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ZONING BOARD OF APPEALS ACTION SUMMARY Roll call Members Bauer, Fischer, Ghannam, Ibe, Krieger, Sanghvi, Shroyer, and Wrobel Present: Members Bauer, Fischer, Ghannam, Ibe, Shroyer and Wrobel Absent: Members Krieger (excused) and Sanghvi (excused) Also Present: Beth Kudla, City Attorney; Alan Amolsch, Ordinance Officer; Robin A. Working, ZBA Recording Secretary; Charles Boulard, Building Official; Chris Fox, Community Development Department Liaison; Kristen Kapelanski, City Planner Pledge of Allegiance : Member Wrobel Approval of Agenda: Approved Approval of Minutes: July 8, 2008 Public Remarks: No public remarks Unfinished Business 1. Case No. 08-018 filed by Edie Victor of Gardner Signs for Huntington Bank located at 43200 Ten Mile Road – Tabled from May 13, 2008 Gardner Signs Inc. representing Huntington Bank is requesting a thirteen (13) square foot area variance and a one-foot height variance for an 8 x 6 foot multi tenant ground sign measuring forty-eight (48) square feet to be located at 43200 Ten Mile Road for the Huntington Bank and the Vantage Pointe Shopping Center. Property is zoned B-3 and located north of Ten Mile Road and east of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) a 1. i. and Section 28-5 (2) a 2. ii Area Height and placement regulations for ground signs states: "Ground signs shall not exceed one (1) square foot for each two (2) feet of setback from the nearest street center line as required or exceed a height of six (6) feet." CITY OF NOVI, CODE OF ORDINANCES, Section 28-10 a. Prohibited Signs states: "A sign not expressly permitted is prohibited." Petitioner’s Revised Request: Gardner Signs Inc. representing Huntington Bank is requesting a 27 square foot multi tenant ground sign to be located on Novi Road identifying Vantage Pointe and its tenants. Petitioner’s rendering depicts a brick structure measuring 8 x 6 feet in total size. IN CASE NO. 08-018 MOTION TO DENY THE VARIANCE REQUEST FOR A MULTI TENANT SIGN ON THE GROUNDS THAT THE APPLICANT HAS NOT ESTABLISHED A JUSTIFIABLE PRACTICAL DIFFICULTY WARRANTING SUCH A VARIANCE; UNDER THE CURRENT B-3 ZONING, A BUSINESS GROUND SIGN IS ALLOWED PROVIDED THAT SIGN NAMES THE BUSINESS CENTER ONLY AND DOES NOT ALLOW FOR THE INDIVIDUAL BUSINESS TENANTS. Motion Carried: 6-0
2. Case No. 08-029 filed by Amarjit Chawney of Villagewood Place Condominiums LLC for Villagewood Place located at Haggerty Road and Kartar Lane – Tabled from June 10, 2008 – Denied July 8, 208 Amarjit Chawney of Villagewood Place Condominiums LLC is requesting one sign variance for the continued placement of a fifteen square foot real estate marketing sign measuring six feet in height for Villagewood Place. The property is zoned RM-1 and is located on Kartar Lane west of Haggerty Road between Nine and Ten Mile Roads. Sign variance originally approved in ZBA04-092 for one year, extended for one year in ZBA05-107 and extended once again in ZBA07-007 for one year. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (3) Temporary Signs states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the residential property (other than multiple family apartment complexes) upon which the sign is located are limited to six (6) square feet in area and five (5) feet in height." Reconsideration Request: Amarjit Chawney of Villagewood Place Condominiums LLC is requesting the Board reconsider the denial of the variance request in ZBA08-029. ROBERT’S RULES OF ORDER Newly Revised 10th Edition Article IX Section 37 Reconsider states: "…enables a majority in an assembly, within a limited time and without notice to bring back for further consideration a motion which has already been voted on. The purpose of reconsidering a vote is to permit correction of hasty, ill-advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of the vote." IN CASE NO. 08-029, THE BOARD RECONSIDERS THE DENIAL OF CASE 08-029 GIVEN ADDITIONAL INFORMATION HAS BEEN PROVIDED PERTAINING TO THE CIRCUMSTANCES REGARDING THAT VOTE. Motion Carried: Fischer
3. Case No. 08-031 filed by Mark Johnson of Cornell Sign Company, Inc. for Allstate Billiards, Patio and Hot Tubs located at 26159 Novi Road – Tabled from July 8, 2008 Cornell Sign Company representing Allstate Billiards is requesting 3 wall sign variances for Allstate Billiards-Patio-Hot Tubs located at 26159 Novi Road. Applicant is requesting three illuminated 60 square foot wall signs measuring 10 x 6 to be placed on the north, south and east elevations of the tower of the business building. Property is zoned TC and is located west of Novi Road and north of Grand River Avenue. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) Number of on-premises advertising signs permitted states: "No building of parcel of land shall be allowed more than one (1) sign permitted under this section." Petitioner’s Revised Request: Cornell Sign Company representing Allstate Billiards is requesting 2 wall sign variances for Allstate Billiards-Patio-Hot Tubs located at 26159 Novi Road. Petitioner is requesting one 48 square foot illuminated wall sign for the north elevation of the tower and one 48 square foot illuminated wall sign for the south elevation of the tower. Petitioner has also indicated they are willing to remove the ground sign from this property. IN CASE NO. 08-031 TO APPROVE A VARIANCE TO ALLOW (2) FORTY EIGHT SQUARE FOOT SIGNS TO BE LOCATED AS ILLUSTRATED ON THE NORTH AND SOUTH ELEVATIONS OF THE TOWER WITH THE CONDITION THAT THE MONUMENT SIGN BE REMOVED. THIS MOTION IS BASED ON FACTS THAT THE VARIANCE WILL PROVIDE SUBSTANTIAL JUSTICE TO THE PETITIONER; THAT THERE ARE UNIQUE CIRCUMSTANCES OF THE PROPERTY SPECIFICALLY A PRE EXISTING TOWER IDEAL FOR SIGN PLACEMENT; THE PROBLEM IS NOT SELF CREATED; ADEQUATE LIGHT AND AIR IS PROVIDED TO ADJACENT PROPERTIES; THERE IS NO INCREASE OF FIRE DANGER OR PUBLIC SAFETY; THE PROPERTY VALUES WILL NOT BE DIMINISHED IN THE SURROUNDING AREA AND THE SPIRIT OF THE ZONING ORDINANCE IS OBVIOUSLY OBSERVED. Motion Carried: 6-0
4. Case No. 08-035 filed by Larry Kelly & Greg Hudas of Signature Associates for 45145 Twelve Mile Road – Husky Injection – Tabled from July 8, 2008 Larry Kelly & Greg Hudas of Signature Associates are requesting a 40 square foot area variance and a one foot height variance for a fifty-six square foot oversized real estate leasing sign to be placed at 45145 12 Mile Road. Property is zoned OST and is located south of Twelve Mile Road and west of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (4) Temporary Signs states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the non-residential property upon which the sign is located shall be sixteen square feet in area and only ten feet in height." IN CASE NO. 08-035 THE BOARD DENIES THE PETITIONER’S REQUEST AS STATED DUE TO A LACK OF PRACTICAL DIFFICULTY NOT BEING SHOWN BY THE PETITIONER IN NOT BEING PRESENT FOR THE HEARING. Motion Carried: 6-0
New Business 1. Case No. 08-030 filed by Rob Miller of Gardner Signs for Flagstar Bank located at 39900 Eight Mile Road Rob Miller of Gardner Signs Inc. representing Flagstar Bank is requesting one variance for a twenty-five square foot ground sign with LED message display and one variance for a 40 square foot illuminated wall sign for the west elevation of Flagstar Bank to be located at 39900 Eight Mile Road. Petitioner is permitted 21.5 square feet of wall signage based on the setback from the centerline of Orchard Hill Road. Petitioner also has an approved wall sign for this business. Property is zoned OSC and is located north of Eight Mile Road and west of Haggerty Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-10 (a) Prohibited Signs states: "A sign not expressly permitted is prohibited." CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) Number of on-premises advertising signs permitted states: "No building of parcel of land shall be allowed more than one (1) sign permitted under this section..." CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) b. 1 (a) (i) b Area height and placement guidelines states: "A wall sign displayed on a building occupied by one (1) business shall not exceed one (1) square foot of signage for each three (3) feet of setback from the centerline of the nearest adjacent thoroughfare or collector street." IN CASE NO. 08-030 GRANT THE VARIANCE WITH SOME MODIFICATIONS. (1) THERE WILL BE NO LED SIGN ON THE PREMISES; (2) THE PETITIONER WILL BE GRANTED A MONUMENT SIGN MEASURING IN AREA AND HEIGHT IN ACCORDANCE WITH CITY ORDINANCES. (3) THERE WILL BE NO WALL SIGN GRANTED AS THE PETITIONER HAS AGREED TO WITHDRAW THAT PARTICULAR REQUEST. THE APPROVED SIGN IS CONSISTENT WITH BUSINESSES IN THE AREA AND WITH THE SPIRIT OF THE ZONING ORDINANCE. THE PROPERTY VALUES IN THE AREA WILL NOT BE DIMINISHED. THERE WILL BE NO INCREASE OF FIRE DANGER AND PUBLIC SAFETY. THERE WILL BE ADEQUATE LIGHT AND AIR TO ADJACENT PROPERTIES. THERE ARE UNIQUE CIRCUMSTANCES OF THE PROPERTY, INCLUDING THE SETBACKS AS REQUIRED BY ORDINANCE AS WELL AS THE BERM AND THE TRESS THAT THE PETITIONER HAS INDICATED HAVE BEEN PLANTED TO BUILD THE PREMISES. THIS VARIANCE WILL DO SUBSTANTIAL JUSTICE PETITIONER AND TO THE SURROUNDING AREAS. IF THE BOARD DOES NOT GRANT THE VARIANCE IT WOULD UNREASONABLY PREVENT THE USE OF THE PROPERTY FOR THE PERMITTED PURPOSE. Motion Carried: 5-1(Yes: Fischer, Ghannam, Ibe, Shroyer, Wrobel; No:
Bauer)
2. Case No. 08-037 filed by William R. Lutz, III of Sign Graphix for Cooper Standard located at 39550 Orchard Hill Place William Lutz of Sign Graphix representing Cooper Standard is requesting one six (6) square foot non illuminated wall sign for the south elevation of the Cooper Standard Office building located at 39550 Orchard Hill Place. This business has an approved ground sign in ZBA07-042. Property is zoned OSC and is located north of Eight Mile Road and west of Haggerty Road. 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 permitted." IN CASE NO. 08-037 DENY THE PETITIONER’S REQUEST GIVEN THAT NO PRACTICAL DIFFICULTY HAS BEEN ESTABLISHED REGARDING THE CIRCUMSTANCES BEING EXCEPTIONAL OR UNIQUE TO THE PROPERTY. IT HAS NOT BEEN ESTABLISHED THAT THE IDENTIFICATION OF THE ENTRANCE CANNOT BE TAKEN CARE OF WITHIN THE ORDINANCE VIA GROUND SIGNS OR SIGNS IN THE DOOR. THE VARIANCE REQUESTED WOULD BE EXCESSIVE GIVEN THE FACT THAT THE NAME OF THE BUSINESS, THE LOGO WOULD ALL BE INCLUDED AS OPPOSED TO JUST "ENTRANCE" WHICH WAS LISTED AS THE PRACTICAL DIFFICULTY FOR THE VARIANCE REQUEST. Motion Carried: 6-0
3. Case No. 08-038 filed by Bill Lutz of Sign Graphix, Inc. for HINO Trucks located at 41180 Bridge Street Bill Lutz of Sign Graphix representing HINO Trucks is requesting one seventy-five (75) square foot illuminated wall sign for the north elevation of the HINO Truck Office building located at 41180 Bridge Street. Property is zoned I-1 and is located north of Eleven Mile Road and east of Meadowbrook Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) b. 1. (a) (i) b. Area height and placement regulations states: "A wall sign displayed on a building occupied by one (1) business shall not exceed one (1) square foot of signage for each three (3) feet of setback from the centerline of the nearest adjacent thoroughfare or collector street as defined in the master plan. IN CASE NO. 08-038 TABLE THE CASE UNTIL THE NEXT MUTUALLY AGREEABLE HEARING DATE. Motion Carried: 5-1 (Yes: Bauer, Ghannam, Ibe, Shroyer, Wrobel; No:
Fischer)
4. Case No. 08-039 filed by Matt Quinn of Gabe, Quinn & Seymour for Alan Rushforth of 22705 & 22655 Heslip Drive, Parcel 22-26-326-016 Matt Quinn representing Alan Rushforth is requesting an exception to the City of Novi, Code of Ordinance Article 24, Schedule of Regulations which requires a minimum 10 foot side yard setback in an I-1 zoning district to facilitate the proposed land division for parcel 22-26-326-016. Property is zoned I-1 and is located north of Nine Mile Road and west of Heslip Drive. REQUIRED INTERIOR SIDE YARD SETBACK 10 FEET CITY OF NOVI, CODE OF ORDINANCES, Section 3104 c. Jurisdiction, Exceptions and Special Approvals states: The Zoning Board of Appeals has the power to grant exceptions which shall be subject to such conditions as the Board may require to preserve and promote the character of the zoning district In question. CITY OF NOVI, CODE OF ORDINANCES, ARTICLE 24, Schedule of Regulations requires a minimum 10 foot side yard setback in an I-1 zoning district. IN CASE NO. 08-039 GRANT THE ALLOWANCE OF A ZERO FOOT INTERIOR SIDE YARD SETBACK BASED ON SECTION 2906 AND SECTION 3104 OF THE ZONING ORDINANCE DUE TO THE JUSTIFICATION THAT THE SPIRIT OF THE ZONING ORDINANCE IS OBSERVED, HEALTH SAFETY AND WELFARE IS SECURED AND SUBSTANTIAL JUSTICE IS DONE. APPROVAL WILL NOT IMPAIR AN ADEQUATE SUPPLY OF LIGHT AND AIR TO ADJACENT PROPERTY; UNREASONABLY INCREASE THE CONGESTION IN PUBLIC STREETS; INCREASE THE DANGER OF FIRE OR ENDANGER THE PUBLIC SAFETY. UNREASONABLY DIMINISH OR IMPAIR ESTABLISHED PROPERTY VALUES WITHIN THE SURROUNDING AREA. GRANTING THE EXCEPTION WILL NOT IMPAIR THE PUBLIC HEALTH SAFETY, COMFORT, MORALS OR WELFARE OF THE INHABITANTS OF THE CITY OF NOVI. THESE CONDITIONS ARE NOT INCREASED BECAUSE THEY ARE EXISTING BUILDINGS THAT HAVE BEEN THERE FOR TWENTY YEARS AND THE FACT THEY HAVE BEEN EXISTING SHOWS THAT NONE OF THE THESE STANDARDS ARE AFFECTING THE CIRCUMSTANCES. Motion Carried: 6-0
5. Case No. 08-040 filed by Affiliated Investors, LLC for Premier Medical located at 44000 W. Twelve Mile Road Paragon Property Management Services, Inc. representing Premier Medical is requesting a variance to the required number of off-street parking spaces to allow the placement of a mobile medical unit in the parking lot near the northeast corner of the building for Premier Medical located at 44000 West Ten Mile Road. Petitioner is requesting 200 parking spaces in lieu of the 203 parking spaces required by ordinance. Property is zoned OS-1 and is located north of Twelve Mile Road and west of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 2505 14. d. (3) Off-Street Parking Requirements states: The minimum of off-street parking spaces for professional office of doctors shall be one (1) parking space per one hundred seventy-five (175) square feet of gross leasable area. IN CASE NO. 08-040 GRANT THE PARKING VARIANCE AS REQUESTED; GRANTING THE VARIANCE WILL NOT UNREASONABLY PREVENT THE USE OF THE PROPERTY FOR THE PERMITTED PURPOSE. THE VARIANCE WILL PROVIDE SUBSTANTIAL JUSTICE TO THE PETITIONER AND THE SURROUNDING PROPERTY OWNERS IN THE DISTRICT. THERE ARE UNIQUE CIRCUMSTANCES REGARDING THE PROPERTY IN THAT THEY ARE GOING TO HAVE MEDICAL IMAGING EQUIPMENT, BECAUSE THERE IS NOT A SUFFICIENT NEED AT THIS POINT FOR FULL USE OF IMAGING EQUIPMENT IN THE BUILDING THAT A TEMPORARY MOBILE UNIT IS SUFFICIENT FOR THEIR NEEDS. THE PROBLEM IS NOT SELF CREATED AND ADEQUATE LIGHT AND AIR IS PROVIDED TO ADJACENT PROPERTIES. THERE WILL NOT BE ANY INCREASE IN FIRE DANGER OR PUBLIC SAFETY. THERE WILL NOT BE AN ISSUE WITH DIMINISHING PROPERTY VALUES IN THE SURROUNDING AREA. THE SPIRIT OF THE ZONING ORDINANCE WILL BE OBSERVED. A MINIMAL PARKING VARIANCE REQUEST IS NOT UNREASONABLE. THE SITE ACTUALLY HAS 206 PARKING SPACES; THE PLACEMENT OF THE MOBILE UNIT REDUCES THE PARKING BY THREE SPACES BELOW THE REQUIRED NUMBER. THIS VARIANCE IS CONDITIONED ON THE PLACEMENT OF THE MOBILE UNIT ON THE PAD WHICH WAS BUILT AND EXISTS CURRENTLY ON THAT SITE. Motion Carried: 6-0
6. Case No. 08-041 filed by Michael J. Harris of Novi Feed & Supply located at 43963 Grand River Avenue Michael Harris of Novi Feed and Supply is requesting a use variance to allow the continued storage of vehicles and operation of a U-Haul Rental franchise located at 43963 Grand River Avenue – Novi Feed & Supply. Property is zoned TC-1 and is located south of Grand River Avenue and west of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 1601 Principal Uses Permitted states: "In the TC and TC-1 Town Center Districts, no building or land shall be used and no building shall be erected which is not consistent with the principal uses permitted in the B-1 and B-2 districts." IN CASE NO. 08-041 GRANT THE ALLOWANCE TO CONTINUE STORAGE OF U-HAUL VEHICLES AND THE OPERATION OF A U-HAUL RENTAL FRANCHISE AS OUTLINED. WE HAVE A BUSINESS THAT HAS A UNIQUE PROPERTY THAT HAS CHANGED OVER THE PAST 100 YEARS. IT’S CHANGED DUE TO CHANGES IN THE AGRICULTURAL INDUSTRY, TRAIN SCHEDULES, FREQUENCY AND UTILIZATION HAS ALSO CHANGED DRAMATICALLY OVER THE YEARS. THIS APPLICANT HAS FOUND A BUSINESS THAT IS WELL SUITED FOR HIS PROPERTY. IT IS NOT OBTRUSIVE TO NEIGHBORING PROPERTIES AND THE CITY HAS ALLOWED IT TO FUNCTION SINCE 2006. MOST OTHER APPROVABLE BUSINESSES WOULD NOT OR COULD NOT SURVIVE DUE TO THE TUCKED IN LOCATION, VERY POOR VISIBILITY FROM GRAND RIVER AND THE REQUIREMENT OF THE CSX RAILROAD TO HAVE ACCESS TO FILL PROPANE TANKS AND SERVICE THEIR TRACKS. THIS VARIANCE IS CONDITIONED UPON REMOVING ALL ADVERTISING FROM THE WINDOWS OF THE TRUCKS AND THE PARKING OF THE TRUCKS OUT OF THE LINE OF SIGHT FROM GRAND RIVER AVENUE. THE VARIANCE IS TO RUN CONCURRENT WITH THE PROPERTY LEASE AGREEMENT WITH CSX. Motion Carried: 6-0
7. Case No. 08-042 filed by DAP Investments for Mercantile Marketplace located on the west side of Novi Road where the current Novi Big Boy is located – 26401 Novi Road DAP Investments is requesting a variance to the requirement that loading and unloading be located in the rear yard in a TC-1 district. Applicant is providing for loading and unloading in the exterior side yard of the proposed three tenant development of Mercantile Marketplace to be located where Novi Big Boy is currently located at 26401 Novi Road. Property is zoned TC-1 and is located west of Novi Road and north of Fonda Drive. CITY OF NOVI, CODE OF ORDINANCES, Section 2507 2. Off-street Loading and Unloading states: "loading, unloading space shall be provided in the rear yard at a ratio of ten (10) square feet for each front foot of building." IN CASE NO. 08-042 GRANT THE VARIANCE AS REQUESTED DUE TO THE UNIQUE CONFIGURATION OF THIS PROPERTY THERE IS NO REAR YARD AS DEFINED BY THE ZONING ORDINANCE THEREFORE IT WOULD BE IMPOSSIBLE TO PLACE SAID LOADING ZONE IN A REAR YARD. THE PETITIONER HAS DONE THEIR BEST TO PLACE THE PROPOSED LOADING ZONE AND UNLOADING AREA AS FAR FROM THE MAJOR THOROUGHFARES AS POSSIBLE AND OUT OF THE SIGHT AS MANY VISITORS AS POSSIBLE. Motion Carried: 5-0
8. Case No. 08-043 filed by Joseph F. Kosik Jr. of JFK Investment Company LLC for 26200 Town Center Drive/Autodesk Joseph Kosik Jr. of JFK Investment is requesting two sign variances for the placement of one 54 square foot illuminated wall sign for the north elevation of the Autodesk building located at 26200 Town Center Drive and one 28 square foot illuminated multi tenant ground sign for the Lakepointe Office Center to be located at the west entrance to the office center off of Town Center Drive. Property is zoned OSC and is located north of Eleven Mile Road and east of Town Center Drive. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) Number of on-premises signs permitted states: "No building or parcel of land shall be allowed more than one (1) sign…" IN CASE NO. 08-043 GRANT THE VARIANCE AS REQUESTED GIVEN THE SETBACK OF THE BUILDING FROM ANY THOROUGHFARE INCLUDING I-96 AND TOWN CENTER DRIVE UNREASONABLY PREVENTS IDENTIFICATION OF THE BUILDING. THESE VARIANCES WILL PROVIDE SUBSTANTIAL JUSTICE TO THE PETITIONER AS WELL AS SURROUNDING PROPERTY OWNERS. THERE WILL BE INCREASE IN PUBLIC SAFETY DUE TO PROPER IDENTIFICATION OF THE BUILDING AND THE SPIRIT OF THE ZONING ORDINANCE WILL BE OBSERVED. THERE ARE UNIQUE CIRCUMSTANCES OF THE BUILDING SIZE AND FOOTPRINT AND THE UNIQUE "L" SHAPE CURVATURE OF THE BUILDING. Motion Carried: 6-0
9. Case No. 08-044 filed by Gary M. Kade of Affordable Spaces, Inc. for 24278 Roma Ridge Gary M. Kade representing Affordable Spaces, Inc. is requesting one five (5) foot rear yard setback variance for the construction of a proposed sunroom addition to the rear of the home located at 24278 Roma Ridge Drive. Property is zoned R-4 and is located north of Ten Mile Road and east of Beck Road. CITY OF NOVI, CODE OF ORDINANCES, Article 24 Section 2400 Schedule of Regulations requires a thirty-five foot rear yard setback in an R-4 zoning district. Required Rear Yard Setback 35 Feet IN CASE NO. 08-044 APPROVE THE FIVE YARD REAR YARD SETBACK. THE SIZE OF THE PROPOSED SUN ROOM DOES NOT EXCEED THE FOOTPRINT OF AN ALREADY EXISTING DECK. THE LOCATION OF THE ADDITION INCORPORATES AN EXISTING REAR DOOR OF THE HOME AND IS THE MOST ECONOMICAL AND PRACTICAL LOCATION TO PLACE THE ADDITION. A LEGAL ALTERNATIVE MAY NOT EXIST WHICH MAY PROVIDE SUBSTANTIAL JUSTICE TO THE PETITIONER AND SURROUNDING PROPERTY OWNERS. Motion Carried: 6-0
10. Case No. 08-045 filed by Charles K. Alawan of Pheasant Run Plaza Inc. for five tenants of Pheasant Run Plaza located at 39877, 39863, 39853, 39843, 31, 21 and 39783 Grand River Avenue Charles K. Alawan representing five tenants in Pheasant Run Plaza is requesting five sign variances for the placement of additional wall signage on the north elevation of the plaza facing Grand River Avenue. Petitioner is requesting one 32 square foot illuminated wall sign for Gina Agosta Salon located at 39831 Grand River Avenue; one 20 square foot illuminated wall sign for Agosta For Men located at 39853 Grand River Avenue; one 20 square foot illuminated wall sign for Oxford Tailor located at 39863 Grand River Avenue; one 32 square foot illuminated wall sign for Smokers Merchant located at 39877 Grand River Avenue and one 32 square foot illuminated wall sign for Pheasant Run Cleaners located at 39787 Grand River Avenue. Each tenant has an approved east elevation wall sign and the Plaza has an approved Business Center Sign on Grand River Avenue. Property is zoned B-3 and is located south of Grand River and west of Haggerty Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) f. Number of on premises advertising 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 entitled to a single identification wall sign…" CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) b. 3. Wall Sign Placement states: "where more than one separately owned and operated business occupies a building or parcel of land, those wall signs permitted for individual businesses shall be located on the same side of the building as the exterior wall abutting the business space, and within the lineal frontage of the respective business." IN CASE NO. 08-45 THE BOARD MOVED TO TABLE THE CASE TO THE SEPTEMBER 9, 2008 HEARING DATE AT THE REQUEST OF THE PETITIONER. Motion Carried: 6-0
11. Case No. 08-046 filed by DAP Investments for the proposed tenants Chipotle located 26395 Novi Road, Casual Male located at 26385 Novi Road, & Vitamin Shoppe located at 26375 Novi Road in the proposed Mercantile Marketplace DAP Investments representing the proposed Mercantile Marketplace is requesting 3 wall sign variances for the east elevation of the proposed building. Petitioner is asking for one 34.5 square foot illuminated wall sign for the proposed Chipotle restaurant to be located at 26395 Novi Road; one 46 square foot illuminated wall sign for the proposed Casual Male retail store to be located at 26385 Novi Road and one 52.5 square foot illuminated wall sign for the proposed Vitamin Shoppe retail store to be located at 26375 Novi Road. Each proposed tenant has an approved west elevation wall sign. Property is zoned TC and is located north of Grand River Avenue and west of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) F. Number of on-premises advertising 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…" CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) b. 3. Wall Sign Placement states: "…where more than one separately owned and operated business occupies a building or parcel of land, those wall signs permitted for individual businesses shall be located on the same side of the building as the exterior wall abutting the business space, and within the lineal frontage of the respective business." IN CASE NO. 08-046 GRANT THE VARIANCES AS REQUESTED DUE TO THE UNIQUE CIRCUMSTANCES OF THE PROPERTY HAVING NO REAR YARD AS DEFINED BY THE ZONING ORDINANCE. FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AND WILL RESULT IN SUBSTANTIALLY MORE THAN A MERE INCONVENIENCE OR INABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN. THE GRANT OF RELIEF WILL NOT RESULT IN A USE OF A STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERE WITH ADJACENT OR SURROUNDING PROPERTIES; WILL RESULT IN SUBSTANTIAL JUSTICE BEING DONE TO BOTH THE APPLICANT AND ADJACENT OF SURROUNDING PROPERTIES AND IS NOT INCONSISTENT WITH SPIRIT OF THE ORDINANCE. Motion Carried: 6-0
12. Case No. 08-047 filed by Dave Nona of Triangle Main Street, LLC for Main Street Phase II Dave Nona of Triangle Main Street is requesting four variances for the ongoing development of the Main Street corridor in Novi. Petitioner is requesting: 1) to allow a surface parking lot area to be located in the front yard of a non-residential collector street; 2) a reduction in the required loading and unloading space in the rear yard: REQUIRED LOADING/UNLOADING SPACE 1,200 SQUARE FEET PROPOSED SPACE 281 SQUARE FEET VARIANCE REQUESTED 919 SQUARE FEET In addition Petitioner is requesting: 3) to locate a dumpster in the front yard of building 400 as well as 4) a 3 foot setback variance to allow the dumpster enclosure to be located 17 feet from the property line. Property is zoned TC-1 and is located south of Grand River Avenue and east of Novi Road. CITY OF NOVI, CODE OF ORDINANCES, Section 1602 5. Parking Setbacks states in a TC-1 District there shall be no front yard or side yard parking on any non-residential collector. CITY OF NOVI, CODE OF ORDINANCES, Section 2507 2.Off-street Loading and Unloading states within the TC-1 District, loading, unloading space shall be provided in the rear yard at a ratio of ten (10) square feet for each front foot of building. CITY OF NOVI, CODE OF ORDINANCES, Section 2503 2. F. 1. & 4. Accessory Structures states: "Except where otherwise permitted and regulated in this ordinance, refuse bins and their screening enclosures shall be located in the rear yard. No refuse bin screening enclosure shall be located closer to the property line than the minimum parking lot setback." IN CASE NO. 08-047 APPROVE ALLOWING 1) A SURFACE PARKING LOT AREA TO BE LOCATED IN THE FRONT YARD OF A NON RESIDENTIAL COLLECTOR STREET, 2) A REDUCTION OF 919 SQUARE FEET IN A REQUIRED LOADING AND UNLOADING ZONE IN THE REAR YARD, 3) LOCATING A DUMPSTER IN THE FRONT YARD OF BUILDING 400 AS WELL AS 4) A THREE FOOT SETBACK VARIANCE TO ALLOW THE DUMPSTER ENCLOSURE TO BE LOCATED SEVENTEEN FEET FROM THE PROPERTY LINE. THESE VARIANCES ARE BASED UPON PROVIDING SUBSTANTIAL JUSTICE TO THE PETITIONER AND SURROUNDING PROPERTY OWNERS IN THE ZONING DISTRICT; THE UNIQUE CIRCUMSTANCES OF THE PROPERTY AND THE FACT THAT ALL OF THESE CHANGES LIE WITHIN THE SPIRIT OF THE ZONING ORDINANCE. Motion Carried: 5-0 (Yes: Bauer, Fischer, Ghannam, Ibe, Shroyer; Recused:
Wrobel)
OTHER MATTERS Rules of Procedure: City Attorney Beth Kudla stated she would have the amended document available to the Board in time for the next packet distribution. Meeting Adjourned 12:05 am NOTICE: People with disabilities needing accommodations for effective participation in this meeting should contact the Community Development Department (248) 347-0415 at least seven working days in advance of the meeting. An attempt will be made to make reasonable accommodations.
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