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ZONING BOARD OF APPEALS ACTION SUMMARY
Roll call Members Bauer, Burke, Fischer, Ghannam, Ibe, Krieger, Sanghvi and Shroyer
Present: Member Bauer, Burke, Fischer, Ghannam, Ibe, Krieger, Sanghvi and Shroyer
Also Present: Beth Kudla, City Attnorney; Charles Boulard, Building Official; Steve Rumple, Community Development Director
Pledge of Allegiance: Member Shroyer
Approval of Agenda: Approved as submitted.
Public Remarks: None
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: MOTION TO APPROVE THE REQUEST FOR THE SIGN VARIANCE BASED ON CIRCUMSTANCES OR FEATURES THAT ARE EXCEPTIONAL AND UNIQUE TO PROPERTY AND DO NOT RESULT FROM CONDITIONS THAT EXIST GENERALLY IN THE CITY OR SELF CREATED. FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY. THE GRANTING OF THE RELIEF WILL NOT RESULT IN USE OF STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERES WITH THE ADJACENT OR SURROUNDING PROPERTIES.
Motion Carried: 7-0
Motion Maker: Member Krieger
1. Case No. 08-060 Filed by Robert Waters of Lloyd Waters & Associates for Bella Terra located north of Nine Mile Road and west of Garfield Road
Robert Waters of Lloyd Waters and Associates is requesting one twenty-one square foot sign variance for an oversized entranceway sign erected without a permit located at the intersection of Nine Mile Road and the east side of Torino Drive for the Bella Terra Subdivision. The property is zoned R-A and located north of Nine Mile Road and west of Garfield Road.
CITY OF NOVI, CODE OF ORDINANCES, Section 28 – 5 (2) d. 1. Entranceway Sign states the maximum area for an entranceway sign is twenty-four (24) square feet.
IN CASE NO. 08-060: MOTION TO APPROVE THE REQUEST FOR THE EXTRA 21 SQUARE FEET ON THE SUBDIVISION ENTRANCEWAY SIGN FOR A TOTAL OF 45 SQUARE FEET. THE REQUEST IS BASED UPON CIRCUMSTANCES OR FEATURES THAT ARE EXCEPTIONAL TO THE PROPERTY. THE FAILURE TO GRANT RELIEF WOULD UNREASONABLY LIMIT THE USE OF THE PROPERTY AND WOULD RESULT IN SUBSTANTIALLY MORE THAN A MERE INCONVENIENCE OR AN INABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN. IT WILL NOT RESULT IN A USE OF A STRUCTURE THAT IS INCAPABLE WITH OR UNREASONABLY INTERFERES WITH THE ADJACENT OR SURROUNDING PROPERTIES. WOULD RESULT IN SUBSTANTIAL JUSTICE BEING DONE TO BOTH THE APPLICANT AND ADJACENT AND SURROUNDING PROPERTIES; AND IT IS NOT INCONSISTENT WITH THE SPIRIT OF THE ORDINANCE. THIS IS PROVIDED THAT THE APPLICANT STAYS WITH A MAXIMUM OF ONE SIGN.
Motion Carried: 7-0
Motion Maker: Member Burke
2. Case No. 08-0-61 Filed by Robert Slack of Ace Family Hardware located east of Novi Road and south of Nine Mile Road
Robert Slack of Ace Family Hardware is requesting approval for placement of an outdoor propane exchange rack on the west elevation of the building at 22104 Novi Road in the Oakpointe Plaza. The property is zoned I-1, is subject to a consent judgment that makes the regulations of the B-1 District applicable to the property and is located east of Novi Road and south of Nine Mile Road.
CITY OF NOVI, CODE OF ORDINANCES, Article 13, Section 1303.1, B-1 Local Business District
Required conditions states all business shall be conducted within a completely enclosed building.
IN CASE NO. 08-061 THE BOARD MOVED TO TABLE THIS MATTER UNTIL SUCH TIME THAT WE GET CLARIFICATION FROM THE FIRE DEPARTMENT AND BUILDING DEPARTMENT ON OTHER LOCATIONS WHERE THE RACK CAN BE PLACED, BE IT ON THE SOUTH SIDE OR THE EAST SIDE OR OUT IN BACK; WHAT THE DEFINITIONS ARE FOR THE FIRE LANE ARE BEHIND THE BUILDING; WHAT CONSTITUTES THE FIRE LANE AND HOW THE PROPER PLACEMENT IN THE REAR OF THE BUILDING WOULD BE? ALSO, PENDING APPROVAL OF CVS, THE OWNER OF THE PROPERTY.
Motion Carried: 7-0
Motion Maker: Member Burke
3. Case No. 08-062 Filed by Jeff Lemanski for Grubb & Ellis for 41000 Bridge Street located north of Eleven Mile Road and east of Meadowbrook Road
Jeff Lemanski of Grubb & Ellis is requesting 2 variances for a 7’ x 9’, 63 square foot real estate advertising sign to be located at 41000 Bridge Street. The petitioner is requesting a variance for 5 feet in height and 47 square feet in area. The property is zoned I-1 and located north of Eleven Mile Road and east of Meadowbrook Road.
CITY OF NOVI, CODE OF ORDINANCES, Section 28 – 6 (4) Temporary signs states that sales, rental or lease signs which identifies the sale, rental or lease of the non-residential property upon which the sign is located shall measure no greater than 16 square feet in area and no more than 10 feet in height.
IN CASE NO. 08-062 MOTION TO GRANT THE PETITIONER REQUEST BASED ON CIRCUMSTANCES AND FEATURES THAT ARE EXCEPTIONAL TO THIS PROPERTY GIVEN THE FRONTAGE ON THE HIGHWAYS; FAILURE TO GRANT RELIEF WILL UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AS IT WOULD BE VERY HARD TO MARKET THIS PARCEL AND WOULD RESULT IN A SUBSTANTIALLY MORE THAN A MERE INCONVENIENCE OR INABILITY TO ATTAIN A HIGHER ECONOMIC OR FINANCIAL RETURN; LASTLY THAT THE GRANTED RELIEF WOULD NOT RESULT IN A USE OF STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERES WITH THE ADJACENT PROPERTIES, GIVEN THE FACT THAT IT IS ON A HIGHWAY AND THE SPEED AND SAFETY CONSIDERATIONS THERE OF. IT IS NOT INCONSISTENT WITH THE SPIRIT OF THE ORDINANCE. THIS APPROVAL IS FOR 18 MONTHS.
Motion Carried: 5-2
Motion Maker: Chairman Fischer (Yes: Burke, Ibe, Krieger, Sanghvi, Fischer) (No: Bauer, Shroyer)
Meeting adjourned at 8:02 PM.