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ACTION SUMMARY
REGULAR MEETING – ZONING BOARD OF APPEALS – CITY OF NOVI
Tuesday, January 4, 2005 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Roll call Members Present: Bauer, Brennan, Canup, Fischer, Gronachan, and Sanghvi

Rules of Conduct:

  1. Please turn off pagers and cell phones during the meeting.
  2. Each person desiring to address the Board shall state his / her name and address.
  3. 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.
  4. 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.
  5. No person shall be allowed to address the Board more than once unless permission is granted by the Chairperson.
  6. One spokesperson for a group attending shall be allowed ten (10) minutes to address the Board.

Approval of Agenda – approved as amended

Approval of Minutes – November 9, 2004 - approved

Public Remarks

1. Case No. 04-125 filed by Amy Davenport of ASI-Modulex for DMC at 41935 Twelve Mile Road

CASE 04-125 WAS TABLED AT THE DECEMBER 7, 2004 ZBA MEETING FOR ADDITIONAL INFORMATION

Ms. Davenport of ASI - Modulex is requesting two (2) sign variances to erect two additional signs at DMC. DMC is at 41935 Twelve Mile Road, east of Novi Road and west of Meadowbrook Road. The property is zoned OST.

Sign one – Small Entrance ID (Location 7 on plot plan) at 41935 Twelve Mile Road

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…"

Sign two – Building ID w/LED Display (Location 9 on plot plan)

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…"

The applicant is requesting permission to erect two additional signs.

MOTION: In respect to Case No. 04-125 sign one that the petitioner’s request be granted for the purpose of identification of the business with a provision that no further verbiage will be added to this sign without approval of the zoning board of appeals.

In respect to Case No. 04-125 sign two that the petitioner’s request be granted with the condition that the sign will not have the led portion in order to bring it into conformance and ease traffic concerns but also provide for sight identification. Also, conditioned upon what was presented, that the removals and additions take place per submitted.

 

2. Case No. 04-127 filed by Husam Khoury for residence at 1935 West Lake Drive

Mr. Khoury is requesting five (5) variances for the extensive remodeling of his residence located at 1935 West Lake Drive. Applicant is requesting a six and a half (6.5) foot variance for the east side yard setback, a five and a half (5.5) foot variance for the west side yard setback, a twelve (12) foot variance for the combined aggregate total of both side yards, a five (5) foot variance for the front yard setback and a lot coverage variance of ten (10) percent. Property is zoned R-4 and located east of West Park Drive and South of Pontiac Trail.

NOVI CODE OF ORDINANCES: ARTICLE 24; SECTION 2400, "Schedule of Regulations" a minimum side yard setback of ten (10) feet with a combined aggregate total side yard setback of twenty-five (25) feet, a front yard setback of thirty (30) feet and a maximum lot coverage of twenty-five (25) percent for properties located in an R-4 zoning district.

REQUIRED EAST SIDE YARD SETBACK 15 FEET

PROPOSED EAST SIDE YARD SETBACK 8.5 FEET

VARIANCE REQUESTED 6.5 FEET

REQUIRED WEST SIDE YARD SETBACK 10 FEET

PROPOSED WEST SIDE YARD SETBACK 4.5 FEET

VARIANCE REQUESTED 5. 5 FEET

REQUIRED COMBINED TOTAL SIDE YARDS 25 FEET

PROPOSED COMBINED TOTAL SIDE YARDS 13 FEET

VARIANCE REQUESTED 12 FEET

REQUIRED FRONT YARD SETBACK 30 FEET

PROPOSED FRONT YARD SETBACK 25 FEET

VARIANCE REQUESTED 5 FEET

 

 

LOT COVERAGE PROPOSED 35 PERCENT

MAXIMUM LOT COVERAGE 25 PERCENT

VARIANCE REQUESTED 10 PERCENT

CASE NO. 04-127 WAS TABLED BY THE BOARD TO THE FEBRUARY 1, 2005 MEETING

 

3. Case No. 04-128 filed by William R. Lutz, III of SignGraphix, Inc for Cabot North Technology Centre at 28970 Cabot Drive

Mr. Lutz of SignGraphix, Inc. is requesting two (2) sign variances to maintain the tenant sign that was erected in a different location from the approved site. The property is zoned OST and is located at the northeast corner of Cabot and Lewis Roads, north of Twelve Mile Road, east of M-5 Expressway and west of Haggerty.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2) a.3 states, "Ground signs shall not be placed less than sixty-three (63) feet from the centerline of a thoroughfare or collector street…"

Required setback 63 feet

Requested setback 44.5 feet

Variance needed: 18.5 feet

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…"

The applicant is requesting permission to maintain an additional sign.

CASE NO. 04-128 WAS WITHDRAWN BY THE APPLICANT ON JANUARY 4, 2005

 

4. Case No. 04-129 filed by John Dionne of Beacon Sign Company for TCF Bank located at 47500 Grand River Avenue

Mr. Dionne of Beacon Sign Company is requesting one sign variance to erect an additional sign at TCF Bank located at 47500 Grand River Avenue at the west side of Beck Road and south of I-96 Expressway. The property is zoned B-2.

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…"

The applicant is requesting permission to erect an illuminated wall sign measuring 6’ 1 ¼" feet by 4" feet (24.5 area square feet) to read "TCF Bank." This proposed sign is to be on the south elevation.

MOTION: In respect to Case No. 04-129 deny the request as stated

 

5. Case No. 04-130 filed by William R. Lutz, III of SignGraphix, Inc for Lewis Medical Office Centre at 39475 Lewis Drive

Mr. Lutz, III of SignGraphix, Inc. is requesting two (2) sign variances to erect an additional ground, non-illuminated sign at 39475 Lewis Drive for the Lewis Medical Office Centre. The property is zoned OST and is located on the northwest corner of Haggerty Road and Lewis Drive north of Twelve Mile Road.

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…"

The applicant is requesting permission to erect an additional ground, non-illuminated sign to read Lewis Medical Office Centre that is 23 square feet in area.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6(2) a.3 states, "Ground signs shall not be placed less than sixty-three (63) feet from the centerline of a thoroughfare or collector street…"

Required setback 63 feet

Requested setback 42 feet

Variance needed: 21 feet

MOTION: In respect to Case No. 04-130 move that the petitioner’s request for an additional sign be granted due to increased site identification and visibility with no added verbiage allowed.

 

6. Case No. 04-131 filed by Joseph Dahki of NorthStar Signs, Inc. for 46820 Magellan Drive

Mr. Dakhi of North Star Signs Inc. is requesting two (2) sign variances to erect a ground real estate sign for Cushman & Wakefield at 46820 Magellan Drive. The property is zoned I-2 and is located north of Twelve Mile Road, east of Beck Road and west of West Park Drive.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-7(3) states: "Temporary residential business sale, rental or lease sign shall be 6 (six) area square feet..."

Requested : 36 square feet

Permitted: 6 square feet

Variance needed: 30 square feet

CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (3) states: "Temporary residential business sale, rental or lease sign shall not be higher than five (5) feet."

Requested: 8 feet

Permitted: 5 feet

Variance needed: 3 feet

MOTION: In respect to Case No. 04-131 move that the petitioner’s variance request for a real estate sign be approved for a sixteen (16) square foot area measuring 4 x4 for the purpose of site identification for a period of one year.

The height variance of eight (8) feet was denied. The sign is to be five (5) feet or less.

 

7. Case No. 04-132 filed by Robert D. Wineman of Fountains West, LLC c/o Etkin Equities for the Sallie Mae project at 27477 and 27355 Cabaret Drive south of Twelve Mile Road and west of Cabaret Drive

Mr. Wineman is requesting a twenty (20) foot side yard parking lot setback variance along the north property line for the Sallie Mae project on Unit 4, Sidwell #50-22-15-126-022 and a twenty (20) foot side yard parking lot setback variance along the south property line of the existing Residence Inn on Unit 3, Sidwell #50-22-15-126-021. Property is zoned OST (Planned Office Service Technology) and located south of Twelve Mile Road and west of Cabaret Drive.

NOVI CODE OF ORDINANCES: ARTICLE 24; Section 2400, "Schedule of Regulations" require a minimum parking lot setback of twenty (20) feet in an OST zoning district.

UNIT 4 (PROPOSED SALLIE MAE PROJECT)

REQUIRED SIDE YARD PARKING SETBACK (NORTH) 20 FEET

PROPOSED SIDE YARD PARKING SETBACK (NORTH) 0 FEET

VARIANCE REQUESTED 20 FEET

UNIT 3 (EXISTING RESIDENCE INN)

REQUIRED SIDE YARD PARKING SETBACK (SOUTH) 20 FEET

PROPOSED SIDE YARD PARKING SETBACK (SOUTH) 0 FEET

VARIANCE REQUESTED 20 FEET

MOTION: In Case No. 04-132 move to approve the variance requested due to the fact that they are connecting units establishing a property line off of an existing approved site plan.

 

8. Case No. 133 filed by G. Michael Kahm of Singh Development Company for the Residential Unit Development (RUD) known as Lagacy Parc (FKA at Quail Hollow) on the south side of Ten Mile and east of Napier Road

 

Mr. Kahm is requesting five (5) setback variances to allow recreational facilities, including tennis court, basketball court, and play structure within the eighty (80) foot front, side and yard requirements of the zoning ordinance. Property is zoned R-1, one family residential with a development agreement. Proposed project is a 439 unit Residential Unit Development

(RUD) known as Legacy Parc (FKA as Quail Hollow) located on the south side of Ten Mile and east of Napier Road. NOTE: Recreational facilities variance requests are located between three (3) internal roadways.

NOVI CODE OF ORDINANCES: Section 402.5 (b) states that the front, side and rear yards shall be at least eighty (80) foot wide and shall be landscaped in trees, shrubs and grass.

 

BASKETBALL COURT

REQUIRED FRONT SETBACK (NORTH) 80 FEET

PROPOSED FRONT SETBACK (NORTH) 53 FEET

VARIANCE REQUESTED 27 FEET

REQUIRED FRONT SETBACK (EAST) 80 FEET

PROPOSED FRONT SETBACK (EAST) 45 FEET

VARIANCE REQUESTED 35 FEET

 

TENNIS COURT

REQUIRED FRONT SETBACK (EAST) 80 FEET

PROPOSED FRONT SETBACK (EAST) 13 FEET

VARIANCE REQUESTED 67 FEET

REQUIRED SIDE/REAR SETBACK (SOUTH) 80 FEET

PROPOSED SIDE/REAR SETBACK (SOUTH) 30 FEET

VARIANCE REQUESTED 50 FEET

 

PLAY STRUCTURE (TOT LOT)

REQUIRED SIDE/REAR SETBACK (SOUTH) 80 FEET

PROPOSED SIDE/REAR SETBACK (SOUTH) 42 FEET

VARIANCE REQUESTED 38 FEET

CASE NO. 04-127 WAS TABLED BY THE BOARD TO THE FEBRUARY 1, 2005 MEETING

 

OTHER MATTERS

1. Case No. 04-001 for Harold Frame Shop – an update on the hours of illumination

Mr. Gilliam suggested that this matter be handled through the district court as a municipal civil infraction with the City requesting an injunctive order providing that Harold Frame Shop can only illuminate the sign during the approved hours.

2. Mock – up sign time limit for approved sign cases

Mr. Gilliam provided two alternatives for the approved mock-up sign removal requirements. The Board voted to accept Alternative One with the modification of 30 days for removal of approved signs. The sign must be in a good and maintained condition. If denied, the sign needs to be removed in 5 days. Formal amendment of the Rules of Procedure will be placed on the agenda for the February 1, 2005 meeting of the Zoning Board of Appeals.

3. Case No. 04-057 for Glenda’s Market – an update on the letter sent on December 16, 2004 inquiring about the status of the fence.

The Board received Glenda’s letter of December 21, 2004 addressed to Alan L. Amolsch, Code Compliance Officer, regarding Case No. 04-057. Mr. Cagle reports that the installation of the fence on the northern edge of Glenda’s will begin on January 10, 2005 with completion at the end of the month, weather permitting.

 

Meeting adjourned at 10:15 pm