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REGULAR MEETING – ZONING BOARD OF APPEALS

CITY OF NOVI

ACTION SUMMARY

Tuesday July 10, 2007– 7:30 p.m.

Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

 

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

Present: Members Bauer, Canup, Fischer, Gatt, Krieger, Sanghvi, Shroyer and Wrobel

Also Present: Shannon Ozga, City Attorney: Alan Amolsch, Ordinance Officer; Chris Fox, Community Development Department; Robin Working, ZBA Recording Secretary

Pledge of Allegiance

Public Hearing Format and Rules of Conduct:

  1. Please turn off pagers and cell phones during the meeting.

  2. Applicant/Representative will be asked to come forth, state their name and address and be sworn in by the Secretary.

  3. Applicants/Representatives will be allowed five (5) minutes to address the Board and present their case. An extension of time may be granted at the discretion of the Chairperson.

  4. Anyone in the audience who wishes to address the Board regarding the current case will be asked by the Chairperson to raise their hands to be recognized.

  5. Once recognized, audience members addressing the Board will be sworn in and given three (3) minutes to speak as an individual or ten (10) minutes to speak if representing a group.

  6. Members of the audience will be allowed to address the Board once unless directly questioned by a Board member or the Chairperson.

  7. The Secretary will read the number of public hearing notices mailed pertaining to the current case. Objection and approval responses will be entered into the record at this time.

  8. The Chairperson will ask for input from the Community Development Department Liaison, the Ordinance Enforcement Officer, the Planning Department and the City Attorney.

  9. The Chairperson will turn the case over to the Board for discussion, clarification and entertain a motion when appropriate.

  10. Impromptu statements from the audience during discussion by the Board will be considered out-of-order.

  11. A roll call vote will be taken to approve or deny the motion on the table and the next case will be called.

Approval of Agenda May 8, 2007 & June 5, 2007 Approved

Additions to Agenda: None

Public Remarks

  1. Case No. 07-040 filed by Bill Stanton of Toll Brothers Inc. For Island Lakes located at 25622 Napier Road – tabled from June 5, 2007

Bill Stanton of Toll Brothers, Inc is requesting multiple sign variances for nine over sized real estate signs and twelve directional signs for the Island Lakes Community Development. The property is zoned RA and located south of Grand River north of Ten Mile and east of Napier west of Wixom Road.

The applicant has prioritized nine (9) variance requests for oversized real estate signs to be located:

#1 Wixom Road/Drakes Bay Drive #1

#2 Drakes Bay Drive/Chesapeake Drive #20

#3 Wixom Road/Drakes Bay Drive #19

#10 Seaglen Drive #18

#11 Drakes Bay Drive/Chesapeake Drive #3

#17 Drakes Bay Drive north of Terra Del Mar Drive #2

#18 Ten Mile Road/Terra Del Mar Drive #4

#19 Drakes Bay Drive/Saybrook Court #16

#20 Wixom Road/Timber Trail #17

CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (3) Temporary Signs states: "Sale, rental or lease sign which identifies the sale, rental, or lease of the residential property…shall be 64 square feet in area and not higher than five (5) feet. One sign."

The applicant has prioritized twelve (12) variance requests for directional signage to be located:

#4 Ravine Drive/Shoreline #10

#5 Not indicated on map #9

#6 Drakes Bay Drive west of Saybrook (also indicated as Timber Trail and Shoreline) #11

#7 Island Lake Drive/Fieldstone Drive #8

#8 Seaglen Drive/Island Lake Drive #14

#9 Drakes Bay Drive/Seaglen Drive #7

#12 Drakes Bay Drive/Terra Del Mar Drive #6

#13 Drakes Bay Drive south of Terra Del Mar Drive #5

#14 Drakes Bay Drive lot 218 #13

#15 Terra Del Mar Drive across from Langley Drive #15

#16 Terra Del Mar Drive at Billenca Drive #21

#21 Island Lake Drive/Shoreline Drive #12

CITY OF NOVI, CODE OF ORDINANCES, Section 28-10 (a) Prohibited Signs states: "A sign nor expressly permitted is prohibited."

Applicant is requesting nine oversized real estate sign variances and twelve sign variances for directional signage in the Island Lakes Community Development.

IN CASE NO. 07-40 TO APPROVE THE PETITIONER’S REQUEST FOR REAL ESTATE SIGNS:

#1 WIXOM ROAD/10 MILE

# 11 DRAKES BAY DRIVE/CHESAPEAKE DRIVE

# 17 DRAKES BAY DRIVE NORTH OF TERRA DEL MAR DRIVE

# 18 TEN-MILE ROAD/TERRA DEL MAR DRIVE

DUE TO THE FACT THAT THE PETITIONER HAS ESTABLISHED UNIQUE CIRCUMSTANCES REGARDING THE SHAPE AND OVERALL AREA OF THE PROPERTY; THE PETITIONER HAS ESTABLISHED THAT THE PROPOSED USE WILL NOT BE A DETRIMENT TO PUBLIC SAFETY AND WELFARE; AND THE PETITIONER HAS ESTABLISHED THAT THE GRANT OF A VARIANCE WILL NOT IMPAIR THE INTENT OR THE PURPOSE OF THE ORDINANCE.

THE APPROVAL OF REAL ESTATE SIGN #1 IS CONTINGENT UPON THE PETITIONER SECURING WRITTEN APPROVAL FROM THE PROPERTY OWNER WITHIN 30 DAYS OF THIS MOTION.

Motion Carried: 7-0

Motion Maker: Gatt

IN CASE NO. 07-40 TO GRANT THE PETITIONER’S REQUEST FOR TEN DIRECTIONAL SIGNS FOR A ONE-YEAR TIME FRAME TO INCLUDE:

#4 RAVINE DRIVE/SHORELINE

#5 NOT INDICATED ON MAP

#6 DRAKES BAY DRIVE WEST OF SAYBROOK (ALSO INDICATED AS TIMBER TRAIL AND SHORELINE)

#7 ISLAND LAKE DRIVE/FIELDSTONE DRIVE

#8 SEAGLEN DRIVE/ISLAND LAKE DRIVE

#9 DRAKES BAY DRIVE/SEAGLEN DRIVE

#12 DRAKES BAY DRIVE/TERRA DEL MAR DRIVE

#13 DRAKES BAY DRIVE SOUTH OF TERRA DEL MAR DRIVE

#14 DRAKES BAY DRIVE LOT 218

#15 TERRA DEL MAR DRIVE ACROSS FROM LANGLEY DRIVE

#21 ISLAND LAKE DRIVE/SHORELINE DRIVE

PETITIONER IS TO COMBINE SIGN #’S 12 & 13 INTO ONE SIGN.

PETITIONER HAS ESTABLISHED A NEED FOR THE SIGNS AND THE SIGNS THEMSELVES ARE NOT A DETRIMENT TO PUBLIC SAFETY AND WELFARE.

Motion Carried: 7-0

Motion Maker: Canup

  1. Case No. 07-045 filed by Mark Vesta of Archiver’s Photo Memory Store located at 26160 Ingersol Drive

Applicant is requesting one 19.2 square foot wall sign variance for a 13 foot-8 inch x 6 foot-2 inch wall sign on the southwest elevation of the Archiver’s Photo Memory Store to be located at 26160 Ingersol Drive in the Novi Town Center. Property is zoned TC and located south of 696 and west of Novi Road.

NOVI CODE OF ORDINANCES Section 28-5 (2) b. 1. (a) (i) a. states: "A business having a first floor pedestrian entrance shall be allowed one and one-fourth (1 ¼) square feet of signage per linear foot of contiguous public or private street frontage up to a maximum of sixty-five (65) square feet.

Applicant is requesting a variance for an 84.27 square foot wall sign.

IN CASE NO. 07-045 TO GRANT THE PETITIONER’S REQUEST DUE TO THE UNIQUE CIRCUMSTANCES OF THE AREA AND THE LOCATION OF THE SUBJECT PROPERTY; THE PETITIONER HAS ESTABLISHED THAT THE PROPOSED USE WILL NOT BE A DETRIMENT TO PUBLIC SAFETY AND AS A MATTER OF A FACT WILL BE HELPFUL IN THE PUBLIC SAFETY AND WELFARE OF THE AREA; THE PETITIONER HAS ESTABLISHED THAT THE PROPOSED USE WILL NOT UNREASONABLY IMPAIR OR DIMINISH ESTABLISHED PROPERTY VALUES WITHIN THE SURROUNDING AREA AND MAY IN FACT IMPROVE THEM AND THE PETITIONER HAS ESTABLISHED THAT THE GRANT OF THE VARIANCE WILL NOT IMPAIR THE INTENT OR PURPOSE OF THE ORDINANCE.

THIS VARIANCE IS CONTINGENT UPON PETITIONER PROVIDING WRITTEN APPROVAL FROM THE PROPERTY OWNER.

Motion Carried: 6-1 (Yes: Bauer, Fischer, Gatt, Shroyer, Sanghvi, Wrobel; No: Canup)

Motion Maker: Gatt

  1. Case No. 07-46 filed by Crystal Halley of RE/MAX – 100 located at 26870 Beck Road

Applicant is requesting one sign variance for a 32 square foot ground sign to be located at 26870 Beck Road. The building already has an approved wall sign. Property is zoned OS-1 and located west of Beck Road and south of Grand River Avenue.

NOVI CODE OF ORDINANCES Section 28-5 (3) states: "No building or parcel of land shall be allowed more than one (1) sin permitted…"

Applicant is requesting to have a ground sign in addition to an existing wall sign.

IN CASE NO.07-46 TO APPROVE PETITIONER’S REQUEST FOR A VARIANCE BASED ON THE PRACTICAL DIFFICULTY SHOWN BY THE PETITIONER GIVEN THAT THE PROPERTY IS LOW LYING; GIVEN THE SPEEDS ON BECK ROAD; THE INTENT OF THE ORDINANCE IS NOT IMPAIRED BY GRANTING THIS VARIANCE AND DUE TO THE SAFETY AND WELFARE OF THE RESIDENTS OF NOVI AS THE FINDINGS.

Motion Carried: 5-2 (Yes: Bauer, Fischer, Gatt, Shroyer, Sanghvi; No: Canup, Wrobel)

Motion Maker: Fischer

OTHER MATTERS

  1. Introductions: Members of the Board were formally introduced to Stephen Rumple, Director of Community Development. Mr. Rumple addressed the Board and articulated how much he appreciates their service to the City of Novi.

  2. Chairperson’s Comments: Chairperson Shroyer welcomed Member Wrobel to the Board and announced the formal resignation of Member Gatt. Appreciation and best wishes were extended to Member Gatt.

  3. Election of Board Secretary: Member Sanghvi nominated Member Bauer. Member Fischer seconded the motion. Member Bauer was elected by acclamation.

  4. Sub Committee Status: Member Fischer stated that a meeting date will be scheduled and the committee looks forward to its charge.

  5. Term Expirations: Chairperson Shroyer requested a comprehensive document be developed to include all Board Member contact information and term expirations as well as an organizational flow chart to include contact information for representatives to the Board from the City of Novi.

Meeting Adjourned 9:05