REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday August 2, 2005 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Roll call Members Present: Bauer, Canup, Fischer, Gronachan, Krieger and Sanghvi

1. Please turn off pagers and cell phones during the meeting.
2. Each person desiring to address the Board shall state his / her name and address.
3. Individual persons shall be allowed five (5) minutes to address the Board, an extension of time may be granted at the discretion of the Chairperson.
4. There shall be no questioning by the audience of the persons addressing the Board; However, the Board members may question that person with recognition of the Chairperson.
5. No person shall be allowed to address the Board more than once unless permission is granted by the Chairperson.
6. One spokesperson for a group attending shall be allowed ten (10) minutes to address the Board.

Mr. Morgan with Phillips Sign & Lighting Inc. is requesting one (1) sign variance for a new ground sign to be installed at 42400 Grand River.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) states: "No building or parcel of land shall be allowed more than one (1) sign permitted under this section…"

MOTION: WITH RESPECT TO CASE NO. 05-060 DENY THE REQUEST AS STATED DUE TO LACK OF SUBSTANTIATED NEED AND LACK OF PRACTICAL DIFFICULTY.

Mr. Lance of L&R Construction is requesting a variance to the Building Foundation Landscape requirements to Speedway Gas Station at 47295 Pontiac Trail. Property is zoned B-3 and located at the southwest corner of Beck Road and Pontiac Trail.

NOVI CODE OF ORDINANCES: Section 2509.3.d, "Building Foundation Landscape Requirements" requires that there shall be a minimum width dimension of four feet of interior landscape planting beds placed adjacent to the building on all four sides.

Applicant is requesting a variance for the lack of interior landscaping on the east side of the building.

MOTION: WITH RESPECT TO CASE NO. 05-062 GRANT THE PETITIONER’S VARIANCE DUE TO LOT CONFIGURATION AND TYPE OF BUSINESS.

PT Commerce LLC is requesting one (1) sign variance to erect an additional entranceway sign to be located on Lenox Park Drive which is north of Thirteen Mile Road and west of M-5.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) states: "no building or parcel of land shall be allowed more than one (1) sign permitted under this section..."

MOTION: WITH RESPECT TO CASE NO. 05-063 GRANT THE REQUEST FOR A SIGN VARIANCE FOR LOCATION IDENTIFICATION.

Mr. Wayne Wrobel is requesting a seven (7) foot rear yard setback variance for the construction of a screened enclosure on a proposed deck at 24578 Ackert Court, Lot 72, Willowbrook Farms Subdivision. Property is zoned R-4 and located north of Ten Mile and east of Meadowbrook Road.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum rear yard setback of thirty-five (35) feet in an R-4 zoning district.

REQUIRED REAR YARD SETBACK 35 FEET

VARIANCE REQUESTED 7 FEET

MOTION: WITH RESPECT TO CASE NO. 05-064 GRANT THE VARIANCE AS REQUESTED TO ENABLE PETITIONER TO ENCLOSE HIS DECK ON THE BACK OF HIS HOME.

Mr. Mark Bono is requesting a five (5) foot side yard setback variance with a five (5) foot combined total side yard setback variance for the construction of an attached sunroom at 1309 East Lake Drive. Property is zoned R-4 and located east of East Lake Drive and south of Fourteen Mile Road.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum side yard setback of ten (10) feet with a combined total of both side yard setbacks of 25 feet in an R-4 zoning district.

MINIMUM REQUIRED SIDE YARD SETBACK 10 FEET

VARIANCE REQUESTED 5 FEET

REQUIRED TOTAL OF BOTH SIDE YARDS 25 FEET

VARIANCE REQUESTED 5 FEET

MOTION: WITH RESPECT TO CASE NO. 05-065 GRANT THE PETITIONER’S REQUEST FOR THE VARIANCE BECAUSE OF THE LOT CONFIGURATION.

Kathleen Gorton of Maples Country Club is requesting one (1) sign variance to erect an additional wall sign to be located at 31260 Wakefield Drive which is south of Fourteen Mile Road and east of Novi Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) states: "no building or parcel of land shall be allowed more than one (1) sign permitted under this section..."

MOTION: WITH RESPECT TO CASE NO. 05-066 GRANT THE REQUEST AS STATED DUE TO A PRACTICAL HARDSHIP IF THEY WERE NOT ALLOWED TO HAVE THE EXISTING SIGN.

Mr. Ladner of GPD Group is requesting two (2) variances from the zoning ordinance for National City Bank at 48648 Grand River. Applicant is requesting a variance to the loading and unloading space requirement, and a variance from the interior landscape requirements around the building at the drive through. Property is zoned B-3 and located east of Wixom Road (General Business District).

NOVI CODE OF ORDINANCES: ARTICLE 25; Section 2507, "Off-street Loading and Unloading" requires there be provided adequate space for standing, loading, and unloading in order to avoid undue interference with public use of dedicated rights-of –way.

Applicant has requested a variance to the loading and unloading space requirements.

NOVI CODE OF ORDINANCES: Section 2509.3.d, "Building Foundation Landscape Requirements" requires that there shall be a minimum width dimension of four feet of interior landscape planting beds placed adjacent to the building on all four sides.

Applicant is requesting a variance for the lack of interior landscaping adjacent to the building along the drive through area.

MOTION: WITH RESPECT TO CASE NO. 05-067 PETITIONER’S REQUEST BE GRANTED FOR BANKING BUSINESS ONLY.

Mr. Deters of Detroit Metro Signs is requesting one (1) sign variance to erect a ground sign for Charter One Bank. The sign is to be located at 41400 Ten Mile Road which is located on the northwest corner of 10 Mile Road and Haggerty Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.2ii states: "ground signs shall not exceed a height of five (5) feet..."

Requested: 12.6 feet

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) states: "no building or parcel of land shall be allowed more than one (1) sign permitted under this section..."

Ms. Kozinski of JMK Coffee, LLC (d/b/a Beaner’s Gourmet Coffee) is requesting one (1) sign variance to erect an additional wall sign to be located at 31208 Beck Road which east of Beck Road and south of Pontiac Trail.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3)d states: "each separately and operated business occupying a building on a single parcel of land, which has a separate exterior entrance, is entitled to one (1) identification wall sign..."

MOTION: WITH RESPECT TO CASE NO. 05-068 GRANT THE REQUEST FOR THE VARIANCE FOR REASONS STATED BY THE PETITIONER AND BY DISCUSSION OF THE BOARD MEMBERS.

Mr. Kligman of Superb Custom Homes of Asbury Park, LLC is requesting one (1) sign variance to erect a ground sign to be located at 25805 Beck Road which is on the southwest corner of Beck Road and Eleven Mile Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-9(1) states: "ground pole signs and wall signs only shall be permitted in an I-2 district only..."

MOTION: WITH RESPECT TO CASE NO. 05-069 DENY THE REQUEST AS STATED DUE TO THE FACT OF LACK OF PRACTICAL DIFFICULTY AND THAT THERE IS NO REASON TO GRANT A VARIANCE FOR AN OFF-PREMISES SIGN FOR THIS PARTICULAR CASE DUE TO THE FACT THAT THERE ARE PROBABLY FIVE-HUNDRED HOMES OR RESIDENCES IN THAT COMMUNITY AND GENERAL AREA THAT HAVE SURVIVED AND SOLD WITHOUT THE KIND OF SIGNAGE THAT IS BEING PROPOSED.

Mr. Alan Okon is requesting four (4) variances from the zoning ordinance for Bank One to be located in Section 16 at the northeast corner of Grand River Avenue and Beck Road. Applicant is requesting a twelve (12) foot parking lot setback variance, a two (2) car stacking space variance at the drive through, a variance to the loading and unloading space requirement and a variance from the interior landscape requirements around the building at the drive through. Property is zoned OST (Planned Office Service Technology District) and is approximately 1.1 acres. Applicant is proposing a four thousand (4,000) square foot full service bank.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a twenty (20) foot minimum parking setback requirement.

REQUIRED PARKING SETBACK 20 FEET

VARIANCE REQUESTED 12 FEET

NOVI CODE OF ORDINANCES: Section 2506.12, "Off Street Stacking Space"

States that there be a minimum stacking requirement of six vehicles (per lane) inclusive of the vehicle at the window.

REQUIRED MINIMUM STACKING 6 VEHICLES

VARIANCE REQUIRED 2 VEHICLES

NOVI CODE OF ORDINANCES: Section 2507, "Off Street Loading and Unloading",

States that there shall be provided a loading and unloading space in the rear yard or the interior side yard in an OS District.

Applicant has indicated that the nature of the bank branch does not require a loading zone, therefore a variance is being requested.

NOVI CODE OF ORDINANCES: Section 2509.3.d, "Building Foundation Landscape Requirements" requires that there shall be a minimum width dimension of four feet of interior landscape planting beds placed adjacent to the building on all four sides.

Applicant is requesting a variance for the lack of interior landscaping adjacent to the building along the drive through area.

MOTION: WITH RESPECT TO CASE NO. 05-070 WHICH IS COMMONLY KNOWN AS BANK ONE, DENY THE REQUESTED VARIANCES WITH REGARD TO STACKING AND SETBACK AS STATED FOR A LACK OF DEMONSTRATED PRACTICAL DIFFICULTY IN COMPLYING WITH THE ORDINANCE. THE APPLICANT IS ATTEMPTING TO OVERBUILD A SMALLER PIECE OF PROPERTY AND THE PROPERTY IS USABLE IN OTHER WAYS OR COULD BE DEVELOPED WITH A SMALLER USAGE. REMAINING VARIANCES (LANDSCAPING AND LOADING) ARE DENIED AS MOOT.