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, December 13, 2011
REPORTED BY: Jennifer L. Wall, Certified Shorthand Reporter
1 Novi, Michigan.
2 Tuesday, December 13, 2011
3 7:00 p.m.
4 ** ** **
5 CHAIRMAN GHANNAM: Good evening,
6 everyone. Welcome to the Novi Zoning Board
7 of Appeals December 13, 2011 meeting. If we
8 can first start by saying the pledge of
9 allegiance. If Member Krieger could start
11 (The Pledge of Allegiance was recited.)
12 CHAIRMAN GHANNAM: Thank you.
13 Ms. Pawlowski, can you please call the roll.
14 MS. PAWLOWSKI: Member Gedeon?
15 MR. GEDEON: Here.
16 MS. PAWLOWSKI: Member Gerblick?
17 MR. GERBLICK: Here.
18 MS. PAWLOWSKI: Chairman Ghannam?
19 CHAIRMAN GHANNAM: Here.
20 MS. PAWLOWSKI: Member Ibe is
21 absent, excused.
22 Member Krieger?
23 MS. KRIEGER: Here.
24 MS. PAWLOWSKI: Member Sanghvi?
25 MR. SANGHVI: Here.
1 MS. PAWLOWSKI: Member Skelcy?
2 MS. SKELCY: Here.
3 CHAIRMAN GHANNAM: Thank you.
4 I'll go over a few of the rules for the
5 public hearing and format. There is some
6 rules in the back if you want to help
8 Please turn off all pagers and
9 cellphones during our meeting. Applicants
10 will be asked to approach the Board, state
11 their name and addresses and be sworn by our
12 secretary. They will be allowed five minutes
13 to address the Board, present their case and
14 extensions are granted at the discretion of
15 the chair.
16 Public can also make comments
17 during each of these cases. First on our
18 agenda is the approval of the agenda.
19 Are there any modifications or
20 additions to the agenda?
21 MS. PAWLOWSKI: No.
22 CHAIRMAN GHANNAM: Seeing none,
23 I'll entertain a motion to approve the
25 MR. SANGHVI: So moved.
1 MS. KRIEGER: Second.
2 CHAIRMAN GHANNAM: Seeing a
3 motion and a second, all in favor say aye.
4 THE BOARD: Aye.
5 CHAIRMAN GHANNAM: Any opposed?
6 Seeing none, our agenda is approved.
7 Next we will go to the approval
8 of the minutes. We will start with the
9 October 11th, 2011 minutes. Are there any
10 corrections or modifications to that?
11 Seeing none, I will entertain a
12 motion to approve the October 11th minutes.
13 MR. SANGHVI: So moved.
14 MS. KRIEGER: Second.
15 CHAIRMAN GHANNAM: Seeing a
16 motion and a second, all in favor say aye.
17 THE BOARD: Aye.
18 CHAIRMAN GHANNAM: Any opposed?
19 Seeing none, our October 11th, 2011 minutes
20 are approved.
21 And we will move to the approval
22 of the November 1st, 2011 minutes. Are there
23 any comments or additions to modifications?
24 MR. SANGHVI: Yes.
25 CHAIRMAN GHANNAM: Member
2 MR. SANGHVI: Couple of
3 corrections in this. One of them is on page
4 23, line 12, I did not second that motion. I
5 opposed it. So I think my name is in error
6 there. I don't remember who actually
7 seconded it. That's one.
8 CHAIRMAN GHANNAM: Does nobody
9 know who seconded that motion on page 23?
10 Seeing none, does that make a huge
12 MR. BOULARD: You can just pick
14 CHAIRMAN GHANNAM: Just pick
15 someone right now. Anybody would like to
16 substitute their names for Member Sanghvi to
17 second that motion on page 23, line 12.
18 MR. GERBLICK: I will second it.
19 CHAIRMAN GHANNAM: Thank you.
20 Any other corrections, Member Sanghvi?
21 MR. SANGHVI: Yeah, page 33, line
22 seven. Instead of what is doing, it should
23 read due to. And on line 11, the word
24 problem should added.
25 CHAIRMAN GHANNAM: That's on page
1 33 also?
2 MR. SANGHVI: No -- yeah, page
3 33. And one more on page 41. Some words are
4 typed out twice, so they need to be deleted
5 on line seven. Thank you.
6 CHAIRMAN GHANNAM: Okay. Any
7 other corrections or modifications?
8 So I will entertain a motion to
9 approve the November 1st, 2011 minutes as
11 MR. SANGHVI: So moved.
12 MS. KRIEGER: Second.
13 CHAIRMAN GHANNAM: Seeing a
14 motion and a second, all in favor say aye.
15 THE BOARD: Aye.
16 CHAIRMAN GHANNAM: Any opposed?
17 Seeing none, our November 1st minutes are
19 We will now ask that if there is
20 anybody in the public who wishes to address
21 the Board on a matter that is not before us
22 tonight, please raise your hand and be
24 Seeing none, I will close the
25 public remarks section and then move to our
1 first case. Which is Case Number -- Item
2 Number One, Case Number 11-042, for 200
3 New Court. Would the applicant please step
4 forward and come to our podium.
5 Sir, please state your name and
7 MR. HAINBUCHNER: My name is
8 Patrick Hainbuchner. The address is 200
9 New Court.
10 CHAIRMAN GHANNAM: You're the
11 applicant, correct?
12 THE WITNESS: Yes.
13 CHAIRMAN GHANNAM: Please raise
14 your hand and be sworn by our secretary.
15 MS. SKELCY: Do you swear or
16 affirm to tell the truth?
17 MR. HAINBUCHNER: Yes.
18 CHAIRMAN GHANNAM: Please
19 proceed, sir.
20 MR. HAINBUCHNER: First of all, I
21 want to thank you all for coming tonight and
22 taking your time for us -- or me. And I want
23 to apologize because this is the second time
24 I take your time. Last year I was here and I
25 got approved for my request, but it's just
1 expired and I didn't know that. So as soon
2 as I filed for my permit, I find out that my
3 approval expired already, so I had to do --
4 to file again.
5 So my request is I intend to
6 build an attached garage to the house, the
7 northwest side of the house, attached garage.
8 And my request is to allow me to go another
9 six feet towards the neighbor, the west
10 side -- neighbor's backyard actually. And in
11 order to put 22, 21 feet of garage, because
12 otherwise we will be too close to the
13 entrance of the house, and it will block the
15 So while I have already the
16 driveway, asphalt there, so that's the only
17 place where I can put garage with the house.
18 So my request is to go another
19 six feet towards my neighbor backyard. So
20 the backyard that's empty, there is no house
21 there. It's -- actually, everybody knew
22 before I search with -- to find out my
23 property line, my neighbor told me that my
24 property line is 30 feet from my house, but I
25 want to find out exactly where my property
1 line is, to be okay with everything. So when
2 I pay the surveyor, they find out it is just
3 10 feet, not where the trees are, we have big
4 trees there for, I don't know, for long, long
5 time. Actually, it's the backyard, that we
6 take care of with the grass everything, but
7 that's a different story.
8 So my request is to just allow me
9 to go six feet towards my neighbor.
10 CHAIRMAN GHANNAM: Okay. Thank
11 you, sir.
12 Is there anybody in the public
13 who would like to make a comment on this
14 particular case?
15 Seeing none, I will close the
16 public remarks section and ask our secretary
17 to read any correspondence.
18 MS. SKELCY: There were 32
19 notices mailed, one was returned by the post
20 office and no responses.
21 CHAIRMAN GHANNAM: Any comments
22 or issues with the City?
23 MR. BOULARD: Just a couple
24 points of clarification, if I could. When
25 the variance was originally approved in June
1 of 2010, previously, it was for the garage
2 addition. If you -- and if you go to the
3 fifth and sixth pages, the first two that are
4 drawings out of the packet, it shows what was
5 presented at that time, that was what was
6 presented when the variance was requested,
7 and so that's what was advertised was for the
8 garage. And that's what you see as the
9 language on the agenda tonight.
10 The language that's included on
11 the staff report and the write-up, talks
12 about an addition also. We go to pages seven
13 and eight of the packet, I apologize for the
14 changes in orientation. The applicant has --
15 in the plans that he submitted for the
16 building, has included an addition to the
17 edge of the house behind the garage. It does
18 not -- you will see the drawing on page
19 eight, or the second to last page shows that
20 extended back.
21 I took the initiative to talk to
22 Beth Kudla who confirmed that the notice that
23 was provided in the paper was sufficient, so
24 the request before you is for the garage and
25 the addition extending back along the side of
1 the house.
2 So if there is any other
3 questions, I'd be happy to answer those.
4 CHAIRMAN GHANNAM: I will open it
5 up to the Board for discussion. Member
7 MR. SANGHVI: Thank you. Couple
8 of questions. How many trees are you likely
9 to cut in front there before you can --
10 MR. HAINBUCHNER: I don't have to
12 MR. SANGHVI: You don't have to
13 cut anything.
14 MR. HAINBUCHNER: No.
15 MR. SANGHVI: That's good.
16 MR. HAINBUCHNER: It's already
17 the driveway there.
18 MR. SANGHVI: Number two, what is
19 the structure on the east side?
20 MR. HAINBUCHNER: That's a shed.
21 That will stay. It's a shed, but the
22 elevation is much lower, so in order to put a
23 garage there, so I have to -- it's very
25 MR. SANGHVI: Thank you. I have
1 no problem supporting his application. Thank
3 CHAIRMAN GHANNAM: Anybody else
4 have any questions or comments? Member
6 MS. SKELCY: So does the -- I
7 mean, he only needs a ten minimum yard
8 setback, and the house looks like -- the
9 addition to the house is at least 11.2, so we
10 don't really need a side yard setback for the
11 house, do we?
12 MR. BOULARD: Well, which --
13 MS. SKELCY: I was looking at
14 this drawing.
15 MR. BOULARD: That's what was in
16 the previous variance.
17 MS. SKELCY: Okay.
18 MR. BOULARD: That's what was
19 submitted with the variance request, but the
20 home, the addition for the home is actually
21 the next two pages and you will see that it
22 extends back along behind the garage along
23 the end of the house.
24 MS. SKELCY: So with regard to
25 the minimum side yard setback, if we grant
1 the variance of 4.8 feet, that would include
2 not only the garage, but the home as well?
3 MR. BOULARD: Yes.
4 MS. SKELCY: Thank you.
5 CHAIRMAN GHANNAM: While
6 everybody else is thinking, couple questions,
7 sir. What was the purpose of the delay in
8 building your garage?
9 MR. HAINBUCHNER: The financial,
10 the funds. I was suspecting to do this last
12 CHAIRMAN GHANNAM: I understand
13 that. What is your intent now if the Board
14 grants your request? How soon will you --
15 MR. HAINBUCHNER: Next -- I
16 already submit for building permit, and then
17 as soon as I got approval, I will start right
19 CHAIRMAN GHANNAM: In the
20 springtime you're thinking?
21 MR. HAINBUCHNER: Yes,
23 CHAIRMAN GHANNAM: I don't have
24 any other questions. Anybody else have any
25 questions or comments?
1 If there are none, I will
2 entertain a motion. Member Skelcy?
3 MS. SKELCY: In the Case of
4 11-042 for the address of 200 New Court,
5 C-o-u-r-t, I move that we grant the proposed
6 variance for the minimum side yard setback so
7 that the variance would be -- so that the
8 side yard setback would be 5.2 feet instead
9 of the required 10 feet, giving them a
10 variance of 4.8 feet.
11 I move this because there are
12 unique circumstances and physical conditions
13 of the property, such as narrowness,
14 shallowness, shape, water, topography and
15 similar physical conditions, and the need for
16 the variance is not due to the applicant's
17 personal or economic difficulty.
18 In fact, he indicated that he has
19 to put the garage on that side of the house
20 because that is where the asphalt driveway is
21 located. The need is not self-created.
22 Strict compliance with regulations governing
23 area setback, frontage, height, bulk, density
24 and other dimensional requirements will
25 unreasonably prevent this property owner from
1 using the property for a permitted purpose
2 and will render conformity with those
3 regulations unnecessarily burdensome.
4 The requested variance is the
5 minimum variance necessary to do substantial
6 justice to the applicant, as well as to other
7 property owners in the district.
8 The requested variance will not
9 cause an adverse impact on surrounding
10 property, property values or the use and
11 enjoyment of the property in the neighborhood
12 or zoning district. In fact, it may increase
13 the property values because this is an
14 improvement to the home.
15 MR. SANGHVI: Second.
16 CHAIRMAN GHANNAM: Now we have a
17 motion and a second. Any further discussion?
18 Seeing none, Ms. Pawlowski, can
19 you please call the roll.
20 MS. PAWLOWSKI: Member Gedeon?
21 MR. GEDEON: Yes.
22 MS. PAWLOWSKI: Member Gerblick?
23 MR. GERBLICK: Yes.
24 MS. PAWLOWSKI: Chairman Ghannam?
25 CHAIRMAN GHANNAM: Yes.
1 MS. PAWLOWSKI: Member Krieger?
2 MS. KRIEGER: Yes.
3 MS. PAWLOWSKI: Member Sanghvi?
4 MR. SANGHVI: Yes.
5 MS. PAWLOWSKI: Member Skelcy?
6 MS. SKELCY: Yes.
7 MS. PAWLOWSKI: Motion passes six
8 to zero.
9 CHAIRMAN GHANNAM: Congratulations
11 MR. HAINBUCHNER: Thank you very
13 CHAIRMAN GHANNAM: That is the
14 end of our case. Are there any other matters
15 to be brought before the Board?
16 MS. KRIEGER: I would like to
17 mention I saw in our Michigan Planner, our
18 Beth Kudla and our Councilman Andrew Much on
19 the front pages. Kudos to them. Thank you.
20 CHAIRMAN GHANNAM: Anything else?
21 Seeing none, I will entertain a motion to
23 MR. SANGHVI: So moved.
24 MS. SKELCY: Second.
25 CHAIRMAN GHANNAM: All in favor
1 say aye.
2 THE BOARD: Aye.
3 CHAIRMAN GHANNAM: Any opposed?
4 Seeing none, we are adjourned.
5 (The hearing was adjourned at 7:15 p.m.)
6 ** ** **
1 STATE OF MICHIGAN )
2 ) ss.
3 COUNTY OF OAKLAND )
4 I, Jennifer L. Wall, Notary Public within and for
5 the County of Oakland, State of Michigan, do hereby certify
6 that the hearing was taken before me in the above entitled
7 matter was by me duly sworn at the aforementioned time and
8 place; that the proceedings were stenographically recorded.
9 I further certify that I am not connected by blood
10 or marriage with any of the parties or their attorneys, and
11 that I am not an employee of either of them, nor financially
12 interested in the action.
13 IN WITNESS THEREOF, I have hereunto set my hand at
14 the City of Walled Lake, County of Oakland, State of
18 ________________ _________________________
Date Jennifer L. Wall CSR-4183
19 Oakland County, Michigan
My Commission Expires 11/12/15