Roll call Members Bauer, Cassic, Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Wrobel

Present: Member Bauer, Cassis, Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Wrobel

Absent: NONE

Pledge of Allegiance Member Bauer

Approval of Agenda: Approved

Approval of Minutes: NONE

Public Remarks: NONE

The petitioner is requesting a renewal for the continued placement of a temporary construction/sales trailer located at 46050 Twelve Mile Road for Novi Corporate Park from November 10, 2009 through November 10, 2011. Petitioner received a Temporary Use Permit in TUP05-030, TUP06-020 and was granted continued approval under ZBA07-065. The property is zoned I-1 and located east of West Park Drive and north of Twelve Mile Road.

Section 28-5 (3) states: "Number of on-premises advertising signs permitted: No building or parcel of land shall be allowed more than one (1) sign permitted under this section…."

IN CASE NO. 09-048 MOTION TO APPROVE THE PETITIONER’S REQUEST HAS SUBMITTED. THE REQUEST IS BASED UPON CIRCUMSTANCES OF FEATURES THAT ARE EXCEPTIONAL AND UNIQUE TO THE PROPERTY AND DO NOT RESULT FROM CONDITIONS THAT EXIST GENERALLY IN THE CITY OR THAT ARE SELF CREATED. THE FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AND WILL RESULT IN SUBSTANTIALLY MORE THAN MERE AINABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN. THE GRANT OF THE RELIEF WILL NOT RESULT IN A USE OF STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERES WITH ADJACENT OR SURROUNDING PROPERTIES.

Motion Carried: 7-0
Motion Maker: Member Krieger

Jim Clear of Novi Town Center Investors, LLC is requesting one three (3) foot maximum front yard parking setback variance, one variance to locate loading space in the side yard, one variance for the reduction in loading space of eight-hundred thirty-two (832) sq. ft. and one variance to locate the dumpster in the side yard to permit the partial demolition and reconstruction of Building I in the Novi Town Center.　 The property is zoned TC and is located on the south side of Crescent Boulevard between Ingersol Drive and Town Center Drive.

REQUIRED PARKING SETBACK　　　20 FEET
PROPOSED PARKING SETBACK　　 17 FEET
VARIANCE REQUESTED　                   3 FEET

REQUIRED LOADING SPACE　　　2,930 SQUARE FEET
PROPOSED LOADING SPACE　　  2,098 SQUARE FEET
VARIANCE REQUESTED　　　　　    832 SQUARE FEET

CITY OF NOVI CODE OF ORDINANCES, Article 25, Section 2507.2 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."

CITY OF NOVI CODE OF ORDINANCES, Article 25, Section 2503.2.F.1 states "Except where otherwise permitted and regulated in this ordinance, refuse bins and their screening enclosures shall be located in the rear yard."

The petitioner is requesting a variance to relocate the existing 63 SF south elevation wall sign approved under ZBA07-068 to the west elevation of the multi tenant building located at 43350 Grand River Avenue for Potbelly Sandwich Works. The property is zoned TC and is located east of Novi Road and north of Grand River Avenue.

Section 28-5 (3) states: "Number of on-premises advertising signs permitted: No building or parcel of land shall be allowed more than one (1) sign permitted under this section…."

IN CASE NO. 09-050 MOTION TO GRANT THE REQUESTED VARIANCE OF RELOCATING THEIR EXISTING AND APPROVED ADDITIONAL WALL SIGN FROM THE SOUTH TO THE WEST ELEVATION AS REQUESTED. THE REQUEST IS BASED UPON CIRCUMSTANCES OF FEATURES THAT ARE EXCEPTIONAL AND UNIQUE TO THE PROPERTY, AS THEY HAVE SUGGESTED WITH THE NEW AT & T BUILDING BEING ERECTED. THE FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY. THE GRANT OF RELIEF WILL NOT RESULT IN THE USE THAT IS INCOMPATIBLE OR UNREASONABLY INTERFERES WITH ADJACENT OR SURROUNDING PROPERTIES AND SUBSTANTIAL JUSTICE WILL BE DONE TO BOTH THE APPLICANT AND THE ADJACENT PROPERTIES. IT IS NOT INCONSISTENT WITH THE SPIRIT OF THE ORDINANCE.