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REGULAR MEETING – ZONING BOARD OF APPEALS
CITY OF NOVI
ACTION SUMMARY
Monday, November 5, 2007– 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.

Roll call Members Bauer, Canup, Fischer, Krieger, Sanghvi, Shroyer and Wrobel

Present: Members Bauer, Canup, Fischer, Krieger, Sanghvi, Shroyer

Absent: Member Wrobel (excused)

Also Present: Tom Schultz, City Attorney; Barbara McBeth, Community Development Deputy Director; Robin Working, ZBA Recording Secretary

Pledge of Allegiance

Public Hearing Format and Rules of Conduct:
  1. Please turn off pagers and cell phones during the meeting.
  2. Applicant/Representative will be asked to come forth, state their name and address and be sworn in by the Secretary.
  3. Applicants/Representatives will be allowed five (5) minutes to address the Board and present their case. An extension of time may be granted at the discretion of the Chairperson.
  4. Anyone in the audience who wishes to address the Board regarding the current case will be asked by the Chairperson to raise their hands to be recognized.
  5. Once recognized, audience members addressing the Board will be sworn in and given three (3) minutes to speak as an individual or ten (10) minutes to speak if representing a group.
  6. Members of the audience will be allowed to address the Board once unless directly questioned by a Board member or the Chairperson.
  7. The Secretary will read the number of public hearing notices mailed pertaining to the current case. Objection and approval responses will be entered into the record at this time.
  8. The Chairperson will ask for input from the Community Development Department Liaison, the Ordinance Enforcement Officer, the Planning Department and the City Attorney.
  9. The Chairperson will turn the case over to the Board for discussion, clarification and entertain a motion when appropriate.
  10. Impromptu statements from the audience during discussion by the Board will be considered out-of-order.
  11. A roll call vote will be taken to approve or deny the motion on the table and the next case will be called.

Approval of Agenda

Approval of Minutes – October 9, 2007

Public Remarks

1. Case No. 07-059 filed by Scott Smith of Clark Hill for the Adell Brothers Trust

Applicant is requesting the consideration of a delayed administrative appeal of a determination by the Deputy Director of Community Development stating the use of the former Novi Expo Center as a trade center/market does not fall within the uses allowed in an EXPO district. Applicant is further requesting a use variance from the strict application of the provisions of Article 10 EXO Exposition Overlay District of the Novi Zoning Ordinance. Property is zoned EXPO and located west of Novi Road and south of I-96.

CITY OF NOVI ZONING BOARD OF APPEALS Rules of Procedure, Article IX Amendments and Appeals to the Board, Section 9.1, Appeals to the Board, states: "Any applicant shall have the right to an appeal to the board no later than thirty (30) days from the administrative action, which is the subject of the appeal. If the right to appeal expires, an Applicant may seek leave to bring a delayed appeal based upon clear and convincing demonstration of good cause for the delayed appeal. The Board shall vote upon whether or not to consider the delayed appeal prior to consideration of the merits of the petition.

CITY OF NOVI CODE OF ORDINANCES Section 3104 1. a., Administrative Review, states: "The Zoning Board of Appeals shall…hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Building official or any other administrative official in carrying out or enforcing provisions of this Ordinance."

CITY OF NOVI CODE OF ORDINANCES Section 3104 1. b., Jurisdiction, states: "The Zoning Board of Appeals shall have the power to authorize, upon appeal a variance from the strict application of the provisions of this Ordinance where by …the strict application of the regulations enacted would result in peculiar or exceptional difficulties to or exceptional undue hardship upon the owner of such property provided such relief may be granted without substantially impairing the intent and purpose of the Ordinance."

Applicant is requesting consideration of a delayed appeal, an administrative appeal, or, alternatively, a use variance.

IN CASE NO.07-059 MOVE TO TABLE THE CASE FOR THE PURPOSE OF OBTAINING ADDITIONAL FACTUAL INFORMATION AS REQUESTED BY THE BOARD GIVING THE APPLICANT’S COUNSEL UNTIL DECEMBER 3, 2007 TO SUBMIT THEIR DOCUMENTATION AND REQUESTED INFORMATION TO THE CITY ON THAT DATE. WE WOULD POSTPONE THIS CASE TO THE JANUARY 8, 2008 MEETING (sic).

Motion Carried: 6-0

Motion Maker: Fischer

Meeting Adjourned 9:24 p.m.

NOTICE: People with disabilities needing accommodations for effective participation in this meeting should contact the Community Development Department (248) 347-0415 at least seven working days in advance of the meeting. An attempt will be made to make reasonable accommodations.