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View Agenda for this meeting
REGULAR MEETING - ZONING BOARD OF APPEALS Proceedings had and Testimony taken in the matter of the ZONING BOARD OF APPEALS, at City of Novi, 45175 West Ten Mile Road, Novi, Michigan, on Tuesday, December 13, 2011 BOARD MEMBERS ALSO PRESENT: REPORTED BY: Jennifer L. Wall, Certified Shorthand Reporter 1 Novi, Michigan. 2 Tuesday, December 13, 2011 3 7:00 p.m. 4 ** ** ** 5 CHAIRMAN GHANNAM: Good evening, 6 everyone. Welcome to the Novi Zoning Board 7 of Appeals December 13, 2011 meeting. If we 8 can first start by saying the pledge of 9 allegiance. If Member Krieger could start 10 us. 11 (The Pledge of Allegiance was recited.) 12 CHAIRMAN GHANNAM: Thank you. 13 Ms. Pawlowski, can you please call the roll. 14 MS. PAWLOWSKI: Member Gedeon? 15 MR. GEDEON: Here. 16 MS. PAWLOWSKI: Member Gerblick? 17 MR. GERBLICK: Here. 18 MS. PAWLOWSKI: Chairman Ghannam? 19 CHAIRMAN GHANNAM: Here. 20 MS. PAWLOWSKI: Member Ibe is 21 absent, excused. 22 Member Krieger? 23 MS. KRIEGER: Here. 24 MS. PAWLOWSKI: Member Sanghvi? 25 MR. SANGHVI: Here.
4 1 MS. PAWLOWSKI: Member Skelcy? 2 MS. SKELCY: Here. 3 CHAIRMAN GHANNAM: Thank you. 4 I'll go over a few of the rules for the 5 public hearing and format. There is some 6 rules in the back if you want to help 7 yourself. 8 Please turn off all pagers and 9 cellphones during our meeting. Applicants 10 will be asked to approach the Board, state 11 their name and addresses and be sworn by our 12 secretary. They will be allowed five minutes 13 to address the Board, present their case and 14 extensions are granted at the discretion of 15 the chair. 16 Public can also make comments 17 during each of these cases. First on our 18 agenda is the approval of the agenda. 19 Are there any modifications or 20 additions to the agenda? 21 MS. PAWLOWSKI: No. 22 CHAIRMAN GHANNAM: Seeing none, 23 I'll entertain a motion to approve the 24 agenda. 25 MR. SANGHVI: So moved.
5 1 MS. KRIEGER: Second. 2 CHAIRMAN GHANNAM: Seeing a 3 motion and a second, all in favor say aye. 4 THE BOARD: Aye. 5 CHAIRMAN GHANNAM: Any opposed? 6 Seeing none, our agenda is approved. 7 Next we will go to the approval 8 of the minutes. We will start with the 9 October 11th, 2011 minutes. Are there any 10 corrections or modifications to that? 11 Seeing none, I will entertain a 12 motion to approve the October 11th minutes. 13 MR. SANGHVI: So moved. 14 MS. KRIEGER: Second. 15 CHAIRMAN GHANNAM: Seeing a 16 motion and a second, all in favor say aye. 17 THE BOARD: Aye. 18 CHAIRMAN GHANNAM: Any opposed? 19 Seeing none, our October 11th, 2011 minutes 20 are approved. 21 And we will move to the approval 22 of the November 1st, 2011 minutes. Are there 23 any comments or additions to modifications? 24 MR. SANGHVI: Yes. 25 CHAIRMAN GHANNAM: Member
6 1 Sanghvi? 2 MR. SANGHVI: Couple of 3 corrections in this. One of them is on page 4 23, line 12, I did not second that motion. I 5 opposed it. So I think my name is in error 6 there. I don't remember who actually 7 seconded it. That's one. 8 CHAIRMAN GHANNAM: Does nobody 9 know who seconded that motion on page 23? 10 Seeing none, does that make a huge 11 difference? 12 MR. BOULARD: You can just pick 13 someone. 14 CHAIRMAN GHANNAM: Just pick 15 someone right now. Anybody would like to 16 substitute their names for Member Sanghvi to 17 second that motion on page 23, line 12. 18 MR. GERBLICK: I will second it. 19 CHAIRMAN GHANNAM: Thank you. 20 Any other corrections, Member Sanghvi? 21 MR. SANGHVI: Yeah, page 33, line 22 seven. Instead of what is doing, it should 23 read due to. And on line 11, the word 24 problem should added. 25 CHAIRMAN GHANNAM: That's on page
7 1 33 also? 2 MR. SANGHVI: No -- yeah, page 3 33. And one more on page 41. Some words are 4 typed out twice, so they need to be deleted 5 on line seven. Thank you. 6 CHAIRMAN GHANNAM: Okay. Any 7 other corrections or modifications? 8 So I will entertain a motion to 9 approve the November 1st, 2011 minutes as 10 modified. 11 MR. SANGHVI: So moved. 12 MS. KRIEGER: Second. 13 CHAIRMAN GHANNAM: Seeing a 14 motion and a second, all in favor say aye. 15 THE BOARD: Aye. 16 CHAIRMAN GHANNAM: Any opposed? 17 Seeing none, our November 1st minutes are 18 approved. 19 We will now ask that if there is 20 anybody in the public who wishes to address 21 the Board on a matter that is not before us 22 tonight, please raise your hand and be 23 recognized. 24 Seeing none, I will close the 25 public remarks section and then move to our
8 1 first case. Which is Case Number -- Item 2 Number One, Case Number 11-042, for 200 3 New Court. Would the applicant please step 4 forward and come to our podium. 5 Sir, please state your name and 6 address. 7 MR. HAINBUCHNER: My name is 8 Patrick Hainbuchner. The address is 200 9 New Court. 10 CHAIRMAN GHANNAM: You're the 11 applicant, correct? 12 THE WITNESS: Yes. 13 CHAIRMAN GHANNAM: Please raise 14 your hand and be sworn by our secretary. 15 MS. SKELCY: Do you swear or 16 affirm to tell the truth? 17 MR. HAINBUCHNER: Yes. 18 CHAIRMAN GHANNAM: Please 19 proceed, sir. 20 MR. HAINBUCHNER: First of all, I 21 want to thank you all for coming tonight and 22 taking your time for us -- or me. And I want 23 to apologize because this is the second time 24 I take your time. Last year I was here and I 25 got approved for my request, but it's just
9 1 expired and I didn't know that. So as soon 2 as I filed for my permit, I find out that my 3 approval expired already, so I had to do -- 4 to file again. 5 So my request is I intend to 6 build an attached garage to the house, the 7 northwest side of the house, attached garage. 8 And my request is to allow me to go another 9 six feet towards the neighbor, the west 10 side -- neighbor's backyard actually. And in 11 order to put 22, 21 feet of garage, because 12 otherwise we will be too close to the 13 entrance of the house, and it will block the 14 windows. 15 So while I have already the 16 driveway, asphalt there, so that's the only 17 place where I can put garage with the house. 18 So my request is to go another 19 six feet towards my neighbor backyard. So 20 the backyard that's empty, there is no house 21 there. It's -- actually, everybody knew 22 before I search with -- to find out my 23 property line, my neighbor told me that my 24 property line is 30 feet from my house, but I 25 want to find out exactly where my property
10 1 line is, to be okay with everything. So when 2 I pay the surveyor, they find out it is just 3 10 feet, not where the trees are, we have big 4 trees there for, I don't know, for long, long 5 time. Actually, it's the backyard, that we 6 take care of with the grass everything, but 7 that's a different story. 8 So my request is to just allow me 9 to go six feet towards my neighbor. 10 CHAIRMAN GHANNAM: Okay. Thank 11 you, sir. 12 Is there anybody in the public 13 who would like to make a comment on this 14 particular case? 15 Seeing none, I will close the 16 public remarks section and ask our secretary 17 to read any correspondence. 18 MS. SKELCY: There were 32 19 notices mailed, one was returned by the post 20 office and no responses. 21 CHAIRMAN GHANNAM: Any comments 22 or issues with the City? 23 MR. BOULARD: Just a couple 24 points of clarification, if I could. When 25 the variance was originally approved in June
11 1 of 2010, previously, it was for the garage 2 addition. If you -- and if you go to the 3 fifth and sixth pages, the first two that are 4 drawings out of the packet, it shows what was 5 presented at that time, that was what was 6 presented when the variance was requested, 7 and so that's what was advertised was for the 8 garage. And that's what you see as the 9 language on the agenda tonight. 10 The language that's included on 11 the staff report and the write-up, talks 12 about an addition also. We go to pages seven 13 and eight of the packet, I apologize for the 14 changes in orientation. The applicant has -- 15 in the plans that he submitted for the 16 building, has included an addition to the 17 edge of the house behind the garage. It does 18 not -- you will see the drawing on page 19 eight, or the second to last page shows that 20 extended back. 21 I took the initiative to talk to 22 Beth Kudla who confirmed that the notice that 23 was provided in the paper was sufficient, so 24 the request before you is for the garage and 25 the addition extending back along the side of
12 1 the house. 2 So if there is any other 3 questions, I'd be happy to answer those. 4 CHAIRMAN GHANNAM: I will open it 5 up to the Board for discussion. Member 6 Sanghvi? 7 MR. SANGHVI: Thank you. Couple 8 of questions. How many trees are you likely 9 to cut in front there before you can -- 10 MR. HAINBUCHNER: I don't have to 11 cut. 12 MR. SANGHVI: You don't have to 13 cut anything. 14 MR. HAINBUCHNER: No. 15 MR. SANGHVI: That's good. 16 MR. HAINBUCHNER: It's already 17 the driveway there. 18 MR. SANGHVI: Number two, what is 19 the structure on the east side? 20 MR. HAINBUCHNER: That's a shed. 21 That will stay. It's a shed, but the 22 elevation is much lower, so in order to put a 23 garage there, so I have to -- it's very 24 expensive. 25 MR. SANGHVI: Thank you. I have
13 1 no problem supporting his application. Thank 2 you. 3 CHAIRMAN GHANNAM: Anybody else 4 have any questions or comments? Member 5 Skelcy? 6 MS. SKELCY: So does the -- I 7 mean, he only needs a ten minimum yard 8 setback, and the house looks like -- the 9 addition to the house is at least 11.2, so we 10 don't really need a side yard setback for the 11 house, do we? 12 MR. BOULARD: Well, which -- 13 MS. SKELCY: I was looking at 14 this drawing. 15 MR. BOULARD: That's what was in 16 the previous variance. 17 MS. SKELCY: Okay. 18 MR. BOULARD: That's what was 19 submitted with the variance request, but the 20 home, the addition for the home is actually 21 the next two pages and you will see that it 22 extends back along behind the garage along 23 the end of the house. 24 MS. SKELCY: So with regard to 25 the minimum side yard setback, if we grant
14 1 the variance of 4.8 feet, that would include 2 not only the garage, but the home as well? 3 MR. BOULARD: Yes. 4 MS. SKELCY: Thank you. 5 CHAIRMAN GHANNAM: While 6 everybody else is thinking, couple questions, 7 sir. What was the purpose of the delay in 8 building your garage? 9 MR. HAINBUCHNER: The financial, 10 the funds. I was suspecting to do this last 11 year. 12 CHAIRMAN GHANNAM: I understand 13 that. What is your intent now if the Board 14 grants your request? How soon will you -- 15 MR. HAINBUCHNER: Next -- I 16 already submit for building permit, and then 17 as soon as I got approval, I will start right 18 away. 19 CHAIRMAN GHANNAM: In the 20 springtime you're thinking? 21 MR. HAINBUCHNER: Yes, 22 absolutely. 23 CHAIRMAN GHANNAM: I don't have 24 any other questions. Anybody else have any 25 questions or comments?
15 1 If there are none, I will 2 entertain a motion. Member Skelcy? 3 MS. SKELCY: In the Case of 4 11-042 for the address of 200 New Court, 5 C-o-u-r-t, I move that we grant the proposed 6 variance for the minimum side yard setback so 7 that the variance would be -- so that the 8 side yard setback would be 5.2 feet instead 9 of the required 10 feet, giving them a 10 variance of 4.8 feet. 11 I move this because there are 12 unique circumstances and physical conditions 13 of the property, such as narrowness, 14 shallowness, shape, water, topography and 15 similar physical conditions, and the need for 16 the variance is not due to the applicant's 17 personal or economic difficulty. 18 In fact, he indicated that he has 19 to put the garage on that side of the house 20 because that is where the asphalt driveway is 21 located. The need is not self-created. 22 Strict compliance with regulations governing 23 area setback, frontage, height, bulk, density 24 and other dimensional requirements will 25 unreasonably prevent this property owner from
16 1 using the property for a permitted purpose 2 and will render conformity with those 3 regulations unnecessarily burdensome. 4 The requested variance is the 5 minimum variance necessary to do substantial 6 justice to the applicant, as well as to other 7 property owners in the district. 8 The requested variance will not 9 cause an adverse impact on surrounding 10 property, property values or the use and 11 enjoyment of the property in the neighborhood 12 or zoning district. In fact, it may increase 13 the property values because this is an 14 improvement to the home. 15 MR. SANGHVI: Second. 16 CHAIRMAN GHANNAM: Now we have a 17 motion and a second. Any further discussion? 18 Seeing none, Ms. Pawlowski, can 19 you please call the roll. 20 MS. PAWLOWSKI: Member Gedeon? 21 MR. GEDEON: Yes. 22 MS. PAWLOWSKI: Member Gerblick? 23 MR. GERBLICK: Yes. 24 MS. PAWLOWSKI: Chairman Ghannam? 25 CHAIRMAN GHANNAM: Yes.
17 1 MS. PAWLOWSKI: Member Krieger? 2 MS. KRIEGER: Yes. 3 MS. PAWLOWSKI: Member Sanghvi? 4 MR. SANGHVI: Yes. 5 MS. PAWLOWSKI: Member Skelcy? 6 MS. SKELCY: Yes. 7 MS. PAWLOWSKI: Motion passes six 8 to zero. 9 CHAIRMAN GHANNAM: Congratulations 10 sir. 11 MR. HAINBUCHNER: Thank you very 12 much. 13 CHAIRMAN GHANNAM: That is the 14 end of our case. Are there any other matters 15 to be brought before the Board? 16 MS. KRIEGER: I would like to 17 mention I saw in our Michigan Planner, our 18 Beth Kudla and our Councilman Andrew Much on 19 the front pages. Kudos to them. Thank you. 20 CHAIRMAN GHANNAM: Anything else? 21 Seeing none, I will entertain a motion to 22 adjourn. 23 MR. SANGHVI: So moved. 24 MS. SKELCY: Second. 25 CHAIRMAN GHANNAM: All in favor
18 1 say aye. 2 THE BOARD: Aye. 3 CHAIRMAN GHANNAM: Any opposed? 4 Seeing none, we are adjourned. 5 (The hearing was adjourned at 7:15 p.m.) 6 ** ** ** 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
19 1 STATE OF MICHIGAN ) 2 ) ss. 3 COUNTY OF OAKLAND ) 4 I, Jennifer L. Wall, Notary Public within and for 5 the County of Oakland, State of Michigan, do hereby certify 6 that the hearing was taken before me in the above entitled 7 matter was by me duly sworn at the aforementioned time and 8 place; that the proceedings were stenographically recorded. 9 I further certify that I am not connected by blood 10 or marriage with any of the parties or their attorneys, and 11 that I am not an employee of either of them, nor financially 12 interested in the action. 13 IN WITNESS THEREOF, I have hereunto set my hand at 14 the City of Walled Lake, County of Oakland, State of 15 Michigan. 16 17 18 ________________ _________________________ Date Jennifer L. Wall CSR-4183 19 Oakland County, Michigan My Commission Expires 11/12/15 20 21 22 23 24 25
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