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ACTION SUMMARY
REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday, April 2, 2002 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Roll call: Members Bauer, Brennan, Gray, Gronachan, Sanghvi and Reinke

Absent: Member Fannon (excused)

Rules of Conduct:

  1. Each person desiring to address the Board shall state his / her name and address.
  2. Individual persons shall be allowed five (5) minutes to address the Board, an extension of time may be granted at the discretion of the Chairperson.
  3. There shall be no questioning by the audience of the persons addressing the Board; However, the Board members may question that person with recognition of the Chairperson.
  4. No person shall be allowed to address the Board more than once unless permission is granted by the Chairperson.
  5. One spokesperson for a group attending shall be allowed ten (10) minutes to address the Board.

Approval of Agenda – approved with modifications

Approval of Minutes – November 5, 2001 minutes (approved) and March 5, 2002 (postponed to next month)

Public Remarks - None

1) Case No. 02-006 filed by Harold Chapman representing Buffalo Wild Wings (Fountain Walk)

Harold Chapman representing Buffalo Wild Wings located in the Fountain Walk development is requesting twelve (12) sign variances to erect two illuminated wall signs and five awnings with verbiage.

Sign A – 1 variance:

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2)b.1.(a)i 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."

Requested: 96 square feet

Permitted (based on 88’ of business frontage): 40 square feet

Variance: 56 square feet

 

Sign B – 1 variance:

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."

Applicant is requesting permission to erect a fifty four (54) square foot wall sign.

Signs C – G – 10 variances:

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3) states:

"…no building or parcel of land shall be allowed more than one (1) sign permitted under this section…"

Applicant is requesting permission to erect five awnings with verbiage.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3)f states:

"Where separately owned businesses occupying a single building or a single parcel of land utilize individual identification wall signs, all such signs on the building or within the center shall be of a common style…"

Applicant is requesting permission to erect five awnings with verbiage.

MOTION: THAT IN CASE NO. 02-006 TO APPROVE SIGN A AS PRESENTED OF NINETY SIX (96) SQUARE FEET, TO APPROVE SIGN B WITH A MAXIMUM OF FORTY (40) SQUARE FEET AND TO DENY SIGNS C THROUGH G

 

2) Case No. 02-014 filed by Wayne Bullen representing Rotary Park

Wayne Bullen representing Rotary Park is requesting a sign variance to erect a projecting ground sign located at 42785 Nine Mile for Rotary Park.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-11(a) states:

"A sign not expressly permitted is prohibited."

Applicant is requesting permission to erect a twenty four (24) square foot projecting ground sign for directional purposes.

MOTION: THAT IN CASE NO. 02-014 TO APPROVE THE VARIANCE AS REQUESTED FOR IDENTIFICATION OF A PARK LOCATION

 

3) Case No. 02-015 filed by Ronald Coon of 2015 West Lake Drive (aka 2018 West Lake Drive)

Ronald Coon is requesting three (3) variances for the construction of a new home attached to an existing garage for the property located at sidwell #5022-03-155-020, 2015 West Lake Drive. The proposed request is for a three (3) foot front yard setback variance, a four (4) foot side yard setback variance and a one percent (1%) lot coverage variance. Please note: The three foot variance request is for the existing garage once the home is attached.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum front yard setback of thirty (30) feet in an R-4 Zoning District.

Required front yard setback: 30 feet

Proposed: 27 feet

Variance: 3 feet

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a ten (10) foot side yard setback on one side in an R-4 Zoning District.

Required side yard setback: 10 feet

Proposed: 6 feet

Variance: 4 feet

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires maximum lot coverage of 25% in an R-4 Zoning District.

Maximum lot coverage: 25%

Proposed: 26%

Variance: 1%

TABLED TO MAY 7, 2002 MEETING

 

4) Case No. 02-016 filed by Ben Liu, attorney for Gourmet Buffet

Ben Liu representing Gourmet Buffet is requesting a sign variance to allow an 82.5 square foot wall sign that had been installed in error to remain. The applicant had applied for and received a sign permit but had installed the wrong sign in error. West Oaks II had been granted a blanket variance for the development on September 24, 1986 for the signage.

ZONING BOARD OF APPEALS CASE 1370B states:

"Sign variances are granted for buildings "K", "G", "E" and "B" with the stipulations that said wall signs are not to exceed 48 square feet, maximum for each space. Variance is granted based on the uniqueness of this shopping center."

Square footage allowed: 48 square feet

Requested: 82.5 square feet

Variance: 34.5 square feet

MOTION: THAT IN CASE NO. 02-016 TO APPROVE THE SIGN BECAUSE OF A VERY SPECIAL HARDSHIP PRESENTED BY THE APPLICANT, BECAUSE OF THE POSITION OF THE BUILDING AND HOW FAR AWAY IT IS FROM THE MAIN ROAD AND TO LIMIT IT TO THIS PETITIONER ONLY

 

5) Case No. 02-017 filed by Ronald Nuechterlein representing City Center Plaza

Ronald Nuechterlein of Superior Diversified Services Corp. is requesting three (3) variances for the construction of the City Center Plaza addition. The variances requested are for building size in excess of 7,500 square feet, a front yard setback requirement exceeding the maximum limitation of 137 feet from the centerline of an arterial and a loading area to be located within an exterior side yard. Proposed addition is to an existing building that had previous site plan approval.

CITY OF NOVI, CODE OF ORDINANCE, Section 1602.3 "Retail Space" states no retail commercial buildings within the TC-1 District shall exceed seven thousand five hundred (7,500) square feet in gross leasable floor.

Existing building: 26,375 square feet

Proposed addition: 6,002 square feet

Maximum allowed: 7,500 square feet

Variance: 24,877 square feet

CITY OF NOVI, CODE OF ORDINANCE, Section 1602.4 "Building Setbacks" requires a front yard setback greater than 80 feet and less than 137 feet from centerline of an arterial.

Proposed setback from arterial: 270 feet

Maximum allowed: 137 feet

Variance: 133 feet

CITY OF NOVI, CODE OF ORDINANCE, Section 1602.10 and Section 2507 requires a loading area to be located within a rear yard.

Proposed location of loading area is within the exterior side yard.

MOTION: THAT IN CASE NO. 02-017 TO GRANT THE PETITIONER’S REQUEST FOR BUILDING SIZE, FRONT YARD SETBACK AND LOADING AREA DUE TO ADDITIONS TO THE SHOPPING AREA

 

6) Case No. 02-018 filed by Matthew Quinn, attorney for Tasmin Devco, LLC

Matthew Quinn, attorney for Tasmin Devco, LLC is requesting a non-use variance to allow a property split for the 6.5 acre parcel known as sidwell #5022-14-451-006. Parcel received approval of a site plan for two buildings on this site. The proposed split would render the rear parcel and building without frontage on a public street.

CITY OF NOVI, CODE OF ORDINANCE, Section 2517 "Frontage on a Public Street" states:

"No lot or parcel of land shall be used for any purpose permitted by this Ordinance unless said lot or parcel shall front directly upon a public street, unless otherwise provided for in this Ordinance."

The proposed split would render rear parcel and building without frontage on a public street.

MOTION: THAT IN CASE NO. 02-018 TO APPROVE THE APPLICANT’S REQUEST FOR A PROPERTY SPLIT DUE TO A SPECIAL PRACTICAL DIFFICULTY AND THAT THE PROPOSAL IS NO DIFFERENT THAN THE SITE AS IT COULD BE DEVELOPED WITHOUT THE SPLIT. THIS IS A QUESTION OF MEANS OF OWNERSHIP AS OPPOSED TO THE DEVELOPMENT ISSUE.

 

7) Case No. 02-019 filed by Carl Engling of 1389 East Lake Drive

Carl Engling is requesting five (5) variances for the renovation of an existing home at 1389 East Lake Drive. The variances requested are: a front yard setback variance of 15.75 feet, a side yard setback variance (north) of 4 feet, a side yard setback variance (south) of 4 feet for a combined 8 foot total setback variance for both sides and a lot coverage variance of 13%.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a thirty (30) foot front yard setback requirement in an R-4 Zoning District.

Required front yard setback: 30 feet

Proposed: 14.25 feet

Variance: 15.75 feet

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a ten (10) foot side yard setback (one side) and a fifteen (15) foot side yard setback on the remaining side with a total of twenty five (25) feet required for both sides.

Required side yard setback (North): 10 feet

Proposed: 6 feet

Variance: 4 feet

Required side yard setback (South): 15 feet

Proposed: 11 feet

Variance: 4 feet

Combined both sides required: 25 feet

Proposed: 17 feet

Variance: 8 feet

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a maximum of 25% lot coverage in an R-4 Zoning District.

Maximum lot coverage: 25%

Proposed: 38%

Variance: 13%

TABLED TO MAY 7, 2002 MEETING

 

8) Case No. 02-020 filed by John Carroll representing Cost Plus World Market (Fountain Walk)

John Carroll of Carroll Installations representing Cost Plus World Market located in the Fountain Walk development is requesting a sign variance to erect a 180 square foot illuminated wall sign.

CITY OF NOVI, CODE OF ORDINANCE, Section 28-6(2)b.1.(a.)i.a. 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."

Requested square footage: 180 square feet

Permitted: 40 square feet

Variance: 140 square feet

MOTION: THAT IN CASE NO. 02-020 TO GRANT THE VARIANCE FOR A MAXIMUM OF ONE HUNDRED FORTY (140) SQUARE FEET DUE TO BUILDING AND BUSINESS RECOGNITION

9) Case No. 02-022 filed by Richard Kligman representing homeowners of 50861 Applebrooke (Park Place)

Richard Kligman of Superb Homes, Inc. is requesting a front yard setback variance of 6.08 feet for the construction of an attached garage to a home under construction located at 50861 Applebrooke in the Park Place Subdivision.

CITY OF NOVI, CODE OF ORDINANCE, Article 24, Section 2400 "Schedule of Regulations" requires a minimum of a forty five (45) foot front yard setback in an RA Zoning District.

Required front yard setback: 45 feet

Proposed: 38.92 feet

Variance: 6.08 feet

MOTION: THAT IN CASE NO. 02-022 TO GRANT THE PETITIONER’S SETBACK VARIANCE WITH THE CONDITION THAT THE GARAGES WILL BE A SIDE ENTRANCE. ALSO, A CONDITION THAT THIS APPROVAL IS SUBJECT TO ANY FURTHER WOODLAND APPROVALS THROUGH THE CITY. IF THOSE ARE NOT OBTAINED THE MATTER WILL BE RETURNED TO THE ZBA.

10) Case No. 02-023 filed by Jeff Johnson representing Chuck E. Cheese (Fountain Walk)

Jeff Johnson of Warren Sign Systems, Inc. representing Chuck E. Cheese located in the Fountain Walk development is requesting three (3) sign variances to erect one nineteen square foot illuminated wall sign and one nineteen square foot awning sign.

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."

Applicant is requesting permission to erect one wall sign and one awning sign. (2 variances)

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(3)f states:

"Where separately owned businesses occupying a single building or a single parcel of land utilize individual identification wall signs, all such signs on the building or within the center shall be of a common style…"

Applicant is requesting permission to erect the signs that are not of common style. (1 variance)

MOTION: THAT IN CASE NO. 02-023 TO GRANT THE PETITIONER’S REQUEST FOR A VARIANCE FOR THE CORPORATE LOGO ON THE WALL OF THE BUILDING DUE TO BUSINESS IDENTIFICATION.

11) Case No. 02-024 filed by Theresa Bileti-Skinner of Dinser’s Flowers & Greenhouse

Theresa Bileti-Skinner representing Dinser’s Flowers & Greenhouse is requesting a sign variance to relocate the existing signage to the west side of the Dinser’s property, north of 10 Mile Road.

ZONING BOARD OF APPEALS CASE 98-056 states:

"That in Case No. 98-056 the variance request to allow the continued placement of a sign 8’ x 57" (38 sq. ft.) with the height from grade being 8’ place at the corner of Ten Mile Road and Dinser Drive be granted for purpose of identification. This variance is limited to this petitioner only."

ZONING BOARD OF APPEALS CASE 916 states:

"That in Case No. 916, a 16 foot setback variance from Ten Mile Road and a 1 ft. setback variance from Wixom Road is granted subject to the new ground-pole sign being 4 ft. by 8 ft. (32 square foot) and not to exceed 5 ft. off the ground. New sign is to be placed on the same poles as the existing ground-pole sign. Also, the time limit for obtaining a building permit is amended from sixty (60) days to ninety (90) days. The Board of Appeals is to maintain continuing jurisdiction."

The applicant is requesting permission to erect the 4 ft. by 8 ft. (32 square foot) ground sign to a new location.

TABLED TO MAY 7, 2002 MEETING

OTHER MATTERS

1) Novi Town Center signage

Mr. Saven explained that a sign permit application would be submitted for some of the Novi Town Center businesses next month.

2) Wizinksy case

Mr. Schultz informed the Board that the Wizinsky’s had filed an appeal from the decision that the Board made on the berm height next to the proposed Novi Promenade. It is an appeal from the ZBA’s decision as well as two additional counts, taking claim and something called a trespass nuisance claim. The Board requested a copy.

3) Ten & Beck case

Mr. Schultz stated that the briefs are in and they are ready for oral argument on the Ten & Beck case. It is the R-1 to R-3 density variance. It will probably go sometime in May or June. The Board also requested a copy.

Meeting adjourned at 9:57 p.m.