Roll call Members Bauer, Canup, Fischer, Krieger, Sanghvi, Shroyer and Wrobel

1. Please turn off pagers and cell phones during the meeting.
2. Applicant/Representative will be asked to come forth, state their name and address and be sworn in by the Secretary.
3. Applicants/Representatives will be allowed five (5) minutes to address the Board and present their case. An extension of time may be granted at the discretion of the Chairperson.
4. Anyone in the audience who wishes to address the Board regarding the current case will be asked by the Chairperson to raise their hands to be recognized.
5. Once recognized, audience members addressing the Board will be sworn in and given three (3) minutes to speak as an individual or ten (10) minutes to speak if representing a group.
6. Members of the audience will be allowed to address the Board once unless directly questioned by a Board member or the Chairperson.
7. The Secretary will read the number of public hearing notices mailed pertaining to the current case. Objection and approval responses will be entered into the record at this time.
8. The Chairperson will ask for input from the Community Development Department Liaison, the Ordinance Enforcement Officer, the Planning Department and the City Attorney.
9. The Chairperson will turn the case over to the Board for discussion, clarification and entertain a motion when appropriate.
10. Impromptu statements from the audience during discussion by the Board will be considered out-of-order.
11. A roll call vote will be taken to approve or deny the motion on the table and the next case will be called.

Applicant is requesting one sign variance for a 45-inch x 60-inch real estate sign erected without a permit and located on the north side of Eight Mile Road east of Barola Drive for the Tuscany Reserve Development. Applicant is also requesting two more sign variances for the placement of the same real estate sign to be located on the north side of Eight Mile Road west of Barola Drive as well as placement farther west on the north side of Eight Mile Road east of Garfield Road. The property is zoned R-A and located north of Eight Mile Road and west of Beck Road.

CITY OF NOVI CODE OF ORDINANCES Section 28-10 (a) Prohibited Signs states: "A sign not expressly permitted is prohibited."

IN CASE NO. 07-048 MOVE TO APPROVE THE TWO SIGNS: ONE EASTBOUND, ONE WESTBOUND WHERE INDICATED ON THE PROPOSED MAP THAT WAS PROVIDED, 50% OF THE INDICATED SIZE OF THE SIGNS WITH THE REMOVAL OF THE WORDS NEW HOMES AND A LIMITATION OF THEM BEING MAINTAINED AND INSTALLED UP TO 75% CAPACITY SELLING OF THE LOTS, NOT BUILDING OF THE HOMES, BUT SELLING OF THE LOTS FOR HOMES TO BE BUILT OR A MAXIMUM OF TWO YEARS AT WHICH TIME YOU CAN COME BACK AND SEE THE BOARD IF YOU ARE NOT AT THAT CAPACITY DUE TO THE PRACTICAL DIFFICULTIES AS MENTIONED BY THE APPLICANT AND THE FACTS THAT WE DO HAVE REGULATED WOODLANDS ALONG THE ENTIRE FRONTAGE OF THE PROPERTY.

Motion Carried: 5-2 (Yes: Fischer, Krieger, Shroyer, Sanghvi, Wrobel; No: Bauer, Canup)

Motion Maker: Shroyer

Patty Loose of Sign Fabricators is requesting one 21.2 square foot sign variance and one 2-foot height sign variance for the placement of an 8-foot x 6-foot 4-inch ground sign for Andiamo Second City to be located at 42705 Grand River Avenue. The requested sign will replace a previously approved ground sign in ZBA97-111. Property is zoned TC-1 and located east of Novi Road and south of Grand River Avenue.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(2) a. 1. Area height and placement regulations states: Ground Sign: "…ground signs shall not exceed a maximum thirty (30) square feet…"

IN CASE NO 07-050 TO DENY THE REQUEST AS STATED DUE TO A DEMONSTRATED LACK OF PRACTICAL DIFFICULTY WHERE THE BOARD FOUND NO SPECIAL CIRCUMSTANCES WITH THIS PROPERTY WHICH REQUIRES THE SIZE OF THIS SIGN AND THE PETITIONER DID NOT MEET THAT BURDEN NOR DID THEY MEET THE BURDEN THAT NOT ALLOWING A SIGN OF THIS SIZE WOULD RESULT IN SUBSTANTIAL JUSTICE TO THE PETITIONER AS WELL AS TO SURROUNDING AREAS.

Motion Carried: 6-1 (Yes: Bauer, Canup, Fischer, Krieger, Shroyer, Wrobel; No: Sanghvi)

Motion Maker: Canup

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5(2) a. 2. ii Area height and placement regulations states: "All other ground signs shall not exceed a height of six (6) feet."

Applicant is requesting one ground sign variances for the new Providence Park Campus located at 47601 Grand River Avenue. Applicant requests one square foot illuminated ground sign to be located at the Beck Road Grand River intersection indicating the main entrance to the campus. Property is zoned OSC and located on the west side of Beck Road and south of Grand River Avenue.

CITY OF NOVI CODE OF ORDINANCES Section 28-5 (2) a. 1. i. and 28-5 (2) a. 2. ii Area height and placement regulations states: "…ground signs shall not exceed a maximum thirty (30) square feet… not exceed a height of six (6) feet".

CITY OF NOVI CODE OF ORDINANCES Section 28-5 (3) Number of on-premises advertising signs permitted states; "No building or parcel of land shall be allowed more than one (1) sign."

Applicant is requesting two wall sign variances for the new Potbelly restaurant to be located at 43350 Grand River in the Novi Town Center. Applicant requests two 82.5 square foot illuminated wall signs to be located on the north and south elevations of the building indicating the Potbelly logo. Property is zoned TC and located north of Grand River east of Novi Road.

CITY OF NOVI CODE OF ORDINANCES Section 28-5 (2) b. 1. (a) (i) a. Area height and placement states: "A business having a first floor pedestrian entrance shall be allowed one and one-fourth (1 1/4/) square feet of signage per linear foot of contiguous public or private street frontage up to a maximum of sixty-five (65) square feet."

CITY OF NOVI CODE OF ORDINANCES Section 28-5 (3) Number of signs permitted states "No building or parcel of land shall be allowed more than one (1) sign."

CITY OF NOVI CODE OF ORDINANCES Section 28-5 (3) f. Number of 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 is entitled to a single identification wall sign."

IN CASE NO. 07-068 TO DENY THE REQUEST FOR TWO WALL SIGN VARIANCES MEASURING 82.5 SQUARE FEET DUE TO THE PETITIONER NOT ESTABLISHING THAT THE SMALLER 65 SQUARE FOOT SIGNS WOULD PREVENT THE BUSINESS FROM SOMEHOW BEING IDENTIFIED.

GRANT THE REQUEST FOR A 2ND SIGN ON THE NORTH ELEVATION OR SOUTH ELEVATION OF THE BUILDING NOT TO EXCEED 65 SQUARE FEET AS STIPULATED AND MEASURED BY THE ORDINANCE.

Motion Carried: 7-0

Motion Maker: Canup

Applicant is requesting the consideration of a delayed administrative appeal of a determination by the Deputy Director of Community Development stating the use of the former Novi Expo Center as a trade center/market does not fall within the uses allowed in an EXPO district. Applicant is further requesting a use variance from the strict application of the provisions of Article 10 EXO Exposition Overlay District of the Novi Zoning Ordinance. Property is zoned EXPO and located west of Novi Road and south of I-96.

CITY OF NOVI ZONING BOARD OF APPEALS Rules of Procedure, Article IX Amendments and Appeals to the Board, Section 9.1, Appeals to the Board, states: "Any applicant shall have the right to an appeal to the board no later than thirty (30) days from the administrative action, which is the subject of the appeal. If the right to appeal expires, an Applicant may seek leave to bring a delayed appeal based upon clear and convincing demonstration of good cause for the delayed appeal. The Board shall vote upon whether or not to consider the delayed appeal prior to consideration of the merits of the petition.

CITY OF NOVI CODE OF ORDINANCES Section 3104 1. a., Administrative Review, states: "The Zoning Board of Appeals shall…hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Building official or any other administrative official in carrying out or enforcing provisions of this Ordinance."

CITY OF NOVI CODE OF ORDINANCES Section 3104 1. b. , Jurisdiction, states: "The Zoning Board of Appeals shall have the power to authorize, upon appeal a variance from the strict application of the provisions of this Ordinance where by …the strict application of the regulations enacted would result in peculiar or exceptional difficulties to or exceptional undue hardship upon the owner of such property provided such relief may be granted without substantially impairing the intent and purpose of the Ordinance."

REQUIRED PARKING SPACES 40 spaces
PROPOSED PARKING SPACES 35 spaces
VARIANCE REQUESTED 5 spaces

IN CASE NO. 07-074 GRANT THE VARIANCE AS REQUESTED DUE TO THE LIMITED USE OF THE PARKING REQUIRED BY PATIENTS REQUIRING THE TYPE OF MEDICAL USE IN THIS BUILDING. APPLICANT HAS SATISFIED THE CITY’S CONCERNS REGARDING THE VARIANCE REQUEST. THIS VARIANCE APPLIES TO THE SITE ONLY WHILE THE OAKLAND ORAL SURGEONS AND ASSOCIATES TENANT OCCUPIES THE SITE, AND WOULD NOT APPLY TO ANOTHER MEDICAL OFFICE USE AND THE REMAINDER OF THE TENANT SPACES ON THE SITE BE USED FOR GENERAL OFFICE USES ONLY.

Motion Carried: 7-0

Motion Maker: Canup