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ZONING BOARD OF
APPEALS ACTION SUMMARY
Roll callMembers Bauer, Burke, Fischer, Ghannam, Ibe, Krieger, Sanghvi and Shroyer
Present: Members Bauer, Burke, Fischer, Ghannam, Krieger, Sanghvi and Shroyer
Absent: Member Ibe – Absent Excused
Also Present: Beth Kudla, City Attorney; Robin A. Working, ZBA Recording Secretary; Charles Boulard, Building Official; Chris Fox, Community Development Department Liaison
Pledge of Allegiance Member Shroyer
Approval of Agenda: Approved
Approval of Minutes: August 12, 2008
Public Remarks: No public remarks
1. Case No. 08-045 filed by Charles K. Alawan of Pheasant Run Plaza Inc. for five tenants of Pheasant Run Plaza located at 39877, 39863, 39853, 39843, 31, 21 and 39783 Grand River Avenue – Tabled August 12, 2008
Charles K. Alawan representing five tenants in Pheasant Run Plaza is requesting five sign variances for the placement of additional wall signage on the north elevation of the plaza facing Grand River Avenue. Petitioner is requesting one 32 square foot illuminated wall sign for Gina Agosta Salon located at 39831 Grand River Avenue; one 20 square foot illuminated wall sign for Agosta For Men located at 39853 Grand River Avenue; one 20 square foot illuminated wall sign for Oxford Tailor located at 39863 Grand River Avenue; one 32 square foot illuminated wall sign for Smokers Merchant located at 39877 Grand River Avenue and one 32 square foot illuminated wall sign for Pheasant Run Cleaners located at 39787 Grand River Avenue. Each tenant has an approved east elevation wall sign and the Plaza has an approved Business Center Sign on Grand River Avenue. Property is zoned B-3 and is located south of Grand River and west of Haggerty Road.
CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (3) f. Number of on premises advertising signs permitted states: "Where two (2) or more separately owned and operated businesses occupy a building on a single parcel of land, each having a separate exterior entrance, each business entitled to a single identification wall sign…"
CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) b. 3. Wall Sign Placement states: "where more than one separately owned and operated business occupies a building or parcel of land, those wall signs permitted for individual businesses shall be located on the same side of the building as the exterior wall abutting the business space, and within the lineal frontage of the respective business."
IN CASE NO. 08-45 THE BOARD MOVED TO DENY THE VARIANCE REQUEST, WHEREAS THE PETITIONER HAS NOT CONVINCINGLY DEMONSTRATED A PRACTICAL DIFFICULTY; THE BUSINESSES ALREADY HAVE EXISTING WALL SIGNS ON THE EAST ELEVATION OF THE BUILDING AND THE ORDINANCE DOES NOT ALLOW FOR ADDITIONAL SIGNAGE; THE CIRCUMSTANCES OF THIS PROPERTY ARE NOT UNIQUE AS THERE ARE MANY BUILDINGS OF THIS CONFIGURATION WITHIN THE CITY AND THE ADDITION OF MORE SIGNAGE WILL NOT PROVIDE SUBSTANTIAL JUSTICE TO THE OTHER TENANTS AND PROPERTY OWNERS ON GRAND RIVER AND OTHER SIMILAR PROPERTIES IN THE CITY.
Motion Carried: 6-1
1. Case No. 08-052 filed by Jasper Catanzaro representing Weston Estates Homeowners Association for 43468 McLean Court
Jasper Catanzaro representing Weston Estates Homeowners Association is requesting two sign variances for the placement of a ten foot tall, break-away pole, subdivision entranceway sign. The sign measures 14" x 20" and is proposed to be located in a City of Novi right-of-way adjacent to lot 12, 43468 Mc Lean Court in Weston Estates. Property is zoned R-4 and is located west of Novi Road and north of Nine Mile Road.
CITY OF NOVI, CODE OF ORDINANCES, Section 28-1 (7) (10) Definitions states: Entranceway sign means a ground identification sign that designates the street entranceway to a residential…or coordinated multi-parcel development or permitted institution, from a public right-of-way. Ground sign means a sign, not attached to any building, supported by a monument placed in the ground surface such that the entire bottom of the sign is affixed to the ground and is not supported by poles, columns, or uprights.
CITY OF NOVI, CODE OF ORDINANCES, Section 28-5 (2) d. Area height and placement regulations Entranceway sign states: Height: Maximum of five (5) feet; Placement: Not less than ten (10) feet from any street right-of-way and only in yards adjacent to streets at the entrance to the subdivision.
IN CASE NO. 08-052 THE BOARD MOVED TO TABLE THE CASE TO ALLOW THE APPLICANT TO APPLY TO THE ENGINEERING DEPARTMENT FOR A RIGHT-OF-WAY PERMIT APPROVAL TO ASCERTAIN THE EXACT LOCATION THE PROPOSED SIGN.
Motion Carried: 7-0
2. Case No. 08-053 filed by Pat Cavanaugh of Shannon Development LLC for Stoneridge Office Park located on parcel 50-22-10-452-001
Pat Cavanaugh representing Shannon Development, LLC is requesting one sign variance for the continued placement of an 8’ 6" x 7’ 6" sixty-four square foot construction identification sign originally approved on 12-08-2006 and located on parcel 50-22-10-452-001. The Stoneridge project received its first certificate of occupancy on August 5, 2008. Property is zoned OS-1 and is located west of Novi Road and north of Twelve Mile Road.
CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (1) Temporary Signs states a construction identification sign which identifies the name of the project developers, contractors, engineers, architects, lenders, or brokers on a site being developed are allowed to be 64 square feet and are valid until the issuance of first certificate of occupancy.
IN CASE NO. 08-053 THE BOARD MOVED TO APPROVE THE VARIANCE REQUESTED DUE TO THE UNIQUE CIRCUMSTANCES OF THE DEVELOPMENT OF THIS PROJECT. THIS SITUATION DOES NOT RESULT FROM CONDITIONS THAT EXIST GENERALLY IN THE CITY OR THAT ARE SELF CREATED; DUE TO THE CURRENT ECONOMY THE FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AND THE GRANTING OF RELIEF WILL NOT RESULT IN A USE OF STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERES WITH ADJACENT OR SURROUNDING PROPERTIES. THE BOARD TOOK INTO CONSIDERATION THAT THE APPROVED SIGNAGE IS OF A TEMPORARY NATURE AND THE CONDITIONS OF APPROVAL INCLUDE THAT THE VARIANCE SHALL BE FOR A MAXIMUM OF SIX MONTHS AND WITH THE CONDITION THAT THE SUBMITTAL FOR A SIGN PACKAGE FOR PERMANENT APPROVAL BE SUBMITTED TO THE CITY WITHIN FORTY-FIVE DAYS.
Motion Carried: 7-0
3. Case No. 08-055 filed by Russ Nuffer of Singh Homes Building Company LLC for 41730 Crane Way, Lot 84 Tollgate Woods Phase 2
Singh Homes Building Company LLC is requesting a Temporary Use Permit renewal for the placement of a temporary construction trailer on Lot 84 of Tollgate Woods at 41730 Crane Way from October 14, 2008 through October 14, 2010. Petitioner received a Temporary Use Permit in 2006 and a ZBA extension in ZBA06-072 for two years. The property is zoned RA and located west of Meadowbrook and north of Twelve Mile Roads.
CITY OF NOVI, CODE OF ORDINANCES, Section 3004 (3), "Temporary Use Permits" states: "The Building Official, or his designee, shall have the power to grant permits authorizing temporary special land uses for…temporary buildings…not to exceed two (2) years in undeveloped sections of the City.
Petitioner withdrew the case from consideration. Petitioner has sold the lot and will be moving the construction trailer and applying for a new temporary special exception permit.
1. Rules of Procedure: The Board moved to approve the Rules of Procedure document with two minor formatting changes.
Motion Carried: 7-0
Meeting Adjourned 8:34 p.m.
NOTICE: People with disabilities needing accommodations for effective participation in this meeting should contact the Community Development Department (248) 347-0415 at least seven working days in advance of the meeting. An attempt will be made to make reasonable accommodations.