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REGULAR MEETING – ZONING BOARD OF APPEALS
CITY OF NOVI
Tuesday July 10, 2007– 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.
Roll callMembers 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:
Approval of Agenda May 8, 2007 & June 5, 2007 Approved
Additions to Agenda: None
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
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
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
Meeting Adjourned 9:05