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, August 14, 2012
1 Novi, Michigan.
2 Tuesday, August 14, 2012
3 7:00 p.m.
4 ** ** **
5 VICE CHAIR SKELCY: Welcome
6 everyone to the Tuesday, August 14, 2012
7 Zoning Board of Appeals meeting.
8 We are going to begin with the
9 Pledge of Allegiance, and I'd like to ask
10 Member Krieger to lead us in the Pledge.
11 (Pledge of Allegiance recited.)
12 VICE CHAIR SKELCY: I will go over
13 a few rules for how we handle the meeting
14 tonight. There is an agenda in the back, if
15 you didn't receive one, so you can see in
16 what order your case will be called.
17 I'm going to ask that you turn
18 off your cellphones and your pagers. When
19 your case is called, please go up to the
20 podium, here at the right, and say your name,
21 and spell your name so that the court
22 reporter can have it typed in properly for
23 the record.
24 Each applicant will have five
25 minutes to make a presentation, and then
1 after that, the public will be asked for
3 Then it will up to the Board
4 to have a discussion, ask questions of you.
5 Ms. Pawlowski, can you please
6 take the roll.
7 MS. PAWLOWSKI: Member Gedeon?
8 MR. GEDEON: Here.
9 MS. PAWLOWSKI: Member Gerblick?
10 MR. GERBLICK: Here.
11 MS. PAWLOWSKI: Member Ghannam?
12 MR. GHANNAM: Here.
13 MS. PAWLOWSKI: Chairman Ibe is
14 absent, excused.
15 Member Krieger?
16 MS. KRIEGER: Here.
17 MS. PAWLOWSKI: Member Sanghvi?
18 MR. SANGHVI: Here.
19 MS. PAWLOWSKI: Member Skelcy?
20 VICE CHAIR SKELCY: Here.
21 MS. PAWLOWSKI: Member Ferrell?
22 MR. FERRELL: Here.
23 VICE CHAIR SKELCY: Now I'd like to
24 ask if there are any changes to the agenda
25 for this evening?
1 MS. PAWLOWSKI: Yes, there are.
2 Case No. 12-031, 43700 Expo Center, they have
3 asked to be tabled until the September 11th
5 VICE CHAIR SKELCY: Do we need to
6 do a motion now or later for that?
7 MS. SAARELA: If you're going to do
8 a motion, you can do it now.
9 VICE CHAIR SKELCY: All right. I
10 will entertain a motion.
11 MR. GHANNAM: I will move to
12 adjourn that particular case to the next
13 meeting in September.
14 MR. GERBLICK: Second.
15 VICE CHAIR SKELCY: Having heard
16 that motion and the second, all in favor say
18 THE BOARD: Aye.
19 VICE CHAIR SKELCY: All those
21 (None opposed.)
22 VICE CHAIR SKELCY: The motion
24 We have the prior minutes from
25 July 10th, and are there any changes to
2 MR. GHANNAM: Are there any other
3 changes to the agenda, because if not, I'll
4 move to approve the agenda.
5 If there is none, I'll move to
6 approve the agenda as amended.
7 MR. SANGHVI: Second.
8 VICE CHAIR SKELCY: Having a motion
9 and a second, all those in favor?
10 THE BOARD: Aye.
11 VICE CHAIR SKELCY: Those opposed?
12 (None opposed.)
13 VICE CHAIR SKELCY: Okay, motion
15 And are there any changes to
16 the prior minutes from July 10th of 2012?
17 Mr. Boulard?
18 MR. BOULARD: Just a couple
19 changes. Page seven line 18, it says
20 Mr. Phillips, I believe that should be
21 Mr. Valenti.
22 And page 46, line 16 --
23 actually line 15, line 16 as mentioned in the
24 staff report. Thank you.
25 VICE CHAIR SKELCY: Any other
1 changes, Mr. Sanghvi?
2 MR. SANGHVI: Page 56, line 16, the
3 correction of the spelling of the name it
4 should read (inaudible).
5 VICE CHAIR SKELCY: I'm afraid the
6 court reporter could not hear you.
7 MR. SANGHVI: Try again. Can you
8 hear me now?
9 (Affirmative response from the court reporter.)
10 MR. SANGHVI: We need to change the
11 name, spelling, replace the N which is there
12 on the page -- line 16 there on the page 56.
13 VICE CHAIR SKELCY: Any other
15 (No responses.)
16 VICE CHAIR SKELCY: I'll entertain
17 a motion to approve the minutes.
18 MR. GHANNAM: So moved.
19 MR. SANGHVI: Second.
20 VICE CHAIR SKELCY: Having heard a
21 motion and a second, all those in favor say
23 THE BOARD: Aye.
24 VICE CHAIR SKELCY: Those opposed?
25 (No responses.)
1 VICE CHAIR SKELCY: The motion
3 At this time, we will invite
4 any public remarks from the audience that do
5 not pertain to any of the cases that are on
6 the schedule for tonight.
7 Are there any audience members
8 that would like to make any public comments?
9 (No responses.)
10 VICE CHAIR SKELCY: Seeing none, we
11 will now move onto our first case.
12 Calling Case No. 12-031 at the
13 address of 44275 Twelve Mile Road.
14 Please state your name. If
15 you are not a lawyer, you have to be sworn in
16 by the secretary and make sure you spell your
17 name for the court reporter.
18 MR. DIFFIN: Matt Diffin, M-a-t-t,
19 D-i-f-f-i-n. I'm with Diffin Umlor
20 Associates, a civil engineering consultant,
21 representing Spiegel Properties and Sun
22 Valley, LTD the owners.
23 VICE CHAIR SKELCY: Can you please
24 be sworn by the secretary.
25 MR. DIFFIN: Yes.
1 MS. KRIEGER: In Case No. 12-021,
2 on 44275 Twelve Mile Road, do you swear to
3 tell the truth?
4 MR. DIFFIN: I do.
5 MS. KRIEGER: Thank you.
6 VICE CHAIR SKELCY: You may
8 MR. DIFFIN: The existing Fountain
9 Walk development project is located -- turn
10 it this way, north would be up -- north would
11 actually be up. Twelve Mile Road would be at
12 the top, I-96 would be towards the bottom.
13 The property is surrounded by
14 public roadways on all four sides. The
15 zoning regulations basically state that we
16 need to provide the proposed dumpster and
17 unloading area in the rear yard, but because
18 there is four roadways abutting the property,
19 there is no rear yard.
20 So that's our hardship. It's
21 pretty cut and dry as far as that goes.
22 We are proposing to develop a
23 new parking area in the 57,000 square foot
24 retail area in the center of the property.
25 We are proposing to have an
1 unloading area at the rear of our building.
2 And the dumpster is at the rear of the
3 proposed building, that would abut up against
4 the existing unloading areas for like Dick's
5 Sporting Goods. This is Chuck E. Cheese over
6 here (indicating), all their dumpsters and
7 unloading areas are in that rear area now.
8 So we will just have our
9 unloading area and dumpster abutting up
10 against the existing -- we are way over 300
11 some feet from our property lines.
12 There is no residential
13 development that abut this property or
14 anything of that nature. So it really
15 doesn't effect anybody other than our
17 If there is any questions,
18 I'll be happy to answer them.
19 VICE CHAIR SKELCY: Thank you. I
20 will ask if there are any public comments on
21 this particular case?
22 (No responses.)
23 VICE CHAIR SKELCY: Seeing none,
24 I'll move onto the city. Any comments from
25 the city or the city attorney?
1 MS. SAARELA: No.
2 MR. BOULARD: Just a point of
3 reference. This -- accompanying the request
4 is a report from the planners, and you will
5 note that the -- based on the approval of the
6 site plan, that the planners -- in review
7 that the planners support both these
8 variances, as the property is unique and the
9 situation is most appropriate to get those
10 areas tucked in that back corner. Thank you.
11 VICE CHAIR SKELCY: Thank you. I
12 will ask Madam Secretary to read into the
13 record any comments.
14 MS. KRIEGER: In Case No. 12-021,
15 31 were mailed, zero returns, no responses.
16 VICE CHAIR SKELCY: I will now open
17 it up to the Board. Are there any questions
18 or comments?
19 Member Sanghvi?
20 MR. SANGHVI: Thank you. I think
21 it is pretty obvious they don't have any rear
22 yard, so there is no way they can comply with
23 the ordinance. They obviously need this
24 variance approved before they can build, and
25 I have no problem with it.
1 VICE CHAIR SKELCY: Thank you. Any
2 other comments? Member Krieger?
3 MS. KRIEGER: I also see that
4 because they have no rear yard, but I did
5 have a question.
6 Do you have a tenant proposed
7 for this area already?
8 MR. DIFFIN: Well, the parking
9 area, we are proposing to start construction
10 as soon as we can this fall. It's more of a
11 convenience for parking. There is a lot of
12 smaller tenants in the existing buildings to
13 the south, that they won't sign leases until
14 they get parking directly adjoining those
15 building pads. We want to get the parking
16 built first, and we will -- they're working
17 on getting new tenants both for the vacancies
18 they have there as well as the new building,
19 but they're not proposing to build the new
20 building until either later in the spring or
21 next year.
22 MS. KRIEGER: Thank you.
23 VICE CHAIR SKELCY: Thank you,
24 Member Krieger.
25 Any other comments, discussion
2 I will now entertain a motion.
3 Member Gedeon?
4 MR. GEDEON: In Case 12-021, 44275
5 Twelve Mile Road, I move to approve both
6 variances as requested because there are
7 unique circumstances or physical conditions
8 of the property. Specifically the property
9 is bounded on all four sides by roads. So
10 there is no clear area for a rear yard.
11 The need is not self-created,
12 strict compliance with regulations will
13 unreasonably prevent the property owner from
14 using the property for permitted purpose, or
15 will render conformity with those regulations
16 unnecessarily burdensome.
17 The requested variance is the
18 minimum variance necessary to do substantial
19 justice to the applicant as well as to other
20 property owners in the district.
21 As was noted by the applicant,
22 the proposed location for the rear -- for the
23 loading area and dumpster area, will
24 correspond with the adjacent properties.
25 The requested variance will
1 not cause an adverse impact on surrounding
2 property, property values or the use and
3 enjoyment of the property in the neighborhood
4 of zoning district.
5 MS. KRIEGER: Second.
6 VICE CHAIR SKELCY: We have a
7 motion and a second.
8 Any further discussion by the
10 (No responses.)
11 Mr. Pawlowski, will you please
12 call the roll.
13 MS. PAWLOWSKI: Member Gedeon?
14 MR. GEDEON: Yes.
15 MS. PAWLOWSKI: Member Gerblick?
16 MR. GERBLICK: Yes.
17 MS. PAWLOWSKI: Member Ghannam?
18 MR. GHANNAM: Yes.
19 MS. PAWLOWSKI: Member Krieger?
20 MS. KRIEGER: Yes.
21 MS. PAWLOWSKI: Member Sanghvi?
22 MR. SANGHVI: Yes.
23 MS. PAWLOWSKI: Member Skelcy?
24 VICE CHAIR SKELCY: Yes.
25 MS. PAWLOWSKI: Member Ferrell?
1 MR. FERRELL: Yes.
2 MS. PAWLOWSKI: Motion passes seven
3 to zero.
4 MR. DIFFIN: Thank you for your
6 VICE CHAIR SKELCY: Thank you.
7 The second item on the agenda
8 has been moved.
9 We will move now to Case No.
10 3, which is No. 12-032, with the address of
11 24926 Bloomfield Court.
12 Would the applicant please
13 come to the podium, state your name and your
14 address and spell your name for the court
16 MR. MUNDT: I'm John Mundt,
17 representing Singh Homes. First name is
18 J-o-h-n, last name is M-u-n-d, as in David,
19 t, as in Tom.
20 VICE CHAIR SKELCY: Please be
21 sworn, if you're not a lawyer.
22 MS. KRIEGER: In Case No. 12-032,
23 address 24926 Bloomfield Court, do you swear
24 to tell the truth in this case?
25 MR. MUNDT: I do.
1 MS. KRIEGER: Thank you.
2 MR. MUNDT: Next to me I have
3 Mr. Ben Sandhu. After being a resident here
4 in Novi for nearly 20 years, Mr. Sandhu has
5 approached Singh Homes to design and build
6 him a home that would accommodate his needs
7 in the forthcoming years. He is now retired,
8 empty-nester and he has concerns with limited
9 mobility in the near future.
10 Due to that, the home that we
11 designed for Mr. Sandhu, incorporates all the
12 amenities that him and his wife would need in
13 future years on the main floor of the home.
14 This resulted in a rather
15 large footprint, which exceed the setbacks
16 set forth in the city ordinance.
17 There are a couple of special
18 circumstances with this lot, as you can see
19 in the plot plan, and in the aerial map
20 provided. The home sits at a rather large
21 distance off from Bloomfield Court compared
22 to neighboring homes.
23 Also the two sides of the home
24 that exceed the setbacks, set forth, abut, to
25 protect the woodlands and wetlands.
1 So, you know, basically if the
2 variance is granted, the home really wouldn't
3 effect any future builds or current
5 Also I'm not sure if you have
6 it in your packet or not, but just being
7 concerned with the surrounding neighbors,
8 Mr. Sandhu met with the neighbors on each
9 side of the lot, and went over the plans and
10 addressed their concerns, and they actually
11 provided letters addressed to the ZBA
12 acknowledging that they're okay with what we
13 are proposing.
14 VICE CHAIR SKELCY: Are you done?
15 MR. MUNDT: Yep.
16 VICE CHAIR SKELCY: We will now ask
17 if there is any comments from anyone in the
18 audience regarding this matter?
19 (No responses.)
20 VICE CHAIR SKELCY: Seeing none, we
21 will now move onto the city, Mr. Boulard, and
22 the city attorney?
23 MS. SAARELA: I have nothing.
24 MR. BOULARD: Nothing to add beyond
25 the staff report. Be happy to stand by for
2 VICE CHAIR SKELCY: Madam
3 Secretary, can you read the comments.
4 MS. KRIEGER: Yep. In Case. No.
5 12-032, 15 were mailed, returned mail, zero,
6 approvals, three rejections, zero.
7 The first one is "Dear Sirs
8 and Madams, I recently met representatives
9 from Singh Homes and my future neighbor
10 Ben Sandhu to go over plans for the proposed
11 residence to be built on the vacant lot
12 next-door to my home. During the meeting it
13 was brought to my attention that a variance
14 has been applied for so that the proposed
15 home could exceed the rear and side setbacks
16 of the neighboring lot. After seeing that
17 neither setback abuts to my lot, I wanted to
18 make ZBA aware that I do not have any issues
19 with the proposed home exceeding the
20 boundaries stated in Novi's code of
21 ordinances. Sincerely, Bev R. Desai."
22 The second one is, "Dear Sirs
23 and Madams, recently I met with Ben Sandhu,
24 who is getting a home built by Singh Homes
25 adjacent to the woodlands and wetlands next
1 to my home. After looking at the plans of
2 the proposed residence, I see that the
3 proposed home exceeds the rear and side
4 setbacks of the lot. I want the Zoning Board
5 to be aware that I have no issues with the
6 proposed home. Thank you -- I can't read the
7 first one -- I can't read the first --
8 Venkat P-i-s-i-p-a-t-i."
9 Then the, third one is circled
10 approval. And it's signed Jimmy Cranford,
11 Jr., and he's on Bloomfield Court as well.
12 Thank you.
13 VICE CHAIR SKELCY: Thank you. I
14 will now open it up to the Board for
15 discussion. Member Ghannam?
16 MR. GHANNAM: Thank you.
17 I reviewed the application,
18 sir. I do agree, this is a very unique lot
19 in terms of the way it's situated and it only
20 makes sense, based on what you need to grant
21 the variance. I have no problem with it.
22 Thank you.
23 VICE CHAIR SKELCY: Thank you.
24 Member Sanghvi?
25 MR. SANGHVI: I just had a
1 question. There are no wetland at woodland
2 problem with this lot, no?
3 MR. BOULARD: There are wetlands
4 and woodlands that were addressed as part of
5 the development of the neighborhood as a
7 If there are trees that need
8 to be removed on the lot, those will be dealt
9 with in that review process, but beyond that,
10 there should not -- I am not aware of any
12 MR. SANGHVI: I have no problem
13 with approving their variance request. Thank
15 VICE CHAIR SKELCY: Thank you,
16 Member Sanghvi.
17 Any other comments or
19 (No responses.)
20 VICE CHAIR SKELCY: Seeing none, I
21 will entertain a motion. Mr. Gerblick, thank
23 MR. GERBLICK: I move that we grant
24 the variance as requested in Case No. 12-032,
25 24926 Bloomfield Court. The variance has
1 unique circumstances or physical conditions.
2 The property has lots of very narrow, abutted
3 on all sides by woodlands and wetlands.
4 The need is not self-created,
5 and strict compliance with regulations
6 governing the area setback will unreasonably
7 prevent the property owner from using the
8 property for it's permitted purpose.
9 The requested variance is the
10 minimum variance necessary to do substantial
11 justice to the applicant and the requested
12 variance will not cause an adverse impact on
13 the surrounding property.
14 MR. GHANNAM: Second.
15 VICE CHAIR SKELCY: Seeing a motion
16 and a second, is there any further discussion
17 or questions by the Board?
18 (No responses.)
19 VICE CHAIR SKELCY: Seeing none,
20 I'll ask Ms. Pawlowski to please call the
22 MS. PAWLOWSKI: Member Gedeon?
23 MR. GEDEON: Yes.
24 MS. PAWLOWSKI: Member Gerblick?
25 MR. GERBLICK: Yes.
1 MS. PAWLOWSKI: Member Ghannam?
2 MR. GHANNAM: Yes.
3 MS. PAWLOWSKI: Member Krieger?
4 MS. KRIEGER: Yes.
5 MS. PAWLOWSKI: Member Sanghvi?
6 MR. SANGHVI: Yes.
7 MS. PAWLOWSKI: Member Skelcy?
8 VICE CHAIR SKELCY: Yes.
9 MS. PAWLOWSKI: Member Ferrell?
10 MR. FERRELL: Yes.
11 MS. PAWLOWSKI: Motion passes seven
12 to zero.
13 MR. MUNDT: Thank you very much.
14 VICE CHAIR SKELCY: Congratulations.
15 We will now call the next
16 case, which is 12-033, with the address of
17 21937 Meridian Lane, ask the applicant to
18 please go to the podium.
19 Please state your name, your
20 address and spell your name for the court
21 reporter. Then I will ask you to be sworn in
22 by our secretary.
23 MR. ROBSON: My name is Neal
24 Robson, N-e-a-l, R-o-b-s-o-n.
25 MR. HULETT: My name is Gail
1 Hulett, G-a-i-l, H-u-l-e-t-t. I'm the owner
2 of the property.
3 MR. ROBSON: I'm the building
5 VICE CHAIR SKELCY: Thank you.
6 Will you please be sworn by the secretary.
7 MS. KRIEGER: In Case No. 12-033,
8 for 21937 Meridian Lane, do you both swear to
9 tell the truth in this case?
10 MR. HULETT: Yes.
11 MR. ROBSON: Yes.
12 MS. KRIEGER: Thank you.
13 VICE CHAIR SKELCY: Thank you. You
14 may now proceed.
15 MR. HULETT: What is in back of the
16 house now is a deck that is built up on
17 posts. It's very unsightly, and it's not too
19 What I plan on putting back
20 there is a brick screened-in porch, covered
21 to the roof, and I need this, for one thing
22 is that I get skin cancer, and I like to sit
23 out in the backyard. And to sit out in the
24 backyard, other than when the sun goes down,
25 I just can't sit out there. I really need
1 the screened-in porch.
2 VICE CHAIR SKELCY: Any other
4 MR. ROBSON: We're just encroaching
5 the 35-foot required setback by seven feet.
6 And the lot coverage is 2 percent over the
7 maximum 25 percent, so that's what we are
8 asking for.
9 VICE CHAIR SKELCY: All right,
10 thank you. Let me now open it up for public
11 comments. Anyone in the audience care to
12 come up to the podium and make any comments?
13 (No responses.)
14 VICE CHAIR SKELCY: Seeing none,
15 I'll now open this up to -- ask Madam
16 Secretary to read any comments into the
18 MS. KRIEGER: In Case. No. 12-033,
19 39 were mailed, returned zero, responses,
21 VICE CHAIR SKELCY: Thank you.
22 I'll now open it up to the Board. I'm sorry,
23 city comments. Thank you.
24 MS. SAARELA: I have none.
25 MR. BOULARD: Just one. Note the
1 Turtle Creek homeowners association has seen
2 the plans and approved them and that letter
3 is in your packet. Thank you.
4 VICE CHAIR SKELCY: Thank you.
5 Now, would the Board have any comments or
6 questions for applicant? Member Sanghvi?
7 MR. SANGHVI: Thank you. Who lives
8 exactly behind you? There is very little
9 room within the back plot and your plot. Who
10 is your neighbor right behind you? Have you
11 talked to them?
12 MR. HULETT: I have not talked to
13 those people.
14 MR. SANGHVI: You haven't to talked
15 to anybody --
16 MR. HULETT: Yes, I talked to the
17 people on both sides of me, the one across
18 the street.
19 MR. SANGHVI: Not behind yourself,
20 behind your property?
21 MR. HULETT: No.
22 MR. SANGHVI: How much is the
23 distance between you and your backdoor
25 MR. HULETT: It will encroach the
1 35-foot setback by seven feet, so the porch
2 would be 27 foot.
3 MR. SANGHVI: I was there a couple
4 of days ago. I looked. It is pretty close
5 to their property.
6 MR. ROBSON: Doesn't the guy that
7 wrote the letter to the association, doesn't
8 he live right behind you or not?
9 MRS. HULETT: Not exactly behind
11 MR. ROBSON: Oh, not exactly behind
12 you, okay.
13 MR. SANGHVI: Do you have a
14 homeowners association in your area?
15 MR. HULETT: Yes, they approved it.
16 MR. SANGHVI: They have approved
18 MR. ROBSON: Yes.
19 MR. SANGHVI: You got one of those
20 in the file?
21 MS. KRIEGER: Yep.
22 MR. HULETT: In fact, the president
23 of the homeowners association lives behind
25 MR. SANGHVI: Fine. Thank you.
1 VICE CHAIR SKELCY: Any other
2 comments or questions? Member Krieger?
3 MS. KRIEGER: On the map, the
4 Google map, it seem that the house was set
5 back, was it built that way or did you
6 purchase it that way?
7 MR. HULETT: I'm a little hard of
9 MS. KRIEGER: The Google map shows
10 that the house seems to be a little farther
11 back compared to the other houses on the
13 MR. HULETT: That's because the
14 garage is built in front of the house.
15 MS. KRIEGER: You bought it that
17 MR. HULETT: Yes, I bought it that
19 MS. KRIEGER: So it's a unique
20 circumstance that yours is different than the
21 others. That was my question. Thank you.
22 MR. HULETT: Yes.
23 VICE CHAIR SKELCY: Any other
24 questions or comments?
25 (No responses.)
1 VICE CHAIR SKELCY: Seeing none, I
2 will now entertain a motion. Member Krieger?
3 MS. KRIEGER: In Case No. 12-033,
4 for 21937 Meridian Lane, I move to approve
5 the requested variance that the -- there are
6 unique circumstances and physical conditions
7 of the property such as the narrowness,
8 shallowness, shape, water, topography, the
9 position of footprint of the house on the
10 property compared to the neighbors, and
11 similar physical conditions and the need for
12 the variance is not due to the applicant's
13 personal or economic difficulty.
14 The need is not self-created.
15 Strict compliance with regulations governing
16 areas, setback frontage, height, bulk,
17 density or other dimensional requirements
18 will unreasonably prevent the property owner
19 from using the property for a permitted
20 purpose or will render conformity with those
21 regulations unnecessarily burdensome.
22 The petitioner stated that the
23 deck that he had there now, that he would
24 like to improve it, so by improving it, would
25 increase the property -- potentially increase
1 property values.
2 The requested variance is the
3 minimum variance necessary to do substantial
4 justice to the applicant as well as to other
5 property owners in the district and has been
6 approved by the homeowners association.
7 And the requested variance
8 will not cause an adverse impact on
9 surrounding property, property values or the
10 use and enjoyment of the property in the
11 neighborhood or zoning district.
12 MR. SANGHVI: Second.
13 VICE CHAIR SKELCY: We have a
14 motion and a second. Is there any further
16 (No responses.)
17 VICE CHAIR SKELCY: Seeing none, I
18 will ask Ms. Pawlowski to call the roll.
19 MS. PAWLOWSKI: Member Gedeon?
20 MR. GEDEON: Yes.
21 MS. PAWLOWSKI: Member Gerblick?
22 MR. GERBLICK: Yes.
23 MS. PAWLOWSKI: Member Ghannam?
24 MR. GHANNAM: Yes.
25 VICE CHAIR SKELCY: Member Krieger?
1 MS. KRIEGER: Yes.
2 MS. PAWLOWSKI: Member Sanghvi?
3 MR. SANGHVI: Yes.
4 MS. PAWLOWSKI: Member Skelcy?
5 VICE CHAIR SKELCY: Yes.
6 MS. PAWLOWSKI: Member Ferrell?
7 MR. FERRELL: Yes.
8 MS. PAWLOWSKI: Motion passes seven
9 to zero.
10 VICE CHAIR SKELCY: Congratulations.
11 MR. HULETT: Thank you very much.
12 VICE CHAIR SKELCY: We will now
13 move onto the fifth case, which is 12-034,
14 121 Austin Drive.
15 Will the applicant please come
16 down to the podium, state your name, spell it
17 and then I will ask that you be sworn in by
18 the secretary.
19 MR. RUTHERFORD: My name is Robert
20 Rutherford, R-o-b-e-r-t, R-u-t-h-e-r-f-o-r-d.
21 VICE CHAIR SKELCY: And Mrs. --
22 MRS. RUTHERFORD: It's Kelly
23 Rutherford, K-e-l-l-y, R-u-t-h-e-r-f-o-r-d.
24 VICE CHAIR SKELCY: Thank you.
25 Will you now be sworn by the secretary.
1 MS. KRIEGER: In Case No. 12-034,
2 on 121 Austin Drive, do you both swear to
3 tell the truth in this case?
4 MR. RUTHERFORD: Yes.
5 MRS. RUTHERFORD: Yes.
6 VICE CHAIR SKELCY: Thank you. You
7 may proceed.
8 MR. RUTHERFORD: First of all, I'd
9 like to bring up something that's on this
10 paper. I think it's either a typographical
11 error on this paper or I may have done it
13 But the setback on this house
14 is only ten feet. It's not what it states on
15 here. It's backwards. The side yard is only
16 two foot ten inches from the side property
17 line. And the front yard setback is only
18 10 feet on one side, 11 feet on the other
19 side of the house, from the 60-foot
21 I don't know if anyone went by
22 the house, but the house is staked for the
24 VICE CHAIR SKELCY: Mr. Boulard, do
25 we have an error here or --
1 MR. RUTHERFORD: I don't know if
2 it's a typographical error on this, or what I
3 turned in.
4 VICE CHAIR SKELCY: If so, would we
5 need to readvertise?
6 MR. BOULARD: Can I see the file,
8 VICE CHAIR SKELCY: Give us a
10 MR. BOULARD: I'm sorry. If I may.
11 You indicated that the house is actually two
12 foot ten from the property line?
13 MR. RUTHERFORD: From the left-hand
14 side property line, which I live in the house
16 MR. BOULARD: The front yard is
17 only 10 feet, not 20 feet?
18 MR. RUTHERFORD: The front yard is
19 ten -- the front of the house on the
20 right-hand side is 10 foot two inches from
21 the edge of the 60 foot right-of-way and on
22 the left-hand side of the house it's 11,
23 three. It's on the drawing. I neglected to
24 bring my own drawing.
25 MS. KRIEGER: It's on the second
2 VICE CHAIR SKELCY: Thank you.
3 MR. BOULARD: I'm sorry, it appears
4 we'll have to renotice.
5 VICE CHAIR SKELCY: Because of the
6 discrepancy, the people who could be impacted
7 by this in your neighborhood, will have to be
8 put on notice, which means that we will have
9 to move your particular matter.
10 I hope we can do it --
11 MR. RUTHERFORD: The notice that I
12 received -- it wasn't typed the same as this?
13 MR. BOULARD: What was that? Do
14 you have your notice?
15 MS. PAWLOWSKI: It will be in the
17 MR. BOULARD: We will need to
18 renotice and we can put it on the September
19 11th meeting.
20 VICE CHAIR SKELCY: All right. I
21 am very sorry, but we will have to renotice
22 your matter so that your neighbors, who could
23 be impacted, can see the exact specifications
24 that are being requested.
25 We will move it to the next
1 meeting of September 11th, 2012. And I
2 apologize for this inconvenience for you
4 MR. RUTHERFORD: Is this the same
5 way it was typed on the other one? The one
6 that was mailed out?
7 MRS. RUTHERFORD: As far as my
8 understanding, the part that I read just said
9 we were requesting a variance, did not say
10 what -- I mean, it says what type, but not as
11 in the size. It just says what the setbacks
12 are supposed to be.
13 VICE CHAIR SKELCY: Let me check
14 with the city.
15 MR. RUTHERFORD: Do you have the
16 paper that was sent --
17 VICE CHAIR SKELCY: It's in the
18 master file. We don't each get an individual
19 copy of your file.
20 MR. RUTHERFORD: I walked around to
21 all the neighbors, and I mean, I got five or
22 six or more back.
23 MS. SAARELA: We are going to
24 double check what we need to do -- look in
25 the newspaper.
1 MS. KRIEGER: So the second page
2 that we have compared to the first because
3 they are different that we have to renotice?
4 MS. SAARELA: It would be because
5 of what's in the notice, that we have to
6 renotice. If it's inaccurate in the notice,
7 with what the public is getting, so we have
8 to renotice.
9 So Angie is going to check
10 what went in the newspaper.
11 MR. RUTHERFORD: I don't read the
12 paper, too much bad news on the TV.
13 MS. SAARELA: It went into the
14 paper reversed, inaccurately, so it's going
15 to have to be renoticed in the paper.
16 VICE CHAIR SKELCY: Again, sorry
17 for the inconvenience tonight. We will look
18 forward to seeing you again in September.
19 MR. RUTHERFORD: Thank you for your
21 VICE CHAIR SKELCY: Do we have to
22 do a motion?
23 MS. SAARELA: Just a motion to
24 table it until September.
25 MR. SANGHVI: I make a motion to
1 table this particular case for the next
3 MR. GERBLICK: Second.
4 VICE CHAIR SKELCY: All those in
6 THE BOARD: Aye.
7 VICE CHAIR SKELCY: All those
9 (No responses.)
10 VICE CHAIR SKELCY: Motion carries.
11 We will now see this matter next month.
12 We will move onto our next
13 case, which is No. 6, 12-035, with the
14 address of 41200 Bridge Street. Would the
15 applicant please come forward. Thank you.
16 MR. HADLEY: Good evening. My name
17 is Lawrence Hadley. That's L-a-w-r-e-n-c-e,
18 H-a-d-l-e-y, and I'm not an attorney.
19 MS. KRIEGER: In Case No. 12-035,
20 for 41200 Bridge Street, do you swear to tell
21 the truth in this case?
22 MR. HADLEY: I do. Good evening.
23 Thank you for your time.
24 The basic issue with this sign
25 variance is the topography of the site is
1 such that the building is blocked from view
2 on Bridge Street by a berm and on Meadowbrook
3 by a berm. And so that makes it very
4 difficult for passersby to become aware of
5 the building.
6 Even in this day of age of
7 advanced internet marketing and all that,
8 which we do, people still drive around and
9 look at signs, even after they have done the
10 marketing, looked at our stuff on the web.
11 In a year's time, since I have
12 been handling the leasing, we have only had
13 one new tenant, and that was an expansion of
14 an existing tenant. Other than that, we have
15 not had any new leases from outsiders because
16 the market has been so low.
17 We are getting more traffic
18 and we were getting better traffic, but it's
19 been very slow but sure, because the leasing
20 market is still coming around and the
21 slowness of the Detroit marketplace, we still
22 have lots and lots of competition. So that's
23 why it's important for us to be able to have
24 the visibility of our sign on Meadowbrook and
25 hence that variance.
1 VICE CHAIR SKELCY: Thank you. Any
2 public comments on this matter?
3 (No responses.)
4 VICE CHAIR SKELCY: Seeing none,
5 Madam Secretary -- I'm sorry, any comments
6 from the city?
7 MS. SAARELA: I have none.
8 VICE CHAIR SKELCY: Mr. Boulard?
9 MR. BOULARD: Nothing to add.
10 VICE CHAIR SKELCY: Thank you.
11 Madam Secretary, could you please read any
12 comments into the record.
13 MS. KRIEGER: In Case No. 12-035,
14 35 were mailed, 13 returned mailed, responses
16 VICE CHAIR SKELCY: Thank you. I
17 will now open it up to the Board for comments
18 and questions. Mr. Sanghvi?
19 MR. SANGHVI: I think the market
20 conditions haven't changed very much since
21 you were here last, have they?
22 MR. HADLEY: No, sir.
23 MR. SANGHVI: I know you had this
24 sign for a few years, but it looks like
25 you're not getting anywhere. I understand
1 the need for continuing to have the sign
2 where it is. Thank you.
3 VICE CHAIR SKELCY: Thank you. Any
4 other comments?
5 I have a question for the
6 city. Is this the sixth year that this sign
7 has been up from what I see here?
8 MR. SANGHVI: Three years.
9 VICE CHAIR SKELCY: I see that it
10 mentions the '06, 010?
11 MR. BOULARD: There was a variance
12 granted in '06, Case No. 010 for one year, in
13 '07, Case No. 22 for two years, and '09, Case
14 025 for two years, and then ZBA Case No.
15 11-022 for one year.
16 VICE CHAIR SKELCY: So we have had
17 it up for six years?
18 MR. BOULARD: Yes.
19 VICE CHAIR SKELCY: Thank you.
20 Member Ghannam?
21 MR. GHANNAM: I guess, sir, my
22 problem is that it has been so long, and we
23 can't grant variances necessarily just
24 because you want a bigger sign, everybody
25 wants bigger and better. I understand that.
1 I follow you on that.
2 But at some point, a temporary
3 sign becomes almost permanent. I guess
4 that's my problem with sometimes there is --
5 I can see some needs for it. But if it's
6 just the size, I couldn't support it.
7 MR. HADLEY: I don't believe our
8 variance is strictly for size. Our variance
9 is also for our distance of our sign from our
10 property sign, which is why we want it out on
11 Meadowbrook Road.
12 I think that's the larger
13 concern for us.
14 MR. GHANNAM: That's a good point.
15 We can grant a variance for the distance
16 between -- you know, or proximity to the
17 road, but not for the size of the sign? Can
18 we do that?
19 MS. SAARELA: You could grant
20 whichever, or both or neither.
21 MR. GHANNAM: I have no problem
22 with the location, my personal opinion. To
23 me, you know, because it is more visible and
24 it makes sense, but the size is, I guess, the
25 issue. You've had it for six years, you
1 know, and I don't know that a bigger size
2 sign is necessarily going to bring in more
3 traffic. Even if it did, that's not a basis
4 for us to grant the petition.
5 So I don't have a problem with
6 the size personally, but I do with the -- I
7 have a problem with the size, but not the
9 VICE CHAIR SKELCY: Any other
10 comments? Member Gerblick?
11 MR. GERBLICK: Reading through your
12 application here, I didn't see anywhere how
13 long you were requesting to extend the sign?
14 MR. HADLEY: I guess I just assumed
15 it was a year.
16 MR. GERBLICK: One year.
17 VICE CHAIR SKELCY: Anything else?
18 Any other comments or questions? I will
19 entertain a motion.
20 MR. GEDEON: I will take it.
21 VICE CHAIR SKELCY: Thank you,
22 Member Gedeon.
23 MR. GEDEON: In Case No. 12-035,
24 for 41200 Bridge Street, I move to request
25 the variance as -- I move to approve the
1 variance as requested. The request is based
2 on circumstances or features that are
3 exceptional and unique to the property.
4 Specifically the applicant mentioned that
5 there are berms along the road that book --
6 that obstruct the view of the property, and
7 do not result from conditions that exist
8 generally in the city or that are
10 Failure to grant relief will
11 unreasonably present -- or limit the use of
12 the property and will result in substantially
13 more than mere inconvenience or inability to
14 attain a higher economic or financial return.
15 The grant of relief will not
16 result in a use of structure that is
17 incompatible with or unreasonably interferes
18 with adjacent or surrounding properties or
19 will result in substantial justice being done
20 to both the applicant and adjacent
21 surrounding properties and is not
22 inconsistent with the spirit of the
24 Just to clarify that this
25 variance is being granted for a one-year
2 MR. SANGHVI: Second.
3 VICE CHAIR SKELCY: I have a motion
4 and a second. Any further discussion?
5 (No responses.)
6 VICE CHAIR SKELCY: Seeing none, I
7 will ask Ms. Pawlowski to please take the
9 MS. PAWLOWSKI: Member Gedeon?
10 MR. GEDEON: Yes.
11 MS. PAWLOWSKI: Member Gerblick?
12 MR. GERBLICK: No.
13 MS. PAWLOWSKI: Member Ghannam?
14 MR. GHANNAM: No.
15 MS. PAWLOWSKI: Member Krieger?
16 MS. KRIEGER: Yes.
17 MS. PAWLOWSKI: Member Sanghvi?
18 MR. SANGHVI: Yes.
19 MS. PAWLOWSKI: Member Skelcy?
20 VICE CHAIR SKELCY: No.
21 MS. PAWLOWSKI: Member Ferrell?
22 MR. FERRELL: Yes.
23 VICE CHAIR SKELCY: Motion passes
24 four to three.
25 MR. HADLEY: Thank you.
1 VICE CHAIR SKELCY: Thank you.
3 All right. We will move now
4 listen to the seventh case tonight. Is the
5 applicant here?
6 MR. HADLEY: I'm still here. It's
7 your lucky day.
8 VICE CHAIR SKELCY: Calling Case
9 No. 12-036 for the address of 25975
10 Meadowbrook Road.
11 Please state your name.
12 MR. HADLEY: My name is
13 Lawrence Hadley. Do you need me to spell it
15 VICE CHAIR SKELCY: No.
16 MR. HADLEY: The situation here is
17 somewhat similar. In this particular case,
18 the property on Meadowbrook Road. There is,
19 number one, a very large wetlands area in
20 front of the single tenant building in front
21 of the complex. The topography slopes up
22 dramatically, again, inhibiting visibility
23 and the vacancy there is even more severe.
24 At this time last year we had
25 approximately 21, 22,000 square foot vacant.
1 Since then I have leased two units totaling
2 4,500 square feet, so we still have close to
3 40 percent vacancy in that particular
4 multi-tenant complex. And notwithstanding
5 all of our, you know, internet marketing
6 efforts and dropping flyers in the area and
7 all those other things.
8 So that's why the importance
9 of the visibility of the signage on
10 Meadowbrook as the other properties have, is
11 again important for that property.
12 VICE CHAIR SKELCY: Are there any
13 comments from the audience?
14 (No responses.)
15 VICE CHAIR SKELCY: Seeing none, I
16 will now move onto the city. Any comments
17 from the city?
18 MS. SAARELA: I have none.
19 MR. BOULARD: If I could just
20 clarify the -- there is some previous
21 variance requests listed in the staff report
22 and I wanted to clarify. Those actually are
23 06-11 for one year, 07-021 for two, 09-026
24 for two years and 11-023 for one year, so the
25 same total times the last request.
1 VICE CHAIR SKELCY: Thank you.
2 Madam Secretary, would you read into the
3 record any comments.
4 MS. KRIEGER: In Case No. 12-036,
5 33 were mailed, 11 returned, responses, none.
6 VICE CHAIR SKELCY: Thank you. I
7 will now open it up to the Board. Member
9 MR. SANGHVI: My comments are very
10 similar to the previous case, even though
11 they have leased a few places, there still
12 are a lot of vacancies out there. They need
13 help to fill this.
14 I feel very strongly that we
15 should try and help all these businesses to
16 fill their empty spaces so that our revenue
17 also improves. Thank you.
18 VICE CHAIR SKELCY: Thank you. Any
19 other comments? Mr. Gerblick?
20 MR. GERBLICK: This looks like
21 substantially the same request?
22 MR. HADLEY: Yes, sir.
23 MR. GERBLICK: One year again is
24 what you're requesting?
25 MR. HADLEY: Yes, sir.
1 MR. GERBLICK: For the comments
2 mentioned by Mr. Ghannam previously, I don't
3 know if I can support this one, same as I
4 voted last time, but --
5 VICE CHAIR SKELCY: Thank you.
6 Mr. Gedeon?
7 MR. GEDEON: In the packets
8 prepared by the city, or provided to us from
9 the city, or from the applicant, I'm not
10 sure, is it -- were the sketches of the
11 property switched between the two cases? See
12 if that clears up any confusion here.
13 MR. BOULARD: Are you speaking of
14 the aerial photograph?
15 MR. GEDEON: I'm talking about
16 specifically the sketches -- the drawing of
17 the side map.
18 MR. BOULARD: Those are as provided
19 by the applicant.
20 MR. HADLEY: I'm sitting here
21 looking at them. I might have --
22 MS. KRIEGER: Reversed them?
23 MR. HADLEY: I'm looking, ZBA Case
24 25975, that's the site plan I provided for
25 that. And then for 41200 Bridge Street,
1 that's the site plan I provided for that. I
2 mean, in my submissions, I am confident I put
3 in the -- I think I put the correct ones in.
4 MR. BOULARD: I'm not sure if it
5 was -- where there was some confusion, but
6 you are right, that the site plan -- key
7 plans provided by the applicant are switched.
8 The aerial photographs are correct.
9 MR. GEDEON: Just to clarify then
10 for the other board members, in this case,
11 this proper site plan is in the packet
12 labeled 12-035, and in this -- in the spot
13 where the sign location is, there is an empty
14 area, that's the area that the applicant
15 indicated was a wetlands area between
16 Meadowbrook Road and the subject property,
17 25825. Am I stating that correctly?
18 MR. HADLEY: Yes, sir.
19 VICE CHAIR SKELCY: Any other
20 comments, questions? Mr. Ghannam?
21 MR. GHANNAM: My comments are the
22 same from the last case. I mean, if you had
23 some other argument other than we are trying
24 to fill these things up. Take a look at
25 them, but based on strict economic reasons,
1 in what you have provided, I could not
2 support it.
3 VICE CHAIR SKELCY: Thank you.
4 Seeing no other comments, or questions, I
5 will now entertain a motion.
6 MR. GEDEON: I will take this.
7 VICE CHAIR SKELCY: Thank you,
8 Member Gedeon.
9 MR. GEDEON: In Case No. 12-036,
10 25975 Meadowbrook Road, I move that we
11 approve the requested variance as requested.
12 Specifically the request is
13 based on circumstances or features that are
14 exceptional and unique to the property, as
15 the applicant indicated, there is a large
16 wetland area separating the property from
17 Meadowbrook Road where the sign will be
19 Failure to grant relief will
20 unreasonably prevent or limit the use of the
21 property and will result in substantially
22 more than mere inconvenience or inability to
23 attain a higher economic or financial return.
24 The grant of relief will not
25 result in a use of structure that is
1 incompatible with or unreasonably interferes
2 with adjacent or surrounding properties, will
3 result in substantial justice being done to
4 both the applicant and the adjacent or
5 surrounding properties and is inconsistent
6 with the spirit of the ordinance.
7 MR. SANGHVI: Second.
8 MS. KRIEGER: That was for one
10 MR. GEDEON: Yes, I would specify
11 that would be for one year.
12 MR. SANGHVI: Agree.
13 VICE CHAIR SKELCY: Seeing a motion
14 and a second, any further discussion?
15 (No responses.)
16 VICE CHAIR SKELCY: Ms. Pawlowski,
17 will you please call the roll.
18 MS. PAWLOWSKI: Member Gedeon?
19 MR. GEDEON: Yes.
20 MS. PAWLOWSKI: Member Gerblick?
21 MR. GERBLICK: No.
22 MS. PAWLOWSKI: Member Ghannam?
23 MR. GHANNAM: No.
24 MS. PAWLOWSKI: Member Krieger?
25 MS. KRIEGER: Yes.
1 MS. PAWLOWSKI: Member Sanghvi?
2 MR. SANGHVI: Yes.
3 MS. PAWLOWSKI: Member Skelcy?
4 VICE CHAIR SKELCY: No.
5 MS. PAWLOWSKI: Member Ferrell?
6 MR. FERRELL: Yes.
7 MS. PAWLOWSKI: Motion passes four
8 to three.
9 VICE CHAIR SKELCY: Congratulations.
10 MR. HADLEY: Thank you very much
11 for your time.
12 VICE CHAIR SKELCY: We will now
13 call the Case of 12-037, the address is 26940
14 Tart Road.
15 Would the applicant please
16 come forward, state your name, spell your
17 name, then be sworn in by the secretary, if
18 you are not a lawyer.
19 MR. GILTNER: My name is
20 David Giltner, G-i-l-t-n-e-r.
21 MS. KRIEGER: Are you a lawyer?
22 MR. GILTNER: No, I am not.
23 MS. KRIEGER: In 12-037, for 26940
24 on Taft Road, do you swear to tell the truth
25 in this case?
1 MR. GILTNER: I do.
2 VICE CHAIR SKELCY: Thank you.
3 Please proceed.
4 MR. GILTNER: The property is on
5 Taft Road north of Grand River and at the
6 I-96 freeway there. And I am here to get a
7 sign that fronts the freeway.
8 VICE CHAIR SKELCY: Anything else?
9 MR. GILTNER: No.
10 VICE CHAIR SKELCY: All right.
11 Thank you. Are there any comments from the
13 (No responses.)
14 VICE CHAIR SKELCY: All right. Now
15 we will ask for any comments from the city?
16 MS. SAARELA: I have no comments.
17 MR. BOULARD: No comments.
18 VICE CHAIR SKELCY: Okay. Thank
19 you. Madam Secretary, can you please read
20 any comments into the record.
21 MS. KRIEGER: In Case No. 12-037,
22 17 were mailed, five returned, responses,
24 VICE CHAIR SKELCY: Thank you. I
25 will now open it up to the Board.
1 MS. KRIEGER: Does Oakland
2 County -- because it's going to be facing the
3 expressway, would Oakland County or the State
4 have any participation?
5 MR. BOULARD: No.
6 VICE CHAIR SKELCY: Thank you. Any
7 comments? Member Sanghvi?
8 MR. SANGHVI: Thank you. I think
9 Taft Road leads to nowhere in that area
10 because it comes next to the highway. They
11 need a sign to say that this place is vacant
12 and available for leasing. I have no
13 difficulty in accepting that request and
14 granting the variance as requested.
15 VICE CHAIR SKELCY: Thank you. Any
16 other comments or questions from the Board?
17 Member Ghannam?
18 MR. GHANNAM: Where was the intent
19 to place this particular sign, sir?
20 MR. GILTNER: Fronting the freeway,
21 north of the building, between the building
22 and the freeway.
23 MR. GHANNAM: Not on the building,
24 but on a sign adjacent to the freeway?
25 MR. GILTNER: I believe we are
1 requesting a V-shaped sign.
2 MR. GHANNAM: In this particular
3 case -- we have had a number of signs that
4 abuts freeways. This is one of the
5 properties obviously that is adjacent to the
7 I understand the need, when
8 it's basically -- it's not a road sign like
9 on a Meadowbrook or other type of road.
10 Facing the freeway, people are going fast,
11 and I understand a larger sign gets quicker
12 attention and it's easier to read.
13 So on this particular one, I
14 have no problem with it.
15 Are you requesting any
16 particular time frame?
17 MR. GILTNER: I typically request a
18 year. I have a year listing, although
19 sometimes it expired from that.
20 MR. GHANNAM: I understand. I have
21 no problem with the area. Thank you.
22 VICE CHAIR SKELCY: Thank you. Any
23 other comments, questions?
24 MR. SANGHVI: I'm going to request
25 we do -- make it two years or less depending
1 upon when it is sold.
2 VICE CHAIR SKELCY: A suggestion
3 from Member Sanghvi at this point regarding a
4 motion. Thank you.
5 Any other comments?
6 MR. GEDEON: I do have one comment.
7 For the city, if we approve this variance, do
8 we have to specify whether or not the square
9 footage of the sign is spread between two
10 faces or one face, or I mean, I see that
11 there is a note in there saying that the
12 applicant did not provide a specific
13 rendering of the sign, or shape of the sign.
14 Do we have to address that?
15 MR. BOULARD: The sign -- if the
16 sign is V-shaped and the widest part of the
17 sign is less than two feet, then it would
18 count -- we would count only one face in the
19 area that's requested.
20 If the sign is larger, if the
21 V is larger than two feet, then both faces
22 would count, and so the sign, as I understand
23 it, was 48 feet, which was -- but it was
24 fairly wide V, to take advantage -- the 48
25 feet was both faces together, 224 square foot
1 wide, or square foot area faces. Is that
2 your understanding also?
3 MR. GILTNER: I guess if no matter
4 what our previous intention was, I would sort
5 of step back and say one single flat sign, if
6 that's correct, I would rather have one
7 single flat sign, so that the writing could
8 be more legible from the freeway, rather than
9 two smaller signs that are V-shaped.
10 MR. GHANNAM: Here we are just
11 approving square footage, correct? So it
12 doesn't matter which way he does it, as long
13 as he complies?
14 MR. BOULARD: Right. It's just if
15 the intent was for a double face sign, which
16 was what was originally requested, that --
17 the permit was originally for a V-shaped
18 sign, in which both faces would add up to 48
19 square feet. That's what is in
20 Jeanne Nilan's letter that is in the packet.
21 If the Board approved 48
22 square feet total, then the petitioner
23 decided, I just want to do a one-sided sign,
24 then the sign would be, you know, that
25 much -- the sign face would be 48 square
1 foot, fairly big sign.
2 MR. GILTNER: That would be my
4 VICE CHAIR SKELCY: Member
6 MR. GERBLICK: Based the mock-up we
7 got here, it says the sign is to be six by
8 eight, which would be 48 square feet,
9 double-sided sign would be 96. Am I reading
10 that right?
11 MR. GILTNER: I would need a
12 double-sided sign, right, because --
13 MR. GERBLICK: You wouldn't need
15 MR. GILTNER: No, there is no
16 traffic on Taft Road. It's a dirt road.
17 MR. GERBLICK: Single face sign?
18 MR. GILTNER: A single face sign,
19 just facing the freeway.
20 MR. BOULARD: The sign that was
21 originally applied for in the sign permit was
22 double-sided. That's why the letter was
23 written that way, and that was the basis then
24 for the appeal.
25 MR. GILTNER: I'm not looking to
1 re-invent the wheel. I'm just looking -- if
2 that was what was applied for, we can do
3 that, but there isn't really any traffic on
4 Taft Road there, whatever is easier.
5 Like I said, I don't want to
6 re-invent the wheel. I'm looking to maximize
7 the face that fronts the freeway.
8 VICE CHAIR SKELCY: Would we have
9 to readvertise?
10 MR. BOULARD: No.
11 VICE CHAIR SKELCY: Member Ferrell?
12 MR. FERRELL: How many signs do you
13 have on your property right now? Because I
14 was out there the other day, I thought I saw
15 three of them, is that correct?
16 MR. GILTNER: I think there is one
17 at the entrance to Grand River and Taft, a
18 directional sign, and just the one in front
19 yard, as far as I know.
20 MR. FERRELL: There is one by the
21 expressway right now, right?
22 MR. GILTNER: I wasn't aware of
24 MR. FERRELL: I saw it today when I
25 was driving. I don't know if that was yours.
1 I'm almost positive it was. But I did drive
2 by the other day and I saw a sign. I don't
3 know if that's your property.
4 MR. GILTNER: I had to complain to
5 our sign people to get a sign up, but
6 typically they don't do that until I go to
7 the ZBA, so --
8 MR. FERRELL: Okay. I saw one at
9 the corner of Taft and Grand River. There is
10 one on the property, a smaller one. Then I
11 saw -- like I said, I'm not sure if that was
12 yours or not. It was right by the building.
13 MR. GILTNER: I am not aware of a
14 freeway sign on the property at this time.
15 You would be telling me something I don't
17 VICE CHAIR SKELCY: Any other
18 comments or questions for the city?
19 MS. SAARELA: Just on if you intend
20 on granting it as not the two-faced sign,
21 that you clarify in the motion that it's not
22 a two-face, it's 48 square foot total. That
23 we are not looking at a 96 square foot sign.
24 VICE CHAIR SKELCY: Thank you.
25 MR. FERRELL: I got a question for
1 the city. How many signs are you allowed to
2 have on a property at one time?
3 MR. BOULARD: A for sale sign?
5 MR. FERRELL: Would that be
6 considered, if he's got one on the road of
7 Grand River and Taft as one as well as the
8 one that would be by the expressway?
9 MR. BOULARD: It would be a total
10 of one.
11 MR. FERRELL: Those other two signs
12 would have to --
13 MR. BOULARD: Yes.
14 VICE CHAIR SKELCY: Are you aware
15 that you would have to remove the other two
17 MR. GILTNER: I kind of planned on
18 removing the one in the front yard anyway.
19 The one on Grand River, I
20 guess I kind of viewed that as a separate
21 parcel and that would be a separate sign. I
22 didn't realize I couldn't -- my intent was to
23 do the freeway sign and the Grand River sign.
24 The Grand River sign is not on the property.
25 It's on another property. So I'd rather have
1 the freeway sign though than any of the
3 So if I had only one sign, the
4 freeway sign would be my preference.
5 VICE CHAIR SKELCY: Is the other
6 sign that's not on the property, is that
7 property also for sale?
8 MR. GILTNER: It is not.
9 VICE CHAIR SKELCY: Okay. So you
10 have placed a sign on --
11 MR. GILTNER: We typically get
12 permission from somebody before we put a sign
13 in their yard. If I recall right, that
14 property is owned by Deamarino (phonetic), a
15 long-time client of my company.
16 VICE CHAIR SKELCY: Thank you. Any
17 other questions or comments?
18 (No responses.)
19 VICE CHAIR SKELCY: I will now
20 entertain a motion. Member Gerblick?
21 MR. BOULARD: I move that in Case
22 No. 12-037, 26940 Taft Road, we grant a
23 variance for a total 48 square foot sign,
24 one-sided sign. That this request based on
25 circumstances that are exceptional and unique
1 in the property, backs up 96 freeway.
2 Failure to grant the relief will unreasonably
3 prevent or limit the use of the property that
4 will result in substantially more than a mere
5 inconvenience or inability to attain a higher
6 economic return.
7 The grant of relief will not
8 result in the use of structure that is
9 incompatible or unreasonably interferes with
10 the adjacent or surrounding properties.
11 MR. GHANNAM: For one --
12 MR. GERBLICK: The variance for one
14 MS. KRIEGER: Or until sold?
15 MR. GERBLICK: Or until sold.
16 MS. SAARELA: Are you conditioning
17 that on the removal of the other signs -- of
18 site, one placed (inaudible).
19 MR. GERBLICK: Yes.
20 VICE CHAIR SKELCY: Mr. Boulard?
21 MR. BOULARD: If I may, you
22 mentioned one year or until sold. It was the
23 lesser of those, correct?
24 MR. GERBLICK: The lesser of one
25 year or until sold.
1 MR. BOULARD: Thank you.
2 VICE CHAIR SKELCY: You understand
3 that the motion requires the removal of the
4 other two signs?
5 MR. GILTNER: I do, but I will
6 probably be back here for the Grand River
7 sign, so --
8 VICE CHAIR SKELCY: Is there a
10 MS. KRIEGER: Second.
11 VICE CHAIR SKELCY: Thank you. Any
12 further discussion? Go ahead. Nothing?
14 Ms. Pawlowski, please call the
16 MS. PAWLOWSKI: Member Gedeon?
17 MR. GEDEON: Yes.
18 MS. PAWLOWSKI: Member Gerblick?
19 MR. GERBLICK: Yes.
20 MS. PAWLOWSKI: Member Ghannam?
21 MR. GHANNAM: Yes.
22 MS. PAWLOWSKI: Member Krieger?
23 MS. KRIEGER: Yes.
24 MS. PAWLOWSKI: Member Sanghvi?
25 MR. SANGHVI: Yes.
1 MS. PAWLOWSKI: Member Skelcy?
2 VICE CHAIR SKELCY: Yes.
3 MS. PAWLOWSKI: Member Ferrell?
4 MR. FERRELL: Yes.
5 MS. PAWLOWSKI: Motion passes seven
6 to zero.
7 VICE CHAIR SKELCY: Congratulations
9 MR. GILTNER: Thank you.
10 VICE CHAIR SKELCY: All right. Are
11 there any other matters at all?
12 I would like to take this
13 opportunity to welcome Brent Ferrell to the
14 Board. This is his first night here. He's
15 our alternate and welcome.
16 MR. FERRELL: Thank you very much.
17 Very pleased to be here.
18 VICE CHAIR SKELCY: Thank you. I
19 will entertain a motion to adjourn.
20 MR. SANGHVI: So moved.
21 MS. KRIEGER: Second.
22 VICE CHAIR SKELCY: All right. We
23 are adjourned.
24 (The meeting was adjourned at 8:05 p.m.)
25 ** ** **
1 STATE OF MICHIGAN )
2 ) ss.
3 COUNTY OF OAKLAND )
4 I, Jennifer L. Wall, Notary Public within and for the
5 County of Oakland, State of Michigan, do hereby certify that the
6 hearing above, that the statements given by said individuals was
7 stenographically recorded in the presence of myself and others,
8 afterward transcribed by computer under my personal supervision,
9 and that the said statements are a full, true and correct
10 transcript of the statements given by the individuals.
11 I further certify that I am not connected by blood or
12 marriage with any of the parties or their attorneys, and that I
13 am not an employee of any of them, nor financially interested in
14 the action.
15 IN WITNESS THEREOF, I have hereunto set my hand at the
16 City of Walled Lake, County of Oakland, State of Michigan.
19 ________________ _________________________
Date Jennifer L. Wall CSR-4183
20 Oakland County, Michigan
My Commission Expires 11/12/15