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REGULAR MEETING - ZONING BOARD OF APPEALS
CITY OF NOVI
TUESDAY, JANUARY 10, 2006

Proceedings had and testimony taken in the matters of the ZONING BOARD OF APPEALS, at City of Novi, 45175 West Ten Mile Road, Novi, Michigan, Tuesday, January 10, 2006.

BOARD MEMBERS
Cynthia Gronachan, Chairman
Justin Fischer
Tim Shroyer
Gerald Bauer
Linda Krieger
Mav Sanghvi

ALSO PRESENT:
Don Saven, Building Department
Shannon Ozga, City Attorney
Alan Amolsch, Ordinance Enforcement
Gail Backus, ZBA Recording Secretary

REPORTED BY:
Machelle Billingslea-Moore, Certified Shorthand Reporter.

 

1 Novi, Michigan

2 Tuesday, January 10, 2006

3 7:30 p.m.

4 - - - - - -

5 MEMBER FISCHER: I would like to

6 call to order the Tuesday, January 10th, 2006,

7 City of Novi Zoning Board of Appeals meeting.

8 Ms. Backus, could you please

9 call the roll.

10 GAIL BACKUS: Member Bauer?

11 MEMBER BAUER: Present.

12 GAIL BACKUS: Member Canup is

13 absent excused.

14 Member Fischer?

15 MEMBER FISCHER: Present.

16 GAIL BACKUS: Member Gronachan?

17 MEMBER GRONACHAN: Here.

18 GAIL BACKUS: Member Krieger?

19 MEMBER KRIEGER: Here.

20 GAIL BACKUS: Member Sanghvi?

21 MEMBER SANGHVI: Here.

22 GAIL BACKUS: Member Shroyer?

23 MEMBER SHROYER: Here.

24 MEMBER FISCHER: There is a

 

3

 

1 quorum present. The meeting is now in session.

2 I would like to go over a

3 couple of rules of conduct. Please turn off

4 all cell phones and pagers. And also please

5 be reminded that individuals will five

6 minutes to address the Board; groups will

7 have ten. There are a couple other rules of

8 conduct on the agenda; please do look over

9 them.

10 The Zoning Board of Appeals is

11 a Hearing Board empowered by the City of

12 Novi Charter to hear appeals seeking

13 variances from the application of the Novi

14 Zoning Ordinance. It takes a vote of at

15 least four members to approve a variance

16 request and a vote of the majority present

17 to deny a variance.

18 Tonight, we do have a full

19 Board, so all decisions will be final.

20 Are there any changes to the

21 agenda?

22 Ms. Backus?

23 GAIL BACKUS: Yes.

24 Case Number, 05-109 filed by

 

4

 

1 Thurber Building Company, they called me

2 this morning requesting that their case be

3 withdrawn.

4 MEMBER FISCHER: Okay.

5 That case is withdrawn.

6 Member Sanghvi?

7 MEMBER SANGHVI: Thank you,

8 Mr. Chairman.

9 I just wonder whether you want

10 to approval of the Minutes? We didn't -- we

11 haven't had an opportunity to look at them.

12 MEMBER FISCHER: I would agree.

13 We can take approval of

14 Minutes off, because we just received those

15 tonight. We'll look at the December Meeting

16 Minutes at February.

17 MEMBER SANGHVI: Thank you.

18 MEMBER FISCHER: Mr. Saven?

19 MR. SAVEN: Yes, Mr. Chairman.

20 There's also -- I'd like to

21 have on the agenda under other matters, an

22 issue regarding a variance which was granted

23 for 1321 West Lake Drive. Basically has to

24 deal with -- sorry. I got to get turned on

 

5

 

1 here -- basically has to deal with an

2 extension of 60 days for obtaining a permit.

3 It's basically due to the MDEQ and the

4 permitting time it takes to get a sanitary

5 extension permit.

6 MEMBER FISCHER: We'll go ahead

7 and look at that under other matters at the end

8 of the meeting.

9 Any other changes?

10 MEMBER BAUER: A later should be

11 noted we received from Chris Szelap.

12 MEMBER FISCHER: Yeah, if --

13 during Public remarks, maybe can have our

14 secretary look at that and read it for the Board.

15 MEMBER BAUER: Thank you.

16 MEMBER FISCHER: Any other

17 changes to the agenda?

18 Seeing none, I'll entertain a

19 Motion to approve as amended.

20 MEMBER BAUER: So moved.

21 MEMBER FISCHER: All in favor

22 say aye?

23 BOARD MEMBERS: Aye.

24 MEMBER FISCHER: We have an

 

6

 

1 agenda.

2 At this point, I'd like to

3 open the meeting to the public remarks

4 section of the meeting.

5 Is there anyone who would like

6 to make comments on a case that is not in

7 front of the Board tonight, please come

8 forward.

9 MS. SZELAP: We are Chris and

10 Ed Szelap. And you probably received our

11 letter and our picture. And we're not here

12 to asking for anything. We're just back to

13 say Happy New Year, and we wanted say thank

14 you very much for what you did for us seven

15 months ago in granting our variance.

16 The first time we tried, we

17 did not get it. But you all were very

18 professional and helpful in trying to tell

19 us, as Cynthia said, to go back to the

20 drawing board in a very nice, professional

21 way, which we did.

22 And we tried again the next

23 month, and were granted the variance, and

24 we're very pleased, because we were able to

 

7

 

1 make our dream of remodeling happen. And

2 that was really something we wanted to do.

3 We love the City of Novi and wanted to stay

4 there.

5 We also want to say to other

6 Novi residents -- I know sometimes the

7 Zoning Board and the Building Department and

8 everybody else get, what you might call, a

9 bad rap. And we would We would like to say

10 that you all were very professional, dealing

11 with Mr. Saven and the Building Department;

12 dealing with John Wagen; dealing with Gail,

13 everybody was just super for us, and we just

14 wanted to come here tonight and tell you to

15 start your year off, that we think you do a

16 super job.

17 And thank you very much.

18 MR. SAVEN: Thank you.

19 MEMBER GRONACHAN: Wow, thank

20 you.

21 MR. SZELAP: Yeah, I really

22 have to say, being a builder myself and

23 dealing with a lot of different communities;

24 I've always heard that Novi is a hard place

 

8

 

1 to deal with. And I have to say that really

2 dealing with the Building Department on my

3 end of it was one of the best experiences

4 I've ever had working with City Officials.

5 MEMBER FISCHER: Well, we

6 appreciate that.

7 We know what a great guy Don

8 Saven is, but we appreciate the compliments,

9 as well.

10 So thank you.

11 MEMBER BAUER: He's the best.

12 MEMBER FISCHER: Here, here.

13 MS. SZELAP: Thank you very

14 much.

15 MEMBER FISCHER: Thank you.

16 MEMBER GRONACHAN: Thank you for

17 taking the time and coming out tonight. It's

18 very nice.

19 Thank you.

20 MEMBER FISCHER: Yes.

21 And the letter from January

22 9th -- given that that was from -- okay.

23 The letter we received was from the lady and

24 gentleman who just spoke, so we will take

 

9

 

1 that off.

2 Also, given the appropriate

3 time, Mr. Saven, if you would like to

4 introduce --

5 MR. SAVEN: Yes, I would.

6 Thank you.

7 Members of the Zoning Board of

8 Appeals, I'd like to introduce Shannon Ozga

9 from Secrest Wardel's Office who will be our

10 attorney at this time and possibly down the

11 road, too. I want to welcome her aboard.

12 This is a -- I've already forwarned her

13 about the conditions here on the Board; the

14 toughness that we deal with; and she's very

15 well aware of what needs to be done.

16 But I would like to welcome

17 her to the Board.

18 Thank you.

19 MEMBER GRONACHAN: Welcome.

20 MS. OZGA: Thank you very much.

21 MEMBER FISCHER: I agree.

22 Thank you for joining us

23 tonight.

24 And also we have another

 

10

 

1 addition to our Board. Tim Shroyer was

2 appointed by City Council, and so I'd like

3 everybody to welcome him. And I'm sure

4 he'll be a great addition, with some

5 previous experience on the Planning

6 Commission; if that's correct. So welcome,

7 and we look forward to working with you, as

8 well.

9 So I'll close the Public

10 Remarks section of the meeting, seeing no

11 other persons for us, and we'll move to the

12 first case on the agenda.

13

14 Which is Case Number: 05-095,

15 filed by David Knipper for McNish Sports,

16 45283 Grand River.

17 Please step forward.

18 The Petitioner is requesting

19 permission to reface a business center sign

20 at said address.

21 MR. KNIPPER: Good evening,

22 everyone. My name is David Knipper from

23 McNish Sports, 45283 Grand River.

24 As your agenda indicates,

 

11

 

1 we're seeking this variances.

2 MEMBER FISCHER: And, sir, were

3 you sworn in last month?

4 MR. KNIPPER: Yes, I was.

5 MEMBER FISCHER: Okay.

6 MR. KNIPPER: Okay.

7 MEMBER FISCHER: Then I'll just

8 note that that still stands.

9 MR. KNIPPER: Sorry.

10 MEMBER FISCHER: Please

11 continue.

12 MR. KNIPPER: Each of you, I

13 believe, through Gail, should have a copy of

14 the sign that's currently erected in front

15 of our facility, and we're seeking your

16 concurrence with that business center sign.

17 MEMBER FISCHER: Thank you very

18 much.

19 And as Board Members will

20 remember, this case was tabled from the

21 January 10th(sic) meeting, and we did

22 receive a new mock up tonight.

23 If anyone didn't receive it,

24 please let me know.

 

12

 

1 In this case, there were 22

2 notices mailed; zero approvals, zero

3 objections. And given that there's no new

4 material, there was no new notices sent this

5 month.

6 Is there anyone in the

7 audience who would wish to comment on this

8 case?

9 Seeing none, I'll ask the

10 Building Department for any comments?

11 MR. AMOLSCH: No comments.

12 MR. SAVEN: It was a desire of

13 the Board to have a more -- more information

14 regards to the type of signage and the verbiage

15 that was going to be on the sign.

16 MEMBER FISCHER: Thank you,

17 Mr. Saven.

18 And I'll open it for Board

19 discussion.

20 Member Krieger?

21 MEMBER KRIEGER: Yes.

22 The size, could you tell me

23 the square footage of this?

24 MR. KNIPPER: Say that again,

 

13

 

1 please?

2 MEMBER KRIEGER: The square

3 footage, what is it of this?

4 MR. KNIPPER: It does meet --

5 it's exactly the same as the existing sign,

6 which meets all of the specifications of the

7 City of Novi.

8 MEMBER KRIEGER: So 32 square

9 feet?

10 MR. KNIPPER: And Alan, maybe

11 you can help me, but is it four by six, I

12 believe?

13 MR. AMOLSCH: It's eight by

14 four, actually.

15 MR. KNIPPER: Eight by four.

16 It's eight by four.

17 Thank you.

18 MEMBER KRIEGER: Okay.

19 I find that it's the -- a more

20 informational sign -- information that we've

21 gotten here from the Albers, and I'd had be

22 willing to support it, if I could make a Motion

23 for discussion?

24 MEMBER FISCHER: Please do.

 

14

 

1 MEMBER KRIEGER: Okay.

2 In Case Number: 05-095, filed

3 by David Knipper for McNish Sports at 45283

4 Grand River; property is located east of

5 Taft Road and on south side of Grand River.

6 I move to accept the one sign

7 variance as submitted and proposed here

8 tonight with the information here; and told

9 to allow a business center sign for Albers

10 Commerce Center located at 45283 Grand

11 River.

12 MEMBER SANGHVI: Second.

13 MEMBER FISCHER: There is a

14 Motion and a second on the table.

15 Any further discussion?

16 Ms. Backus, will you please

17 call the roll.

18 GAIL BACKUS: Member Krieger?

19 MEMBER KRIEGER: Yes.

20 GAIL BACKUS: Member Sanghvi?

21 MEMBER SANGHVI: Yes.

22 GAIL BACKUS: Member Bauer?

23 MEMBER BAUER: Yes.

24 GAIL BACKUS: Member Fischer?

 

15

 

1 MEMBER FISCHER: Aye.

2 GAIL BACKUS: Member Gronachan?

3 MEMBER GRONACHAN: Yes.

4 GAIL BACKUS: And Member

5 Shroyer?

6 MEMBER SHROYER: Yes.

7 GAIL BACKUS: Motion passes six

8 to zero.

9 MEMBER FISCHER: Your variance

10 has been granted. Good luck. Please see the

11 Building Department.

12 MR. KNIPPER: Thank you,

13 everyone, very much.

14 MEMBER FISCHER: Member

15 Gronachan?

16 MEMBER GRONACHAN: Chairman

17 Fischer, I'm going to ask if -- due to the

18 unforeseen circumstances that are taking out --

19 taking up in our atrium -- in case people at home

20 are hearing the background noise or whatever. We

21 have a lot of singing going on; feels like the

22 Morman Tabernacle Choir is out there. So if

23 everybody could speak up a little bit more into

24 the mic -- for the Petitioners as well as the

 

16

 

1 Members -- I think it would help, keep things

2 going.

3 MEMBER FISCHER: I agree. Not

4 only for the people at home, but for myself, as

5 well. And I know that the Petitioners sometimes

6 can be hard to hear in here without the

7 distractions.

8 MEMBER GRONACHAN: And if I'm

9 gone in a few minutes, I'm out there singing.

10

11 MEMBER FISCHER: Moving right a

12 long, we'll move to Case Number 05-100, filed by

13 Will Hicks for National City Bank.

14 Is the Petitioner here?

15 Okay. Please come forward.

16 The Petitioner is requesting

17 three sign variances at 48648 Grand River

18 Avenue. This is east of Wixom and north of

19 Grand River.

20 And Board Members, as you will

21 remember, this was also tabled from

22 December.

23 MR. HICKS: Is there any way

24 to turn that on up there? Do I have to do

 

17

 

1 it here?

2 MEMBER FISCHER: If you just set

3 whatever it is on the overhead, then they should

4 turn it on in the back.

5 MR. HICKS: Okay, great.

6 Thank you very much.

7 MEMBER FISCHER: And you were

8 both sworn in last time?

9 MR. HICKS: Yes, sir.

10 MEMBER FISCHER: Once again,

11 that will stand for this meeting, as well.

12 MR. HICKS: Okay.

13 Thank you.

14 MEMBER FISCHER: Please proceed.

15 MR. HICKS: Okay.

16 Good evening. We were here

17 last month going for a variance for three

18 signs, two wall signs, as well as a monument

19 sign off of West Twelve Mile.

20 From that meeting, there was a

21 couple of different comments that, you know,

22 was kind of unsure of what the Board wanted

23 to see in terms of signage -- what they

24 would agree to approve. There was a comment

 

18

 

1 that the two wall mounted signs, if we could

2 locate one on the front of the building, as

3 well as one on the back of the canopy.

4 What I've placed on your

5 desk -- I don't know if you guys had the

6 copy of it -- were the three options that we

7 had spoken about the last meeting.

8 Option one, was the original

9 option that I have up on the screen here,

10 which depicts the two wall mounted signs,

11 both to be 20 square feet; as well as the

12 monument sign, which would be off of West

13 Twelve Mile. The size of the sign would

14 match what was already approved for the

15 ground sign along Grand River Avenue, which

16 would be approximately 32 square feet.

17 The reason for option one with

18 the ground sign, basically is because if you

19 look at our site here, you have a couple of

20 curb cuts along West Twelve Mile. I did

21 travel that road tonight before the meeting,

22 and I noticed that it is very dark. And you

23 know, it would be great for National City

24 and for customers of National City to be

 

19

 

1 able to locate the curb cut along West

2 Twelve Mile; for the reason being, that

3 along Grand River, you only have the right

4 in right out only heading eastbound.

5 So most of your traffic

6 heading eastbound on Grand River will be

7 making a left hand turn onto West Twelve

8 Mile, and making the right hand turn into

9 the site. Also, if you take a look at an

10 extended view, zoomed out, you'll notice

11 that this whole area up to this plaza here

12 is all vacant. The same gentleman that sold

13 the property over to National City informed

14 us at the beginning that he will be

15 eventually selling off these lots in which,

16 in our opinion, would most likely have exits

17 onto West Twelve Mile.

18 I do understand that down

19 here, they've basically cut that off; but,

20 it still would be a great indicator for

21 National City to have that sign back there

22 along West Twelve Mile to further aid their

23 customers.

24 Now option two, what we did

 

20

 

1 was, we took one of the wall mounted signs

2 that was located on the entrance of the

3 building here, and what we did was we took

4 that off and proposed it on the rear of the

5 canopy here. It was a question that the

6 committee wanted to see what it would look

7 like from the street, if it were placed on

8 the canopy. So I wanted to give you that

9 option.

10 Also with this option, we're

11 proposing in this location here, a reduced

12 monument sign or ground sign to

13 approximately 20 feet; because there was a

14 concern with the monument sign, and possibly

15 the size of the sign off of West Twelve

16 Mile.

17 With option three, basically

18 what we're doing is, we're proposing the two

19 wall signs, again 20 square feet, with the

20 reduced monument sign off of West Twelve

21 Mile. Now the reason for the two monument

22 -- or the two wall signs to be located in

23 the entrance of the building is purely for

24 directional purposes in, our opinion. We're

 

21

 

1 not looking for more visibility off of Grand

2 River at all. If we were, those signs would

3 be a lot bigger.

4 You're not really going to be

5 able to see them at all from Grand River,

6 due to the fact that there is an existing

7 berm that will be installed, as well as

8 landscaping around that area. Therefore,

9 any traffic located here in the parking lot,

10 will notice the National City sign in the

11 entrance. As well as any parking that

12 happens in the rear, cannot utilize this

13 area in order to get into the bank. They

14 will be heading this way along this

15 sidewalk; thus, utilizing this National City

16 sign as a locater to enter the building.

17 Again we're not trying to over

18 exceed or get more signage than what is

19 allowed. We're trying to make a

20 business-oriented look for the community,

21 for the City. We feel this best does that.

22 I'd be more than happy to take

23 any questions at this time, and again I

24 appreciate your consideration for this

 

22

 

1 variance.

2 MEMBER FISCHER: Thank you, sir.

3 In this case this month, there

4 were no new notices mailed. And last time

5 there were 14 notices; zero approvals, zero

6 objections.

7 Is there anyone in the

8 audience that wishes to comment on this

9 case?

10 Seeing none, I'll move to the

11 Building Department for any comments?

12 MR. AMOLSCH: No comment, sir.

13 MEMBER FISCHER: And I'll open

14 it up for Board discussion.

15 Member Gronachan?

16 MEMBER GRONACHAN: Good evening.

17 Welcome back.

18 MR. HICKS: Thank you.

19 MEMBER GRONACHAN: You brought

20 your song book with you?

21 MR. HICKS: Yes, ma'am.

22 Actually, I was out there

23 before --

24 MEMBER GRONACHAN: Okay, good.

 

23

 

1 MR. HICKS: -- singing a

2 couple.

3 MEMBER GRONACHAN: Oh.

4 You're going to need to help

5 me with this --

6 MR. HICKS: Okay.

7 MEMBER GRONACHAN: -- because

8 mine are not -- I've got option one, which just

9 for clarification purposes, you're asking for the

10 two front signs; the one back sign; and the

11 ground monument.

12 MR. HICKS: No. I'm only

13 asking for the two front signs and the

14 ground sign off of west Twelve Mile.

15 MEMBER GRONACHAN: Okay. So

16 that's just the three signs.

17 MR. HICKS: Yes, ma'am.

18 MEMBER GRONACHAN: The two at

19 the front and the one in the back.

20 MR. HICKS: Yes, ma'am.

21 They're all going to be only three signs.

22 MEMBER GRONACHAN: Okay.

23 MR. HICKS: I'm sorry.

24 MEMBER GRONACHAN: Okay.

 

24

 

1 So then in option two, we're

2 looking at the front sign, correct?

3 MR. HICKS: Yes, ma'am.

4 You had made the comment at

5 the last meeting --

6 MEMBER GRONACHAN: Yes.

7 MR. HICKS: If he could

8 possibly relocate the one sign which is on

9 the west side of the entrance to the canopy

10 to see what that would look like; in lieu,

11 and put -- in lieu of putting that in the

12 front. So we wanted to give you that look,

13 as well, to give you guys again just another

14 option.

15 MEMBER GRONACHAN: Well -- and I

16 appreciate the fact that you did a little

17 research and found out that, in fact, there is

18 going to be something going in at Twelve Mile --

19 there could be something going in at Twelve Mile;

20 which that was my concern.

21 MR. HICKS: Yes.

22 MEMBER GRONACHAN: Coming in off

23 of Twelve Mile, regardless if it's closed today,

24 later on down the road, it may not be; but

 

25

 

1 there's still going to be other businesses and

2 you're hoping that they're going to use your

3 business, because most people use a bank of some

4 sort.

5 MR. HICKS: Correct.

6 MEMBER GRONACHAN: And if it's

7 an office or whatever, that they have access or

8 identification for that; and that's what I was

9 looking for.

10 MR. HICKS: Yes, ma'am.

11 Also, If I could. The exist

12 --

13 MEMBER GRONACHAN: Well, let me

14 --

15 MR. HICKS: Again, I'm sorry.

16 MEMBER GRONACHAN: -- let me

17 just finish here with my clarification, so I get

18 my train of thought here.

19 So then in option three --

20 MR. HICKS: Option three is

21 the original option, except the monument

22 sign at the -- off of West Twelve Mile has

23 been reduced from 32 square feet to

24 approximately 20 square feet.

 

26

 

1 MEMBER GRONACHAN: Okay.

2 So my question to you is, if

3 we go with option two, which would be the

4 sign in the front and the sign in the back,

5 what is your opinion that you feel that you

6 need the monument sign? You don't feel that

7 people -- that this isn't overkill?

8 MR. HICKS: If you travel

9 along West Twelve Mile, that existing

10 business that is directly to the west of us;

11 once you pass that business -- because of

12 the landscape, the geometrics of that land,

13 by the time that you notice that National

14 City sign on the canopy, you're going to be

15 past the curb cut. Therefore, you're going

16 to have to pass it, turn around.

17 At this point, there's no

18 other curb cuts really along Twelve Mile,

19 except further on down the road. You're

20 going to have to turn around, come back, and

21 then go back into the bank.

22 MEMBER GRONACHAN: Okay.

23 MR. HICKS: We would prefer

24 not to put the National City sign on the

 

27

 

1 rear of the building, but it was a comment

2 from the Board, so we wanted you guys to

3 take a look at it.

4 MEMBER GRONACHAN: And I'll be

5 honest, I still favor that, especially now seeing

6 it.

7 MR. HICKS: Okay.

8 MEMBER GRONACHAN: Your comment

9 in regards to the monument that -- with this

10 landscaping, I think that -- your location or

11 your building is a bank.

12 MR. HICKS: Yes, ma'am.

13 MEMBER GRONACHAN: And most

14 people, if they're looking for a bank --

15 MR. HICKS: Uh-huh.

16 MEMBER GRONACHAN: They're going

17 to find it. And once they find it, they usually

18 -- they're repeat business. So they're -- it's

19 not like they're going to struggle to relocate,

20 to re-find.

21 MR. HICKS: Uh-huh.

22 MEMBER GRONACHAN: You know,

23 they come on a frequent, so it's kind of like a

24 destination location. So, the reason why I can't

 

28

 

1 support the original request, and I'm leaning

2 towards option two, is because, option two fully

3 meets the spirit of the Ordinance. It identifies

4 the building, both front and back. We're not

5 talking about look nice --

6 MR. HICKS: Uh-huh.

7 MEMBER GRONACHAN: -- just for

8 the sake of having National City up there. And

9 if there's any further development, because I

10 don't have a crystal ball, on Twelve Mile, it's

11 going to address that, and you're not going to be

12 back in front of this Board going, oh, gosh, gee

13 wiz -- which other people have done in the past

14 and said, you know, we didn't think this was

15 going to happen.

16 So I'm looking for the minimal

17 and the best operative here, without having

18 those two signs in the front. Now, if for

19 some reason people are driving down Grand

20 River and they just can't find you, then

21 when they come in, have them sign your

22 little petition; come back and see us. But

23 I don't think that those two National City

24 signs on the front are going to make the

 

29

 

1 difference.

2 MR. HICKS: Well, I think,

3 too, with my job that I have now, I do a lot

4 traveling. And there have been a lot of

5 times where I'm looking for certain

6 businesses that don't have enough signage

7 along streets. And which, you know, by the

8 time that I do notice where that sign is --

9 because it's so -- it's set back so far from

10 the road -- that -- you know, and we're --

11 I'm of not only customers that are in Novi;

12 but customers that do travel.

13 Because there's a lot of times

14 -- I mean, I travel probably 70 percent of

15 the time. And it's very frustrating to me

16 to have to drive somewhere, and have to turn

17 around come back. Especially at that

18 intersection. You know, obviously West

19 Twelve there's not a lot of traffic. But,

20 you know, a lot of other places there's a

21 lot of traffic and have to turn around;

22 sometimes, you know, you do lose a little

23 bit of time, so.

24 MEMBER GRONACHAN: And I

 

30

 

1 understand that and I hear what you're saying.

2 But like I said, I think at this point, that's --

3 for me, for this Board Member, I'm willing to

4 support option two.

5 And I'll wait to hear the rest

6 of -- from my other Board Members.

7 MR. HICKS: Thank you.

8 MEMBER GRONACHAN: Thank you,

9 Mr. Chair.

10 MEMBER FISCHER: Thank you,

11 Member Gronachan.

12 Member Bauer?

13 MEMBER BAUER: Are you still

14 going to have a monument sign on Grand River?

15 MR. HICKS: Yes, sir. That

16 has been approved.

17 MEMBER BAUER: That's a free

18 sign.

19 MR. HICKS: Pardon me, sir?

20 MEMBER BAUER: That's your free

21 sign.

22 MR. HICKS: Yes, sir.

23 MEMBER BAUER: You've answered

24 my question.

 

31

 

1 MEMBER FISCHER: Member Sanghvi?

2 MEMBER SANGHVI: Thank you,

3 Mr. Chairman.

4 This particular applicant

5 really raises three different issues.

6 Number one issue, whether there should have

7 more than one sign or not. And number two

8 issue is whether they should have a ground

9 sign; and then number three issue is whether

10 they should have wall signs; and if they

11 have wall signs, where.

12 And from the discussion so

13 far, I get a feeling that yes, they do need

14 more than one sign to identify this

15 business. The ground sign has already been

16 approved, from what I understand.

17 MEMBER GRONACHAN: On Grand

18 River, right.

19 MEMBER SANGHVI: So now we are

20 talking about the third one is the two wall

21 signs; and whether those two wall signs has

22 any value in identifying this business,

23 which is a bank. I don't know at this point

24 in time what is going to be status of the

 

32

 

1 Wixom Road bridge, and what -- how it is

2 going to change the topography in the

3 future. But if and when that happens, we

4 may have to look at this again.

5 In the meantime, if we

6 (unintelligible) on principal, A, that it

7 requires more than one sign; and the second

8 issue you is, whether they require two wall

9 signs. So that is what we are debating.

10 And looking at the topography of this place

11 and where the building is located, and the

12 way -- what has happened to Twelve Mile Road

13 already and what is likely to happen in the

14 future; to me, it appears quite reasonable

15 that these wall signs are also going to be

16 necessary to identify this business.

17 So I have no difficulty in

18 supporting their contention and their

19 application that it is essential to have all

20 these three signs.

21 Thank you.

22 MEMBER FISCHER: Thank you,

23 Member Sanghvi.

24 Other Board Members?

 

33

 

1 Member Shroyer?

2 MEMBER SHROYER: Thank you.

3 The first question I have is

4 for Mr. Saven, if I may.

5 I haven't had a chance --

6 since I got this this evening, I haven't

7 read it. I read it a couple years ago, but

8 I haven't read it since. Is there a

9 difference in signs permitted on a corner

10 lot compared to a regular lot with one

11 facing?

12 MR. SAVEN: I'll refer to our

13 sign expert here.

14 MEMBER SHROYER: Okay.

15 MR. AMOLSCH: On the corner of

16 two thoroughfares, two signs are permitted,

17 if they're wall signs. If they chose a

18 ground sign, that's the only sign that they

19 get.

20 MEMBER SHROYER: In place of the

21 two wall signs.

22 MR. AMOLSCH: But this is not

23 a corner lot. If it were, they would be

24 allowed to wall signs.

 

34

 

1 MEMBER SHROYER: I understand.

2 Okay, thank you.

3 The reason I was asking that,

4 is I like to look at this similar to a

5 corner lot, because you do have two roads.

6 They're not major thoroughfares, but

7 definitely there is two separate roads.

8 Most businesses only have the one. So I am

9 not opposed to additional signs, I'll start

10 out by saying that.

11 The second thing here, is --

12 Boy, they are loud out there,

13 aren't they.

14 If I remember correctly at the

15 last meeting, Member Canup indicated that

16 Twelve Mile basically was a dead-end road.

17 MR. HICKS: Correct.

18 MEMBER SHROYER: And so he was a

19 little concerned about, you know, why do we need

20 to have signage on that road. When I visited the

21 site last week or the week before last, it is a

22 dead-end road. There's a sign there that says

23 entrance to I-96 permanently closed.

24 And I agree with Member

 

35

 

1 Gronachan, that it's a bank. The first time

2 somebody goes, they're liable to get lost.

3 So if they're heading north on Twelve Mile

4 and they miss your entrance, they can't go

5 anywhere but turn around anyway. So

6 somewhere they're going to have to turn

7 around, come back and come in that entrance.

8 So I don't think that's a major

9 inconvenience. And they'll only do it once.

10 The next time, they'll know where the curb

11 cut is. So I am leaning very strongly

12 toward option two, as well.

13 I don't want to go to an

14 overkill; but I do think that more than one

15 sign is necessary.

16 So with that, I'll pass my --

17 my floor.

18 Thank you.

19 MEMBER FISCHER: Thank you,

20 Member Shroyer.

21 Other Board Members?

22 I'll go ahead and put my

23 comments on the record.

24 Member Gronachan, if I could

 

36

 

1 borrow that map again.

2 Now, the funny think about

3 giving a Board three options, is that it

4 seems like everybody's going to pick a

5 different one.

6 MR. HICKS: That's what I was

7 afraid of.

8 MEMBER FISCHER: Personally, I

9 will more less lean and agree with Member

10 Sanghvi. I'm in favor of option number three. I

11 see the need for the signs on Grand River, the

12 two wall signs. I believe that esthetically,

13 it's much more pleasing that just having the one,

14 I know that that was a comment earlier.

15 Number two, we're talking

16 about Grand River, which is a 50 mile per

17 hour road; which -- that's if people are

18 going 50; not 55 or 60, like Member

19 Gronachan, probably likes to go.

20 And also, I don't see a point

21 to the sign on the canopy, because as you

22 mentioned, if you're looking at this map,

23 that faces -- that sign would face Grand

24 River at about a 110, 120 degree angle,

 

37

 

1 where you were correct. You would be past

2 the curb cut before you saw that sign on

3 that canopy. I see it as clutter -- I'm

4 sorry, you're right. Twelve Mile. It faces

5 Twelve Mile at about 120 degrees. And it's

6 basically, pointing to nothing, if you ask

7 me. I see it as a waste. I see it as

8 clutter, and I can't see the point of that

9 sign and I cannot support that.

10 This is a very -- if you're

11 looking back to Grand River, it's a very

12 busy road, and it's going to become more

13 busy as the lots next to are developed.

14 It's going to become busier as Council

15 continues to give people going on Wixom and

16 Beck to get to the Rock Financial Showplace.

17 And we do see a lot of banks, and people

18 around here will know where this one is.

19 But we look at each case

20 individually. And in my eyes, the location

21 of where this bank is, it's one that's going

22 to see a lot more out of town business than

23 not; because of it's location near the Expo

24 Center, which will be drawing from cities

 

38

 

1 around here; but not people who are normally

2 used to having this bank near them.

3 Twelve Mile, as stated, is

4 somewhat what of a dead-end street; and

5 that's why I like option three, too, because

6 that's the 20 foot ground sign. It's not

7 over extending the Ordinance, as far as I'm

8 considered(sic). I think that that's a good

9 compromise that takes into consideration a

10 lot of different Board Members' comments.

11 So that's why I would support

12 option three.

13 Any other Board Members?

14 MEMBER GRONACHAN: I have a

15 question.

16 MEMBER FISCHER: Member

17 Gronachan?

18 MEMBER GRONACHAN: I have a

19 question for you.

20 MR. HICKS: Yes.

21 MEMBER GRONACHAN: Did you not

22 say that the sign coming from the west off of

23 Grand River, that you eventually would not see

24 because of the landscaping? You made that

 

39

 

1 comment in regard to the monument.

2 MR. HICKS: No, no, no. That

3 was the wall sign.

4 MEMBER GRONACHAN: It was the

5 wall sign.

6 MR. HICKS: Yes, ma'am.

7 MEMBER GRONACHAN: You would not

8 see it coming from the west.

9 MR. HICKS: No.

10 MEMBER GRONACHAN: Which wall

11 sign?

12 MR. HICKS: The one I was

13 referring to on West Twelve Mile, you would

14 not see going east.

15 MEMBER GRONACHAN: Okay, all

16 right.

17 MR. HICKS: If -- I was saying

18 that, due to the fact of the setback for the

19 wall signs off of Grand River Avenue --

20 we're not looking for more visibility from

21 Grand River.

22 MEMBER GRONACHAN: Okay.

23 MR. HICKS: I mean, with the

24 berm there and all the landscaping there,

 

40

 

1 you'd really -- I mean, I don't --

2 personally, I drove it. I drove it both

3 ways. And doing the speeds on both ways,

4 you're going to notice a ground sign, before

5 you ever notice those two wall signs.

6 MEMBER GRONACHAN: See, I

7 thought that's what you said. So it -- to me,

8 when you said that, that basically this sign is

9 not for identification purposes, because of the

10 lay of the land is going to block it; that it's

11 not necessary to have the two National City signs

12 right up front. I think it's an overkill.

13 MR. HICKS: Incorrect.

14 I stated that it would be

15 identification for the customers who park in

16 the parking lot.

17 MEMBER GRONACHAN: Right, right.

18 MR. HICKS: That was my --

19 MEMBER GRONACHAN: My

20 clarification, if you will, is to the Board

21 Members saying if they're going down Grand River,

22 they're going to be able to see this. And --

23 MR. HICKS: Okay.

24 MEMBER GRONACHAN: --

 

41

 

1 eventually, it's not from Grand River that you

2 are going to see these signs. So that my basis

3 for my decision is the fact that this does not

4 serve for identification on the thoroughfare as

5 previously stated by some of the Board Members.

6 MR. HICKS: Uh-huh.

7 MEMBER GRONACHAN: It is clearly

8 once you get into the parking lot, and that's why

9 I'm not able -- I thought that's what you said.

10 That's what I wanted to clarify.

11 So at that point then, I would

12 -- I mean, if the Board Members don't want

13 to support the one in the canopy in the

14 back, given my statement in regards to the

15 future of Twelve Mile, then the only thing I

16 could support is one National City and the

17 ground sign; and I know that's option

18 whatever; Cindy's option.

19 Thank you.

20 MEMBER FISCHER: Member Bauer?

21 MEMBER BAUER: Thank you,

22 Mr. Chairman.

23 I think as a final spot,

24 you're going to go where you're going. It's

 

42

 

1 not something that normally you will go by

2 and say, oh, I want to go there. People

3 will go to their bank because it is what

4 they want. Consequently, it is a final

5 designation. I do not see where these two

6 wall signs are going to do it. The proposed

7 wall sign in the rear I would prefer over

8 the monument sign; and that's my feeling.

9 MEMBER FISCHER: Thank you,

10 Member Bauer.

11 Member Krieger?

12 MEMBER KRIEGER: Yes.

13 Since the National City is

14 going to have a Grand River side and a

15 Twelve Mile side, it would be like having a

16 corner, only different; so we'd have two

17 fronts almost.

18 So in away, option two would

19 help meet that.

20 Thank you.

21 MEMBER FISCHER: Thank you,

22 Member Krieger.

23 Member Sanghvi?

24 MEMBER SANGHVI: Mr. Chairman,

 

43

 

1 I'd like to break this down and make a Motion.

2 Number one, that we accept

3 (unintelligible) business needs more than

4 one sign, to start with. If we are all in

5 agreeable, then we go further down the road

6 about what signs to accept or not to accept.

7 So I make a Motion that we

8 (unintelligible) for identification

9 purposes, the applicant require needs more

10 than sign.

11 MEMBER SHROYER: I can support

12 that.

13 MEMBER GRONACHAN: Second.

14 MEMBER SANGHVI: There's a

15 Motion that's been made. Can we take vote on it?

16 MEMBER FISCHER: There is a

17 Motion and a second.

18 Do we need a roll call on

19 that? Is that what you prefer?

20 MEMBER SANGHVI: Well, I think

21 we can do it in three parts, you see.

22 MEMBER FISCHER: Okay.

23 MEMBER SANGHVI: We have

24 established the need for more than one sign.

 

44

 

1 MEMBER GRONACHAN: Member

2 Sanghvi, would you accept a friendly amendment?

3 I think we're all in agreement

4 that there's more -- there is a need for

5 more than one sign. I think you should just

6 grab which option and going through them and

7 see which one's going to get support and

8 which is not. That might speed it up a

9 little bit.

10 Go with -- if you want to --

11 MEMBER SANGHVI: What I was

12 planning to suggest, then we go and decide about

13 the wall signs, and then finally we decide

14 whether we want to let the ground sign be there

15 or not.

16 MEMBER GRONACHAN: Oh, okay.

17 MEMBER SANGHVI: So that we take

18 this piecemeal approach and each issue is then

19 covered and voted upon.

20 MEMBER GRONACHAN: Okay.

21 Sorry.

22 MEMBER FISCHER: You have the

23 floor. It's your decision.

24 MEMBER SANGHVI: So the first

 

45

 

1 Motion I would like to make is just what we did

2 and what was seconded.

3 MEMBER FISCHER: There is a

4 Motion --

5 MEMBER SANGHVI: I request that

6 you ask for a vote on that Motion.

7 MEMBER FISCHER: There is a

8 Motion and a second.

9 MEMBER SANGHVI: Yes.

10 MEMBER FISCHER: Please call the

11 roll, Ms. Backus.

12 GAIL BACKUS: Member Sanghvi?

13 MEMBER SANGHVI: Yes.

14 GAIL BACKUS: Member Gronachan?

15 MEMBER GRONACHAN: Yes.

16 GAIL BACKUS: Member Shroyer?

17 MEMBER SHROYER: Yes.

18 GAIL BACKUS: Member Krieger?

19 MEMBER KRIEGER: Yes.

20 GAIL BACKUS: Member Fischer?

21 MEMBER FISCHER: Aye.

22 GAIL BACKUS: And Member Bauer?

23 MEMBER BAUER: Yes.

24 GAIL BACKUS: Motion passes six

 

46

 

1 to zero.

2 MEMBER SANGHVI: Thank you.

3 The second Motion I would like

4 to make, that we approve the two wall signs

5 as requested by the applicant.

6 MEMBER FISCHER: Which option?

7 MEMBER GRONACHAN: Which option?

8 MEMBER SANGHVI: The one which

9 is option two; the signs as presented in option

10 two.

11 MEMBER FISCHER: That would be

12 one facing Grand River and one on the canopy of

13 the drive-thru, facing Twelve Mile.

14 MEMBER SANGHVI: That's correct.

15 MEMBER GRONACHAN: Support.

16 MEMBER FISCHER: There's a

17 Motion and a second on that approval.

18 Any further discussion?

19 Seeing none, Ms. Backus, will

20 you please call the roll.

21 GAIL BACKUS: Member Sanghvi?

22 MEMBER SANGHVI: Yes.

23 GAIL BACKUS: Member Gronachan?

24 MEMBER GRONACHAN: Yes.

 

47

 

1 GAIL BACKUS: Member Bauer?

2 MEMBER BAUER: Yes.

3 GAIL BACKUS: Member Krieger?

4 MEMBER KRIEGER: Yes.

5 GAIL BACKUS: Member Shroyer?

6 MEMBER SHROYER: Yes.

7 GAIL BACKUS: And Member

8 Fischer?

9 MEMBER FISCHER: No.

10 GAIL BACKUS: Motion passes five

11 to one.

12 MEMBER SANGHVI: Now, the third

13 Motion I would like to make is let them keep the

14 ground sign as approved.

15 MEMBER BAUER: Corrected?

16 Excuse me?

17 I'm asking -- say it over

18 again.

19 MEMBER SANGHVI: Keep the ground

20 sign as it has been approved previously.

21 MEMBER FISCHER: A point of

22 information. The ground sign on Grand River --

23 MEMBER BAUER: Is automatic.

24 MEMBER FISCHER: -- is already

 

48

 

1 approved. And they're also asking for one on

2 Twelve Mile, though.

3 MEMBER SANGHVI: See, that's why

4 I'm not mentioning Twelve Mile. Just let it

5 stand as it is, and don't deal with this Twelve

6 Mile Road ground sign.

7 MEMBER BAUER: Well, it's

8 already been approved.

9 MEMBER SANGHVI: So that's it.

10 MEMBER FISCHER: But they're

11 asking for one on --

12 MEMBER BAUER: Twelve Mile Road.

13 MEMBER GRONACHAN: You've got to

14 deny Twelve Mile or approve. We can't not --

15 it's been --

16 MEMBER BAUER: Leave it hanging.

17 MEMBER FISCHER: Correct.

18 So given this map --

19 MEMBER SANGHVI: Oh, yeah,

20 okay. I know what you're saying. Okay.

21 So now we are talking about

22 two ground signs.

23 MEMBER FISCHER: Correct.

24 MEMBER SANGHVI: And two wall

 

49

 

1 signs; and four signs.

2 And I feel that -- the way the

3 Board has expressed their opinion, I would

4 suggest that we deny the ground sign on

5 Twelve Mile Road.

6 MEMBER FISCHER: Mr. Shroyer?

7 MEMBER SHROYER: May I ask a

8 question just for clarification. I want to make

9 sure -- in the second Motion, the -- one of the

10 wall signs that was approved, was the canopy sign

11 on Twelve Mile, correct?

12 MEMBER GRONACHAN: Right.

13 MEMBER SHROYER: Okay.

14 No?

15 MEMBER GRONACHAN: Yes.

16 MEMBER BAUER: The only approved

17 one was up here.

18 MEMBER GRONACHAN: No, the wall

19 sign.

20 MEMBER SANGHVI: Wall signs,

21 yes.

22 MEMBER GRONACHAN: Yeah, this

23 one and this one; option two. You're going to

24 have to -- here's option two; this and this.

 

50

 

1 MEMBER SHROYER: Make sure

2 everybody's on the same page.

3 MEMBER GRONACHAN: Okay.

4 MEMBER SHROYER: Okay. I am in

5 agreement of the denial of the monument sign on

6 Twelve Mile, because we have a wall sign on

7 the --

8 MEMBER SANGHVI: Yes. That's

9 what I said.

10 MEMBER SHROYER: Okay.

11 Thank you.

12 MEMBER GRONACHAN: Is that your

13 supporting -- you're supporting the Motion?

14 MEMBER SHROYER: Sure. I'll

15 second the Motion.

16 MEMBER SANGHVI: Thank you.

17 MEMBER FISCHER: There's a

18 Motion and a second.

19 Any other discussion?

20 I will just put it out there

21 one more time that on Twelve Mile, I see

22 that wall sign that was just approved

23 previously as something that's does not face

24 the traffic as it will be coming westward on

 

51

 

1 Twelve Mile. This serves a purpose -- the

2 sign that was just approved serves a purpose

3 to identify the building from the east,

4 where we know no traffic will be coming.

5 So with that said, there's no

6 further discussion, Ms. Backus, please call

7 the roll on the denial of the monument sign

8 on Twelve Mile.

9 GAIL BACKUS: Member Sanghvi?

10 MEMBER SANGHVI: Yes.

11 GAIL BACKUS: Member Shroyer?

12 MEMBER SHROYER: Yes.

13 GAIL BACKUS: Member Bauer?

14 MEMBER BAUER: No.

15 GAIL BACKUS: Member Fischer?

16 MEMBER FISCHER: No.

17 GAIL BACKUS: Member Gronachan?

18 MEMBER GRONACHAN: No.

19 GAIL BACKUS: Member Krieger?

20 MEMBER KRIEGER: No.

21 GAIL BACKUS: Motion fails.

22 MEMBER FISCHER: Motion to deny

23 does not pass.

24 Is there another Motion

 

52

 

1 possibly with a 20 foot or a 32 foot

2 monument sign on Twelve Mile?

3 Member Gronachan?

4 MEMBER GRONACHAN: Okay.

5 In Case Number 05-100, filed

6 by National City and Will Hicks, I move that

7 the ground sign on Twelve Mile be approved

8 at 20 feet? At 20 foot in size, given the

9 testimony by the Petitioner substantiating

10 for identification purposes for on coming

11 traffic; and the unknown future of the

12 development of Twelve Mile.

13 MEMBER KRIEGER: Second.

14 MEMBER FISCHER: Member Bauer?

15 MEMBER BAUER: The proposed

16 monument sign on twelve be approved for 20 square

17 feet?

18 MEMBER GRONACHAN: 20 square

19 feet.

20 MEMBER BAUER: Height?

21 MEMBER GRONACHAN: Height?

22 MR. HICKS: It would be

23 approximately five feet tall.

24 MEMBER BAUER: Fine.

 

53

 

1 Thank you.

2 MEMBER FISCHER: Thank you.

3 MEMBER GRONACHAN: I'll accept

4 that friendly amendment.

5 MEMBER BAUER: Yes.

6 MEMBER FISCHER: And I have one

7 question for our attorney.

8 Do you suggest that we take

9 action on the proposed wall sign from Grand

10 River to deny that second one, the one that

11 faced westward? We've approved the one

12 facing Grand River.

13 MS. OZGA: Right.

14 MEMBER FISCHER: We've approved

15 the one in the back.

16 Now we're making a Motion on

17 the monument sign in back. We really

18 haven't done anything with that last sign.

19 Should we also --

20 MS. OZGA: Well, they're only

21 requesting --

22 MEMBER GRONACHAN: There's only

23 three signs.

24 MS. OZGA: -- three variances

 

54

 

1 for the three signs.

2 MEMBER FISCHER: Okay.

3 MS. OZGA: And he gave you three

4 different options.

5 MEMBER FISCHER: Okay.

6 MS. OZGA: So I don't see a

7 reason to deny --

8 MEMBER FISCHER: I just want to

9 make sure --

10 MS. OZGA: -- because you

11 granted the two wall signs as proposed in option

12 two. You've identified those, correct.

13 MEMBER FISCHER: Yes.

14 Thank you for that

15 clarification.

16 Member Shroyer?

17 MEMBER SHROYER: Just one more

18 comment.

19 Then in effect what we're

20 doing is approving option two, which is what

21 I supported in the first place.

22 MEMBER GRONACHAN: 20 minutes

23 ago.

24 MEMBER SHROYER: Okay. Just

 

55

 

1 wanted to make sure.

2 Okay.

3 MEMBER FISCHER: Just had to

4 make sure everyone -- that we're on the same

5 page.

6 Ms. Backus, would you please

7 call the roll.

8 GAIL BACKUS: Member Gronachan?

9 MEMBER GRONACHAN: Yes.

10 GAIL BACKUS: Member Krieger?

11 MEMBER KRIEGER: Yes.

12 GAIL BACKUS: Member Sanghvi?

13 MEMBER SANGHVI: Yes.

14 GAIL BACKUS: Member Bauer?

15 MEMBER BAUER: Yes.

16 GAIL BACKUS: Member Shroyer?

17 MEMBER SHROYER: Yes.

18 GAIL BACKUS: And Member

19 Fischer?

20 MEMBER FISCHER: Yes.

21 GAIL BACKUS: Motion passes six

22 to zero.

23 MR. HICKS: Thank you very

24 much.

 

56

 

1 Which option are we going

2 with?

3 I'm just kidding.

4 Thank you very much.

5 MEMBER FISCHER: Technically,

6 the statement earlier was incorrect. We went

7 with option two, but a 20 foot monument sign; not

8 the 32 square foot, so --

9 MEMBER GRONACHAN: If you have

10 any questions, just call Mr. Saven. I'm sure

11 he's -- he'll have it all.

12 MR. HICKS: Okay.

13 MEMBER FISCHER: Thank you.

14 MR. SAVEN: Don't use the term

15 option.

16 MEMBER BAUER: Yeah, don't do

17 that.

18

19 MEMBER FISCHER: And we'll move

20 along to case number three on the agenda, which

21 is Case Number 05-107, for Villagewood

22 Properties, located west of Haggerty, between

23 Nine and Ten Mile. The applicant is requesting

24 an extension of a sign variance, 15 -- I'm sorry.

 

57

 

1 A nine square foot variance in area, and four

2 feet in height.

3 And you are the Petitioner?

4 Can you please be sworn in by

5 our secretary.

6 MEMBER GRONACHAN: Do you swear

7 or affirm that the information -- would you raise

8 your right hand, please. Do you swear or affirm

9 that the information that you're about to give in

10 the matter before you is the truth?

11 A. Yes.

12 MEMBER GRONACHAN: Thank you.

13 MEMBER FISCHER: Could you

14 please state your name and address and proceed.

15 MR. CHAWNEY: Harry Chawney,

16 23965 Novi Road, Suite 120 in Novi.

17 MEMBER FISCHER: Proceed.

18 MR. CHAWNEY: Oh, I'm sorry.

19 I want -- what we wanted to do

20 is we have our condominiums for sale right

21 now over on Haggerty Road, and we just

22 wanted to have a continuation for right now

23 for a period of one year, as sales are

24 ongoing for our sale sign. And hopefully --

 

58

 

1 I didn't submit anything. I just assumed

2 that everybody would drive by and have a

3 look.

4 And basically that's it.

5 MEMBER FISCHER: Thank you, sir.

6 Is there anyone in the

7 audience that wishes to comment on this

8 case?

9 Seeing none, there were 795

10 notices mailed; two approvals and 22

11 objections.

12 Madam Secretary, can you

13 please read the correspondence.

14 MEMBER GRONACHAN: What did I

15 ever do to you.

16 Okay. I'm going to do a

17 highlight of name, address, and basis of

18 objection for a time, okay.

19 For Phillip Hodge, at 23627

20 North Rockledge. Please note my objection.

21 Villagewood Place already stands out by

22 having multiple signs marking their

23 driveway. The original marketing sign for

24 the complex is already larger than the other

 

59

 

1 subdivisions; and I would object to anything

2 that allows even more signage.

3 As owner -- this is from Robin

4 Wagner, at 39702 Villagewood Circle, voicing

5 her objection; basically the same concern.

6 Nancy Hirshfield, at 23457

7 Stonehenge; the sign of -- the size of the

8 sign that is up now is, in my opinion, as

9 large as it needs to be. I do not approve

10 of anything larger; keep the same Ordinance

11 -- has always been. This is from Judy

12 Vorman on 23640 North Rockledge; against the

13 size, as well.

14 Lakewood Park Homes at Post

15 Office Box, 637, Novi, Michigan; objection.

16 This is from Margaret James. We do not need

17 larger business signs to ruin the looks of

18 our homes, 22873 Telford.

19 Milford Brickford at 22702

20 Cortez Drive. The Novi side of Haggerty is

21 all residential between Nine and Ten Mile.

22 I certainly hope it will remain that way. I

23 would not appreciate looking at some huge

24 commercial looking sign in that area. Many

 

60

 

1 businesses in Novi have been forced to

2 smaller signs. I feel it is much more

3 important to keep huge signs out of

4 residential areas.

5 There are a few smaller

6 businesses at the corner of Ten and

7 Haggerty, but they are not mixed into

8 residential areas. Belinda Teetee is at

9 22413 Crabtree. Basically objecting the

10 fact that there is a sign. And from the

11 looks of the rest of these letters,

12 basically is the same, based on the size,

13 and the fact that there is even a sign

14 there.

15 And I don't feel that there's

16 anything else -- looking at these letters --

17 that would add any other information from

18 these residents, and they're all part of the

19 record and they will be duly noted.

20 MEMBER FISCHER: Thank you,

21 Madam Secretary.

22 MEMBER GRONACHAN: Thank you,

23 Mr. Chair.

24 MEMBER FISCHER: Building

 

61

 

1 Department, any comment?

2 MR. AMOLSCH: No comment, sir.

3 MR. SAVEN: Just to point out,

4 this is an existing sign. It's more of an

5 extension of a sign. I'd just like to ask Harry,

6 what's the percentage of occupancy you got there

7 now?

8 MR. CHAWNEY: Right now, we've

9 sold 16 units. It was a little slow the

10 second half of last year, but it's picking

11 up. Hopefully this year we'll do a lot

12 better and be done with it.

13 MR. SAVEN: Total out

14 percentage?

15 MR. CHAWNEY: Oh, right now,

16 we're at 25 percent.

17 MR. SAVEN: You're at 25 percent

18 --

19 MR. CHAWNEY: Sold, occupancy,

20 right now, yes.

21 MEMBER FISCHER: So you have 16

22 occupants and about 80 -- 80 residences; is that

23 correct?

24 MR. CHAWNEY: No, there's 24

 

62

 

1 residences, and we've sold six so far.

2 MEMBER FISCHER: Oh, six, I'm

3 sorry.

4 MR. CHAWNEY: Yeah, we had a

5 -- it was a little bit slow this year, so.

6 MEMBER FISCHER: Okay.

7 Any other comments by the

8 Building Department?

9 Seeing none, I'll open it up

10 for Board discussion.

11 Member Gronachan?

12 MEMBER GRONACHAN: Good evening,

13 Mr. Chawney.

14 So, you already have a sign

15 there.

16 MR. CHAWNEY: Correct.

17 MEMBER GRONACHAN: But you feel

18 that it needs to be bigger for what reason?

19 MR. CHAWNEY: It's not bigger.

20 I'm just asking to continue what was

21 approved last year.

22 MEMBER GRONACHAN: Well, that's

23 where I'm confused. That's not what this request

24 says.

 

63

 

1 MR. SAVEN: (unintelligible.)

2 It's for an extension of the sign.

3 MEMBER GRONACHAN: Okay.

4 So you're not changing the

5 sign -- the size of the sign at all.

6 MR. CHAWNEY: No, I'm not.

7 MEMBER GRONACHAN: Okay, all

8 right.

9 All right.

10 MEMBER BAUER: Wait a minute.

11 MEMBER GRONACHAN: That's where

12 I'm confused.

13 To elect a larger replacement.

14 Excuse me, but my thing says

15 it's an extension to erect a larger

16 replacement.

17 MEMBER SANGHVI: They are

18 already the same. There is some where some

19 problem.

20 MR. CHAWNEY: Originally --

21 MR. SAVEN: I think we can

22 clarify this.

23 Alan, is the sign larger than

24 what it was before?

 

64

 

1 MR. AMOLSCH: No, the sign is

2 the same size. The language, where it says

3 erect a larger replacement sign, is not

4 correct. It's an extension of an existing

5 sign that was already there.

6 MR. SAVEN: It's an existing

7 sign that was approved, larger --

8 MR. AMOLSCH: That was larger

9 than what is allowed. The legal notice

10 says, though, what's the dimensions were and

11 the height variance, too.

12 MEMBER GRONACHAN: Right. I

13 remember the original case.

14 MEMBER SANGHVI: Yeah, I do,

15 too.

16 MEMBER GRONACHAN: So it's all

17 the same size, you just -- and how much of an

18 extension is it that you would like at this time?

19 MR. CHAWNEY: I'm just asking

20 for a one year extension for the moment.

21 And if I need to go longer, I'd come back

22 and ask again next year, if that's okay.

23 MEMBER GRONACHAN: Okay.

24 That's all the questions I

 

65

 

1 have.

2 MEMBER FISCHER: Mr. Sanghvi?

3 MEMBER SANGHVI: Thank you,

4 Mr. Chairman.

5 From what I see and what I

6 hear, it appears that we are talking --

7 looking at an extension of an existing sign;

8 and we also hear that he has only got 25

9 percent occupancy at present. And so it's

10 reasonable that we should continue this sign

11 as it is for a period of one year.

12 And hopefully, he will do well

13 enough so that we can take the sign down at

14 that point in time.

15 MR. CHAWNEY: I agree.

16 MEMBER FISCHER: There's a

17 Motion.

18 That was a Motion?

19 MEMBER SANGHVI: I make a

20 Motion, yes.

21 That's a Motion that in Case

22 Number: 05-107, we extend the existing sign

23 for a period of one year.

24 Thank you.

 

66

 

1 MEMBER GRONACHAN: Support.

2 MEMBER FISCHER: The Motion that

3 we had last year, we said 15 square feet

4 (unintelligible.) It's the same size.

5 MEMBER SANGHVI: Yes.

6 MEMBER FISCHER: However, in our

7 Motion we've stated that it was six feet in

8 height. On our current request, it says nine

9 feet in height.

10 Can you tell me what the

11 current sign is at?

12 MR. CHAWNEY: Six feet.

13 (interposing) (unintelligible) last years --

14 MEMBER FISCHER: And I would

15 move to -- offer a friendly amendment that we do

16 not approve as requested, but we approve at six

17 feet in height.

18 MEMBER SANGHVI: The Motion was

19 just to extend what is existing.

20 MEMBER FISCHER: Fair enough.

21 Any other discussion?

22 Member Bauer?

23 MEMBER BAUER: Al, have you gone

24 out and measured the sign, the height and the

 

67

 

1 square footage?

2 MR. AMOLSCH: Well, the

3 variance was approved for nine feet. He

4 might have put a six foot sign out there,

5 six foot high. But whatever he put out

6 there --

7 MEMBER BAUER: Six feet high.

8 MR. AMOLSCH: Right. Which is

9 still a variance, because it was only

10 allowed to be five feet high.

11 MEMBER BAUER: Okay. Six feet

12 by 15 feet, then, you're talking?

13 Am I right or wrong?

14 MEMBER GRONACHAN: Right. Six

15 feet high --

16 MEMBER SANGHVI: Get what is

17 written here.

18 MEMBER BAUER: An area of 15.

19 MEMBER GRONACHAN: 15.

20 MEMBER BAUER: So right now, at

21 six feet -- what -- I think what's disrupting

22 everybody is saying (unintelligible) exactly what

23 he wanted before and what was agreed before,

24 correct?

 

68

 

1 MEMBER SANGHVI: It says six

2 feet in height.

3 MEMBER BAUER: This is what's

4 confusing.

5 I think renewed as is.

6 MR. SAVEN: I think the Board

7 should look at the stand point of view that this

8 is an existing sign to what he had -- requesting

9 for the extension of that existing sign --

10 MEMBER BAUER: Renewed as is.

11 MEMBER GRONACHAN: As is.

12 MEMBER BAUER: No problem.

13 MEMBER FISCHER: That is the

14 Motion.

15 Any other discussion?

16 Mr. Shroyer?

17 MEMBER SHROYER: I'll yield to

18 Mr. Bauer if he still has --

19 MEMBER BAUER: No, I'm finished.

20 MEMBER SHROYER: Thank you.

21 Just want to make a comment or

22 two.

23 First of all, I'm a little

24 disappointed that last year they approved

 

69

 

1 something that was a request that was over

2 double the permitted area; and secondly,

3 the request in height was almost double the

4 permitted height. But, since you are --

5 already have the sign in place; you still

6 have 75 percent of your units to sell; I

7 think we owe it to the businessman here to

8 be able to allow him to maintain that sign

9 for the year.

10 And so I would be in total

11 support of the Motion.

12 MEMBER FISCHER: Thank you,

13 Mr. Shroyer.

14 Ms. Backus, would you please

15 call the roll.

16 GAIL BACKUS: Member Sanghvi?

17 MEMBER SANGHVI: Yes.

18 GAIL BACKUS: Member Gronachan?

19 MEMBER GRONACHAN: Yes.

20 GAIL BACKUS: Member Shroyer?

21 MEMBER SHROYER: Yes.

22 GAIL BACKUS: Member Krieger?

23 MEMBER KRIEGER: Yes.

24 GAIL BACKUS: Member Fischer?

 

70

 

1 MEMBER FISCHER: Aye.

2 GAIL BACKUS: Member Bauer?

3 MEMBER BAUER: Yes.

4 GAIL BACKUS: Motion passes six

5 to zero.

6 MR. CHAWNEY: Thank you.

7 MEMBER FISCHER: Your variance

8 has been granted for one year. Good look on

9 selling the rest of those out.

10 MR. CHAWNEY: Thank you.

11

12 MEMBER FISCHER: We'll move

13 along to Case Number 05-108, filed by Randy

14 Penner for Community Financial. The applicant is

15 requesting one wall sign; and two sign variances

16 for the said property.

17 Can you please raise your

18 right hand and be sworn in by our secretary.

19 MEMBER GRONACHAN: Do you swear

20 or affirm that the information that you're about

21 to give in the matter before you is the truth?

22 MR. PENNER: Yes.

23 MEMBER GRONACHAN: Thank you.

24 MEMBER FISCHER: Please state

 

71

 

1 your name and address, and proceed with your

2 case.

3 MR. PENNER: Sure. I'm Randy

4 Penner with Community Financial, located at

5 43350 Arena Drive. And as stated, we're

6 requesting two sign variances to erect one

7 wall sign for our building located off of

8 Arena Drive and Novi Road.

9 The reason for our request is

10 we have, as you know, one existing monument

11 sign right off of Novi Road. We have fairly

12 decent visibility going northbound on Novi

13 Road; but very poor visibility of the sign

14 going southbound; due to some of the

15 landscaping issues, as well as an additional

16 sign that is off of Arena Drive and Novi

17 Road for the ice arena; which is Ice Arena

18 Road.

19 Our request is for two sign

20 variances; one is for obviously the wall

21 sign; the additional sign; and then the

22 second variance is for the size, of the

23 total of 53 square feet instead of 40 square

24 feet.

 

72

 

1 MEMBER FISCHER: In this case,

2 there were nine notices mailed, zero approvals

3 and zero objections.

4 Is there anyone in the

5 audience that wishes to comment on this

6 case?

7 Seeing none, I'll ask the

8 Building Department.

9 MR. AMOLSCH: No comments,

10 sir.

11 MEMBER FISCHER: Then I'll open

12 it up for Board discussion.

13 Member Gronachan?

14 MEMBER GRONACHAN: What can I

15 say. I'm in such a good mood because I did all

16 that signing earlier.

17 Good evening, Mr. Penner. I

18 want a clarification.

19 The ground sign would stay?

20 MR. PENNER: Would stay, yes.

21 MEMBER GRONACHAN: And what are

22 you going to do to help improve the visibility of

23 that sign?

24 MR. PENNER: Of the ground

 

73

 

1 sign?

2 MEMBER GRONACHAN: Uh-huh.

3 MR. PENNER: We are not

4 planning on changing the ground sign at all.

5 It's just the additional --

6 MEMBER GRONACHAN: But I mean

7 around -- I'm sorry.

8 MR. PENNER: Okay.

9 Go ahead.

10 MEMBER GRONACHAN: Around the

11 sign, because you really can't see the sign.

12 MR. PENNER: Southbound,

13 right.

14 We have limitations on the

15 landscaping, which is required -- which has

16 been required by the City. We wanted to

17 make sure we keep the berm -- or the berm

18 slightly high. We can't lower that, but

19 there is some vegetation on top that we like

20 to keep trimmed at a reasonable level.

21 MEMBER GRONACHAN: I -- after

22 looking at this, I'm in support of -- on this

23 case, and I'll tell you why. You actually know

24 it's a bank, but you don't know what bank. And

 

74

 

1 that's where -- that's where it is hard. And

2 granted, if you're going down -- the way this

3 particular building sets, it almost sets back and

4 down, so you really can't see anything for

5 identification.

6 I feel that where this -- the

7 placement of the -- this sign that the

8 Petitioner is requesting. I'm in full

9 support. It's very difficult to make out

10 what it is, and I will tell you that I visit

11 this building quite often; whoever, I was

12 looking at it the other day thinking, I

13 don't know why they didn't tell us what it

14 was. I mean, I knew what it was. I was

15 waiting for it to get here.

16 But you really can't, if

17 you're driving down Novi Road, cannot see

18 that this is Community Financial Credit

19 Union.

20 And I would like to make a

21 note, maybe to the Ordinance Review Board on

22 these ground signs with this landscaping.

23 We put these ground signs in. They make

24 them do all this landscaping, and it really

 

75

 

1 does cause a problem --

2 MR. SAVEN: Yes.

3 MEMBER GRONACHAN: -- for -- so

4 many we could recommend that they take a look at

5 that. You know, that the landscaping be so many

6 feet away from the ground sign or something like

7 that, so this don't -- because you really can't

8 see it.

9 And that's all I have to

10 offer. So I'll be in support of this.

11 MEMBER FISCHER: Thank you,

12 Member Gronachan.

13

14 MEMBER GRONACHAN: (Unintelligi

15 ble) make a Motion?

16 MEMBER FISCHER: Member Krieger?

17 MEMBER KRIEGER: Yes, I agree

18 that it's showing a practical difficulty; that --

19 with the ability to see it, so I would also be

20 support.

21 Thank you.

22 MEMBER GRONACHAN: Ready for a

23 Motion?

24 MEMBER FISCHER: Yes.

 

76

 

1 MEMBER GRONACHAN: Member -- or

2 Chairman Fischer, I would like to make a Motion

3 in Case: 05-108, filed by Randy Penner and the

4 Community Financial Credit Union, located at

5 43350 Arena Drive; that their request for the

6 variance for the two sign variances be approved

7 based on what the Petitioner presented to this

8 Board this evening. Also on the location of the

9 building and the height of the berm, making it

10 difficult to see the building from the Road, as

11 indicated in earlier discussion; and for --

12 therefore, for building identification -- for

13 business identification.

14 MEMBER BAUER: Second.

15 MEMBER KRIEGER: Second.

16 MEMBER FISCHER: There's a

17 Motion and a second.

18 Any other discussion?

19 Member Shroyer?

20 MEMBER SHROYER: Thank you.

21 Mr. Penner, the sign that's on

22 the side of the building, currently, the

23 banner type sign that's up there --

24 MR. PENNER: The mock up that

 

77

 

1 we have?

2 MEMBER SHROYER: Correct.

3 Is that the size that you're

4 requesting?

5 MR. PENNER: Yes, uh-huh.

6 MEMBER SHROYER: Okay.

7 I'm looking at this. When I

8 visited your area -- because the pictures

9 don't do it justice, the pictures you

10 included in our packet. Some of them are

11 somewhat focused on the road and not the

12 sign; so it's a little fuzzy I anyway.

13 Absolutely -- driving north,

14 the sign is very easy to see, the monument

15 sign. Driving south, it is totally hidden

16 by the berm and the hedge that's there for

17 the landscaping. I do want to ask, is there

18 a reason why you selected brushed aluminum

19 free-standing letters?

20 MR. PENNER: Just probably for

21 the looks. I thought it was very good

22 looking. It was professional. It wasn't

23 obtrusive, overbearing, anything like that.

24 We thought the visibility was good enough at

 

78

 

1 the size that we chose -- which is a little

2 bit beyond the minimum or the maximum

3 required.

4 MEMBER SHROYER: Well, it is

5 classy, that type. But -- and you realize,

6 though, if it's a brighter color with a white

7 background or something like that --

8 MR. PENNER: Sure.

9 MEMBER SHROYER: -- it could be

10 even more visible.

11 MR. PENNER: Correct, right,

12 agree.

13 MEMBER SHROYER: Looking at

14 it -- looking at the picture -- the pictures are

15 very good, the color renderings at any rate --

16 are very good. But looking at the sign, when I

17 was viewing that, I was trying to picture in my

18 mind the size; and thinking that it probably was

19 a mockup of what you're requesting, I actually

20 think it's too big. I think it's too much, too

21 obtrusive.

22 In other words, what I'm

23 saying, I'm in total agreement that a sign

24 is needed on the side of the building; but I

 

79

 

1 think a sign that would be within our 40

2 foot -- square foot that's permitted, would

3 still be very easily readable from the

4 street, and would be just as classy in the

5 brushed aluminum.

6 So I would be in support of

7 the additional sign, but I am opposed to

8 granting the additional size of this sign.

9 MEMBER FISCHER: Thank you,

10 Member Shroyer.

11 And I thank you for saying

12 that as well as, because that's where I was

13 going to go with it, too when I drove by. I

14 definitely agree there is a sign that is

15 needed. I think it looks great, but I think

16 that 53 is too much. I think they could

17 live within the Ordinance, as far as the 40

18 square feet go.

19 Member Bauer?

20 MEMBER BAUER: Yes.

21 Al, what's the size of that

22 that they got up there? The

23 (unintelligible) shows the mock-up?

24 MR. AMOLSCH: The mock-up or

 

80

 

1 the ground sign?

2 MEMBER GRONACHAN: The mock up.

3 MR. AMOLSCH: Well, I'm

4 assuming it's the 53 square foot that

5 they're requesting.

6 MEMBER GRONACHAN: It's 53

7 square feet.

8 MEMBER FISCHER: Member --

9 Are you all set, Member Bauer?

10 MEMBER BAUER: Yes, thank you.

11 MEMBER FISCHER: Member

12 Gronachan?

13 MEMBER GRONACHAN: Allen, is

14 part of the increase for 40 feet, is the emblem,

15 perhaps? Is it measured from the tip to the tip;

16 does that play into this 53 square foot?

17 MR. AMOLSCH: That's correct.

18 The Ordinance requires a

19 parallelogram, circle, or triangle be drawn

20 around the entire sign area.

21 MEMBER GRONACHAN: So is it safe

22 to say -- because you know how good I am on

23 this -- if that was removed or if it -- just it

24 was shrunk, reduced, thank you -- just the emblem

 

81

 

1 was reduced, would the letters stay the same and

2 that would fit in --

3 MR. AMOLSCH: Hard to say

4 without having a drawing.

5 What the Board could do, if it

6 was their desire, to grant a variance for 40

7 square feet and have them fix the sign into

8 the box.

9 MEMBER GRONACHAN: Okay.

10 MR. PENNER: May I throw up a

11 more recent picture of the mock up?

12 MEMBER GRONACHAN: Okay.

13 MR. PENNER: I'm not sure how

14 to work this.

15 MEMBER FISCHER: You just set it

16 down and they'll go ahead and turn it on.

17 MEMBER GRONACHAN: Yeah, I can't

18 hardly see it.

19 MR. PENNER: Can't hardly --

20 that's --

21 MEMBER FISCHER: As Member

22 Shroyer commented, it's -- you cannot see it

23 because of the size; you cannot see it because of

24 the choice of --

 

82

 

1 MEMBER GRONACHAN: The letter.

2 MEMBER FISCHER: -- the

3 lettering.

4 MEMBER GRONACHAN: Oh, there you

5 go.

6 MEMBER FISCHER: I can see it

7 now.

8 MR. PENNER: Closer -- close

9 up.

10 MEMBER FISCHER: Yeah.

11 There is a Motion and a second

12 on the table.

13 Although, there's been some

14 comments about the size, is there any other

15 discussion?

16 Then we'll call the roll,

17 please, on the current Motion, which is to

18 approve as requested.

19 GAIL BACKUS: Member Gronachan?

20 MEMBER GRONACHAN: Yes.

21 GAIL BACKUS: Member Bauer?

22 MEMBER BAUER: Yes.

23 GAIL BACKUS: Member Fischer?

24 MEMBER FISCHER: No.

 

83

 

1 GAIL BACKUS: Member Krieger?

2 MEMBER KRIEGER: Yes.

3 GAIL BACKUS: Member Shroyer?

4 MEMBER SHROYER: No.

5 GAIL BACKUS: And Member

6 Sanghvi?

7 MEMBER SANGHVI: Yes.

8 GAIL BACKUS: Motion the passes

9 four to two.

10 MEMBER FISCHER: Your Motion has

11 been granted. Please see the Building

12 Department. Good luck.

13 MR. PENNER: All right.

14 Thank you.

15

16 MEMBER FISCHER: We'll move

17 along to Case Number: 05-110, filed by K.G.

18 Albers of Diversified Development, LLC. The

19 applicant is requesting to erect an off premise

20 sign --

21 Now, this is an extension, as

22 well?

23 Yes. So it's not to erect

24 one, but to extend the current one that we

 

84

 

1 approved last year. The applicant is

2 requesting for the sign to be north of

3 Twelve Mile and west of Novi Road.

4 Can you please raise your

5 right hand and be sworn in by our secretary.

6 MEMBER GRONACHAN: Do you swear

7 or affirm that the information that you're about

8 to give in the matter before you is the truth?

9 MR. ALBERS: Yes.

10 MEMBER GRONACHAN: Thank you.

11 MEMBER FISCHER: Please state

12 your name and address and proceed.

13 MR. ALBERS: My name is Ken

14 Albers. I'm with Diversified Land

15 Development. Our address is 43691 12 and a

16 half Mile Road; here tonight to request and

17 extension to the variance for our off

18 premise sign for our development, Charneth

19 Fen Condominiums.

20 The sign is located on the

21 southwest corner of 12 and a half Mile and

22 Novi Roads. The sign is both smaller and

23 lower than is permitted by Ordinance. The

24 size of the sign, the height, the placement,

 

85

 

1 was determined by driving back and forth on

2 Novi Road to see what would be less

3 disruptive for raising your head for vision;

4 and the size to take the extra time to read

5 a smaller sign.

6 Our site's unique. It's one

7 of the few remaining dirt roads in Novi.

8 It's -- we don't have the advantage on being

9 on a major thoroughfare or even a smaller

10 paved road. The road's not very inviting to

11 even drive down. Nobody really uses it as

12 an alternate or ordinary route.

13 Without this variance, we're

14 pretty much at a disadvantage to the other

15 developments that do front on major roads or

16 paved roads.

17 And based on these hardships

18 and the location of our site, we're asking

19 for the extension of the variance.

20 MEMBER FISCHER: Thank you, sir.

21 Is there anyone in the

22 audience that wishes to comment on this

23 case?

24 Seeing none, in this case,

 

86

 

1 there were eight notices mailed; zero

2 approvals and zero objections.

3 Building Department, any

4 comments?

5 MR. AMOLSCH: No comments.

6 MR. SAVEN: Have you had any

7 complaints on this one?

8 MR. AMOLSCH: No, none.

9 MR. SAVEN: All set.

10 MEMBER FISCHER: Okay.

11 And sir, go ahead and if you

12 want to tell us the percent of occupancy?

13 MR. ALBERS: We have 21 units.

14 We have three deposits currently. We're

15 just putting the finishing touches on our

16 models now. Very positive response to the

17 development. It's a unique development.

18 It's going to go real quick. And so, we've

19 have got 21 units on it.

20 MEMBER FISCHER: So 15 percent,

21 at most?

22 MR. ALBERS: Approximately,

23 yes.

24 MEMBER FISCHER: Thank you.

 

87

 

1 Board Members?

2 Member Sanghvi?

3 MEMBER SANGHVI: I think this

4 is again a situation where they need an

5 extension of their sign. They seem to be

6 doing well, and I have no problem extending

7 their current sign for another year.

8 MEMBER BAUER: I'll second it.

9 MEMBER SANGHVI: Thank you.

10 MEMBER FISCHER: There's a

11 Motion and a second.

12 Any other discussion?

13 Member Shroyer?

14 MEMBER SHROYER: I have a

15 question for the City, if I may.

16 Has there been -- and since

17 this is in the past -- whereas something

18 similar to this as occurred, and this

19 gentleman that just indicated that they're

20 going to go fast -- so I got to hurry up and

21 buy one, right?

22 MR. ALBERS: Yes.

23 MEMBER SHROYER: They're going

24 to go fast. Where they sold them like the first

 

88

 

1 two months or three months, and then we're stuck

2 with this sign for the next nine months.

3 So have we ever made a Motion

4 that would indicate something like a year or

5 when --

6 MR. SAVEN: Whichever comes

7 first.

8 MEMBER SHROYER: Whichever comes

9 first. Exactly. Because we're not here to have

10 advertisement. And once your units are sold

11 (unintelligible) (interposing.)

12 MR. ALBERS: We'll be the

13 first one to take it down as soon as they're

14 sold out.

15 MEMBER FISCHER: Do you wish to

16 propose a friendly amendment to the Motion that

17 would say one year or sold out, whichever comes

18 first? I'm guessing Member Sanghvi would allow

19 that.

20 MEMBER SHROYER: I would like to

21 do that.

22 MEMBER SANGHVI: Oh, your

23 request is granted, sir.

24 MEMBER SHROYER: Thank you very

 

89

 

1 much.

2 MEMBER FISCHER: And the

3 seconder agrees.

4 There's a Motion and a second.

5 No further discussion --

6 MEMBER SHROYER: No, I'm sorry.

7 I had another question.

8 MEMBER FISCHER: Member Shroyer?

9 MEMBER SHROYER: Okay, thank

10 you.

11 I just wanted to clarify the

12 approval letter that we received from E and

13 M?

14 MR. ALBERS: Yes.

15 MEMBER SHROYER: The old letter

16 described an expiration of the permit, which

17 occurred prior to 12-6-05.

18 That has been extended, as

19 well, or -- it talks about a current

20 property owner. I assume E and M is still

21 the current property owner?

22 MR. ALBERS: Yes.

23 MEMBER SHROYER: I just want to

24 make sure you don't get caught in a no-man's land

 

90

 

1 where the property gets sold, and then you're

2 told to take down the sign.

3 MR. ALBERS: Yeah, we have a

4 sub-agreement with the owner that if -- in

5 the event that he sells it, we would take it

6 down.

7 MEMBER SHROYER: Okay.

8 MR. ALBERS: That's just

9 between us and the owners.

10 MEMBER SHROYER: Okay.

11 Thank you.

12 That's all I have, thank you,

13 sir.

14 MEMBER FISCHER: Very good

15 question.

16 Anything else?

17 Ms. Backus, will you please

18 call the roll.

19 GAIL BACKUS: Member Sanghvi?

20 MEMBER SANGHVI: Yes.

21 GAIL BACKUS: Member Bauer?

22 MEMBER BAUER: Yes.

23 GAIL BACKUS: Member Fischer?

24 MEMBER FISCHER: Aye.

 

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1 GAIL BACKUS: Member Shroyer?

2 MEMBER SHROYER: Yes.

3 GAIL BACKUS: Member Gronachan?

4 MEMBER GRONACHAN: Yes.

5 GAIL BACKUS: And Member

6 Krieger?

7 MEMBER KRIEGER: Yes.

8 GAIL BACKUS: Motion passes

9 six to zero.

10 MEMBER FISCHER: Your variance

11 has been granted for one year. Good luck to you

12 and please see the Building Department?

13 MR. ALBERS: Thank you.

14 MEMBER SANGHVI: Hopefully

15 you'll be sold out.

16 MEMBER FISCHER: And I'm

17 guessing Member Shroyer will be there to take one

18 more off your hands.

19

20

21

22 Move along to Case Number:

23 05-113, filed by Dixie Cut Stone and Marble

24 for a temporary use permit to allow outdoor

 

92

 

1 storage on a adjacent parcel at 25180 Seeley

2 Road. The property is zoned I-1 and located

3 east of Seeley Road; north of Grand River

4 Road.

5 Do you want to raise your

6 right hand and be sworn in by our secretary,

7 please.

8 MEMBER GRONACHAN: Do you

9 solemnly swear or affirm that the information

10 that you're about to give in the matter before

11 you is the truth?

12 MR. JODAN: Yes, it is.

13 MEMBER GRONACHAN: Thank you.

14 MEMBER FISCHER: And if you

15 could state your name and address and proceed

16 with your case.

17 MR. JODAN: My name is Ben

18 Jodan. I'm the general sales manager with

19 pen Dixie Cut Stone and Marble. I live at

20 24443 Surfside in Novi.

21 I'd like to echo the comments,

22 by the way, of the couple that were here at

23 the -- during the public remarks. We've

24 been members of the community -- my family,

 

93

 

1 as well as Dixie Cut Stone -- for many years

2 now. Quiet members of the community; but,

3 only recently have we become involved

4 members of the community; again, both

5 personally and professionally.

6 And I will say from my -- from

7 the beginning, my dealings with Council

8 Member Lynn Paul, going in and speaking with

9 Clay Pierson when this whole situation

10 arose; and especially Gail, there, who's

11 been just dynamite and shown a lot of

12 professionalism. So regardless, I do

13 appreciate all the help and support that

14 we've gotten up to this point.

15 But, as I stated in my letter

16 to the Board initially, Dixie Cut Stone

17 finds itself in a bit of a dilemma. As a

18 company, approximately 40 percent of our

19 sales come from what's -- what we refer to

20 as architectural landscape products. Almost

21 none comes from our Novi location, however,

22 which is a shame, considering the

23 demographics of this area.

24 The reason for the discrepancy

 

94

 

1 is that we don't have the ability to stock

2 that type of product in a cost effective

3 manner; meaning, by utilizing outside

4 storage. We inquired about the property on

5 Seeley Road because of it's proximity to our

6 location.

7 The owner was unsuccessful in

8 his efforts to sell the property due to the

9 lack of exposure, and very poor access to

10 the property. This property suits our needs

11 perfectly, by allowing us to grown our

12 business; and we believe it also suits the

13 needs of the City, by allowing Dixie to

14 improve what has historically been sort of

15 an eyesore to the adjacent businesses.

16 We strongly believe that this

17 is essential in order for us to reach our

18 potential in Novi; a community that I reside

19 in and a community that we'd like to do

20 business in for many years to come.

21 So, that's all.

22 MEMBER FISCHER: Thank you, sir.

23 In this case, ten notices were

24 mailed; with one approval and zero

 

95

 

1 objections.

2 Is there anyone in the

3 audience that wishes to comment?

4 Ms. Krieger, are you sure?

5 MEMBER FISCHER: All righty.

6 With no one else in the

7 audience, we'll close that portion of the

8 hearing, and ask Madam Secretary if you

9 could please read the correspondence, the

10 approval that we had.

11 MEMBER GRONACHAN: This is from

12 the Hall Group, LLC, J. Dixon Hall.

13 Is this the Petitioner?

14 MEMBER FISCHER: Would this --

15 MR. JODAN: He is our

16 landlord.

17 MEMBER GRONACHAN: Oh, this is

18 the landlord, okay.

19 MR. JODAN: Yeah.

20 MEMBER GRONACHAN: We strongly

21 support the request variance and have no

22 objection. We'd also support a long term

23 variance if discussed such a request. Use is not

24 detrimental to our property.

 

96

 

1 And that, again, is signed by

2 J. Dixon Hall, manager at 40200 Grand River

3 Avenue, Suite 400.

4 MR. JODAN: Landlord and

5 neighbor, I should point out.

6 MEMBER FISCHER: All right.

7 And Building Department?

8 MR. SAVEN: Just a couple

9 questions that I have.

10 MR. JODAN: Uh-huh.

11 MR. SAVEN: Number one is that,

12 normally we deal with a temporary use permit

13 based upon what I can deal with as far as the

14 amount of time is concerned. This is one's a

15 rather unique situation in that -- in that number

16 one, the property -- the property that he's

17 requesting to have outdoor storage on is not

18 located immediately adjacent to his property, but

19 it goes through another property which is -- also

20 had access to Dixie Cut Stone; but they're

21 planning on leasing this property at the rear of

22 an existing business that has outdoor storage as

23 it exists now --

24 MR. JODAN: That's correct.

 

97

 

1 MR. SAVEN: -- correct?

2 Okay. That's number one.

3 Number two, the only other

4 issue that I have is I would like to point

5 out to the Board, there's a proposed gate

6 that is being called for on this fence. And

7 what I'd like -- what I'd like this

8 gentleman to explain is how this is going to

9 operate? Is that going to be your access to

10 that site to obtain the stone or whatever.

11 It's not really on your property, but it --

12 technically you're going to have access to

13 this.

14 MR. JODAN: Correct.

15 As you can see from this

16 sketch is right now the only access is

17 through Automated Control Systems, which is

18 the owner of the property. And there's a

19 driveway just -- next to his property, a

20 fairly narrow one that leads into that. The

21 own way for us to be able to access it with

22 a fork-lift or whatever the case maybe;

23 whatever method we would use to move these

24 pallets of natural stone. That's what we're

 

98

 

1 talking about here, would be to literally

2 drive all the way around onto Grand River

3 and onto Seeley, which obviously would not

4 be legal.

5 We've got approximately a

6 hundred yards or so to cover -- slightly

7 less, perhaps -- as we drive north out of

8 the rear of our building, and we would need

9 to access the property for -- not only for

10 our own purposes; but the goal would be for

11 customers to be able to go back there and

12 view their stone, as well.

13 We'd like to improve the

14 property by putting little vignettes, if you

15 will, patios, that sort of thing attached

16 to -- not -- I shouldn't say attached, just

17 in front of the steel building that's there.

18 So the idea is to make it a little more

19 homey, I guess, as it were. And really

20 that's the only way we could easily access

21 it, would be through a gate on the south

22 side of the property.

23 In fact, if you'd like, by the

24 way, I do have few photos that show the view

 

99

 

1 kind of from Grand River. That's one of our

2 contentions is that this property can't even

3 be seen from Grand River.

4 MR. SAVEN: I think that would

5 be good for the Board, if they could look at it.

6 MEMBER FISCHER: Pass them

7 along, starting with Mr. Shroyer.

8 MR. JODAN: Just put them on

9 here?

10 MEMBER FISCHER: Oh, yeah,

11 that's fine, too.

12 MR. JODAN: This is the view

13 looking north, obviously, on Grand River.

14 The property is directly north of us, and

15 it's really completely out of sight on

16 this -- on this photo. So, we think -- we

17 think that helps our cause a little bit

18 there, although we're going to do a lot to

19 improve the property. It's a shame no one

20 will actually see those improvements. This

21 is -- if I may?

22 MEMBER FISCHER: Please,

23 continue.

24 MR. JODAN: This is actually

 

100

 

1 on the property looking back south towards

2 our building, which shows a bit of the over

3 growth, and what we hope to clear out of

4 there. And again, to improve what has been

5 quite an eyesore up to this point.

6 And then lastly, this just

7 shows the storage building that's on the

8 property there; that -- which you don't see

9 on here, there's a fair amount of rust on

10 the roof of the building. We plan on

11 repainting the building, repairing,

12 whatever's necessary to be repaired on

13 there. And then the owner of the property

14 is also repairing the fence -- which

15 although it doesn't show up in any of these

16 photos too well, is in disrepair. It's

17 quite rusty, and that's all going to be

18 repaired and brought up to snuff, so.

19 MEMBER FISCHER: Thank you.

20 No more comments from

21 Mr. Saven?

22 Open it up for board

23 discussion.

24 Member Sanghvi?

 

101

 

1 MEMBER SANGHVI: Thank you,

2 Mr. Chairman.

3 I think this temporary use

4 probably is going to be a blessing in

5 disguise for that piece of land. It's not

6 doing any good to anybody at the present

7 time; and it doesn't look -- doesn't appear

8 to be in good repair either. So, by

9 clearing it out and making a better use of

10 the property like this, will be a win-win

11 situation for everybody concerned; and I

12 have no difficulty in supporting this

13 application.

14 Thank you.

15 MEMBER FISCHER: Thank you,

16 Member Sanghvi.

17 Member Gronachan?

18 MEMBER GRONACHAN: Good evening.

19 MR. JODAN: Hi.

20 MEMBER GRONACHAN: I'm looking

21 at the aerial map. I don't know if you have a

22 copy of the aerial map --

23 MR. JODAN: I don't have a

24 copy, but I'm pretty familiar with it.

 

102

 

1 MEMBER GRONACHAN: Okay.

2 We have your building marked,

3 and then there appears to be a lot between

4 Dixie Cut Material and where you're going

5 for this storage. Am I looking at this

6 correctly?

7 MR. JODAN: That's correct.

8 MEMBER GRONACHAN: I drove out

9 there today, and I was very confused, so --

10 MR. JODAN: Yes.

11 MEMBER GRONACHAN: How are you

12 going to get -- and how are you getting to that

13 property again?

14 MR. JODAN: Through that lot.

15 MEMBER GRONACHAN: And who owns

16 that lot?

17 MR. JODAN: That would be a

18 gentleman by the name or Ron Bruer, who owns

19 the building directly south and west of the

20 that, of that property; as well as the

21 building to the east.

22 MEMBER GRONACHAN: And so --

23 MR. JODAN: All of which are

24 neighbors that I've spoken to and certainly

 

103

 

1 given their approval.

2 MEMBER GRONACHAN: And I

3 apologize if I'm duplicating the request, but is

4 there a letter in here from him agreeing to this,

5 that you're going to have access?

6 MR. JODAN: The letter is long

7 overdue. Unfortunately, he's out of the

8 Country right now. So I spoke to him and he

9 has committed on more than one occasion that

10 the letter would be coming; but his concern,

11 of course, is for his tenants. And I've

12 knocked on doors of tenants and they've

13 certainly given verbal approval. They're

14 more than happy to have somebody doing

15 something to that property, as you can

16 imagine.

17 MEMBER GRONACHAN: If he chose

18 not to let you gain access into that back

19 property, what would happen then? Then you would

20 have to go all the way down Grand River, down

21 Seeley through that little driveway?

22 MR. JODAN: That's -- well, we

23 wouldn't be able to access it certainly,

24 with our fork-lift. It would strictly be

 

104

 

1 through Seeley with our trucks; and we'd

2 have to bring customers there that way, as

3 well. So my conversation with him was such

4 that his tenants currently access their

5 buildings through our parking lot and the

6 parking lot owned by the Hall Group there;

7 and they've had a long standing good working

8 relationship, those two landlords have.

9 And frankly, it was sort of a

10 gentlemen's agreement that -- it wasn't

11 necessarily for his tenants to circumvent

12 our lot in order to, you know, to access

13 their buildings. So --

14 MEMBER GRONACHAN: And I

15 apologize. I'm not fully aware of your business,

16 but how long have you been in Novi?

17 MR. JODAN: We've been in that

18 building for approximately nine years.

19 We've been in business since 1960. We're

20 based out of Bridgeport. We're actually the

21 largest natural stone dealer in the State.

22 Our core business is marble and granite for

23 counter tops; we also do limestone. And as

24 I said, a good chunk of our business is in

 

105

 

1 the architectural stone products; that would

2 be like flagstone, brick pavers, that sort

3 of thing; but we don't have th ability to

4 sell that here, so -- up till now,

5 hopefully.

6 MEMBER GRONACHAN: So by

7 gathering this outside storage, you're hoping to

8 basically expand your Novi business; is that

9 correct?

10 MR. JODAN: Yes, without a

11 doubt.

12 That business requires us to

13 have the product in stock. As a rule,

14 landscapers, masons, who do that sort of

15 work don't like to wait for product to be

16 shipped from -- in some cases, several hours

17 a way; depending on where we have the

18 product housed. So it's really essential

19 that we have easy access to that, in order

20 to be able to take advantage of that, so.

21 MEMBER GRONACHAN: Have you

22 thought about relocating within Novi? Looking

23 for a site on one place that would fit

24 altogether?

 

106

 

1 MR. JODAN: We have. We've

2 considered relocating within Novi, as well

3 as outside of Novi.

4 MEMBER GRONACHAN: Okay.

5 MR. JODAN: Frankly, we'd

6 rather stay where we are. But as you know,

7 the cost of building space is not cheap in

8 this area -- that's one of the reason why,

9 you know, the -- this works so well for us.

10 It's the path of least resistance, if you

11 will. You know, my understanding is that

12 we'd have to get into a heavy industrial

13 area in order to allow for this type of

14 thing.

15 Frankly, everything we've

16 checked into -- we've spoken to realtors and

17 the properties we've looked at, just don't

18 have the frontage that we require, because

19 we do run a retail business out of there, as

20 well. So to sort of be tucked back into an

21 industrial park or something like that, just

22 doesn't suit our needs very well.

23 MEMBER GRONACHAN: I'm reluctant

24 to support this without having some verification

 

107

 

1 from the other property owner. I mean, this is a

2 pretty big request. It's pretty unusual.

3 Basically, the bottom line is that, you've out

4 grown the area that you're in. I mean, that's

5 basically what's -- based on what you're telling

6 me is that you've gotten -- your business has out

7 grown what you're doing.

8 And in order to expand it, you

9 have to do this. But I'm reluctant -- I'm

10 getting into -- maybe I should check with

11 the attorney before I go any further.

12 Is it our responsibility to

13 have some sort of verification from this

14 property owner in the middle, if we go ahead

15 and grant this, that we show proof that that

16 property owner has allowed him to gain

17 access to that property; or is that going to

18 be a problem or can you offer me some

19 guidance on that?

20 MS. OZGA: Well -- he is -- the

21 Petitioner is the one who has the burden of proof

22 in this matter. The Board does not have -- have

23 to prove anything here.

24 Now you're asking could he get

 

108

 

1 into a situation where the property owner

2 will not allow him access?

3 Now, did you say that you

4 wouldn't be able to use that property at all

5 if this property in the middle does not give

6 you permission?

7 MR. JODAN: We wouldn't pursue

8 the leasing of the property, no, not at this

9 point, if that was an issue. Frankly, I

10 wouldn't be persuing this at all; especially

11 if it's -- you know, we've sort of gone back

12 and forth initially as to whether or not

13 this is a temporary use or a permanent

14 thing. I can assure you, any lease that we

15 sign would not be temporary. So, we

16 wouldn't even be requesting this, if we

17 weren't real comfortable with our ability to

18 access the property.

19 I would hate to be stuck a

20 year down the road into a five year lease,

21 and suddenly, someone pulled a -- you know,

22 in this case -- the owner of the parking lot

23 sort of pulled the rug out from under us,

24 and say, no, you can no longer access this

 

109

 

1 property.

2 So in other words, we're

3 comfortable with what we've been told up to

4 this point; other ways we would have never

5 persued it, frankly.

6 MEMBER FISCHER: Mr. Saven?

7 MR. SAVEN: Yeah, just a comment

8 here.

9 If you've been out to the

10 site, you would have seen that they have the

11 asphalt that goes all the way out to the

12 fence area.

13 MEMBER GRONACHAN: Right.

14 MR. SAVEN: Two issues at hand,

15 is like the gentleman said, number one -- and

16 like the -- what the Board's alluding to is the

17 fact that number one, is that the owners of that

18 secondary property which is adjacent to them,

19 between that -- his business and the fence --

20 MEMBER GRONACHAN: Right.

21 MR. SAVEN: You're going to have

22 ingress and egress going on back and forth

23 through that parking lot. I would certainly have

24 concerns for the residents or the people who are

 

110

 

1 frequenting that particular business; to insure

2 that their comfort level is there -- number one;

3 to have that ingress and egress going back and

4 forth through that parking lot.

5 They are, in fact, you know,

6 comfortable with that particular situation;

7 because the fence is going to have an

8 opening in that particular area. No less

9 intrusive, hopefully, is going to take

10 place, so we're not going to have problems

11 with ingress and egress to the site. That's

12 number one.

13 Number two, definitely the

14 property owners has an input on this thing.

15 If the Board is looking at

16 moving in that direction, those are the two

17 issues that I'd make as part of the Motion;

18 obtain the letters, agreements, and things

19 of this nature, which are necessary for him

20 to conduct the business.

21 MEMBER GRONACHAN: Thank you,

22 Mr. Saven. You've made it as clear as mud now.

23 MR. SAVEN: Thank you.

24 MEMBER GRONACHAN: No, you have

 

111

 

1 cleared it up.

2 I'm reluctant to vote on this

3 this evening, and I'll tell you why. I

4 would like to see the agreement of this

5 property owner. And the reason why -- my

6 reasoning behind this, is I can appreciate

7 the fact that the Petitioner is not going to

8 enter into this kind of a lease agreement on

9 and on.

10 However, we've got other

11 residents involved. And, I don't -- I want

12 to make sure that there are no -- first,

13 that everybody involved is going have a

14 clear picture, so I would like to see

15 letters from those business and/or residents

16 or whatever is in here that they're

17 approving and accepting this use -- this is

18 a major change.

19 MR. JODAN: Uh-huh.

20 MEMBER GRONACHAN: And I -- my

21 recommendation would be to table this this

22 evening to get further documentation from those

23 other residents and/or businesses showing support

24 of this, so they have a full understanding; and

 

112

 

1 to come back to the Board next month.

2 Is the owner of the property

3 going to be back in the Country?

4 MR. JODAN: Yes, that's the

5 plan. He was supposed to been back by now.

6 Apparently he was delayed, so -- and again,

7 I never received the letter.

8 MEMBER GRONACHAN: Okay.

9 I would be more comfortable.

10 I'm reluctant -- I would not be able to

11 support this this evening, without that

12 additional information to cover all my

13 basis.

14 MEMBER FISCHER: Thank you,

15 Member Gronachan.

16 MEMBER GRONACHAN: Thank you.

17 MEMBER FISCHER: Member Bauer?

18 MEMBER BAUER: All of your

19 (unintelligible) material is going to be actually

20 enclosed in that barn or storage shed or --

21 MR. JODAN: No. Our intention

22 is that a good percentage of it will

23 actually be outside --

24 MEMBER BAUER: Outside?

 

113

 

1 MR. JODAN: -- of that, yeah.

2 Yeah, we'll use that probably

3 to store the equipment to move it, and a few

4 other things that can't be exposed to the

5 elements. But the rest of the products are

6 designed to go outside; so, frankly it

7 wouldn't make much sense for it to store

8 it -- for us to store it inside. Clearly,

9 it's much less expensive to -- outside

10 storage is much less expensive than --

11 MEMBER BAUER: What I have here

12 is it's proposed storage area is to be enclosed.

13 MR. JODAN: I would suspect by

14 that they're referring to the fence all the

15 way around. But other than that, no. The

16 building certainly would be utilized. But

17 the fact that it's only 2500 square feet

18 roughly would not allow us enough room to

19 put, you know, a decent amount of stuff --

20 of landscaping stone in there.

21 And again, these are products

22 that are palletized, essentially housed in a

23 wire basket that's attached to a pallet, and

24 are moved very easily.

 

114

 

1 MEMBER BAUER: I don't believe I

2 would vote for approving it.

3 Thank you.

4 MEMBER FISCHER: Thank you,

5 Member Bauer.

6 Member Krieger?

7 MEMBER KRIEGER: Yes.

8 I would support the endeavor

9 of this, but -- oh, I wouldn't want it -- I

10 have a question to begin with.

11 How long that you planned to

12 have this temporary? Was it a year or what

13 you had in mind?

14 MR. JODAN: The lease on our

15 existing building is up in a year from May.

16 Our intention was to sign a

17 lease on this property that would coincide

18 with that; and at that point when we --

19 renew both leases at the same time for the

20 five years; that's typical for us, so.

21 MEMBER KRIEGER: So then -- also

22 your gentlemen's agreement, if they could --

23 everyone -- every owner in writing would support

24 that, and I would agree to table, so that we

 

115

 

1 could see that. So that in the future if there

2 was some misunderstanding, that it could be shown

3 in that -- that would be helpful.

4 MR. JODAN: Okay.

5 MEMBER KRIEGER: Thank you.

6 MEMBER FISCHER: Thank you.

7 Mr. Saven, I have a question.

8 Looking at this section of the

9 Zoning Ordinance, it talks about -- not

10 instances such as this, but normal temporary

11 use permits, for -- they're allowed for two

12 years in undeveloped; and one year in

13 developed sections of the City; is that

14 correct?

15 MR. SAVEN: That's correct.

16 MEMBER FISCHER: What -- would

17 this be considered developed or undeveloped?

18 MR. SAVEN: Definitely

19 developed.

20 MEMBER FISCHER: Okay.

21 Given that, I'll would be

22 willing to support the request for one year.

23 I can understand the questions about the lot

24 in between, and I understand those concerns

 

116

 

1 given by other Board Members. However, I

2 don't think that it's a good move by this

3 Board or the City to get involved in those

4 types of questions.

5 I would request that the

6 Motion to approve be contingent upon an

7 agreement with that owner, Mr. Bruer, in

8 between. However, getting too entangled in

9 those endeavors is not a very -- it's not

10 the business of the Zoning Board to get

11 involved in those. We're not the Court

12 system.

13 So I would be willing to

14 support this for one year. See how it goes,

15 contingent on a written approval from

16 Mr. Bruer before anything were stored

17 outside. I think that this is a great thing

18 for the area. I've driven by there. I've

19 even gotten speeding tickets down that road.

20 So, it does need to be cleaned up. I look

21 forward to seeing what could be done with

22 it.

23 That said, what type of, you

24 know, screening would you do as far as -- in

 

117

 

1 the I-2 district, outside storage has to be

2 screened with a wall or berm or heavy

3 plantings.

4 Do you plan on any type of

5 screening, natural screening, such as that?

6 MR. JODAN: We've discussed

7 things, anything from Arbor Vites to vines,

8 and even the method where it's a weaving

9 type product that you weave in and out of

10 the fence with --

11 MEMBER FISCHER: Slats.

12 MR. JODAN: Thank you.

13 With my question being, would

14 that be something that we would have to do

15 on all sides -- well, there's nothing on the

16 north side of the property at all, so you're

17 not screening it from anything. The west

18 side of the property is the owner of that

19 property, so, I guess that would be my

20 question.

21 MEMBER FISCHER: My main concern

22 would be Seeley Road.

23 MR. JODAN: Seeley Road, you

24 wouldn't see it, because the property

 

118

 

1 owner's building is in front of it.

2 MEMBER FISCHER: Okay, okay.

3 MR. JODAN: So at no point is

4 any of that property going to be seen by --

5 through a road.

6 MEMBER FISCHER: Okay.

7 MR. JODAN: The only way you

8 see it is to get behind our building into

9 the parking lot that's directly south of

10 there. That's the only place where it can

11 really be seen, frankly, that southern

12 exposure. And once you get into the parking

13 lot.

14 MEMBER FISCHER: Okay.

15 And also given that it's a

16 land locked area, just as you stated, pretty

17 much, I think that provides another case of

18 a hardship. So I don't think it alters the

19 area at all, this would. I think it would

20 pick up the area. So I'm in definite

21 support with those conditions put on the

22 Petitioner.

23 Mr. Shroyer?

24 MEMBER SHROYER: Thank you,

 

119

 

1 Mr. Chair.

2 I agree with the Chairman with

3 his comments. And I will mention, even if

4 you go behind the building on -- off Seeley

5 Road, there's a big ugly berm with trees on

6 it. There's a big ugly berm with trees on

7 it -- repeat that part -- which actually

8 could be cleaned up, too, if the owner would

9 be a little more conscientious, that might

10 be nice.

11 I agree that it's not really

12 our responsibility in regard to obtaining

13 approvals. He's verbally indicated there's

14 no objections from Post Electric; no

15 objections from Ronald Bruer; obviously,

16 none from Hall Group, because they've been

17 in favor of it, etc.

18 The one question I would have

19 that would kickback to our attorney, if I

20 may, is if we were to agree on something

21 like this and someone was in get injured on

22 the property that was between his property

23 and the area that we're approving, is there

24 any liability issues that could come back on

 

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1 the City?

2 MS. OZGA: At this point I'm not

3 aware of any. We can look into this situation a

4 little bit more. If you would like, you know, a

5 more formal opinion on that; if you were to table

6 it to the next meeting, we could look into that a

7 little bit more. At this point, I'm not aware,

8 but I would like to look into that question a

9 little bit more.

10 MEMBER SHROYER: That would be

11 my only concern, because this is a unique

12 situation, and we're are dealing with something

13 that's a little different.

14 Mr. Saven, are you aware of

15 anything like this?

16 MR. SAVEN: I will indicate to

17 you that this is -- although I have lot of

18 respect for this gentleman, anything verbal in

19 this particular case, is one that I can't take to

20 heart here. Everything we do is in a

21 professional manner, and I would suggest we stay

22 with this particular issue. I know that you

23 talked about Mr. Bruer, himself, being -- waiting

24 for that particular information.

 

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1 Yes, we need to get this in

2 writing. You got to bear in mind, this is

3 ingress and egress through that site for a

4 business that he is operating. And those

5 businesses that are adjacent have people who

6 are frequenting that business, and they have

7 to become aware. Duly noted, too, is the

8 fact that they are aware that storage is

9 going to take place. A letter drafted,

10 storage is going to take place; we'll be

11 having access to -- through this particular

12 area; and that this is not going -- this

13 something that they don't have any problem

14 with, or something along that line.

15 But I definitely, definitely

16 want to see this in writing.

17 I'm sorry.

18 MEMBER SHROYER: Well, with that

19 being the case then -- and especially hearing

20 from our attorney that she would like to check

21 into it a little bit farther, I would like to

22 make a Motion we do table this activity, Case

23 Number 05-113, and -- to be put back on the

24 agenda next month, which would give the applicant

 

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1 time to get a letter of approval from Mr. Bruer,

2 and we can move forward from then. And hopefully

3 we'll have a response back from our attorney, as

4 well.

5 MEMBER GRONACHAN: Support.

6 MR. SAVEN: Mr. Chairman, I

7 would ask that -- I know we talked about a month,

8 but I think you should give this gentleman some

9 latitude for two months, based upon the

10 information that can go back and forth; and

11 whether he can get it fast enough to get back to

12 the Board, so that we're not putting any time

13 restraints on this gentleman.

14 MR. JODAN: Well, I suspect the

15 letter's probably won't be sitting on my

16 desk tomorrow morning, with my luck, from

17 the owner, but.

18 MEMBER FISCHER: We'll table it

19 for up to two months. If you have the

20 information by the deadline for February, then

21 we'll put you as the first case in February; if

22 not --

23 MR. JODAN: Okay.

24 MEMBER FISCHER: -- the first

 

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1 case in March.

2 MR. JODAN: Fair enough.

3 MEMBER FISCHER: I'll make that

4 a part of an amendment to the Motion.

5 The seconder agrees?

6 MEMBER GRONACHAN: Yes.

7 MEMBER FISCHER: There's a

8 Motion and a second.

9 Please call the roll,

10 Ms. Backus.

11 GAIL BACKUS: Member Shroyer?

12 MEMBER SHROYER: Yes.

13 GAIL BACKUS: Member Gronachan?

14 MEMBER GRONACHAN: Yes.

15 GAIL BACKUS: Member Bauer?

16 MEMBER BAUER: Yes.

17 GAIL BACKUS: Member Fischer?

18 MEMBER FISCHER: Aye.

19 GAIL BACKUS: Member Krieger?

20 MEMBER KRIEGER: Yes.

21 GAIL BACKUS: Member Sanghvi?

22 MEMBER SANGHVI: No.

23 GAIL BACKUS: Motion passes five

24 to one.

 

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1 MR. JODAN: Okay.

2 MEMBER FISCHER: With those

3 conditions, you're all set. I think -- if you

4 want to talk to Mr. Saven, I think he has a good

5 idea of where we're going with any request that

6 we have. So we look forward to seeing you soon.

7 MR. JODAN: Okay.

8 Thank you.

9 MEMBER GRONACHAN: Thank you.

10

11 MEMBER FISCHER: And we'll move

12 along to other matters.

13 Mr. Saven, would you like to

14 comment on this MDEQ situation?

15 MR. SAVEN: Absolutely.

16 Thank you very much,

17 Mr. Chairman.

18 In regards to the other

19 matters with John Henry for ZBA Case:

20 05-083 that was before you earlier on. What

21 I'd like to point out is that he needed to

22 do an extension of his sanitary line to get

23 to his property. That extension requires an

24 MDEQ permit. They are not the swiftest

 

125

 

1 organization around; kind of like my

2 Department; a little slow in getting things

3 taken care of.

4 But bottom line is that, it is

5 going to take some time, and he still does

6 not have that approval through the MDEQ as

7 it exists right now. He is asking for a 60

8 day extension. I believe this is reasonable

9 for your consideration, and I would ask that

10 you take that into consideration.

11 That's item number one. I do

12 have few other items, if you could -- after

13 this one.

14 MEMBER FISCHER: Sure.

15 They're normally given 90

16 days, correct?

17 MR. SAVEN: Yes.

18 MEMBER FISCHER: So 90 days from

19 January 4th would be March 4th. So I'll move to

20 approve the quest for a 60 day extension to March

21 4th for this applicant, in Case Number 05-083,

22 due to him having to go through Michigan

23 department of Environmental Quality.

24 MEMBER KRIEGER: Second.

 

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1 MEMBER FISCHER: There's a

2 Motion and a second.

3 Ms. Backus, would you please

4 call the roll.

5 GAIL BACKUS: Member Fischer?

6 MEMBER FISCHER: Aye.

7 GAIL BACKUS: Member Krieger?

8 MEMBER KRIEGER: Yes.

9 GAIL BACKUS: Member Sanghvi?

10 MEMBER SANGHVI: Yes.

11 GAIL BACKUS: Member Shroyer?

12 MEMBER SHROYER: Yes.

13 GAIL BACKUS: Member Gronachan?

14 MEMBER GRONACHAN: Yes.

15 GAIL BACKUS: And Member Bauer?

16 MEMBER BAUER: Yes.

17 GAIL BACKUS: Motion passes six

18 to zero.

19 MEMBER FISCHER: Mr. Saven, are

20 there --

21 MR. SAVEN: Yes, I have three

22 other issues, and I'm going to talk fast. I know

23 everybody wants to go home.

24 MEMBER FISCHER: Are they

 

127

 

1 germaine to these proceedings?

2 MR. SAVEN: Absolutely.

3 MEMBER FISCHER: All right,

4 then.

5 Please proceed.

6 MR. SAVEN: This was kind of

7 unique today, in so much that we received options

8 before this Board. I think it behooves the

9 applicant to know what he wants, to bring this

10 before you without going through trying to figure

11 out, well, what we're going to do. This was --

12 this, to mean was -- I'm sorry, but it was

13 getting me aggravated after a while; because it

14 was very hard to follow the case.

15 As far as the -- as far as the

16 sign goes, he's going to give an option to

17 reduce the size of the sign, I think that's

18 great. But for talking about placement or

19 this sign versus this sign, this is -- I

20 believe that the applicant should know

21 exactly what he wants.

22 Or If there was some direction

23 given in that particular area to stay, okay,

24 do the options and I'll live with it. But

 

128

 

1 bottom line, this was very difficult for the

2 Board. I seen it. I seen it before you

3 today, and that was not fair to you guys.

4 I'll be very honest with you.

5 Number two, the issue with the

6 landscaping for the ground sign, yes. This

7 has been a problem in the past. Most of you

8 remember the three times before us issue

9 with the --

10 MEMBER GRONACHAN: Boston

11 Market.

12 MR. SAVEN: What the hecks the

13 name of that gas station?

14 Sunoco.

15 MEMBER GRONACHAN: Sunoco.

16 MR. SAVEN: That was tough.

17 This City looks to have real

18 nice stuff, okay. I mean, bottom line, we

19 want to make sure that everything's

20 pleasing; especially for a gas station. For

21 God sakes. What else can you do? Well,

22 here we had something there that was really

23 nice and all of a sudden, we're sitting

24 there trying to figure, well, you got to

 

129

 

1 make this sign bigger and do this.

2 Yeah, those are issues that I

3 think -- I don't know how to address this

4 from a Planning stage, even from a Planning

5 stage is it possible. But, that's something

6 that maybe we can bring up to -- I'll bring

7 it up to Barb McBeth and talk about stuff

8 like this.

9 MEMBER GRONACHAN: I would like

10 to have that addressed, because I feel that --

11 especially, such as that gas station sign, they

12 put the sign out there, and then they put the

13 growth right up next to the sign. And then --

14 and so you're driving down, and before you know

15 it, you've got a three foot bush, and it just

16 creates -- and I think that they need to look at

17 that and it would reduce some of the request for

18 some of these variances.

19 MEMBER FISCHER: Going along

20 with that, Mr. Saven, just quickly.

21 During -- in the interview,

22 City Council, often asks what can they do to

23 help us out, and we always talk about signs

24 and communication with them regarding

 

130

 

1 Ordinances.

2 Can we get some type of formal

3 communication going as to working with them

4 on a process to get our thoughts to them?

5 You know, I've thrown out some ideas during

6 the interview. I know other people have, as

7 well.

8 MR. SAVEN: That's -- we could

9 do that.

10 MEMBER FISCHER: Okay.

11 MR. SAVEN: We could do that

12 separately, separately through my office and

13 dealing with the them. I would like the whole

14 Board to be in unison on these --

15 MEMBER GRONACHAN: Right.

16 MR. SAVEN: -- concerns.

17 MEMBER GRONACHAN: Right.

18 MR. SAVEN: Okay.

19 MEMBER FISCHER: Would you like

20 a Motion?

21 MR. SAVEN: Well, we don't need

22 a Motion.

23 MEMBER FISCHER: Okay, well.

24 MEMBER GRONACHAN: Just like

 

131

 

1 those baseball captains.

2 MEMBER SHROYER: Mr. Chair?

3 MEMBER FISCHER: Mr. Shroyer?

4 MEMBER SHROYER: Didn't the City

5 just recently re-elect -- not re-elect --

6 rejuvenate the Board of Review?

7 MR. SAVEN: Just happened -- it

8 just happened today. As a matter of fact --

9 MR. AMOLSCH: That's where I

10 was before this meeting.

11 MEMBER SHROYER: Okay. Well,

12 wouldn't that be an ideal place to pass this

13 onto?

14 MR. SAVEN: I think it would be

15 -- I think it would be a great ideal place. I

16 would like to pass it through the Planning

17 Department first, see what -- I mean, giving them

18 the opportunity to take a look at what can be

19 done by, whether it's a process, procedure,

20 whatever that we look at -- sometimes, sites are

21 so confined, that there's not too much space to

22 put things. So it becomes a little bit of a

23 problem.

24 MEMBER GRONACHAN: Well, do you

 

132

 

1 think --

2 MEMBER FISCHER: Ordinance

3 Review or Board of Review?

4 MR. SAVEN: Ordinance --

5 MEMBER SHROYER: Ordinance

6 review.

7 MR. SAVEN: For changes --

8 MEMBER FISCHER: That's

9 different than -- okay.

10 MEMBER GRONACHAN: Don, do you

11 think we could like write something up and make

12 it official, so they don't -- I mean, with the

13 sign Ordinance, we sent requests for a couple of

14 things and it took a very long time. So maybe if

15 we put it to writing -- in writing, send a copy

16 to Council and sent forwarded to the Board of

17 Review, then -- or Ordinance Review, it would,

18 you know, it would have like a tracking of some

19 sort.

20 MR. SAVEN: Yeah. And also a

21 long that same line, I would like to say -- I'd

22 like to start it off in a procedure which we

23 start with the flow, and if you give us that

24 opportunity to address this with the Planning

 

133

 

1 Commission or the Planners to say write up front,

2 let's see what we can do to take care of this.

3 If this can be up front and let everybody know

4 what it is and takes care of the problem right

5 then and there; rather than going through the

6 whole circuit and getting everybody all tore out

7 of shape. I don't think we need to do that. I

8 think we just need to find out where the

9 problem's at and take care of it.

10 MEMBER GRONACHAN: Okay.

11 MR. AMOLSCH: This is the time

12 to do it, because the Council has charged

13 the Ordinance Review Committee with looking

14 at the entire sign Ordinance.

15 MEMBER FISCHER: Yes.

16 MR. AMOLSCH: So now is the

17 time, if the Board wants to do something

18 like that, it's the time to do it.

19 MEMBER GRONACHAN: Okay.

20 MEMBER FISCHER: And Member

21 Sanghvi?

22 MEMBER SANGHVI: As far as I'm

23 aware, Council has a Ordinance Review Committee.

24 MEMBER FISCHER: Correct.

 

134

 

1 MEMBER SANGHVI: Unfortunately,

2 it hasn't been in the past very active. And that

3 is where we are to get the action. So -- and

4 that is beyond our control. So all we can do is

5 make a resolution that we'd like to meet with the

6 Ordinance Review Committee with certain of the

7 Ordinance to be reviewed A, B, C, D, E, so and

8 so. Then, I guess, the onest would be on the

9 Review Committee to respond to that and get on

10 with the job; rather than going in any other way.

11 And there's one way to try and

12 get it expedited. We need to find a number

13 of Ordinances and sign issues which we want

14 reviewed and redefined, for lack or a better

15 word, and give the list to them and say we'd

16 like to discussion this with the Ordinance

17 Review Committee. When can we meet.

18 MEMBER BAUER: I disagree.

19 We're not into changing the Ordinance.

20 MEMBER SANGHVI: We're not

21 changing Ordinances. We are requesting --

22 MEMBER FISCHER: We can suggest

23 ones to be reviewed. I think that's warranted.

24 MEMBER GRONACHAN: Right. To

 

135

 

1 review it.

2 MEMBER BAUER: Each individual

3 unit.

4 MEMBER SANGHVI: It is their

5 responsibility to review it, but we can give them

6 a list of things from our perspective needs to be

7 reviewed.

8 MEMBER FISCHER: Well,we'll let

9 Mr. Saven explore those options and explore what

10 we had talked about, and we'll move on to number

11 three.

12 Mr. Saven?

13 MR. SAVEN: The last and final

14 issue, the cases that you had before you, the

15 sign cases -- the ones were for extensions that

16 were looked at, you have to bear in mind where

17 we're trying to get you the information that

18 talks about the signs and why it was, it seemed

19 like it did not apply in this particular case.

20 It was -- the verbiage on it talked about a sign

21 extension, but this was the reasons why we --

22 this variance was granted from before.

23 It is sometimes necessary and

24 recap those issues that are before you. So

 

136

 

1 if it seemed like it was little off color or

2 whatever the case maybe or a little

3 difficult to understand, it's to bring

4 everybody's attention, this sign had

5 received this particular variance.

6 The one that was six foot, I

7 don't know whether that was something that

8 we beat him down on or whatever it was --

9 MEMBER FISCHER: We did. It was

10 nine.

11 MR. SAVEN: Or something a long

12 that line. I do recall something a long that

13 line.

14 MR. AMOLSCH: He put a six

15 foot tall sign up.

16 MR. SAVEN: Rather than the nine

17 foot.

18 MR. AMOLSCH: The variance was

19 for nine feet. He chose on his own --

20 MR. SAVEN: That was a good

21 point that was brought up, you know, that was

22 something taken into consideration.

23 MR. AMOLSCH: We have to

24 advertise it as --

 

137

 

1 MR. SAVEN: We have to advertise

2 as to what the request was. And we went back to

3 the old case to see what it was.

4 MEMBER FISCHER: That makes

5 sense.

6 MR. SAVEN: Okay.

7 MEMBER FISCHER: Thank you,

8 Mr. Saven.

9 And that can --

10 Yes, Mr. Bauer?

11 MEMBER BAUER: Question.

12 You are going to find out

13 about Brent Canup being away?

14 MR. SAVEN: That's up to the

15 Board.

16 MEMBER BAUER: Oh, I thought you

17 were looking into it.

18 MR. SAVEN: That entirely up to

19 the Board and how they want to handle the

20 situation.

21 We know that -- this is

22 unusual. Tonight's case load is light, and

23 it's not something which is ordinary we had

24 before. Sometimes we deal with difficult

 

138

 

1 cases, and I'm not trying to stay anything

2 that's derogatory or anything, but we need a

3 full board to make decisions. Sometimes

4 that's necessary. The fact that people are

5 going to be away for three months, that's

6 something that, you know, you as a Board,

7 should be looking at to see whether or not

8 this is troublesome to you.

9 Okay. If it's an excused

10 absence, so be it. That's all right.

11 MEMBER FISCHER: I remember at

12 some point when Member Gronachan when you were

13 Chair, I thought there was some type of rule

14 about three meetings missed within six months.

15 MEMBER GRONACHAN: Right.

16 MEMBER FISCHER: I thought that

17 this had been discussed.

18 MEMBER GRONACHAN: Well, before

19 we get into that rule. I thought Member Canup

20 expressed that he did not want to continue on the

21 Board.

22 Has anybody received his

23 formal resignation? Okay. So I think that

24 would be the first question.

 

139

 

1 MR. SAVEN: I have not received

2 any formal resignation from Mr. Canup.

3 MEMBER GRONACHAN: Well, and

4 that could have been my begging and pleading to

5 stay because we didn't know -- in the past

6 Council had been a little laxed on replacing

7 people promptly; and so they already have that

8 done. So -- and I'm confident that they would --

9 if we asked Member Canup what his intentions

10 were -- which he stated at the meeting that it

11 was his intent to resign, because of his

12 traveling.

13 Maybe, we just need to confirm

14 that. So maybe a call to him, at this

15 point, and let him know that we do have a

16 full Board, and see what his option is

17 first, before we make a decision. I think

18 you're -- I think that that's what he's

19 going to stick with. Is that he's planning

20 on retiring, because of his traveling.

21 MEMBER BAUER: I agree.

22 That's what he told me.

23 MEMBER GRONACHAN: That's what

24 he's told all of us. On and off the record.

 

140

 

1 So I think --

2 MR. SAVEN: That was not --

3 that's not what I picked up here at the Board

4 meeting. That night we were asking him that

5 particular question.

6 MEMBER FISCHER: Would it really

7 fall on us, though? Or would that be a Council

8 decision, if they chose it?

9 MEMBER GRONACHAN: No, it would

10 fall on us. Then we would report it to Council.

11 MR. SAVEN: Mr. Canup was

12 trying very hard to be still part of the Board --

13 MEMBER GRONACHAN: Exactly.

14 MR. SAVEN: But still, he -- the

15 expertise that he had, the background that he had

16 was one of the things that I know the Board here

17 looked at very strongly. It is an excused

18 absence. This is something we take a look at.

19 You know, those are -- that's up to the Board. I

20 mean, if there's future from this point

21 forward -- if the three months, he has been

22 excused and then he starts missing more, then I

23 would have that as a concern.

24 MEMBER GRONACHAN: I still feel

 

141

 

1 that knowing what I know, and the conversations

2 that I've have had, that a call to him first

3 should be made, and then brought back to the

4 Board.

5 MR. SAVEN: If that's the

6 direction of the Board, we'll do it.

7 MEMBER FISCHER: I agree.

8 Let's have a call to

9 Mr. Canup.

10 MEMBER GRONACHAN: Unless you

11 want me to fly down to Florida and go ask him

12 personally.

13 MEMBER FISCHER: If we could get

14 a call to him and then let us know at the next

15 meeting. I'd like to move on it, just because

16 February should be another interview month for

17 Council will be interviewing, if we do need to

18 replace that position.

19 So let us know in February.

20 Any other business?

21 Seeing none --

22 MEMBER SANGHVI: I just want to

23 mention it is a very good possibility that I may

24 not be at the next meeting. I may be in

 

142

 

1 California.

2 MEMBER FISCHER: Okay.

3 Then you're off the Board,

4 too.

5 MEMBER GRONACHAN: I have one

6 last thing to say.

7 MEMBER FISCHER: (Unintelligibl

8 e) might not be.

9 Please proceed.

10 Member Gronachan?

11 MEMBER GRONACHAN: Thank you,

12 Chairman Fischer.

13 Friday night was the City

14 appreciation dinner, and I wanted to bring

15 some sort of recognition for the most

16 creative dancer. So I don't know if all of

17 you missed it or not, Mr. Saven won the

18 twist contest --

19 MEMBER FISCHER: He did.

20 MEMBER GRONACHAN: -- at the

21 dance Friday night, and we just want to commend

22 you.

23 MEMBER FISCHER: We'll put that

24 on the agenda. A video tape of Mr. Saven dancing

 

143

 

1 next time.

2 I'll entertain a Motion to

3 adjourn.

4 MR. SAVEN: Thank you.

5 MEMBER FISCHER: All in favor

6 say Aye?

7 BOARD MEMBERS: Aye.

8 MEMBER FISCHER: Adjourned.

9 (The meeting was adjourned at

10 9:30 p.m.)

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1 C E R T I F I C A T E

2

3 I, Machelle Billingslea-Moore,

4 do hereby certify that I have recorded

5 stenographically the proceedings had and testimony

6 taken in the above-entitled matter at the time and

7 place hereinbefore set forth, and I do further certify

8 that the foregoing transcript, consisting of (139)

9 typewritten pages, is a true and correct transcript

10 of my said stenograph notes.

11

12

13 ___________________________

Machelle Billingslea-Moore,

14 Certified Shorthand Reporter

15

16 February 3, 2006.

(Date)