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CITY OF NOVI
ZONING BOARD OF APPEALS
Tuesday,March 2, 2004
NOVI CIVIC CENTER - 45175 W. Ten Mile Road
Novi, MI 48375 (248) 347-0475

The NOVI ZONING BOARD OF APPEALS taken before me, Darlene K. May, CSR-6479, a Notary Public, within and for the County of Oakland, State of Michigan, at 45175 West Ten Mile Road, Novi, Michigan, on Tuesday, March 2, 2004.

PRESENT:

Members:
Frank Brennan, Mav Sanghvi, Gerald Bauer, Cynthia Gronachan, Sarah Gray, Justin Fischer

ALSO PRESENT:

Donald Saven, Building Official; Denise Anderson, Recording Secretary; Thomas R. Schultz, City Attorney,

ABSENT:

Member Brent Canup

Novi, Michigan
Tuesday, March 2, 2004
7:30 p.m.

CHAIRPERSON GRONACHAN: At this time

I would like to call the March 2004 Zoning Board of

Appeals to order. Denise, will you please call the

roll.

MS. ANDERSON: Member Bauer?

MEMBER BAUER: Present.

MS. ANDERSON: Member Brennan?

MEMBER BRENNAN: Here.

MS. ANDERSON: Member Canup is absent

and excused.

Member Gray?

MEMBER GRAY: Present.

MS. ANDERSON: Member Gronachan?

CHAIRPERSON GRONACHAN: Present.

MS. ANDERSON: Member Sanghvi?

MEMBER SANGHVI: Here.

MS. ANDERSON: And Member Fischer?

MEMBER FISCHER: Here.

CHAIRPERSON GRONACHAN: The zoning

Board of Appeals is a hearing board empowered by the

 

 

Novi City charter to hear appeals seeking variances

from the application of the Novi Zoning Ordinance. It

takes a vote of at least four members to approve the

variance request and a vote of the majority of the

members present to deny variance.

We do have a full board this evening

and since five members are present tonight it will

take at least four votes required. Those petitioners

need to know that a full board's decision is final

this evening.

Are there any changes in the agenda

this evening?

MS. ANDERSON: Yes. The first case

number 02-107 is moved to the 6th meeting because of

scheduling conflicts with tonight's meeting.

CHAIRPERSON GRONACHAN: Member Gray?

MEMBER GRAY: I would like to add

under other matters item three for a very, very brief

discussion of Meadowbrook townhomes. That's it.

CHAIRPERSON GRONACHAN: Anything

else?

MR. SAVEN: Madame Chair, if I may,

I'd like to add item number four is an item for the

next board meeting to remind board members that it is

 

 

time for election at that time so you may want to

think about your -- the respective candidates. Also,

we have received an objection for case number 04-011

which came in at approximately 5:00 today. I know

that it's not in your packet but it is in the

chairperson's packet in regards to an objection. It's

been policy in the past that we needed to have these

things available before three o'clock on the day of

the meeting. So I just want you to be aware of that.

It's to your discretion what you wish to do with

that.

Also, there was also in the file a

brochure pamphlet that was laid on the table for a

case which we're dealing with, a ZBA Case number 04

dash 013 involving 1947 West Lake Drive. This was a

packet that was requested to be submitted to you as

the gentleman had indicated he wanted to be sure that

he covered everything. He was a little unsure of his

presentation. So he wanted to be sure this was done.

Thank you.

CHAIRPERSON GRONACHAN: Thank you,

Mr. Saven. Anybody else? All those in favor say,

"Aye."

MEMBER BAUER: Aye.

 

 

MEMBER BRENNAN: Aye.

MEMBER GRAY: Aye.

MEMBER SANGHVI: Aye.

MEMBER FISCHER: Aye.

CHAIRPERSON GRONACHAN: All opposed?

None.

At this time I would like to ask if

there are any remarks in the audience, you may.

Anyone in the audience? All comments related to a

case that are not on the agenda this evening, if there

is anyone in the audience that wishes to make a

comment in regards to an item that is not in front of

the board this evening can do so now. Is there anyone

in the audience that wishes to make a comment to the

board?

Seeing none, before we call our first

case I would like to at this time welcome back a

member to our board, Dr. Sanghvi.

MEMBER SANGHVI: Thank you.

CHAIRPERSON GRONACHAN: He took a

little sabbatical and we're very pleased to have him

back. Welcome.

MEMBER SANGHVI: Thank you. I'm

delighted to be back.

 

 

CHAIRPERSON GRONACHAN: And since

Mr. Canup is not here Mr. Sanghvi will be an active

alternate.

MEMBER FISCHER: I'm the alternate.

He's the preliminary. So I'll be the active.

CHAIRPERSON GRONACHAN: You'll be the

active and he'll be the alternate. You can be the

permanent. Justin is going to be the alternate.

In regards to the minutes we had the

January 2004 minutes. Are there any changes to the

minutes?

MEMBER BAUER: Move for approval.

MEMBER FISCHER: Second.

CHAIRPERSON GRONACHAN: All those in

favor say "Aye".

MEMBER BAUER: Aye.

MEMBER BRENNAN: Aye.

MEMBER GRAY: Aye.

MEMBER SANGHVI: Aye.

MEMBER FISCHER: Aye.

CHAIRPERSON GRONACHAN: All opposed?

None. Minutes of January 2004 are approved.

 

 

Case No. 03-111

CHAIRPERSON GRONACHAN: So let's call

our first case, 03-111, filed by Amen Korean United

Methodist Church at 41671 W. Ten Mile. This case was

tabled from our January 6th, 2004. They're requesting

to get a full board present in order to be heard. I

believe everyone had been sworn in before. Is that

correct or do we have some new members in front of us

this evening?

MR. SMITH: I have not been sworn in.

CHAIRPERSON GRONACHAN: Would you

please raise your right hand.

MEMBER BAUER: Do you solemnly swear

to tell the truth regarding Case No. 03-111?

MR. SMITH: Yes, I do.

CHAIRPERSON GRONACHAN: Go ahead.

MR. SMITH: Good evening. My name is

Terry Smith. I represent the Novi United Methodist

Church. We have with us tonight Mr. Lee who is also

an interpreter for our reverend. You see the case

before you here. The United Methodist Church is now

sponsoring a start-up of a new Korean United Methodist

Church. We are asking for the variance as you can see

here, our existing sign, what we would do is raise our

 

 

existing sign one and a half feet and then another

portion would be put underneath it. It would be a new

piece. As you can see there that adds twelve extra

square feet and also a height variance of one foot two

inches. The sign then would accommodate the new

church, our new Korean church, in terms of any input

from that church. Thank you.

CHAIRPERSON GRONACHAN: Okay.

Anything else?

Is there anyone in the audience who

wishes to make a comment in regards to this case?

Seeing none, there were 41 second

notices sent on February 17th. One conditional

approval, no objections. The conditional approval is

from Dorothy, and please forgive me if I mispronounce

the last name, McGuigan, M-c-g-u-i-g-a-n, on Quince.

"If the church is going to be

permanent on Ten Mile surely the sign should go up.

But if the church is going to relocate to another site

in the future the sign should not be so big that it

would distract the flow of traffic on Ten Mile Road."

Building department?

MR. SAVEN: It was the desire of the

board at the last meeting to remove that particular

 

 

sign because at that time they were looking at two

signs and the size of the sign. We had asked that

they take it under consideration to see what they

could do to the original sign. Even though it may be

a little bit taller, whatever. I know that our

department had worked with Mr. Darling who was before

us at the last meeting and we found this as being

probably the most reasonable size of the sign as far

as the location is concerned based upon the existing

sign that was there so we don't have too many signs in

this area.

MR. SMITH: Madame Chairman, I just

want to mention that the sign is made so that if the

Korean Church can relocate to another setting that

then they can take that piece. It can be taken out

and the original sign can be lowered back to its

original position.

CHAIRPERSON GRONACHAN: Thank you for

clarifying that. Board members?

Member Brennan?

MEMBER BRENNAN: The petitioner did

exactly what we asked him to do and, in fact, thought

a little bit ahead and addressed the question if the

Korean United church leaves in the future they can

 

 

make that change. I think they're due a motion for

approval.

CHAIRPERSON GRONACHAN: Anyone else?

MEMBER BRENNAN: And I'll make that

motion. With respect to case 03 dash 111 I would move

for approval of the petitioner's request for the

purpose of site identification.

MEMBER BAUER: Support.

CHAIRPERSON GRONACHAN: It's been

moved and approved. Any further discussion on the

motion?

Seeing none, Denise will you please

call the roll.

MS. ANDERSON: Did Member Bauer

second it?

MEMBER BAUER: Yes.

MS. ANDERSON: Member Brennan?

MEMBER BRENNAN: Yes.

MS. ANDERSON: Member Bauer?

MEMBER BAUER: Yes.

MS. ANDERSON: Member Fischer?

MEMBER FISCHER: Yes.

MS. ANDERSON: Member Gray?

MEMBER GRAY: Yes.

 

 

MS. ANDERSON: Member Gronachan?

CHAIRPERSON GRONACHAN: Yes.

MS. ANDERSON: Member Sanghvi?

MEMBER SANGHVI: Yes.

MS. ANDERSON: Motion passes six to

zero.

MR. SMITH: Thank you, very much.

CHAIRPERSON GRONACHAN: Thank you.

Your variance has been granted.

 

 

Case No. 04-004

CHAIRPERSON GRONACHAN: We'll move to

Case Number 04-004 filed by Michael A. Verlinden of

American Log and Furniture Design at 45283 Grand River

Avenue. Mr. Verlinden is requesting permission that

the sign that is currently there be supported in the

ground by poles only and also is requesting a mock up

variance.

And you are?

MR. VERLINDEN: I'm Michael

Verlinden.

CHAIRPERSON GRONACHAN: Will you

please raise your right hand and be sworn in our

secretary.

MEMBER BAUER: Do you solemnly swear

or affirm to tell the truth regarding case 04-004?

MR. VERLINDEN: Yes, I do.

MEMBER BAUER: Thank you, sir.

MR. VERLINDEN: Thank you for

allowing me the time here to address you with this

matter. As I'm sure you all read the information I

submitted. Our sign that we have currently placed in

front of our building is a ground sign, pole sign, and

it was placed there during the road construction, the

 

 

widening and the bridge reconstruction of Grand River

Avenue. Our request here is that we be allowed to

retain that sign. We've learned since we installed

the sign that it has been a real help to traffic

situations for people coming to our business and

finding it, locating our business. In the past, as I

note in here, there was what I would consider a safety

concern in that because the way that our building

faces the street, it doesn't face the street

directly. It's situated on an angle to the street.

Therefore, any traffic which approaches from the east

to the west cannot see the front of our building where

we have a sign on the front of the building. And,

therefore, now that we have the lawn sign it can be

seen which allows traffic to readily identify our

location prior to being right on top of the building.

In the past, as I noted in my comments, there were

many situations where delivery vehicles or customers

who are not familiar with our location or the Novi

area would have to stop or pull over to the side of

the road and back up to actually locate us if they

were approaching from the east to the west. So our

request is primarily for the purpose because we are

uniquely situated in the way that the building is

 

 

located facing the street, that does not directly face

the street that we be allowed to maintain this sign.

For that purpose and also for the

purpose of what we believe is a safer situation for

traffic. Thank you.

CHAIRPERSON GRONACHAN: There were

14 notices sent and two approvals. Is there anyone in

the audience that wishes to make comment in regards to

this case?

Seeing none, building department?

MR. SAVEN: Normally in regards to

the sign out in front it is supposed to be a monument

sign and this sign has two poles on it. I think it's

probably in line with this business that is dealing

with the appearance of that particular structure. So

he is basically asking for that additional sign plus

the increase of one foot.

MR. VERLINDEN: Yes, this is true.

The sign is representative of the type of furniture

that we build, which is log furniture as our name

plainly states, American Log and Furniture Design. So

we erected the sign of log material and did it, I

think, in a manner that is ascetically pleasing to the

community as representative of our business and our

 

 

workmanship.

CHAIRPERSON GRONACHAN: Board

members? Member Gray?

MEMBER GRAY: I have no problem with

the sign. I think it's very appealing. It is rustic

and does represent a feel what your business is.

While there is a business center sign on the property

there is no indication on the business sign who the

tenants are in that little part.

MR. VERLINDEN: That is correct.

MEMBER GRAY: I don't have a problem

with the size of this sign. Although petitioner has

given us a lengthy list of additional signs in the

area that are two signs or more I found that standing

in front of the business that within probably a 1,000

to 1,500 feet there are so many signs that are on two

pole monuments that it is almost -- well, it's not

quite a laughing matter. This is a good use for this

and I think a monument sign would actually detract

from the type of advertisement and with the building,

the position of the building with the traffic I think

it's also necessary for business identification.

CHAIRPERSON GRONACHAN: Okay.

MEMBER BRENNAN: Is that a motion?

 

 

MEMBER GRAY: It certainly could be.

And it is.

MEMBER BRENNAN: Go ahead.

MEMBER GRAY: In the matter of

Case 04-004 move to approve the variance requested.

As it provides identification for the occupancy and it

is compatible with the product sold and it does not

interfere with traffic and it provides identification

for both directions on Grand River.

MEMBER BAUER: Second.

CHAIRPERSON GRONACHAN: It's been

moved and approved. Is there any further discussion

on the motion?

Seeing none, Denise, will you please call

the roll.

MS. ANDERSON: Member Gray?

MEMBER GRAY: Yes.

MS. ANDERSON: Member Bauer?

MEMBER BAUER: Yes.

MS. ANDERSON: Member Brennan?

MEMBER BRENNAN: Yes.

MS. ANDERSON: Member Fischer?

MEMBER FISCHER: Yes.

CHAIRPERSON GRONACHAN: Yes.

 

 

MEMBER SANGHVI: Yes.

MS. ANDERSON: Motion passes six to

zero.

CHAIRPERSON GRONACHAN: Sir, your

variance has been granted. Please see the building

department for anything further.

MR. VERLINDEN: Pardon me?

CHAIRPERSON GRONACHAN: You can see

the building department for anything further.

 

 

Case No. 03-118

CHAIRPERSON GRONACHAN: Moving right

along. Case 03-118 filed by Diane Soderstrom of

Providence Hospital for Westbrook Golf Course at

26817 Beck Road. The request this evening is for a

temporary use permit for an existing building that has

expired.

MEMBER BAUER: That's not Diane.

CHAIRPERSON GRONACHAN: No. It

doesn't look like Diane.

MR. CARLIN: You're right. I am

John Carlin appearing here in lieu of Diane who

unfortunately had a death in the family and is not

able to be here. Gary Joan is with me tonight.

CHAIRPERSON GRONACHAN: Can I

interrupt. I'm sorry. Would you both raise your

right hand and be sworn in by our secretary. Thank

you.

MEMBER BAUER: Do you solemnly swear

or affirm to tell the truth regarding Case No. 03-118?

MR. CARLIN: I do.

MR. JOAN: I do.

MEMBER BAUER: Thank you.

CHAIRPERSON GRONACHAN: Go ahead.

 

 

MR. CARLIN: We're here to ask for a

variance to continue the temporary use of the

clubhouse building that is at the Westbrook Golf

Course. As you know the hospital property is here.

This is the existing hospital. The golf course is all

around the hospital. This is the building that we're

talking about right here which is, for the lack of a

better word, let's call it the clubhouse. It's been

there forever. We've had several variances in the

past that expired and we're looking for an extension

under the ordinance for two years. We consider this a

community asset. It is a very affordable public golf

course. We've kept the rates down. It's owned by the

hospital and it is -- you know, it's a frequent place

for the seniors and kids and the leagues from the

community throughout the city. In fact, we've already

got a significant number of leagues and groups already

booked for the 2004 season.

We do have plans as you well know for

the extension of the hospital. Unfortunately we're

involved in some litigation with some of the other

hospitals in the community who are questioning the

what is called a certificate of need to expand the

hospital. There is an effort to try to resolve that.

 

 

There is a lot of parties involved so it isn't going

to be easy.

Is it going to be resolved,

hopefully, yes. When will it be resolved, I don't

know. It could be two months, three months, four

months. It could be forty months we don't know. As

soon as we hopefully get the certificate of need, we

being the hospital, we plan to begin the expansion of

the hospital. I'm sure you've probably seen this

before but I'll put it up here again.

Now, if you remember, we had that

little road there. That's the road right there. You

drive into the golf course. This is the existing

hospital. The building we're talking about is right

here. So you can see that all of that is going to be

gone. This building is the new hospital, hopefully we

intend to build. So all of this property which is the

golf course will be done. There's a proposed loop

road. There's ancillary developments here. It's

quite a significant development for the city.

We think that the extension and

continued use of the golf course is certainly a lot

better than allowing it to just sit there and laying

foul and weeds growing and not used. It's a service

 

 

to the community. We are presently in the process of

transferring the liquor license from Pikeshire (ph)

which was the operator of this place for many, many

years to Advant which is a fiduciary.

If you have any questions we're ready

to answer those. How long you propose to give us we

would like to have two years. We would not be opposed

if you wanted us to come back after a year and give

you an update on our progress. I mean, we would even

be willing to commit that if the certificate of need

is issued to the hospital. That golf course is

probably going to be gone within a year. Because

we'll immediately start construction. That's the

plan. So if you have any questions we're ready to

answer those.

CHAIRPERSON GRONACHAN: Is there

anyone in the audience that wishes to make comments in

regards to this case?

Seeing none, there were seven notices

sent. No approvals, no objections. Building

department?

MR. SAVEN: As you are aware this was

a use that was continuous over the years. The

hospital, the beginning of Providence Medical Center

 

 

did start. There was intentions of continuing, but,

again, the gentleman indicated a certificate of need

was one of the issues that needed to be addressed.

This was under previous temporary use

permits in the past. We did have a couple of concerns

over there. We had addressed those concerns and did

take care of those concerns. The gentleman also

indicated the fact that he is looking for

approximately two years or sooner but he is willing to

come back after a year for maybe a progress update

which would probably give you an idea of what is

taking place with that progress.

CHAIRPERSON GRONACHAN: Board

members?

Member Sanghvi?

MEMBER SANGHVI: Thank you, Madame

Chairperson. I think this total affair has given a

different word to the meaning temporary. It's been

going on since 1992 and now in 2004. Notwithstanding,

I have no problem with granting the extension for a

period of one year. Thank you.

CHAIRPERSON GRONACHAN: Member

Brennan?

MEMBER BRENNAN: I might add that

 

 

Mr. Bauer was given a three year term 25 years ago.

MEMBER SANGHVI: That is temporary.

MEMBER BRENNAN: This is a temporary

use and we know that in time if things go right it

will come down. I have no problem with it at all.

CHAIRPERSON: Member Bauer?

MEMBER BAUER: Hey, your rates are

pretty cheap too. Very good. Nice little course. I

think you should go ahead and continue on. I make a

motion -- go ahead.

CHAIRPERSON GRONACHAN: Member

Fischer?

MEMBER FISCHER: I agree. Especially

considering the prices and how it does fit into my

budget when I do play there. So, yes, I agree that

one year would be sufficient.

CHAIRPERSON GRONACHAN: Okay. Were

you about to make a motion, Member Bauer?

MEMBER BAUER: With regard to Case

03-118 that the variance be granted for a period of

one year due the availability of the hospital not

getting their certificate at this point.

MEMBER SANGHVI: Second.

CHAIRPERSON GRONACHAN: It's been

 

 

moved and seconded. Is there any further discussion?

Seeing none, Denise, please call the

roll.

MS. ANDERSON: Member Gray?

MEMBER GRAY: Yes.

MS. ANDERSON: Member Bauer?

MEMBER BAUER: Yes.

MS. ANDERSON: Member Brennan?

MEMBER BRENNAN: Yes.

MS. ANDERSON: Member Fischer?

MEMBER FISCHER: Yes.

MS. ANDERSON: Member Gronachan?

CHAIRPERSON GRONACHAN: Yes.

MEMBER SANGHVI: Yes.

MS. ANDERSON: Motion passes six to

zero.

MR. SAVEN: Madame Chair, before

they leave please get yourselves in line one year from

now and make sure you come back before us at that

time. Do not forget.

MR. CARLIN: I will make sure.

 

 

Case No. 04-007

CHAIRPERSON GRONACHAN: Moving right

along. We'll call the next case, 04-007, filed by

Mark S. McPherson of Merritt McPherson Cieslak, PC for

Crosspointe Meadows Church formally Redford Baptist

Church. Good evening.

MR. McPHERSON: Good evening.

CHAIRPERSON GRONACHAN: Are you

Mr. McPherson? Are you an attorney?

MR. MCPHERSON: I'm an architect.

CHAIRPERSON GRONACHAN: Okay. Will

you raise your right hand and be sworn in by our

secretary.

MEMBER BAUER: Do you solemnly swear

or affirm to tell the truth regarding case 04-007?

MR. McPHERSON: Yes, I do.

MALE SPEAKER: Yes.

MR. McPHERSON: Thank you, as you can

see in the write-up I'm here this evening to request

an extension to the preliminary site plan approval

which was granted to Crosspointe Meadows Church which

in March of 2000 the original approval was granted and

known as Redford Baptist Church. We are here to

present our case for unforseen economic events based

 

 

on Section 2516.7.F, section three. And the

background behind this is the Redford Baptist Church

has been worshiping in Redford Township for

approximately the last 25 years in Grand River Road

and Seven Mile. In 1999, 2000 they purchased the

property that was granted the approval on Meadowbrook

Road and they have been actively engaging in trying to

move from the facility since that time. The unforseen

economic events that have occurred during that time

have included the fact that two other church groups

have attempted to purchase their property. They have

been unable to get the financial backing to do so.

There is currently a third church that is actively

involved in trying to purchase the church. There is

an option on the church. We've actually had an

extension granted to that option and both parties are

working toward a closing date within the purchase

agreement timeline of April 21st. So they're actively

working towards the agreement to try to sell the

church which will provide the seed money to allow the

church to proceed further and begin a capital campaign

as the enthusiasm and momentum was built on the

congregation and develop the funds that would allow

them to build the property on Meadowbrook Road.

 

 

The church has already made a

commitment to Novi. They own the property free and

clear on Meadowbrook Road. They have actually been

working in or near November since October of 2002.

They first worshiped in October of 2002 in Commerce

Township and have since Easter of 2003 have been

worshiping here at the Novi Civic Center. They have

also vacated their offices in their existing facility

on Grand River and have moved to offices in Novi on

Grand River just west of Haggerty Road. So their

entire operation has moved to Novi. They also had

Vacation Bible School at Meadowbrook School in July

2003 and have rented the Novi Civic Center for special

events and certain occasions for the church. The

church itself in Redford is ready for almost immediate

occupancy by the buyers. There is very little move

out time for the rest of the things that are left

behind that the church is not using at this point.

Again, with the sale of the church,

they feel that the capital campaign would gain

momentum and they would be able to make the funds to

develop the property on Meadowbrook Road. All efforts

will be made to raise necessary funds for the phase

one work and feel that there is a very good chance

 

 

that this will occur in 2005 and that's the request

that we are asking for an extension for and also it's

going to that the clinic has expended over is $100,000

to gain the original preliminary secondary approval

and while not all of this would have to be respent

some of that would have to reincurred to renew that

approval for the preliminary site plan. I would be

happy to answer any questions you might have.

CHAIRPERSON GRONACHAN: Thank you.

Is there anyone in the audience at

this time that wishes to make a comment in regards to

this case?

Seeing none. There were 46 notices

sent. No approvals, no objections. Building

department?

MR. SAVEN: Just a couple of

questions. Once again, the target date or the drop

dead date for the papers to be signed, all the legal

work, what was that date?

MALE SPEAKER: April 21st.

MR. SAVEN: April 21st?

MR. McPHERSON: April 21st, that's

correct.

MR. SAVEN: So you're under

 

 

preliminary site plan approval right now?

MR. McPHERSON: That's correct. That

was granted on March 1st, 2000 and we had three one

year extensions since that time.

MR. SAVEN: And we're going to be

looking for an extension of one year?

MR. McPHERSON: Correct.

MR. SAVEN: That's good. That's

all.

CHAIRPERSON GRONACHAN: Anything

else?

MR. SAVEN: That's it.

CHAIRPERSON GRONACHAN: Board

members? Member Sanghvi?

MEMBER SANGHVI: How often do you

grant an extension?

MR. SAVEN: This is very unusual but

unfortunately sometimes there are extenuating

circumstances. Sometimes it deals with utilities that

become available and how soon they become available.

It can be legal matters based upon what this gentleman

is experiencing right now. I do think there are

extenuating circumstances regarding this case.

CHAIRPERSON GRONACHAN: Member

 

 

Brennan?

MEMBER BRENNAN: Well, the criteria

for a variance is demonstrative of hardship. And I

think there's no question that there's been an

economic hardship for the last two years in particular

and he's got piled upon that other things going on.

There seems to be some light at the end of the

title -- tunnel and I'm prepared willing to grant the

variance.

CHAIRPERSON GRONACHAN: Anyone else?

Member Gray?

MEMBER GRAY: Mr. McPherson, one of

the reasons you cited in here on your request was

"technical review of the site plan have raised

unforseen development problems." Can you expand on

that a bit?

MR. McPHERSON: On the application?

MEMBER GRAY: Um-hmm.

MR. McPHERSON: Actually, it's more

addressing the development. It's a five phase

development we propose for the facility. At this

point we're looking to developing simply the first

phase of the development. We realize the ordinance

has changed since we were granted approval in 2000,

 

 

storm water and landscaping. We did receive a letter

from Timothy Schmitt of the planning department and he

did say that if this would be granted this evening

that we would have to meet it to the extent possible.

MEMBER GRAY: I also have no

problems with this request. I know that it's for us

to be both granting an extension simply because the

planning department can't. Interestingly enough my

father ran the addition to Redford Baptist Church when

it was expanded and he offered to let me climb the

ladder to put the steeple up. A long time ago and I

would like to see this congregation consider your

commitment to the city. Thank you.

CHAIRPERSON GRONACHAN: Anyone else?

MEMBER BRENNAN: I'll make a motion.

I think we have support with respect to case 04 dash

007 I would move that we grant a one year extension of

the preliminary site plan due to the burden that the

petitioner told us about tonight.

MEMBER BAUER: Second.

CHAIRPERSON: It's been moved and

seconded. Is there any further discussion on the

motion?

Seeing none, Denise, would you please

 

 

call the roll.

MS. ANDERSON: Member Gray?

MEMBER GRAY: Yes.

MS. ANDERSON: Member Bauer?

MEMBER BAUER: Yes.

MS. ANDERSON: Member Brennan?

MEMBER BRENNAN: Yes.

MS. ANDERSON: Member Fischer?

MEMBER FISCHER: Yes.

MS. ANDERSON: Member Gronachan?

CHAIRPERSON GRONACHAN: Yes.

MS. ANDERSON: Member Sanghvi?

MEMBER SANGHVI: Yes.

MS. ANDERSON: Motion passes six to

zero.

CHAIRPERSON GRONACHAN: I could ask

the audience for complete silence. It's very

difficult to concentrate and hear a petitioner up here

so the side bar is rather distracting. So I'm going

to ask the audience to please pay attention and if you

have anything to discuss to take it outside.

 

 

Case No. 04-008

CHAIRPERSON GRONACHAN: Let's call our

next case. Case 04-008 filed by Mark McPherson of

Redford Baptist Church and this is a request for

permission to allow the sign to remain for a period of

one year.

MR. McPHERSON: It's a very simple

request. The sign is out there now that says the

future home of Crosspointe Meadows Church as well as a

smaller script that has the service times below it.

We're requesting that that be renewed and we're

allowed to keep that on the property so that everyone

is aware that the church is going to be built here

soon and aware of the location and where they're

worshiping now as well.

CHAIRPERSON GRONACHAN: Is there

anyone in the audience in regards to this particular

case?

Seeing none. There were 46 notices

sent. Again, no approvals, no objections. Building

department?

MR. SAVEN: Only that I want the

board to be aware that there was verbiage that was

added to this sign against previous approval.

 

 

CHAIRPERSON GRONACHAN: Board

members?

Member Gray?

MEMBER GRAY: One of the reasons I'm

assuming that this plan extension is being requested

is so the job runs concurrent with the preliminary

site plan approval and I really don't have a problem

with the additional area on the sign as it says. The

only thing I'm disappointed in is that the

petitioner's knew that there were variances requested

for this size sign and should have come to us before

putting up the additional information.

CHAIRPERSON GRONACHAN: Okay. Anyone

else? Member Brennan?

MEMBER BRENNAN: I'll point out as

well for the record that they've moved out of the

church of Redford and this is giving them

identification where their temporary services are. I

think that it's only natural And I don't have any

issue with that.

MEMBER BAUER: I don't have no

problem.

CHAIRPERSON GRONACHAN: Any further

discussion? Is there a motion?

 

 

MEMBER BRENNAN: 04 dash 008 I would

move that the petitioner's request be approved for the

purpose of identifying a site and identifying where

temporary services are to be held.

MEMBER BAUER: Second.

MEMBER SANGHVI: Second.

CHAIRPERSON GRONACHAN: It's been

moved and double seconded. Is there any further

discussion?

Seeing none, Denise, you can please

call the roll.

MS. ANDERSON: Should we be adding a

time limit to the sign motion?

MEMBER BRENNAN: A what?

CHAIRPERSON GRONACHAN: A time limit?

MEMBER BRENNAN: One year, I'm sorry.

A time limit of one year. I'm sorry, yes, please.

MS. ANDERSON: Okay. Member Gray?

MEMBER GRAY: Yes.

MS. ANDERSON: Member Bauer?

MEMBER BAUER: Yes.

MS. ANDERSON: Member Brennan?

MEMBER BRENNAN: Yes.

MS. ANDERSON: Member Fischer?

 

 

MEMBER FISCHER: Yes.

MS. ANDERSON: Member Gronachan?

CHAIRPERSON GRONACHAN: Yes.

MEMBER SANGHVI: Yes.

MS. ANDERSON: Motion passes six to

zero.

 

 

Case No. 04-010

CHAIRPERSON GRONACHAN: Our next case

is 04-010 filed by Ann Nona Novi of Gateway Village of

Novi at the corner of Grand River Avenue Portico

Lane. The applicant is requesting permission to allow

the sign to remain for a temp period of one year.

MR. SHOCKER: Hi. I am Mike Shocker

(ph) on behalf of Gateway Village of Novi. And also

Ann Nona with Gateway Village of Novi is here.

CHAIRPERSON GRONACHAN: Would you

raise your right hand and be sworn in by our

secretary.

MEMBER BAUER: Do you solemnly swear

or affirm to tell the truth regarding case 04-010?

MR. SHOCKER: I do.

MS. NONA: Yes.

MR. SHOCKER: Basically, as I think

the board knows, we have an existing sign in front of

our condo development on Grand River and the corner of

Portico. The original approval was for one year as it

is a temporary. It's a temporary construction sign

and we are requesting an extension of one year as we

work through our sales and construction phase of

Gateway Village of Novi.

 

 

CHAIRPERSON GRONACHAN: Thank you.

There were 19 notices sent. Four approvals including

the applicant approved as well. I thought I'd note

that.

Is there anyone in the audience that

wishes to make comment in regards to this case?

Seeing none. Building department?

MR. SAVEN: What's the percent of

construction completed on your product now?

MR. SHOCKER: Well, we have four

buildings in the air. As you know, you know, if we go

through. It's 18 total buildings for a total of 184

condos. Right now we're at -- say about 50 condos

that are in the air. Fifty condos are in the air

right now.

CHAIRPERSON GRONACHAN: Board

members?

Member Sanghvi?

MEMBER SANGHVI: I just had one

question in lieu of the fact that only half the work

is done maybe we can extend it for maybe one year.

MR. SAVEN: Just one year.

MEMBER SANGHVI: Standard procedure,

one year?

 

 

MR. SAVEN: That's it. We only

petitioned for one year. We would have to

republicize.

MEMBER SANGHVI: I have no problem

with this sign.

CHAIRPERSON GRONACHAN: Member

Brennan?

MEMBER BRENNAN: I was going to say

the same thing and ask the same question. I think if

the board is all nodding I'll make a motion to keep

things going.

CHAIRPERSON GRONACHAN: Okay.

MEMBER BRENNAN: With respect to

04-010 I would move that the petitioner's request for

an extension of one year be approved.

MEMBER SANGHVI: Support.

CHAIRPERSON GRONACHAN: It's been

moved and seconded. Is there any further discussion

on the motion?

CHAIRPERSON GRONACHAN: Seeing none

Will you please, Denise, call the roll.

MS. ANDERSON: Member Gray?

MEMBER GRAY: Yes.

MS. ANDERSON: Member Bauer?

 

 

MEMBER BAUER: Yes.

MS. ANDERSON: Member Brennan?

MEMBER BRENNAN: Yes.

MS. ANDERSON: Member Fischer?

MEMBER FISCHER: Yes.

MS. ANDERSON: Member Gronachan?

CHAIRPERSON GRONACHAN: Yes.

MEMBER SANGHVI: Yes.

MS. ANDERSON: Motion passes six to

zero.

MR. SHOCKER: Thank you.

CHAIRPERSON GRONACHAN: You're all

set. Thank you very much.

 

 

Case No. 04-011

CHAIRPERSON GRONACHAN: Our next case

is 04-011 filed by A. Nels Carlson for 1361 South Lake

Street. Mr. Carlson is requesting two variances for

the construction of a new home located at 1361 South

Lake. Good evening.

MR. CARLSON: Good evening, board

members.

CHAIRPERSON GRONACHAN: Before you

start I'm just going to note. I'm going to jump in

here for a second.

MR. CARLSON: Sure.

CHAIRPERSON GRONACHAN: I want to

indicate that this is the case that Mr. Saven spoke of

in which the objection -- I'm sorry. You didn't talk

about this one, did you? You talked about other one.

All right. We're going so fast. There was an

objection filed with the city after three o'clock.

MR. CARLSON: I'm aware of that. I

spoke with Denise.

CHAIRPERSON GRONACHAN: And Denise

made you aware of that and I just want the board to

know I accepted it after three o'clock.

MR. CARLSON: That's fine. I know

 

 

Chris and he's a nice fellow and has a right to his

opinion and that's okay.

I'm Nels Carlson. I swear to tell

the truth.

MEMBER BAUER: Do you solemnly swear

or affirm to tell the truth regarding Case 04-011?

MR. CARLSON: I do, yes. I didn't

know you can approve your own. Is that true? I would

like to file my own personal approval since it's my

piece of land. As it's an interesting site. The

request here is for two variances. One for the east

side of the section for a patio, four and a half feet

approximately and the second is for a rear yard for

our three car garage. Like a lot of people I would

like to have a three car garage. The purpose of the

request for the variance is we would like to build a

new home and at the same time like to reserve as much

as we can. The character of the area is a natural

area. The reason we're requesting, why are we doing

it? This is a unique lot. Most of the lots over

there on South Lake Drive in and around the lake are

different shapes and have unique characters. There is

both wetlands and woodlands on my property and we are

doing the best we can to preserve as much of that as

 

 

possible.

There is a little prior history

here. There have been at least two or perhaps three

different proposals going back 1996 all of which were

requesting a home to be built precisely where -- but

not precisely but approximately where we are asking to

have it built behind the wetlands. I don't know if

any of those ever came before the board or not. I do

have a copy of Mr. Hand's plot land from '98 and also

a copy of the DEQ approval where he was going to fill

-- do some pretty extensive fill of the wetlands and

got permission to do that.

I also got copy of the Piletes (ph)

plot land, which we purchased the property from the

Piletes. There house wasn't going to invade the

wetlands or come anywhere near it or even get inside

the wetlands buffer. What we have done is try to move

the house to the east and back or to the south so that

we stay out of that and I think we've accomplished

that.

In fact, my desire to stay out of the

wetlands was so great That I put in a third request

just so my driveway would keep out of it, But it turns

out I don't need that. I just misread the map

 

 

itself. We have -- we also filed a request for a

similar variance for the same piece of property about

two years ago.

My wife is a decorative artist and

see her over there, Delores. I got an architect to

build it, I think Gugenheim, and it is certainly

beautiful to look at. You folks would agreed to

approve it but nobody would build it so it's not

there. The current request is ours and it is to try

-- I mean, it's different from the prior plot plans

and what we have done is to try to keep it out of the

wetlands and keep it out of the buffer. Put it in the

-- we've got a unique piece of property. We're trying

to put it in the spot that is in my mind the best spot

and most viable spot to build a home over there.

I have talked to my neighbors. All

of them, all of them that have certainly submitted

anything. I have approval from Pete and Grace Light

who are immediately to the left and I suspect would be

the most effective since the side yard request is with

respect to them. I did not talk to the neighbors on

Lily Trail but I've talked with Jacqueline at some

point who sent the approval from Lily Trail. She's

sort of directly behind the property, the second house

 

 

in on Lily Trail as you go east.

Before this afternoon there was only

one objection that I was aware of and that was my

neighbor to uniquely to the west Gabriel. I talked to

Gabriel. Frankly, I had a little trouble

communicating with him. He's a very nice fellow and I

thought we had a very strange conversation. We were

talking at one point about the house not being on sale

and duty to my ears and things of that nature and

forget it I'm not trying to sell it I want to build it

and live in it.

In any event, he filed an objection

and I guess I would like to address my belief on the

objection. I just think that he's mistaken in what he

says. It seems to be that he doesn't like a house on

the back of his property. That's really not what I'm

asking for. Every side in the house has been proposed

that's where it's been. I think that's the most

likely place for it to be. What we're saying is that

by pushing it from away that means we need to decide

whether to move the rear yard variance.

Frankly, moving the house the way

we've done it is further away from there rather than

closer. He had, basically, three concerns. First is

 

 

a loss of privacy. Maybe we just feel differently

about this. I guess we do. My thing is putting it

where we're proposing to put it will make it more

private rather than less. It's going to be in the

woods where at least no one can see the house. But

there is going to be a loss. There is going to be a

home there rather than vacant land. There's no doubt

about that. So I guess there is some loss of privacy.

He's concerned about a loss of

morning sun. I really don't understand this. There

is a bunch of trees twice as high as anything I'm

going to build there. Whatever they do to his patio

or sunroom is not going to make a difference.

The last concern he expressed is it

would somehow lower the value of his house. I just

don't agree with that. I'm not a real estate expert.

I don't know. I don't presume to know what real

estate values are. I think potentially it's going to

increase the value of this home rather than decrease

it. Rather than having a vacant piece of property

next to him he's going to have somebody that is

building a home there. At the very least I don't

think it would have deterious effect at all. I would

respectfully respect that the board grant the

 

 

variance.

CHAIRPERSON GRONACHAN: Okay. Is

there anyone in the audience that wishes to make

comment in regards to this case?

Seeing none. There were 17 notices

sent. Two approvals and the two objections that I

spoke of earlier. Petitioner did address Mr. Hito's

objection. Gabriel Hito at 1381 and I will not reread

it because he eloquently capped off what he had to

say. Mr. House lives at 1341 South Lake Drive. He

objects to the variance being approved on the basis of

the placement of the home on the rear of the parcel.

Unlike all other homes bordering this woodlands

including his would place the home in direct view from

the rear of his home, interrupt the woodlands and

decrease his property value. Currently --

MR. CARLSON: Deer.

CHAIRPERSON GRONACHAN: "Deer and

other wildlife visit my back yard on a regular basis.

A site me and my family enjoy. Placement of the home

on the rear of the lot will reduce or eliminate deer

movement and will be a visible detractor from the

woods. All of the homes on South Lake bordering these

woods were made to fit on the front of the lots. I

 

 

believe an alternate placement of this house is

possible that will not disturb the woodlands."

MR. CARLSON: I have a couple of

points if I may?

CHAIRPERSON GRONACHAN: You need to

wait at this point.

And we have an approval from

Jack Shaney (ph) at 29925 Lily Trail and we have an

approval from Kirk J. Light at 1351 South Lake Drive.

Building department?

MR. SAVEN: If there was any parcel

of land that was very difficult this one certainly

was. As indicated earlier on Mr. Carlson had been

before us before. When we were attempting to deal

with what is called a similar ordinance in the

placement of this home in the same location at that

time. Mr. Carlson's property backs up to a wetlands

area. It is not backing up to the rear yards of

anybody. This is a wetlands area and I believe it

probably becomes state regulated area or anything or

something in that particular area. We also have

concerns as far as the building department is

concerned because this is a new configuration of the

building to ensure we weren't going to have problems

 

 

in that particular area but that was cleared out from

the state regulated area wetlands requirement.

Based on the fact it is a wooded

wetlands he would still have to follow the same

procedures as he would to obtain the permit. As far

as building the building in the front parcel I think

we would have more of a problem in that particular

area strictly for the fact of that location of the

wetlands extenuating. As you can see it probably

divides the property right about in the middle area.

Now, I know I had a GIS photograph that was done with

regards to that parcel of land and you can basically

see that particular area in terms of how much wetland

was involved. But regardless of that, I know that

people have been before you before in regards to the

sides of the garage and things of that nature.

Especially around the lake side and that everyone

around the lake side needs additional space for

putting in boats and stuff and getting them out of the

open storage, this type of thing, and I think this is

what Mr. Carlson is trying to do.

CHAIRPERSON GRONACHAN: Okay. Board

members. Member Gray?

MEMBER GRAY: I think this is

 

 

probably the best use of this property that I've seen

proposed and I've been aware of the previous

configurations and I've been aware of all the new

construction in the area for many, many, many years.

I think that the petitioner has tried to work with the

property and that the variances requested are very

appropriate to stay out of the wetlands and the

woodlands in that area but they are significant.

Have you done any boorings on this

property?

MR. CARLSON: That will be next. As

soon as the decision made by the board that is

favorable.

MEMBER GRAY: The reason I ask is if

you look at the old Army core of engineer surveys of

the land there is all sort of dumps around there and

you will probably want to be very conscious of that.

I don't know that there will be a detriment to the

wildlife in the area. I live just about a quarter

mile to the east and in a very, very more densely

built area from the 30s and 40s. I still get deer in

my yard all the time and they don't care where they

go.

MR. CARLSON: I can't keep them out.

 

 

MEMBER GRAY: They're just there and

they're going to continue to be there. We hope. So I

have no problem to this. I don't think it's going to

be a detriment to the area at all. I think it's going

to be an improvement and I would much rather see

something like this than somebody trying to fit

something on the front of the property that is just

not going to work and I congratulate you for your

efforts. Thank you.

MR. CARLSON: Thank you.

CHAIRPERSON GRONACHAN: Any other?

Member Brennan?

MEMBER BRENNAN: I'll point out the

obvious that while we had a couple of people that

weren't interested in this petitioner's request I

didn't hear anything in their content that made any

sense to me. To deny this guy to build a house on

this piece of property that he owns for fear they're

not going to see deer in the back yard doesn't hold

any water and I didn't see or hear any information

presented tonight by his next door neighbor that made

any sense at all. So I discredit both for the

denials. And like Sarah, finally, this is probably

the best use.

 

 

CHAIRPERSON GRONACHAN: Anyone else?

I will concur with both members and

the reason why I will pipe up and say something this

evening in regards to that because residents need to

understand how important it is that each of us have a

right to do what we want to do with our property. And

I think that you made a brilliant display on trying to

say what it is that you could say and you had a very

unique and very difficult piece of property to work

with and I don't think that's -- and I think you made

every effort to contact your neighbors to be a good

neighbor in an attempt to build a nice home and I

commend you on that and I will be supporting you as

well.

MEMBER GRAY: I think Mav is making a

motion.

MEMBER SANGHVI: If you are making a

motion go ahead.

MEMBER GRAY: In the matter of Case

04-011 move to approve the variance requested due to

the unique topographical features of the property and

the petitioner's request to preserve those features.

And, further, that there is no construction to the

immediate south that would be impacted by this

 

 

variance.

MEMBER SANGHVI: Second.

CHAIRPERSON GRONACHAN: Okay. It's

been moved and approved and we have no problem with

the patio four feet four inches as well?

MEMBER GRAY: No.

CHAIRPERSON GRONACHAN: Is there any

further discussion?

Seeing none, Denise would you please

call the roll.

MS. ANDERSON: Member Gray?

MEMBER GRAY: Yes.

MS. ANDERSON: Member Bauer?

MEMBER BAUER: Yes.

MS. ANDERSON: Member Brennan?

MEMBER BRENNAN: Yes.

MS. ANDERSON: Member Fischer?

MEMBER FISCHER: Yes.

MS. ANDERSON: Member Gronachan?

CHAIRPERSON GRONACHAN: Yes.

MS. ANDERSON: Member Sanghvi?

MEMBER SANGHVI: Yes.

MS. ANDERSON: Motion passes six to

zero.

 

 

CHAIRPERSON GRONACHAN: Your variance

haves been granted. Please see the building

department.

MR. CARLSON: Thank you.

CHAIRPERSON GRONACHAN: Good luck.

MR. CARLSON: Thanks very much. It's

been a long goal.

MEMBER GRAY: Do you have like a

board?

MR. CARLSON: Well, yeah, I come back

from the year of my birth, 1946, and chose the area

that I'm building on and designated it as good luck.

Okay. So that gives you some

indication. Yes, I guess I'm going to have some board

as well. My neighbor to the east he put in a post to

my line and Gabriel did not.

CHAIRPERSON GRONACHAN: Good luck.

MR. CARLSON: Thank you.

 

 

Case No. 04-12

CHAIRPERSON GRONACHAN: I'll call the

next case, 04-012, filed by Gregory Gluck for Fox Run

Village at 41000 West 13 Mile. Mr. Gluck is

requesting permission to allow the sign to remain for

an appropriate amount of time as determined by the

board.

Good evening.

MR. GLUCK: Good evening.

CHAIRPERSON GRONACHAN: Are you

Mr. Gluck?

MR. GLUCK: I'm Mr. Gluck.

CHAIRPERSON GRONACHAN: Please raise

your right hand and be sworn in by our secretary.

MEMBER BAUER: Do you solemnly swear

or affirm to tell the truth regarding Case No. 04-012?

MR. GLUCK: Yes, I do.

MEMBER BAUER: Thank you.

MR. GLUCK: As Madame Chairman said

we are requesting permission for our construction

identification sign to remain for an appropriate

amount of time as determined by you the board. Our

current sign is of high quality design and

construction as well and landscaped and maintained.

 

 

It is not a vehicular or pedestrian hazard. It is

internally lit for no glare. And as far as our

construction and progress is going, phase one, we have

two new buildings that will be going up this year and

we'll finish next year.

We have phase two final site approval

in progress right now with construction appropriately

to commence this year and we will go to the year 2008.

CHAIRPERSON GRONACHAN: Anything

else?

MR. GLUCK: That's it.

CHAIRPERSON GRONACHAN: There are

17 notices sent. No approvals. No objections. One

letter was returned.

Is there anyone in the audience that

wishes to make a comment in regards to this case?

Seeing none. Building department?

MR. GLUCK: Only that I believe

Mr. Gluck is very much aware as far as responding to

notices that had been sent. This is a very major

project and we do have notices that are sent out but

there's a lot of times that there is a

miscommunication going on between quite a few parties

that is part of this. But the bottom line is they're

 

 

aware of the situation and will be more in tune to

responding to these notices in the future.

CHAIRPERSON GRONACHAN: Board

members?

Member Brennan?

MEMBER BRENNAN: Are you with

Erickson?

MR. GLUCK: Yes, I am. I am the

involvement director.

MEMBER BRENNAN: Can you explain why

we were sending you letters since July and didn't get

any response?

MR. GLUCK: As Don Saven had said

letters were sent and get lost. They to the wrong

place. They go to Baltimore. They don't come to

Novi. Many reasons.

MEMBER BRENNAN: Two went to Novi,

one went to Bingham Farms and one went to Baltimore.

Don seems to not have that big of a

problem.

MR. SAVEN: No. I do have a problem.

When someone sends a notice of violation and if they

don't respond one time there is certainly issues

behind it, but because of the size of the development

 

 

and there's a lot of people that are involved in every

phase of this development and sometimes it gets to be

a little bit difficult of who's on first and what's on

second. When I received this notice from Al I just

about flipped out because this doesn't happen.

Fortunately, I don't mean flipped out

but, you know, from the standpoint it got me very

upset because this city's based upon that particular

compliance and dealing with the ordinances and I did

approach them in regards to this issue and they're

certainly aware that they're going to pay a little

more attention to the idea that we have to have a

go-to person that is representative of their company.

And that's that gentleman right there.

MEMBER GRAY: And we have figured out

who is going to whom?

MR. GLUCK: Yes.

MEMBER GRAY: Mailing addresses all

figured out now?

MR. SAVEN: Personal.

MEMBER GRAY: Very good.

CHAIRPERSON GRONACHAN: Member Gray?

MEMBER GRAY: That having been said,

I would be prepared to make a motion to approve this

 

 

variance for a period of one year and for the purposes

of continuing advertisement of the project and I know

it's a huge project.

MEMBER BAUER: Second.

CHAIRPERSON GRONACHAN: It's been

moved and approved. Is there any further discussion

in regard to this matter?

Seeing none, Denise, would you please

call the roll.

MS. ANDERSON: Member Gray?

MEMBER GRAY: Yes.

MS. ANDERSON: Member Bauer?

MEMBER BAUER: Yes.

MS. ANDERSON: Member Brennan?

MEMBER BRENNAN: No.

MS. ANDERSON: Member Fischer?

MEMBER FISCHER: Yes.

MS. ANDERSON: Member Gronachan?

CHAIRPERSON GRONACHAN: Yes.

MS. ANDERSON: Member Sanghvi?

MEMBER SANGHVI: Yes.

MS. ANDERSON: Motion passes five to

one.

MR. GLUCK: Thank you.

 

 

CHAIRPERSON GRONACHAN: We hope to

hear from you on a more regular basis. Good luck.

MR. GLUCK: Next year.

MEMBER GRAY: If not sooner.

 

 

Case No. 04-013

CHAIRPERSON GRONACHAN: Go ahead and

call our next case, 04-013, as filed by Greg Gnatek at

1947 West Lake Drive. The petitioner is requesting

three side yard setback variances for construction of

a new home. Good evening.

MR. GNATEK: Good evening.

CHAIRPERSON GRONACHAN: And you

are --

MR. GNATEK: Greg Gnatek.

CHAIRPERSON GRONACHAN: Okay. Would

you like to raise your right hand, please, and be

sworn in by our secretary.

MEMBER BAUER: Do you solemnly swear

or affirm to tell the truth in the case 04-013?

MR. GNATEK: I do.

Earlier this week I provided you with

some packages. I hope everyone received them in

time. In these situations I'm not terribly well

spoken so I try to do most of my communication this

way. I do apologize that those were issues rather

late in the process.

However, what we're looking to do is

the variances that we are asking for do not span the

 

 

entire length of my house. The north side -- the

variances are staggered. On the north side the

variance that we're looking for is approximately 25

feet in length and on the south side the variance is

the length of the garage.

Our goal tonight is to center our

home on our property which is currently two feet off

the north property line thus reducing the fire hazard

ability to leave space for emergency vehicles to

access the space. I currently have a garage that is

four feet off the street making it a hazard to

oncoming traffic and pedestrians. I've been in the

design phase of this home for about a year trying to

create a home that would make it a safer and strike a

balance between a nonconforming lot and the current

building codes.

Is there any questions?

CHAIRPERSON GRONACHAN: When we

address the board we'll have any questions.

Is there anyone in the audience that

wishes to make comments with regards to this case?

MR. OLIVER: Good evening. William

Oliver, 2009 West Lake Drive. We're approximately

five houses down from Mr. Gnatek. I've had a chance

 

 

to look at his elevations and the plan that he's

proposed? From my perspective it's a minimally

invasive request that he's making. Very nominal. The

house that he's proposing is going to add great value

to the surrounding community. It does conform to the

houses that are directly adjacent and across the

street, the new development over there somewhat. And

his use looks very ascetically pleasing to the eye and

it's a much needed improvement done in our community

that a lot of the houses down there are in severe

decay and I think -- and hopefully the board in its

wisdom will not put up any road blocks to Mr. Gnatek's

proposal. I think he's done a really nice job with

what he is proposing to put in the community. Thank

you.

CHAIRPERSON GRONACHAN: Anyone else?

There are 34 notices sent. Three approvals. One

letter returned.

Building department?

I'm sorry.

MS. GLASHFIELD: Thank you. My name

is Debra Glashfield. I own the property at 2105 West

Lake Drive. Just a little bit down the street from

where he's proposing to build. I just wanted to come

 

 

in this evening and say That I totally support what

they're asking for. I think it would be a great

addition to the neighborhood. It's in an area --

specifically the lot they're looking at is a property

that is definitely in need of some improvement.

What they're proposing -- although I

haven't seen actual plans, I have seen a sketch of

what they're proposing. It's very attractive and very

much in line with what belongs in that area as an

improvement. It will add a great deal of value to

neighborhood and I would like to see everyone support

it. Thank you.

MR. COSIEN: Good evening. My name

is Cosien. I live at 1523 West Lake Drive. I too

stood in front of this board in 1998 to build my lake

front home. This is a very difficult area to build

in. The land was planted eight years ago but its use

is regulated with current ordinances. The cost of

this land has skyrocketed to replacing cottages with

new cottages can be somewhat of a financial burden. I

met with Greg on Saturday and he shared his plans with

me. I feel Greg has done a suburb job in designing

the home. It's obvious a lot of time went into the

planning process. Greg told me that he is changed the

 

 

position of the home to accommodate the neighbor to

the south, which I thought was proactive on his part.

I feel the width of the house is

important to make the home look architecturally

correct. I hope that all of you had a chance to drive

down West Lake Drive tonight or in the recent past

days to see the property. If so, it doesn't take long

to know that the area is in dire need of these type of

improvements. Greg and Julie should be commended for

removing this very expensive eyesore and replacing it

with a beautiful new home. If you approve, this will

be a huge step forward in improving that area.

I also feel it is important for you

to know that Greg and Julie just recently sold a home

just eight homes down in which they took an old lake

front cottage and turned it into a year round home and

lived in it for eight and a half years prior to

outgrowing it. It is obvious Greg and Julie are

dedicated to improving that area.

To summarize Greg has the neighbors'

approval. The variances are modest. The width of the

home is necessary to allow for the design and he's

removing a huge eyesore from the city of Novi. I

don't see any rhyme or reason why he should not be

 

 

granted these variances. This is a win, win, win,

situation and I hope that you all agree.

CHAIRPERSON GRONACHAN: We have

another one.

MR. HAGAR: Good evening. My name

is Jeff Hagar, 2109 West Lake Drive. I'll try and be

very brief.

The petitioner had an opportunity to

show me the architecture plans and the placement of

the property. And I have a high level of confidence

that his intentions are honorable. I believe that the

variance requested is relatively insignificant in the

big picture. It is certainly well within the means of

the property. I believe that from an architecture

standpoint the strategy that is being used in order to

take a home that is currently just a few feet off the

road and is proportioned on the property line,

leveling that, repositioning with an architecturally

correct home that is position to be well-consumed on

the property that will be in line with the rest of the

neighbors is nothing but a benefit and we certainly

ask for your support. Thank you.

MR. ROSS: Jerry Ross, 1911 West

Lake Drive. I live probably six or seven houses north

 

 

of the proposed home. Been in the area for almost 30

years, I guess, and I see no reason why this board

should deny this request. All it seems to me that all

of those lots there have been eschewed in one way or

the other and this can only improve the neighborhood

and the lot and certainly is going to be a great

improvement to our area. So I hope you see fit to

grant this.

CHAIRPERSON GRONACHAN: Anyone else?

MR. PATTERSON: John Patterson, 1957

West Lake. Greg's a great neighbor. Please approve

this.

CHAIRPERSON GRONACHAN: Anyone else?

Seeing none, building department?

MR. SAVEN: Do I dare say anything

else? I think everything has been said by just about

every neighbor there. My biggest pro on this whole

thing is the fact that he's getting rid of an eyesore.

I know that he tried to split the property up. You

have to bear in mind prior to our ordinance

interpretation in terms of grandfathering, if I was to

go back to grandfathering all he would be here for is

for a one foot variance. Because the ordinance reads

the way it is now and grandfathering is out of it. He

 

 

has three variances before the board tonight.

CHAIRPERSON GRONACHAN: Okay. Board

members?

Member Gray?

MEMBER GRAY: I want to say that I

agree with absolutely everything everybody has said

here tonight? Except, and I'm the one that is going

to throw the monkey wrench into this. Everybody else

that has been here in the past has been here on 30 and

40 foot lots. And you are so lucky because you have a

60. So you've got a double lot. And I absolutely

agree that this is going to be an improvement and I

want to know could this be built with less variance

requested and I realize what you're asking and the

broad scope is fairly minimal; however, you're tearing

down so for all intents and push this is new

construction. And my request -- my question is, can

you build with less of a variance?

MR. GNATEK: Well, the variances

that I'm requesting if you looked at the plans -- and

I think I provided those to you as well -- I'm looking

to put up a side entry garage. And the reason I am

requesting a variance is that I have to have a proper

radius to get into the garage without having any

 

 

issues of backing into it or anything of that nature.

Originally what I wanted to do is

I was looking for a six foot side yard setback on the

south side. After sitting down with the neighbor on

the south side he indicated to me he wasn't real

comfortable with that. That would've, of course, been

ideal for me. After several discussions we agreed

that, you know, this nine feet from that south side

property line would be the ideal way to go. I don't

know that there is much more that I can do without

losing quite a bit of radius or doing something else

with the driveways.

MEMBER GRAY: Mr. Saven? Has left

the building.

My question, I guess -- well, I'll

ask Don when he gets back.

Is on the 30 foot between the entry

of the garage to the north property line, three foot

has to be soft. So that gives you 27 feet. So I'm --

we'll ask him what the radius is that's required for

backing up, et cetera. Thank you.

CHAIRPERSON GRONACHAN: Member

Brennan?

MEMBER BRENNAN: I only had one

 

 

question. What is the width of the house? I couldn't

determine that.

MR. GNATEK: The width at the

furthest point if you take the outside of the garage

to the outside of the north side of the property,

you're 40 feet.

MEMBER BRENNAN: Well, that takes

care of my question. I think that it's. We're

getting the better deal by getting rid of what is

there by putting this there. I think that your

requests are minimal and I support you.

MR. GNATEK: Thank you.

MEMBER BAUER: I agree.

MR. GNATEK: Thank you.

MEMBER BRENNAN: Should we give it a

go?

MEMBER FISCHER: Do you still have a

question.

MEMBER GRAY: Yes.

MEMBER FISCHER: I'm going to have

to concur with those guys. The requests are minimal

and one thing that is most impressive to me if you

have done your homework. All your neighbors are

willing to support you and that is an eyesore and I

 

 

wish the best of luck and I will support this.

MR. GNATEK: Thank you.

MEMBER GRAY: Mr. Saven?

MR. SAVEN: Yes.

MEMBER GRAY: I have a question.

From the front of his garage to the north property

line will be 30 feet and he has to have three foot

soft on north property line and that is 27 feet. Is

that adequate for your required radius for turning and

such?

MR. SAVEN: He needs -- first of all,

he needs 25 foot of setback between the perpendicular

from the garage to the property line.

MEMBER BAUER: And that answered my

question.

MR. SAVEN: Twenty-two foot of hard

surface parking and three foot --

MEMBER BAUER: So we've got it.

Thank you.

CHAIRPERSON GRONACHAN: Do we have a

motion? Mr. Sanghvi.

MEMBER SANGHVI: I just have one

question for you. Where are you going for drinks

after this? The whole crew, the bunch of them.

 

 

MR. GNATEK: We'll wait for you.

MEMBER SANGHVI: I appreciate that.

So I like what you're doing and very happy that

everybody is agreeable and I have no hesitation in

supporting your application.

And I would like to make a motion,

Madame Chairperson, that the case number 04-013

request be granted because of the vehicular lot

configuration.

MEMBER BAUER: Second.

CHAIRPERSON GRONACHAN: It's been

moved and second. Is there any further discussion?

Member Gray?

MEMBER GRAY: I just want to let you

know, I am supporting this. I was just asking could

you do it for less.

MR. GNATEK: Thank you.

MEMBER GRAY: Thank you.

CHAIRPERSON GRONACHAN: I think it

was a reasonable question.

Any further discussion on the motion?

Seeing none, Denise, would you please

call the roll.

MS. ANDERSON: Member Gray?

 

 

MEMBER GRAY: Yes.

MS. ANDERSON: Member Bauer?

MEMBER BAUER: Yes.

MS. ANDERSON: Member Brennan?

MEMBER BRENNAN: Yes.

MS. ANDERSON: Member Fischer?

MEMBER FISCHER: Yes.

MS. ANDERSON: Member Gronachan?

CHAIRPERSON GRONACHAN: Yes.

MS. ANDERSON: Member Sanghvi?

MEMBER SANGHVI: Yes.

MS. ANDERSON: Motion passes six to

zero.

MR. GNATEK: Thank you very much.

CHAIRPERSON GRONACHAN: Your

variance has been granted. Good luck to you.

We're going to entertain a three

minute break. The board's going to take a five minute

break.

(A short recess was taken.)

 

 

Case No. 04-014

CHAIRPERSON GRONACHAN: Calling the

ZBA meeting back to order with calling case 04-014

filed by Dean Masciulli of Multi Building Company for

20772 Maybury Park Drive in Maybury Park Estates. And

you're here for both cases. Would you raise your

right hand and be sworn in.

MEMBER BAUER: Do you solemnly swear

or affirm to tell the truth regarding Case 04-014?

MR. MASCIULLI: I do. I come in

front of the board requesting a variance on two

garages. One of over a 1,000 square feet and one

being 164 square feet and the other being 276 square

feet. Currently Maybury Park estates has a zoning of

R-1 and RA with an RUD agreement. We have lots that

are over an acre and lots that are under an acre. And

under the current zoning, the lots that are over an

acre we're able to construct up to, I believe, 2,500

square feet and under an acre we're restricted to

1,000 square feet. This creates somewhat of a

hardship with perspective buyers coming in wanting

four car garages because there is a huge demand for

four car garages with houses these size and seeing

that some of the lots are able to accommodate them and

 

 

others aren't on these sites, you know, we don't --

with the variance if the variance is granted there

would be no violation of woodland or wetland

ordinances. Setback ordinances or coverage lot

ordinances. It's nice to have lots these sizes that

you can accommodate depthwise a four car garage.

I've been building four car garages

with 1,000 square feet, today is not adequate for most

home buyers because it is not enough room to pull in

three or four vehicles and have enough room to get

around and store equipment, lawn equipment, snow

equipment, bikes, et cetera. So that's it.

CHAIRPERSON GRONACHAN: Is there

anyone in the audience that wishes to address this

matter?

Seeing none. There were 40 notices

sent. No approvals. No objections. Building

department?

MR. SAVEN: Just basically, the

property was zoned R-A. They entered into an RUD

agreement which basically had indicated that any lots

that were less than an acre would fall under the R-A.

Acre square footage would fall under the R-1

category. In doing so this is where this gentleman

 

 

has the problem. If he had an R-A district he

probably wouldn't be before us right now.

One of the things I do want to bring

to your attention, I know that the Planning Commission

and also City Council and I think it was one of my

earlier concerns is to take a look at garages.

Attached garages being in certain R-A districts that

have a certain square foot requirement. I do believe,

if I'm not mistaken this is 1,200 square foot that

you're looking at. So I just want to present you.

Not that it is now or whatever this is what is being

talked about as of right now.

CHAIRPERSON GRONACHAN: Board

members? Member Brennan?

MEMBER BRENNAN: Similar cases should

give us similar results and we've granted this

variance to large estates. Bellagio as an example.

I think in another few months planning and council

will have addressed this through ordinance. There

seems to be a lot of support at the council meeting

That I watched when they discussed this. So I would

tend to support the request, actually, unless there is

some audience participation on the second case I will

support for both.

 

 

CHAIRPERSON GRONACHAN: Member Gray?

MEMBER GRAY: I also realize that in

the past we have given variances. The Bellagio, as I

recall, some of those were upwards of 5,000 square

feet as well. When I went to this site on Saturday

and got a copy of their brochure which shows the eight

different housing layouts, the plans and options, what

I found striking is that from the smallest house has a

square foot area of 3621 and goes up to the largest is

a 5450 and yet on every single one of these plans that

they're showing they have three car garages shown on

every single one of these plans including the largest

size, which is as near as I can figure square foot of

these garages from a low of 642 square feet for a

three foot garage up to 925.

I guess I would have to question if

everything is being shown with three car garages, why

on the smaller houses are we seeing four car garages

in excess of 1,000 feet and I can absolutely

understand that if it's a larger house to be

proportionate. I'm just a little curious why this

size.

MR. MASCIULLI: The brochures are

reflecting a standard, three car standard in the

 

 

community. Four car we would like to have it as an

option. To build a four car garage of a 1,000 square

feet with ingress and egress requirements of getting

in and out of the house, a lot of times we're required

to have stairs. Elevation wise to offset that adds

square footage that pushes the garages upward of

1,200, 1,300 square feet sometimes.

MEMBER GRAY: And I understand that,

but nowhere in here does it say anything for the

possibility of a four car garage. Just making a

statement.

MEMBER BAUER: I object. My first

house was 1,200 square feet.

MR. SAVEN: I'm not saying anything.

CHAIRPERSON GRONACHAN: I would like

to put my comments on the record, if I can. I have to

echo the sentiments of Member Gray. And the reason

why is because in the past we have granted variances

on very large homes and as a board member took heat

from residents that didn't even live anywhere near

there. So this is become an interest to me because I

have also had a discussion with the mayor with the

square footage and garages and Member Brennan took it

in front of the council when he was up for his

 

 

reappointment that this was a concern of this board.

However, on this particular case this square footage,

and please correct me if I'm wrong, I show the square

footage of the property is 3685 square feet; is that

correct?

MR. MASCIULLI: Which one.

No, it's 4,200 square feet.

CHAIRPERSON GRONACHAN: It's 4,200?

MR. MASCIULLI: The house?

CHAIRPERSON GRONACHAN: Yes.

MR. MASCIULLI: Yes.

CHAIRPERSON GRONACHAN: It shows a

footprint of 35.

MR. MASCIULLI: There's a second

story.

CHAIRPERSON GRONACHAN: I still can't

because when I was thinking of changing -- let me go

on with my thought on this. In Bellagio -- since I

don't usually draw conclusions from other cases. But

because this is going to be much up for discussion,

the houses in that area and I'm very well aware of

that area since I don't live too far from there. This

is a standard size home, 3,000, 4,000 square feet is

pretty much similar throughout the area and they have

 

 

all gotten along with 1,000 square feet garages. So

I'm having a hard time especially if they're also

looking at that display and getting our requests from

our secretary that your variances want a blanket

variance for the garages. And we cannot do that based

on each case is viewed by the board on its own

individuality if you build. If anything, I would --

in looking at the lot size of this house and given

that you're in a 4,200 square feet I still don't see

the need for a variance on this new construction in

this house given on my view on the garages in the

past. Especially since what we're looking at here is

setting a precedent to a subdivision that -- and

correct me, there is 10 homes?

MR. MASCIULLI: Correct.

CHAIRPERSON GRONACHAN: Ten homes in

a subdivision and looking at possibly of setting a

precedent to creating 106 variances to 106 homes. So

I guess I would need a little more discussion from my

fellow board members in case they feel That I'm

missing something at this point.

Member Sanghvi?

MEMBER SANGHVI: Thank you. Did I

hear you correctly when you said the four car garage

 

 

is an option?

MR. MASCIULLI: Yes, sir.

MEMBER SANGHVI: How much more does

it cost?

MR. MASCIULLI: $7,500, I believe.

MEMBER SANGHVI: As opposed to the

three car?

MR. MASCIULLI: Correct.

MEMBER SANGHVI: And do you think

that everybody is going to buy these lots on these

homes are going to go for four car garages?

MR. MASCIULLI: I don't know if

everyone will but there is a lot of request for it out

there, this size home. You know, ten, fifteen years

home there was a lot of request for three car garages

versus a two car garage. You know, you have two car

and three car as an option. Some people took it and

most people didn't. As time went on three car became

a standard in pretty much every size home. That is

what is happening today even though, you know, a lot

of times in a subdivision you're restricted by the

rearyard setback. You don't have the room to put a

four car garage on it but the demand is there. People

today have dual incomes, two vehicles, work vehicles,

 

 

you know, the subdivision ordinances and deed

restriction are not allowed to park in the garage or

in the street. They have kids and they're going to

have and they have cars and they're going to want to

be able to house them in the garage and be able to get

in the garage and be able to move around the garage

and also store, you know, equipment from around the

house.

MEMBER SANGHVI: So what you are

suggesting is apart in keeping four cars you need

space to keep the lawn mower and the snow blower and

everything else and should all be in the same house

and shut?

MR. MASCIULLI: Correct.

MEMBER SANGHVI: As you have heard if

there is a new construction you require a new variance

and it is very hard to justify the variance. And,

unfortunately, our job here on the board is not to

create new installation and we like the ordinances.

Unfortunately, we have gone for the three months,

then what, to design the ordinances. And until such

time as that happens we are always going to be in a

dilemma how to deal with this problem.

Considering the comments, and I'm not

 

 

just talking about your comments, I'm talking about

the comments of the city taxpayers, including the

values of the homes as well as the increased value of

the four car garage and all of the things, this is

going to enhance the city tax base and I have always

felt if I had a chance to increase the tax base of the

city, the future of all of us would have to pay less

taxes and because of that and many other reasons I

will be inclined to support your application. Thank

you.

CHAIRPERSON GRONACHAN: Thank you,

Member Sanghvi.

Member Brennan?

MEMBER BRENNAN: I think 4,200 square

feet is a pretty big house and I think an option of a

four car garage on that house will look fine. It's

what the petitioner's customer wants which leads me to

ask the question are the parties here. Is that you?

MR. MASCIULLI: No, they're not

here.

MEMBER BRENNAN: Next case. That's a

big house and we granted that type of request for a

big houses in Bellagio.

CHAIRPERSON GRONACHAN: Member Fisher

 

 

and Attorney Schultz.

MEMBER FISCHER: Along the lines of

what the chairperson is saying, 106 lots, correct?

MR. MASCIULLI: Correct.

MEMBER FISCHER: How many are in this

situation? How many variances are we looking at that

we could have in front of us? Or what are we getting

ourselves into?

MR. MASCIULLI: I couldn't give you

an exact number but it would be a good majority of

them. There are probably 15 percent that are over an

acre that we would have to come in front of the board

for and that doesn't mean that every buyer is going to

buy them either.

MEMBER FISCHER: Right. I

understand. Next question I'll wait for the next

case.

MR. SAVEN: I'm chomping at the bit

here. I would put a black hat on just for a minute

here. Two things that we have to bear in mind. This

property was zoned R-A, first and foremost. This is

an RUD agreement that predominantly spelled out the

specifications of what needs to be done. So that's

the Bible. When we talk about homes, please, in terms

 

 

of home sizes that should not be the factor we're

looking at. We should be looking at the property

itself. The reason why I'm saying this is that you

can't -- and I'm going to give you the for instance.

We can have a 1,000 square foot home on an R-A piece

of property and they can build a 1,000 square foot

attached garage or detached garage. So that's one of

the things I just want to bring to your attention

here. Regardless of the size of the home it has to

deal with the property itself and what those

dimensional issues are or whatever need to be looked

at. Thank you.

MR. SCHULTZ: I guess to follow-up,

this is a 185 parcel of property. Some of the units

have been reduced to less than an acre in order to

save trees and roads. And in terms of the practical

difficulty I think the boards to consider the fact

that some of these parcels are smaller than they might

otherwise have been by virtue of the RUD agreement and

the saving of trees and open space. And I think when

you were making your decision I think you need to take

into consideration that some of the parcels in the

same development are going to be slightly larger and,

therefore, able to get this option and some slightly

 

 

smaller -- the majority will be under the one acre but

relatively situated. The question I think that has

come up a couple of times, are these lots going to be

similarly situated to some of the lots that without a

variance can come with a four car garage. Are you in

reaching your decision looking at -- are you doing

substantial justice to all of the people within the

development and you're lucky here in the sense that

they're all being built at the same time and can

determine the effect on the neighborhood and neighbors

and even know what is going on as it's going on as

they're buying and developing. So I put that out

there as a comment to follow-up Mr. Saven's comment.

CHAIRPERSON GRONACHAN: Member

Fischer?

MEMBER FISCHER: I will ask my

question now. Between these two cases 014 and 015

they're both four car garage requests, right?

MR. MASCIULLI: Correct.

MEMBER FISCHER: What is the

difference between 164 square variance and 276 square

foot square variance.

MEMBER BAUER: Size.

MR. MASCIULLI: I couldn't tell you

 

 

what the exact difference is. The size of the garage

on the house. One might have more offsets or leave a

little bit more for egress/ingress from the garage

into the house. We're never sure. I've been in a

situation of the building business where I had a three

car garage and I had enough room between the car and

garage and had to put a three foot staircase in there

for people to get up into the house, you know, by

code. So now we leave, you know, four or five feet

from the door to the garage. It depends on how the

egress comes into the house it gets a little wider.

MEMBER FISCHER: Well, I'm inclined

to support Case 01-014 based on the comments made by

Mr. Saven earlier.

CHAIRPERSON GRONACHAN: Is that a

motion, Member Fischer?

MEMBER FISCHER: I think I'm going to

let someone else handle that.

CHAIRPERSON GRONACHAN: Member Gray,

did you have anything additional?

MEMBER GRAY: I have one more

question, if I may. The house footprint on both of

these is 3598, does that footprint include the

attached garage for both of these?

 

 

MR. MASCIULLI: I believe so.

MEMBER GRAY: That's all I wanted to

know. Thank you.

CHAIRPERSON GRONACHAN: Member

Sanghvi?

MEMBER SANGHVI: Thank you, Madame

Chairperson. If I may, I would like to make a motion

in Case 04-014, the petitioner's request be granted

due to special circumstances.

MEMBER FISCHER: Second.

CHAIRPERSON GRONACHAN: It's been

moved and approved. Is there any further discussion

on the motion?

MEMBER BAUER: I think we're going to

have to have the kind of circumstances.

MR. SCHULTZ: I think if the maker of

the motion want to the incorporate the comments by

Mr. Saven with regard to the RUD.

MEMBER SANGHVI: I have no problem

adding that comment.

MR. SCHULTZ: And the lot size

essentially being the issue here with the underlying

zoning being R-A.

CHAIRPERSON GRONACHAN: Denise, would

 

 

you please call the roll.

MS. ANDERSON: Member Bauer?

MEMBER BAUER: Yes.

MS. ANDERSON: Member Brennan?

MEMBER BRENNAN: Yes.

MS. ANDERSON: Member Fischer?

MEMBER FISCHER: Yes.

MS. ANDERSON: Member Sanghvi?

MEMBER SANGHVI: Yes.

MS. ANDERSON: Member Gray.

MEMBER GRAY: I'm going to

reluctantly support it.

MS. ANDERSON: Member Gronachan?

CHAIRPERSON GRONACHAN: No.

MS. ANDERSON: Motion passes five to

one.

 

 

Case 04-015

CHAIRPERSON GRONACHAN: Okay. Now,

we have to do our last case.

MEMBER SANGHVI: You're not done.

CHAIRPERSON GRONACHAN: We have to

finish your second case.

MEMBER SANGHVI: Don't take off.

MEMBER BAUER: You're still sworn.

CHAIRPERSON GRONACHAN: Case 04-015,

filed by Maybury Park Estates at 21067. Mr. Masciulli

is requesting a 276 square foot variance for a

garage. The previous discussion and your description,

do you wish to make that part of the record at this

point?

MR. MASCIULLI: Yes, I do.

CHAIRPERSON GRONACHAN: Would you

like to add anything in regards to this address?

MR. MASCIULLI: Not at this time.

CHAIRPERSON GRONACHAN: There were 40

notices sent. No approvals. No objections. There is

no one in the audience left to make a comment.

Building department, your comments from the previous?

MR. SAVEN: Same game.

CHAIRPERSON GRONACHAN: Same, on this

 

 

case. Board members?

Member. Sanghvi?

MEMBER SANGHVI: If there is no extra

discussion to be talked about from the previous I

would like to make a motion that the variance be

granted with the same reason and special circumstances

and difference in the R-A and also the RUD agreement

with use of special circumstances.

MEMBER BAUER: Second.

MEMBER FISCHER: Second.

CHAIRPERSON GRONACHAN: It's been

moved and approved. Is there any further discussion?

Seeing none, Denise, would you please

call the roll.

MS. ANDERSON: Member Gray?

MEMBER GRAY: Yes.

MS. ANDERSON: Member Bauer?

MEMBER BAUER: Yes.

MS. ANDERSON: Member Brennan?

MEMBER BRENNAN: Yes.

MS. ANDERSON: Member Fischer?

MEMBER FISCHER: Yes.

MS. ANDERSON: Member Gronachan?

CHAIRPERSON GRONACHAN: Yes.

 

 

MS. ANDERSON: Member Sanghvi?

MEMBER SANGHVI: Yes.

MS. ANDERSON: Motion passes six to

zero.

MR. MASCIULLI: Thank you.

CHAIRPERSON GRONACHAN: You're

welcome. Please see the building department.

We have a few other matters under

discussion for the board to address. Case number ZBA

03-116 Meadowbrook Corporate Park time limitation and

I think this was put on --

MR. SAVEN: This was the request that

we did not have a time limitation on this sign case

and we wanted to bring this back before the board and

have the ample opportunity to look at that particular

request to either come up with a time limitation or

rehear this.

Is that correct, Tom, rehear that

portion of the case that would address the time limit?

MR. SCHULTZ: Sure.

MR. SAVEN: To that particular case.

MEMBER BRENNAN: Madame Chair?

CHAIRPERSON GRONACHAN: Yes.

MEMBER BRENNAN: I was the maker of

 

 

that motion and I will be glad to modify that and add

one year duration.

CHAIRPERSON GRONACHAN: Is there a

second. Do we have to have that seconded?

MEMBER GRAY: Second.

MEMBER FISCHER: Just a question,

that was a January 6th meeting. My question would be

can I vote on something that I did not?

MR. SCHULTZ: Yes.

MEMBER FISCHER: I can vote. I just

wanted to clarify that.

MR. SCHULTZ: Go ahead.

MR. SAVEN: Just some questions.

We're going to call this a modification to the

original motion?

MEMBER SANGHVI: Yes.

CHAIRPERSON GRONACHAN: Yes.

MR. SAVEN: Or an amendment? Tom,

which one?

MR. SCHULTZ: Either one.

MEMBER BRENNAN: I made a mistake and

had no time limit.

MR. SAVEN: It was no mistake, sir.

There was no mistake. We were dealing with what was

 

 

presented before us at that time. If anybody would be

saying anything about a mistake it was mine for not

bringing this forwards.

MEMBER BRENNAN: Given the nature of

that we leave that sign for a year.

MEMBER BAUER: Yes.

CHAIRPERSON GRONACHAN: Are you

satisfied?

MR. SCHULTZ: Just one comment, my

understanding from the discussion that was the

assumption from the board and we're just clarifying

this for the purposes of this night.

CHAIRPERSON GRONACHAN: It's been

move and approved. All those in favor say "Aye".

MEMBER BAUER: Aye.

MEMBER BRENNAN: Aye.

MEMBER GRAY: Aye.

MEMBER SANGHVI: Aye.

MEMBER FISCHER: Aye.

CHAIRPERSON GRONACHAN: All opposed?

None.

MR. SAVEN: The second case, as you

will recall this is associated with this first other

matter. This was the one that was -- this was the

 

 

additional sign where the other sign which was on the

property. Do you recall that?

MEMBER BAUER: Yes.

MR. SAVEN: These people now want to

come back before us. They went to actually extend

their permit, their temporary use permit. The

condition of the other permanent was we knew that this

sign was being up. So I guess we can request -- they

can request just like the normal.

CHAIRPERSON GRONACHAN: Right.

MEMBER BAUER: Yes.

MR. SAVEN: Just want you to be aware

of that.

MEMBER GRAY: We'll just ask them the

normal questions.

MR. SAVEN: Okay.

CHAIRPERSON GRONACHAN: Sarah put a

thing on -- or a third other matter which was for

Meadowpark Townhomes. But before you go there I'm

going to step out because we have two people patiently

waiting and they missed the public audience

participation at the beginning of the meeting and I

take it you wish to address the board in regards to

that matter?

 

 

MS. BURTON: Yes, just a brief

statements.

CHAIRPERSON GRONACHAN: If you would,

please come to the podium.

MS. BURTON: High, Madame Chair,

members, Mr. Saven and the rest of the city officials,

my name is Sharon Burton. I live at 417265 in the

Meadowbrook Townhomes and it was interesting that it

was brought up. I was here today to ask some

questions from ordinances but I think I would rather

say a brief statement and look for guidance down the

road where to go. There's been construction all

around our area, not just Meadowbrook Townhomes. As I

look through our area we have circumstances that are

far different than other construction sites. There is

three cargo containers on a 18 foot trailer that's

been there for the builder's office. We have bricks

piled all around. We look just like a junk yard back

off the 13 Mile side of this development and I was

coming here to find out what type of ordinances we

have or what we can do to take and get this area

cleaned up. I know the builder looks at this as a

construction site, but this is my home. This is an

area that we have 101 units that people live in and

 

 

we're cleaning up. We're picking up the dirt.

There's rodents that I have seen around by pile ups of

bricks and stuff and we've been patient trying to get

this addressed. I don't know what ordinances or what

we can do as homeowners to address the issues without

coming down here where we look like we're a bunch of

troublemakers. We just need help. These are our

homes. We spent a lot of money. We spent a lot of

time and the city has helped us in many ways and I'm

coming here to look for some more help.

Like I said, it might be a

construction site to the development but this is our

homes. Right now there is containers. There is

garbage. Like I said, I believe I saw some rats out

there the other day. This is part of the upset for

coming here. Help us or tell us what ordinances we

can come to you and if there is a violation and if

there is a not a violation what can we do to get some

ordinances to help us get this area cleaned up.

Again, I thank all of you and we're trying to go about

this in the proper manner.

Mr. Saven, I appreciate your comments

the other night on the city council because they have

been a big help to us, too. Whatever we can do to

 

 

work together and to take and bring these matters to

where we can get them cleared up so that we at least

have a clean neighborhood and represent the city of

Novi the way it wants to be represented. Thank you.

CHAIRPERSON GRONACHAN: Mr. Saven?

MR. SAVEN: Okay.

MS. BURTON: I'm sorry.

CHAIRPERSON GRONACHAN: Could I add

something, what the resident said you don't ever need

to feel that way. If you come into City because you

have a trouble please don't feel like you're a

troublemaker. And whenever you come before the city

council or the zoning board or any body of this city

you don't need to feel like you're a troublemaker when

you have a valid concern for your home. Okay?

MS. BURTON: Thank you.

MR. SAVEN: We do have ordinances

within the city that govern certain requirements that

need to be met. I would ask that you contact Cindy

Yugo in neighborhood services. Cindy is going to be

your representative as she heads up what is called the

ordinance division of the city and she deals with

issues such as debris and general site clean up and

things of that nature. We have what is called a

 

 

temporary use permit for trailers which we can take a

look at and see where we're at with that particular

trailer for that phase for that phasing requirement.

First and foremost, ultimately

they're going to have to be moving out of phase two in

that area because they're going to want occupancy some

of those particular units. I would assume that's

coming up real quick or in the near future so there is

going to have to be some moving of those temporary

construction bins that are there. So they're going to

be looking at that. They might find a better location

for those. The brick and the other issues, the

storage of the bricks you may want to talk to Cindy

about. Whether we can get them located to an area,

confined area or better area or stock piled in a neat

and orderly manner. Yes, it is a construction site

and, yes, they do have a right to do certain things,

but along the same lines it has to be reasonable.

And I think that Cindy should be

helpful or even Cindy and myself have to go out there

and take a look and see what needs to be done.

MEMBER GRAY: Well, one of the

reasons I brought this up is because I spent a lot of

time in that area driving by on my way to and from

 

 

work each day and then a few occasions in the

immediate area I was looking around there. I drove in

through and around because I wanted to just check and

see what was going on in that area and, Don, I know

you've been doing an awful lot of work in the last

little bit working on this site on behalf of the

residents and some other cases that are going on. And

I think that what you're doing is a very good thing.

My concerns have been with the condition of the

streets. They're all covered with mud and I realize

that we can't do a whole lot about the weather and

stuff but, you know, we've been successful in strongly

encouraging builders in others areas.

MR. SAVEN: Careful. You just got me

in trouble last time.

MEMBER GRAY: In just asking them to

please keep things up.

MR. SAVEN: Let's just cut right to

the chase, I'm not going to be here. Matter of fact,

I'm in a conference in Lansing and just came in for

the ZBA meeting here, but I will be gone to the 15th

of this month. I will say shortly after that time or

maybe during that week I will be out at your site.

I'll probably see if I can get in touch with Cindy so

 

 

we can be outside to take a look at what your concerns

are. There is no doubt in my mind, I'm going to tell

you this as sure as I'm sitting here, we're getting to

the worst times of the year. We're going to have

rain. We're going to have trucks. We're going to

have a lot of mud kicked up and it's going to be a

hassle until such time when things are going to calm

down weatherwise. At the spring of the year and fall

of the year this is the worst time for construction

and this city is prone to construction. And I'm going

to tell you that right now, we will have it, but we

will get through it. Even if we have to be very pesty

we will do that. If we have to do the ordinance bit

we will do that too.

CHAIRPERSON GRONACHAN: Are there any

other matters?

MR. SAVEN: Yeah. Election of

officers next month. Don't forget about it.

MALE SPEAKER: I'll tell you what, I

want to get who had all those people up here.

MEMBER FISCHER: Are we ready?

CHAIRPERSON GRONACHAN: We're

ready.

MEMBER FISCHER: I'll make the motion

 

 

to adjourn.

CHAIRPERSON GRONACHAN: Second.

MEMBER FISCHER: Everybody have a

good month.

(The meeting was concluded

at 9:30 p.m.)

- - -

 

 

C E R T I F I C A T E

 

I, Darlene K. May, do hereby certify

that I have recorded stenographically the proceedings

had and testimony taken in the above-entitled matter

at the time and place hereinbefore set forth, and I do

further certify that the foregoing transcript,

consisting of one hundred four (104) typewritten

pages, is a true and correct transcript of my said

stenographic notes.

 

_____________________________

Darlene K. May, RPR, CSR-6479

___________________

(Date)