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REGULAR MEETING – ZONING BOARD OF
Monday, November 5, 2007– 7:30 p.m.
Council Chambers – Novi Civic Center – 45175 W. Ten Mile Rd.
Roll callMembers Bauer, Canup, Fischer, Krieger, Sanghvi, Shroyer and Wrobel
Present: Members Bauer, Canup, Fischer, Krieger, Sanghvi, Shroyer
Absent: Member Wrobel (excused)
Also Present: Tom Schultz, City Attorney; Barbara McBeth, Community Development Deputy Director; Robin Working, ZBA Recording Secretary
Pledge of Allegiance
Public Hearing Format and Rules of Conduct:
Approval of Agenda
Approval of Minutes – October 9, 2007
1. Case No. 07-059 filed by Scott Smith of Clark Hill for the Adell Brothers Trust
Applicant is requesting the consideration of a delayed administrative appeal of a determination by the Deputy Director of Community Development stating the use of the former Novi Expo Center as a trade center/market does not fall within the uses allowed in an EXPO district. Applicant is further requesting a use variance from the strict application of the provisions of Article 10 EXO Exposition Overlay District of the Novi Zoning Ordinance. Property is zoned EXPO and located west of Novi Road and south of I-96.
CITY OF NOVI ZONING BOARD OF APPEALS Rules of Procedure, Article IX Amendments and Appeals to the Board, Section 9.1, Appeals to the Board, states: "Any applicant shall have the right to an appeal to the board no later than thirty (30) days from the administrative action, which is the subject of the appeal. If the right to appeal expires, an Applicant may seek leave to bring a delayed appeal based upon clear and convincing demonstration of good cause for the delayed appeal. The Board shall vote upon whether or not to consider the delayed appeal prior to consideration of the merits of the petition.
CITY OF NOVI CODE OF ORDINANCES Section 3104 1. a., Administrative Review, states: "The Zoning Board of Appeals shall…hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Building official or any other administrative official in carrying out or enforcing provisions of this Ordinance."
CITY OF NOVI CODE OF ORDINANCES Section 3104 1. b., Jurisdiction, states: "The Zoning Board of Appeals shall have the power to authorize, upon appeal a variance from the strict application of the provisions of this Ordinance where by …the strict application of the regulations enacted would result in peculiar or exceptional difficulties to or exceptional undue hardship upon the owner of such property provided such relief may be granted without substantially impairing the intent and purpose of the Ordinance."
Applicant is requesting consideration of a delayed appeal, an administrative appeal, or, alternatively, a use variance.
IN CASE NO.07-059 MOVE TO TABLE THE CASE FOR THE PURPOSE OF OBTAINING ADDITIONAL FACTUAL INFORMATION AS REQUESTED BY THE BOARD GIVING THE APPLICANT’S COUNSEL UNTIL DECEMBER 3, 2007 TO SUBMIT THEIR DOCUMENTATION AND REQUESTED INFORMATION TO THE CITY ON THAT DATE. WE WOULD POSTPONE THIS CASE TO THE JANUARY 8, 2008 MEETING (sic).
Motion Carried: 6-0
Motion Maker: Fischer
Meeting Adjourned 9:24 p.m.
NOTICE: People with disabilities needing accommodations for effective participation in this meeting should contact the Community Development Department (248) 347-0415 at least seven working days in advance of the meeting. An attempt will be made to make reasonable accommodations.