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REGULAR MEETING – ZONING BOARD OF APPEALS
CITY OF NOVI
Tuesday, June 6, 2006 – 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

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

Pledge of Allegiance

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 the Chairperson grants permission.
  6. One spokesperson for a group attending shall be allowed ten (10) minutes to address the Board.

Approval of Agenda

Approval of Minutes – April 4, 2006

Public Remarks

1. Case No. 06-040 filed by National Coney Island at 31120 Beck Road

Commercial Advertising Inc. representing National Coney Island is requesting one (1) sign variance to allow placement of an additional wall sign at 31120 Beck Road, (Shoppes at the Trail). This property is zoned B-3 and is located south of Pontiac Trail on the east side of Beck Road.

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."

The applicant is requesting permission to erect an additional wall sign of thirty-six (36) square feet.

 

2. Case No. 06-041 filed by Farmer Jack at 41840 W. Ten Mile Road

Mark Decker of Farmer Jack is requesting a Temporary Use Permit to allow seasonal merchandise displays and sidewalk sales on the south side of the front entrance of the Farmer Jack Grocery store located at 41840 W. Ten Mile Road (Novi Ten Shopping Center). The applicant requests to have seasonal merchandise displays and sidewalk sales from June 6, 2006 to October 31, 2006. The property is zoned B-3 and is located west of Meadowbrook Road and north of Ten Mile.

CITY OF NOVI, CODE OF ORDINANCES, Section 3004, "Temporary Use Permits" states:

"The Building Official or his designee shall have the power to grant permits authorizing temporary special land uses for …sidewalk sales… where permitted."

The applicant is requesting a sidewalk sale in the front apron of the Farmer Jack Grocery Store.

 

3. Case No. 06-043 filed by Terry Crossley of Crosspointe Meadows Chrurch FKA Redford Baptist Church at 29200 Meadowbrook Road

Terry Crossley of Crosspointe Meadows Church is requesting one (1) sign variance to allow placement of a double sided "V" ground shaped sign of (54) fifty-four square feet at 29200 Meadowbrook Road. This property is zoned R-A and is located east of Meadowbrook Road and south of 13 Mile Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-11(a) states: "A sign not expressly permitted is prohibited."

The applicant is requesting (1) sign variance for a double-sided "V" ground sign of 54 square feet.

 

4. Case No. 06-044 filed by West Market Fuel at Westmarket Square Development

Michael Hamame of West Market Fuel, LLC is requesting a variance for the reduction in loading area required from 1100 square feet to 720 square feet (12 feet x 60 feet). The property is zoned B-2 and is located on the west side of Beck Road north of Grand River.

NOVI CODE OF ORDINANCES, Section 2507.2 "Off-street Loading and Unloading" 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…"

Required: 1,100 square feet

Proposed: 720 square feet

Variance: 380 square feet

The applicant is requesting a reduction in loading area.

 

5. Case No. 06-045 filed by Jamie Kjos of Brightmoor Christian Church at 40800 W Thirteen Mile Road

Jamie Kjos of Brightmoor Christian Church is requesting one (1) sign variance to allow placement of an additional wall sign at 40800 West Thirteen Mile Road. This property is zoned R-A and is located west of M-5 and north of Thirteen Mile Rd.

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."

The applicant is requesting permission to erect a wall sign.

 

6. Case No. 06-047 filed by Doug Necci for 2117 West Lake Drive

The applicant is requesting four (4) variances for the construction of a landscaped stone wall (accessory structure) to be located within the front yard setback, interior and exterior side yards including an extension of a curb with pedestals at the rear yard seawall and interior/exterior side yard of the property at 2117 West Lake Drive. Applicant is also requesting an accessory structure (wall and emergency generator) within the front yard setback. Property is zoned R-4 and located north of South Lake Court and east of West Park Drive NOTE: Applicant had received previous ZBA approval for the decorative stone wall within the front and exterior side yard in case # 05-086.

NOVI CODE OF ORDINANCES: Section 2503, Paragraph 2A states: "accessory structures, except as otherwise permitted and regulated in this ordinance, shall be located in the rear yard and shall meet the requirements of an accessory building."

The applicant is requesting construction of a decorative stonewall located within the front yard setback, interior side yard setback and exterior side yard setback.

The applicant is proposing construction of an emergency generator and decorative wall within the front yard setback.

 

7. Case No. 06-048 filed by Dennis Radloff for Dick’s Sporting Goods at 44225 12 Mile Road

Dennis Radloff of Dick’s Sporting Goods is requesting a Temporary Use Permit to allow a parking lot tent sale in the southern parking lot of Fountain Walk Mall located at 44225 12 Mile Road. The applicant requests to have a parking lot tent sale event from June 22, 2006 through July 10, 2006. There will be planned activities such as a balloon give away, face painting for children, basketball free throw contests, raffles, a food vendor and merchandise sales. The property is zoned RC and located south of 12 Mile and west of Novi Road.

CITY OF NOVI, CODE OF ORDINANCES, Section 3004, "Temporary Use Permits" states:

"The Building Official or his designee shall have the power to grant permits authorizing temporary special land uses for …sidewalk sales… where permitted."

The applicant is requesting a parking lot tent sale event in southern parking lot of Fountain Walk Mall.

 

8. Case No. 06-049 filed by Mark Kassab for Lenox Park at 40812 W. 13 Mile Road

The applicant is requesting a variance to allow the accessory structure in a residentially zoned district and a variance to allow the accessory structure to be placed in a required front yard or in any required exterior side yard. Property is zoned RM-1 and located east of Meadowbrook Road and north of Thirteen Mile Road.

NOVI CODE OF ORDINANCES: Section 2503.1.K, states: "the use of any detached accessory building in any Residential, Business or Office District for a use other than the parking and storage of private motor vehicles, tools, recreation equipment or dog houses shall require review and approval by the Zoning Board of Appeals."

The applicant’s proposed building requires approval from the Zoning Board of Appeals.

NOVI CODE OF ORDINANCES: Section 2503.1 B, states: "an accessory building shall not be erected in any required front yard or in any required exterior side yard."

The applicant proposes construction of the mail center building within a front yard and exterior side yard.

 

9. Case No. 06-050 filed by Autumn Park LLC for Autumn Park III on the NE corner of Beck Road and White Plains Drive

Autumn Park LLC is requesting one (1) sign variance to extend a temporary construction sign for Autumn Park III. The sign is located on the NE corner of Beck Road and White Plains Drive.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-7 (1) states: "Construction identification sign…is valid for a period of twelve months..."

The applicant is requesting an extension to allow the existing sign to remain on the property.

 

10. No. 06-051 filed by Diane Hersey of The Road Commission of Oakland County for Michigan CAT at 24460, 24800 and 25000 Novi Road

The applicant is requesting an extension to allow the existing sign to remain on the property.

The Road Commission for Oakland County is requesting three (3) sign variances for the property located at 24800 Novi Road, and 25000 Novi Road (Michigan Cat). The property is one parcel of land, 27.11 acres (Sidwell # 50-22-23-351-059) and zoned I-2. Applicant is requesting to: move sign (A) "Michigan CAT" located at 24800 Novi Road eighty (80) feet to the northeast, which will place the sign at the far northern edge of the parking lot in front of the building and a minimum of one (1) foot outside of the right-of-way; move sign (B) "Entrance" located south of the 25000 Novi Road building twenty (20) feet to the east of the existing location which will place the sign just outside of the right-of-way and move sign (C) "Michigan CAT" / "Engine Division" located just north of the 25000 Building sixty (60) feet southeast which will place the sign one (1) foot outside of the future right-of-way. Applicant further requests the support structures on the sign to be replaced, should they not be able to be moved. Property is located north of Ten Mile Road and east of Novi Road. These variance requests are to facilitate the right of way acquisition along Novi Road.

NOVI CODE OF ORDINANCES, ARTICLE 28: Section 14 (b), "Non Conforming Signs" states "A nonconforming sign shall not be structurally altered so as to prolong the life of the sign…shall not be expanded or relocated…shall not be reestablished after damage or destruction…"

The applicant is requesting (3) sign variances for relocation outside of the right-of-way and to allow the support structures on the signs to be replaced, should they not be able to be moved.

 

OTHER MATTERS

1. Discussion of Case No. 06-027 – Sam’s Club