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ACTION SUMMARY Roll call Members Bauer, Canup, Fischer, Krieger, Sanghvi and Shroyer Rules of Conduct:
Approval of Agenda Approval of Minutes – April 04, 2006 – Approved 1. Case No. 06-040 filed by National Coney Island at 31120 Beck Road Commercial Advertising Inc. representing National Coney Island is requesting one (1) sign variance to allow placement of an additional wall sign at 31120 Beck Road, (Shoppes at the Trail). This property is zoned B-3 and is located south of Pontiac Trail on the east side of Beck Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) d states: "Each separately owned 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." The applicant is requesting permission to erect an additional wall sign of thirty-six (36) square feet. IN CASE NO.06-040 TO APPROVE THE VARIANCE FOR AN ADDITIONAL WALL SIGN FACING BECK ROAD DUE TO THE PETITIONER ESTABLISHING A PRACTICAL DIFFICULTY OF SETBACK FROM THE ROAD, THEIR HARDSHIP IS NOT SELF IMPOSED AND AN ADDITIONAL WALL SIGN WILL MAKE IDENTIFICATION MORE VISIBLE TO THE PUBLIC.
2. Case No. 06-041 filed by Farmer Jack at 41840 W. Ten Mile Road Mark Decker of Farmer Jack is requesting a Temporary Use Permit to allow seasonal merchandise displays and sidewalk sales on the south side of the front entrance of the Farmer Jack Grocery store located at 41840 W. Ten Mile Road (Novi Ten Shopping Center). The applicant requests to have seasonal merchandise displays and sidewalk sales from June 6, 2006 to October 31, 2006. The property is zoned B-3 and is located west of Meadowbrook Road and north of Ten Mile. 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 Farmer Jack Grocery Store. IN CASE NO. 06-041 TO APPROVE THE VARIANCE REQUESTED FOR SEASONAL MERCHANDISE DISPLAY AND SIDEWALK SALES FROM JUNE 6, 2006 THROUGH OCTOBER 31, 2006 AND BE LIMITED TO A (4) FOUR FOOT X (40) FORTY FOOT SIZE ON THE SOUTH SIDE OF THE ENTRANCE AND THAT THE PEDESTRIAN WALKWAY BETWEEN THE MERCHANDISE AND THE CURBING BE MAINTAINED FOR INGRESS AND EGRESS FOR THE SAFETY OF PEDESTRIANS AND IT IS NOTED THAT THE PETITIONER HAS RECEIVED WRITTEN PERMISSION FOR THESE DISPLAYS FROM THE PROPERTY OWNER.
3. Case No. 06-043 filed by Terry Crossley of Crosspointe Meadows Church FKA Redford Baptist Church on Meadowbrook Road between 12 & 13 Mile RoadsTerry Crossley of Crosspointe Meadows Church is requesting one (1) sign variance to allow placement of a double sided "V" ground shaped sign of (54) fifty-four square feet on Meadowbrook Road. This property is zoned R-A and is located east of Meadowbrook Road and south of 13 Mile Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-11(a) states: "A sign not expressly permitted is prohibited." The applicant is requesting (1) sign variance for a double-sided "V" ground sign of 54 square feet. IN CASE NO. 06-043 TO APPROVE AN EXTENSION OF THE CURRENT SIGN WHICH WAS APPROVED FOR A PERIOD OF (12) MONTHS IN CASE NO.05-023 BY THIS BOARD. THIS EXTENSION WILL BE GRANTED FOR A PERIOD OF (6) MONTHS OR WHEN THE BUILDING PERMIT IS ISSUED, WHICHEVER COMES FIRST.
4. Case No. 06-044 filed by West Market Fuel at Westmarket Square Development Michael Hamame of West Market Fuel, LLC is requesting a variance for the reduction in loading area required from 1100 square feet to 720 square feet (12 feet x 60 feet). The property is zoned B-2 and is located on the west side of Beck Road north of Grand River. 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: 1,100 square feet Proposed: 720 square feet Variance: 380 square feet The applicant is requesting a reduction in loading area. Tabled to July 11, 2006
5. Case No. 06-045 filed by Jamie Kjos of Brightmoor Christian Church at 40800 West Thirteen Mile Road Jamie Kjos of Brightmoor Christian Church is requesting one (1) sign variance to allow placement of an additional wall sign at 40800 West Thirteen Mile Road. This property is zoned R-A and is located west of M-5 and north of Thirteen Mile Rd. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) d states: "Each separately owned 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." The applicant is requesting permission to erect a wall sign. IN CASE NO. 06-045 TO APPROVE THE VARIANCE FOR AN ADDITIONAL WALL SIGN GIVEN THAT THE PETITIONER HAS ESTABLISHED THE PRACTICAL DIFFICULTIES OF THE PUBLIC SAFETY CONCERNS DUE TO THE SPEED ON M-5 AND THE DIFFICULTY OUT OF TOWN VISITORS HAVE IN LOCATING THE ADDRESS, THE SIZE OF THE PROPERTY AS THE PETITIONER OWNS THE SURROUNDING PROPERTY TO M-5 AND THE 300 FOOT SETBACK FROM M-5. THE PETITIONER HAS ESTABLISHED THAT A SMALLER SIGN WOULD NOT BE POSSIBLE BECAUSE IT WOULD NOT BE VISIBLE FROM M-5.
6. Case No. 06-047 filed by Doug Necci for 2117 West Lake Drive The applicant is requesting four (4) variances for the construction of a landscaped stone wall (accessory structure) to be located within the front yard setback, interior and exterior side yards including an extension of a curb with pedestals at the rear yard seawall and interior/exterior side yard of the property at 2117 West Lake Drive. Applicant is also requesting an accessory structure (wall and emergency generator) within the front yard setback. Property is zoned R-4 and located north of South Lake Court and east of West Park Drive NOTE: Applicant had received previous ZBA approval for the decorative stone wall within the front and exterior side yard in case # 05-086. NOVI CODE OF ORDINANCES: Section 2503, Paragraph 2A states: "accessory structures, except as otherwise permitted and regulated in this ordinance, shall be located in the rear yard and shall meet the requirements of an accessory building." The applicant is requesting construction of a decorative stonewall located within the front yard setback, interior side yard setback and exterior side yard setback. The applicant is proposing construction of an emergency generator and decorative wall within the front yard setback. IN CASE NO. 06-047 TO APPROVE THE VARIANCE REQUESTED FOR A FRONT YARD SETBACK TO CONSTRUCT AN ACCESSORY STRUCTURE FOR AN EMERGENCY GENERATOR, A VARIANCE FOR A DECORATIVE STONE WALL INCLUDING AN EXTENSION OF A CURB WITH PEDESTALS AT THE REAR YARD SEAWALL AND INTERIOR/EXTERIOR SIDE YARD GIVEN THE PETITIONER HAS ESTABLISHED A PRACTICAL DIFFICULTY WITH THE IRREGULAR LOT SIZE, FLOODPLAIN AND WETLANDS BUFFER ON THIS LAKE LOT AND THE APPROVAL OF THE RIGHT OF WAY PERMIT FOR THE RELOCATION OF THE DRIVEWAY AND GATE.
7. Case No. 06-048 filed by Dennis Radloff for Dick’s Sporting Goods at 44225 12 Mile Road Dennis Radloff of Dick’s Sporting Goods is requesting a Temporary Use Permit to allow a parking lot tent sale in the southern parking lot of Fountain Walk Mall located at 44225 12 Mile Road. The applicant requests to have a parking lot tent sale event from June 22, 2006 through July 10, 2006. There will be planned activities such as a balloon give away, face painting for children, basketball free throw contests, raffles, a food vendor and merchandise sales. The property is zoned RC and located south of 12 Mile and west of Novi Road. 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 parking lot tent sale event in southern parking lot of Fountain Walk Mall. IN CASE NO. 06-048 TO APPROVE THE VARIANCE REQUESTED FOR A SPECIAL LAND USE TO HOLD A PARKING LOT TENT SALE EVENT FROM JUNE 22, 2006 TO JULY 10, 2006 NOTING THAT THE APPLICANT HAS PROVIDED PROOF OF 1) THE AUTHORIZATION OF THE PROPERTY OWNER 2) LIABILITY INSURANCE 3) FLAME RESISTANT TENT CERTIFICATION AND 4) PROVISION FOR TRAFFIC AND PARKING MANAGEMENT TO HELP ENSURE THE SAFETY AND WELFARE OF PEDESTRIANS.
8. Case No. 06-049 filed by Mark Kassab for Lenox Park at 40812 W. 13 Mile Road The applicant is requesting a variance to allow the accessory structure in a residentially zoned district and a variance to allow the accessory structure to be placed in a required front yard or in any required exterior side yard. Property is zoned RM-1 and located east of Meadowbrook Road and north of Thirteen Mile Road. NOVI CODE OF ORDINANCES: Section 2503.1.K, states: "the use of any detached accessory building in any Residential, Business or Office District for a use other than the parking and storage of private motor vehicles, tools, recreation equipment or dog houses shall require review and approval by the Zoning Board of Appeals." The applicant’s proposed building requires approval from the Zoning Board of Appeals. IN CASE NO. 06-049 TO APPROVE THE CONSTRUCTION OF AN ACCESSORY MAIL CENTER BUILDING WITHIN A FRONT YARD AND EXTERIOR SIDE YARD. THE APPLICANT HAS SHOWN UNDUE HARDSHIP FOR THE FOLLOWING REASONS 1) FOR EFFICIENT DELIVERY OF THE MAIL DUE TO THE FACT THAT THE U.S. POST OFFICE WILL NOT DELIVER MAIL TO INDIVIDUAL RESIDENTS IN THIS TYPE OF DEVELOPMENT 2) THE SELECTED LOCATION MINIMIZES THE IMPACT ON THE WETLANDS AND THE WOODLANDS LOCATED IN A CONSERVATION EASEMENT AND 3) DUE TO PATH ACCESS, FRONT YARD IS POSITIONED IN THE BACKYARD RELATIVE TO THE BUILDING. NOVI CODE OF ORDINANCES: Section 2503.1 B, states: "an accessory building shall not be erected in any required front yard or in any required exterior side yard." The applicant proposes construction of the mail center building within a front yard and exterior side yard.
9. Case No. 06-050 filed by Autumn Park LLC for Autumn Park III on the NE corner of Beck Road and White Plains Drive Autumn Park LLC is requesting one (1) sign variance to extend the use of a temporary construction sign for Autumn Park III. The sign is located on the NE corner of Beck Road and White Plains Drive. CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (1) states: "Construction identification sign…is valid for a period of twelve months..." The applicant is requesting an extension to allow the existing sign to remain on the property. IN CASE NO. 06-050 TO APPROVE AN EXTENSION OF SIX (6) MONTHS FOR THE EXISTING SALES SIGN UNLESS THE HOMES ARE COMPLETELY SOLD OUT PRIOR TO THAT TIME, GIVEN THAT THE PETITIONER HAS ESTABLISHED THAT LESS THAN 80% OF THE LOTS HAVE BEEN SOLD IN THEIR PHASE THREE DEVELOPMENT AND GIVEN THE PUBLIC SAFETY ISSUE OF BECK ROAD BEING A MAJOR THOROUGHFARE.
10. No. 06-051 filed by Diane Hersey of The Road Commission of Oakland County for Michigan CAT at 24460, 24800 and 25000 Novi Road The applicant is requesting an extension to allow the existing sign to remain on the property. The Road Commission for Oakland County is requesting three (3) sign variances for the property located at 24800 Novi Road, and 25000 Novi Road (Michigan Cat). The property is one parcel of land, 27.11 acres (Sidwell # 50-22-23-351-059) and zoned I-2. Applicant is requesting to: move sign (A) "Michigan CAT" located at 24800 Novi Road eighty (80) feet to the northeast, which will place the sign at the far northern edge of the parking lot in front of the building and a minimum of one (1) foot outside of the right-of-way; move sign (B) "Entrance" located south of the 25000 Novi Road building twenty (20) feet to the east of the existing location which will place the sign just outside of the right-of-way and move sign (C) "Michigan CAT" / "Engine Division" located just north of the 25000 Building sixty (60) feet southeast which will place the sign one (1) foot outside of the future right-of-way. Applicant further requests the support structures on the sign to be replaced, should they not be able to be moved. Property is located north of Ten Mile Road and east of Novi Road. These variance requests are to facilitate the right of way acquisition along Novi Road. NOVI CODE OF ORDINANCES, ARTICLE 28: Section 14 (b), "Non Conforming Signs" states "A nonconforming sign shall not be structurally altered so as to prolong the life of the sign…shall not be expanded or relocated…shall not be reestablished after damage or destruction…" The applicant is requesting (3) sign variances for relocation outside of the right-of-way and to allow the support structures on the signs to be replaced, should they not be able to be moved. IN CASE NO. 06-051 TO APPROVE THE SIGN VARIANCES REQUESTED FOR RELOCATION OUTSIDE OF THE RIGHT-OF-WAY AND TO ALLOW THE SUPPORT STRUCTURES ON THE SIGNS TO BE REPLACED WITHIN THE SAME DIMENSIONS THAT CURRENTLY EXIST SHOULD THEY NOT BE ABLE TO BE MOVED. THE PETITIONER HAS ESTABLISHED THE PRACTICAL DIFFICULTY OF UNDUE HARDSHIP ON THEIR BUSINESS IN THIS CASE DUE TO THE RECONSTRUCTION OF NOVI ROAD, THE REDUCED VISIBILITY AFTER THE RECONSTRUCTION AND THE AMOUNT OF SIGNAGE CURRENTLY PERMITTED WOULD BE MUCH SMALLER THAN WHAT CURRENTLY EXISTS. NOT GRANTING THESE VARIANCES WOULD BE A SUBSTANTIAL DETRIMENT TO THE OVERALL PUBLIC GOOD AS THE ROAD COMMISSION WOULD HAVE DIFFICULTY ACQUIRING THE RIGHT-OF-WAY NECESSARY TO WIDEN NOVI ROAD AND WOULD HAVE TO PAY SUBSTANTIALLY MORE FOR IT, A COST THAT WOULD BE BURDENING THE TAX PAYING PUBLIC. GRANTING THESE VARIANCES WILL NOT IMPAIR THE INTENT OF THE ORDINANCE AS NON-CONFORMITY WOULD NOT BE EXPANDED AND THE CHARACTER OF THE AREA WILL NOT CHANGE, AS THE SIGNAGE WILL SIMPLY BE RELOCATED TO A MORE SUITABLE POSITION.
OTHER MATTERS Discussion of Case No. 06-027 – Sam’s Club Sam’s club requested a change in verbiage from "Customer Loading" to "Member Loading" on their previously approved sign request. 1533 West Lake Drive –Don Saven Homeowner requested to have new mortgage survey officially entered into record for Case No. 05-096.
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