Roll call Members Bauer, Burke, Fischer, Ghannam, Ibe, Krieger, Sanghvi and Shroyer

Public Remarks: No public remarks

Amarjit Chawney of Villagewood Place Condominiums LLC is requesting one sign variance for the continued placement of a fifteen square foot real estate marketing sign measuring six feet in height for Villagewood Place. The property is zoned RM-1 and is located on Kartar Lane west of Haggerty Road between Nine and Ten Mile Roads. Sign variance originally approved in ZBA04-092 for one year, extended for one year in ZBA05-107 and extended once again in ZBA07-007 for one year.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (3) Temporary Signs states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the residential property (other than multiple family apartment complexes) upon which the sign is located are limited to six (6) square feet in area and five (5) feet in height."

IN CASE NO. 08-029 TO APPROVE THE SIGN VARIANCE EXTENSION REQUEST FOR ONE YEAR ORIGINALLY APPROVED IN ZBA CASE NO.04-092 FOR ONE YEAR AND EXTENDED IN ZBA CASE NO.05-107 AND AGAIN IN ZBA CASE NO.07-107, THE MOST RECENT EXTENSION, BECAUSE WITHOUT THE SIGN THE RESULT MAY BE THE INABILITY TO MOVE THE REAL ESTATE.

Motion Carried: 4-3
Motion Maker: Burke (Yes: Bauer, Burke, Krieger, Sanghvi; No: Fischer, Ibe, Shroyer)

Bill Lutz of Sign Graphix representing HINO Trucks is requesting one seventy-five (75) square foot illuminated wall sign for the north elevation of the HINO Truck Office building located at 41180 Bridge Street. Property is zoned I-1 and is located north of Eleven Mile Road and east of Meadowbrook Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) b. 1. (a) (i) b. Area height and placement regulations states: "A wall sign displayed on a building occupied by one (1) business shall not exceed one (1) square foot of signage for each three (3) feet of setback from the centerline of the nearest adjacent thoroughfare or collector street as defined in the master plan.

IN CASE NO. 08-038 TO APPROVE THE WALL SIGN AS PRESENTED; WHEREAS THE APPLICANT HAS SUCCESSFULLY COMMUNICATED THE PRACTICAL DIFFICULTY THAT IS PRESENT. THIS MOTION IS BASED ON A CONSISTENCY OF SURROUNDING PROPERTIES, TAKING INTO ACCOUNT ALL WHICH WERE DISCUSSED THIS EVENING. THE FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THIS PROPERTY AND RESULT IN SUBSTANTIALLY MORE THAN A MERE INCONVENIENCE OR INABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN AND THE REQUEST IS BASED UPON CIRCUMSTANCES BEING UNIQUE TO THE PROPERTY AND IT DOES NOT RESULT FROM CONDITIONS WHICH EXIST GENERALLY IN THE CITY OR THAT ARE SELF CREATED.

Motion Carried: 5-2
Motion Maker: Shroyer (Yes: Burke, Ibe, Krieger, Sanghvi, Shroyer; No: Bauer, Fischer)

Charles K. Alawan representing five tenants in Pheasant Run Plaza is requesting five sign variances for the placement of additional wall signage on the north elevation of the plaza facing Grand River Avenue. Petitioner is requesting one 32 square foot illuminated wall sign for Gina Agosta Salon located at 39831 Grand River Avenue; one 20 square foot illuminated wall sign for Agosta For Men located at 39853 Grand River Avenue; one 20 square foot illuminated wall sign for Oxford Tailor located at 39863 Grand River Avenue; one 32 square foot illuminated wall sign for Smokers Merchant located at 39877 Grand River Avenue and one 32 square foot illuminated wall sign for Pheasant Run Cleaners located at 39787 Grand River Avenue. Each tenant has an approved east elevation wall sign and the Plaza has an approved Business Center Sign on Grand River Avenue. Property is zoned B-3 and is located south of Grand River and west of Haggerty Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) f. Number of on premises advertising signs permitted states: "Where two (2) or more separately owned and operated businesses occupy a building on a single parcel of land, each having a separate exterior entrance, each business entitled to a single identification wall sign…"

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) b. 3. Wall Sign Placement states: "where more than one separately owned and operated business occupies a building or parcel of land, those wall signs permitted for individual businesses shall be located on the same side of the building as the exterior wall abutting the business space, and within the lineal frontage of the respective business."

CASE TABLED TO THE OCTOBER 14, 2008 MEETING DATE

Victor Muskat is requesting a variance to the required 20 foot front parking setback standard for the proposed Abode Salon to be located at 2215 Old Novi Road. Property is zoned B-3 and is located east of Old Novi Road and south of Wainwright Street.

REQUIRED FRONT PARKING SETBACK       20 FEET
PROPOSED FRONT PARKING SETBACK       0 FEET
VARIANCE REQUESTED                              20 FEET

CITY OF NOVI, CODE OF ORDINANCES, Article 24 Schedule of Regulations requires a 20 foot front parking setback in a B-3 zoning district.

IN CASE NO. 08-048 TO GRANT THE PETITIONERS REQUEST AS STATED GIVEN THAT THEY HAVE ESTABLISHED A PRACTICAL DIFFICULTY THAT THE SETBACK AND LOT CONFIGURATION UNREASONABLY PREVENT THE USE OF PROPERTY FOR THE PERMITTED PURPOSE. THE VARIANCE WILL PROVIDE SUBSTANTIAL JUSTICE TO THE PETITIONER AND THE SURROUNDING AREAS; IT WILL ACTUALLY BE A BENEFIT TO THE SURROUNDING AREAS. THE CITY HAS MAINTAINED THAT THERE WILL BE NO INCREASE IN SAFETY CONCERNS TO THE GENERAL PUBLIC AND IT IS WITHIN THE SPIRIT OF THE ZONING ORDINANCE.

Motion Carried: 7-0
Motion Maker: Fischer

Chris Hett is requesting one 5.2 foot rear yard setback variance for the construction of a proposed addition to an existing home located at 25300 Beck Road. Property is zoned R-4 and is located east of Beck Road and south of Eleven Mile Road.

CITY OF NOVI, CODE OF ORDINANCES, Article 24 Section 2400 Schedule of Regulations requires a fifty foot rear yard setback in an R-A zoning district.

REQUIRED REAR YARD SETBACK        50 FEET
PROPOSED REAR YARD SETBACK      44.8 FEET
VARIANCE REQUESTED                         5.2 FEET

IN CASE NO. 08-049 TO APPROVE THE VARIANCE AS REQUESTED. THIS IS BASED ON THE CLOSENESS OF THE NON CONFORMING EXISTING HOUSE TO THE EXISTING STREET, THE NARROWNESS OF THE PROPERTY. THIS DOES PROVIDE SUBSTANTIAL JUSTICE TO THE PETITIONER AND SURROUNDING PROPERTY OWNERS WHEREAS IT WILL INCREASE THE PROPERTY VALUES. THE PROBLEM IS NOT SELF CREATED AND DOES NOT CREATE ANY FIRE DANGER OR PUBLIC SAFETY PROBLEMS.

Motion Carried: 7-0
Motion Maker: Shroyer

Angela Arcori of Signature Associates is requesting one variance to allow an additional 16 square foot real estate leasing sign to be located along the business entryway of the Twelve Oaks Mall ring road for the Hagopian building located at 43223 Twelve Mile Road. Petitioner has an approved real estate leasing sign for this property along Twelve Mile Road. Property is zoned R-C and is located south of Twelve Mile Road and east of Novi Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (4) Temporary Signs states: Sale, rental of lease sign which identifies the sale, rental of lease of the non-residential property shall be no larger than 16 square feet, one sign permitted and valid until and thirty days after sale or lease of property.

IN CASE NO. 08-050 TO GRANT THE PETITIONERS REQUEST AS STATED FOR THE TIME FRAME OF ONE YEAR OR UNTIL THE PROPERTY IS LEASED, WHICHEVER COMES FIRST. THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY IN THE ELEVATION OF THE PROPERTY IN QUESTION AS WELL AS THE FACT THAT THE PROPERTY FACES TWO THOROUGHFARES. THE VARIANCE WILL DO SUBSTANTIAL JUSTICE THIS APPLICANT AND TO THOSE SURROUNDING PROPERTIES.

Motion Carried: 7-0
Motion Maker: Fischer

Dave Dismondy is requesting five variances for the construction of a proposed addition to an existing home and the construction of a proposed detached garage to be located at 1181 West Lake Drive. Petitioner is requesting one of the variances to allow an accessory structure to be located in a front yard. Property is zoned R-4 and is located east of West Lake Drive and north of Northhaven Street.

CITY OF NOVI, CODE OF ORDINANCES, Article 2400 Schedule of Regulations requires a 35 foot rear yard setback, a 10 foot minimum side yard setback, a 25 foot aggregate side yard setback and maximum total lot coverage of 25%.

REQUIRED REAR YARD SETBACK                        35 FEET
PROPOSED REAR YARD SETBACK                       27 FEET
VARIANCE REQUESTED                                          8 FEET

REQUIRED MINIMUM SIDE YARD SETBACK           10 FEET
PROPOSED MINIMUM SIDE YARD SETBACK           9 FEET
VARIANCE REQUESTED                                          1 FOOT

REQUIRED AGGREGATE SIDE YARD SETBACK     25 FEET
PROPOSED AGGREGATE SIDE YARD SETBACK   19 FEET
VARIANCE REQEUSTED                                          6 FEET

MAXIMUM TOTAL LOT COVERAGE                         25%
PROPOSED TOTAL LOT COVERAGE                      32%
VARIANCE REQUESTED                                           7%

CITY OF NOVI, CODE OF ORDINANCES, Section 2503 1. B. Accessory Uses states accessory buildings shall not be erected in any required front yard.

IN CASE NO. 08-051 TO GRANT THE PETITIONERS REQUEST GIVEN THAT THE PETITIONER HAS ESTABLISHED PRACTICAL DIFFICULTY THAT THE SETBACK AND THE FRONTAGE, BEING A LAKE LOT AS WELL AS THE NARROWNESS OF THE PROPERTY, WOULD UNREASONABLY PREVENT THE USE OF THE PROPERTY. THE FOOTPRINT OF THE MAIN STRUCTURE WILL NOT CHANGE. THIS VARIANCE WILL DO SUBSTANTIAL JUSTICE TO THIS PETITIONER AS WELL AS SURROUNDING PROPERTY OWNERS AS ANY IMPROVEMENTS TO THAT AREA ARE WELCOME AND WILL ACTUALLY INCREASE PROPERTY VALUES. THERE IS NO INCREASE DANGER OF FIRE OR PUBLIC SAFETY AND THE SPIRIT OF THE ZONING ORDINANCE IS OBSERVED.

Motion Carried: 7-0
Motion Maker: Fischer

1. Welcome to New Member Burke – Member Burke will be serving as the dual Board member to the Zoning Board of Appeals from the Planning Commission through June 30, 2009.
    
2. Rules of Procedure – City Attorney Beth Kudla presented to the Board the revised ZBA Rules and Procedures document and the information pertinent to section Article II Membership which the Board previously requested. Chairman Fischer recommended the matter be placed on the October agenda under Other Matters for consideration.
    
3. 2009 ZBA Calendar Dates – The Board unanimously approved the proposed calendar dates.

Meeting adjourned 9:20 p.m.