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View Agenda for this meeting REGULAR MEETING - ZONING BOARD OF APPEALS Proceedings had and Testimony taken in the matters of the ZONING BOARD OF APPEALS, at City of Novi, 45175 West Ten Mile Road, Novi, Michigan, on Tuesday, June 8, 2010. BOARD MEMBERS ALSO PRESENT: REPORTED BY: 1 Novi, Michigan 2 Tuesday, June 8, 2010 3 7:00 p.m. 4 - - - 5 CHAIRPERSON WROBEL: Good 6 evening, everyone. It's seven p.m., and I 7 would like to call to order the June 8th 8 regular meeting of the City of Novi Zoning 9 Board of Appeals. 10 Everyone, please rise for the 11 Pledge of Allegiance. Member Sanghvi, 12 please lead us. 13 MEMBER SANGHVI: I would be 14 honored. 15 BOARD MEMBERS: I pledge 16 allegiance to the flag, of the United 17 States of America, and to the republic for 18 which it stands, one nation, under God, 19 indivisible, with liberty and justice for 20 all. 21 CHAIRPERSON WROBEL: Thank you. 22 Ms. Martin, would you please call 23 the roll. 24 MS. MARTIN: Member Sanghvi? 1 MEMBER SANGHVI: Present. 2 MS. MARTIN: Member Cassis? 3 MEMBER CASSIS: Here. 4 MS. MARTIN: Member Krieger? 5 MEMBER KRIEGER: Present. 6 MS. MARTIN: Member Ibe? 7 MEMBER IBE: Present. 8 MS. MARTIN: Chairman Wrobel? 9 CHAIRPERSON WROBEL: Present. 10 MS. MARTIN: Member Ghannam? 11 MEMBER GHANNAM: Here. 12 MS. MARTIN: Member Skelcy? 13 MEMBER SKELCY: Here. 14 MS. MARTIN: And Member Gedeon is 15 absent at this time. 16 CHAIRPERSON WROBEL: Okay. We do 17 have a quorum, and the meeting is now in 18 session. 19 Before we continue, I would like 20 to congratulate Member Cassis on his 21 re-appointment as planning commission 22 representative to the ZBA for the following 23 year. Your vast experience and insight 24 will continue to be a valuable asset to the 1 ZBA. 2 MEMBER SANGHVI: Here, here. 3 MEMBER CASSIS: My deep 4 appreciation. 5 CHAIRPERSON WROBEL: As a 6 reminder, please make sure all cellphones 7 and pager ringers are turned off at this 8 time. 9 At this time I'd like to go over 10 some of the meeting rules. A copy of the 11 entire meeting, public hearing rules of 12 conduct are available next to the chamber 13 entrance door. 14 The ZBA is a hearing board 15 empowered by the City of Novi to hear 16 appeals seeking variance from the existing 17 Novi zoning ordinances. It takes a vote of 18 at least four members to approve a variance 19 request and a majority of members present 20 to deny a request. Tonight we have a full 21 board, so all the decisions made will be 22 final. 23 Individuals may take up to five 24 minutes, and groups may take up to ten 1 minutes to address the board. 2 Our next item on the agenda is 3 the approval of the agenda. Are there any 4 additions, deletions or changes at this 5 time? 6 MS. MARTIN: No, there is not. 7 CHAIRPERSON WROBEL: Okay. 8 Seeing none, I will entertain a motion to 9 approve it. 10 MEMBER SANGHVI: So move. 11 MEMBER IBE: Second. 12 CHAIRPERSON WROBEL: We have a 13 motion and a second. All those in favor, 14 please signify by saying aye. 15 BOARD MEMBERS: Aye. 16 CHAIRPERSON WROBEL: All those 17 opposed? No. We have an approved 18 agenda. 19 The next item is approval of the 20 meeting minutes, which we do not have at 21 this time. So we can move through that 22 item. 23 Followed by the public remarks 24 section of the meeting. Is there anyone in 1 the audience who wishes to make any 2 comments not pertaining to any matter on 3 the agenda tonight? If so, please come 4 forward. 5 Seeing none, the public remarks 6 section of the meeting is closed. 7 That brings us to the cases on 8 the agenda this evening. The first case is 9 Case No. ZBA10-016, 1750 Paramount Street. 10 The petitioner is requesting variances to 11 install an awning carport located at 1750 12 Paramount Street. Property is zoned R-4 13 and located north of Thirteen Mile Road and 14 west of Novi Road. 15 Is the petitioner here? If so, 16 please come down to the podium. Thank you. 17 State your name and address. 18 MR. GORLAN: David Gorlan (ph), 19 1750 Paramount Street. 20 CHAIRPERSON WROBEL: If you are 21 not an attorney, please raise your right 22 hand and be sworn in by the secretary. 23 MEMBER IBE: In Case No. 10-016, 24 1750 Paramount, do you swear or affirm to 1 tell the truth? 2 MR. GORLAN: Yes. 3 CHAIRPERSON WROBEL: Thank you. 4 You may proceed with your presentation. 5 MR. GORLAN: Good evening, board 6 members. I have been a resident here for 7 38 years now, not in this exact home, but 8 various parts of Novi. 9 In 2003 I petitioned the same 10 board, except the faces are new, for an 11 attached garage in the same location. It 12 was leaning toward a split vote at that 13 time, and the determining factor for the 14 denial at the end was the lot size was very 15 narrow, and there would be no access in 16 case of an emergency for the fire 17 department to the rear of the home. I hope 18 I have addressed that with just a simple 19 awning as a car port instead of a garage. 20 The lot size and configuration is 21 very small, the smallest one on the block. 22 If you have been by the house and seen the 23 pictures, you will see there is a six-foot 24 boulder wall in the back yard. I'm kind of 1 glad now that I was denied in 2003, because 2 if that boulder wall failed, there would be 3 no way to get any kind of construction 4 equipment to the back for repair. So with 5 the open-ended awning that I'm proposing 6 for you today, it would address that. 7 So, I would be happy to answer 8 any questions. 9 CHAIRPERSON WROBEL: Okay. Thank 10 you. Do you have copies of your photos? 11 MR. GORLAN: Yes, I do. 12 CHAIRPERSON WROBEL: You might 13 want to put them in the overhead so the 14 reviewers can see them. 15 MR. GORLAN: Do you want them 16 individually up there? 17 CHAIRPERSON WROBEL: You only 18 have one page? 19 MR. GORLAN: This one? 20 CHAIRPERSON WROBEL: Just the 21 pictures will probably be better. 22 Is there anyone in the audience 23 who wishes to address the board regarding 24 this case? Seeing none, will the secretary
1 read any correspondence regarding this case 2 into the record? 3 MEMBER IBE: Fifty-four notices 4 were mailed, one approval, zero objections, 5 five mail returned. 6 CHAIRPERSON WROBEL: Okay. 7 MEMBER IBE: The only approval we 8 have is from a Francisco Barbuso (ph) who 9 obviously is also 1760 Paramount? 10 MR. GORLAN: That would be the 11 neighbor. 12 MEMBER IBE: The neighbor. And 13 it's dated 5/24/2010. 14 CHAIRPERSON WROBEL: Thank you. 15 Does the building department or city 16 attorney wish to make any comments at this 17 time? 18 MS. KUDLA: No. 19 MR. BOULARD: Nothing to add in 20 particular to the comments that you have in 21 your packet. I did take the liberty of 22 speaking to the fire marshal this morning, 23 and knowing that the fire access was a 24 topic of discussion previously. And the 1 fire marshal indicated that certainly as 2 long as this is high enough and someone can 3 walk under it, and it is open, that he was 4 not as concerned as he would have been had 5 there been a garage and had limited access. 6 So, I hope that helps; I will be happy to 7 answer any questions. 8 CHAIRPERSON WROBEL: Thank you. 9 At this time, I will refer this matter to 10 the board for discussion. Would anyone 11 like to begin? Anybody? 12 MEMBER SKELCY: Can I ask how 13 high this is going to be? 14 MR. GORLAN: Well, you can see 15 the eave, the existing eave on the house 16 that will be going from there to about 17 eight foot tall on the outside of the 18 awning itself. 19 MEMBER SKELCY: How many feet 20 away will it be from your neighbor's wood 21 fence I see there? 22 MR. GORLAN: The fence itself? 23 MEMBER SKELCY: Yes. 24 MR. GORLAN: That's the property
1 line there, and that's one foot off the 2 fence; that would be the edge of the 3 awning. 4 MEMBER SKELCY: Okay. And would 5 this be for one or two cars? 6 MR. GORLAN: Just one. 7 MEMBER SKELCY: Okay. Thank you. 8 CHAIRPERSON WROBEL: 9 Member Krieger. 10 MEMBER KRIEGER: I would approve 11 this as requested. That's all. 12 CHAIRPERSON WROBEL: Okay. Thank 13 you. Anyone else? Seeing no one else, I 14 will entertain a motion. 15 Member Krieger. 16 MEMBER KRIEGER: In 17 Case No. 10-016, 1750 Paramount, I move to 18 approve the request by the petitioner for 19 the installation of the open carport to the 20 north side of an existing residence located 21 at said address. Property is zoned R-4 and 22 north of Thirteen Mile and west of 23 Novi Road. 24 The variance may be granted due 1 to the setback, frontage, height 2 requirements do not unreasonably prevent 3 the use of the property. The variance will 4 provide substantial justice to the 5 petitioner and surrounding property owners. 6 There is unique circumstances to this 7 property; it is not self-created. There 8 will be adequate light and air to the 9 adjacent properties. There will not be an 10 increase of fire danger or public safety, 11 and will increase the value of the 12 surrounding area. And it is in the spirit 13 of the zoning ordinance. 14 MEMBER SKELCY: Second. 15 CHAIRPERSON WROBEL: Okay. We 16 have a motion made by Member Krieger and a 17 second by Member Skelcy. Is there any 18 further discussion? 19 Mr. Cassis. 20 MEMBER CASSIS: Yeah, just one 21 question. What material are you using? 22 MR. GORLAN: All aluminum. There 23 is pictures of examples I think on the back 24 of the packet. All aluminum. 1 MEMBER CASSIS: Yeah, I was 2 concerned about fires or something. That's 3 close to the neighbors that you are. 4 MR. GORLAN: That's why I chose a 5 non-combustible material. 6 MEMBER CASSIS: Okay. That's 7 all, Mr. Chairman. Thank you very much. 8 CHAIRPERSON WROBEL: Anything 9 else? If not, Ms. Martin, please call the 10 roll. 11 MS. MARTIN: Member Sanghvi? 12 MEMBER SANGHVI: Yes. 13 MS. MARTIN: Member Cassis? 14 MEMBER CASSIS: Yes. 15 MS. MARTIN: Member Krieger? 16 MEMBER KRIEGER: Yes. 17 MS. MARTIN: Member Ibe? 18 MEMBER IBE: Yes. 19 MS. MARTIN: Chairman Wrobel? 20 CHAIRPERSON WROBEL: Yes. 21 MS. MARTIN: Member Ghannam? 22 MEMBER GHANNAM: Yes. 23 MS. MARTIN: Member Skelcy? 24 MEMBER SKELCY: Yes. 1 MS. MARTIN: Motion passes, 2 seven-zero. 3 CHAIRPERSON WROBEL: Thank you. 4 MR. GORLAN: Thank you. 5 CHAIRPERSON WROBEL: Next on the 6 agenda, ZBA10-017, 2022 Austin Drive. The 7 petitioner is requesting variances to allow 8 renovation and construction of an addition 9 to an existing residence located at 2022 10 Austin. Property is zoned R-4 and is 11 located north of Twelve Mile Road and west 12 of Old Novi Road. 13 Please state your name and 14 address for the record. 15 MR. HADDEN: Ian Hadden, 2420 16 Rolandale, West Bloomfield. 17 CHAIRPERSON WROBEL: If you are 18 not an attorney, please raise your right 19 hand and be sworn in. 20 MEMBER IBE: In case No. 10-017, 21 2022 Austin, do you swear or affirm to tell 22 the truth? 23 MR. HADDEN: Yes. 24 MEMBER IBE: Thank you. 1 CHAIRPERSON WROBEL: You may 2 proceed with your presentation. 3 MR. HADDEN: This is my first 4 time in front of the board, so I'm a little 5 unsure what I need to do, so please bear 6 with me. 7 I purchased the property in 8 December of last year. It's quite a 9 run-down property that's been it looks like 10 under construction for some time and never 11 been finished. I think it changed 12 ownership a couple of times, as well, since 13 the original construction work started. 14 The back end of the property is 15 quite dilapidated; there has been some 16 water damage. There is a sun porch at the 17 back of the property, which is very rotten 18 and will need to be replaced anyway. 19 And what I'd like to do is while 20 I'm doing all that work on the rear end of 21 the property, the way it's been built at 22 the moment, it kind of looks like a house 23 that's been extended several times. It's 24 all small extensions, one on top of each 1 other. I'd like to renovate that whole 2 back half of the property and make it look 3 like one house again. Keep the walls in a 4 straight line instead of zigzagging in and 5 out. Take the roof line and make it flow 6 down like a single roof would, and just 7 generally tidy up that back half. 8 Any questions? 9 CHAIRPERSON WROBEL: Okay. Thank 10 you. Is there anyone in the audience who 11 wishes to address the board regarding this 12 case? Seeing none, Mr. Ibe, please read 13 any correspondence into the record for this 14 case. 15 MEMBER IBE: Yes, Mr. Chair. 16 Forty-eight notices mailed, one approval, 17 zero objections, ten mail returned. 18 The only approval we have is 19 Peter and Adrian Elliott of 1988 Austin 20 Drive, dated 5/27/2010. And it reads: "We 21 have no objection to this variance as 22 existing properties are already outside 23 this limits. Our approval is 24 (unintelligible) on the property remaining 1 a single-family residence." 2 CHAIRPERSON WROBEL: Okay. Thank 3 you. At this time does the building 4 department or city attorney have anything 5 to add? 6 MS. KUDLA: No. 7 MR. BOULARD: The only thing that 8 I would add, just to point out that in the 9 course of the reconstruction, assuming that 10 the approval is granted for the variance, 11 that the -- given the proximity of the side 12 walls of the building to the property 13 lines, that there would be requirements in 14 the building code that would require 15 certain fire resistance ratings. So those 16 would be expected to be included. Thank 17 you. 18 CHAIRPERSON WROBEL: Okay. Thank 19 you. At this time I will refer this matter 20 to the board for discussion. Ms. 21 Skelcy. 22 MEMBER SKELCY: I had a question 23 about the current location of the side 24 walls on this property. I'm very familiar 1 with it; I have been inside this property 2 when it was for sale. Is it going to be 3 expanding the current walls, or are they 4 going to stay the same? 5 MR. HADDEN: The current walls 6 I'd like to stay the same as they are. 7 MEMBER SKELCY: On the side? 8 MR. HADDEN: And extend out 9 forward to where that sun porch is, and 10 then come across and kind of fill that 11 corner in and extend upwards. 12 MEMBER SKELCY: Okay. So the 13 sides are currently -- you are not making 14 it any wider on the side of the home? 15 MR. HADDEN: No. 16 MEMBER SKELCY: Okay. 17 MR. HADDEN: I will be staying on 18 the existing foundations and extending 19 forward. 20 MEMBER SKELCY: Okay. Thank you. 21 Good luck with getting the water out of the 22 garage when it rains. 23 MR. HADDEN: Yeah, thank you. 24 CHAIRPERSON WROBEL: Anybody 1 else? 2 Member Cassis. 3 MEMBER CASSIS: No, I always 4 speak. But not too long this time. You 5 said that you are going to add a second 6 floor, right? 7 MR. HADDEN: Yes. 8 MEMBER CASSIS: You are going to 9 go up? 10 MR. HADDEN: There is a second 11 bedroom on it already, but it's got a flat 12 roof on it, and it doesn't cover the full 13 width of the property. 14 MEMBER CASSIS: You are sure the 15 existing foundation will -- 16 MR. HADDEN: I had a structural 17 engineer come out before I bought the 18 property, and he felt the foundations were 19 sound, but if I need to get any more work 20 done to strengthen the foundation, I will 21 do that as part of the construction. 22 MEMBER CASSIS: A word of advice. 23 I watch sometimes there is cable program 24 that someone tries to build some home, 1 something, or addition to a house, and 2 calls on a very shoddy builder and they 3 don't do the right job. What's the name of 4 that? 5 CHAIRPERSON WROBEL: Holmes on 6 Homes. 7 MEMBER CASSIS: Yeah. So you 8 know about that? 9 MR. HADDEN: Yes. 10 MEMBER CASSIS: I would suggest 11 that if you know it already, that you do 12 get an authorized builder that you have 13 confidence in and has recommendations and 14 so on. You know, you want it to be done 15 right. 16 MR. HADDEN: Yes. I don't want 17 it falling down. 18 MEMBER CASSIS: Okay. That's 19 all, Mr. Chairman. Thank you. 20 CHAIRPERSON WROBEL: Anybody 21 else? 22 Member Sanghvi. 23 MEMBER SANGHVI: Good evening. 24 MR. HADDEN: Good evening. 1 MEMBER SANGHVI: Can you put your 2 diagram for the floor. 3 MR. HADDEN: I actually forgot to 4 pick up my packet before I left the house; 5 I don't have it with me. I'm sorry. 6 MEMBER CASSIS: Here, so people 7 know what we are talking about. Okay. Is 8 this the ground floor? 9 MR. HADDEN: That's the ground 10 floor. 11 MEMBER SANGHVI: Okay. Now, if 12 you look at your bathtub there, how do you 13 plan to walk into the other area from 14 the -- 15 MEMBER CASSIS: Swim. 16 MR. HADDEN: That's actually a 17 mistake on the diagram. That wall up along 18 the edge of the back edge of the bathtub, 19 it's like a little alcove. 20 MEMBER SANGHVI: What I see here, 21 there is no door to get into your water 22 closet. 23 MR. HADDEN: This line here on 24 the diagram is a mistake. 1 MEMBER SANGHVI: You going to go 2 somewhere? 3 MR. HADDEN: There will be a door 4 here. 5 MEMBER SANGHVI: I know. How you 6 go into the other place? You walk into the 7 wall? 8 MR. HADDEN: This wall won't be 9 here. 10 MEMBER SANGHVI: That wall? 11 MR. HADDEN: Yeah. 12 MEMBER SANGHVI: So how do you 13 plan to go to the basin and the water? 14 MR. HADDEN: This wall isn't 15 here. 16 MEMBER SANGHVI: You will remove 17 that wall? 18 MR. HADDEN: It's a mistake on 19 this plan. 20 MEMBER SANGHVI: I wasn't sure, 21 and there was no labeling on the floor 22 level or anything, so I was just curious. 23 MEMBER CASSIS: He's going to 24 walk on water. 1 MEMBER SANGHVI: Okay. So there 2 is some error in that diagram? 3 MR. HADDEN: Yes. That bathroom 4 is actually existing, and I'm not going to 5 make any other changes to it. 6 MEMBER SANGHVI: All right. Very 7 good. I have no other questions. Thank 8 you very much. I wish you luck; that 9 neighborhood needs all it can get. And you 10 are doing some changes, and it will help 11 everybody all around. 12 By the way, where are you from? 13 MR. HADDEN: I'm from England 14 originally. 15 MEMBER SANGHVI: I realize that. 16 What part of England? 17 MR. HADDEN: Maidenhead 18 (unintelligible). 19 CHAIRPERSON WROBEL: Anyone else? 20 I will just add a couple comments. I will 21 approve this. It's a nice addition, and it 22 surely looks a lot better than the existing 23 structure, and it enhances the area, so you 24 have my support. 1 Seeing that everyone has had a 2 chance to speak, I will entertain a motion. 3 Member Skelcy. 4 MEMBER SKELCY: In the case of 5 10-017, 2022 Austin, I move that we grant 6 the variances to allow the renovation and 7 construction of an addition to the existing 8 residence. That's a variance of 8.7 feet 9 on the side yard setback, and 23.7 feet on 10 the other side yard setback. Due to the 11 fact that the setback frontage, height and 12 density requirements unreasonably prevent 13 the use of the property for its permitted 14 purpose. That the variance provides 15 substantial justice to the petitioner and 16 surrounding property owners in the zoning 17 district. There are unique circumstances 18 to the property. The problem is not 19 self-created. Adequate light and air is 20 provided to adjacent properties. There is 21 no increase of fire danger or public 22 safety. Property values will not be 23 diminished within the surrounding area, and 24 the spirit of the zoning ordinance will be 1 observed. 2 MEMBER SANGHVI: Second. 3 MEMBER GHANNAM: I have an 4 amendment, if you don't mind. I think you 5 forgot to mention the lot coverage 6 requirement variance. 7 MEMBER SKELCY: Yes. In addition 8 to the prior motion, granting the maximum 9 variance requested of six percent increase, 10 so that total lot coverage will be 11 31 percent. 12 CHAIRPERSON WROBEL: Member 13 Sanghvi, you accept? 14 MEMBER SANGHVI: I accept. 15 MR. BOULARD: Could I add section 16 2400 and 2502 (unintelligible) to allow 17 expansion of a non-conforming structure? 18 MEMBER SANGHVI: 19 (Unintelligible). 20 MS. KUDLA: You can amend it to 21 just be variances as requested. 22 MEMBER SKELCY: All right. Then 23 I will amend the motion for variances as 24 requested. 1 MEMBER SANGHVI: Thank you. 2 MR. BOULARD: Sorry about that. 3 CHAIRPERSON WROBEL: All right. 4 We have a motion made by Member Skelcy and 5 seconded by Member Sanghvi. Is there any 6 further discussion? 7 Seeing none, Ms. Martin, please 8 call the roll. MS. MARTIN: 9 Member Sanghvi? 10 MEMBER SANGHVI: Yes. 11 MS. MARTIN: Member Cassis? 12 MEMBER CASSIS: Yes. 13 MS. MARTIN: Member Krieger? 14 MEMBER KRIEGER: Yes. 15 MS. MARTIN: Member Ibe? 16 MEMBER IBE: Yes. 17 MS. MARTIN: Chairman Wrobel? 18 CHAIRPERSON WROBEL: Yes. 19 MS. MARTIN: Member Ghannam? 20 MEMBER GHANNAM: Yes. 21 MS. MARTIN: Member Skelcy? 22 MEMBER SKELCY: Yes. 23 MS. MARTIN: Motion passes, 24 seven-zero. 1 MR. HADDEN: Thank you. 2 CHAIRPERSON WROBEL: That brings 3 us to the final case on tonight's agenda, 4 which is Case No. ZBA10-018, 200 New Court. 5 Petitioner is requesting a 6 variance to construct an attached two-car 7 garage in the front of an existing 8 residence located at 200 New Court. 9 Property is zoned R-4 and is located north 10 of Thirteen Mile Road and east of East Lake 11 Drive. 12 Please state your name and 13 address for the record. 14 MR. HAINBUCHNER: My name is 15 Eronim-Patrik Hainbuchner. Address, 200 16 New Court. 17 CHAIRPERSON WROBEL: If you are 18 not an attorney, please raise your right 19 hand and be sworn in by our secretary. 20 MEMBER IBE: In Case 10-018, 200 21 New Court, do you swear or affirm to tell 22 the truth? 23 MR. HAINBUCHNER: Yes, I will 24 tell the truth. 1 MEMBER IBE: Thank you. 2 CHAIRPERSON WROBEL: Thank you. 3 You may proceed with your presentation. 4 MR. HAINBUCHNER: As you see -- 5 first of all, good evening, everybody. 6 And, I'm sorry, I'm pretty nervous. Excuse 7 my language, this is my third language, and 8 I'm not so good on stuff like this. But I 9 try my best to explain what I intend to do. 10 What I intend to do is construct 11 an attached two-car garage in front of an 12 existing house. And I request -- because 13 I'm (unintelligible) side yard setback of 14 ten feet. I need another six feet, so 15 to -- for 5.2 feet to my neighbor's 16 property line, in order to put the garage 17 in front of the existing house, where 18 already I have the driveway and everything 19 done. So, that's my request. 20 CHAIRPERSON WROBEL: Okay. Thank 21 you. Is there anyone in the audience who 22 wishes to address the board regarding this 23 case? 24 Seeing none, will the secretary 1 read any correspondence regarding this case 2 into the record? 3 MEMBER IBE: Mr. Chair, 40 4 notices were mailed, one objection, zero 5 approvals, four mail returned. 6 The only objection we have is 7 from Corrine Gough of 42635 Morgan Court, 8 Novi, 48377, dated 5/22/2010. 9 CHAIRPERSON WROBEL: Thank you. 10 Does the city attorney or building 11 department wish to make any comments? 12 MS. KUDLA: No. 13 MR. BOULARD: Just a couple 14 questions for the petitioner, if I may. 15 One, I notice that the well would 16 be inaccessible without going around the 17 house. Is the house going to be connected 18 to city water, or is the well going to 19 function and will it still be accessible? 20 That's the first question. 21 Second question, is there -- it 22 appears, at least from the drawings that we 23 have, that there is a legal alternative if 24 the garage would be slid over to the east 1 somewhat. 2 MR. HAINBUCHNER: Yes. 3 MR. BOULARD: I imagine that 4 there are some extenuating circumstances, 5 if you would maybe share those. 6 MR. HAINBUCHNER: Yes. To the 7 first question, in the back of the house, 8 actually, in the back of the garage will be 9 the -- it's an existing well. And we have 10 enough -- I mean, we have access to the 11 well with no problem. 12 And the second question, yes, I 13 can do exactly in front of the house, but 14 we would be so close to the entrance to the 15 next house. I'm sorry, I don't have -- I 16 was so in a hurry to be on time here, and I 17 stuck in traffic. I just want to show 18 what -- so this is the garage here. And if 19 I go this way more east, I'm very very 20 close. The entrance is right here. It's 21 very very close to this part here. It 22 looks really funny, or will look, so that's 23 why I request. 24 Because here, on the west side of 1 the house, it's back yard, nothing there; 2 it's empty back yard. Actually, everybody 3 on -- my property line, it's about here, 4 it's about 25 feet from my house. But I 5 was the one who asked for a survey and to 6 make sure everything gets right. And I did 7 just try to do my best to be okay with 8 everybody. So that's why my request is to 9 allow me to go closer here and in order to 10 be -- to have a two-car garage, good size, 11 and not to be so close to the entrance. 12 Here it's empty back yard, 13 nothing is here. Next 100 feet, and the 14 next neighbor also nobody there. So it's 15 just nothing there, so I don't bother 16 anybody. My neighbors say, "You can just 17 build it." I said, you know, "Let's do it 18 the right way." I'm I guess asking you if 19 you can allow me to do that. 20 CHAIRPERSON WROBEL: Okay. 21 Anything else, Mr. Boulard? 22 MR. BOULARD: No. 23 CHAIRPERSON WROBEL: At this 24 time, I will turn the matter over to the 1 board for discussion. 2 Member Sanghvi. 3 MEMBER SANGHVI: Thank you. I 4 was there a couple days ago and looked at 5 it and thought of the same thing. If he 6 moves his garage further east, he will be 7 almost closing into his front door, and 8 then his front door would be in an alcove. 9 MR. HAINBUCHNER: And I have the 10 kitchen there, and I block the complete 11 kitchen -- excuse me. 12 MEMBER SANGHVI: So, I think the 13 way he is (unintelligible) is probably the 14 best way out to put this kind of garage 15 there. Thank you. 16 CHAIRPERSON WROBEL: Okay. Thank 17 you, Mr. Sanghvi. 18 Ms. Skelcy. 19 MEMBER SKELCY: I was curious as 20 to why you couldn't put the garage on the 21 other side of the house, on the east side? 22 On the same side as the shed. 23 MR. HAINBUCHNER: Here, this part 24 here, it's so low from this part, it's so 1 low I have to raise -- I have to put a new 2 driveway. The cost, it's actually not 3 affordable for me, because it's too much. 4 I already have the driveway asphalt here 5 and here and here. To build another 6 driveway, to do another driveway, it's 7 actually not -- it's not affordable for me. 8 Because it's much lower than everything 9 else, so I have to build another driveway 10 and spend more money to dig, do asphalt, so 11 it's actually money involved in this. 12 MEMBER SKELCY: Did you talk to 13 your neighbor who lives to your west about 14 this? 15 MR. HAINBUCHNER: Yes, yes. 16 MEMBER SKELCY: What did your 17 neighbors think? 18 MR. HAINBUCHNER: About what I -- 19 MEMBER SKELCY: Yes. 20 MR. HAINBUCHNER: They just told 21 me from the beginning, they said you have 22 the property line is here, because we have 23 big trees, very old, everybody thought this 24 is the property line. It's 25 feet from 1 the house here. And it's not -- it's not 2 my property line. I was the one who find 3 out not -- I want to see to know exactly 4 where my property line is, not what my 5 neighbor think or somebody else. 6 So, if I would do what he told 7 me, just go ahead, "You are on your 8 property, go ahead." But I was the one who 9 found out the property line is not there 10 where my neighbor thought, or everybody. I 11 paid somebody for the survey. 12 MEMBER SKELCY: So it turned out 13 to be smaller than you thought? 14 MR. HAINBUCHNER: Yes. I have 15 from my house -- from here to the property 16 line, only 11.2 feet. 17 MEMBER SKELCY: Okay. Thank you. 18 CHAIRPERSON WROBEL: Okay, 19 anybody else? 20 Member Ghannam. 21 MEMBER GHANNAM: To the west of 22 your house and your proposed garage, you 23 are saying the tree line is about 25 feet 24 from that side? 1 MR. HAINBUCHNER: Correct. 2 MEMBER GHANNAM: But your 3 property line only goes 11.2 feet from the 4 side of the house? 5 MR. HAINBUCHNER: Yes. 6 MEMBER GHANNAM: There is no 7 other wall or fence or anything along -- 8 MR. HAINBUCHNER: No. Even the 9 owner used to live in this house thought 10 that the property line is where the big 11 trees are, which is 25 feet from the house. 12 I made this discovery. 13 MEMBER GHANNAM: I don't have any 14 problems, sir. I understand your need to 15 have it in a place where it is as opposed 16 to further east. I understand it's a 17 little bit unusual circumstance, so I have 18 no problem with your request. 19 CHAIRPERSON WROBEL: Anyone else? 20 Okay. I have no problem with this request 21 either. I applaud your due diligence in 22 getting your property re-surveyed so you 23 know exactly where your lot it. That saves 24 a lot of problems for everybody before you 1 proceeded. 2 That being said, I will entertain 3 a motion. 4 Member Ghannam. 5 MEMBER GHANNAM: Thank you. In 6 Case No. 10-018, 200 New Court, I move that 7 we approve the petition for variances as 8 requested. And I believe that the setback, 9 frontage, height, bulk and density 10 requirements unreasonably prevent the use 11 of the property for a permitted purpose. 12 The variance will provide 13 substantial justice to the petitioner and 14 surrounding properties in the district. 15 There are unique circumstances to this 16 property. The problem is not self-created. 17 Adequate light and air is provided to 18 adjacent properties. There will be no 19 increase of fire or danger to public 20 safety. Property values will not be 21 diminished in the surrounding area, and the 22 spirit of the zoning ordinance is 23 observed. 24 MEMBER KRIEGER: Second. 1 CHAIRPERSON WROBEL: Okay. We 2 have a motion by Member Ghannam and a 3 second by Member Krieger. Is there any 4 further discussion from the board? 5 Seeing none, Ms. Martin. 6 MS. MARTIN: Member Sanghvi? 7 MEMBER SANGHVI: Yes. 8 MS. MARTIN: Member Cassis? 9 MEMBER CASSIS: Yes. 10 MS. MARTIN: Member Krieger? 11 MEMBER KRIEGER: Yes. 12 MS. MARTIN: Member Ibe? 13 MEMBER IBE: Yes. 14 MS. MARTIN: Chairman Wrobel? 15 CHAIRPERSON WROBEL: Yes. 16 MS. MARTIN: Member Ghannam? 17 MEMBER GHANNAM: Yes. 18 MS. MARTIN: Member Skelcy? 19 MEMBER SKELCY: Yes. 20 MS. MARTIN: Okay. Motion 21 passes, seven-zero. 22 CHAIRPERSON WROBEL: Okay. That 23 brings us to the other matters section of 24 the agenda. Does the city staff or city 1 attorney have any other matters to discuss? 2 MS. KUDLA: We do not. 3 CHAIRPERSON WROBEL: Okay. Does 4 any board member have any other matters to 5 discuss at this time? 6 MEMBER SANGHVI: I just have a 7 question regarding the conversation we had 8 about the role of the members of the 9 planning commission. 10 MS. KUDLA: Yes. 11 MEMBER SANGHVI: You were going 12 to do some research and find out. Would 13 you like to report, Mr. Boulard? 14 MR. BOULARD: I'm sorry? 15 MEMBER SANGHVI: Would you like 16 to report on your research regarding the 17 status of the planning commission member? 18 MR. BOULARD: I would be happy 19 to. Actually, the research was done by our 20 attorney, and provided a bunch of 21 information as requested regarding the role 22 of the dual member. 23 Throughout the legislation and 24 the legislative analysis that led up to 1 that, as well as the attorney general's 2 opinion that originally addressed county 3 commission, and then was appropriately 4 applied to the city commissions and zoning 5 board. 6 Basically, in all cases, the dual 7 member is asked to abstain from 8 discussing -- discussion and vote of 9 something that they have already had a 10 chance to vote on in their other body. So 11 somebody that's gone before the planning 12 commission, basically the wording is that 13 the member -- the bill prohibits the member 14 of the zoning board who is also a member of 15 the zoning commission or planning 16 commission from participating in a public 17 hearing or a vote on the same matter that 18 member voted on as a member of 19 (unintelligible) commission. 20 MEMBER SANGHVI: Thank you. 21 MR. BOULARD: If there is any 22 other questions, I will be happy to 23 answer. 24 CHAIRPERSON WROBEL: Any other 1 issues? Seeing none, this concludes our 2 business for this evening, and I will 3 entertain a motion. 4 MEMBER SANGHVI: So move. 5 MEMBER IBE: Second. 6 CHAIRPERSON WROBEL: Second. We 7 have -- all in favor, signify by saying 8 aye. 9 BOARD MEMBERS: Aye. 10 CHAIRPERSON WROBEL: Meeting is 11 adjourned at 7:34. 12 - - - 13 14 15 16 17 18 19 20 21 22 23 24
42 STATE OF MICHIGAN ) ) ss. COUNTY OF WAYNE ) I, Sherri L. Ruff, Notary Public within and for the County of Wayne, State of Michigan, do hereby certify that the proceedings in the above entitled matter was stenographically recorded and afterwards transcribed by computer under my personal supervision, and is a full, true and correct transcript of the proceedings. IN WITNESS THEREOF, I have hereunto set my hand at the City of Detroit, County of Wayne, State of Michigan. __________________ ___________________________ Date Sherri L. Ruff, CSR-3568 Wayne County, Michigan My Commission Expires: 9/25/15
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