CHARTER TOWNSHIP OF NORTHVILLE Zoning Board of Appeals October 17, 2018

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1 CHARTER TOWNSHIP OF NORTHVILLE Zoning Board of Appeals October 17, 2018 DATE: October 17, 2018 APPROVED: November 14, 2018 TIME: 7:00 P.M. PLACE: Northville Township Hall Six Mile Road CALL TO ORDER: 7:00 P.M. ROLL CALL: Present: Excused: Brian Doren, Symantha Heath, Joseph LoPiccolo, Gary Sixt, Paul Slatin Eric Lark, Paul Smith Staff: Jennifer Frey, Township Planner Township Planner Frey confirmed that all property owners within 300 feet of tonight s petition had been notified. Approval of Minutes: Zoning Board of Appeals September 19, 2018 MOTION by LoPiccolo, support by Heath, to approve the minutes from the Zoning Board of Appeals meeting of September 19, Voice Vote: Ayes: All Other Minutes: Board of Trustees September 20, 2018 MOTION by Heath, support by LoPiccolo, to receive and file the minutes from the Board of Trustees Meeting of September 20, Voice Vote: Ayes: All Chair Slatin made standard introductory remarks explaining the role of the ZBA and the formal procedures of the meeting. Chair Slatin noted that there were five board members in attendance and that four votes would be required to pass any motions. He also noted that all variance requests approved would be valid for one year. Charter Township of Northville Zoning Board of Appeals October 17,

2 Petitions: 1. PZON Matthew Amin, Property Owner Location: Northville Road, Omelette & Waffle Cafe (Parcel ID# ) Request: A variance request to Chapter F.(1) Signs, to retain the existing sign location which encroaches into the road right of way. Beth Powers, Signarama, Grand River, Wixom, MI and Matthew Amin, property owner at Northville Road, were present to represent the request. Ms. Powers introduced the variance request to retain the previous sign location, which encroached into the road right-of-way. She believed the variance from the setback was about 7 feet. They had provided pictures of the stand-alone sign and location. The sign would display the name of the property clearly as currently the business was difficult to see for drivers. It was common for people to drive by the location and then have to turn around and return to find the building. Mr. Amin reported that they planned to use the existing concrete slab where there used to be a 15-foot pylon pole. Ms. Powers affirmed that the new sign would be shorter and conform to the size and lighting requirements as well as all other parts of the ordinance. Mr. Amin confirmed that the previous building use was also a diner. Chair Slatin questioned whether this was simply a matter of setback or whether the right-of-way was impacted. Referencing the documents provided, Township Planner Frey noted that the sign would encroach into the right-of-way. Normally there would be a setback, a green belt, parking, and then a place to put the sign. The property was non-conforming and to bring everything into compliance would require significant changes to the building and parking. Typically, the sign would be required to be 10 feet from the right-of-way. Ms. Powers responded to a question from Member LoPiccolo to state that the edge of the sign was 31 feet from the edge of the road and 45 feet from the center of the road. Chair Slatin confirmed that in order to meet the ordinance, the sign would have to be moved the amount of space it was currently encroaching into the right-of-way plus an additional 10 feet. Township Planner Frey agreed, noting that the visibility of the sign would then be much reduced, as it would be within 6 feet of the building and between 2 parking spaces. Chair Slatin opened the public hearing at 7:11 P.M. Seeing that no one came forward to speak, he closed the public hearing at 7:11 P.M. Charter Township of Northville Zoning Board of Appeals October 17,

3 Township Planner Frey stated that no correspondence had been received regarding this petition. MOTION by Doren, support by Heath, that the Zoning Board of Appeals approve Petition PZON , for property owner Matthew Amin at Northville Road, the Omelette & Waffle Cafe (Parcel ID# ), a variance request to Chapter F.(1) Signs, to retain the existing sign location which encroaches into the road right-of-way under the following conditions: 1. If Wayne County or the Township make improvements in the Northville Road right-ofway, the ground sign may have to be relocated at that time and relocation would be at the owner s expense. 2. The new sign shall comply with all other current sign standards and requirements for the district. 3. A complete plan review and applicable permits must be obtained from the Township building department before construction begins. 4. A permit for work in the right-of-way must be obtained from Wayne County, if applicable. Member Doren noted that the motion to approve was based on the fact that the properties along Northville Road were uniquely situated and that compliance with the setback requirements for signage at these properties would be extremely difficult. The Board had previously granted similar requests to properties along Northville Road and the petitioner had indicated that they fully intended to comply with the provisions of the sign ordinance in terms of its character, which previous signs did not. Roll Call Vote: Ayes: Doren, Heath, LoPiccolo, Sixt, Slatin 2. PZON Erin Michaels & John C. Schalliol, Petitioners McDonald s USA, LLC, Property Owner Location: Five Mile Road (Parcel ID# ) Request: A variance request to Chapter G.(10) Wall Signs, to allow for three wall signs when only one wall sign is permitted. Shawn Smith, 6001 Nimtz Parkway, South Bend, Indiana 46628, was present to represent the case on behalf of his associate, Mr. Schalliol. Mr. Smith explained that this request was a part of a massive modification to their existing structure, with a change in elevation in order to bring their presence back into the community. They wished to retain the golden arches that weren t represented on the building currently. The front elevation would have the name McDonalds and the golden arches ( M ). The right side or east elevation, with the customer entryway, would also have the golden arches ( M ). He felt the impact of the request for three wall signs was minor in area and not a significant request in terms of the percentage of coverage area. He also noted that the side elevation was highly Charter Township of Northville Zoning Board of Appeals October 17,

4 visible from the 5 Mile. Mr. Smith then submitted a packet to the Board as an addendum to the packet previously submitted and included some minor modifications. Referencing this document, he described the placement of the three signs being requested. The site was unique in nature with a oneway right turn in, right turn out drive. As there were no cross-access easements, it was only accessible from 5 Mile Road, close to the Interstate. The M would be square feet and the McDonalds would be about 33 square feet, or a total of about 6.5% of the coverage area. They felt that they were meeting the intent of the ordinance by not occupying more space on the façade in a garish manner. The additional M on the side elevation acted as a counter balance and would occupy less than 1% of the coverage area. Connor s Family Dining was about 300 feet from their property and somewhat similar, with two building signs. Connor s had a corner entry and were on the end cap of a shopping plaza. This similarity showed that McDonald s request for multiple signs was not uncommon because in a commercial corridor, people expected signage. Member Heath confirmed that the petitioner could request two signs from the Planning Commission without the need for a variance. Township Planner Frey explained that this proposal included a total of three signs: two signs that exceeded the size permitted on the front and a sign on the side, which was not allowed by the ordinance. By ordinance, the front elevation could have a sign area of up to 43.2 square feet based on the linear frontage of 36 feet. Per the ordinance, sign area is calculated as the area contained within the outer limits of all signage which for this proposal equates to 126 square feet. Measured individually, the two proposed signs on the front elevation are a total of square feet. Member Doren asked about the existing pole sign. Mr. Smith stated that it was a legally grandfathered sign that would not be updated. Their intent was to reintroduce themselves and to bring back the iconic message of the golden arches. The front elevation had obstructed visibility with the existing tree canopy and the building setback. Most traffic would be driving past the east elevation. The new signage would give some advanced notification to the motoring public. Member Doren noted that they had the pole sign out front, were asking for a big sign on the front elevation, and a sign on the east elevation that would be seen from the roadway. He felt that the sign on the east elevation would principally be for someone already in the parking lot. Mr. Smith stated that the pylon sign s role was to guide the motoring public to the entry. Wall signs also helped with navigation, and, in addition, they helped pedestrian traffic and the interior navigation to direct the public to the customer entry points. The M on the east side would be over the customer entry point but it did also have some visibility to the roadway. Charter Township of Northville Zoning Board of Appeals October 17,

5 Member Sixt asked about the entrance on the west side of the building. Mr. Smith noted that there was no need for a sign on the west side because it was obstructed by neighboring businesses and the building entrance was by the drive through lane and was primarily used to bring people their meals. They would be willing to discuss the possibility of only requesting two signs - the arches on the front and side elevations. The two signs would each occupy square feet. They would prefer to have the golden arches rather than McDonalds. Member Sixt noted that he would not have any difficulty finding the entrance once he was in the parking lot and that the pole sign already signified the entrance to the property. Mr. Smith noted that the M above the doorway was an iconic sign that would be used instead of a window graphic. The sign wouldn t need a script and would guide people into the business. Responding to questions from Member Heath about the uniqueness of the situation, Mr. Smith stated that the difference for their property was the building setback. They were in a narrow, deep, interior parcel. The car wash to the west had less traffic. Additionally, unlike the car wash, McDonalds was an impulse stop and not necessarily a planned destination. 20% of the population using McDonalds would be moving in, moving out, or passing through. They were trying to make the navigation into the property the most efficient and effective possible for the public. Member Doren noted that the petitioner could reconfigure the signage on the front elevation to meet the dimensional criteria of the ordinance. Mr. Smith stated that the spacing between the M and the McDonalds was purposeful to keep the logo and name uncluttered and separate. Putting them together to fit the ordinance would diminish the message. They would prefer to eliminate McDonalds and just retain the two golden arches one on front and one on the east elevation but they would still need to get permission for those two signs. Township Planner Frey stated that if the request was modified to only two signs, the authority would shift to the Planning Commission because they had the discretion to approve a second wall sign. Mr. Smith said that in that case, he respectfully requested that the Board make a positive recommendation to the Planning Commission. A discussion followed regarding procedure. The consensus of the Board was that they were not inclined to grant the variance request for three signs but that the two M signs seemed reasonable. However, a formal recommendation to the Planning Commission would not be procedurally appropriate. Chair Slatin asked about the pole sign and Township Planner Frey confirmed that if the sign were damaged or changed, it would need to be brought into compliance. Charter Township of Northville Zoning Board of Appeals October 17,

6 Chair Slatin opened the public hearing at 7:48 P.M. John Lorentzen, Harris Road, Chesaning, MI, came forward in support of the petition, as an area construction manager for McDonalds. The location of the signs was specific to their branding efforts with colors designed to help promote their brand. They had two brand walls built into the design that was characteristic of their remodeled buildings. The sign on the east side would help direct customers to the entrance. Without that signage, the east side would look like a void. He wondered what the best way forward would be in terms of process. Township Planner Frey stated that a denial from the ZBA would support the petitioner s position moving forward with the Planning Commission because the petitioner would then present a modified plan. Chair Slatin noted that the Board felt comfortable with the two M signs. The petitioner had stated that the McDonalds sign was not as critical. The Planning Commission reviews requests for two signs and they would have access to the ZBA minutes. Chair Slatin closed the public hearing at 7:54 P.M. MOTION by Heath, support by LoPiccolo, that the Zoning Board of Appeals deny Petition PZON , a variance request to Chapter G.(10) Wall Signs, to allow for three wall signs when only one wall sign is permitted. Roll Call Vote: Ayes: Doren, Heath, LoPiccolo, Sixt, Slatin Motion to DENY approved unanimously. Township Planner Frey informed Mr. Smith as to the next Planning Commission meeting and the steps he would need to take to be put on the agenda. Chair Slatin summarized some of the information and discussion. The ordinance would permit a sign of 43.2 square feet on the front elevation. Each M sign that was being requested was 14.5/15 square feet. And while one of the signs was on the east elevation, the two signs that would be requested of the Planning Commission were very reasonable relative to the area allowed on the front and east elevations. Other Business None. Department Reports Township Planner Frey informed the Board that one application had been submitted for the November meeting. She also gave an update on the status of the 6 Mile tree planting project. Public Comments and Questions Charter Township of Northville Zoning Board of Appeals October 17,

7 None Adjournment: 8:10 P.M. MOTION by Heath, support by LoPiccolo, to adjourn the October 17, 2018 Zoning Board of Appeals meeting. Voice Vote: Ayes: All Charter Township of Northville Zoning Board of Appeals October 17,

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