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REGULAR MEETING - ZONING BOARD OF APPEALS Proceedings had and Testimony taken in the matter of the ZONING BOARD OF APPEALS, at City of Novi, 45175 West Ten Mile Road, Novi, Michigan, on Tuesday, April 13, 2010. BOARD MEMBERS 1ALSO PRESENT: REPORTED BY: 1 Novi, Michigan 2 Tuesday, April 13, 2010 3 7:00 p.m. 4 CHAIRPERSON WROBEL: Okay. It's 7:00 p.m. 5 I'd like to call to order the April 13th regular 6 meeting of the City of Novi Zoning Board of Appeals. 7 Would everybody rise for the pledge of 8 allegiance. Member, Skelcy, please lead us. 9 BOARD MEMBERS: I pledge allegiance to the 10 flag of the United States of America, and to the 11 republic for which it stands, one nation, under God, 12 indivisible, with liberty and justice for all. 13 CHAIRPERSON WROBEL: Okay. Ms. Martin, would 14 you please call the roll. 15 MS. MARTIN: Member Krieger. 16 MEMBER KRIEGER: Present. 17 MS. MARTIN: Member Ibe. 18 MEMBER IBE: Present. 19 MS. MARTIN: Chairman Wrobel. 20 CHAIRPERSON WROBEL: Present. 21 MS. MARTIN: Member Ghannam. 22 MEMBER GHANNAM: Here. 23 MS. MARTIN: Member Skelcy. 24 MEMBER SKELCY: Here.
3 1 MS. MARTIN: Member Gedeon. 2 MEMBER GEDEON: Here. 3 MS. MARTIN: Members Sanghvi and Member 4 Cassis will be absent tonight. 5 CHAIRPERSON WROBEL: Okay. We do have a 6 quorum but we are one member short for the meeting this 7 morning. Therefore, I believe the City Attorney agrees 8 that if the applicant wishes to have the -- his case 9 heard by the entire Board, it can be postponed to a 10 regular -- to another meeting. If not, any decision 11 that we render this evening would be final. 12 As a reminder, please make sure all cell 13 phones and pager ringers are turned off at this time. 14 I would like to go over some of the meeting rules. A 15 copy of the entire public meeting rules of conduct is 16 available next to the chamber entrance door. 17 The Zoning Board of Appeals is a hearing 18 board empowered by the City of Novi to hear appeals 19 seeking variances from the existing City of Novi 20 ordinances. 21 It takes a vote of at least four members to 22 approve variance requests, and a majority of the 23 members present to deny a variance. 24 Individual applicants may take up to five
4 1 minutes and groups may take up to ten minutes to 2 address the Board. 3 The next item on the agenda is the approval 4 of the agenda. Any additions, changes, deletions? 5 MS. MARTIN: No, there is not. 6 CHAIRPERSON WROBEL: Okay. Seeing none, I'll 7 entertain a motion. 8 Member Krieger? 9 MEMBER KRIEGER: For other matters, can I add 10 Fountain Walk? 11 CHAIRPERSON WROBEL: Okay. We will add 12 Fountain Walk. 13 All right. I'll entertain a motion to 14 approve the amended agenda. 15 All in favor, say aye. All opposed, no. All 16 in favor, aye? 17 BOARD MEMBERS: Aye. 18 CHAIRPERSON WROBEL: Opposed? 19 We have an approved agenda. 20 Next is approval of the meeting minutes from 21 the March 16th, 2010 meeting. Are there any changes to 22 the minutes, Mr. Boulard? 23 MR. BOULARD: If I may, on Page 14, line 16, 24 "So the existing exterior walls and so on were there"
5 1 as opposed to "high existing". Line 22, instead of 2 "unintelligible", "variance conditions". And beginning 3 on Page 38, there's -- Line 12, Mr. Whitkins is 4 Wickens, W-I-C-K-E-N-S. He was the petitioner for 5 that. 6 CHAIRPERSON WROBEL: Okay. 7 MR. IBE: Mr. Chair, I think just Page 1, 8 unfortunately, my name is missing there. I was here 9 but he doesn't list me as a member, apparently. 10 CHAIRPERSON WROBEL: Okay. 11 MR. IBE: So it should read, where it says 12 board members, also Rickie Ibe. 13 CHAIRPERSON WROBEL: Okay. Any others? 14 Okay. At this time, I'll entertain a motion to approve 15 the amended minutes. 16 MR. IBE: So amended. I second. 17 CHAIRPERSON WROBEL: We have a motion on the 18 second. All in favor, please respond by saying aye. 19 BOARD MEMBERS: Aye. 20 CHAIRPERSON WROBEL: Opposed, no. 21 The amended minutes have been approved. 22 Next is the public remark section of the 23 meeting. If there's anyone in the audience who wishes 24 to make comments not pertaining to any matter on the
6 1 agenda this evening, please come forward. 2 Seeing none, the public remark section of the 3 meeting is closed. 4 And this brings us to the only case on the 5 agenda this evening, Case Number ZBA 10-007, for 6 43525 West Oaks for Best Buy Geek Squad. The 7 petitioner is requesting a variance to allow 8 installation of one additional 18 square foot wall sign 9 on the south elevation of the building located at 10 43525 West Oak Drive, Best Buy. The property is zoned 11 RC and is located west of Novi Road and north of I-96. 12 Is the petitioner here? 13 PETITIONER STIEBER: Yes. 14 CHAIRPERSON WROBEL: Please state your name 15 and address for the record. And if you are not an 16 attorney, please raise your hand and be sworn in by our 17 secretary. 18 PETITIONER STIEBER: My name is 19 Patrick Stieber, 33650 Giftos Drive, Clinton Township, 20 Michigan. 21 MR. IBE: So, in Case Number 10-007, 434 -- 22 I'm sorry -- 43525 West Oaks Drive, Best Buy, do you 23 swear or affirm to tell the truth in this case? 24 PETITIONER STIEBER: Absolutely.
7 1 CHAIRPERSON WROBEL: Thank you. 2 MR. IBE: Thank you. 3 CHAIRPERSON WROBEL: Okay. You may proceed 4 with the presentation. 5 PETITIONER STIEBER: Okay. As stated, we're 6 here tonight asking for an additional wall sign for the 7 rear elevation or south elevation of the new Best Buy 8 that's going in off of Novi Road there. What we're 9 looking for here is an additional sign to identify to 10 the customers the location of where they take their 11 vehicles to have work done, services done for the 12 mobile electronics portion of the Best Buy business. 13 We almost look at this as sort of like a 14 directory sign to get the traffic to that area so that 15 they know where to go on the rear of the building to 16 take their vehicle to. 17 We feel that there is a lack of 18 identification for this service. The Geek Squad, so to 19 speak, is a separate entity within Best Buy that needs 20 that identification shown for these services. We feel 21 that there, you know, definitely is a lack of 22 identification from the business itself and the 23 services and also for direction to get the customers to 24 that area.
8 1 If you look at the drawings and the 2 elevations shown, the sign is not excessive in size, it 3 is only three foot tall by six foot wide. It's not 4 illuminated. It's not there to direct attention at 5 night or anything. It's just more merely there to get 6 the customers to where they need to go and identify 7 what it is they're going -- where they're going. 8 You know, as I said, if you look at how 9 that's on that wall, you know, it's -- it really fits 10 in -- into the wall area. It's not excessive in size 11 at all. Yet the copy is large enough to be legible. 12 So we feel that that sized sign is needed. 13 As I said, it's not an illuminated sign. 14 It's just a plastic pan-form type sign. If you have 15 any other questions, I'd be happy to answer them. 16 CHAIRPERSON WROBEL: Okay. Thank you. Is 17 there anyone in the audience who wishes to address the 18 Board regarding this case? 19 Seeing none, the secretary, please read any 20 correspondence regarding this case into the record. 21 MR. IBE: Thank you, Mr. Chair. One 22 objection. The objection is that -- March 30, 2010 and 23 it reads. 24 "Board Members,
9 1 We are in receipt of the above request and 2 strongly object to the appeal. Best Buy is taking the 3 former Circuit City location in West Oaks. They will 4 have the most visible and accessible retail spot in all 5 of West Oaks and West Oaks II. 6 ABC Warehouse stayed in the ordinance limits 7 and feel Best Buy should do the same. They will have 8 plenty of signage and do not need one on the back of 9 the building that isn't seen from any West Oaks 10 customers. 11 We are a Michigan-based company, and would 12 appreciate the Board's support of a Michigan company. 13 Best Buy already has a store in Novi and this will be a 14 second one. They don't need extra retailing help. 15 I thank you for your consideration on ABC's 16 behalf. 17 Sincerely", signed, "Gordon Hartunian, 18 Chairman" for ABC Warehouse. 19 CHAIRPERSON WROBEL: Okay. And that's it. 20 Does the Building Department or City Attorney wish to 21 make any comments at this time? 22 MS. OZGA: I have nothing. 23 MR. BOULARD: I don't have a lot to add. I 24 do want to point out that this is on the back of the
10 1 store, which would be the south side, so it's a little 2 unique in that when you drive back there, it's kind of 3 hard to tell where the doors on the back of the 4 building align with the very suites in the front. So 5 as -- as mentioned, it is the previous Circuit City 6 suite that Best Buy is taking over and I'll be happy to 7 answer any questions. 8 CHAIRPERSON WROBEL: Thank you. Okay. At 9 this time, I'll refer this matter to the Board for 10 discussion. Who wants to begin? 11 MEMBER GEDEON: I'll go ahead and start. I 12 have a couple questions, one for someone who's more 13 familiar with driving behind the building. I have not 14 driven behind it. Are there any other roads that the 15 sign would be viewable from or is it simply the 16 alleyway behind the building? 17 PETITIONER STIEBER: Just the alleyway behind 18 the building. And the sign's not large enough to be 19 read from any further than, you know, right in that 20 area. 21 MEMBER GEDEON: Do any of the other 22 businesses in the shopping center have garages in the 23 back? 24 PETITIONER STIEBER: Not that I'm aware of,
11 1 no, not where customers would actually be coming to to 2 try to get to for services. 3 MEMBER GEDEON: I know I've been familiar 4 with the Best Buy parking lots and there's frequently, 5 you know, one or two Geek Squad cars in the parking 6 lot. Are any Geek Squad cars parked in the back area 7 by this garage? 8 PETITIONER STIEBER: You know, I don't know 9 the answer to that question. Typically, those cars are 10 out doing mobile services at homes. So I wouldn't 11 think they'd be there all day long. 12 MEMBER GEDEON: And one more question. Do 13 any customers go directly to the garage area without 14 first going into the store? 15 PETITIONER STIEBER: Yes, that can happen, 16 yes. If they're just taking the vehicle there for a 17 specific service, yep. 18 MEMBER GEDEON: Okay. Thank you. 19 CHAIRPERSON WROBEL: Okay. Thank you. 20 Member Ghannam? 21 MEMBER GHANNAM: Thank you. Just a couple 22 questions. This particular business that you're saying 23 the mobile electronic business sign is requested, is 24 that where vehicles pull in these garages and are
12 1 serviced by your company? 2 PETITIONER STIEBER: Yes, absolutely. 3 MEMBER GHANNAM: For what, like stereos and 4 things like that? 5 PETITIONER STIEBER: Yes. 6 MEMBER GHANNAM: I got you. This is not the 7 one on the inside where if my computer crashes, they 8 fix the computer; is that right? 9 PETITIONER STIEBER: It's the same. It's the 10 same company but, obviously, they have to have an area 11 where they can pull cars in to do the work. 12 MEMBER GHANNAM: Okay. I got you. Yeah, in 13 general, I understand the need for a signage for the 14 business within a business. I didn't realize, 15 technically, Best Buy is separate from the Geek Squad. 16 But you're saying that's accurate, right? 17 PETITIONER STIEBER: Yes, yep. 18 MEMBER GHANNAM: And if you have a 19 garage-type situation where vehicles are pulling in and 20 out and trying to direct traffic there, I understand 21 that. I mean, to me, that makes sense so I would have 22 no problem supporting it. Thank you. 23 CHAIRPERSON WROBEL: Thank you, Member 24 Ghannam.
13 1 And Member Krieger? 2 MEMBER KRIEGER: Question for the City. The 3 signs that we approved previously is for Best Buy to 4 have two signs? 5 MR. BOULARD: My understanding of the 6 previous variance, which was actually from Number 846, 7 which is a very old, it's before we even started the 8 year as part of the number, my understanding is that 9 the store would have been allowed a sign by right. 10 Because it's kind of on the corner of the 11 suite, a second sign was granted for the east or north 12 side of the building, basically, the parking lot side 13 of the building or that corner in that -- in that 14 variance from some time ago. 15 And so it's basically -- those were basically 16 the area. So Best Buy is working within the areas of 17 those two allowed signs with their Best Buy signs on 18 the store. 19 MEMBER KRIEGER: And then the petitioner, if 20 you have Geek's sign on the back where the ports are, 21 how is it that somebody driving in the front can know 22 to go there? 23 PETITIONER STIEBER: Well, they're going to 24 go into the Best Buy, if they're -- you know, in
14 1 Best Buy. This is more to get the vehicles back there. 2 MEMBER KRIEGER: If someone's driving in the 3 back, so they know where to drive through? 4 PETITIONER STIEBER: Yes, exactly. They're 5 not trying to put identification on the front of the 6 building. I mean, they want to keep Best Buy image for 7 exterior signs on the front. Like I said, this is more 8 of a directory-type sign and informational sign that 9 that is Geek Squad that you're going to back there. 10 MEMBER KRIEGER: So it's approval of a third 11 sign but it's not really the same business? 12 MR. BOULARD: My -- excuse me. My 13 understanding is that Geek Squad is -- and I don't know 14 if subsidiary would be a -- would be an appropriate 15 term but it's an entrance of a separate business but 16 within the Best Buy organization. So it's not a 17 separate suite, there's not a wall between them. But 18 it is -- they do share space but it operates as a -- 19 somewhat of a separate entity. 20 MEMBER KRIEGER: I honestly, I couldn't find 21 the sign. I was looking for a mock setup. And I know 22 where Circuit City was but they didn't have any 23 "Best Buy coming soon" so I would have driven probably 24 around the back or driven more. But, as I was driving
15 1 around the West Oaks area, the Value City Furniture on 2 the backside on Donaldson, they have an identification 3 where their other entrance is. I don't know -- it 4 wouldn't be relative, it's a second sign. But because 5 it assists customers in where they would be arriving to 6 in the back of a building, I would be able to support 7 this. 8 CHAIRPERSON WROBEL: Thank you. Anyone else? 9 Okay. I have a couple questions, then. 10 Number one, several years ago -- and I don't know if 11 you can answer this or not but I'm going to try you 12 anyways. Several years ago on the Planning Commission, 13 Best Buy came before us for approval of a new building 14 to be built across the street, adjacent to the mall. 15 Is this new location going to be a permanent location 16 for them, do you know, or is this a temporary until 17 they decide to build? 18 PETITIONER STIEBER: No, this is permanent. 19 CHAIRPERSON WROBEL: Okay. 20 PETITIONER STIEBER: Yep, they decided not to 21 build and to use this space. You know, they actually 22 are putting a lot of money into it, refacing it to make 23 it look or more like the Best Buy building itself, the 24 standard style. So this is not a temporary space.
16 1 CHAIRPERSON WROBEL: Okay. All right. On 2 the sign itself, I have no issue with it. I once had 3 to use the service by the previous company there and I 4 had to go around the back and I had a heck of a time 5 trying to find the right door to go to, so I understand 6 why this is needed and I will support it. 7 Seeing that all board members have had the 8 opportunity to speak on the matter, I'll entertain a 9 motion. 10 Member Ghannam? 11 MEMBER GHANNAM: Thank you, Mr. Chair. I'll 12 make a motion in Case Number 10-007 for 43525 West Oaks 13 Drive, Best Buy and the Geek Squad in that we approve 14 the variance as requested because the request is based 15 upon circumstances of features that are exceptional and 16 unique to the property and do not result from 17 conditions that generally exist in the City or that are 18 self-created. 19 The failure to grant relief will not 20 unreasonably prevent or limit the use of the property 21 and will result in substantially more than mere 22 inconvenience or inability to attain a higher economic 23 or financial return. 24 And the grant of relief will not result in a
17 1 use of a structure that is incompatible with or 2 unreasonably interferes with adjacent or surrounding 3 properties and will result in substantial justice being 4 done to both the applicant and adjacent or surrounding 5 properties, and is not inconsistent with the spirit of 6 the ordinance. 7 MEMBER KRIEGER: Second. 8 MR. IBE: Again, with your permission, sir, 9 is it okay if we also state that the signage being 10 requested is in the rear of building and so it's not 11 really at all a sign for the business. 12 MEMBER GHANNAM: Here's what I can do. 13 That's a good point. I'll add to the motion or amend 14 the motion to include that the sign has to be obviously 15 in the size as requested but specifically in the place 16 that's requested, also. Because you gave us a 17 rendering and that's my purpose for granting this is 18 it's got to be in the area above those two doors. 19 MR. IBE: Very well. Thank you. 20 CHAIRPERSON WROBEL: Member Krieger, do you 21 second approve it? 22 MEMBER KRIEGER: Yeah. 23 CHAIRPERSON WROBEL: Okay. A motion was made 24 and amended by Member Ghannam, second amended by
18 1 Krieger. 2 Any other questions or discussion, Board? 3 If not, Ms. Martin, please call the roll. 4 MS. MARTIN: Member Krieger? 5 MEMBER KRIEGER: Yes. 6 MS. MARTIN: Member Ibe? 7 MR. IBE: Yes. 8 MS. MARTIN: Chairman Wrobel? 9 CHAIRPERSON WROBEL: Yes. 10 MS. MARTIN: Member Ghannam? 11 MEMBER GHANNAM: Yes. 12 MS. MARTIN: Member Skelcy? 13 MEMBER SKELCY: Yes. 14 MS. MARTIN: Member Gedeon? 15 MEMBER GEDEON: No. 16 CHAIRPERSON WROBEL: Okay. The motion 17 passes. Is that one, two, three, four -- five/one. 18 It's been approved. Thank you. 19 PETITIONER STIEBER: Thank you for your time 20 tonight. 21 CHAIRPERSON WROBEL: This brings us to the 22 other matter portion of the agenda. 23 Ms. Krieger, you -- 24 MEMBER KRIEGER: I had a question in zoning
19 1 at Fountain Walk in regards to lighting at night. 2 If -- because of -- for safety, the north building that 3 has Dick's in the front, toward Twelve Mile, behind it 4 where they have their trash bins, that at night it's 5 really dark where The Putting Edge is at. And if kids 6 are going to be, as we are hearing, going out and 7 fighting at night and people are also going to the 8 Magic Theatre, if that area can be lit up, is there a 9 lighting -- a zoning, how an area should be lit? 10 MR. BOULARD: I'll be happy to take a look at 11 it. Is it the area that -- the kind of loading area 12 between -- 13 MEMBER KRIEGER: Between Chuck E. Cheese and 14 The Putting Edge, on the south wall. 15 MR. BOULARD: Okay. So in the back? 16 MEMBER KRIEGER: Yeah. 17 MR. BOULARD: Between the back of 18 Chuck E. Cheese and the back of -- 19 MEMBER KRIEGER: There's a fenced-in area 20 where there's nothing. 21 MR. BOULARD: Right. 22 MEMBER KRIEGER: And just north of that. 23 MR. BOULARD: I will -- I'll be happy to take 24 a look and make sure that there's not lights that are
20 1 missing or there's not enough or that they're not 2 working. 3 MEMBER KRIEGER: Yeah. 4 MR. BOULARD: So -- 5 MEMBER KRIEGER: I've been watching maybe too 6 many CSI movies. My imagination goes off, too. 7 MR. BOULARD: I'll be happy to take a look at 8 that. 9 MEMBER KRIEGER: Okay. Thank you. 10 CHAIRPERSON WROBEL: Thank you, Member 11 Krieger. 12 Does the City Staff or City Attorney have any 13 other matters they wish to discuss at this time? 14 MR. BOULARD: I have none. 15 MS. OZGA: No. 16 CHAIRPERSON WROBEL: Okay. Thank you. 17 Do any other Board members have any other 18 matters to discuss? 19 Okay. Seeing none, that concludes our 20 business for this evening and I'll entertain a motion 21 to adjourn. 22 MEMBER SKELCY: Motion to adjourn. 23 MEMBER GHANNAM: Second. 24 CHAIRPERSON WROBEL: Okay. We have a motion.
21 1 All signify by saying aye. 2 BOARD MEMBERS: Aye. 3 CHAIRPERSON WROBEL: Opposed? 4 Thank you. The meeting is adjourned at 7:21. 5 * * * * 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
22 1 CERTIFICATE OF NOTARY 2 3 STATE OF MICHIGAN ) ) SS 4 COUNTY OF LAPEER ) 5 6 I, Mona Storm, a Notary Public in and for the 7 above county and state, do hereby certify that the 8 above hearing was taken before me at the time and place 9 hereinbefore set forth; that the petitioner was first 10 duly sworn to testify to the truth, and nothing but the 11 truth; that the foregoing proceedings and questions 12 asked and answers made by the petitioner were duly 13 recorded by me stenographically and reduced to computer 14 transcription; that this is a true, full and correct 15 transcript of my stenographic notes so taken; and that 16 I am not related to, nor of counsel to either party nor 17 interested in the event of this cause. 18 ___________________________ Mona Storm 20 CSR-4460, Notary Public Lapeer County, Michigan 21 22 My Commission expires: 9-18-13
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