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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, August 14, 2012 BOARD MEMBERS ALSO PRESENT: REPORTED BY: 1 Novi, Michigan. 2 Tuesday, August 14, 2012 3 7:00 p.m. 4 ** ** ** 5 VICE CHAIR SKELCY: Welcome 6 everyone to the Tuesday, August 14, 2012 7 Zoning Board of Appeals meeting. 8 We are going to begin with the 9 Pledge of Allegiance, and I'd like to ask 10 Member Krieger to lead us in the Pledge. 11 (Pledge of Allegiance recited.) 12 VICE CHAIR SKELCY: I will go over 13 a few rules for how we handle the meeting 14 tonight. There is an agenda in the back, if 15 you didn't receive one, so you can see in 16 what order your case will be called. 17 I'm going to ask that you turn 18 off your cellphones and your pagers. When 19 your case is called, please go up to the 20 podium, here at the right, and say your name, 21 and spell your name so that the court 22 reporter can have it typed in properly for 23 the record. 24 Each applicant will have five 25 minutes to make a presentation, and then
4 1 after that, the public will be asked for 2 comments. 3 Then it will up to the Board 4 to have a discussion, ask questions of you. 5 Ms. Pawlowski, can you please 6 take the roll. 7 MS. PAWLOWSKI: Member Gedeon? 8 MR. GEDEON: Here. 9 MS. PAWLOWSKI: Member Gerblick? 10 MR. GERBLICK: Here. 11 MS. PAWLOWSKI: Member Ghannam? 12 MR. GHANNAM: Here. 13 MS. PAWLOWSKI: Chairman Ibe is 14 absent, excused. 15 Member Krieger? 16 MS. KRIEGER: Here. 17 MS. PAWLOWSKI: Member Sanghvi? 18 MR. SANGHVI: Here. 19 MS. PAWLOWSKI: Member Skelcy? 20 VICE CHAIR SKELCY: Here. 21 MS. PAWLOWSKI: Member Ferrell? 22 MR. FERRELL: Here. 23 VICE CHAIR SKELCY: Now I'd like to 24 ask if there are any changes to the agenda 25 for this evening?
5 1 MS. PAWLOWSKI: Yes, there are. 2 Case No. 12-031, 43700 Expo Center, they have 3 asked to be tabled until the September 11th 4 meeting. 5 VICE CHAIR SKELCY: Do we need to 6 do a motion now or later for that? 7 MS. SAARELA: If you're going to do 8 a motion, you can do it now. 9 VICE CHAIR SKELCY: All right. I 10 will entertain a motion. 11 MR. GHANNAM: I will move to 12 adjourn that particular case to the next 13 meeting in September. 14 MR. GERBLICK: Second. 15 VICE CHAIR SKELCY: Having heard 16 that motion and the second, all in favor say 17 aye. 18 THE BOARD: Aye. 19 VICE CHAIR SKELCY: All those 20 opposed? 21 (None opposed.) 22 VICE CHAIR SKELCY: The motion 23 carries. 24 We have the prior minutes from 25 July 10th, and are there any changes to
6 1 those? 2 MR. GHANNAM: Are there any other 3 changes to the agenda, because if not, I'll 4 move to approve the agenda. 5 If there is none, I'll move to 6 approve the agenda as amended. 7 MR. SANGHVI: Second. 8 VICE CHAIR SKELCY: Having a motion 9 and a second, all those in favor? 10 THE BOARD: Aye. 11 VICE CHAIR SKELCY: Those opposed? 12 (None opposed.) 13 VICE CHAIR SKELCY: Okay, motion 14 carries. 15 And are there any changes to 16 the prior minutes from July 10th of 2012? 17 Mr. Boulard? 18 MR. BOULARD: Just a couple 19 changes. Page seven line 18, it says 20 Mr. Phillips, I believe that should be 21 Mr. Valenti. 22 And page 46, line 16 -- 23 actually line 15, line 16 as mentioned in the 24 staff report. Thank you. 25 VICE CHAIR SKELCY: Any other
7 1 changes, Mr. Sanghvi? 2 MR. SANGHVI: Page 56, line 16, the 3 correction of the spelling of the name it 4 should read (inaudible). 5 VICE CHAIR SKELCY: I'm afraid the 6 court reporter could not hear you. 7 MR. SANGHVI: Try again. Can you 8 hear me now? 9 (Affirmative response from the court reporter.) 10 MR. SANGHVI: We need to change the 11 name, spelling, replace the N which is there 12 on the page -- line 16 there on the page 56. 13 VICE CHAIR SKELCY: Any other 14 changes? 15 (No responses.) 16 VICE CHAIR SKELCY: I'll entertain 17 a motion to approve the minutes. 18 MR. GHANNAM: So moved. 19 MR. SANGHVI: Second. 20 VICE CHAIR SKELCY: Having heard a 21 motion and a second, all those in favor say 22 aye. 23 THE BOARD: Aye. 24 VICE CHAIR SKELCY: Those opposed? 25 (No responses.)
8 1 VICE CHAIR SKELCY: The motion 2 carries. 3 At this time, we will invite 4 any public remarks from the audience that do 5 not pertain to any of the cases that are on 6 the schedule for tonight. 7 Are there any audience members 8 that would like to make any public comments? 9 (No responses.) 10 VICE CHAIR SKELCY: Seeing none, we 11 will now move onto our first case. 12 Calling Case No. 12-031 at the 13 address of 44275 Twelve Mile Road. 14 Please state your name. If 15 you are not a lawyer, you have to be sworn in 16 by the secretary and make sure you spell your 17 name for the court reporter. 18 MR. DIFFIN: Matt Diffin, M-a-t-t, 19 D-i-f-f-i-n. I'm with Diffin Umlor 20 Associates, a civil engineering consultant, 21 representing Spiegel Properties and Sun 22 Valley, LTD the owners. 23 VICE CHAIR SKELCY: Can you please 24 be sworn by the secretary. 25 MR. DIFFIN: Yes.
9 1 MS. KRIEGER: In Case No. 12-021, 2 on 44275 Twelve Mile Road, do you swear to 3 tell the truth? 4 MR. DIFFIN: I do. 5 MS. KRIEGER: Thank you. 6 VICE CHAIR SKELCY: You may 7 proceed. 8 MR. DIFFIN: The existing Fountain 9 Walk development project is located -- turn 10 it this way, north would be up -- north would 11 actually be up. Twelve Mile Road would be at 12 the top, I-96 would be towards the bottom. 13 The property is surrounded by 14 public roadways on all four sides. The 15 zoning regulations basically state that we 16 need to provide the proposed dumpster and 17 unloading area in the rear yard, but because 18 there is four roadways abutting the property, 19 there is no rear yard. 20 So that's our hardship. It's 21 pretty cut and dry as far as that goes. 22 We are proposing to develop a 23 new parking area in the 57,000 square foot 24 retail area in the center of the property. 25 We are proposing to have an
10 1 unloading area at the rear of our building. 2 And the dumpster is at the rear of the 3 proposed building, that would abut up against 4 the existing unloading areas for like Dick's 5 Sporting Goods. This is Chuck E. Cheese over 6 here (indicating), all their dumpsters and 7 unloading areas are in that rear area now. 8 So we will just have our 9 unloading area and dumpster abutting up 10 against the existing -- we are way over 300 11 some feet from our property lines. 12 There is no residential 13 development that abut this property or 14 anything of that nature. So it really 15 doesn't effect anybody other than our 16 property. 17 If there is any questions, 18 I'll be happy to answer them. 19 VICE CHAIR SKELCY: Thank you. I 20 will ask if there are any public comments on 21 this particular case? 22 (No responses.) 23 VICE CHAIR SKELCY: Seeing none, 24 I'll move onto the city. Any comments from 25 the city or the city attorney?
11 1 MS. SAARELA: No. 2 MR. BOULARD: Just a point of 3 reference. This -- accompanying the request 4 is a report from the planners, and you will 5 note that the -- based on the approval of the 6 site plan, that the planners -- in review 7 that the planners support both these 8 variances, as the property is unique and the 9 situation is most appropriate to get those 10 areas tucked in that back corner. Thank you. 11 VICE CHAIR SKELCY: Thank you. I 12 will ask Madam Secretary to read into the 13 record any comments. 14 MS. KRIEGER: In Case No. 12-021, 15 31 were mailed, zero returns, no responses. 16 VICE CHAIR SKELCY: I will now open 17 it up to the Board. Are there any questions 18 or comments? 19 Member Sanghvi? 20 MR. SANGHVI: Thank you. I think 21 it is pretty obvious they don't have any rear 22 yard, so there is no way they can comply with 23 the ordinance. They obviously need this 24 variance approved before they can build, and 25 I have no problem with it.
12 1 VICE CHAIR SKELCY: Thank you. Any 2 other comments? Member Krieger? 3 MS. KRIEGER: I also see that 4 because they have no rear yard, but I did 5 have a question. 6 Do you have a tenant proposed 7 for this area already? 8 MR. DIFFIN: Well, the parking 9 area, we are proposing to start construction 10 as soon as we can this fall. It's more of a 11 convenience for parking. There is a lot of 12 smaller tenants in the existing buildings to 13 the south, that they won't sign leases until 14 they get parking directly adjoining those 15 building pads. We want to get the parking 16 built first, and we will -- they're working 17 on getting new tenants both for the vacancies 18 they have there as well as the new building, 19 but they're not proposing to build the new 20 building until either later in the spring or 21 next year. 22 MS. KRIEGER: Thank you. 23 VICE CHAIR SKELCY: Thank you, 24 Member Krieger. 25 Any other comments, discussion
13 1 points? 2 I will now entertain a motion. 3 Member Gedeon? 4 MR. GEDEON: In Case 12-021, 44275 5 Twelve Mile Road, I move to approve both 6 variances as requested because there are 7 unique circumstances or physical conditions 8 of the property. Specifically the property 9 is bounded on all four sides by roads. So 10 there is no clear area for a rear yard. 11 The need is not self-created, 12 strict compliance with regulations will 13 unreasonably prevent the property owner from 14 using the property for permitted purpose, or 15 will render conformity with those regulations 16 unnecessarily burdensome. 17 The requested variance is the 18 minimum variance necessary to do substantial 19 justice to the applicant as well as to other 20 property owners in the district. 21 As was noted by the applicant, 22 the proposed location for the rear -- for the 23 loading area and dumpster area, will 24 correspond with the adjacent properties. 25 The requested variance will
14 1 not cause an adverse impact on surrounding 2 property, property values or the use and 3 enjoyment of the property in the neighborhood 4 of zoning district. 5 MS. KRIEGER: Second. 6 VICE CHAIR SKELCY: We have a 7 motion and a second. 8 Any further discussion by the 9 Board? 10 (No responses.) 11 Mr. Pawlowski, will you please 12 call the roll. 13 MS. PAWLOWSKI: Member Gedeon? 14 MR. GEDEON: Yes. 15 MS. PAWLOWSKI: Member Gerblick? 16 MR. GERBLICK: Yes. 17 MS. PAWLOWSKI: Member Ghannam? 18 MR. GHANNAM: Yes. 19 MS. PAWLOWSKI: Member Krieger? 20 MS. KRIEGER: Yes. 21 MS. PAWLOWSKI: Member Sanghvi? 22 MR. SANGHVI: Yes. 23 MS. PAWLOWSKI: Member Skelcy? 24 VICE CHAIR SKELCY: Yes. 25 MS. PAWLOWSKI: Member Ferrell?
15 1 MR. FERRELL: Yes. 2 MS. PAWLOWSKI: Motion passes seven 3 to zero. 4 MR. DIFFIN: Thank you for your 5 time. 6 VICE CHAIR SKELCY: Thank you. 7 The second item on the agenda 8 has been moved. 9 We will move now to Case No. 10 3, which is No. 12-032, with the address of 11 24926 Bloomfield Court. 12 Would the applicant please 13 come to the podium, state your name and your 14 address and spell your name for the court 15 reporter. 16 MR. MUNDT: I'm John Mundt, 17 representing Singh Homes. First name is 18 J-o-h-n, last name is M-u-n-d, as in David, 19 t, as in Tom. 20 VICE CHAIR SKELCY: Please be 21 sworn, if you're not a lawyer. 22 MS. KRIEGER: In Case No. 12-032, 23 address 24926 Bloomfield Court, do you swear 24 to tell the truth in this case? 25 MR. MUNDT: I do.
16 1 MS. KRIEGER: Thank you. 2 MR. MUNDT: Next to me I have 3 Mr. Ben Sandhu. After being a resident here 4 in Novi for nearly 20 years, Mr. Sandhu has 5 approached Singh Homes to design and build 6 him a home that would accommodate his needs 7 in the forthcoming years. He is now retired, 8 empty-nester and he has concerns with limited 9 mobility in the near future. 10 Due to that, the home that we 11 designed for Mr. Sandhu, incorporates all the 12 amenities that him and his wife would need in 13 future years on the main floor of the home. 14 This resulted in a rather 15 large footprint, which exceed the setbacks 16 set forth in the city ordinance. 17 There are a couple of special 18 circumstances with this lot, as you can see 19 in the plot plan, and in the aerial map 20 provided. The home sits at a rather large 21 distance off from Bloomfield Court compared 22 to neighboring homes. 23 Also the two sides of the home 24 that exceed the setbacks, set forth, abut, to 25 protect the woodlands and wetlands.
17 1 So, you know, basically if the 2 variance is granted, the home really wouldn't 3 effect any future builds or current 4 neighbors. 5 Also I'm not sure if you have 6 it in your packet or not, but just being 7 concerned with the surrounding neighbors, 8 Mr. Sandhu met with the neighbors on each 9 side of the lot, and went over the plans and 10 addressed their concerns, and they actually 11 provided letters addressed to the ZBA 12 acknowledging that they're okay with what we 13 are proposing. 14 VICE CHAIR SKELCY: Are you done? 15 MR. MUNDT: Yep. 16 VICE CHAIR SKELCY: We will now ask 17 if there is any comments from anyone in the 18 audience regarding this matter? 19 (No responses.) 20 VICE CHAIR SKELCY: Seeing none, we 21 will now move onto the city, Mr. Boulard, and 22 the city attorney? 23 MS. SAARELA: I have nothing. 24 MR. BOULARD: Nothing to add beyond 25 the staff report. Be happy to stand by for
18 1 questions. 2 VICE CHAIR SKELCY: Madam 3 Secretary, can you read the comments. 4 MS. KRIEGER: Yep. In Case. No. 5 12-032, 15 were mailed, returned mail, zero, 6 approvals, three rejections, zero. 7 The first one is "Dear Sirs 8 and Madams, I recently met representatives 9 from Singh Homes and my future neighbor 10 Ben Sandhu to go over plans for the proposed 11 residence to be built on the vacant lot 12 next-door to my home. During the meeting it 13 was brought to my attention that a variance 14 has been applied for so that the proposed 15 home could exceed the rear and side setbacks 16 of the neighboring lot. After seeing that 17 neither setback abuts to my lot, I wanted to 18 make ZBA aware that I do not have any issues 19 with the proposed home exceeding the 20 boundaries stated in Novi's code of 21 ordinances. Sincerely, Bev R. Desai." 22 The second one is, "Dear Sirs 23 and Madams, recently I met with Ben Sandhu, 24 who is getting a home built by Singh Homes 25 adjacent to the woodlands and wetlands next
19 1 to my home. After looking at the plans of 2 the proposed residence, I see that the 3 proposed home exceeds the rear and side 4 setbacks of the lot. I want the Zoning Board 5 to be aware that I have no issues with the 6 proposed home. Thank you -- I can't read the 7 first one -- I can't read the first -- 8 Venkat P-i-s-i-p-a-t-i." 9 Then the, third one is circled 10 approval. And it's signed Jimmy Cranford, 11 Jr., and he's on Bloomfield Court as well. 12 Thank you. 13 VICE CHAIR SKELCY: Thank you. I 14 will now open it up to the Board for 15 discussion. Member Ghannam? 16 MR. GHANNAM: Thank you. 17 I reviewed the application, 18 sir. I do agree, this is a very unique lot 19 in terms of the way it's situated and it only 20 makes sense, based on what you need to grant 21 the variance. I have no problem with it. 22 Thank you. 23 VICE CHAIR SKELCY: Thank you. 24 Member Sanghvi? 25 MR. SANGHVI: I just had a
20 1 question. There are no wetland at woodland 2 problem with this lot, no? 3 MR. BOULARD: There are wetlands 4 and woodlands that were addressed as part of 5 the development of the neighborhood as a 6 whole. 7 If there are trees that need 8 to be removed on the lot, those will be dealt 9 with in that review process, but beyond that, 10 there should not -- I am not aware of any 11 issues. 12 MR. SANGHVI: I have no problem 13 with approving their variance request. Thank 14 you. 15 VICE CHAIR SKELCY: Thank you, 16 Member Sanghvi. 17 Any other comments or 18 questions? 19 (No responses.) 20 VICE CHAIR SKELCY: Seeing none, I 21 will entertain a motion. Mr. Gerblick, thank 22 you. 23 MR. GERBLICK: I move that we grant 24 the variance as requested in Case No. 12-032, 25 24926 Bloomfield Court. The variance has
21 1 unique circumstances or physical conditions. 2 The property has lots of very narrow, abutted 3 on all sides by woodlands and wetlands. 4 The need is not self-created, 5 and strict compliance with regulations 6 governing the area setback will unreasonably 7 prevent the property owner from using the 8 property for it's permitted purpose. 9 The requested variance is the 10 minimum variance necessary to do substantial 11 justice to the applicant and the requested 12 variance will not cause an adverse impact on 13 the surrounding property. 14 MR. GHANNAM: Second. 15 VICE CHAIR SKELCY: Seeing a motion 16 and a second, is there any further discussion 17 or questions by the Board? 18 (No responses.) 19 VICE CHAIR SKELCY: Seeing none, 20 I'll ask Ms. Pawlowski to please call the 21 roll. 22 MS. PAWLOWSKI: Member Gedeon? 23 MR. GEDEON: Yes. 24 MS. PAWLOWSKI: Member Gerblick? 25 MR. GERBLICK: Yes.
22 1 MS. PAWLOWSKI: Member Ghannam? 2 MR. GHANNAM: Yes. 3 MS. PAWLOWSKI: Member Krieger? 4 MS. KRIEGER: Yes. 5 MS. PAWLOWSKI: Member Sanghvi? 6 MR. SANGHVI: Yes. 7 MS. PAWLOWSKI: Member Skelcy? 8 VICE CHAIR SKELCY: Yes. 9 MS. PAWLOWSKI: Member Ferrell? 10 MR. FERRELL: Yes. 11 MS. PAWLOWSKI: Motion passes seven 12 to zero. 13 MR. MUNDT: Thank you very much. 14 VICE CHAIR SKELCY: Congratulations. 15 We will now call the next 16 case, which is 12-033, with the address of 17 21937 Meridian Lane, ask the applicant to 18 please go to the podium. 19 Please state your name, your 20 address and spell your name for the court 21 reporter. Then I will ask you to be sworn in 22 by our secretary. 23 MR. ROBSON: My name is Neal 24 Robson, N-e-a-l, R-o-b-s-o-n. 25 MR. HULETT: My name is Gail
23 1 Hulett, G-a-i-l, H-u-l-e-t-t. I'm the owner 2 of the property. 3 MR. ROBSON: I'm the building 4 contractor. 5 VICE CHAIR SKELCY: Thank you. 6 Will you please be sworn by the secretary. 7 MS. KRIEGER: In Case No. 12-033, 8 for 21937 Meridian Lane, do you both swear to 9 tell the truth in this case? 10 MR. HULETT: Yes. 11 MR. ROBSON: Yes. 12 MS. KRIEGER: Thank you. 13 VICE CHAIR SKELCY: Thank you. You 14 may now proceed. 15 MR. HULETT: What is in back of the 16 house now is a deck that is built up on 17 posts. It's very unsightly, and it's not too 18 sanitary. 19 What I plan on putting back 20 there is a brick screened-in porch, covered 21 to the roof, and I need this, for one thing 22 is that I get skin cancer, and I like to sit 23 out in the backyard. And to sit out in the 24 backyard, other than when the sun goes down, 25 I just can't sit out there. I really need
24 1 the screened-in porch. 2 VICE CHAIR SKELCY: Any other 3 comments? 4 MR. ROBSON: We're just encroaching 5 the 35-foot required setback by seven feet. 6 And the lot coverage is 2 percent over the 7 maximum 25 percent, so that's what we are 8 asking for. 9 VICE CHAIR SKELCY: All right, 10 thank you. Let me now open it up for public 11 comments. Anyone in the audience care to 12 come up to the podium and make any comments? 13 (No responses.) 14 VICE CHAIR SKELCY: Seeing none, 15 I'll now open this up to -- ask Madam 16 Secretary to read any comments into the 17 record. 18 MS. KRIEGER: In Case. No. 12-033, 19 39 were mailed, returned zero, responses, 20 none. 21 VICE CHAIR SKELCY: Thank you. 22 I'll now open it up to the Board. I'm sorry, 23 city comments. Thank you. 24 MS. SAARELA: I have none. 25 MR. BOULARD: Just one. Note the
25 1 Turtle Creek homeowners association has seen 2 the plans and approved them and that letter 3 is in your packet. Thank you. 4 VICE CHAIR SKELCY: Thank you. 5 Now, would the Board have any comments or 6 questions for applicant? Member Sanghvi? 7 MR. SANGHVI: Thank you. Who lives 8 exactly behind you? There is very little 9 room within the back plot and your plot. Who 10 is your neighbor right behind you? Have you 11 talked to them? 12 MR. HULETT: I have not talked to 13 those people. 14 MR. SANGHVI: You haven't to talked 15 to anybody -- 16 MR. HULETT: Yes, I talked to the 17 people on both sides of me, the one across 18 the street. 19 MR. SANGHVI: Not behind yourself, 20 behind your property? 21 MR. HULETT: No. 22 MR. SANGHVI: How much is the 23 distance between you and your backdoor 24 neighbor? 25 MR. HULETT: It will encroach the
26 1 35-foot setback by seven feet, so the porch 2 would be 27 foot. 3 MR. SANGHVI: I was there a couple 4 of days ago. I looked. It is pretty close 5 to their property. 6 MR. ROBSON: Doesn't the guy that 7 wrote the letter to the association, doesn't 8 he live right behind you or not? 9 MRS. HULETT: Not exactly behind 10 us. 11 MR. ROBSON: Oh, not exactly behind 12 you, okay. 13 MR. SANGHVI: Do you have a 14 homeowners association in your area? 15 MR. HULETT: Yes, they approved it. 16 MR. SANGHVI: They have approved 17 it? 18 MR. ROBSON: Yes. 19 MR. SANGHVI: You got one of those 20 in the file? 21 MS. KRIEGER: Yep. 22 MR. HULETT: In fact, the president 23 of the homeowners association lives behind 24 me. 25 MR. SANGHVI: Fine. Thank you.
27 1 VICE CHAIR SKELCY: Any other 2 comments or questions? Member Krieger? 3 MS. KRIEGER: On the map, the 4 Google map, it seem that the house was set 5 back, was it built that way or did you 6 purchase it that way? 7 MR. HULETT: I'm a little hard of 8 hearing. 9 MS. KRIEGER: The Google map shows 10 that the house seems to be a little farther 11 back compared to the other houses on the 12 street. 13 MR. HULETT: That's because the 14 garage is built in front of the house. 15 MS. KRIEGER: You bought it that 16 way? 17 MR. HULETT: Yes, I bought it that 18 way. 19 MS. KRIEGER: So it's a unique 20 circumstance that yours is different than the 21 others. That was my question. Thank you. 22 MR. HULETT: Yes. 23 VICE CHAIR SKELCY: Any other 24 questions or comments? 25 (No responses.)
28 1 VICE CHAIR SKELCY: Seeing none, I 2 will now entertain a motion. Member Krieger? 3 MS. KRIEGER: In Case No. 12-033, 4 for 21937 Meridian Lane, I move to approve 5 the requested variance that the -- there are 6 unique circumstances and physical conditions 7 of the property such as the narrowness, 8 shallowness, shape, water, topography, the 9 position of footprint of the house on the 10 property compared to the neighbors, and 11 similar physical conditions and the need for 12 the variance is not due to the applicant's 13 personal or economic difficulty. 14 The need is not self-created. 15 Strict compliance with regulations governing 16 areas, setback frontage, height, bulk, 17 density or other dimensional requirements 18 will unreasonably prevent the property owner 19 from using the property for a permitted 20 purpose or will render conformity with those 21 regulations unnecessarily burdensome. 22 The petitioner stated that the 23 deck that he had there now, that he would 24 like to improve it, so by improving it, would 25 increase the property -- potentially increase
29 1 property values. 2 The requested variance is the 3 minimum variance necessary to do substantial 4 justice to the applicant as well as to other 5 property owners in the district and has been 6 approved by the homeowners association. 7 And the requested variance 8 will not cause an adverse impact on 9 surrounding property, property values or the 10 use and enjoyment of the property in the 11 neighborhood or zoning district. 12 MR. SANGHVI: Second. 13 VICE CHAIR SKELCY: We have a 14 motion and a second. Is there any further 15 discussion? 16 (No responses.) 17 VICE CHAIR SKELCY: Seeing none, I 18 will ask Ms. Pawlowski to call the roll. 19 MS. PAWLOWSKI: Member Gedeon? 20 MR. GEDEON: Yes. 21 MS. PAWLOWSKI: Member Gerblick? 22 MR. GERBLICK: Yes. 23 MS. PAWLOWSKI: Member Ghannam? 24 MR. GHANNAM: Yes. 25 VICE CHAIR SKELCY: Member Krieger?
30 1 MS. KRIEGER: Yes. 2 MS. PAWLOWSKI: Member Sanghvi? 3 MR. SANGHVI: Yes. 4 MS. PAWLOWSKI: Member Skelcy? 5 VICE CHAIR SKELCY: Yes. 6 MS. PAWLOWSKI: Member Ferrell? 7 MR. FERRELL: Yes. 8 MS. PAWLOWSKI: Motion passes seven 9 to zero. 10 VICE CHAIR SKELCY: Congratulations. 11 MR. HULETT: Thank you very much. 12 VICE CHAIR SKELCY: We will now 13 move onto the fifth case, which is 12-034, 14 121 Austin Drive. 15 Will the applicant please come 16 down to the podium, state your name, spell it 17 and then I will ask that you be sworn in by 18 the secretary. 19 MR. RUTHERFORD: My name is Robert 20 Rutherford, R-o-b-e-r-t, R-u-t-h-e-r-f-o-r-d. 21 VICE CHAIR SKELCY: And Mrs. -- 22 MRS. RUTHERFORD: It's Kelly 23 Rutherford, K-e-l-l-y, R-u-t-h-e-r-f-o-r-d. 24 VICE CHAIR SKELCY: Thank you. 25 Will you now be sworn by the secretary.
31 1 MS. KRIEGER: In Case No. 12-034, 2 on 121 Austin Drive, do you both swear to 3 tell the truth in this case? 4 MR. RUTHERFORD: Yes. 5 MRS. RUTHERFORD: Yes. 6 VICE CHAIR SKELCY: Thank you. You 7 may proceed. 8 MR. RUTHERFORD: First of all, I'd 9 like to bring up something that's on this 10 paper. I think it's either a typographical 11 error on this paper or I may have done it 12 myself. 13 But the setback on this house 14 is only ten feet. It's not what it states on 15 here. It's backwards. The side yard is only 16 two foot ten inches from the side property 17 line. And the front yard setback is only 18 10 feet on one side, 11 feet on the other 19 side of the house, from the 60-foot 20 right-of-way. 21 I don't know if anyone went by 22 the house, but the house is staked for the 23 right-of-way. 24 VICE CHAIR SKELCY: Mr. Boulard, do 25 we have an error here or --
32 1 MR. RUTHERFORD: I don't know if 2 it's a typographical error on this, or what I 3 turned in. 4 VICE CHAIR SKELCY: If so, would we 5 need to readvertise? 6 MR. BOULARD: Can I see the file, 7 please. 8 VICE CHAIR SKELCY: Give us a 9 moment. 10 MR. BOULARD: I'm sorry. If I may. 11 You indicated that the house is actually two 12 foot ten from the property line? 13 MR. RUTHERFORD: From the left-hand 14 side property line, which I live in the house 15 next-door. 16 MR. BOULARD: The front yard is 17 only 10 feet, not 20 feet? 18 MR. RUTHERFORD: The front yard is 19 ten -- the front of the house on the 20 right-hand side is 10 foot two inches from 21 the edge of the 60 foot right-of-way and on 22 the left-hand side of the house it's 11, 23 three. It's on the drawing. I neglected to 24 bring my own drawing. 25 MS. KRIEGER: It's on the second
33 1 diagram. 2 VICE CHAIR SKELCY: Thank you. 3 MR. BOULARD: I'm sorry, it appears 4 we'll have to renotice. 5 VICE CHAIR SKELCY: Because of the 6 discrepancy, the people who could be impacted 7 by this in your neighborhood, will have to be 8 put on notice, which means that we will have 9 to move your particular matter. 10 I hope we can do it -- 11 MR. RUTHERFORD: The notice that I 12 received -- it wasn't typed the same as this? 13 MR. BOULARD: What was that? Do 14 you have your notice? 15 MS. PAWLOWSKI: It will be in the 16 pile. 17 MR. BOULARD: We will need to 18 renotice and we can put it on the September 19 11th meeting. 20 VICE CHAIR SKELCY: All right. I 21 am very sorry, but we will have to renotice 22 your matter so that your neighbors, who could 23 be impacted, can see the exact specifications 24 that are being requested. 25 We will move it to the next
34 1 meeting of September 11th, 2012. And I 2 apologize for this inconvenience for you 3 tonight. 4 MR. RUTHERFORD: Is this the same 5 way it was typed on the other one? The one 6 that was mailed out? 7 MRS. RUTHERFORD: As far as my 8 understanding, the part that I read just said 9 we were requesting a variance, did not say 10 what -- I mean, it says what type, but not as 11 in the size. It just says what the setbacks 12 are supposed to be. 13 VICE CHAIR SKELCY: Let me check 14 with the city. 15 MR. RUTHERFORD: Do you have the 16 paper that was sent -- 17 VICE CHAIR SKELCY: It's in the 18 master file. We don't each get an individual 19 copy of your file. 20 MR. RUTHERFORD: I walked around to 21 all the neighbors, and I mean, I got five or 22 six or more back. 23 MS. SAARELA: We are going to 24 double check what we need to do -- look in 25 the newspaper.
35 1 MS. KRIEGER: So the second page 2 that we have compared to the first because 3 they are different that we have to renotice? 4 MS. SAARELA: It would be because 5 of what's in the notice, that we have to 6 renotice. If it's inaccurate in the notice, 7 with what the public is getting, so we have 8 to renotice. 9 So Angie is going to check 10 what went in the newspaper. 11 MR. RUTHERFORD: I don't read the 12 paper, too much bad news on the TV. 13 MS. SAARELA: It went into the 14 paper reversed, inaccurately, so it's going 15 to have to be renoticed in the paper. 16 VICE CHAIR SKELCY: Again, sorry 17 for the inconvenience tonight. We will look 18 forward to seeing you again in September. 19 MR. RUTHERFORD: Thank you for your 20 time. 21 VICE CHAIR SKELCY: Do we have to 22 do a motion? 23 MS. SAARELA: Just a motion to 24 table it until September. 25 MR. SANGHVI: I make a motion to
36 1 table this particular case for the next 2 meeting. 3 MR. GERBLICK: Second. 4 VICE CHAIR SKELCY: All those in 5 favor? 6 THE BOARD: Aye. 7 VICE CHAIR SKELCY: All those 8 opposed? 9 (No responses.) 10 VICE CHAIR SKELCY: Motion carries. 11 We will now see this matter next month. 12 We will move onto our next 13 case, which is No. 6, 12-035, with the 14 address of 41200 Bridge Street. Would the 15 applicant please come forward. Thank you. 16 MR. HADLEY: Good evening. My name 17 is Lawrence Hadley. That's L-a-w-r-e-n-c-e, 18 H-a-d-l-e-y, and I'm not an attorney. 19 MS. KRIEGER: In Case No. 12-035, 20 for 41200 Bridge Street, do you swear to tell 21 the truth in this case? 22 MR. HADLEY: I do. Good evening. 23 Thank you for your time. 24 The basic issue with this sign 25 variance is the topography of the site is
37 1 such that the building is blocked from view 2 on Bridge Street by a berm and on Meadowbrook 3 by a berm. And so that makes it very 4 difficult for passersby to become aware of 5 the building. 6 Even in this day of age of 7 advanced internet marketing and all that, 8 which we do, people still drive around and 9 look at signs, even after they have done the 10 marketing, looked at our stuff on the web. 11 In a year's time, since I have 12 been handling the leasing, we have only had 13 one new tenant, and that was an expansion of 14 an existing tenant. Other than that, we have 15 not had any new leases from outsiders because 16 the market has been so low. 17 We are getting more traffic 18 and we were getting better traffic, but it's 19 been very slow but sure, because the leasing 20 market is still coming around and the 21 slowness of the Detroit marketplace, we still 22 have lots and lots of competition. So that's 23 why it's important for us to be able to have 24 the visibility of our sign on Meadowbrook and 25 hence that variance.
38 1 VICE CHAIR SKELCY: Thank you. Any 2 public comments on this matter? 3 (No responses.) 4 VICE CHAIR SKELCY: Seeing none, 5 Madam Secretary -- I'm sorry, any comments 6 from the city? 7 MS. SAARELA: I have none. 8 VICE CHAIR SKELCY: Mr. Boulard? 9 MR. BOULARD: Nothing to add. 10 VICE CHAIR SKELCY: Thank you. 11 Madam Secretary, could you please read any 12 comments into the record. 13 MS. KRIEGER: In Case No. 12-035, 14 35 were mailed, 13 returned mailed, responses 15 none. 16 VICE CHAIR SKELCY: Thank you. I 17 will now open it up to the Board for comments 18 and questions. Mr. Sanghvi? 19 MR. SANGHVI: I think the market 20 conditions haven't changed very much since 21 you were here last, have they? 22 MR. HADLEY: No, sir. 23 MR. SANGHVI: I know you had this 24 sign for a few years, but it looks like 25 you're not getting anywhere. I understand
39 1 the need for continuing to have the sign 2 where it is. Thank you. 3 VICE CHAIR SKELCY: Thank you. Any 4 other comments? 5 I have a question for the 6 city. Is this the sixth year that this sign 7 has been up from what I see here? 8 MR. SANGHVI: Three years. 9 VICE CHAIR SKELCY: I see that it 10 mentions the '06, 010? 11 MR. BOULARD: There was a variance 12 granted in '06, Case No. 010 for one year, in 13 '07, Case No. 22 for two years, and '09, Case 14 025 for two years, and then ZBA Case No. 15 11-022 for one year. 16 VICE CHAIR SKELCY: So we have had 17 it up for six years? 18 MR. BOULARD: Yes. 19 VICE CHAIR SKELCY: Thank you. 20 Member Ghannam? 21 MR. GHANNAM: I guess, sir, my 22 problem is that it has been so long, and we 23 can't grant variances necessarily just 24 because you want a bigger sign, everybody 25 wants bigger and better. I understand that.
40 1 I follow you on that. 2 But at some point, a temporary 3 sign becomes almost permanent. I guess 4 that's my problem with sometimes there is -- 5 I can see some needs for it. But if it's 6 just the size, I couldn't support it. 7 MR. HADLEY: I don't believe our 8 variance is strictly for size. Our variance 9 is also for our distance of our sign from our 10 property sign, which is why we want it out on 11 Meadowbrook Road. 12 I think that's the larger 13 concern for us. 14 MR. GHANNAM: That's a good point. 15 We can grant a variance for the distance 16 between -- you know, or proximity to the 17 road, but not for the size of the sign? Can 18 we do that? 19 MS. SAARELA: You could grant 20 whichever, or both or neither. 21 MR. GHANNAM: I have no problem 22 with the location, my personal opinion. To 23 me, you know, because it is more visible and 24 it makes sense, but the size is, I guess, the 25 issue. You've had it for six years, you
41 1 know, and I don't know that a bigger size 2 sign is necessarily going to bring in more 3 traffic. Even if it did, that's not a basis 4 for us to grant the petition. 5 So I don't have a problem with 6 the size personally, but I do with the -- I 7 have a problem with the size, but not the 8 location. 9 VICE CHAIR SKELCY: Any other 10 comments? Member Gerblick? 11 MR. GERBLICK: Reading through your 12 application here, I didn't see anywhere how 13 long you were requesting to extend the sign? 14 MR. HADLEY: I guess I just assumed 15 it was a year. 16 MR. GERBLICK: One year. 17 VICE CHAIR SKELCY: Anything else? 18 Any other comments or questions? I will 19 entertain a motion. 20 MR. GEDEON: I will take it. 21 VICE CHAIR SKELCY: Thank you, 22 Member Gedeon. 23 MR. GEDEON: In Case No. 12-035, 24 for 41200 Bridge Street, I move to request 25 the variance as -- I move to approve the
42 1 variance as requested. The request is based 2 on circumstances or features that are 3 exceptional and unique to the property. 4 Specifically the applicant mentioned that 5 there are berms along the road that book -- 6 that obstruct the view of the property, and 7 do not result from conditions that exist 8 generally in the city or that are 9 self-created. 10 Failure to grant relief will 11 unreasonably present -- or limit the use of 12 the property and will result in substantially 13 more than mere inconvenience or inability to 14 attain a higher economic or financial return. 15 The grant of relief will not 16 result in a use of structure that is 17 incompatible with or unreasonably interferes 18 with adjacent or surrounding properties or 19 will result in substantial justice being done 20 to both the applicant and adjacent 21 surrounding properties and is not 22 inconsistent with the spirit of the 23 ordinance. 24 Just to clarify that this 25 variance is being granted for a one-year
43 1 extension. 2 MR. SANGHVI: Second. 3 VICE CHAIR SKELCY: I have a motion 4 and a second. Any further discussion? 5 (No responses.) 6 VICE CHAIR SKELCY: Seeing none, I 7 will ask Ms. Pawlowski to please take the 8 roll. 9 MS. PAWLOWSKI: Member Gedeon? 10 MR. GEDEON: Yes. 11 MS. PAWLOWSKI: Member Gerblick? 12 MR. GERBLICK: No. 13 MS. PAWLOWSKI: Member Ghannam? 14 MR. GHANNAM: No. 15 MS. PAWLOWSKI: Member Krieger? 16 MS. KRIEGER: Yes. 17 MS. PAWLOWSKI: Member Sanghvi? 18 MR. SANGHVI: Yes. 19 MS. PAWLOWSKI: Member Skelcy? 20 VICE CHAIR SKELCY: No. 21 MS. PAWLOWSKI: Member Ferrell? 22 MR. FERRELL: Yes. 23 VICE CHAIR SKELCY: Motion passes 24 four to three. 25 MR. HADLEY: Thank you.
44 1 VICE CHAIR SKELCY: Thank you. 2 Congratulation. 3 All right. We will move now 4 listen to the seventh case tonight. Is the 5 applicant here? 6 MR. HADLEY: I'm still here. It's 7 your lucky day. 8 VICE CHAIR SKELCY: Calling Case 9 No. 12-036 for the address of 25975 10 Meadowbrook Road. 11 Please state your name. 12 MR. HADLEY: My name is 13 Lawrence Hadley. Do you need me to spell it 14 again? 15 VICE CHAIR SKELCY: No. 16 MR. HADLEY: The situation here is 17 somewhat similar. In this particular case, 18 the property on Meadowbrook Road. There is, 19 number one, a very large wetlands area in 20 front of the single tenant building in front 21 of the complex. The topography slopes up 22 dramatically, again, inhibiting visibility 23 and the vacancy there is even more severe. 24 At this time last year we had 25 approximately 21, 22,000 square foot vacant.
45 1 Since then I have leased two units totaling 2 4,500 square feet, so we still have close to 3 40 percent vacancy in that particular 4 multi-tenant complex. And notwithstanding 5 all of our, you know, internet marketing 6 efforts and dropping flyers in the area and 7 all those other things. 8 So that's why the importance 9 of the visibility of the signage on 10 Meadowbrook as the other properties have, is 11 again important for that property. 12 VICE CHAIR SKELCY: Are there any 13 comments from the audience? 14 (No responses.) 15 VICE CHAIR SKELCY: Seeing none, I 16 will now move onto the city. Any comments 17 from the city? 18 MS. SAARELA: I have none. 19 MR. BOULARD: If I could just 20 clarify the -- there is some previous 21 variance requests listed in the staff report 22 and I wanted to clarify. Those actually are 23 06-11 for one year, 07-021 for two, 09-026 24 for two years and 11-023 for one year, so the 25 same total times the last request.
46 1 VICE CHAIR SKELCY: Thank you. 2 Madam Secretary, would you read into the 3 record any comments. 4 MS. KRIEGER: In Case No. 12-036, 5 33 were mailed, 11 returned, responses, none. 6 VICE CHAIR SKELCY: Thank you. I 7 will now open it up to the Board. Member 8 Sanghvi? 9 MR. SANGHVI: My comments are very 10 similar to the previous case, even though 11 they have leased a few places, there still 12 are a lot of vacancies out there. They need 13 help to fill this. 14 I feel very strongly that we 15 should try and help all these businesses to 16 fill their empty spaces so that our revenue 17 also improves. Thank you. 18 VICE CHAIR SKELCY: Thank you. Any 19 other comments? Mr. Gerblick? 20 MR. GERBLICK: This looks like 21 substantially the same request? 22 MR. HADLEY: Yes, sir. 23 MR. GERBLICK: One year again is 24 what you're requesting? 25 MR. HADLEY: Yes, sir.
47 1 MR. GERBLICK: For the comments 2 mentioned by Mr. Ghannam previously, I don't 3 know if I can support this one, same as I 4 voted last time, but -- 5 VICE CHAIR SKELCY: Thank you. 6 Mr. Gedeon? 7 MR. GEDEON: In the packets 8 prepared by the city, or provided to us from 9 the city, or from the applicant, I'm not 10 sure, is it -- were the sketches of the 11 property switched between the two cases? See 12 if that clears up any confusion here. 13 MR. BOULARD: Are you speaking of 14 the aerial photograph? 15 MR. GEDEON: I'm talking about 16 specifically the sketches -- the drawing of 17 the side map. 18 MR. BOULARD: Those are as provided 19 by the applicant. 20 MR. HADLEY: I'm sitting here 21 looking at them. I might have -- 22 MS. KRIEGER: Reversed them? 23 MR. HADLEY: I'm looking, ZBA Case 24 25975, that's the site plan I provided for 25 that. And then for 41200 Bridge Street,
48 1 that's the site plan I provided for that. I 2 mean, in my submissions, I am confident I put 3 in the -- I think I put the correct ones in. 4 MR. BOULARD: I'm not sure if it 5 was -- where there was some confusion, but 6 you are right, that the site plan -- key 7 plans provided by the applicant are switched. 8 The aerial photographs are correct. 9 MR. GEDEON: Just to clarify then 10 for the other board members, in this case, 11 this proper site plan is in the packet 12 labeled 12-035, and in this -- in the spot 13 where the sign location is, there is an empty 14 area, that's the area that the applicant 15 indicated was a wetlands area between 16 Meadowbrook Road and the subject property, 17 25825. Am I stating that correctly? 18 MR. HADLEY: Yes, sir. 19 VICE CHAIR SKELCY: Any other 20 comments, questions? Mr. Ghannam? 21 MR. GHANNAM: My comments are the 22 same from the last case. I mean, if you had 23 some other argument other than we are trying 24 to fill these things up. Take a look at 25 them, but based on strict economic reasons,
49 1 in what you have provided, I could not 2 support it. 3 VICE CHAIR SKELCY: Thank you. 4 Seeing no other comments, or questions, I 5 will now entertain a motion. 6 MR. GEDEON: I will take this. 7 VICE CHAIR SKELCY: Thank you, 8 Member Gedeon. 9 MR. GEDEON: In Case No. 12-036, 10 25975 Meadowbrook Road, I move that we 11 approve the requested variance as requested. 12 Specifically the request is 13 based on circumstances or features that are 14 exceptional and unique to the property, as 15 the applicant indicated, there is a large 16 wetland area separating the property from 17 Meadowbrook Road where the sign will be 18 located. 19 Failure to grant relief will 20 unreasonably prevent or limit the use of the 21 property and will result in substantially 22 more than mere inconvenience or inability to 23 attain a higher economic or financial return. 24 The grant of relief will not 25 result in a use of structure that is
50 1 incompatible with or unreasonably interferes 2 with adjacent or surrounding properties, will 3 result in substantial justice being done to 4 both the applicant and the adjacent or 5 surrounding properties and is inconsistent 6 with the spirit of the ordinance. 7 MR. SANGHVI: Second. 8 MS. KRIEGER: That was for one 9 year? 10 MR. GEDEON: Yes, I would specify 11 that would be for one year. 12 MR. SANGHVI: Agree. 13 VICE CHAIR SKELCY: Seeing a motion 14 and a second, any further discussion? 15 (No responses.) 16 VICE CHAIR SKELCY: Ms. Pawlowski, 17 will you please call the roll. 18 MS. PAWLOWSKI: Member Gedeon? 19 MR. GEDEON: Yes. 20 MS. PAWLOWSKI: Member Gerblick? 21 MR. GERBLICK: No. 22 MS. PAWLOWSKI: Member Ghannam? 23 MR. GHANNAM: No. 24 MS. PAWLOWSKI: Member Krieger? 25 MS. KRIEGER: Yes.
51 1 MS. PAWLOWSKI: Member Sanghvi? 2 MR. SANGHVI: Yes. 3 MS. PAWLOWSKI: Member Skelcy? 4 VICE CHAIR SKELCY: No. 5 MS. PAWLOWSKI: Member Ferrell? 6 MR. FERRELL: Yes. 7 MS. PAWLOWSKI: Motion passes four 8 to three. 9 VICE CHAIR SKELCY: Congratulations. 10 MR. HADLEY: Thank you very much 11 for your time. 12 VICE CHAIR SKELCY: We will now 13 call the Case of 12-037, the address is 26940 14 Tart Road. 15 Would the applicant please 16 come forward, state your name, spell your 17 name, then be sworn in by the secretary, if 18 you are not a lawyer. 19 MR. GILTNER: My name is 20 David Giltner, G-i-l-t-n-e-r. 21 MS. KRIEGER: Are you a lawyer? 22 MR. GILTNER: No, I am not. 23 MS. KRIEGER: In 12-037, for 26940 24 on Taft Road, do you swear to tell the truth 25 in this case?
52 1 MR. GILTNER: I do. 2 VICE CHAIR SKELCY: Thank you. 3 Please proceed. 4 MR. GILTNER: The property is on 5 Taft Road north of Grand River and at the 6 I-96 freeway there. And I am here to get a 7 sign that fronts the freeway. 8 VICE CHAIR SKELCY: Anything else? 9 MR. GILTNER: No. 10 VICE CHAIR SKELCY: All right. 11 Thank you. Are there any comments from the 12 audience? 13 (No responses.) 14 VICE CHAIR SKELCY: All right. Now 15 we will ask for any comments from the city? 16 MS. SAARELA: I have no comments. 17 MR. BOULARD: No comments. 18 VICE CHAIR SKELCY: Okay. Thank 19 you. Madam Secretary, can you please read 20 any comments into the record. 21 MS. KRIEGER: In Case No. 12-037, 22 17 were mailed, five returned, responses, 23 none. 24 VICE CHAIR SKELCY: Thank you. I 25 will now open it up to the Board.
53 1 MS. KRIEGER: Does Oakland 2 County -- because it's going to be facing the 3 expressway, would Oakland County or the State 4 have any participation? 5 MR. BOULARD: No. 6 VICE CHAIR SKELCY: Thank you. Any 7 comments? Member Sanghvi? 8 MR. SANGHVI: Thank you. I think 9 Taft Road leads to nowhere in that area 10 because it comes next to the highway. They 11 need a sign to say that this place is vacant 12 and available for leasing. I have no 13 difficulty in accepting that request and 14 granting the variance as requested. 15 VICE CHAIR SKELCY: Thank you. Any 16 other comments or questions from the Board? 17 Member Ghannam? 18 MR. GHANNAM: Where was the intent 19 to place this particular sign, sir? 20 MR. GILTNER: Fronting the freeway, 21 north of the building, between the building 22 and the freeway. 23 MR. GHANNAM: Not on the building, 24 but on a sign adjacent to the freeway? 25 MR. GILTNER: I believe we are
54 1 requesting a V-shaped sign. 2 MR. GHANNAM: In this particular 3 case -- we have had a number of signs that 4 abuts freeways. This is one of the 5 properties obviously that is adjacent to the 6 freeway. 7 I understand the need, when 8 it's basically -- it's not a road sign like 9 on a Meadowbrook or other type of road. 10 Facing the freeway, people are going fast, 11 and I understand a larger sign gets quicker 12 attention and it's easier to read. 13 So on this particular one, I 14 have no problem with it. 15 Are you requesting any 16 particular time frame? 17 MR. GILTNER: I typically request a 18 year. I have a year listing, although 19 sometimes it expired from that. 20 MR. GHANNAM: I understand. I have 21 no problem with the area. Thank you. 22 VICE CHAIR SKELCY: Thank you. Any 23 other comments, questions? 24 MR. SANGHVI: I'm going to request 25 we do -- make it two years or less depending
55 1 upon when it is sold. 2 VICE CHAIR SKELCY: A suggestion 3 from Member Sanghvi at this point regarding a 4 motion. Thank you. 5 Any other comments? 6 MR. GEDEON: I do have one comment. 7 For the city, if we approve this variance, do 8 we have to specify whether or not the square 9 footage of the sign is spread between two 10 faces or one face, or I mean, I see that 11 there is a note in there saying that the 12 applicant did not provide a specific 13 rendering of the sign, or shape of the sign. 14 Do we have to address that? 15 MR. BOULARD: The sign -- if the 16 sign is V-shaped and the widest part of the 17 sign is less than two feet, then it would 18 count -- we would count only one face in the 19 area that's requested. 20 If the sign is larger, if the 21 V is larger than two feet, then both faces 22 would count, and so the sign, as I understand 23 it, was 48 feet, which was -- but it was 24 fairly wide V, to take advantage -- the 48 25 feet was both faces together, 224 square foot
56 1 wide, or square foot area faces. Is that 2 your understanding also? 3 MR. GILTNER: I guess if no matter 4 what our previous intention was, I would sort 5 of step back and say one single flat sign, if 6 that's correct, I would rather have one 7 single flat sign, so that the writing could 8 be more legible from the freeway, rather than 9 two smaller signs that are V-shaped. 10 MR. GHANNAM: Here we are just 11 approving square footage, correct? So it 12 doesn't matter which way he does it, as long 13 as he complies? 14 MR. BOULARD: Right. It's just if 15 the intent was for a double face sign, which 16 was what was originally requested, that -- 17 the permit was originally for a V-shaped 18 sign, in which both faces would add up to 48 19 square feet. That's what is in 20 Jeanne Nilan's letter that is in the packet. 21 If the Board approved 48 22 square feet total, then the petitioner 23 decided, I just want to do a one-sided sign, 24 then the sign would be, you know, that 25 much -- the sign face would be 48 square
57 1 foot, fairly big sign. 2 MR. GILTNER: That would be my 3 preference. 4 VICE CHAIR SKELCY: Member 5 Gerblick? 6 MR. GERBLICK: Based the mock-up we 7 got here, it says the sign is to be six by 8 eight, which would be 48 square feet, 9 double-sided sign would be 96. Am I reading 10 that right? 11 MR. GILTNER: I would need a 12 double-sided sign, right, because -- 13 MR. GERBLICK: You wouldn't need 14 one? 15 MR. GILTNER: No, there is no 16 traffic on Taft Road. It's a dirt road. 17 MR. GERBLICK: Single face sign? 18 MR. GILTNER: A single face sign, 19 just facing the freeway. 20 MR. BOULARD: The sign that was 21 originally applied for in the sign permit was 22 double-sided. That's why the letter was 23 written that way, and that was the basis then 24 for the appeal. 25 MR. GILTNER: I'm not looking to
58 1 re-invent the wheel. I'm just looking -- if 2 that was what was applied for, we can do 3 that, but there isn't really any traffic on 4 Taft Road there, whatever is easier. 5 Like I said, I don't want to 6 re-invent the wheel. I'm looking to maximize 7 the face that fronts the freeway. 8 VICE CHAIR SKELCY: Would we have 9 to readvertise? 10 MR. BOULARD: No. 11 VICE CHAIR SKELCY: Member Ferrell? 12 MR. FERRELL: How many signs do you 13 have on your property right now? Because I 14 was out there the other day, I thought I saw 15 three of them, is that correct? 16 MR. GILTNER: I think there is one 17 at the entrance to Grand River and Taft, a 18 directional sign, and just the one in front 19 yard, as far as I know. 20 MR. FERRELL: There is one by the 21 expressway right now, right? 22 MR. GILTNER: I wasn't aware of 23 that. 24 MR. FERRELL: I saw it today when I 25 was driving. I don't know if that was yours.
59 1 I'm almost positive it was. But I did drive 2 by the other day and I saw a sign. I don't 3 know if that's your property. 4 MR. GILTNER: I had to complain to 5 our sign people to get a sign up, but 6 typically they don't do that until I go to 7 the ZBA, so -- 8 MR. FERRELL: Okay. I saw one at 9 the corner of Taft and Grand River. There is 10 one on the property, a smaller one. Then I 11 saw -- like I said, I'm not sure if that was 12 yours or not. It was right by the building. 13 MR. GILTNER: I am not aware of a 14 freeway sign on the property at this time. 15 You would be telling me something I don't 16 know. 17 VICE CHAIR SKELCY: Any other 18 comments or questions for the city? 19 MS. SAARELA: Just on if you intend 20 on granting it as not the two-faced sign, 21 that you clarify in the motion that it's not 22 a two-face, it's 48 square foot total. That 23 we are not looking at a 96 square foot sign. 24 VICE CHAIR SKELCY: Thank you. 25 MR. FERRELL: I got a question for
60 1 the city. How many signs are you allowed to 2 have on a property at one time? 3 MR. BOULARD: A for sale sign? 4 One. 5 MR. FERRELL: Would that be 6 considered, if he's got one on the road of 7 Grand River and Taft as one as well as the 8 one that would be by the expressway? 9 MR. BOULARD: It would be a total 10 of one. 11 MR. FERRELL: Those other two signs 12 would have to -- 13 MR. BOULARD: Yes. 14 VICE CHAIR SKELCY: Are you aware 15 that you would have to remove the other two 16 signs? 17 MR. GILTNER: I kind of planned on 18 removing the one in the front yard anyway. 19 The one on Grand River, I 20 guess I kind of viewed that as a separate 21 parcel and that would be a separate sign. I 22 didn't realize I couldn't -- my intent was to 23 do the freeway sign and the Grand River sign. 24 The Grand River sign is not on the property. 25 It's on another property. So I'd rather have
61 1 the freeway sign though than any of the 2 three. 3 So if I had only one sign, the 4 freeway sign would be my preference. 5 VICE CHAIR SKELCY: Is the other 6 sign that's not on the property, is that 7 property also for sale? 8 MR. GILTNER: It is not. 9 VICE CHAIR SKELCY: Okay. So you 10 have placed a sign on -- 11 MR. GILTNER: We typically get 12 permission from somebody before we put a sign 13 in their yard. If I recall right, that 14 property is owned by Deamarino (phonetic), a 15 long-time client of my company. 16 VICE CHAIR SKELCY: Thank you. Any 17 other questions or comments? 18 (No responses.) 19 VICE CHAIR SKELCY: I will now 20 entertain a motion. Member Gerblick? 21 MR. BOULARD: I move that in Case 22 No. 12-037, 26940 Taft Road, we grant a 23 variance for a total 48 square foot sign, 24 one-sided sign. That this request based on 25 circumstances that are exceptional and unique
62 1 in the property, backs up 96 freeway. 2 Failure to grant the relief will unreasonably 3 prevent or limit the use of the property that 4 will result in substantially more than a mere 5 inconvenience or inability to attain a higher 6 economic return. 7 The grant of relief will not 8 result in the use of structure that is 9 incompatible or unreasonably interferes with 10 the adjacent or surrounding properties. 11 MR. GHANNAM: For one -- 12 MR. GERBLICK: The variance for one 13 year. 14 MS. KRIEGER: Or until sold? 15 MR. GERBLICK: Or until sold. 16 MS. SAARELA: Are you conditioning 17 that on the removal of the other signs -- of 18 site, one placed (inaudible). 19 MR. GERBLICK: Yes. 20 VICE CHAIR SKELCY: Mr. Boulard? 21 MR. BOULARD: If I may, you 22 mentioned one year or until sold. It was the 23 lesser of those, correct? 24 MR. GERBLICK: The lesser of one 25 year or until sold.
63 1 MR. BOULARD: Thank you. 2 VICE CHAIR SKELCY: You understand 3 that the motion requires the removal of the 4 other two signs? 5 MR. GILTNER: I do, but I will 6 probably be back here for the Grand River 7 sign, so -- 8 VICE CHAIR SKELCY: Is there a 9 second? 10 MS. KRIEGER: Second. 11 VICE CHAIR SKELCY: Thank you. Any 12 further discussion? Go ahead. Nothing? 13 Okay. 14 Ms. Pawlowski, please call the 15 roll. 16 MS. PAWLOWSKI: Member Gedeon? 17 MR. GEDEON: Yes. 18 MS. PAWLOWSKI: Member Gerblick? 19 MR. GERBLICK: Yes. 20 MS. PAWLOWSKI: Member Ghannam? 21 MR. GHANNAM: Yes. 22 MS. PAWLOWSKI: Member Krieger? 23 MS. KRIEGER: Yes. 24 MS. PAWLOWSKI: Member Sanghvi? 25 MR. SANGHVI: Yes.
64 1 MS. PAWLOWSKI: Member Skelcy? 2 VICE CHAIR SKELCY: Yes. 3 MS. PAWLOWSKI: Member Ferrell? 4 MR. FERRELL: Yes. 5 MS. PAWLOWSKI: Motion passes seven 6 to zero. 7 VICE CHAIR SKELCY: Congratulations 8 sir. 9 MR. GILTNER: Thank you. 10 VICE CHAIR SKELCY: All right. Are 11 there any other matters at all? 12 I would like to take this 13 opportunity to welcome Brent Ferrell to the 14 Board. This is his first night here. He's 15 our alternate and welcome. 16 MR. FERRELL: Thank you very much. 17 Very pleased to be here. 18 VICE CHAIR SKELCY: Thank you. I 19 will entertain a motion to adjourn. 20 MR. SANGHVI: So moved. 21 MS. KRIEGER: Second. 22 VICE CHAIR SKELCY: All right. We 23 are adjourned. 24 (The meeting was adjourned at 8:05 p.m.) 25 ** ** **
65 1 STATE OF MICHIGAN ) 2 ) ss. 3 COUNTY OF OAKLAND ) 4 I, Jennifer L. Wall, Notary Public within and for the 5 County of Oakland, State of Michigan, do hereby certify that the 6 hearing above, that the statements given by said individuals was 7 stenographically recorded in the presence of myself and others, 8 afterward transcribed by computer under my personal supervision, 9 and that the said statements are a full, true and correct 10 transcript of the statements given by the individuals. 11 I further certify that I am not connected by blood or 12 marriage with any of the parties or their attorneys, and that I 13 am not an employee of any of them, nor financially interested in 14 the action. 15 IN WITNESS THEREOF, I have hereunto set my hand at the 16 City of Walled Lake, County of Oakland, State of Michigan. 17 18 19 ________________ _________________________ Date Jennifer L. Wall CSR-4183 20 Oakland County, Michigan My Commission Expires 11/12/15 21 22 23 24 25
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