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REGULAR MEETING -- ZONING BOARD OF APPEALS
CITY OF NOVI
TUESDAY, APRIL 1, 2003 -- 7:30 P.M.

Proceedings had and testimony taken in the matters of ZONING BOARD OF APPEALS at City of Novi, 45175 West Ten Miles Road, Novi, Michigan, on Tuesday, April 1, 2003.

BOARD MEMBERS
Frank Brennan, Chairman
Christopher Reed
Robert Gatt
Gerald Bauer
Cynthia Gronachan
Sarah Gray
Laverne Reinke

ALSO PRESENT:
Sarah Marchioni, Recording Secretary
Thomas R. Schultz, City Attorney
Donald Saven, Building Department

REPORTED BY:
Maureen A. Haran, CSR 3606

Novi, Michigan
Tuesday, April 1, 2003
7:30 p.m.

7 CHAIRMAN BRENNAN: Okay.

8 It looks like everybody is here. We'll

9 call this meeting to order.

10 I'll welcome the new

11 stenographer. Thanks for being here.

12 Let's call the board.

13 MS. MARCHIONI: Member

14 Bauer?

15 MEMBER BAUER: Present.

16 MS. MARCHIONI: Member

17 Brennan?

18 CHAIRMAN BRENNAN: Here.

19 MS. MARCHIONI: Member

20 Gatt?

21 MEMBER GATT: Here.

22 MS. MARCHIONI: Member

23 Gray?

24 MEMBER GRAY: Present.

4

 

 

1 MS. MARCHIONI: Member

2 Gronachan?

3 MEMBER GRONACHAN: Present.

4 MS. MARCHIONI: Member

5 Reinke? MEMBER

6 REINKE: Here.

7 MS. MARCHIONI: Member Reed?

8 MEMBER REED: Present.

9 CHAIRMAN BRENNAN: Okay.

10 Ladies and Gentlemen, we do have some rules

11 of conduct that are on the front page of

12 the Agenda. I'd ask you to read them and

13 adhere to them. Before we approve the

14 Agenda though, I'd like to introduce two

15 new members: Mr. Robert Gatt who has been

16 appointed a permanent member. Robert,

17 welcome to the Board.

18 MEMBER GATT: Thank you.

19 CHAIRMAN BRENNAN: And

20 Chris Reed who is going to sit in and fill

21 an alternate role. So you'll have -- as we

22 have vacations and people missing, you'll

23 have a full membership role.

24 The Zoning Board of Appeals

5

 

 

1 is a hearing board empowered by the Novi

2 City Charter to hear appeals seeking

3 variances from the application of the Novi

4 Zoning Ordinance. It takes a vote of at

5 least four members to approve a variance

6 request and a vote of the majority of the

7 members present to deny.

8 We do have a full Board

9 tonight, and the decisions will be final.

10 Any changes to the Agenda?

11 MS. MARCHIONI: Yes. Case

12 Number 03-020 filed by Matthew Quinn

13 representing Asbury Park Estates, the

14 first variance will be taken off. They

15 have met the requirements for the two

16 acres. Whoever is going to be representing

17 will explain all that.

18 And then under Other

19 Matters, On the Border - mock-up sign will

20 be reviewed.

21 CHAIRMAN BRENNAN: Okay.

22 So we have an amended

23 Agenda. All those in favor of approving

24 this say aye.

6

 

 

1 MEMBERS: Aye.

2 CHAIRMAN BRENNAN: I think

3 that's a majority.

4 CHAIRMAN BRENNAN: Okay.

5 We have the minutes from the February 4th

6 meeting. Any comments, changes,

7 criticisms, observations?

8 (No response from the

9 Board.)

10 CHAIRMAN BRENNAN: All those

11 in favor of approving say aye?

12 ALL MEMBERS: Aye.

13 CHAIRMAN BRENNAN: All

14 right. Public Remarks. We'll open this

15 portion to public remarks to any case that

16 is not on our Agenda. If you're here on a

17 particular case, wait until that case is

18 called and we'll make sure you get your

19 say.

20 Anybody that would like to

21 talk to us right now?

22 (No response from the

23 audience.)

24 CASE NO. 03-004 - MODERN SKATE & SURF

7

 

 

1

2 CHAIRMAN BRENNAN: All

3 right. Then we'll move forward. We're

4 going to call our first case, Modern Skate

5 & Surf. Come on down.

6 Give us your name and raise

7 your right hand and be sworn.

8 MR. LEICHTWEIS: My name is

9 George Leichtweis.

10 MEMBER GRONACHAN: Do you

11 swear or affirm that the information you're

12 about to give in the matter before you is

13 the truth?

14 MR. LEICHTWEIS: Yes, I do.

15 MEMBER GRONACHAN: Thank

16 you.

17 CHAIRMAN BRENNAN: Okay,

18 George. This is somewhat of a

19 continuation. It's kind of a strange set

20 of circumstance. We seem to have a little

21 bit of a misunderstanding between what the

22 Board approved last month and what you

23 really wanted, and I think we can pretty

24 quickly resolve this. Go ahead and

8

 

 

1 present your case.

2 MR. LEICHTWEIS: Well, I

3 applied for a variance. I'm owner of

4 Modern Skate & Surf in Fountain Walk and

5 asked for a variance to the size of my sign

6 out there, for several reasons. Number

7 one, it wasn't a hindrance to any of my

8 neighbors; number two, that it needed to be

9 larger than the 40 square feet in order to

10 be able to be seen from the road that goes

11 by the mall, and to be seen from various

12 parts of the parking lot.

13 I've been open since the 1st

14 of January without a sign, so I'm in need

15 of a nice looking sign up on the building

16 to attract attention.

17 CHAIRMAN BRENNAN: Thank

18 you. Anyone in the audience that wants to

19 make a point on this particular case?

20 (No response from the

21 audience.)

22 CHAIRMAN BRENNAN: 20 new

23 notices sent. No approvals, no

24 objections.

9

 

 

1 Building Department?

2 MR. SAVEN: Only that

3 George is aware that he has some

4 outstanding issues on his TCO that needs to

5 be complied with as soon as possible and

6 has to deal with the facade of the

7 building. I want to make sure that it's

8 complied with.

9 MR. LEICHTWEIS: Yes. I

10 spoke with

11 Andy and he's been communicating on that

12 end, and we'll get that taken care of.

13 MR. SAVEN: Thank you.

14 CHAIRMAN BRENNAN: Maybe

15 I'll point out, as my memory recalls it was

16 the Board's wish that your sign be in line

17 with the sign right next door, in terms of

18 size and letters and such. And the party

19 that was before us last month wasn't able

20 to come up with a square footage, and

21 that's where we kind of got out of

22 squirrel.

23 Personally, I believe that

24 what you have presented tonight is in order

10

 

 

1 with what we're looking for, and I don't

2 have any problem with it.

3 Any other Board members?

4 MEMBER REINKE: Mr.

5 Chairman, I'll assuming then what he's

6 proposing tonight is a variance request of

7 93.6 square feet?

8 CHAIRMAN BRENNAN: No, the

9 variance -- yes -- no, it's 53.6.

10 MEMBER REINKE: Yeah, but I

11 mean the square footage he's proposing is

12 93.6.

13 CHAIRMAN BRENNAN: Correct.

14 Again, it was my impression

15 that this makes this sign very close to

16 what's right next door which is what I had

17 been pushing for last month.

18 Sarah?

19 MEMBER GRAY: Since this

20 does meet what I thought was our intent as

21 well, I'm going to move that in the matter

22 of Case 03-004 that we approve the variance

23 requested of 53.6 square feet for a total

24 square footage of the sign of 93.6 square

11

 

 

1 feet.

2 MEMBER GRONACHAN: Second.

3 CHAIRMAN BRENNAN: We have a

4 motion and a second. Any discussion?

5 (No discussion by the

6 Board.)

7 CHAIRMAN BRENNAN: Sarah?

8 MS. MARCHIONI: Member Gray?

9 MEMBER GRAY: Yes.

10 MS. MARCHIONI: Member

11 Gronachan?

12 MEMBER GRONACHAN: Yes.

13 MS. MARCHIONI: Member

14 Bauer?

15 MEMBER BAUER: Yes.

16 MS. MARCHIONI: Member

17 Brennan?

18 CHAIRMAN BRENNAN: Yes.

19 MS. MARCHIONI: Member

20 Gatt?

21 MEMBER GATT: Yes.

22 MS. MARCHIONI: Member

23 Reinke?

24 MEMBER REINKE: No.

12

 

 

1 CHAIRMAN BRENNAN: George,

2 you have your sign.

3 MR. LEICHTWEIS: Thank you

4 very much.

5 CHAIRMAN BRENNAN: See the

6 Building Department for the permits and

7 thanks for working with us.

8 MR. LEICHTWEIS: Thank you

9 very much.

10 CASE NO. 03-005 - HARRY CHAWNEY

11 CHAIRMAN BRENNAN: Next

12 case is also a continuation. Mr.

13 Chawney -- is that right?

14 MR. CHAWNEY: Correct.

15 CHAIRMAN BRENNAN: Okay.

16 Mr. Chawney wants to build a house on the

17 corner of -- let's see. I'm going to get

18 this right this time. It's going to be the

19 northwest corner of Novi and Nine Mile.

20 MR. CHAWNEY: Correct.

21 CHAIRMAN BRENNAN: And

22 there were some issues last month regarding

23 concerns of your neighbors. Some issues

24 raised by those on the board regarding

13

 

 

1 drainage and rivers and swamps and mice and

2 rabbits and deer and elephants and

3 everything, so. You're still sworn. So

4 why don't you tell us what's new this

5 month.

6 MR. CHAWNEY: Well, I met

7 with my neighbors and I discussed all

8 what's going on with my lots, and they're

9 here so they'll tell you what they want to

10 say. We're still at an impasse basically.

11 They don't want me to build any house

12 unless someone gives them a complete

13 guarantee that their basement will never

14 flood. I certainly can't do that and I

15 don't know anyone who ever would do that.

16 What I'm really asking for

17 right now is just to get my variance to get

18 my other things approved. I know the

19 consultants for the City and the engineers

20 and the state, they would be the ones who

21 would in fact determine whether or not I

22 could build a house on that lot anyway.

23 The house I am proposing,

24 again, is 29 feet tall. What's allowed in

14

 

 

1 R-3 is 35 feet. If I had a sloped roof

2 over the little attic area that's

3 considered a third floor, it would still be

4 35 feet high, but then it wouldn't comply

5 with the zoning ordinance. And I just

6 wish to get some action taken on that

7 tonight one way or the other.

8 CHAIRMAN BRENNAN: Okay.

9 I'll remind those in the

10 audience that what is before this Board is

11 only a variance request for the height of

12 the structure being three stories versus

13 two and a half stories, and it will be our

14 interpretation of whether that is within

15 the petitioner's reason.

16 I'll open this to members of

17 the audience. Anyone that cares to talk to

18 us, come on down, please. Give us your

19 name and address, please.

20

21 MS. MAHLMEISTER: Thank you,

22 Mr. Chairman, Board. My name is Tina

23 Mahlmeister. My husband and I, Dan

24 Mahlmeister, own the property which is

15

 

 

1 directly to the north of 43421 Nine Mile

2 Road.

3 I understand that he's

4 requesting the variance and we do -- I am

5 the only house who currently has a basement

6 who currently does not have any leaking due

7 to Thorton Creek, which is currently what

8 divides his property and my property, which

9 floods during the spring and in the winter

10 thawing. I know that

11 variances and -- what am I looking for --

12 with the Building Department, the City of

13 Novi sets forth zoning and variance rules

14 for a reason. Their wisdom in regards to

15 how the city is projected and what have

16 you, and a three-story building really

17 would affect the current appearance of the

18 houses that are around, which I am against.

19

20 Second, the issue was tabled

21 from last week to address the possible

22 drainage issue, and I am here to protect

23 what I currently own as well as the other

24 house that's on Novi Road, which is to the

16

 

 

1 west of his property. We currently own our

2 houses; he does not own this property

3 currently. And I would like the DEQ and

4 the Building Department to give some

5 type -- or Engineering -- to give some type

6 of -- just to look at it just to see.

7 Because unfortunately, building a house

8 will change the lay of the land.

9 And we do have the six

10 houses that are at the entrance of Novi and

11 Nine Mile Road has a terrible flooding

12 issue which goes all the way back to the

13 subdivision to the west of us.

14 Thank you for your time.

15 CHAIRMAN BRENNAN: Anybody

16 else in the audience?

17 (No response from the

18 audience.)

19 CHAIRMAN BRENNAN: Let's

20 move to the Building Department then.

21 Don, you weren't here last

22 month but we heard some of the same

23 testimony and we at least wanted some

24 consideration or some discussion, and

17

 

 

1 hopefully tonight's meeting would address

2 drainage and some of these other issues.

3 MR. SAVEN: Drainage pattern

4 isn't going to change, strictly for the

5 fact that water will seek its own level,

6 and the fact that he's building his house,

7 it will be involved in the floodplain.

8 There were certain issues that the M-DEQ

9 and FEMA require, and also the building

10 codes require for those homes which are

11 built on a floodplain. This is not a flood

12 way but a floodplain, which means he has a

13 right that he can do this provided he comes

14 up the engineering associated with what

15 he's building in that particular area.

16 These issues will be looked

17 at through the City Engineer when he

18 presents his plans or if the Board decides

19 to so choose to approve tonight, he would

20 be required to meet those specific

21 requirements.

22 Again, what the Chairman had

23 indicated earlier is that this person is

24 here now because of the height

18

 

 

1 requirement. This is strictly a height

2 requirement which he's here for. One of

3 the things is that the third story is a

4 third story, based upon the fact that it is

5 a flat roof and it encompasses, and does

6 not have an eaves line that is formulated

7 by the slope of a roof. Therefore, that

8 issue is what he's here for tonight.

9 CHAIRMAN BRENNAN: Well,

10 I'll even get it a little bit more

11 defined. He's not here for height, he's

12 here for the number of stories. The

13 ordinance clearly says that you can't have

14 a three-story home in this zoned

15 property. He is within and, in fact, five

16 and a half feet under the maximum allowed

17 height of the building. So what we are

18 dealing with before this Board tonight,

19 whether we feel that there is sufficient

20 hardship presented that this building as

21 designed and as perceived by the Building

22 Department in the City of Novi as a

23 three-story house, is within our judgment

24 to deny or approve. It's as simple as

19

 

 

1 that.

2 Any other Board members,

3 please?

4 MS. GRAY: Mr. Chawney,

5 could you, with the overhead, could you

6 show me on the side elevation, where what I

7 would call grade, road grade, comes in? If

8 you can do that. Do you have that side

9 elevation that you gave us in a packet last

10 time?

11 MR. CHAWNEY: No, I don't

12 think I do, actually.

13 (Copy was given to Mr.

14 Chawney.)

15 MS. GRAY: Could you show

16 me where- MR. CHAWNEY:

17 (Interposing) Where the road is?

18 MS. GRAY: Yeah. Where,

19 yeah, the road is. Nine Mile Road.

20 Because I know it sits in a saucer.

21 MR. CHAWNEY: Well this

22 grade right here (indicating) is

23 approximately five feet -- or four feet

24 under the grade of Novi Road.

20

 

 

1 MS. GRAY: Where?

2 MR. CHAWNEY: Four feet

3 under Novi -- excuse me, Nine Mile Road.

4 It would be like this. And it slopes

5 backwards from Nine Mile to the creek, the

6 property.

7 MS. GRAY: And is that

8 corner towards the creek or towards Nine

9 Mile Road? I'm presuming the garage is

10 towards Nine Mile.

11 MR. CHAWNEY: Yes. The

12 garage is towards Nine Mile, but the house

13 is on a 45, but the garage corner is on the

14 Nine Mile side of the road.

15 MS. GRAY: So when you

16 drive into your property to go to your

17 garage, you're actually going to be going

18 downhill a little bit to get to the garage?

19 MR. CHAWNEY: Correct.

20 MS. GRAY: I guess I need

21 to know again what the hardship is for the

22 three-story versus two or two and a half

23 story.

24 MR. CHAWNEY: Well, the

21

 

 

1 hardship is the third story is a storage

2 attic, and in a floodplain you're not

3 allowed to store anything at the floodplain

4 level. It has to be raised up. On the

5 lowest level, the only thing you're allowed

6 on a floodplain is a garage and an entryway

7 itself, and that's what I've designed. And

8 then any storage I have is going to be up

9 on the top area.

10 MS. GRAY: Thank you.

11 CHAIRMAN BRENNAN: Any

12 Board members?

13 MEMBER REINKE: Mr.

14 Chairman, as I see it here, we're dealing

15 strictly with the shape of the building

16 that's causing it to be classified or used

17 as three-story.

18 CHAIRMAN BRENNAN: That's

19 correct.

20 MEMBER REINKE: And as far

21 as the water handling and everything, it's

22 a buildable lot, and I don't really see

23 where that issue comes before us, because

24 that's going to have to be handled by the

22

 

 

1 City and by the City engineers, that he

2 doesn't cause excess runoff or change the

3 water flow in the neighborhood. That will

4 be a responsibility between him and the

5 City engineers to deal with that issue, so

6 I don't think that's really something we

7 should even consider before us in this

8 case.

9 And as far as just for the

10 semantics of being called a three-story

11 home, I really don't have a problem with

12 it.

13 CHAIRMAN BRENNAN: Any

14 other Board member comments?

15 MS. GRONACHAN: I concur

16 with the previous two speakers. Keeping

17 focus that this is in a floodplain. If it

18 wasn't in a floodplain, the lower level

19 would be useful. It would be able to be

20 used for storage, and therefore I think

21 that because of the lot location and the

22 designation of the property, that basically

23 dictates how this house can be built.

24 Again, if it's two stories

23

 

 

1 or three stories, we don't have any control

2 over the water. So I concur with the two

3 previous speakers, and will wait to hear

4 from any other Board members.

5 MEMBER GATT: I also concur.

6 But on behalf of the homeowner who

7 appeared and is, you know, worried about

8 the water flow, again, that's another

9 matter. It's another Board, it's another

10 Engineering Department problem, and I would

11 urge you to, assuming this Board approves

12 this tonight, to pursue that with them.

13 CHAIRMAN BRENNAN: Bob, you

14 stole my thunder. I wanted to let the

15 homeowner -- are you Ms. King?

16 MS. KING: Yes.

17 CHAIRMAN BRENNAN: I don't

18 want you to think that we've ignored you.

19 Your concern is not something though that

20 we can address as a Board. We're task --

21 excuse me. We're tasked with what has been

22 presented before us, which is an

23 interpretation of the height of this

24 building. And that's what we have to deal

24

 

 

1 with tonight. You'll have plenty of

2 opportunity as this moves along -- and this

3 is going to be a tough, tough, piece of

4 property to build on. You're building in a

5 swamp, man. It's no wonder you've got it

6 on stilts.

7 But you'll have an

8 opportunity to review with other Boards as

9 this project moves through the City.

10 Any other comments?

11 MR. REED: Mr. Chairman?

12 CHAIRMAN BRENNAN: Yeah.

13 MR. REED: My objective

14 viewpoint of it would be also, especially

15 from the height standpoint, given the fact

16 that from the road the property, as he

17 said, is actually, you know, about five

18 feet lower than the road surface and

19 especially since he didn't abuse the height

20 of each level. I know if it was me, I

21 would probably actually want to have

22 ten-foot ceilings in the shelter area, and

23 ten-foot ceilings in the bedrooms, and

24 ten-foot ceilings in the storage. I'd

25

 

 

1 probably get it right at 35 feet, which

2 would be a little more overbearing,

3 especially without the roof pitches. And

4 obviously he didn't do that, he's sticking

5 to the eight feet requirement.

6 And, of course, you know, if

7 it was a conventional architecture and you

8 had a peaked roof right at 35 feet, it

9 certainly would be more conventional. But

10 I don't think you abused the height that

11 you were allotted actually due to the fact

12 you're below that. And the fact that it's

13 sunken below the road level, which is why

14 he has this issue actually, but also from

15 the street it's not going to be such a

16 prominent structure, I guess. From the

17 street, you won't even maybe perceive the

18 third story. That's all I have to say.

19 CHAIRMAN BRENNAN: Okay.

20 Maybe we're close to somebody putting our

21 thoughts together in a motion.

22 MS. GRAY: I just want to

23 assure the neighbors that we're not

24 insensitive to their concerns. It's not

26

 

 

1 under our jurisdiction.

2 That having been said, in the matter

3 of Case 03-005, I would move that we grant

4 the petitioner's variance based on the fact

5 that the physical characteristics of the

6 lot, as far as topography goes presents a

7 hardship, in addition to building in a

8 floodplain, and that precludes storage at

9 the basement level or a lower level, and

10 must go to the upper level, and urge him to

11 keep working with his neighbors too.

12

13 MEMBER REINKE: Support.

14 MR. SAVEN: Discussion, Mr.

15 Chairman.

16 CHAIRMAN BRENNAN: Yes.

17 MR. SAVEN: I would prefer

18 that this issue not address any issues

19 regarding the floodplain. This is strictly

20 the height variance that we're dealing with

21 in this matter.

22 CHAIRMAN BRENNAN: So noted.

23 Tom?

24 MR. SAVEN: Excuse me, the

27

 

 

1 story variance.

2 MR. SCHULTZ: I guess, as I

3 understood the maker of the motion, one of

4 the reasons that Member Gray thought that

5 the variance was justified is because of

6 the storage issue, which relates back, I

7 guess, to the floodplain. So as framed and

8 with that explanation, I thought that was

9 appropriate.

10 CHAIRMAN BRENNAN: Thank

11 you.

12 MR. SAVEN: I stand

13 corrected.

14 MR. SCHULTZ: It wasn't a

15 correcting.

16 It was a clarification.

17 MR. SAVEN: I just want to

18 be sure that's all.

19 CHAIRMAN BRENNAN: Any

20 other discussion on the motion?

21 (No discussion by the

22 Board.)

23 CHAIRMAN BRENNAN: Sarah?

24 MS. MARCHIONI: Member Gray?

28

 

 

1 MEMBER GRAY: Yes.

2 MS. MARCHIONI: Member

3 Reinke?

4 MEMBER REINKE: Yes.

5 MS. MARCHIONI: Member

6 Bauer?

7 MEMBER BAUER: Yes.

8 MS. MARCHIONI: Member

9 Brennan?

10 CHAIRMAN BRENNAN: Yes.

11 MS. MARCHIONI: Member

12 Gatt?

13 MEMBER GATT: Yes.

14 MS. MARCHIONI: Member

15 Gronachan?

16 MEMBER GRONACHAN: Yes.

17 CHAIRMAN BRENNAN: All

18 right, sir. You have your variance request

19 and now you can proceed on.

20 MR. CHAWNEY: Thank you

21 very much for your time.

22 CHAIRMAN BRENNAN: Sure.

23 CASE NO. 03-011 - KURT DICKMANN

24 CHAIRMAN BRENNAN: All

29

 

 

1 right. We're going to call the next case.

2 Mr. Dickmann, Kurt Dickmann? Come on

3 down.

4 CHAIRMAN BRENNAN: Mr.

5 Dickmann lives in Roma Ridge and is looking

6 for a rear yard setback variance for

7 construction of an addition.

8 MR. DICKMANN: Yes.

9 CHAIRMAN BRENNAN: You

10 want to raise your hand and be sworn.

11 MS. GRONACHAN: Do you swear

12 or affirm that the information that you're

13 about to give in the matter before you is

14 the truth?

15 MR. DICKMANN: I do.

16 MS. GRONACHAN: Thank you.

17 MR. DICKMANN: Good

18 evening. In requesting this variance, I'd

19 like to point out a few things. The first

20 being our house is unique in that it has a

21 side entry garage, one of two on the street

22 that does so. And that tends to -- well,

23 it sets the house back further on the lot.

24 So the actual setback line goes within two

30

 

 

1 feet of the rear of my home. It's also one

2 of the smaller units in the sub, so we're

3 definitely in need of the additional room.

4 There is an existing

5 deck structure which will be removed, and

6 that actually sits approximately five feet

7 off the ground right now. And the

8 footprint of this addition will be well

9 within size of the current deck footprint.

10 So it will take up a smaller area of the

11 current structure. On the

12 same property line in which the variance is

13 being requested on Cider Mill, there's been

14 a variance requested, I'm not sure how long

15 ago that was, but I know there is an

16 addition being built down the property line

17 aways.

18 There are no houses

19 directly behind my lot. It's a wooded

20 area, and I have canvassed the area. I've

21 gone door to door and have spoke with each

22 of my neighbors, and got a signed

23 affidavit, which you should have a copy of,

24 and they're in agreement with this, so.

31

 

 

1 CHAIRMAN BRENNAN: Sir, you

2 did a nice job.

3 There were 26 notices sent.

4 There is a petition here with nine

5 signatures approving. There's also

6 subdivision approval.

7 Anyone in the audience care

8 to comment on this gentleman's plans to put

9 an addition on his house?

10 (No response from the

11 audience.)

12 CHAIRMAN BRENNAN: Building

13 Department?

14 MR. SAVEN: Just so it's

15 not confused, that was nine-foot-six to the

16 ten-foot easement that he was playing out

17 on his plot plan. In other words, he does

18 have 19-foot-six to the lot line.

19 CHAIRMAN BRENNAN: Board

20 members?

21 (No response from the

22 Board.)

23 CHAIRMAN BRENNAN: I want

24 to do something for anyone who might be

32

 

 

1 watching T.V. tonight. But here's what

2 this gentleman did, he put together a nice

3 little summary of what his interests were,

4 walked around the subdivision and got his

5 neighbors' signatures. It makes our life a

6 little easier when all this has been done

7 up front.

8 Thank you. Doesn't mean

9 you're going to get it.

10 MR. BAUER: Mr. Chairman.

11 In case number 03-011, I request a

12 variance be granted to the lot size and

13 that this backs up to a wooded area.

14 MEMBER REINKE: Support.

15 CHAIRMAN BRENNAN: We have

16 a motion and support. Any discussion?

17 (No response from the

18 Board.)

19 CHAIRMAN BRENNAN: Sarah,

20 please. MS. MARCHIONI:

21 Member Bauer?

22 MEMBER BAUER: Yes.

23 MS. MARCHIONI: Member

24 Reinke?

33

 

 

1 MEMBER REINKE: Yes.

2 MS. MARCHIONI: Member

3 Brennan? CHAIRMAN

4 BRENNAN: Yes.

5 MS. MARCHIONI: Member

6 Gatt?

7 MEMBER GATT: Yes.

8 MS. MARCHIONI: Member

9 Gray?

10 MEMBER GRAY: Yes.

11 MS. MARCHIONI: Member

12 Gronachan?

13 MEMBER GRONACHAN: Yes.

14 CHAIRMAN BRENNAN: You have

15 your variance. See the Building

16 Department.

17 MR. DICKMANN: Thank you

18 very much.

19 CASE NO. 03-012 - STEPHEN DONOHUE

20 CHAIRMAN BRENNAN: All

21 right. Is

22 Mr. Donohue on his way? Stephen Donohue,

23 24379 Glenda. He's looking for a number of

24 variances for construction of a garage. Is

34

 

 

1 that correct?

2 MR. DONOHUE: Yes.

3 CHAIRMAN BRENNAN: You want

4 to raise your right hand and be sworn,

5 please?

6 MS. GRONACHAN: Do you

7 swear or affirm that the information you're

8 about to give in the matter before you is

9 the truth?

10 MR. DONOHUE: I do.

11 MS. GRONACHAN: Thank you.

12 MR. DONOHUE: Good evening.

13 Once again, my name is Steve Donohue and

14 we've lived at

15 24379 Glenda for just about 12 years now.

16 And the reason I'm here is my family is

17 getting a little larger, our family room of

18 11 by 16 is no longer adequate. And what

19 I'm hoping to do is convert my side entry

20 garage into additional family room space,

21 and then add on an attached garage at the

22 end of the driveway and this change would

23 require requested variances.

24 I considered another option

35

 

 

1 of going off the back of the home, but the

2 roof line and the floor plan doesn't really

3 lend themselves well to this option.

4 There's a little dining nook that kind of

5 has a bay window off the back, and that

6 window would look at the wall of the

7 addition. It would extend out the rear of

8 the home.

9 I wanted to add on 24 feet

10 into the driveway. I was trying to hit the

11 current driveway location. It's still

12 about two feet short, but I was trying to

13 keep the variance request to a minimum.

14 I'm going to have to add about two feet to

15 the north side of the driveway.

16 As it stands right now --

17 and I've got pictures -- there's a pine

18 tree that I will have to take down. That

19 tree isn't a problem for me, but I have a

20 couple of birch trees out in front of our

21 home and by adding two feet, I'm kind of

22 getting underneath the canopy of the birch

23 trees. So I really don't want to damage

24 those trees if I can avoid it, so that's

36

 

 

1 why I was trying to get out 24 feet. That

2 pretty much sums it up.

3 CHAIRMAN BRENNAN: Good.

4 Thank you.

5 There were 33 notices sent,

6 two approvals, and it looks like they're

7 both neighbors, very close to you. Mr.

8 Payne?

9 MR. DONOHUE: Yes. He's on

10 the side that's most affected.

11 CHAIRMAN BRENNAN: And the

12 Fennellys.

13 MR. DONOHUE: Correct.

14 They're on the other side.

15 CHAIRMAN BRENNAN: Anyone in

16 the audience that wishes to talk about this

17 case?

18 (No response from the

19 audience.)

20 CHAIRMAN BRENNAN: Okay.

21 Building Department?

22 MR. SAVEN: Mr. Chairman,

23 I'll point out the third additional

24 variance was based upon the fact it was an

37

 

 

1 existing condition, and that would be over

2 on the north side of the house, where if

3 you look at the plot plan, there is no

4 change on that side of the house, but just

5 for the fact that it was the sum total of

6 the aggregate area, we brought that before

7 the Board to clean up everything.

8 CHAIRMAN BRENNAN: Okay.

9 Board members?

10 MEMBER REINKE: Mr.

11 Chairman, it looks like a lot but as Mr.

12 Saven says in pointing it out, it's really

13 dealing only with the one side where he's

14 proposing the garage. And I think he's

15 tried to fit in and do as minimum intrusion

16 that he can get by with. I can support

17 the petitioner's request.

18 MEMBER GRONACHAN: Mr. Chairman?

19 CHAIRMAN BRENNAN: Yes.

20 MEMBER GRONACHAN: That big

21 tree is going to go, did you say?

22 MR. DONOHUE: Yes. It's

23 almost too big now.

24 MEMBER GRONACHAN: Yeah. I

38

 

 

1 drove out there and my first concern -- two

2 concerns that I had was one, why not the

3 backyard. And then when I looked at it, I

4 understood why not the backyard. And the

5 neighbor, Mr. Payne. That was my major

6 concern. I don't see anyplace else to be

7 able to do this. And again, your lot is

8 really not conducive to -- you're going to

9 have to do some back-filling in the

10 backyard it almost looks like, because it

11 drops quite a bit.

12 So based on that, I concur

13 with the previous speaker and could also

14 support this.

15 CHAIRMAN BRENNAN: I didn't

16 read it into the record, but one of the

17 issues that Mr. Payne raised is because the

18 garage is going to be reoriented, he

19 expects that the morning, getting up and

20 going, will be a little quieter because he

21 won't have the garage right at his bedroom

22 window, it's going to be facing the

23 street.

24 Any other comments?

39

 

 

1 MEMBER GRAY: I was

2 concerned too when I looked at it. I

3 didn't even take the fact that there was an

4 existing condition with the other property

5 line into too much consideration because of

6 the change in the setbacks. But I was

7 mostly concerned with why not put it in the

8 back, or why not put it in the front,

9 because of the neighbor to the south. But

10 if he's in support of it, I have no problem

11 with it.

12 CHAIRMAN BRENNAN: Very

13 good. Let's move forward and hear a

14 motion.

15 MEMBER GRONACHAN: I'll make

16 a motion.

17 CHAIRMAN BRENNAN: Okay.

18 Cindy, please?

19 MEMBER GRONACHAN: In Case

20 03-012, i move that we move the request for

21 the three variances based on the lot size

22 and shape, and also the topography of the

23 actual ground in the back of the house.

24 MEMBER BAUER: Second the

40

 

 

1 motion.

2 CHAIRMAN BRENNAN: Okay.

3 We've got a motion and a second. Any

4 discussion?

5 (No discussion by the

6 Board.)

7 CHAIRMAN BRENNAN: Okay.

8 Sarah?

9 MS. MARCHIONI: Member

10 Gronachan? MEMBER

11 GRONACHAN: Yes.

12 MS. MARCHIONI: Member

13 Bauer?

14 MEMBER BAUER: Yes.

15 MS. MARCHIONI: Member

16 Brennan?

17 CHAIRMAN BRENNAN: Yes.

18 MS. MARCHIONI: Member

19 Gatt?

20 MEMBER GATT: Yes.

21 MS. MARCHIONI: Member

22 Gray?

23 MEMBER GRAY: Yes.

24 MS. MARCHIONI: Member

41

 

 

1 Reinke?

2 MEMBER REINKE: Yes.

3 CHAIRMAN BRENNAN: Okay.

4 You've got your variance. See the Building

5 Department for your permit.

6 CASE NO. 03-013 - LAURA WATT

7 CHAIRMAN BRENNAN: Laura

8 Watt,

9 2219 Austin. Laura also wants to build a

10 garage.

11 MS. WATT: Yes.

12 CHAIRMAN BRENNAN: Who

13 would think that you would want to put a

14 car in a garage. I haven't had a car in a

15 garage in 25 years.

16 MS. WATT: Good evening.

17 CHAIRMAN BRENNAN: You want

18 to raise your hand and be sworn, please.

19 MEMBER GRONACHAN: Do you

20 swear or affirm that the information you're

21 about to give in the matter before you is

22 the truth?

23 MS. WATT: Yes, we do.

24 MEMBER GRONACHAN: Thank

42

 

 

1 you.

2 MS. WATT: We have

3 purchased this home late November, and

4 we're asking for a 13 by 4 variance to put

5 an attached garage on. You know, we would

6 like to not have the home look the way it

7 was, where items are sitting outside, we

8 want everything to be stored. We want the

9 appearance of the home in the neighborhood

10 to be beautiful, the way it should be. We

11 have looked at the back. There is -- and

12 we're on a double lot as you can see by our

13 plot plan. There's really no better spot

14 to put it than the front.

15 CHAIRMAN BRENNAN: Okay.

16 Well, we're going to discuss that.

17 MS. WATT: Okay.

18 CHAIRMAN BRENNAN: There

19 were 37 notices sent. You had three

20 approvals. Mr. Mark Robbins on Austin.

21 MS. WATT: He has the two

22 homes next to us.

23 CHAIRMAN BRENNAN: Mary

24 McDermott and Eric Stone, all neighbors on

43

 

 

1 Austin.

2 Anybody in the audience care

3 to talk to us about this case?

4 (No response from the

5 audience.)

6 CHAIRMAN BRENNAN: Building

7 Department?

8 MR. SAVEN: No comment, sir.

9 CHAIRMAN BRENNAN: Okay.

10 Board?

11 MEMBER GRAY: Well, I'll

12 start it off, if I may.

13 The reason for putting the

14 garage in the front yard is, what; what is

15 the hardship. MS.

16 WATT: Well, first of all, we don't have a

17 garage. We have no place for storage.

18 We're on a crawl. So, I mean, we could

19 store some things, but you can't -- I can't

20 store any kind of lawn and yard equipment,

21 things of that nature.

22 MS. GRAY: Why not the

23 backyard?

24 MS. WATT: It's very close

44

 

 

1 to the side property line to even get back

2 there, to put a garage back there. I'm

3 sorry if I'm misunderstanding the question

4 there.

5 MS. GRAY: I understand

6 there's about 13 to 15 feet to the south,

7 between the south side of the house and

8 the property line. And then there's quite

9 a bit of depth in the backyard. 53 feet of

10 depth in the backyard.

11 My main concern is the road

12 right-of-way at that site. Where you're

13 proposing the put the garage, the road

14 right-of-way is 60 feet there.

15 MS. WATT: Okay.

16 MS. GRAY: So the City owns

17 60 feet. Where all those rocks are piled

18 in your front yard, whatever they were

19 there for, for planting or something, those

20 are all in the road right-of-way. So did

21 you have a stake survey when you bought the

22 property, or just a mortgage survey --

23 probably just a mortgage survey.

24 MS. WATT: It's just the

45

 

 

1 mortgage survey that we got.

2 MS. GRAY: If we grant this

3 variance and you have -- you're only 13.4

4 feet from the road as opposed to 30 feet.

5 MS. WATT: 16 feet.

6 MS. GRAY: If you're 16

7 feet from the road right-of-way, at some

8 point in time all these roads are going to

9 be paved up in that area. I presume you've

10 got a poured driveway. If you're going to

11 have people park in your driveway in your

12 front yard, the 16 feet isn't going to be

13 enough to keep part of those vehicles off

14 the road right-of-way. So that's the

15 problem, as far as I'm concerned. Okay.

16 I think that there's enough

17 room in the backyard to put an attached

18 garage back there. I don't know what the

19 inside configuration of the house is, where

20 the kitchen is, whatever. I think there's

21 enough room on the side, the south side,

22 between the south side of your house and

23 the fence, to get into your yard.

24 Mr. Saven, is it ten feet

46

 

 

1 for a driveway, eight to ten feet for a

2 drive?

3 MR. SAVEN: It would be

4 approximately ten feet for the driveway,

5 but you've got three foot for natural

6 drainage.

7 MEMBER GRAY: So you'd

8 probably have just about enough room, to

9 put the drive on the south side of the

10 house between the house and the fence, and

11 put your garage in the backyard. And I

12 understand storage because I live in the

13 area and I've got a crawl, and I've got a

14 shed. So I certainly do understand the

15 problems presented, but I'm real concerned

16 with where you're proposing to put it,

17 simply because the road right-of-way right

18 there at that point is 60 feet, and I don't

19 know if you were aware of that when you

20 bought it.

21 MS. WATT: No.

22 MS. GRAY: So I think you

23 need to take another look at it, and that's

24 just my suggestion.

47

 

 

1 MS. WATT: Thank you.

2 MEMBER REINKE: Mr.

3 Chairman, I concur with Ms. Gray because

4 one of the problems we have up there, is we

5 have nothing there now and if we put

6 something there, we got something more on

7 top of the road which is congesting, and

8 it's an unsafe situation. And I think that

9 we really need to -- the petitioner really

10 needs to take a look at why it couldn't be

11 put in the backyard.

12 MS. WATT: May I just ask

13 one question? I'm sorry. So if I did a

14 garage in the back, and put this driveway

15 right along the property line, now how far

16 away from the property line must I be,

17 because that would be proposing where

18 people would be parking.

19 MR. SAVEN: I need to know

20 whether it's detached or attached. Is the

21 garage -- will the garage be attached or

22 detached?

23 MS. WATT: Well, I mean,

24 that would have to change everything. Our

48

 

 

1 kitchen is in the back. Our kitchen and

2 bedroom, everything is back there.

3 MR. SAVEN: That's what I'm

4 trying to get across. It all would depend

5 on what your needs are, what you need to

6 do.

7 MS. WATT: Yes.

8 MEMBER GRAY: Would it be

9 more appropriate to suggest that the

10 petitioner talk to the Building Department

11 to see if she wants to see what her options

12 are at this point, or pursue it, or-

13 CHAIRMAN BRENNAN: It sounds

14 like maybe you haven't given any thought to

15 putting it in the backyard. Is that safe

16 to assume?

17 MS. WATT: Well, I would

18 like to come in and have -- my proposal

19 would be to come in into a foyer. That's

20 why I wanted an attached garage, so I could

21 come right into the foyer. You know,

22 that's where the living room and the foyer

23 is, right there. So I really hadn't

24 thought of any other way. I hadn't thought

49

 

 

1 of putting a garage in the back.

2 Obviously, it wouldn't be an attached

3 garage. My kitchen and bedroom is back

4 there.

5 CHAIRMAN BRENNAN: How

6 would you like to do this: Would you like

7 to give it some further thought, discuss it

8 with the Building Department, and we'll put

9 this, you know, in a hold pattern. If you

10 come up with something that's different,

11 like in the backyard, that doesn't require

12 any variance, then we can just drop the

13 case. If it looks like that there is

14 nothing that's going to work, and this is

15 the only thing that you can have, we'll

16 bring you back.

17 MS. WATT: So my backyard

18 variance is 35, if I remember?

19 CHAIRMAN BRENNAN: From the

20 property line.

21 MR. SAVEN: If it's

22 attached, it will be the 35-foot

23 requirement, and it will be required to be

24 a minimum of a 13-foot setback from the

50

 

 

1 side property line. Now, if you had a side

2 entrance to this thing, now we're talking

3 about 25-foot back. That's perpendicular

4 to the side property line, which is 22-foot

5 for hard surface parking, and three-foot

6 for natural drainage.

7 CHAIRMAN BRENNAN: I just

8 don't want to go far enough tonight that we

9 turn you down and not give you any options.

10 There's not -- there's a couple of

11 people -- not everyone has talked or given

12 an opinion, but there's an impression that

13 the garage in the front may not be the best

14 idea, and if you would like to at least

15 look at the option of putting it in the

16 back and come into the Building Department,

17 and talk about what you can and can't do.

18 MS. WATT: And who would I

19 talk to?

20 MR. SAVEN: You talk to me,

21 the big guy.

22 MS. WATT: I mean, that

23 sounds like I don't have an option.

24 CHAIRMAN BRENNAN: Well,

51

 

 

1 we're just suggesting that maybe you should

2 pursue and look at this option. Like I

3 said, you may decide for whatever reason,

4 and it's your right, you can come back to

5 us and say this is the only place it can

6 go, this is what I want, and have us deal

7 with it. MS. WATT:

8 Okay.

9 MR. SAVEN: Laura, if I

10 may. MEMBER GRAY:

11 Oh, I'm sorry.

12 CHAIRMAN BRENNAN: Yeah,

13 please. Help.

14 MEMBER GRAY: I also wanted

15 to mention to you that when the city water

16 went in, there were extensive surveys done

17 in the area within the last three years.

18 So you may want to get with the DPW and

19 find out where the exact right-of-way lines

20 are there. I don't know what, if anything,

21 is going to be done about all those

22 boulders and stuff that are in the road

23 right-of-way, you know, but they are in the

24 road. So you need to know where your exact

52

 

 

1 property line is. And at some point there

2 should be some kind of flag out there still

3 from when the water went in and you might

4 be able to find the exact. Because 60 feet

5 is quite different from what's existing.

6 MS. WATT: Okay.

7 MEMBER GRAY: Okay? And

8 it's just a suggestion. I'm trying to keep

9 you from some heartache of trying to put

10 this in and just not being able to do it

11 fully, as you thought.

12 MS. WATT: Thank you.

13 MR. REED: Mr. Chairman,

14 could I make one comment?

15 CHAIRMAN BRENNAN: Sure.

16 MR. REED: My -- I'm very

17 new to this Board, but my understanding of

18 what we can do as far as granting a

19 variance is if it's going to be a proven

20 hardship. And I think that's what I'm

21 gathering here, is that you could come back

22 and say there's these reasons why the rear

23 lot is not appropriate for a garage. A

24 combination of a study of where you can't

53

 

 

1 be, could be part of it. Which, if you do

2 a rear lot offset of 35 feet, actually

3 you're going to be able not to fit the same

4 size garage you have shown here.

5 So the possibility then,

6 you might say, who builds a single car

7 garage anymore? That could be a little bit

8 of a hardship. Or the fact that you've

9 have windows in the back of the house and

10 that's where your kitchen is and that's

11 where everything is, so that's an issue why

12 you couldn't have an attached garage. So

13 maybe you'd have to go with a detached

14 garage. So then you'd have to look at the

15 other requirements for a detached garage.

16 So given the fact that

17 you've got room next to the house, you

18 could put a driveway in. It's hard to

19 prove hardship there, unless there's a

20 reason for it. Maybe there's a

21 hundred-year-old tree right there, and that

22 would be a reason for a hardship.

23 I'm also a little bit concerned

24 about being so close to the street, and

54

 

 

1 all these other reasons I think are good.

2 But maybe if you approach it trying to

3 prove out your hardship case a little

4 better-

5 MS. WATT: I understand.

6 MR. REED: (Continuing)

7 -with the Building Department's help, then

8 you have a lot more ammunition.

9 MS. WATT: I certainly

10 understand.

11 MR. SAVEN: Just one

12 issue. On your existing house, if you had

13 a floor plan of your existing house when

14 we did talk, we'll know where all your

15 rooms are located and how they'll interplay

16 with the building codes in relationship to

17 the attached garage.

18 MS. WATT: And so do I

19 assume that I will automatically, after I

20 talk to the Building Department, after I

21 speak with you, I'm on for next month?

22 MR. SAVEN: Yes.

23 CHAIRMAN BRENNAN: We've not

24 moved on your case tonight. We'd like you

55

 

 

1 to look at some options and come back.

2 MS. WATT: Okay. I

3 appreciate your time.

4 CHAIRMAN BRENNAN: Thank

5 you, Laura.

6 MEMBER BAUER: Maybe a

7 motion to table?

8 CHAIRMAN BRENNAN: Let's

9 make a motion to table, please.

10 MEMBER BAUER: I'll make a

11 motion to table until the next meeting.

12 MEMBER GATT: Support.

13 CHAIRMAN BRENNAN: We have

14 a motion and support.

15 Sarah, please.

16 MS. MARCHIONI: Jerry called

17 it?

18 CHAIRMAN BRENNAN: Jerry

19 called it and a gaggle of people supported

20 it.

21 MS. MARCHIONI: Member

22 Bauer?

23 MEMBER BAUER: Yes.

24 MS. MARCHIONI: Member

56

 

 

1 Brennan?

2 CHAIRMAN BRENNAN: Yes.

3 MS. MARCHIONI: Member

4 Gatt?

5 MEMBER GATT: Yes.

6 MS. MARCHIONI: Member

7 Gray?

8 MEMBER GRAY: Yes.

9 MS. MARCHIONI: Member

10 Gronachan? MEMBER

11 GRONACHAN: Yes.

12 MS. MARCHIONI: Member

13 Reinke?

14 MEMBER REINKE: Yes.

15

16 CASE NO. 03-014 - JOHN JOSEPH SANDS

17 CHAIRMAN BRENNAN: Okay.

18 Mr. Sands

19 are you here?

20 John Joseph Sands of 22800

21 Napier Road wants to build a monster

22 barn.

23 MR. SANDS: John Sands,

24 22800 Napier Road.

57

 

 

1 CHAIRMAN BRENNAN: Do you

2 want to raise your hand and be sworn,

3 please.

4 MEMBER GRONACHAN: Do you

5 swear or affirm that the information you're

6 about to give in the matter before you is

7 the truth?

8 MR. SANDS: Yes, I do.

9 MEMBER CRONACHAN: Thank

10 you.

11 CHAIRMAN BRENNAN: Go ahead.

12 MR. SANDS: I've been a

13 resident there on Napier Road since 1987,

14 when I got the farm from grandparents or

15 bought the farm from my grandmother, Hilda

16 Sands and my grandfather, Joseph Sands.

17 They bought the farm in 1945, so we've

18 been there about 58 years now.

19 The old barn that was on the

20 property came into disrepair and that, in

21 about 1990. It had been there since 1900.

22 I didn't want to construct a new barn in

23 the same location so I let it go until, you

24 know, this being a better time. And I

58

 

 

1 thought I'd move it further back into the

2 property where it would be more suitable

3 for a barn or a large size building.

4 I see that this ordinance

5 takes in effect the existing garage, which

6 is the one-car garage that was put there

7 about 1970. And the way things are these

8 days, that garage may not be there in five

9 or seven years, you know. If I modernize

10 the house, a one-car garage really don't

11 serve as much purpose as they used to, and

12 it was sort of added on.

13 So I would appreciate this

14 variance for this size building. If

15 there's anything else I can tell you, I'd

16 appreciate it. It's for storing boats and

17 antique automobiles and things like a

18 workshop maybe.

19 CHAIRMAN BRENNAN: We'll

20 talk about it.

21 There were six notices sent

22 and you had a pretty strong objection. Do

23 you know your neighbors, the Broadleys?

24 MR. SANDS: I hadn't had a

59

 

 

1 chance to meet them yet.

2 CHAIRMAN BRENNAN: You're

3 going to meet them real quick, I think.

4 One objection. No approvals.

5 Anyone in the audience care

6 to speak to us?

7 (No response from the

8 audience.)

9 CHAIRMAN BRENNAN: Are the

10 Broadleys here? No? Let me read their

11 letter.

12 Our objection to the

13 requested variance, we own the 9. acres to

14 the north, and we believe that current

15 zoning restrictions should apply. A

16 3200-square foot building is larger than

17 most of the houses currently in the area.

18 It would not be in keeping with homes that

19 would most likely be constructed on

20 surrounding acreage. Why is such a large

21 structure needed: a home business, question

22 mark.

23 And I think you just said

24 no, this is for boats and farm equipment

60

 

 

1 and other.

2 Building Department?

3 MR. SAVEN: Just to point

4 out with what Mr. Sands had indicated

5 earlier, I did include the accessory

6 structure which is on his property in the

7 tabulated area for this variance.

8 In other words, he has

9 352-square foot of an existing garage,

10 which was included in that size because of

11 the sum total of all accessory buildings on

12 the property.

13 MR. SANDS: I do have an

14 aerial photo of the property, if you'd

15 like.

16 CHAIRMAN BRENNAN: I'm

17 trying to get the feel where the Broadleys

18 are with respect to where this barn

19 location is. Do you know where their home

20 is?

21 MR. SANDS: Yes. They have

22 the ten empty acres on the front, on the

23 road.

24 CHAIRMAN BRENNAN: On

61

 

 

1 Napier.

2 MR. SANDS: On Napier Road,

3 immediately north of me.

4 CHAIRMAN BRENNAN: Just my

5 own comments. My observation was, at least

6 from Napier, your property is elevated,

7 rough guess, four to six feet it's elevated

8 up from the level of the road. And it's

9 heavily wooded. And my best guess -- I

10 didn't pull into your property, I didn't

11 know if you had dogs or other varmints --

12 but just based on my observation of the

13 location of the barn, it looks to be

14 somewhere about 500-foot deep into the

15 property. Not knowing who's on the east

16 side of the property, and obviously-

17 MR. SANDS: Mr. Aaron

18 Zollar.

19 CHAIRMAN BRENNAN: And does

20 he know -- would -- well, I could

21 probably-

22 MR. SANDS: He has 110

23 acres.

24 CHAIRMAN BRENNAN: I wonder

62

 

 

1 if he was notified. Yes, he was. Okay.

2 So Mr. Zollar was notified,

3 the homeowner to the east -- the property

4 owner to the east. Other than shear size,

5 which we talked about, I didn't have any

6 complaint or anything that knocked me over.

7

8 Other Board members?

9 MEMBER GATT: Can you tell

10 me again what you're going to use this barn

11 for?

12 MR. SANDS: Yes. First,

13 let me say I set it up narrow-ways in my

14 mind on the lot, so you see the smaller

15 view from the road. You know, you see the

16 narrow end from the road. And I made it so

17 I could drive two lanes or boats, you know,

18 pull my boat, and my mother has a boat,

19 straight in from one side and out the other

20 side. And then it still leaves some room

21 for my antiques or a tractor.

22 MEMBER GATT: Do you own

23 antique cars now?

24 MR. SANDS: I have 1955

63

 

 

1 Buick Special, and one -- my grandfather

2 has one and my uncle has two.

3 MEMBER GATT: Is it your

4 intention to rent the space out to other

5 people to store boats or cars or anything?

6 MR. SANDS: Well, you can't

7 say that you're never going to do something

8 with it. You know, if I built decks on the

9 side as a side line, and I might be storing

10 wood in there, but I do have a career with

11 General Motors that keeps me very busy and

12 I'm more than likely skilled trade with

13 them shortly. I've already been with

14 General Motors for 24 years now.

15 And my neighbors, the

16 Broadleys, they should understand and be

17 assured that having met my grandparents,

18 that I also intend to own this property for

19 as much as my life as I'm able to. I've

20 owned it 15 years already and, you know,

21 how many houses does a guy need? I'm not

22 going to turn it into a subdivision, so

23 they really don't have to worry about too

24 many buildings, you know.

64

 

 

1 MEMBER GATT: But you don't

2 intend to run a business out of that barn?

3

4 MR. SANDS: In your spare

5 time you make a couple of bucks doing

6 carpentry, you know. If you do it off your

7 front porch, it's a little more congested,

8 you know, than if you do it off your

9 garage. But for the most part, you know,

10 just to buy a new vehicle, to buy a tractor

11 or something, I have nowhere to put it.

12 I've thought of buying a truck these days,

13 I have no garage for it.

14 MEMBER GATT: You can by a

15 semi and put it in this one.

16 MR. SANDS: And that was a

17 problem, you know, it does take up -- the

18 old antique cars, once you get them inside

19 of something, the building gets awful small

20 and if you don't have power steering or

21 things like that.

22 MEMBER REINKE: Mr. Sands,

23 is there any reason that building couldn't

24 be somewhat smaller than 40 by 80?

65

 

 

1 MR. SANDS: It could be

2 eight-foot shorter, and then more than

3 likely, you know, you could end up

4 disappointed later on that you did make it

5 eight-foot shorter.

6 MEMBER REINKE: I understand

7 that.

8 MR. SANDS: It is very

9 possible, like you say.

10 MEMBER REINKE: Rear

11 requirements. I understand your need for a

12 building. My question is does it really

13 justify that size of building? To me, I

14 think a smaller building would suffice for

15 what you want, which would mean then less

16 of a variance would be required, which I

17 could more support than what you're

18 requesting right here before us.

19 MR. SANDS: Yes, sir. I'm

20 always prepared to be flexible and hear

21 what you have to say.

22 I do have a photo of our

23 previous barn, if you'd like to see that.

24 I don't know if any of that has bearing,

66

 

 

1 but the neighbors, you know, I'm hoping

2 that they will be comfortable in knowing

3 that, you know, one house at a time is

4 enough for me to be owning these days, you

5 know. 20 years, it might be different and

6 I might want a second house, but either

7 way, it's still ten acres and it's not

8 going to have -- well, until I'm gone, no

9 one else is going to own it.

10 MEMBER GRAY: When I

11 originally looked at this proposal -- and I

12 understand the need for barns, and just the

13 very nature of the property is zoned RA,

14 tells me it's residential agricultural.

15 And I thought that's going to be a heck of

16 lot of horses out there. But it's not

17 going to be used for horses at all.

18 I'm very concerned with the

19 size of this. We allow up to 2500 square

20 feet, which is a very large size in that

21 area. And I'm sure that there are barns on

22 the west side of the city that are larger,

23 and I'm sure there's many that are

24 smaller. I'm also not

67

 

 

1 comfortable with the fact that when Member

2 Gatt has asked you now twice, are you going

3 to run a business out of there, you haven't

4 given him a clear yes or no answer. I

5 understand that you say you're not going to

6 do it now, but that means we're going to

7 have problems in the future. I understand

8 storing boats and autos and shop use, but I

9 think 3200 square feet is way too large,

10 when our ordinance says that you can have

11 2500. Understanding, too, that what you

12 have there now may not be there within

13 seven years, as you just said. The one-car

14 garage.

15 MR. SANDS: Well, I can't

16 really run a business out there as far as

17 General Motors keeps me busy more hours in

18 a week than I care to keep busy already. I

19 might do carpentry to make a thousand or

20 $2000 a year, it's not a driving concern.

21 And I'm not going to -- I mean, I'm not

22 going to turn it into a heavy truck repair

23 shop or anything like that.

24 MEMBER GRAY: So would it

68

 

 

1 be fair to say that it is not your intent

2 to run a business out of this barn at this

3 time; is that fair?

4 MR. SANDS: Yes, it is.

5 MEMBER GRAY: Okay.

6 Mr. Gatt, does that

7 somewhat answer your question?

8 MEMBER GATT: It somewhat

9 answers my question.

10 CHAIRMAN BRENNAN: I just

11 did some quick math. If this barn was

12 scaled down to a 40 by 60, and including

13 the existing structure, he would need a

14 variance request of 252 square feet, which

15 backs it down roughly 20, 30 percent.

16 Is that a barn size you

17 could live with, 40 by 60?

18 MR. SANDS: No. The

19 problem, I want two drive through boats --

20 or two drive through lanes at the east

21 end. It would take 12, 24 -- 28 feet of

22 the feet up right off the bat right there.

23 Okay? So -- and then I thought I could

24 park cars in the other end. But you can't

69

 

 

1 really pull them in and jockey them around.

2

3 MEMBER GRAY: You might have

4 to put more doors on to accomplish that.

5 MRS. SANDS: Right. I

6 could live with, say, 72 foot.

7 CHAIRMAN BRENNAN: Well,

8 you've indicated that you're willing to

9 talk to us about minimizing the variance

10 request, and what I propose is minimizing,

11 scale it down to 252 square feet.

12 I mean, you've got a couple

13 of choices here. You can either -- if that

14 doesn't appeal to you, we can have further

15 discussions, or we can vote or your

16 variance request. I think that you've got

17 some feel that there is a concern that what

18 you have proposed is too large. It's a

19 substantial variance request, and your

20 immediate neighbor has voiced an opinion.

21 MR. SANDS: Yes. I'm sorry

22 I haven't been able to contact them because

23 they do have an unlisted phone number. And

24 I have wanted to contact them before to,

70

 

 

1 you know, to say hi, and let them know I

2 thought they brought a really lovely piece

3 of property. They do live in South Lyon.

4 I didn't want to just run right over there

5 and, you know, on one day's notice to say,

6 to explain exactly what I'm doing, and you

7 know, what they could or could not expect.

8 But I think they will be glad to know that

9 I'm not planning on subdividing or

10 anything, and I do intend to keep as much

11 of the farm as open farmland as I can for

12 the next 40 years.

13 CHAIRMAN BRENNAN: Board

14 members? MEMBER GATT:

15 Mr. Sands, just my own personal opinion.

16 This Board addresses hardships, and you

17 haven't convinced me that by reducing the

18 size of the barn would be a terrible

19 hardship for you. I just don't see the

20 difference between a 40 by 80 versus the 40

21 by 60 that our Chairman presented that

22 would cause a hardship for you. So I can't

23 support this.

24 CHAIRMAN BRENNAN: We're at

71

 

 

1 a point right now where you've got to start

2 considering some options, because we can

3 continue this discussion and vote on your

4 variance request, and I think you can get a

5 sense of where we're going with that.

6 MR. SANDS: I would like,

7 if you can try to keep the numbers in

8 eighths. I guess, like you know, 40 by 64,

9 that would be an eight-foot section of

10 building material and it's more conducive

11 to understanding each other.

12 MEMBER REINKE: I can live

13 with a 40 by 64.

14 CHAIRMAN BRENNAN: Well, we

15 get a lot of nodding with the 40 by 64.

16 Would you like to amend your variance

17 request for a barn?

18 MEMBER GRAY: Actually it

19 would be 40 by 66.

20 CHAIRMAN BRENNAN: Well,

21 let's try this one pass at a time.

22 40 by 64 is what the

23 suggestion was made. You're comfortable

24 with that?

72

 

 

1 MR. SANDS: I can make it.

2 CHAIRMAN BRENNAN: I'd like

3 to hear a motion to that.

4 MEMBER REINKE: Mr.

5 Chairman, in

6 Case 03-014, I move that the petitioner's

7 request be modified for a building to be

8 40-foot by 64 feet and no larger.

9 MEMBER GRONACHAN: Second.

10

11 CHAIRMAN BRENNAN: Any

12 discussion on that motion?

13 MEMBER GRAY: Tom's got

14 something to say.

15 CHAIRMAN BRENNAN: Tom's got

16 something to say.

17 MEMBER REINKE: The reason

18 for the building is for storage of antique

19 vehicles, maintenance vehicles for the

20 property, and miscellaneous storage.

21 CHAIRMAN BRENNAN: So

22 modified. Any further discussion?

23 MEMBER GRONACHAN: Mr.

24 Chairman, would the maker of the motion

73

 

 

1 accept a friendly amendment?

2 MEMBER REINKE: No -- go

3 ahead, I'm listening.

4 MEMBER GRONACHAN: In that

5 no business -- that this building is

6 clearly for no business purposes.

7 MEMBER REINKE: This

8 building is to be for no commercial use.

9 MEMBER GRONACHAN: Thank

10 you.

11 CHAIRMAN BRENNAN: All

12 right. We have an amended motion and a

13 second. Any further discussion?

14 (No discussion by the

15 Board.)

16 CHAIRMAN BRENNAN: If not,

17 we'll call the vote.

18 MS. MARCHIONI: Member

19 Reinke?

20 MEMBER REINKE: Yes.

21 MS. MARCHIONI: Member

22 Gronachan?

23 MEMBER GRONACHAN: Yes.

24 MS. MARCHIONI: Member

74

 

 

1 Bauer?

2 MEMBER BAUER: Yes.

3 MS. MARCHIONI: Member

4 Brennan?

5 CHAIRMAN BRENNAN: Yes.

6 MS. MARCHIONI: Member

7 Gatt?

8 MEMBER GATT: Yes.

9 MS. MARCHIONI: Member

10 Gray?

11 MEMBER GRAY: Yes.

12 CHAIRMAN BRENNAN: All

13 right. You've got a barn. See the

14 Building Department for your necessary

15 permit.

16 MR. SANDS: I thank you for

17 your consideration and your time.

18 CHAIRMAN BRENNAN: Thank

19 you for working with us.

20 CASE NO. 03-015 - ALBINO CICERONE

21 CHAIRMAN BRENNAN: We're

22 going to call another case, 03-015.

23 Albino Cicerone?

24 MR. CICERONE: Yes.

75

 

 

1 CHAIRMAN BRENNAN: Come on

2 down.

3 Mr. Cicerone wants -- needs what looks to

4 be a fairly modest variance for

5 construction of an enclosure over an

6 existing patio.

7 MR. CICERONE: Yes, sir.

8 CHAIRMAN BRENNAN: Want to

9 raise your hand and be sworn.

10 MEMBER GRONACHAN: Do you

11 swear or affirm that the information you're

12 about to give in the matter before you is

13 the truth?

14 MR. CICERONE: Yes.

15 MEMBER GRONACHAN: Thank

16 you.

17 CHAIRMAN BRENNAN: Mr.

18 Cicerone, tell us what you want to do.

19 MR. CICERONE: Okay. My

20 name is Albino Cicerone. I live at 45583

21 Irvine Drive, and I want to enclose my

22 existing deck because in the summertime, we

23 got the water in the back, a wetland, a lot

24 of mosquitoes. You can't enjoy the

76

 

 

1 backyard in the summertime. That's the

2 only reason.

3 CHAIRMAN BRENNAN: Okay.

4 Well, sir, if you've followed our meetings,

5 you're in good company. There's lots of

6 people in the City of Novi that have to

7 deal with mosquitoes and freestanding

8 swamps.

9 Okay. There were six

10 notices sent -- sorry, wrong case.

11 There were 22 notices sent.

12 We have three approvals and two

13 objections. The approvals are from Mr.

14 Failing, from the Singles, and Herkas.

15 Saddams objected. I don't

16 think they understand exactly what you want

17 to do. They seem to think that you're

18 going to build into a wetland area, but

19 you're simply putting an addition on top of

20 an existing-

21 MR. CICERONE:

22 (Interposing) Yes. On top of an existing

23 deck.

24 CHAIRMAN BRENNAN: There

77

 

 

1 might have been some confusion there.

2 Anybody in the audience?

3 Come on down, sir. Give us

4 your name and address.

5 MR. VERNALI: Good evening.

6

7 Angelo Vernali. Royal Crown Homeowners

8 Association President, and I live at 22836

9 Braden Court.

10 We really don't have a

11 problem with this request. He's enclosing

12 an existing patio that is already the two

13 feet, 2.7 feet, I believe, into the area,

14 and so we really don't have a major issue

15 with it.

16 CHAIRMAN BRENNAN: Okay.

17 Well, thank you for coming down. I'm

18 digging through here looking for the

19 homeowners' letter, that's even better yet.

20

21 Building Department -- oh,

22 I'm sorry. Anybody else in the audience?

23 (No response from the

24 audience.)

78

 

 

1 CHAIRMAN BRENNAN: Okay.

2 Building Department.

3 MR. SAVEN: You are aware,

4 unenclosed decks take on an 18-foot

5 requirement to a rear yard setback. They

6 can go this as long as there's no cover

7 over the deck. Once this becomes covered

8 and enclosed, it has to take on the 35-foot

9 setback requirement.

10 CHAIRMAN BRENNAN: Okay.

11 Board members?

12 MR. GATT: Mr. Cicerone,

13 first of all, I want to compliment you on

14 your house. I walked around it today and I

15 think it's beautiful. And I'm very

16 impressed with the way you've got it

17 landscaped. I'll support this for a lot of

18 reasons, but I just want -- I work for

19 Oakland County now, and one of the major

20 concerns facing all of us is this West Nile

21 virus. He does back up to some wetlands,

22 and I think it's prudent.

23 MR. CICERONE: We have the

24 pond over there, you know, the pond.

79

 

 

1 MR. GATT: Yes, I see. And

2 I think it's prudent that you're taking

3 steps to safeguard yourself and your

4 family.

5 MR. CICERONE: Thank you.

6 CHAIRMAN BRENNAN: Is that

7 a motion?

8 MR. GATT: No. It's not a

9 motion.

10 CHAIRMAN BRENNAN: We try,

11 as a Board, to be pretty consistent, even

12 though we listen to every case, and this is

13 consistent with other cases that have the

14 same type of problem.

15 MEMBER GRAY: And the fact,

16 too, that it's no more of an encroachment

17 to the rear than what's already there.

18 You're just trying to enclose what's

19 already there so you can enjoy it better.

20 I don't have a problem with it.

21 In the matter of Case

22 Number 03-015, I move to approve the

23 petitioner's request to enclose an existing

24 deck, so he can better enjoy his yard

80

 

 

1 because it does not encroach any farther to

2 the rear setback than it does already.

3 MEMBER REINKE: Support.

4 CHAIRMAN BRENNAN: All

5 right. Motion supported. Any further

6 discussion?

7 (No discussion by the

8 Board.)

9 CHAIRMAN BRENNAN: Sarah,

10 please?

11 MS. MARCHIONI: Member Gray?

12

13 MEMBER GRAY: Yes.

14 MS. MARCHIONI: Member

15 Reinke?

16 MEMBER REINKE: Yes.

17 MS. MARCHIONI: Member

18 Bauer?

19 MEMBER BAUER: Yes.

20 MS. MARCHIONI: Member

21 Brennan?

22 CHAIRMAN BRENNAN: Yes.

23 MS. MARCHIONI: Member

24 Gatt? MEMBER GATT:

81

 

 

1 Yes.

2 MS. MARCHIONI: Member

3 Gronachan? MEMBER

4 GRONACHAN: Yes.

5 CHAIRMAN BRENNAN: Sir,

6 you've got your variance. See the Building

7 Department. MR.

8 CICERONE: Thank you very much.

9 CHAIRMAN BRENNAN: Thanks

10 for coming down.

11 CASE NO. 03-016 - TELCOM CREDIT

12 UNION

13 CHAIRMAN BRENNAN: We're

14 going to call one more case and take a

15 quick break. Case

16 03-016, Robert Wineman of Etkin Equities.

17 He would like a 20-square foot ground sign

18 at West Twelve Mile in the Timber Creek

19 Development. Sir, raise

20 your hand and be sworn.

21 MEMBER GRONACHAN: Do you

22 swear or affirm that the information that

23 you're about to give in the matter before

24 you is true?

82

 

 

1 MR. WINEMAN: I do.

2 MEMBER GRONACHAN: Thank

3 you.

4 MR. WINEMAN: Good evening.

5 I'm

6 Rob Wineman. We are the developer's of a

7 37,000-square foot building for Telcom

8 Credit Union. We're here this evening to

9 request a variance for the installation of

10 a second monument sign at the

11 Cabaret Drive entrance.

12 The site itself sits on the

13 corner of Twelve Mile and Cabaret Drive.

14 There's an existing monument sign on

15 Twelve Mile Road as we sit here tonight.

16 The Cabaret Drive, however, is the main

17 entranceway for their retail customers.

18 The building itself, on the first floor,

19 does have a retail branch. Associated with

20 that, is a drive through banking system.

21 This is the main source of ingress and

22 egress for those customers.

23 In addition, the monument

24 sign itself, just of note, conforms in and

83

 

 

1 of itself.

2 And lastly, Telcom, aside

3 from the address which will be on the

4 building, will have no other building

5 facade signage.

6 I'll be happy to answer any

7 of your questions.

8 CHAIRMAN BRENNAN: Thank

9 you.

10 Seven notices sent. No

11 approvals, no objections. Anyone in the

12 audience?

13 (No response from the

14 audience.)

15 CHAIRMAN BRENNAN: Building

16 Department?

17 MR. SAVEN: This is a

18 corner lot.

19 CHAIRMAN BRENNAN: So

20 noted.

21 Board members?

22 MR. GATT: Is Telcom the

23 only person in that building, the only

24 company?

84

 

 

1 MR. WINEMAN: Yes. They're

2 the sole occupant of the building.

3 MEMBER GATT: And will

4 remain so?

5 MR. WINEMAN: Yes.

6 CHAIRMAN BRENNAN: Second

7 sign on a corner lot. Any other

8 discussion?

9 (No discussion by the

10 Board.)

11 MR. CHAIRMAN: Motion?

12 MEMBER BAUER: Case 03-016,

13 approval of the requested variance due to

14 identification. MEMBER

15 GRONACHAN: Support.

16 CHAIRMAN BRENNAN: We have

17 a motion and support. Any discussion?

18 (No discussion by the

19 Board.)

20 MR. CHAIRMAN: Sarah,

21 please.

22 MS. MARCHIONI: Member

23 Bauer? MEMBER

24 BAUER: Yes.

85

 

 

1 MS. MARCHIONI: Member

2 Gronachan? MEMBER

3 GRONACHAN: Yes.

4 MS. MARCHIONI: Member

5 Brennan?

6 CHAIRMAN BRENNAN: Yes.

7 MS. MARCHIONI: Member

8 Gatt? MEMBER GATT:

9 Yes.

10 MS. MARCHIONI: Member

11 Gray?

12 MEMBER GRAY: Yes.

13 MS. MARCHIONI: Member

14 Reinke?

15 MEMBER REINKE: Yes.

16 CHAIRMAN BRENNAN: Sir, you

17 have your variance. See the Building

18 Department for your necessary permit.

19 MR. WINEMAN: Thank you very

20 much.

21 CHAIRMAN BRENNAN: Ladies

22 and gentlemen, if you'll give us four or

23 five minutes, we're going to take a quick

24 break and we'll be back at 8:47.

86

 

 

1

2 (A brief recess

3 was taken.)

4 CHAIRMAN BRENNAN: All

5 right. We'll resume our meeting.

6 CASE NO. 03-017 - SARATOGA CIRCLE/CAMDEN

7 COURT

8 CHAIRMAN BRENNAN: Case

9 03-017, filed by Martha Hood of S.R.

10 Jacobson for Saratoga Circle/Camden Court.

11 They're looking for a sign --

12 oh, a continuation.

13 MS. HOOD: Yes.

14 CHAIRMAN BRENNAN: Right.

15 Thank you. Raise your hand

16 and be sworn.

17 MEMBER GRONACHAN: Do you

18 swear or affirm that the information you're

19 about to give in the matter before you is

20 the truth?

21 MS. HOOD: I do.

22 MEMBER CRONACHAN: Thank

23 you.

24 MS. HOOD: My name is Martha

87

 

 

1 Hood. I'm here on behalf of S.R. Jacobson,

2 and we're asking to extend our original

3 permits for the two additional signs at the

4 adjoining property at Saratoga Circle and

5 Camden Court.

6 CHAIRMAN BRENNAN: Thank

7 you.

8 There were 106 notices

9 sent. We have one approval from Martha

10 Hood.

11 MEMBER GRAY: I don't think

12 that counts, does it?

13 MS. HOOD: We do have

14 property there. CHAIRMAN

15 BRENNAN: We actually have one approval

16 from Jennifer Pierson as well.

17 Anybody in the audience care

18 to talk to us about this case?

19 (No response from the

20 audience.)

21 CHAIRMAN BRENNAN: Hearing

22 not, we'll move to the Building Department.

23

24 MR. SAVEN: No comment.

88

 

 

1 CHAIRMAN BRENNAN: Board

2 members? MEMBER REINKE:

3 Where do you stand right now, build-out?

4 MS. HOOD: Oh. We have 16

5 lots remaining at Camden Court. We have

6 nine remaining at Saratoga. And that's, of

7 course, removing pending sales agreements

8 because we assume those are done.

9 MEMBER REINKE: What

10 percentage of the total is that?

11 MS. HOOD: We're

12 approximately, I would say, 55 percent

13 completed at Camden Court and about 70

14 percent completed at Saratoga. We've got

15 about a year left at Saratoga, pending the

16 economy, and about a year to a year and a

17 half on Camden Court pending summer sales.

18

19 MEMBER REINKE: I can

20 support one more year. That's it.

21 MS. HOOD: We've lowered

22 our pricing. We're hoping that will help.

23 MEMBER REINKE: I

24 understand. And we're trying to help and

89

 

 

1 trying to work with you on this, but

2 somewhere we've got to find an end.

3 MS. HOOD: I agree.

4 CHAIRMAN BRENNAN: Okay.

5 Any other Board members?

6 MEMBER BAUER: Is this

7 really a Zoning Board of Appeals case; it

8 went that far back?

9 One year, that's fine. I go for that.

10 CHAIRMAN BRENNAN: All

11 right. Jerry or Laverne, you want to move

12 on this?

13 MEMBER REINKE: Mr.

14 Chairman, in

15 Case 03-017, I move that the petitioner's

16 variance be granted for a period not to

17 exceed one year.

18 MEMBER BAUER: Second.

19 CHAIRMAN BRENNAN:

20 Discussion on the motion -- I pulled the

21 trigger too quick. Cindy, do you have a

22 question?

23 MEMBER GRONACHAN: I just

24 have a question. In the application it

90

 

 

1 says: We will redesign the signs to meet

2 the square foot maximum.

3 MS. HOOD: Yes. There are

4 some dangler signs on the bottom that Alan

5 alerted me that they put on somehow

6 between -- I used to work for them and then

7 now he alerted me to that. And we've

8 removed them and then redesigned it to

9 incorporate the verbiage and spruce up the

10 sign not to exceed its existing square

11 footage.

12 MEMBER GRONACHAN: Because

13 on Sunday I wasn't sure what it looked

14 like.

15 MS. HOOD: There was two

16 danglers on the bottom of the sign, and I

17 removed those but the verbiage needs to

18 reintroduced into the sign, so that's why

19 you have the attached change.

20 MEMBER GRONACHAN: I just

21 wanted a clarification. Thank you.

22 CHAIRMAN BRENNAN: All

23 right. Motion and second and discussion.

24 Anything further?

91

 

 

1 (No discussion by the

2 Board.)

3 CHAIRMAN BRENNAN: Sarah,

4 please.

5 MS. MARCHIONI: Member

6 Reinke?

7 MEMBER REINKE: Yes.

8 MS. MARCHIONI: Member

9 Bauer? MEMBER BAUER:

10 Yes.

11 THE WITNESS: Member

12 Brennan:

13 CHAIRMAN BRENNAN: Yes.

14 MS. MARCHIONI: Member

15 Gatt?

16 MEMBER GATT: Yes.

17 MS. MARCHIONI: Member

18 Gray?

19 MEMBER GRAY: Yes.

20 MS. MARCHIONI: Member

21 Gronachan? MEMBER

22 GRONACHAN: Yes.

23 CHAIRMAN BRENNAN: Okay.

24 You've got another year to sell them out.

92

 

 

1 MS. HOOD: Thank you.

2 CASE 03-018 - DAIVA LUKASIEWICZ

3 CHAIRMAN BRENNAN: All

4 right.

5 Case 03-018, Daiva-

6 MS. LUKASIEWICZ:

7 Lukasiewicz.

8 CHAIRMAN BRENNAN: I was

9 just ready to say that. Lukasiewicz.

10 This is the swimming pool

11 case, okay. You needed a three-foot

12 variance to put an addition on the back of

13 your house, because if you put this

14 addition on, you're a little bit close to

15 the swimming pool, and that's why you need

16 three feet. Raise your

17 hand and be sworn. Thank you.

18 MEMBER GRONACHAN: Do you

19 swear or affirm that the information you're

20 about to give in the matter before you is

21 the truth?

22 MS. LUKASIEWICZ: I do.

23 MEMBER GRONACHAN: Thank

24 you.

93

 

 

1 CHAIRMAN BRENNAN: Tell us

2 what you want to do.

3 MS. LUKASIEWICZ: We are a

4 family of six. We have lived at the house

5 for ten years. We are busting at the seams

6 in the family room; we cannot all fit in

7 there comfortably. We'd like to add out.

8 We want to add eight feet, which would make

9 the space between the addition, the house,

10 and the pool down to seven feet instead of

11 ten. We currently have a six-foot doorwall

12 along the back of our family room. To

13 maximize the space, we would like to move

14 it to the side, so we would have to go out

15 at least seven -- well, over six feet. We

16 would like it to be eight.

17 CHAIRMAN BRENNAN: Okay.

18 Now that was painless, wasn't it?

19 MS. LUKASIEWICZ: Pretty

20 much.

21 CHAIRMAN BRENNAN: There

22 were 22 notices, five approvals. These are

23 all neighbors. The Whites, Kaufmans,

24 Boyles, Toka, Prest, Valley. No

94

 

 

1 objections.

2 Anyone in the audience?

3 (No response from the

4 audience.)

5 CHAIRMAN BRENNAN: Building

6 Department.

7 CHAIRMAN BRENNAN: No

8 comment, sir.

9 CHAIRMAN BRENNAN: Board

10 members? MEMBER BAUER:

11 Did you get the Homeowners Association?

12 MS. LUKASIEWICZ: Yes, we

13 did.

14 MS. MARCHIONI: She dropped

15 it off. It's in the file.

16 CHAIRMAN BRENNAN: Okay. I

17 didn't see that, but Sarah doesn't lie.

18 Any other questions?

19 MEMBER GATT: How big is

20 your dog -- I'm just kidding. I was going

21 to get out and walk around, but.

22 MS. LUKASIEWICZ: She's

23 still a puppy.

24 MEMBER GATT: Okay.

95

 

 

1 MS. LUKASIEWICZ: Very

2 large, loud bark.

3 CHAIRMAN BRENNAN: My take

4 on this is that this is a reasonable

5 request, and a very slight variance

6 requirement to meet the ordinance.

7 CHAIRMAN BRENNAN: I'll

8 make a motion. 03-018, that the

9 petitioner's request be approved. She's

10 within the spirit of the ordinance and the

11 request is minimal

12 MEMBER GRAY: Support.

13 CHAIRMAN BRENNAN: All

14 right. Any discussion?

15 (No discussion by the

16 Board.)

17 CHAIRMAN BRENNAN: All

18 right. Sarah. MS.

19 MARCHIONI: Member Brennan?

20 CHAIRMAN BRENNAN: Yes.

21 MS. MARCHIONI: Member

22 Gronachan?

23 MEMBER GRONACHAN: Yes.

24 MEMBER BAUER: Yes.

96

 

 

1 MS. MARCHIONI: Member

2 Gatt?

3 MEMBER GATT: Yes.

4 MS. MARCHIONI: Member

5 Gray?

6 MEMBER GRAY: Yes.

7 MS. MARCHIONI: Member

8 Reinke?

9 MEMBER REINKE: Yes.

10 CHAIRMAN BRENNAN: I have

11 four children also, and I've put an

12 addition on my family room. See the

13 Building Department for your permit.

14 MS. LUKASIEWICZ: Thank

15 you.

16 CASE NO. 03-019 - PREMIUM SELF STORAGE

17 CHAIRMAN BRENNAN: All

18 right.

19 Mr. Michael Parks representing Premium Self

20 Storage, Case 03-019. This is a -- I

21 don't think I've ever seen one of these on

22 this Board -- but a variance to allow a

23 flat roof for a self storage facility.

24 All buildings proposed for

97

 

 

1 the development have flat roofs, and that

2 is in violation of the ordinance.

3 Sir, you want to give us

4 your name and be sworn?

5 MR. PARKS: Sure. Michael

6 Parks with Cypress Partners.

7 MEMBER GRONACHAN: Raise

8 your right hand, please.

9 Do you swear or affirm that

10 the information you're about to give in the

11 matter before you is the truth?

12 MR. PARKS: I do.

13 Just to give you a quick

14 history. We were looking for a property to

15 develop this project on for a couple of

16 years in Novi. We've identified the

17 property about a year ago. Started to meet

18 with staff through last summer and organize

19 plans. Submitted in November for the

20 Preliminary Site Plan approval. The end of

21 February, we received unanimous approval,

22 I think it was 7-0 for the Preliminary

23 Site Plan approval, subject to the granting

24 of a variance for the project.

98

 

 

1 The hardship on this project

2 is the inability to build a storage

3 building of any size and stay underneath

4 the 15-foot height requirement and build a

5 pitched roof. We tried a number of

6 different ways. It just does not work.

7 The Planning Commission kind of agreed with

8 us that it was an antiquated ordinance to

9 meet the kind of changing style of storage

10 buildings that are being built today, and

11 we're here tonight before you to ask for a

12 variance.

13 CHAIRMAN BRENNAN: Thank

14 you.

15 There were 19 notices sent.

16 No approvals, no objections. Anyone in the

17 audience? (No

18 response from the audience.)

19 CHAIRMAN BRENNAN: Building

20 Department?

21 MR. SAVEN: No comment,

22 sir.

23 CHAIRMAN BRENNAN: I have a

24 question for you. I don't recall this

99

 

 

1 coming before us before and I know there's

2 other storage facilities. I had made a

3 mental note to check out some others, to

4 the best I recall, they're all flat, flat

5 roofed. Is this a little quirk in the

6 ordinance that we don't address the

7 particular design needs of storage

8 facilities? Is there any history here?

9 MR. SCHULTZ: If I may, Mr.

10 Chair. This is a particular requirement

11 for the I-1 district, which is what the

12 zoning on this property is.

13 The Planning Commission

14 reviewed this as a special land use, which

15 as you know is kind of a discretionary

16 approval, much like a ZBA variance. I

17 think they looked at the existing building

18 and the new one, and did the same kind of

19 analysis that you did this year, and it is

20 peculiar to the I-1 District, I believe.

21 CHAIRMAN BRENNAN: Board

22 members?

23 MEMBER BAUER: This was

24 going to be a repair shop at one time.

100

 

 

1 MR. SAVEN: Oh, yes.

2 Exotic cars.

3 MEMBER BAUER: I have no

4 problem with it at all.

5 CHAIRMAN BRENNAN: It would

6 seem that its use is best served with

7 having a flat roof so you can shove more

8 stuff in it. That's what you're selling.

9 Any other Board members?

10 Sarah?

11 MEMBER GRAY: I think

12 there's some comment. I've been reading

13 the Planning Commission Minutes about maybe

14 the front building having a gable roof, and

15 you didn't want to do that. And I realize

16 it's a two-story building.

17 MR. PARKS: Yeah, the front

18 building, it's completely impossible to do

19 it because of the size of the building. By

20 the time you put a pitched roof on it and

21 stay underneath the 15-foot, your building

22 becomes like a-

23 MEMBER GRAY: Okay. And

24 it's just because it's peculiar to the I-1

101

 

 

1 District.

2 MR. SAVEN: And the existing

3 structure.

4 MR. SCHULTZ: This is, as I

5 said, a special land use to be used in the

6 District, and among the several

7 requirements is information regarding the

8 facade materials and a statement as to

9 architectural design, precluding a flat

10 roof. So I'm not aware of it being in any

11 other district. It's written into this

12 district.

13 MEMBER GRAY: Okay. I

14 don't have a problem with it. I think it's

15 a, if I'm reading the minutes and what the

16 presentation was, it's something that's

17 needed, especially climate control, so I

18 think it going to fill a need.

19 CHAIRMAN BRENNAN: Other

20 Board members?

21 MR. GATT: Also, in reading

22 the Minutes, they've more than complied

23 with the Planning Commission requests.

24 They've boosted up their landscape to some

102

 

 

1 extent, and I see the awnings and so on and

2 so forth. It's going to be a nice looking

3 building.

4 CHAIRMAN BRENNAN: Ready to

5 make your first motion there, Rob?

6 MEMBER GATT: No. I'm

7 still watching.

8 MEMBER REINKE: Mr.

9 Chairman, in

10 Case 03-019, I move that the petitioner's

11 request be granted due to the unique

12 characteristic of the zoning district.

13 MEMBER BAUER: Second the

14 motion.

15 CHAIRMAN BRENNAN: Okay.

16 Motion and a second. Any discussion?

17 (No discussion by the

18 Board.)

19 CHAIRMAN BRENNAN: Sarah?

20 MS. MARCHIONI: Member

21 Reinke?

22 MEMBER REINKE: Yes.

23 MS. MARCHIONI: Member

24 Bauer?

103

 

 

1 MEMBER BAUER: Yes.

2 MS. MARCHIONI: Member

3 Brennan? CHAIRMAN

4 BRENNAN: Yes.

5 MS. MARCHIONI: Member

6 Gatt?

7 MEMBER GATT: Yes.

8 MS. MARCHIONI: Member

9 Gray?

10 MEMBER GRAY: Yes.

11 MS. MARCHIONI: Member

12 Gronachan?

13 MEMBER GRONACHAN: Yes.

14 CHAIRMAN BRENNAN: Okay.

15 You have your variance. See the Building

16 Department.

17 MR. PARKS: Thank you very

18 much.

19 CASE NO. 03-020 - ASBURY

20 PARK

21 CHAIRMAN BRENNAN: We still

22 have on the Agenda this next case, correct;

23 just part of it was deleted; right?

24 03-020, Asbury Park.

104

 

 

1 MS. MARCHIONI: The party is

2 out in the hallway.

3 CHAIRMAN BRENNAN: Are you

4 here for Asbury Park?

5 MR. ROSSI: Yes, I am.

6 CHAIRMAN BRENNAN: We

7 called your case.

8 MR. ROSSI: I'm sorry about

9 that.

10 CHAIRMAN BRENNAN: Give us

11 your name and raise your hand and be

12 sworn.

13 MR. ROSSI: My name is

14 Claudio Rossi. MEMBER

15 GRONACHAN: Do you swear or affirm that the

16 information you're about to give in the

17 matter before you is the truth?

18 MR. ROSSI: Yes, it is.

19 MEMBER GRONACHAN: Thank

20 you.

21 MR. ROSSI: Good evening.

22 I'm with Mirage Development, and here on

23 behalf of the Asbury Park project.

24 I would like to request that

105

 

 

1 the Board consider a variance approval, on

2 the location of a two-acre open space area

3 within the Asbury Park project.

4 Due to the hardship created

5 by 20 some odd acres of wetland centrally

6 located within this project, we are unable

7 to place this open space within that

8 vicinity. However, we do have some upland

9 area to the south, that we are were able to

10 get the full two acres and be able to

11 provide pathways going to the east and to

12 the west, to be able to access the majority

13 of the sites within this project.

14 We did receive Planning

15 Commission recommended approval a few weeks

16 ago, and they suggested that we come to the

17 see the ZBA for your final approval. If

18 you have any questions, I'd be more than

19 happy to answer them. And I'm here to do

20 that.

21 CHAIRMAN BRENNAN: Thank

22 you.

23 There were 26 notices sent

24 to adjoining parcels. There were no

106

 

 

1 approvals. Two objections. Mr. Gibbons,

2 who was concerned about two variances when

3 we're only dealing with one, and that's the

4 location of this active recreation area.

5 Dolores Vedro wrote an

6 in-depth letter, I'm not going to read it

7 all. She and her husband are both

8 concerned about this. I'm not exactly sure

9 where they are. I would guess by their

10 address, they're very close to adjoining on

11 either side, 46800 Eleven Mile.

12 Anybody in the audience care

13 to discuss and talk to us? Come on down.

14 Give us your name and address.

15 Are you Mr. Bedrow or Mr.

16 Gibbons?

17 Neither, okay.

18 MR. SIEMBOR: You owe them

19 money?

20 My name is Will Siembor. I

21 live at 46500 Eleven Mile Road, which is --

22 I have two common boundaries with the

23 development. My north, the back of my

24 property is the north side. Or my north

107

 

 

1 side is going to be adjacent now to the

2 active open area. I've been

3 the resident on that property for 17 years

4 now, full well knowing 17 years ago when I

5 bought the property, that Novi was a

6 growing city and things were going to be

7 developed. And I've participated in

8 Planning Commission meetings and City

9 Council meetings for Walden Woods, Lochmoor

10 Village, just to make sure things are

11 developed responsibly, in the spirit that

12 the City of Novi and the residents on

13 Eleven Mile Road would like them to be

14 developed.

15 I've been working with the

16 developer for two years now, in

17 communication with not only Mirage, but the

18 original developer and the owners of the

19 property, the wetlands, just to get an idea

20 of -- to make sure that they were going to

21 save as much of the wetlands as possible.

22 And I'm very convinced that by saving the

23 wetlands, having the active open area even

24 though the development is going to be more

108

 

 

1 than 75 open area, the active area is going

2 to be in my backyard basically. And as

3 long as there's no kids screaming on the

4 mornings, on Sunday mornings, I'm going to

5 be in favor of allowing them to put the

6 active recreation area behind -- outside of

7 the center of the development. So my vote

8 is for approving it.

9 CHAIRMAN BRENNAN: Thank

10 you.

11 Anybody else in the

12 audience?

13 (No response from the

14 audience.)

15 CHAIRMAN BRENNAN: Building

16 Department?

17 MR. SAVEN: Just wondering

18 how you put that in a motion.

19 No comment, sir.

20 CHAIRMAN BRENNAN: Board

21 members?

22 What always seems to be

23 obvious to most isn't to somebody else, but

24 I don't know where the heck you would put

109

 

 

1 this active recreation area other than

2 where you placed it by nature of the

3 property. It's depressed with respect to

4 topography. This is a tough piece of

5 property to work with.

6 MEMBER REINKE: What it

7 looks like to me is that through the

8 topography and the elevation of the lot, of

9 this section piece of property, that is the

10 only area that would be actively available

11 for use.

12 MEMBER GRAY: I'm going to

13 throw a few other items in. I know Mr. and

14 Mrs. Vedro are very concerned about the

15 location of -- and looking at the

16 topography, I don't know where else you

17 could put it either. However, I'm going to

18 urge you to continue to work with those

19 residents around which you're going to be

20 located, to give them the most protection

21 from the potential of noise and other

22 factors.

23 I can support the variance,

24 but I'm very concerned about their quality

110

 

 

1 of life too. And you know, so if more

2 screening is going to be involved, whatever

3 you can do to work with these neighbors to

4 make them happy, please do so -- and I'm

5 sure you have, but don't stop.

6 MR. ROSSI: I've spoken

7 with

8 Mr. Vidro and also his next door neighbor.

9 We actually met on-site early this week,

10 and we did tell them that we can possibly

11 keep a small buffer of natural trees that

12 wouldn't affect the recreation area, or if

13 those trees have to come down, then we

14 would provide some screening with

15 replacement trees, so that there would be

16 some type of buffer between their north

17 property line and our south property line.

18 They were fine with that.

19 CHAIRMAN BRENNAN: They

20 also seem to think that this area was not

21 going to be maintained. Who maintains

22 this?

23 MR. ROSSI: Well, once the

24 Association is established for this

111

 

 

1 project -- obviously as the developer we

2 will be responsible for it until X amount

3 of people have moved in. And once the

4 Association takes over, they will be

5 responsible for maintaining the field and,

6 you know, trimming everything out and

7 making sure that everything looks-

8 MEMBER GRAY: (Interposing)

9 So up to 50 percent you're still

10 responsible-

11 MR. ROSSI: (Interposing)

12 At least 50 percent. It might even be 70

13 or 75 percent, I would have to look.

14 MEMBER GRAY: But you're

15 making a commitment to maintain it?

16 MR. ROSSI: Absolutely.

17 MR. SCHULTZ: A quick

18 comment. As I indicated at the Planning

19 Commission meeting, maybe in response to a

20 similar concern, we do review the master

21 deeds for the subdivision, and we require

22 that for all these open spaces there's a

23 maintenance requirement, and a fall back if

24 they fail to maintain it. We have the

112

 

 

1 ability to come and do it ourselves.

2 CHAIRMAN BRENNAN: Anybody

3 else?

4 Cindy?

5 MEMBER GRONACHAN: Mr.

6 Chairman, I just -- Mrs. Vedro actually

7 called, and they were out of town, and

8 that's why the letter came and they're not

9 here this evening. But they're still very

10 concerned.

11 Now, you say you met with

12 Mr. Vedro last week?

13 MR. ROSSI: I met with Mr.

14 Vedro. Actually it was -- it was, I think,

15 either Thursday or Friday of last week.

16 And I met with his next door neighbor to

17 the west. And they both were concerned

18 about exactly what was happening at that

19 south property line. They were not aware

20 exactly where this recreation area was

21 going. In fact, where their property lines

22 were with respect to our property lines.

23 I met with both of them,

24 showed them exactly where the property

113

 

 

1 lines were located. Showed them the

2 stakes. Showed them exactly where --

3 there's a retention pond going in to the

4 very west portion, and the recreation area

5 would be to the east. And showed them

6 exactly where those would be in respect to

7 their property, and assured them that we

8 would work with them to provide, you know,

9 the buffering needed in order to screen

10 this project off from their lots.

11 I think it was, I'm sorry I

12 think I might have said earlier this week.

13 For some reason I'm thinking it's later in

14 the week. It was at the end of last week.

15 MEMBER GRONACHAN: No, I

16 understand.

17 CHAIRMAN BRENNAN: There

18 were two issues raised by the Vedros, and

19 given they're not here, I'll just point out

20 one was the variance that was dropped

21 tonight, with respect to the required

22 active recreation space, the two acres.

23 That's not on the table, so that's not an

24 issue with them now because that's been

114

 

 

1 resolved.

2 The other was the screening

3 and the issues the petitioner has already

4 discussed. So I think that we've perhaps

5 satisfactorily provided some relief to the

6 Vedros, with them not being here.

7 MEMBER GATT: Mr. Chairman,

8 Mrs. Vedro also called me over the weekend.

9 For me to support this case, they would

10 have to make -- the motioner would have to

11 put in some sort of caveat that the builder

12 does put in a berm or trees or some kind of

13 barrier between the Vedros' concerns versus

14 the open space.

15 CHAIRMAN BRENNAN: What's

16 on record, he's going to leave some

17 existing foliage or trees that are there.

18 MR. ROSSI: If we're able

19 to leave, if the Department will allow to

20 us leave a small buffer of existing trees,

21 we can do so. If they feel that

22 everything has to be cleared, then we'll go

23 ahead and plant some replacement trees.

24 And we went on the record at the Planning

115

 

 

1 Commission, I think it's in the minutes,

2 that said that we would provide some type

3 of buffering around that recreation area.

4 But we would prefer to allow us to keep

5 some natural trees in there, if that will

6 work, you know.

7 CHAIRMAN BRENNAN: Well,

8 let's just keep the Board focused on the

9 variance request before us, and the

10 location of this recreation area along

11 Eleven Mile rather than being in the middle

12 of the property. That's what's before us

13 tonight. All these other concerns are

14 concerns, but what we are faced with is

15 this variance.

16 MR. ROSSI: Thank you.

17 CHAIRMAN BRENNAN: Board

18 members? MEMBER REED:

19 Everything sounds real logical to me, Mr.

20 Chairman. I've been in some other

21 subdivisions where the active recreation

22 areas always get the least amount of

23 attention, and I know you'll stand by your

24 word and it's on the record and everything,

116

 

 

1 but I've been in subdivisions where it

2 always gets the least attention because

3 you're focusing on the house and the look

4 of the subdivision and everything. Whether

5 it's the maintenance -- even after the

6 Homeowners Association takes over, it

7 always gets the least attention.

8 So just keep it as a focus.

9 I mean, obviously you're swearing to do all

10 this and that's great. I just want to make

11 sure that they're ultimately happy with

12 that because I know how it goes in

13 subdivisions. I mean, the trees that are

14 dead are in the active areas. The stuff

15 that's not being cut correctly or things

16 like that, it's always an issue because it

17 not right in front of you.

18 MR. ROSSI: Well, we'll try

19 to keep a close eye on it and make sure

20 that everything is kept clean and trimmed,

21 and the grass is mowed and whatever

22 needs -- I'm sure at some point in time as

23 the homeowners move in, they'll probably

24 want to make some amendments or amenities

117

 

 

1 to that area, you know, maybe add some

2 structures there that would be beneficial

3 to the kids in that neighborhood. But we

4 will do our best to keep control of it.

5 MEMBER GRAY: Mr. Chair, in

6 the matter of Case 03-020, I will move that

7 we approve the variance requested for the

8 location of the active recreation area to

9 the south perimeter of the sub, based on

10 the overall topography of the subdivision.

11 MR. REINKE: Support.

12 CHAIRMAN BRENNAN: All

13 right. Motion and support. Any

14 discussion?

15 (No discussion by the

16 Board.)

17 CHAIRMAN BRENNAN: Sarah?

18 MS. MARCHIONI: Member Gray?

19

20 MEMBER GRAY: Yes.

21 MS. MARCHIONI: Member

22 Reinke?

23 MEMBER REINKE: Yes.

24 MS. MARCHIONI: Member

118

 

 

1 Bauer? MEMBER BAUER:

2 Yes.

3 MS. MARCHIONI: Member

4 Brennan?

5 CHAIRMAN BRENNAN: Yes.

6 MS. MARCHIONI: Member Gatt?

7 MEMBER GATT: Yes.

8 MS. MARCHIONI: Member

9 Gronachan?

10 MEMBER GRONACHAN: Yes.

11 CHAIRMAN BRENNAN: All

12 right. You have your variance. See the

13 Building Department.

14 MR. ROSSI: Thank you very

15 much. CASE NO. 03-021 -

16 MICHAEL BULBUK

17 CHAIRMAN BRENNAN: Mr.

18 Bulbuk?

19 Michael Bulbuk, 41860 Quince, wants to

20 construct a garage addition.

21 Raise your hand and be

22 sworn.

23 MEMBER GRONACHAN: Do you

24 swear or affirm that the information you're

119

 

 

1 about to give in the matter before you is

2 the truth?

3 MR. BULBUK: Yes, it is.

4 MEMBER GRONACHAN: Thank

5 you.

6 MR. BULBUK: We bought our

7 home in 1997. It's a tri-level with a

8 one-car attached garage, and as was

9 mentioned on more than one occasion

10 tonight, inadequate one-car garage. It

11 happens to have a leaky roof, and we'd like

12 to upgrade it to something a little more

13 2003.

14 We currently have four

15 drivers in the house. 16 and 17-year-old

16 sons and we jockey for position as it is

17 using our driveway. We have never used our

18 garage for actually parking vehicles and

19 would like to do so.

20 The two setbacks that we're

21 asking for, the rear setback would just be

22 to tie into the existing back of the

23 house. We also own a second parcel of

24 property which is right behind the house.

120

 

 

1 My wife was encouraging me, the storage

2 unit had the three placards -- I have three

3 little pictures, and she wanted me to put

4 these out in front, but I don't think you

5 can see them from here. I brought pictures

6 in case some of you didn't get a chance to

7 get out and see the property.

8 The front setback is

9 actually on the side. There is a street,

10 Woodglen Drive. We didn't know the name

11 of it when we bought the house because

12 there was no sign up. It runs about 100

13 feet west of Quince and it just stops and

14 dead-ends. And I doubt that anything will

15 be ever be able to be built behind it.

16 The initial proposals that I

17 brought to the Building Department were for

18 three-car garages. One was with the

19 entrance off of Quince and another was with

20 the entrance off of Woodglen Drive, which

21 would have been a side entrance. The third

22 proposal, which I believe is the one that

23 you have a copy of, would be for a two and

24 a half car garage off of the front with the

121

 

 

1 Quince entrance.

2 CHAIRMAN BRENNAN: Is that

3 it?

4 MR. BULBUK: That's it.

5 CHAIRMAN BRENNAN: Okay. 22

6 notices. Three approvals. Your neighbors,

7 Nataffi?

8 MR. BULBUK: Yes.

9 CHAIRMAN BRENNAN: Dorothy

10 McDugan and Colleen Berry.

11 Anybody in the audience care

12 to talk to us?

13 (No response from the

14 audience.)

15 CHAIRMAN BRENNAN: Building

16 Department?

17 MR. SAVEN: Only that this

18 is technically a corner lot.

19 CHAIRMAN BRENNAN: Board

20 members? MEMBER REINKE:

21 Well, if it wasn't the street going to

22 nowhere, we wouldn't have a problem.

23 I have no problem with the

24 petitioner's request.

122

 

 

1

2 MEMBER GRONACHAN: Mr.

3 Chair, I also concur. Cute dog though.

4 Nice dog. Good thing the yard is fenced.

5 I have no problem. The neighborhood, it's

6 not going to change anything from the rest

7 of houses. There are some two car garages

8 out there, and I don't even know that that

9 garage right now could fit your car in it.

10

11 MR. BULBUK: It couldn't fit

12 our van, I know that.

13 MEMBER GRONACHAN: No,

14 absolutely. So I don't see -- the fact

15 that it's a corner lot, the lot size and

16 the configuration, I don't have a problem

17 with it.

18 CHAIRMAN BRENNAN: Is that

19 a motion? MEMBER GRONACHAN:

20 Sure, it can be. Case

21 Number 03-021, I move that we approve the

22 variance for 14.5 feet with the front yard

23 setback, and the 7.1 feet for the rear yard

24 setback, for the garage, based on the lot

123

 

 

1 size configuration, and also due to the

2 fact that this is a corner lot.

3 MEMBER BAUER: Second.

4 CHAIRMAN BRENNAN: Okay.

5 Any discussion?

6 (No discussion by the

7 Board.)

8 CHAIRMAN BRENNAN: Sarah?

9 MS. MARCHIONI: Member

10 Gronachan? MEMBER

11 GRONACHAN: Yes.

12 MS. MARCHIONI: Member

13 Bauer?

14 MEMBER BAUER: Yes.

15 MS. MARCHIONI: Member

16 Brennan?

17 CHAIRMAN BRENNAN: Yes.

18 MS. MARCHIONI: Member

19 Gatt?

20 MEMBER REINKE: Yes.

21 MS. MARCHIONI: Member

22 Gray?

23 MEMBER GRAY: Yes.

24 MS. MARCHIONI: Member

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1 Reinke?

2 MEMBER REINKE: Yes.

3 CHAIRMAN BRENNAN: All

4 right. You've got your variance to build a

5 two-car garage. See the Building

6 Department for your permits.

7 MR. BULBUK: Thank you for

8 your time.

9 CASE NO. 03-022 - TRILLIUM VILLAGE

10 CHAIRMAN BRENNAN: All

11 right.

12 Mr. Byarski. You're here for Trillium

13 Village.

14 MR. BYARSKI: I am.

15 CHAIRMAN BRENNAN: This is

16 Case 03-022. You need some variances for a

17 sidewalk, I guess.

18 MR. BYARSKI: Yes. A

19 sidewalk and retaining the stone house.

20 CHAIRMAN BRENNAN: You want

21 to raise your hand and be sworn, please?

22 MR. BYARSKI: Pardon me,

23 sir?

24 CHAIRMAN BRENNAN: Raise

125

 

 

1 your hand and be sworn, please.

2 MEMBER GRONACHAN: Do you

3 swear or affirm that the information you're

4 about to give in the matter before you is

5 the truth?

6 MR. BYARSKI: I do.

7 MEMBER GRONACHAN: Thank

8 you.

9 MR. BYARSKI: Basically, we

10 have some pictures here, and I don't know

11 if you've had the opportunity to take a

12 look at them, but there's that, in our

13 opinion, what the stone house on Nine Mile

14 there, which we view as an asset to the

15 community. The gentleman that we

16 purchased the property from grew up there,

17 and his father constructed it, and it's in

18 beautiful shape.

19 And what we were originally

20 designing would not have required a

21 variance, but because of the exit that the

22 traffic engineer requested to go out onto

23 Nine Mile, so we'd have two entrances and

24 exits, it required us to put the road a

126

 

 

1 little bit closer to that house than

2 necessary, although it's substantially back

3 from Nine Mile. We just think it's a

4 beautiful asset, and moving it would

5 destroy it.

6 And it's just been redone.

7 If you ever have the opportunity to take a

8 look at it, it's gorgeous. As a result of

9 that, running the sidewalk, it's just

10 common sense that you'd have to terminate

11 it a little bit earlier, because it would

12 be too close to the house. Along with the

13 sidewalk, up by Haggerty, which the

14 Planning Commission recommended that it go

15 on the north side of the road, because of

16 people turning in and safety issues. So

17 the sidewalk is pretty much a safety

18 issue.

19 CHAIRMAN BRENNAN: Okay

20 MR. BYARSKI: Thank you.

21 CHAIRMAN BRENNAN: There

22 were 14 notices sent. No approvals; no

23 objections.

24 Anyone in the audience care

127

 

 

1 to talk to us about this case?

2 (No response from the

3 audience.)

4 CHAIRMAN BRENNAN: Building

5 Department?

6 MR. SAVEN: It's basically

7 what he indicated. If you take a look at

8 where the sidewalk is in terms of Detention

9 Basin B, it does not go all the way

10 through to Haggerty Road, and also the

11 stone house that exists, would be on the

12 westerly side of the property line. The

13 sidewalk ends abruptly at that stone house

14 area. So it does not go all the way

15 through. It's just for those two areas

16 that we had a concern for the sidewalk. It

17 provided for the rest of the area.

18 CHAIRMAN BRENNAN: Okay.

19 Board members?

20 I, for one, sir, am glad to

21 see a developer that's looking at a piece

22 of Novi history and wanting to keep it.

23 MR. BYARSKI: Thank you.

24 CHAIRMAN BRENNAN: I

128

 

 

1 remember the Yerke's home on Eight Mile

2 magically disappeared via a fire when that

3 subdivision went up. And I thank you for

4 that.

5 Board members?

6 MEMBER GATT: I just occur

7 with

8 Mr. Brennan. That's a beautiful house, and

9 I know the owners -- I knew the owners.

10 They've been there forever, and I'm glad

11 it's going to stay in Novi forever.

12 CHAIRMAN BRENNAN: So it

13 sounds like we have some concurrence that

14 the petitioner's requests are reasonable.

15 Any objection to those requests?

16 MR. REINKE: Is that a

17 motion,

18 Mr. Chairman?

19 CHAIRMAN BRENNAN: Yeah,

20 we'll wait for you, Laverne.

21 MR. REINKE: Mr. Chairman,

22 In

23 Case 03-022, I move that the petitioner's

24 request be granted due to retaining a

129

 

 

1 historic home, and due to the requirements

2 of the site developer.

3 MEMBER BAUER: Second.

4 CHAIRMAN BRENNAN: Okay.

5 Motion and second. Any discussion?

6 (No discussion by the

7 Board.)

8 CHAIRMAN BRENNAN: Sarah?

9 MS. MARCHIONI: Member

10 Reinke?

11 MEMBER REINKE: Yes.

12 MS. MARCHIONI: Member

13 Bauer?

14 MEMBER BAUER: Yes.

15 MS. MARCHIONI: Member

16 Brennan?

17 CHAIRMAN BRENNAN: Yes.

18 MS. MARCHIONI: Member

19 Gatt?

20 MEMBER GATT: Yes.

21 MS. MARCHIONI: Member

22 Gray?

23 MEMBER GRAY: Yes.

24 MS. MARCHIONI: Member

130

 

 

1 Gronachan?

2 MEMBER GRONACHAN: Yes.

3 MR. BYARSKI: Thank you

4 again. CHAIRMAN

5 BRENNAN: You have your variance.

6 CASE NO. 03-023 - SUMMERLIN

7 CHAIRMAN BRENNAN: Case No.

8 03-023 filed by Robert McCowan for

9 Summerlin. These are street signs?

10 MR. McCOWAN: Correct.

11 Good evening.

12 I'm Robert McCowan, Summitt Development.

13 CHAIRMAN BRENNAN: Raise

14 your right hand and be sworn.

15 MEMBER GRONACHAN: Do you

16 swear or affirm that the information you're

17 about to give in the matter before you is

18 the truth?

19 MR. McCOWAN: I do.

20 I just started in the

21 Sutherland project on West Park Road, and I

22 just began my model home and spec home in

23 there, and I required some signage to bring

24 people in off the road.

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1 Up front, I think we're

2 permitted four square feet. And driving by

3 at 40 or 50 miles an hour, it's difficult

4 to read any kind of a sign that's four

5 square feet. And so I did a sandwich board

6 out there, that I think is a little larger

7 and helps people see the neighborhood

8 before they pass it.

9 And then internally in the

10 neighborhood, I used the same sign to get

11 people to my sales center. And then I

12 placed another sign, which was going to be

13 a permanent sign for the model on the

14 property line between Home Site 24 and 36.

15 This is a standard size model home center

16 sign that I've used for years and -- do you

17 all have the photographs? The bottom part

18 of that is lattice, more for decoration.

19 It's not even part of the physical sign.

20 And I think that size there again is easier

21 for people to read and understand that's a

22 model home. I think if you get down to a

23 two by three sign, it very difficult for

24 someone to discern what it is unless they

132

 

 

1 drive right up to it.

2 CHAIRMAN BRENNAN: Okay.

3 There were 59 notices and we have two

4 objections from Mr. Penn on West Lake Drive

5 and Mr. Ross on West Lake Drive. They take

6 exception to your variance request.

7 Anybody in the audience care

8 to talk to us?

9 (No response from the

10 audience.)

11 CHAIRMAN BRENNAN: Building

12 Department?

13 MR. SAVEN: No comment,

14 sir.

15 CHAIRMAN BRENNAN: Board

16 members.

17 MR. GATT: Well, I just

18 have one comment, Mr. Chairman. I'm new at

19 the game as everybody knows. When I drove

20 by, you know, there is all vacant land.

21 The subdivision is just now being started.

22 And the philosophy here is, you know, we

23 grant variances in cases of hardship. I

24 don't know what the hardship is here yet,

133

 

 

1 in that, you know, there's no homes up for

2 sale yet. And the ordinance written as is,

3 has been good for every other builder so

4 far.

5 MEMBER GRAY: I have a

6 problem with the number of signs requested.

7 I don't have a problem with Sign A or Sign

8 1 -- I'm hoping that they're the same

9 one -- with the lattice on it. I think

10 it's a nice looking sign, and I think that

11 should be adequate. Whether he chooses to

12 put it in by the sales center or if he

13 wants to put it out on West Park Drive,

14 that's his option.

15 As far as the other two

16 signs, people who drive in that area know

17 that these are new homes, and it's

18 excessive to have these signs. And I would

19 certainly hope that people aren't driving

20 40 and 50 miles an hour in a 40 mile an

21 hour zone. I would hope they're not

22 driving more than 40 miles an hour, but

23 that's beside the point.

24 I think the one sign should

134

 

 

1 be adequate, and if something is needed in

2 the future then I think maybe come back and

3 see us and tell us what the hardship is.

4 But having Sign A either at its present

5 location or out at West Park should be

6 adequate.

7 MR. McCOWAN: I believe that

8 when my model is complete I'm allowed to

9 have a 64-square foot sign out in the

10 right-of-way, like the one at Bristol

11 Corners; is that correct?

12 MR. SAVEN: You're talking

13 about a developmental construction sign?

14 MR. McCOWAN: Well, the

15 sign they used to advertise the

16 neighborhood for Jacobson and Triden.

17 MR. SAVEN: You're correct

18 as far as the 64-square foot, but that's

19 for development -- a development sign.

20 Everything that comes on after that, is an

21 additional sign.

22 MR. McCOWAN: Right, but

23 I'm proposing I won't even utilize a

24 64-square foot sign, so I'm actually

135

 

 

1 requesting less than is permitted.

2 MEMBER REINKE: When is he allowed

3 to put that development sign up?

4 MR. SAVEN: That's when the

5 first building permit is issued.

6 MR. McCOWAN: I have two

7 building permits in now. One is for the

8 model and one is for a spec home.

9 MEMBER REINKE: As long as

10 he has a permit, it doesn't make any

11 difference if it's a model or a spec home.

12

13 MR. SAVEN: That's correct.

14

15 MEMBER REINKE: I think

16 this should be tabled until you look at

17 what your options are as to what you can

18 put up under the existing ordinance

19 now, before we start making a variance for

20 additional signs.

21 MR. McCOWAN: What I was

22 suggesting is that I wasn't going to ask

23 for the larger sign, because I don't want

24 to put a sign that size up in a

136

 

 

1 right-of-way.

2 MEMBER REINKE: Well-

3 MEMBER GRAY: It sounds like

4 he's asking for three signs instead of

5 one. I'm not in favor of three signs. I'm

6 in favor of one sign, even if it's not as

7 big as the one he's allowed to have.

8 MEMBER REINKE: But the thing is,

9 if you make a variance for one sign, then

10 he really can have two; correct?

11 MEMBER GRAY: Well, then

12 maybe he has to decide which sign he wants

13 and which size he wants it.

14 MR. McCOWAN: Well, let me

15 propose something. I'd like to leave the

16 model sign up and then just have the

17 sandwich board at the entryway, and I'll

18 dispense with the third sign inside the

19 neighborhood.

20 MEMBER GRONACHAN: Mr.

21 Chairman, I have a question for Mr. Saven.

22

23 Mr. Saven, can you clarify

24 this for me. What can the petitioner have

137

 

 

1 right now upon completion of the model or a

2 spec home?

3 MR. SAVEN: He can have one

4 real estate sign. He can have a

5 construction identification sign of that

6 project, which normally has the architect,

7 the builder, phone numbers, and everything

8 else. Sometimes it gets carried away from

9 a construction identification sign to a

10 real estate sign, basically. And then he's

11 allowed one real estate sign, up to -- what

12 is it -- I think it was six square feet.

13 MR. BAUER: Be what, a

14 model identification?

15 MR. SAVEN: Yes. Something

16 along that line.

17 MEMBER GRONACHAN: So then

18 correct me if I'm wrong. If we grant a

19 variance, then he's actually going to have

20 three signs, because he's allowed a real

21 estate sign, he's allowed a construction

22 sign, and we'll grant him a variance for a

23 third sign.

24 MR. SAVEN: He's got a

138

 

 

1 second real estate sign which you're

2 dealing with, first of all. Secondly,

3 you're dealing with the size of that sign

4 which is over what is required by

5 ordinance.

6 In other words, you're

7 looking at something that could be

8 six-square foot, or you also could be

9 looking at something that could be

10 four-square foot.

11 MEMBER REINKE: Before I'm

12 ready to support this, I want to see an all

13 sign package that's going to go up there,

14 complete with a development sign and

15 everything. Because the way we're going at

16 this, I really don't know what we're going

17 to end up with.

18 MEMBER GRONACHAN:

19 Piecemeal.

20 MR. McCOWAN: I'm not

21 asking to do anything more than what's

22 there. So when the model is complete, my

23 sign program is not changing.

24 MR. SCHULTZ: Just a

139

 

 

1 comment,

2 Mr. Chair.

3 I think it would be an

4 appropriate condition, if the Board were

5 considering granting some relief, to take

6 the petitioner up on the offer and preclude

7 the 64-square foot sign that he would

8 otherwise be entitled to under the

9 ordinance without a variance.

10 I guess the tradeoff here,

11 you would be considering what he's entitled

12 to is one real estate sign and one

13 64-square foot sign. He's offering the

14 package that's before you, and presumably

15 stipulating to a condition that there

16 would be no 64-square foot sign.

17 So I'm not suggesting that

18 you do it, I'm just clarifying that I think

19 if he's offering that stipulation, it

20 would be enforceable, I believe.

21 MEMBER GATT: Mr. Chair, I'd

22 just go back to what I said earlier. I

23 don't see the hardship here yet. He hasn't

24 made a case that we should grant a

140

 

 

1 variance because there's no hardship.

2 We're playing Let's Make a Deal, you do

3 this and we'll do that, but I don't see why

4 we have to do anything right now.

5 MEMBER REINKE: He would be

6 allowed signage that could be on the front

7 of the development, as to what the

8 development is and what's being done. As

9 he puts a model up, he's allowed a model

10 identification sign, and I see no reason

11 for additional signage other than that at

12 this point in time.

13 MEMBER BAUER: I agree.

14 MEMBER GRONACHAN: I

15 agree.

16 MEMBER BAUER: He does not

17 have to go up to 64 square feet. He can

18 put up a 32 square feet, whatever.

19 CHAIRMAN BRENNAN: Well, do

20 you get the gist where we're heading?

21 MR. McCOWAN: I think so.

22 CHAIRMAN BRENNAN: Do you

23 want to modify your request at all?

24 MR. McCOWAN: So if I have

141

 

 

1 one four-square foot sign in the entryway,

2 which I'm actually allowed to have

3 64-square feet, and a model identification

4 sign, that gives me the two signs that I'm

5 allowed to have; is that correct?

6 MR. SAVEN: You're going to

7 have to let me get into the book on this.

8 MEMBER REINKE: Without

9 having what ordinance and everything you're

10 allowed, considering along with what we're

11 looking at granting variances for, I really

12 don't see where the total package is, and

13 that's where I have a problem.

14 MR. McCOWAN: Well, when

15 Maureen came out and measured the sign, she

16 said your sign's over and if you want to

17 keep it, you've got to apply for a

18 variance. So I came in and met Sarah, and

19 we filled out the paperwork and submitted

20 it. And then I was also made aware of the

21 64-square foot sign, which to me isn't

22 something that I want to do because I think

23 it detracts from the entranceway of the

24 neighborhood, and there's all sorts of

142

 

 

1 natural landscaping features and limestone,

2 and there's going to be a nice sandblasted

3 development sign put in there in the

4 future.

5 So I thought that if I had

6 smaller signs, especially ones that were

7 not permanent, like the sandwich board,

8 that might be more appropriate for that

9 development as opposed to, you know, a

10 large sign in the right-of-way. And I

11 thought that was a reasonable compromise.

12 On the second sign in the entryway, I'm

13 willing to give that up, but I'd like to

14 have some sort of directional sign at the

15 entryway, plus the model identification

16 sign. And if you add those up, you know,

17 I think the total is a little over

18 20-square feet between the two signs,

19 which is much less than is permitted.

20 MEMBER REINKE: So you're

21 saying, of these, you could get by with two

22 signs?

23 MR. McCOWAN: The model

24 identification and the red one in the

143

 

 

1 entryway.

2 MEMBER GRONACHAN: So he

3 wants this sign.

4 MEMBER REINKE: Okay.

5 That's Sign A, and then what's the other

6 one that you want?

7 MR. McCOWAN: The red and

8 white directional at the entryway. The

9 sandwich board. Once the

10 model's up, the second one wouldn't be as

11 necessary, because what happens is they

12 drive in Summerlin Drive, and we have to

13 direct them to the right to the sales

14 center. So once the model is up, it's

15 going to be straight in front of the

16 entryway, so I would agree to take that one

17 down.

18 CHAIRMAN BRENNAN: And

19 you're giving up this option or the

20 availability of this construction sign.

21 MR. McCOWAN: The 64-square

22 foot in the entryway, yes, I am.

23 MR. GATT: Okay. It sounds

24 like it might be Let's Make a Deal, but it

144

 

 

1 might be a good deal. I would much rather

2 give up a 64-square foot sign and give this

3 gentleman the two signs today, knowing

4 that's all they're going to have, and get

5 rid of that 64-square foot sign. A

6 64-square foot sign is a big sign. We're

7 dealing with the lesser of two evils here.

8

9 MEMBER REINKE: Okay. So

10 we're saying that we can live with Signs A

11 and C, and you'll give up the 64-square

12 foot development sign.

13 MR. McCOWAN: Correct.

14 CHAIRMAN BRENNAN: There we

15 go.

16 MR. REINKE: Sounds good to

17 me.

18 Mr. Chairman, in Case

19 03-023, I move the petitioner's request be

20 granted for Sign A, and Sign C, as total

21 signage without having the 64-square foot

22 development sign for his development

23 identification.

24 MEMBER GRAY: Second.

145

 

 

1 CHAIRMAN BRENNAN: All

2 right. We have a motion and second. Any

3 discussion?

4 (No discussion by the

5 Board.)

6 CHAIRMAN BRENNAN: Sarah?

7 MS. MARCHIONI: Just so

8 we're clear. Sign A is one, and C is

9 three; correct?

10 MEMBER GRAY: Correct.

11 MR. SCHULTZ: These will be

12 the only two signs. There will be no

13 further signage without

14 coming back to this Board.

15 MEMBER REINKE: Correct.

16 MS. MARCHIONI: Okay.

17 Member Reinke?

18 MEMBER REINKE: Yes.

19 MS. MARCHIONI: Member

20 Gray?

21 MEMBER GRAY: Yes.

22 MS. MARCHIONI: Member

23 Bauer?

24 MEMBER BAUER: Yes.

146

 

 

1 MS. MARCHIONI: Member

2 Brennan?

3 CHAIRMAN BRENNAN: Yes.

4 THE WITNESS: Member Gatt?

5 MEMBER GATT: No.

6 MS. MARCHIONI: Member

7 Gronachan?

8 MEMBER GRONACHAN: Yes.

9 CHAIRMAN BRENNAN: Okay.

10 You have a modified variance request.

11 MR. McCOWAN: Thank you.

12 CHAIRMAN BRENNAN: See the

13 Building Department.

14 OTHER MATTERS

15 CHAIRMAN BRENNAN: We do

16 have other matters before us.

17 We are up for elections, and

18 as Chair I would like to make a motion for

19 the new Chair, and it's based on tenure.

20 The fact that Mr. Bauer has many years, and

21 Mr. Reinke has many years, I've been Chair

22 twice, and I'd like to nominate Cindy

23 Gronachan for Chairman.

24 MEMBER BAUER: Second.

147

 

 

1 CHAIRMAN BRENNAN: We have a

2 motion and a second. All those in favor

3 say aye.

4 MEMBERS: Aye.

5 CHAIRMAN BRENNAN: That was

6 quite overwhelming. Try that again. All

7 those in favor say aye.

8 MEMBERS: Aye.

9 CHAIRMAN BRENNAN: All

10 those -- is that a majority? It sounded

11 like it. Kind of weak, but I think we're

12 just tired.

13 We have the Vice Chair

14 position.

15 MEMBER GRONACHAN: I would

16 like to, Mr. Chair, nominate Sarah Gray for

17 Vice Chair. MEMBER

18 BAUER: Second.

19 CHAIRMAN BRENNAN: Support.

20 All those in favor say aye.

21 MEMBERS: Aye.

22 CHAIRMAN BRENNAN: We have a

23 position -- what is your position?

24 MEMBER GRONACHAN:

148

 

 

1 Secretary. CHAIRMAN

2 BRENNAN: Secretary. Swearing in. Do we

3 have a motion?

4 MEMBER GRONACHAN: Mr.

5 Chair, I would like to nominate Mr. Bauer.

6 He hasn't done any swearing in for a

7 while.

8 MR. BAUER: I haven't swore

9 in a long time.

10 CHAIRMAN BRENNAN: I'll

11 second that motion. All those in favor say

12 aye.

13 MEMBERS: Aye.

14 CHAIRMAN BRENNAN: Very

15 good. The second item has been removed,

16 the On the Border sign.

17 We have a late guest and

18 given we finished, sir, did you want to

19 address us?

20 MR. HOGAN: Actually, no,

21 not tonight. Thank you for the offer.

22 CHAIRMAN BRENNAN: All

23 right. I believe, unless there's other

24 issues, that we've concluded.

149

 

 

1 I'm thrilled that after

2 nearly a year and a half, pushing two

3 years, we've finally got a full board. I

4 thank Chris and Bob for jumping in and

5 being very active immediately, even voting

6 no against the rest of us.

7

8 MEMBER GATT: I didn't see

9 the hardship.

10 CHAIRMAN BRENNAN: That's

11 why you're here.

12 MEMBER REINKE: Mr.

13 Chairman, I'd like to -- I think it's the

14 rest of the Board's and my feeling, but I'd

15 like to express it personally, is to

16 appreciate your outstanding job you did for

17 us in the last year.

18 MEMBERS: Here, here.

19 CHAIRMAN BRENNAN: All

20 right. Thank you. This meeting is

21 adjourned.

22 (The above proceedings

23 ended at 9:45 p.m.)

24 _ _ _

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Date approved:

June 3, 2003 __________________________

Sarah Marchioni Recording Secretary

2

3

4

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8

9

10 I, MAUREEN A. HARAN, do

11 hereby certify that I have recorded

12 stenographically, the proceedings had and

13 the testimony taken in the above-entitled

14 matter, at the time and place hereinbefore

15 set forth; and I do further certify that

16 the foregoing transcript, consisting of one

17 hundred twenty-one (121) pages, is a full,

18 true and correct transcript of my

19 stenographic notes.

20

21

22 ________________________________

23 Maureen A. Haran, C.S.R. 3606

24

151

 

 

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