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View Agenda for this meeting REGULAR MEETING - ZONING BOARD OF APPEALS 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, on Tuesday, August 9, 2011 BOARD MEMBERS ALSO PRESENT: REPORTED BY: 1 Novi, Michigan. 2 Tuesday, August 9, 2011 3 7:00 p.m. 4 ** ** ** 5 CHAIRMAN GHANNAM: Good evening everyone. 6 Welcome to the August 9th, 2011 Zoning Board of Appeals 7 meeting. If we could all please stand and say the 8 Pledge of Allegiance. 9 Member Gedeon, if you could start us off. 10 (The Pledge of Allegiance was recited.) 11 CHAIRMAN GHANNAM: Ms. Pawlowski, can you 12 please call the roll. 13 MS. PAWLOWSKI: Member Gedeon? 14 MR. GEDEON: Here. 15 MS. PAWLOWSKI: Member Gerblick? 16 MR. GERBLICK: Yes. 17 MS. PAWLOWSKI: Chairman Ghannam? 18 CHAIRMAN GHANNAM: Here. 19 MS. PAWLOWSKI: Member Ibe? 20 MR. IBE: Present. 21 MS. PAWLOWSKI: Member Krieger? 22 MS. KRIEGER: Here. 23 MS. PAWLOWSKI: Member Sanghvi? 24 MR. SANGHVI: Yes. 25 MS. PAWLOWSKI: Member Skelcy? LUZOD REPORTING SERVICE (313) 962-1176
4 1 MS. SKELCY: Here. 2 CHAIRMAN GHANNAM: Thank you. We have rules 3 of a public hearing in the back, if you would like to 4 take a look at them, otherwise, I will go over a few of 5 them. 6 Please turn off any pagers or cellphones 7 during this meeting. Applicants, when their case is 8 called, will be asked to come forth and state their 9 name and addresses and be sworn by our secretary. 10 You will be allowed five minutes, and 11 extensions may be granted at the discretion of the 12 Chair. People from the public will be asked to comment 13 on cases if they're interested. 14 Next on the agenda would be our approval of 15 the agenda from our -- for this particular meeting. 16 Are there any additions or corrections to the agenda? 17 MS. PAWLOWSKI: No. 18 CHAIRMAN GHANNAM: Nothing from the City? 19 MS. KUDLA: No. 20 CHAIRMAN GHANNAM: I'll take a vote then. 21 All in favor of approving the agenda, as written, say 22 aye. 23 THE BOARD: Aye. 24 CHAIRMAN GHANNAM: Any opposed? Seeing none, 25 our agenda is approved. LUZOD REPORTING SERVICE (313) 962-1176
5 1 We will move to the approval of the minutes 2 for July 12, 2011. Any modifications or corrections? 3 Seeing none, I'll -- 4 MR. SANGHVI: There is a little spelling 5 error, homophone. On page 42, July 12, I think it 6 p-e-a-c-e, it should be p-i-e-c-e. 7 CHAIRMAN GHANNAM: Anything else? Seeing 8 none, I'll entertain a motion to approve the minutes 9 for July 12 as -- 10 MR. SANGHVI: So moved. 11 MR. IBE: Second. 12 CHAIRMAN GHANNAM: All in favor say aye. 13 THE BOARD: Aye. 14 CHAIRMAN GHANNAM: Any opposed? Seeing none, 15 our minutes are approved as modified. 16 At this point, I will open it up for public 17 remarks. If there is anybody in the public who would 18 like to make a comment, not pertaining to a case on the 19 agenda tonight, please step forward and I'll recognize 20 you. 21 Seeing none, I will close the public remarks 22 section and move to our first case. 23 Case No. 11-25 for ULTA. The applicant is 24 requesting a variance to allow placement of an 25 additional 65 square foot wall sign on a tenant suite LUZOD REPORTING SERVICE (313) 962-1176
6 1 in the Novi Town Center Retail Center. 2 Is the applicant here? Any word, 3 Ms. Pawlowski, from the applicant? 4 MS. PAWLOWSKI: I have not heard any word 5 from them, that they are not attending. 6 CHAIRMAN GHANNAM: Seeing none, I will simply 7 will pass that for the moment, and we will move it to 8 the end. 9 I will move to Case No. 2 -- or Item No. 2, 10 Case No. 11-026 for 43700 Expo Center Drive. 11 Is the applicant here on that? Any word from 12 them? 13 MS. PAWLOWSKI: No. 14 CHAIRMAN GHANNAM: I will pass that also. 15 Move to Item No. 3. Case No. 11-027, for Old Dutch 16 Farms. 17 MR. QUINN: Well, thanks for moving 18 everything along so quickly. My name is Matt Quinn. 19 I'm the attorney represent Old Dutch Farms, II, LLC, 20 the owner of this park, which is the oldest park in the 21 City of Novi. 22 Last year, when I was here, we asked for the 23 signage that was granted, and the sign was put up at 24 that time, and it's been up during this time period. 25 The circumstances haven't changed, we're still asking LUZOD REPORTING SERVICE (313) 962-1176
7 1 that this sign be continued. Last year we should have 2 asked for two years, but when they filed the 3 application, they only last for one year. 4 Then when I was here, I asked for two, and 5 was told it couldn't be two because we hadn't asked for 6 it in the publication. 7 So this time, we are asking for two years. 8 The reason for the sign is two-fold. 9 Number one, because of the speed along Napier 10 Road, and how this center sits back, it's really not 11 that visible. The sign which we are asking is 32 12 square feet, as I said, is there, it serves its 13 purpose, but this center -- these investors are from 14 British Columbia. 15 They have taken the time to make an 16 investment in the City of Novi a few years ago, and 17 they're trying their best to make this park succeed. 18 As we stated, there is many sites that are 19 approved, but not yet built upon, and there are sites 20 that are built upon that have a small vacancy in them. 21 So that's the second part of this criteria, 22 as we are asking that this signage be allowed to be 23 there, give them the exposure along Napier. 24 Now that Napier has been paved a couple years 25 ago, before remember, it was mostly dirt, we are seeing LUZOD REPORTING SERVICE (313) 962-1176
8 1 more traffic along Napier Road, certainly, cutting 2 between Grand River and Ten Mile and farther to the 3 south. 4 So hopefully this additional signage will 5 give notification to the traveling public that this 6 mobile home park is there, and therefore, I would ask 7 that this be approved for an additional two years. 8 If there is any questions, I will be more 9 than happy to answer them. 10 CHAIRMAN GHANNAM: Thank you, sir. Is there 11 anybody in the public who would like to make to comment 12 on this particular case? 13 Seeing none, I will close the public remarks 14 section and ask our secretary to read any 15 correspondence. 16 MS. SKELCY: 475 notices were mailed. There 17 was zero approvals, zero rejections and 83 letters were 18 returned from the post office. 19 CHAIRMAN GHANNAM: Any comments or questions 20 or issues from the City on this one? 21 MR. BOULARD: Nothing to add. 22 MS. KUDLA: No. 23 CHAIRMAN GHANNAM: I will open it up to the 24 Board for discussion. Member Sanghvi? 25 MR. SANGHVI: I have seen this sign umpteen LUZOD REPORTING SERVICE (313) 962-1176
9 1 times. It is really in good taste, and I have no 2 problems supporting the applicant's case. Thank you. 3 CHAIRMAN GHANNAM: Anybody else? I will 4 entrain a motion, if there is no other discussion. 5 Member Krieger. 6 MS. KRIEGER: In Case No. 11-027, Old Dutch 7 Farms, the applicant is requesting the variance from 8 extension of the previous, and I move to approve their 9 request for a period of two years, to the property 10 located on Twelve Mile at Old Dutch Farms, that the 11 request is based upon circumstance unique to the 12 features. As you drive southbound it grabs your 13 attention, as you drive northbound, after you pass the 14 tree, you're like, there is something to see there. 15 It's not self-created. 16 The failure to grant relief will unreasonably 17 prevent and limit the use of the property, and will 18 result in substantially more than mere inconvenience or 19 inability to attain a higher economic return and the 20 grant of relief will not result in the use of structure 21 that is incompatible with or reasonably interferes with 22 adjacent or surrounding properties, and will result in 23 substantial justice being done to both the applicant 24 and adjacent surrounding properties, and is not 25 inconsistent with the spirit of the ordinance. LUZOD REPORTING SERVICE (313) 962-1176
10 1 MR. SANGHVI: Second. 2 CHAIRMAN GHANNAM: Any further discussion? 3 Seeing none, Ms. Pawlowski, can you please call the 4 roll. 5 MS. PAWLOWSKI: Member Gedeon? 6 MR. GEDEON: Yes. 7 MS. PAWLOWSKI: Chairman Ghannam? 8 CHAIRMAN GHANNAM: Yes. 9 MS. PAWLOWSKI: Member Ibe? 10 MR. IBE: Yes. 11 MS. PAWLOWSKI: Member Krieger? 12 MS. KRIEGER: Yes. 13 MS. PAWLOWSKI: Member Sanghvi? 14 MR. SANGHVI: Yes. 15 MS. PAWLOWSKI: Member Skelcy? 16 MS. SKELCY: Yes. 17 MS. PAWLOWSKI: Motion passes six to zero. 18 MR. QUINN: Thank you all very much, and will 19 my wife be surprised. 20 CHAIRMAN GHANNAM: Moving to Item No. 4, Case 21 No. 11-028 for 1601 East Lake Drive. Will the 22 applicant foreward, please. 23 MS. JACOBONI: Hi. My name is Toby Jacoboni. 24 CHAIRMAN GHANNAM: Please state your address. 25 MS. JACOBONI: 1601 East Lake Drive, Novi. LUZOD REPORTING SERVICE (313) 962-1176
11 1 CHAIRMAN GHANNAM: Can you please raise your 2 right hand and be sworn by our secretary. 3 MS. SKELCY: Do you swear or affirm to tell 4 the truth? 5 MS. JACOBONI: I do. 6 CHAIRMAN GHANNAM: Please proceed, ma'am. 7 MS. JACOBONI: I am here today to put on 8 addition on the upper level of my home, pre-existing 9 level. 10 CHAIRMAN GHANNAM: You want to explain 11 further, or show any -- 12 MS. JACOBONI: I supplied you with pictures, 13 and I had blueprints drawn up. There is -- I'm trying 14 to put a third bedroom upstairs, there is two now, and 15 I have a boy and girl, so I was hoping to have a third 16 bedroom for them. 17 CHAIRMAN GHANNAM: Anything else? 18 MS. JACOBONI: That's it. 19 CHAIRMAN GHANNAM: Is there anybody from the 20 public who would like to make a comment on this 21 particular case, please raise your hand. 22 Seeing none, I will close the public remarks 23 section and ask our secretary to please read the 24 correspondence. 25 MS. SKELCY: Forty-seven were mailed, there LUZOD REPORTING SERVICE (313) 962-1176
12 1 was no approvals, no objections and no return mail. 2 CHAIRMAN GHANNAM: Thank you. Any comments 3 from the City? Mr. Boulard. 4 MR. BOULARD: Just a couple things. In 5 your -- the folder you're -- at your seat is a drawing 6 that was provided to us this afternoon of -- with some 7 more details on the proposed addition. 8 The way that the variance was written up was 9 with the understanding that the new addition would 10 just -- continue back from the existing second floor, 11 and just occupy the space above the existing first 12 floor out there. 13 The drawing shows that a little bit 14 different. So there is a couple of things. We did not 15 advertise for a side setback, which would have been 16 the -- essentially the side away from the road. 17 So my suggestion would be -- was to -- to the 18 applicant, was that there is 11 feet and change there. 19 The setback is only 10 feet, and so my suggestion would 20 be that, since we couldn't approve a variance for that, 21 without readvertising for the side setback, that maybe 22 try to work within that or come back. 23 On the other side, I spoke with Ms. Kudla, 24 and we looked at the posting, and there was not a -- in 25 the advertisement, there was an not a limit on the LUZOD REPORTING SERVICE (313) 962-1176
13 1 setback or a designation of the setback. 2 So if you're inclined, on that, on the 3 roadside, the exterior side yard setback, my 4 understanding is it would be within the Board's purview 5 to approve the two-foot extension beyond the existing 6 wall tonight. 7 CHAIRMAN GHANNAM: Just a question. The 8 proposed setback is how much in terms of the particular 9 request? If it's approved, we can always approve a 10 max. 11 MR. BOULARD: The setback along the -- 12 essentially, the north side of the house, varies from 13 3.1 at the front to five feet at the rear. The two 14 feet -- two feet would reduce that setback down to, I'm 15 guessing, if we said two and a half feet, or something 16 like, that would be safe, with the tapered setback. 17 CHAIRMAN GHANNAM: Anything else from the 18 City? I'll open it to the Board for discussion. 19 Member Sanghvi. 20 MR. SANGHVI: My question is, this is a 21 symmetrically -- second level is symmetrically jutting 22 out on both sides, north and south, right, according to 23 this. 24 MR. BOULARD: The request is for two feet of 25 extension on the roadside, and two feet on the back LUZOD REPORTING SERVICE (313) 962-1176
14 1 side. We did not advertise for any extension on the 2 back side or the south side, so at that point, we 3 couldn't approve a variance. The Board couldn't 4 approve a variance for that tonight. 5 If the applicants wants to work within the 6 space that's available, they could probably get a foot 7 a change back there. But what's would be before the 8 Board tonight, is the ability to put the addition on a 9 non-conforming structure and go two feet to the north, 10 if you will all deem that that's appropriate. 11 MR. SANGHVI: I have no problem with the 12 north side, because there is a street there. But I 13 don't know what your neighbor thinks about you jutting 14 out on the south side of you. Have you spoken to your 15 neighbor? 16 MS. JACOBONI: Yeah, no one has had problems 17 with it. 18 MR. SANGHVI: They have no problem. They are 19 aware that it is jutting out on the second level? 20 MS. JACOBONI: On the second level upstairs, 21 yes, theirs does as well. 22 MR. SANGHVI: Okay, they don't have any 23 problem, I have no problem. 24 CHAIRMAN GHANNAM: Member Skelcy. 25 MS. SKELCY: I think what you're saying is LUZOD REPORTING SERVICE (313) 962-1176
15 1 that the -- she has to work within the rear setback; in 2 other words, she can't extend back. Tonight we can 3 only approve a side setback because that's all that was 4 advertised? 5 MR. BOULARD: Right. Because of the -- where 6 the address is on the lot and so on, the rear setback 7 is actually fine, that's back where the garage is, it 8 would be the side setback, that's against the adjacent 9 property owner, where the adjacent house is, that's 10 where we did not advertise for that. They have got 11 11 feet and change, and the minimum is 10 feet there. 12 So that's what couldn't be granted tonight. 13 On the roadside of the house, where it would 14 normally -- an exterior side setback or another front 15 setback is where -- that's where we advertised without 16 a specific number, and the request is go two feet 17 beyond the existing footprint into that. 18 MS. SKELCY: Now, you talked with Mr. Boulard 19 today about this? 20 MS. JACOBONI: I did, yes. 21 MS. SKELCY: What was your preference? 22 MS. JACOBONI: I'm even willing to move an 23 inside wall. We are just trying to get, you know, 24 obviously, as much room as we could upstairs, for the 25 little ones. I'm willing to even move an inside wall, LUZOD REPORTING SERVICE (313) 962-1176
16 1 six inches, you know, that's not bad. Four feet, that 2 was kind of, you know, that was kind of big. So if I 3 got to move a wall over a few inches, that's fine. You 4 know, inside, but like I said, they were worried 5 about -- the neighbors, didn't have a problem, and, you 6 know, the other side is okay under the guidelines, 7 so -- 8 MS. SKELCY: Okay, thank you. 9 CHAIRMAN GHANNAM: Anything else from the 10 Board? Member Krieger? 11 MS. KRIEGER: I guess I would want to hear 12 from the neighbor, in writing, I'm sorry. So he 13 doesn't come back and said, hey, nobody talked to me. 14 Even though he said that he did. 15 Then two, if you were otherwise maybe willing 16 to table it, and then maybe get that, and then if you 17 want go to with this one, versus the previous one, that 18 was advertised? 19 MR. BOULARD: If I might, the extension on 20 the neighbor's side would be within the bounds of the 21 ordinance, so there wouldn't be a variance required. 22 Based on what -- 23 MS. KRIEGER: What would the distance then be 24 between them and the neighbor -- 25 MR. BOULARD: The petitioner has agreed to, LUZOD REPORTING SERVICE (313) 962-1176
17 1 at least in our conversation, to keep that a minimum of 2 10 feet. 3 MS. JACOBONI: Yes. 4 MS. KRIEGER: Okay. 5 MR. BOULARD: If that makes it easier. 6 MS. KRIEGER: Yes, that helps. Thank you. 7 CHAIRMAN GHANNAM: I personally have no 8 problem with your request, ma'am. I have reviewed this 9 and it does appear to be reasonable to me. Anybody 10 else want to make a comment or a question? 11 Seeing none, I will entertain a motion. 12 Member Skelcy. 13 MS. SKELCY: In the case of a 11-028, for 14 1601 East Lake Drive, I move that we grant the variance 15 requested, which is a 3.1-foot minimum setback, and 3.1 16 foot minimum side yard exterior -- exterior side yard 17 setback, correct? 18 MR. BOULARD: Based on the extension of the 19 upper floor, you need to reduce that to 2.5 if you're 20 wanting to grant the applicant the full two feet. 21 CHAIRMAN GHANNAM: Move to grant as proposed, 22 does that make sense, instead of being specific? 23 MR. BOULARD: Perhaps as proposed in the 24 current drawing. 25 MS. SKELCY: I move that we grant the LUZOD REPORTING SERVICE (313) 962-1176
18 1 variance which as requested pursuant to the drawing for 2 1601 East Lake Drive, and I believe that it meets the 3 criteria that there are unique circumstances and 4 physical conditions of the property, such as 5 narrowness, shallowness, shape, water topography and 6 similar physical conditions, and the need for the 7 variance is not due to the applicant's personal or 8 economic difficulty. The need is not self-created, 9 certain in compliance with regulations, governing area 10 setback frontage, height, bulk, density and other 11 dimension requirements, will not unreasonably prevent 12 the property owner from using the property for a 13 permitted purpose, will render conformity with those 14 regulations unnecessarily burdensome. 15 The requested variance is the minimum 16 variance necessary to do substantial justice to the 17 applicant as well to other property owners in the 18 district. 19 The requested variance will not cause an 20 adverse on surrounding property, property values or the 21 use and enjoyment of the property in the neighborhood 22 or zoning district. 23 MS. KRIEGER: Second. 24 CHAIRMAN GHANNAM: Seeing a motion and a 25 second, any further discussion? Seeing none, can you LUZOD REPORTING SERVICE (313) 962-1176
19 1 please call the roll. 2 MS. PAWLOWSKI: Member Gedeon? 3 MR. GEDEON: Yes. 4 MS. PAWLOWSKI: Chairman Ghannam? 5 CHAIRMAN GHANNAM: Yes. 6 MS. PAWLOWSKI: Member Ibe? 7 MR. IBE: Yes. 8 MS. PAWLOWSKI: Member Krieger? 9 MS. KRIEGER: Yes. 10 MS. PAWLOWSKI: Member Sanghvi? 11 MR. SANGHVI: Yes. 12 MS. PAWLOWSKI: Member Skelcy? 13 MS. SKELCY: Yes. 14 MS. PAWLOWSKI: Motion passes six to zero. 15 MS. JACOBONI: Thank you so much. 16 CHAIRMAN GHANNAM: Congratulations. 17 I'm going to move back to case -- or Item No. 18 1, Case No. 11-025. Is the applicant here for U-L-T-A? 19 Please step forward. 20 Please state your name and address. 21 MS. DEMLOW: My name is Carrie Demlow. I'm 22 with Allied Signs on behalf of ULTA. My address is 23 33650 Gifthills Drive in Clinton Township. 24 CHAIRMAN GHANNAM: Can you please raise your 25 hand and be sworn by our secretary. LUZOD REPORTING SERVICE (313) 962-1176
20 1 MS. SKELCY: Do you swear or affirm to tell 2 the truth? 3 MS. DEMLOW: I do. 4 CHAIRMAN GHANNAM: Thank you. Please 5 proceed. 6 MS. DUMLO: We are here tonight to request an 7 additional wall sign that would be the same size as the 8 one that is currently approved. It would be for the 9 side of the building that would be facing -- hold on 10 one second. 11 It would be a similar situation, as far as 12 visibilty and restrictions as some of the other stores 13 within that shopping center, that we have been here 14 before, actually for. 15 I want to make sure I get the right elevation 16 that we are going for, to tell you how high it is. 17 The one that would be facing Town Center 18 Drive is the one that we are requesting. It would be 19 65 square feet of sign on that wall, and the one that 20 we already submitted for permits for, is also 65 square 21 feet. 22 And that one faces Grand River, so we are 23 here to kindly request that you consider an additional 24 wall sign for the client, for additional visibility, 25 just due to the location being more on the interior of LUZOD REPORTING SERVICE (313) 962-1176
21 1 the shopping center than some of the other stores. 2 CHAIRMAN GHANNAM: Thank you. Is there 3 anybody from the public who would like to make a 4 comment on this case? 5 Seeing none, I will close the public remarks 6 section and ask the secretary to please read the 7 correspondence, if any. 8 MS. SKELCY: 147 notices were mailed. There 9 was no approvals, no rejections and 35 were returned by 10 the post office. 11 CHAIRMAN GHANNAM: Any comments from the 12 City? 13 MS. KUDLA: No. 14 MR. BOULARD: The only comment would be to 15 point out that this is -- this suite where this 16 business is proposed to go is one of the -- end of one 17 of the reconfigured buildings in Town Center. 18 It does face away from both Crescent 19 Boulevard and Ingersol Drive, so the sign that -- the 20 two signs will actually, one will be facing the parking 21 lot of the future Wal-mart, quite a ways from Eleven 22 Mile, and then the other will actually be facing the 23 interior circulation drive that faces TJ Maxx, so it is 24 a bit of a challenging location. 25 CHAIRMAN GHANNAM: Thank you. I will open it LUZOD REPORTING SERVICE (313) 962-1176
22 1 up to the Board for discussion. Member Krieger? 2 MS. KRIEGER: Will the ULTA sign facing east 3 be obstructed by the Wal-mart? If they're driving -- 4 MR. BOULARD: It will actually be -- you 5 won't be able to see it from Town Center Drive. There 6 is a building called X1, that isn't -- that will in 7 fill between TJ Maxx and Wal-mart, and so the only 8 place you will be able to see that sign is from that 9 internal drive in front of TJ Maxx. 10 Does that make sense? 11 MS. KRIEGER: Yep. I drove by, and I don't 12 have a problem with the request. Thank you. 13 CHAIRMAN GHANNAM: Member Sanghvi? 14 MR. SANGHVI: Thank you, Mr. Chair. The 15 entire Town Center design has been completely revamped. 16 And previously there are stores blocking the view, and 17 it's all gone now. And there is a lot of open space 18 (inaudible) for this sign to be visible. 19 So I have no with giving them some visibility 20 because of the change in the structure of the whole 21 Town Center. Thank you. 22 CHAIRMAN GHANNAM: Any other comments from 23 the Board? 24 I'll put in my own two cents worth. I do 25 agree with Member Sanghvi. I mean, it has changed the LUZOD REPORTING SERVICE (313) 962-1176
23 1 entire structure, in the sense we are trying to 2 retrofit some of these building. 3 I just have one question for the City. 4 It says proposed LED illuminated letters. 5 Are those allowable under ordinance? 6 MR. BOULARD: It's allowable in the sense 7 that they're continuously lit. This is not an LED 8 changeable copy sign. It's an illuminated sign, and my 9 understanding they're using LEDs to illuminate the 10 sign, more energy efficient, don't burn out as much. 11 CHAIRMAN GHANNAM: That's fine. One of them 12 is authorized by ordinance and the one just needs the 13 variance, correct? 14 MR. BOULARD: Yeah. 15 CHAIRMAN GHANNAM: I have no problem. 16 Anybody else? A question, comments? If none, I will 17 him entertain a motion. Member Krieger? 18 MS. KRIEGER: In Case No. 11-025, for ULTA, 19 on 26132 Ingersol Drive, I move to approve the request 20 for the petitioner for the second wall sign, and that 21 the request is based upon circumstances unique to the 22 features that are exceptional and unique to the 23 property. Being that Town Center is being revamped, 24 and will have many drive-through roads and have many 25 corners, be easier to see. It's not self-created. LUZOD REPORTING SERVICE (313) 962-1176
24 1 The failure to grant relief will 2 substantially unreasonably permit or limit the use of 3 the property and will result in substantially more than 4 mere inconvenience or inability to obtain a higher 5 economic return. 6 And the grant of relief will not result in 7 its use of structure that is incompatible with or 8 unreasonably interferes with adjacent or surrounding 9 properties, and will result in substantial justice 10 being done to the applicant and adjacent and 11 surrounding properties, and is not inconsistent with 12 this spirit of the ordinance. 13 MR. IBE: Second. 14 CHAIRMAN GHANNAM: Seeing a motion and a 15 second, any further suggestion? Seeing none, please 16 calling the roll. 17 MS. PAWLOWSKI: Member Gedeon? 18 MR. GEDEON: Yes. 19 MS. PAWLOWSKI: Chairman Ghannam? 20 CHAIRMAN GHANNAM: Yes. 21 MS. PAWLOWSKI: Member Ibe? 22 MR. IBE: Yes. 23 MS. PAWLOWSKI: Member Krieger? 24 MS. KRIEGER: Yes. 25 MS. PAWLOWSKI: Member Sanghvi? LUZOD REPORTING SERVICE (313) 962-1176
25 1 MR. SANGHVI: Yes. 2 MS. PAWLOWSKI: Member Skelcy? 3 MS. SKELCY: Yes. 4 MS. PAWLOWSKI: Motion passion six to zero. 5 CHAIRMAN GHANNAM: Thank you. 6 I will move back and recall Item No. 2, Case 7 No. 11-026 for 43700 Expo Center Drive. Are you here, 8 sir, for that case? Can you please step forward. 9 Please state your name and address for the 10 record. 11 MR. GILTNER: David Giltner. Signature 12 associates, One Town Square, Suite 1200, Southfield, 13 Michigan 48076. 14 CHAIRMAN GHANNAM: Can you please raise your 15 hand and be sworn by our secretary. 16 MS. SKELCY: Do you swear or affirm to tell 17 the truth? 18 MR. GILCHREST: I do. 19 CHAIRMAN GHANNAM: Please proceed. 20 MR. GILCHREST: I am here regarding the 43700 21 Expo Center Drive, to renew an existing sign for a 22 period of one year from now. 23 CHAIRMAN GHANNAM: Anything else? Seeing 24 nothing, I will open it up to the public for any 25 comments on this particular case. LUZOD REPORTING SERVICE (313) 962-1176
26 1 If there is anybody, please raise your hand. 2 Seeing none, I will close the public remarks 3 section that ask that our secretary to read the 4 correspondence. 5 MS. SKELCY: There were 26 notices mailed, no 6 approvals, no rejections and five were returned by the 7 post office. 8 CHAIRMAN GHANNAM: Any comments from the 9 City? 10 MR. BOULARD: Just one comment. In your 11 packet, there is one picture, or aerial photograph that 12 the petitioner has provided. 13 It does show the absence of frontage on 14 either Novi Road, Grand River, or other thoroughfares 15 for the property. It is a little bit unique in that 16 respect, and it actually has very little frontage 17 directly on the freeway because the freeway ramp pushes 18 it back. 19 So in that sense, it's not your typical 20 property, so thank you. 21 CHAIRMAN GHANNAM: I will open it up to the 22 Board for discussion. Member Sanghvi? 23 MR. SANGHVI: Thank you, Mr. Chair. This 24 property has been lying vacant for a long time. It's 25 in a prime location. It's almost to the gateway to the LUZOD REPORTING SERVICE (313) 962-1176
27 1 city on, and it's a shame that it's not being used. I 2 have no problem, they can get all the help they need to 3 get somebody to use this property, and I have no 4 problem in supporting this varirance to be continued 5 for two more years. Thank you. 6 CHAIRMAN GHANNAM: Thank you. Member Skelcy? 7 MS. SKELCY: You know, I drive by there a 8 lot, and there are a lot of weeds growing tall. It 9 might help if you guys cut down those weeds to make the 10 property look bigger, that might help sell it. Just my 11 thoughts. It looked kind of unkempt. So that might 12 help. 13 MR. GILCHREST: We don't manage the property 14 nor own the property, we are just brokering it. 15 MS. SKELCY: I'm just saying. I have no 16 problem with extending it for two years. 17 CHAIRMAN GHANNAM: I got a question. Wasn't 18 it advertised for one year? 19 MS. PAWLOWSKI: Yes. 20 CHAIRMAN GHANNAM: So the maximum we could 21 grant is one year? 22 MS. KUDLA: Yes. 23 CHAIRMAN GHANNAM: That is correct? 24 MS. KUDLA: Correct. 25 CHAIRMAN GHANNAM: Personally I have no LUZOD REPORTING SERVICE (313) 962-1176
28 1 problem. I do remember this coming up last year. It 2 is an usual piece, large, like Member Sanghvi 3 indicates, and the way it's situated, it's not a 4 problem with me. I don't have a problem with the 5 one-year extension. 6 Anybody else on the Board have any comments? 7 I will entertain a motion. Member Ibe? 8 MR. IBE: Thank you. In Case of 11-026 for 9 43700 Expo Center Drive. I move that we grant the 10 request as supplied for by the applicant, and extend 11 the sign for one year. 12 The basis for the approval is that the 13 request is based upon circumstances and features that 14 are exceptional and unique to the property. In that 15 these proprieties are located in an unusual part of 16 Novi. It practically has no frontage. So that creates 17 a big need to make it more visible for potential buyers 18 or people -- anybody who intends to lease the place. 19 Also the problem that this property has is 20 not self-created. The failure to grant relief will 21 obviously, unreasonably prevent unlimited use of the 22 property and will result in substantially more than a 23 mere inconvenience or inability to attain a higher 24 economic or financial return. 25 This property, as was stated by the members, LUZOD REPORTING SERVICE (313) 962-1176
29 1 has been known vacant now for a little while, so any 2 help that the applicant can receive, I'm sure will go a 3 long way. 4 And finally, the grant of relief will not 5 result in the use of the structure that is incompatible 6 with, or unreasonably interferes with the adjacent 7 surrounding properties. And the grant of relief is 8 consistent within the spirit of the ordinance. 9 MS. KRIEGER: Second. 10 CHAIRMAN GHANNAM: Seeing a motion and a 11 second, any further discussion? 12 MR. BOULARD: If I might complicate matters, 13 the reference to one year in the advertisement is to 14 the previous variance, so -- 15 CHAIRMAN GHANNAM: What was requested in this 16 one? 17 MR. BOULARD: There is not a specific time in 18 the request. 19 CHAIRMAN GHANNAM: So are we limited? 20 MS. KUDLA: No. 21 MR. GILTNER: I'd like to request two years, 22 please. 23 CHAIRMAN GHANNAM: So before we vote on that 24 motion, with the motioner like to reconsider? 25 MR. IBE: Absolutely. Mr. Chair, I will LUZOD REPORTING SERVICE (313) 962-1176
30 1 approve this for two years. 2 MR. GILTNER: Thank you. 3 MS. KRIEGER: I agree. 4 CHAIRMAN GHANNAM: I just have one -- while 5 we are discussing this, two years or until it is sold 6 or leased? Whichever comes first, is that agreeable? 7 MR. IBE: Yes. 8 CHAIRMAN GHANNAM: Any further discussion? 9 Seeing none, Ms. Pawlowski, can you please 10 call the roll. 11 MS. PAWLOWSKI: Member Gedeon? 12 MR. GEDEON: Yes. 13 MS. PAWLOWSKI: Chairman Ghannam? 14 CHAIRMAN GHANNAM: Yes. 15 MS. PAWLOWSKI: Member Ibe? 16 MR. IBE: Yes. 17 MS. PAWLOWSKI: Member Krieger? 18 MS. KRIEGER: Yes. 19 MS. PAWLOWSKI: Member Sanghvi? 20 MR. SANGHVI: Yes. 21 MS. PAWLOWSKI: Member Skelcy? 22 MS. SKELCY: Yes. 23 MS. PAWLOWSKI: Motion passes six to zero. 24 CHAIRMAN GHANNAM: Thank you, sir. 25 Congratulations. LUZOD REPORTING SERVICE (313) 962-1176
31 1 Next on the agenda is other matters. Are 2 there any other matters that need to be addressed 3 tonight? Anything from the City? 4 MR. BOULARD: The only other matter that I 5 want to bring up was at some point in the next few, 6 couple months, I wanted to set up a time for some 7 training with our attorneys, that would be helpful, so 8 at some point in the next couple of weeks or so, I 9 would like to have Ms. Pawlowski send out some possible 10 dates. 11 And if you have any requests or thoughts or 12 maybe on vacation, to someplace warm, or whatnot, if 13 you want to let us know, we will try to work around 14 that. Other than that, that's it. Thank you. 15 CHAIRMAN GHANNAM: Anything else from the 16 members? 17 MR. SANGHVI: I just don't mind before 18 Thanksgiving, don't do it too late before the holidays. 19 CHAIRMAN GHANNAM: Entertain a motion to 20 adjourn? 21 MR. SANGHVI: So moved. 22 MR. IBE: Second. 23 CHAIRMAN GHANNAM: Seeing a motion and a 24 second, all in favor say aye. 25 THE BOARD: Aye. LUZOD REPORTING SERVICE (313) 962-1176
32 1 CHAIRMAN GHANNAM: Any opposed? Seeing none, 2 we are adjourned. 3 (The hearing was adjourned at 7:32 p.m.) 4 ** ** ** 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LUZOD REPORTING SERVICE (313) 962-1176
33 1 STATE OF MICHIGAN ) 2 COUNTY OF OAKLAND ) 3 4 CERTIFICATE OF NOTARY PUBLIC AND COURT REPORTER 5 I, JENNIFER L. WALL, Notary Public in and 6 for the County of Oakland, State of Michigan, do hereby 7 certify that the hearing above was taken before me on 8 Tuesday, August 9, 2011. The foregoing statements were duly 9 recorded by me stenographically and electronically, and were 10 reduced to typewritten form by computer-aided transcription 11 under my direction; and that this is, to the best of my 12 knowledge and belief, a true and accurate transcript of 13 said proceeding. 14 I further certify that I am not related to 15 any party or counsel, nor interested in the outcome of 16 this cause. 17 18 19 20 ______________________________ Jennifer L. Wall, CSR-4183 21 Notary Public, Oakland County, MI My Commission Expires: 11-12-15 22 23 24 25 LUZOD REPORTING SERVICE (313) 962-1176
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