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REGULAR MEETING – ZONING BOARD OF APPEALS
CITY OF NOVI
ACTION SUMMARY
Tuesday February 6, 2007– 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

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

Absent Member Canup, Member Gatt

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 – January 9, 2007

Public Remarks

1. Case No. 06-082 filed by Adil Al-Sandouk for 2280 Austin Drive

Adil Al-Sandouk is requesting three (3) side yard setback variances for the construction of an 88 square foot addition and a 1009 square feet second floor addition over the entire existing structure located at 2280 Austin Drive in the Shawood Walled Lake Heights subdivision. The Applicant is requesting a 10.6-foot south side yard setback variance, a 6.3-foot north side yard setback variance and a 16.9-foot aggregate side yard setback variance. The existing structure is already a legal non-conforming use.

The property is zoned R-4 and is located south of 13 Mile Rd. and west of Novi Rd.

CITY OF NOVI, CODE OF ORDINANCES, ARTICLE 24; Section 2400, "Schedule of Regulations" requires a minimum side yard setback of 10 feet with an aggregate total of both side yard setbacks at twenty-five (25) feet.

REQUIRED SIDE YARD SETBACK (SOUTH) 15 FEET
PROPOSED SIDE YARD SETBACK (SOUTH) 4.4 FEET
VARIANCE REQUESTED 10.6 FEET

REQUIRED SIDE YARD SETBACK (NORTH) 10 FEET
PROPOSED SIDE YARD SETBACK (NORTH) 3.7 FEET
VARIANCE REQUESTED 6.3 FEET

REQUIRED AGGREGATE SIDE YARD SETBACK 25 FEET
PROPOSED AGGREGATE SIDE YARD SETBACK 8.1 FEET
VARIANCE REQUESTED 16.9 FEET

Applicant is requesting three side yard setback variances for the construction of a first floor addition and a second story addition over the existing structure.

IN CASE NO. 06-082 TO APPROVE ALL THREE VARIANCE REQUESTS WHEREAS

NUMBER ONE: SAID VARIANCES HAVE NOT SET OR MOVED ANY PART OF THE ADDITIONS ANY CLOSER TO THE EXISTING NEIGHBORING PROPERTIES THAN THE PRE EXISTING STRUCTURE.

NUMBER TWO: STRUCTURAL IMPROVEMENTS SHOULD ADD VALUE AND AESTHETICS TO THE NEIGHBORHOOD.

NUMBER THREE: THE PRACTICAL DIFFICULTY STANDARD HAS BEEN MET DUE TO THE NARROWNESS OF THE PROPERTY AND OTHER OPTIONS COULD CREATE EVEN GREATER VARIANCE REQUESTS AND NON-CONFORMITIES.

NUMBER FOUR: NO OBJECTIONS WERE RECEIVED BY THE BORDERING PROPERTY OWNERS.

 

2. Case No.06-083 filed by Steven Johnson of Novi Retail LLC for Shoppes at the Trail located at 31172 Beck Road

Steven Johnson of Novi Retail LLC is requesting one (1) sign variance to erect an additional 30 square foot business center sign on a vacant parcel of land located on Pontiac Trail in front of the Shoppes on the Trail Shopping Center. The property is zoned B-3 (General Business District).

CITY OF NOVI, CODE OF ORDINANCES, Section 28-10-(a) states: "A sign not expressly permitted is prohibited"

Applicant is requesting one sign variance to erect an additional 30 square foot business center sign on a vacant parcel of land.

IN CASE NO. 06-083 TO GRANT PETITIONER’S REQUEST FOR AN ADDITIONAL SIGN FOR THE SHOPPES ON THE TRAIL ON A VACANT PARCEL OF LAND DUE TO THE PETITIONER PROVIDING AN EASEMENT AGREEMENT ALLOWING THE PLACEMENT OF THE SIGN ON THE PROPERTY.

THE BOARD HAS FOUND IN PREVIOUS DISCUSSIONS THAT THIS IS A LARGE RETAIL DEVELOPMENT LOCATED ON A CORNER PIECE OF PROPERTY AND THESE SIGNIFY OUR IDEA OF A PRACTICAL DIFFICULTY IN THIS CASE.

THIS VARIANCE IS CONTINGENT UPON THE EASEMENT AGREEMENT CONDITIONS AND THE CITY OF NOVI IS TO BE NOTIFIED IF THIS EASEMENT CEASES TO EXIST.

 

3. Case No.06-100 filed by John Dionne of Beacon Sign Company for TCF Bank located at 47500 Grand River Avenue

John Dionne of Beacon Sign Company is requesting one 24 square foot and one 41.6 square foot wall sign variance for the placement of two additional wall signs for TCF Bank located at 47500 Grand River Avenue in the West Market Square Shopping Center.

The property is zoned B-2 and is located east of Beck Road and north of Grand River Avenue.

CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) states: "No building or parcel of land shall be allowed more than one (1) sign.

Applicant is requesting 2 variances for the placement of additional wall signs at TCF Bank.

IN CASE NO.06-100 TO GRANT THE PETITIONER’S REQUEST GIVEN THE HINDRANCES MENTIONED, THE PRACTICAL DIFFICULTY THAT THE PETITIONER HAS ESTABLISHED PERTAINING TO THE BRIDGE CONFIGURATION AT BECK ROAD AND GRAND RIVER BLVD. REALTED TO VISIBILTY AND DIRECTONAL ISSUES AND THE EVIDENCE THEY HAVE PROVIDED IN THE STATISTICS FROM NEARBY BRANCHES THAT ALL POINT TO MEETING THAT BURDEN OF PROOF.

 

OTHER MATTERS

1. Election of Officers: Article IV Section 4.0 of the Zoning Board of Appeals Rules of Procedure stipulates: "The election of officers shall be held at the first regular meeting in February, or at such other time designated by the Board."

Postponed until March

2. Oakland Baptist Church: Site Improvements.

Discussion regarding financial guarantees required for completion of site improvements on property.

Meeting adjourned at 8:41 pm