| View Action Summary for this meeting View Minutes for this meeting REGULAR MEETING – ZONING BOARD OF
APPEALS Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.
Roll call Members Bauer, Canup, Fischer, Gronachan, Krieger, Sanghvi and Shroyer Rules of Conduct:
Approval of Agenda Approval of Minutes – February 7, 2006 Public Remarks 1. Case No. 06-007 filed by Planet Neon Signs for Roche Bobois at 43223 Twelve Mile Road Planet Neon Signs is requesting one (1) sign variance to allow placement of window graphics at Roche Bobois at 43223 Twelve Mile Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-8(14)c states: "The following types of signs shall be permitted in all districts where the principal use to which they are related is permitted by Appendix A, "Zoning Ordinance," as amended….Business signs displayed through building glass area, where such sign…contains a message referring to current, temporary merchandising or promotional activities such as a sale..." The applicant is requesting permission to erect window graphics covering more than 25% of the window for an infinite amount of time.
2. Case No. 06-013 filed by Novi Urgent Care at 24230 Karim Novi Urgent Care is requesting two (2) sign variances to add language of "Novi Urgent Care" to an existing business sign for Brookside Medical Building at 24230 Karim. The building is located north of Ten Mile and west of Haggerty Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.1.i. states: "Except as provided below, ground signs shall not exceed a maximum thirty (30) square feet or one (1) square foot for each two (2) feet the sign is setback, whichever is greater, with a maximum area of one hundred (100) square feet." Required setback: 70 feet Proposed: 63 feet Variance: 7 feet CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.2.ii states: "…All other ground signs shall not exceed a height of five (5) feet…" Allowed height: 5 feet Proposed: 7 feet Variance: 2 feet
3) Case No. 06-024 filed by the Home Depot at 47950 Grand River Pace Nielson of the Home Depot is requesting a Temporary Use Permit to allow a sidewalk sale in the front apron of the Home Depot store located at 47950 Grand River (Westmarket Square development). The applicant requests to have a sidewalk sale from May 15, 2006 to September 6, 2006 to sell live good merchandising and promotional items. The property is zoned B-2 and located west of Beck Road and north of Grand River. CITY OF NOVI, CODE OF ORDINANCES, Section 3004, "Temporary Use Permits" states: "The Building Official or his designee, shall have the power to grant permits authorizing temporary special land uses for …sidewalk sales… where permitted." The applicant is requesting a sidewalk sale in the front apron of the Home Depot building.
4) Case No. 06-025 filed by Maurice Cherf at 23520 Beck Road Maurice Cherf is requesting two (2) variances for the construction of an addition and new porch located at 25320 Beck Road. Applicant is requesting a one (1) foot front yard setback variance and a sixteen foot eight inch (16’-8") rear yard setback variance. Property is zoned R-A and is located south of Eleven Mile Road and east of Beck Road. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a forty-five (45) foot front yard setback requirement and a fifty (50) foot rear yard setback requirement for property that is zoned R-A. Required front yard setback 45 feet Proposed front yard setback 44 feet Variance requested 1 foot Required rear yard setback 50 feet Proposed rear yard setback 33 feet, 8 inches Variance requested 16 feet, 4 inches
5) Case No. 06-026 filed by Arkin Enterprises representing Shiro Restaurant at 43180 Nine Mile Road Arkin Enterprises representing Shiro Restaurant is requesting three (3) sign variances for an awning sign, a ground sign, and eighteen (18) temporary ground signs to be located at 43180 Nine Mile Road. The restaurant is located north of Nine Mile Road and east of Novi Road. Please note – Arkin Enterprises owns the three parcels of land where they are proposing to locate the signs. Sign A – Awning sign: CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(3), "Number of on-premises advertising signs permitted" states: "…no building or parcel of land shall be allowed more than one (1) sign permitted under this section…" The applicant is requesting permission to place the verbiage "Shiro Restaurant" on an existing awning. Sign B – Ground sign: CITY OF NOVI, CODE OF ORDINANCE, Section 28-9(1), "Off-premises advertising signs permitted according to district" states: "Ground pole signs and wall signs only shall be permitted in an I-2 district only." The applicant is requesting permission to erect a thirty six (36) square foot ground sign on property that is zoned RM-1. Sign C – Temporary ground signs (18): CITY OF NOVI, CODE OF ORDINANCE, Section 28-11 (a) states: "A sign not expressly permitted is prohibited." The applicant is requesting permission to erect eighteen (18) three (3) square foot temporary signs for a period of sixty (60) days.
6) Case No. 06-028 filed by Fawzi Tomey for Jimmy John’s at 31204 Beck Road (Shoppes at the Trail) Fawzi Tomey of Jimmy John’s is requesting a variance to allow for temporary outdoor seating for property located at 31204 Beck Road (Shoppes at the Trail) from May 1, 2006 through October 31, 2006. Shoppes at the Trail is located south of Pontiac Trail and east of Beck Road. NOVI CITY CODE, SECTION 1501.2 "PRINCIPAL USES PERMITTED" states: "Any retail business or service establishment permitted in B-1 and B-2 Districts as Principal Uses Permitted and Uses Permitted subject to special conditions and subject to the restriction therein." NOVI CITY CODE, SECTION 1401 "PRINCIPAL USES PERMITTED" states: "…no building or land shall be used…except for one or more of the following specified uses…2.a. Any retail business whose principal activity is the sale of merchandise in an enclosed building…"
7) Case No. 06-029 filed by Patrick Ruddy at 44622 Kali Court Patrick Ruddy is requesting one (1) variance for the construction of a screened porch on the upper deck located at 44622 Kali Court. Applicant is requesting a sixteen (16) foot rear yard setback variance. The property is zoned R-4 and located on Lot 179 in Cedarspring Estates, which is located north of Ten Mile and east of Taft Road. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a thirty five (35) foot rear yard setback requirement for property that is zoned R-4. Required rear yard setback 35 Feet Proposed rear yard setback 19 Feet Variance requested 16 Feet
8) Case No. 05-099 filed by Rino Soave for Pinebrook Professional Plaza Rino Soave of Soave Corp. Novi, LLC is requesting three (3) variances for the construction of the proposed project, Pinebrook Professional Plaza (fka Tierra / Soave Building). Please note that this project contains two buildings, Building A and Building B. All variance requests apply to both. The applicant is requesting a 0.8 acre lot area variance, a thirteen (13) foot front yard setback variance, and a 533 square foot variance for the loading/unloading area. The property is zoned NCC and is located at the southeast corner of Grand River Avenue and Joseph Drive. NOVI CODE OF ORDINANCES, ARTICLE 24, Section 2400, "Schedule of Regulations" requires a lot area of two (2) acres and a forty (40) foot front yard setback for property that is zoned NCC. Minimum lot area: 2 acres Proposed: 1.2 acres Variance: 0.8 acres Required front yard setback: 40 feet Proposed: 27 feet Variance: 13 feet NOVI CODE OF ORDINANCES, Section 2507.2 "Off-street Loading and Unloading" states: "Within the B, GE, FS, RC, NCC, TC and TC-1 Districts, loading, unloading space shall be provided in the rear yard at a ratio of ten (10) square feet for each front foot of building…" Required (for both buildings): 1,540 square feet Proposed: 1,007 square feet Variance: 533 square feet
9) Case No. 06-030 filed by Robert Cummings at 1254 East Lake Drive Robert Cummings is requesting six (6) variances for the construction of a new home located at 1254 East Lake Drive. Applicant is requesting a ten (10) foot front yard setback variance, a 22.06 foot rear yard setback variance, a north side yard setback variance of ten (10) feet, a south side yard setback variance of 5.29 feet with a total aggregate variance of both side yards of 15.29 feet, and a lot coverage variance of 15.1%. Property is zoned R-4 and located on Lot 2 in the Supervisor’s Plat No. 1 Subdivision, which is located east of East Lake Drive and north of New Court. Please note: The existing house is to be demolished. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires; a thirty (30) foot front yard setback, a thirty-five (35) foot rear yard setback, a minimum side yard setback of ten (10) feet with an aggregate setback of both side yards of twenty-five (25) feet and a maximum lot coverage of twenty-five (25 %) percent. Required front yard setback 30 feet Proposed front yard setback 20 feet Variance requested 10 feet Required rear yard setback 35 feet Proposed rear yard setback 12.94 feet Variance requested 22.06 feet
Required side yard setback (north) 15 feet Proposed side yard setback 5 feet Variance requested 10 feet Required side yard setback (south) 10 feet Proposed side yard setback 4.71 feet Variance requested 5.29 feet Required side yard setback (both sides) 25 feet Proposed side yard setback 9.71 feet Variance requested 15.29 feet Proposed lot coverage 40.1% Maximum lot coverage 25% Variance requested 15.1%
10) Case No. 06-031 filed by Allied Signs, Inc. for David’s Bridal at 43831 West Oaks Drive (West Oaks) Allied Signs representing David’s Bridal is requesting one (1) sign variance to erect a wall sign at 43831 West Oaks Drive. The store will be located adjacent to the Gander Mountain store at the West Oaks Shopping Center. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)b.1.(a)(i)a. "Multiple businesses" states: "A wall sign displayed on a building occupied by two (2) or more businesses shall not exceed twenty four (24) square feet, or one (1) square foot of signage for every two (2) lineal feet of business frontage to a maximum of forty (40) square feet." Allowed: 40 square feet Proposed: 47.89 square feet Variance: 7.89 square feet
11) Case No. 06-032 filed by SignGraphix, Inc. representing LaSalle Technology Centre SignGraphix, Inc. representing LaSalle Technology Centre is requesting one (1) sign variance to erect a ground sign at the entrance of the LaSalle Technology Centre North and LaSalle Technology Centre South buildings. These buildings are located south of Lewis Drive and west of Cabot Drive in the Haggerty Corridor Corporate Park. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)a.3 "Placement" states: "Ground signs shall not be placed less than sixty-three (63) feet from the centerline of the thoroughfare or collector street…" Allowed: 63 feet Proposed: 33 feet Variance: 30 feet
12) Case No. 05-097 filed by Dennis Miller for Flagstar Bank at 39900 Eight Mile Road Dennis Miller of Flagstar Bank is requesting two (2) variances for construction of a Flagstar Bank branch located at 39900 Eight Mile Road. Applicant is seeking a variance of 1.131 acres for the allowance of front yard parking and a seven (7) foot variance to accommodate stacking space and an emergency escape lane on the eastern side yard setback. Property is zoned OSC and located on the northeast corner of Eight Mile Road and Orchard Hill Place. NOTE: This case is on remand from Circuit Court. NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, subparagraph h (1) "Schedule of Regulations" states that no off street parking shall be allowed in a front yard of an OSC District unless a parking area serves a development of two (2) acres in size. Yard area required for front yard parking 2 acres Yard area proposed for front yard parking .869 acres Variance requested 1.131 acres NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum parking setback of twenty (20) feet on the eastern side yard. Required minimum parking setback 20 feet Proposed minimum parking setback 13 feet Variance requested 7 feet
OTHER MATTERS 1) Gateway construction identification sign – ZBA Case No. 05-021
|