Public Remarks: None

Robert Slack of Ace Family Hardware is requesting approval for placement of an outdoor propane exchange rack on the west elevation of the building at 22104 Novi Road in the Oakpointe Plaza. The property is zoned I-1, is subject to a consent judgment that makes the regulations of the B-1 District applicable to the property and is located east of Novi Road and south of Nine Mile Road.

CITY OF NOVI, CODE OF ORDINANCES, Article 13, Section 1303.1, B-1 Local Business District

Required conditions states all business shall be conducted within a completely enclosed building

IN CASE NO. 08-061 MOTION TO APPROVE THE REQUEST FOR PLACEMENT OF OUTDOOR PROPANE EXCHANGE RACK ON THE WEST ELEVATION OF THE BUILDING AT 22104 NOVI ROAD AT THE OAKPOINTE PLAZA AS DEPICTED IN THE PHOTOGRAPHS AS IT CURRENTLY EXISTS RIGHT NOW. SINCE THIS IS A USE VARIANCE, I BELIEVE THAT THE PROPERTY CANNOT BE REASONABLY USED FOR THE PURPOSES PERMITTED IN THE EXISTING ZONING DISTRICT. THE PLIGHT OF THE PROPERTY OWNER IS DUE TO UNIQUE CIRCUMSTANCES PECULIAR TO HIS OR HER PROPERTY AND NOT TO GENERAL NEIGHBORHOOD CONDITIONS. THE USE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE AREA. THE PROPONENT’S PROBLEM IS NOT SELF CREATED. AS I HAVE SUGGESTED BEFORE, IT IS A TYPE OF PRODUCT THAT IS TYPICALLY SOLD IN BUSINESSES SUCH AS THIS. IT IS THE ONLY LOGICAL PLACE TO PUT IT IN THIS CASE. IT WILL HAVE TO COMPLY WITH EXISTING ORDINANCES AND FIRE MARSHALL REGULATIONS.

Motion Carried: 7-0
Motion Maker: Member Ghannam

Blair Bowman of ServMan, LLC. is requesting 5 variances to install an off-premise advertising pole sign of 672 square feet to be mounted with the top of the sign at 50’ above grade. This sign is proposed to be located within 1200 feet of existing off premises advertising signs. The property is zoned EXO and is located north of Grand River and west of Taft Road.

CITY OF NOVI, CODE OF ORDINANCES,

Section 28 -5 (a) Changeable copy signs are to be business ground sign only

Section 28 -8 (1) Off-premise advertising signs are permitted in I-2 zoning district only

Section 28 -8 (2) Off-premise advertising signs are not to be more than 300 square feet in area, nor more than 15’ in height

Section 28-8 (3) No off premise advertising sign shall be located closer than 1,200 feet from another off premise advertising sign.

Section 28-1 (5) Applicant may need the additional variance if the sign does not maintain a static message and the transition from one static display to another be instantaneous without any special effects.

IN CASE NO. 08-069 MOTION TO DENY THE VARIANCE IN CASE NO. 08-069, SOUGHT BY BLAIR BOWMAN FOR SERVMAN, LLC BECAUSE PETITIONER HAS NOT SHOWN PRACTICAL DIFFICULTY REQUIRING THE CITY TO GRANT VARIANCES TO PERMIT AN OFF-PREMISES ADVERTISING POLE SIGN IN THE EXO DISTRICT BECAUSE GRANTING THE VARIANCE WOULD BE INCONSISTENT WITH THE SPIRIT AND INTENT OF THE ORDINANCE GIVEN THAT THE APPLICANT HAS NOT SHOWN THAT THERE ARE NO OTHER ALTERNATIVES, MORE CONSISTENT WITH THE SPIRIT AND INTENT OF THE ORDINANCES WITH RESPECT TO THE CITY’S POLICY DECISION TO LIMIT OFF-PREMISES ADVERTISING SIGNS TO THE I-2 DISTRICT AND TO PROHIBIT CHANGEABLE COPY MESSAGES ON OFF-PREMISES ADVERTISING BILLBOARDS AND THE PETITIONERS SITUATION IS SELF-CREATED.

Motion Carried: 6-1 (Yes: Bauer, Ghannam, Ibe, Krieger, Skelcy, Sanghvi No: Cassis)
Motion Maker: Member Bauer

Boyne Country Sports is requesting a variance to allow a wall sign on the east elevation of the building located at 27782 Novi Road. The property is zoned RC and is located east of Novi Road and South of Twelve Mile Road.

Section 28-5 (3) "No building or parcel of land shall be allowed more than one (1) sign permitted under this section"

There are currently two (2) ground signs on the property, one approved by a Zoning Board of Appeals variance

IN CASE NO. 09-009 MOTION TO GRANT THE APPLICANTS REQUEST. THE REQUEST IS BASED UPON CIRCUMSTANCES OF FEATURES THAT ARE EXCEPTIONAL AND UNIQUE TO THE PROPERTY AND DO NOT RESULT FROM CONDITIONS THAT EXIST GENERALLY IN THE CITY OR THAT ARE SELF CREATED. THE FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AND WILL RESULT IN SUBSTANTIALLY MORE THAN MERE INCONVENIENCE OR INABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN. THE GRANT OF RELIEF WILL NOT RESULT IN A USE OF STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERES WITH ADJACENT OR SURROUNDING PROPERTIES, WILL RESULT IN SUBSTANTIAL JUSTICE BEING DONE TO BOTH THE APPLICANT AND ADJACENT OR SURROUNDING PROPERTIES, AND IS NOT INCONSISTENT WITH THE SPIRIT OF THE ORDINANCE.

Motion Carried: 7-0
Motion Maker: Member Ibe

4. Case No. 09-010 47601 Grand River Avenue –Providence Hospital

SignGraphix is requesting a variance to erect a wall sign on the north elevation for Providence Park Hospital located at 47601 Grand River Avenue. The property is zoned OSC and is south of Grand River Avenue and west of Beck Road.

Section 28-5 (3) "…No building or parcel of land shall be allowed more than one (1) sign permitted under this section…."

Section 28-5 (2) b.1 (a) (ii) b. wall signs shall not exceed 250 square feet in area

IN CASE NO. 09-010 MOTION TO APPROVE THE VARIANCE AS PROPOSED. THEY HAVE MET THE STANDARDS OF THE SIGN VARIANCE BEING PRACTICAL DIFFICULTY. THE REQUEST IS BASED UPON CIRCUMSTANCES OF FEATURES THAT ARE EXCEPTIONAL AND UNIQUE TO THE PROPERTY AND DO NOT RESULT FROM CONDITIONS THAT EXIST GENERALLY IN THE CITY OR THAT ARE SELF CREATED. THE FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AND WILL RESULT IN SUBSTANTIALLY MORE THAN MERE INCONVENIENCE OR INABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN. THE GRANT OF RELIEF WILL NOT RESULT IN A USE OF STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERES WITH ADJACENT OR SURROUNDING PROPERTIES, WILL RESULT IN SUBSTANTIAL JUSTICE BEING DONE TO BOTH THE APPLICANT AND ADJACENT OR SURROUNDING PROPERTIES, AND IS NOT INCONSISTENT WITH THE SPIRIT OF THE ORDINANCE.

Motion Carried: 6-0 (Kreiger excused)
Motion Maker: Member Ghannam

Roger Soulliere is requesting a variance to continue the use of outdoor storage in an I-1 zoning district for the business known as Stone City Incorporated located at 26940 Taft Road. Applicant is requesting a 5 year variance similar to previous ZBA Case # 06-012. Property is located north of Grand River and east of Taft Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 1905 – 1. a. states that all uses within the I-1 District shall be conducted wholly within a completely enclosed building.

IN CASE NO. 09-012 MOTION TO GRANT A 2 YEAR EXTENSION OF THEIR CURRENT VARIANCE FOR THE OUTDOOR STORAGE, AS THEY ARE DOING AT THE PRESENT TIME. I THINK UNDER THE CIRCUMSTANCES, HOW THEY HAVE DONE IT IN THE PAST AND GIVEN THE STATE OF ITS CURRENT OPERATION, IT WOULD BE AN UNNECESSARY HARDSHIP FOR A LIMITED PERIOD OF TIME. AT THIS TIME THE PROPERTY CANNOT REASONABLY BE USED FOR THE PURPOSES PERMITTED IN THE ZONING DISTRICT. THERE UNIQUE CIRCUMSTANCES PECULIAR TO THIS PROPERTY AND NOT TO THE GENERAL NEIGHBORHOOD CONDITIONS. THE VARIANCE WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE AREA. THE PROPONENT’S PROBLEM IS NOT SELF CREATED.

Motion Carried: 7-0
Motion Maker: Member Ghannam

Euko Design-Signs Inc is requesting a variance to allow installation of one additional 21 square foot wall sign on the north tower for Comerica Bank located at 47440 Grand River Avenue – West Market Square Shopping Center. The property is zoned B-2 located north of Grand River Avenue and west of Beck Road

Section 28-5 (3) states: "No building or parcel of land shall be allowed more than one (1) sign permitted under this section, except as follows:

….where a corner lot or parcel occupied by a single business and situated on two (2) or more thoroughfares wall signs may be permitted on each thoroughfare…"

There currently exist two wall signs on this property. A third sign is not permitted.

IN CASE NO. 09-013 MOTION TO DENY THE PROPOSED SIGN VARIANCE AS REQUESTED UNDER THE CIRCUMSTANCES OF FEATURES THAT ARE EXCEPTIONAL AND UNIQUE TO THE PROPERTY AND DO NOT RESULT FROM CONDITIONS THAT EXIST GENERALLY IN THE CITY. IN THIS CASE YOU ARE ALLOWED 2 SIGNS BECAUSE IT IS A SINGLE BUSINESS ON A CORNER. IN THIS PARTICULAR CASE ANOTHER SIGN COMING FROM THE NORTH TO THE SOUTH WOULD NOT BE BENEFICIAL. THE FAILURE TO GRANT RELIEF WILL NOT UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AND WILL NOT RESULT IN SUBSTANTIALLY MORE THAN MERE INCONVENIENCE OR INABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN. THE DENIAL WILL NOT RESULT IN A USE OF STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERES WITH ADJACENT OR SURROUNDING PROPERTIES. THE DENIAL WILL NOT BE INCONSISTENT WITH THE SPIRIT OF THE ORDINANCE.

Motion Carried: 7-0
Motion Maker: Member Ghannam

SignGraphix is requesting a variance to erect a 107.67 square foot wall sign at the south end of the northeast elevation for Providence Park Hospital located at 47601 Grand River Avenue. The property is zoned OSC and is south of Grand River Avenue and west of Beck Road.

Section 28-5 (3) "…No building or parcel of land shall be allowed more than one (1) sign permitted under this section…."

IN CASE NO. 09-015 MOTION TO APPROVE THE PETITION FOR A VARIANCE TO ERECT A 107 SQUARE FOOT WALL SIGN ON THE SOUTH END OF NORTHEAST ELEVATION OF PROVIDENCE PARK HOSPITAL AT 47601 GRAND RIVER AVENUE. THE REQUEST IS BASED UPON CIRCUMSTANCES OF FEATURES THAT ARE EXCEPTIONAL AND UNIQUE TO THE PROPERTY AND DO NOT RESULT FROM CONDITIONS THAT EXIST GENERALLY IN THE CITY OR THAT ARE SELF CREATED. THE FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AND WILL RESULT IN SUBSTANTIALLY MORE THAN MERE INCONVENIENCE OR INABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN. THE GRANT OF RELIEF WILL NOT RESULT IN USE OF STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERES WITH ADJACENT OR SURROUNDING PROPERTIES, WILL RESULT IN SUBSTANTIAL JUSTICE BEING DONE TO BOTH THE APPLICANT AND ADJACENT OR SURROUNDING PROPERTIES, AND IS NOT INCONSISTENT WITH THE SPIRIT OF THE ORDINANCE.

Motion Carried: 6-0 (Kreiger excused)
Motion Maker: Member Ibe

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