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REGULAR MEETING - ZONING BOARD OF APPEALS Proceedings had and Testimony taken in the matter of the ZONING BOARD OF APPEALS, at City of Novi, 45175 West Ten Mile Road, Novi, Michigan, on Tuesday, November 20, 2012 BOARD MEMBERS ALSO PRESENT: REPORTED BY: 1 Novi, Michigan. 2 Tuesday, November 20, 2012 3 7:00 p.m. 4 ** ** ** 5 CHAIRMAN IBE: Good evening. 6 Welcome to the November 20th, 2012 Zoning 7 Board of Appeals meeting for the City of Novi 8 meeting. 9 Can we please rise for the 10 Pledge of Allegiance. 11 CHAIRMAN IBE: Ms. Pawlowski, can 12 you please call the roll. 13 MS. PAWLOWSKI: Member Gedeon? 14 MR. GEDEON: Here. 15 MS. PAWLOWSKI: Member Gerblick 16 is absent, excused. 17 Member Ghannam? 18 MR. GHANNAM: Here. 19 MS. PAWLOWSKI: Chairman Ibe? 20 CHAIRMAN IBE: Present. 21 MS. PAWLOWSKI: Member Krieger is 22 absent, excused. Member Sanghvi is absent, 23 excused. Member Skelcy is absent, excused. 24 Member Ferrell? 25 MR. FERRELL: Here.
4 1 CHAIRMAN IBE: Before we get 2 started, I'd just like to -- those who have a 3 matter before the Board, to be aware that we 4 do not have a full board this evening. 5 We do have four members. 6 Now, any decision that is 7 made today, will be final. And you do have 8 the option to opt out to have your case 9 tabled to have a full board here next month. 10 So anyone who wishes to avail 11 themselves of that opportunity, should please 12 let us know. 13 The agenda for today's 14 meeting can be found in the back of the room, 15 for those of who wish to follow the 16 proceedings. 17 When you are called to the 18 podium, please make sure you state your name 19 and also spell your last name. And if your 20 first name is difficult, also spell that, so 21 the record keeper can have a correct spelling 22 for your name when the transcript is 23 prepared. 24 You will all have five 25 minutes for your presentation. And
5 1 additional time can be given to you at the 2 discretion of the chair. 3 Do we have any modifications 4 to the minutes for today's meeting? Other 5 than the information that we have offered to 6 be tabled? 7 MS. SAARELA: The agenda or the 8 minutes? 9 CHAIRMAN IBE: I'm sorry. The 10 agenda. 11 MS. PAWLOWSKI: Yes. For the 12 agenda, we have two cases that have asked to 13 be tabled. 14 The first one is Case No. 15 PZ12-0047, at 1202 South Lake Drive. They 16 have asked to be tabled to the December 11th 17 meeting. 18 And also Case No. 4 on the 19 agenda, PZ12-0050, at 1316 East Lake Drive. 20 They have also asked to be tabled to the 21 December 11th meeting. 22 MR. GHANNAM: Do you need a 23 motion to adjourn or table those? 24 MS. SAARELA: You could do a roll 25 call, I'm sure.
6 1 CHAIRMAN IBE: Yes. Why don't we 2 have a roll call for -- can we do that 3 jointly or do we do that individually? 4 MS. SAARELA: I guess you can go 5 ahead and do it just as an overall vote. 6 CHAIRMAN IBE: Very well. Thank 7 you. Let's have a roll call to table the two 8 cases that the applicants have prior 9 requests. 10 Ms. Pawlowski, will you 11 please call the roll. 12 MS. PAWLOWSKI: Member Gedeon? 13 MR. GEDEON: Yes. 14 MS. PAWLOWSKI: Member Ghannam? 15 MR. GHANNAM: Yes. 16 MS. PAWLOWSKI: Chairman Ibe? 17 CHAIRMAN IBE: Yes. 18 MS. PAWLOWSKI: Member Ferrell? 19 MR. FERRELL: Yes. 20 MS. PAWLOWSKI: Motion passes 21 four to zero. 22 CHAIRMAN IBE: Thank you. 23 All right. Do we have any 24 modifications to the minutes from the last 25 meeting?
7 1 MR. GHANNAM: If nothing else, 2 I'll move to approve the agenda as modified. 3 MR. GEDEON: Second. 4 CHAIRMAN IBE: All those in favor 5 say aye. 6 THE BOARD: Aye. 7 CHAIRMAN IBE: All those opposed? 8 (No audible responses.) 9 CHAIRMAN IBE: Well, seeing none, 10 the agenda is adopted as written. 11 Now we move to the minutes 12 from the last meeting in October. 13 Do we have any modifications 14 to that? Any changes? 15 (No audibles responses.) 16 All right. Seeing none, we 17 have any motion to adopt the minutes from the 18 last meeting? 19 MR. GHANNAM: I will move to 20 approve the October 2012 minutes. 21 MR. GEDEON: Second. 22 CHAIRMAN IBE: Seeing that a 23 motion has been made and seconded, all those 24 in favor say aye. 25 THE BOARD: Aye.
8 1 CHAIRMAN IBE: All those against? 2 (No audible responses.) 3 Seeing none, the motion 4 carries, the minutes from the October 2012 5 meeting is also hereby adopted. 6 Is there anyone in the 7 audience who would like to make a public 8 remark at this time? 9 A public remark is limited to 10 just public remarks, but not anything to do 11 with the case, any cases before this board 12 this evening. 13 (No audible responses.) 14 CHAIRMAN IBE: Seeing none, I 15 will close the public remarks section. 16 That will be bring us to our 17 first case on our agenda for today. That 18 will be Case No. PZ-12-0043, Bellanger, Inc.. 19 Is the applicant here? 20 Please when you come to the 21 podium, state your name and spell your last 22 name for the record. 23 If you are not an attorney, 24 please raise your right hand and be sworn in 25 by our temporary secretary for tonight.
9 1 MR. GHANNAM: State your name, 2 sir. 3 MR. GUMINIK: Ron Guminik. 4 MR. GHANNAM: Do you swear or 5 affirm that your testimony will be the truth? 6 MR. GUMINIK: I do. 7 I am here representing 8 Bellanger, Incorporated. Our facility is on 9 Heslip Drive, and we are a manufacturer of 10 car wash equipment. 11 And we right now currently 12 have been allowing Tom Holzer Ford to store 13 their overflow new vehicles on our property. 14 Probably been doing that for, unfortunately, 15 I didn't know it was a violation, for about 16 12 years, and found out that it was. And so 17 what we'd like to do is get a variance to 18 allow us to continue to do that. 19 CHAIRMAN IBE: Is that all? 20 MR. GUMINIK: That's it. 21 CHAIRMAN IBE: Very well, sir. 22 Thank you. Is there anyone in the audience 23 who would like to make any remark regarding 24 this particular case? 25 (No audible responses.)
10 1 Seeing none, I will call on 2 our secretary to read into the record any 3 correspondence received. 4 MR. GHANNAM: There were 28 5 notices mailed, three returns mailed, zero 6 approvals and zero rejections. 7 CHAIRMAN IBE: Thank you. I now 8 turn to the city. Do we have any comments 9 regarding -- yes, Mr. Boulard? 10 MR. BOULARD: If I may, 11 Mr. Chair, a question for the applicant. 12 I recall from my visit to 13 your site a while ago, that you also store or 14 stage the car wash, you ship the product that 15 you make before it ships outside, that's also 16 part of the variance? 17 MR. GUMINIK: Yes. What we do is 18 we are a manufacturer of car wash equipment, 19 so if you look at -- you ever get your car 20 washed, you go through a tunnel, there is all 21 of that equipment. It, 99 percent of the 22 time is a dedicated truck load, 48-foot 23 truck. 24 So 95 percent, easily, of all 25 of our truckloads ship on Friday. Reason
11 1 being is that they are being shipped all over 2 the US. 3 And we store -- we start to 4 stage the product Thursday afternoon. So all 5 day Thursday we stage all the truckloads, 6 Friday we stage the truckloads, then Friday 7 the trucks start coming in, anywhere from, 8 you know, 9:00 in the morning until probably 9 4:00 in the afternoon. 10 And what we do we -- as each 11 truck comes, we lift, stage and ship the 12 product out the door. 13 MR. BOULARD: So I guess I'm 14 concerned as -- I'm concerned as is noted in 15 the staff report about a permanent variance 16 for this. 17 I don't believe that there is 18 going to be any significant impact, if there 19 is a short term variance. 20 But I would encourage the 21 board to, if you want to consider a variance, 22 consider a time, a specific time at which 23 point they would need to come back or find 24 another way to handle this thing. 25 Also that the fire lanes
12 1 remain open around the building. 2 MR. GUMINIK: Absolutely. 3 MR. BOULARD: Which I'm sure you 4 need for access for the trucks. Thank you. 5 CHAIRMAN IBE: Thank you, 6 Mr. Boulard. Does the city attorney have any 7 comments? 8 MS. SAARELA: We have nothing 9 additional. 10 CHAIRMAN IBE: Thank you. I will 11 now open it up to the board for more 12 discussion. 13 MR. GHANNAM: I have several 14 questions. 15 I mean, you have been storing 16 these cars in the parking lot for how many 17 years now? 18 MR. GUMINIK: Ten. 19 MR. GHANNAM: Ten years, okay. 20 How many vehicles do you store at any given 21 time? 22 MR. GUMINIK: Anywhere from, when 23 they're low, probably ten, to when they're at 24 their highest peak, 100, 120. 25 MR. GHANNAM: These vehicles, are
13 1 they stored on the -- would it be the west 2 side of the property, in terms of that side 3 of the parking lot? 4 MR. GUMINIK: Yes, all the way 5 back where the railroad tracks are. 6 MR. GHANNAM: Does this impact 7 your business in terms of how many vehicles 8 you need for your business? 9 MR. GUMINIK: Not at all. 10 MR. GHANNAM: How many spaces do 11 you have on this lot? 12 MR. GUMINIK: Hundreds. I mean, 13 we only have 34 people that work in the 14 building. 15 So what happens is when 16 Tom Holzer Ford gets their inventory, their 17 excess inventory, we -- I mean -- we have 18 known Buzzy Holzer for a long time, so we 19 have always allowed them to store their 20 vehicles there. 21 MR. GHANNAM: Mr. Boulard, when 22 you were saying -- when you were suggesting a 23 time limit, were you suggesting it for the 24 vehicles storage or for the product staging? 25 MR. BOULARD: My suggestion was
14 1 for all the outdoor storage. We -- once we 2 became aware of this, we worked with the 3 business over, and the past two years, we 4 have done temporary use permits to 5 accommodate these activities. The ordinance 6 limits those to two one-yea terms, so hence 7 the gentleman is here requesting relief. 8 MR. GHANNAM: But are you 9 suggesting that if we grant such a request, 10 that it be limited to say, like a specific 11 time period, like a year or something like 12 that, where they'd have to come back? 13 MR. BOULARD: Perhaps two years. 14 My concern is that we have got an ordinance 15 provisions that restrict outdoor storage. 16 I'm having a difficult time justifying a 17 complete waiver of that for -- to be recorded 18 with the property into the future. No matter 19 who the tenant is. 20 MR. GHANNAM: I agree with that. 21 Sir, do you own your own 22 building there, is it part of what you own, 23 or you lease that there? 24 MR. GUMINIK: No, we own the 25 building.
15 1 MR. GHANNAM: You own the 2 building. 3 What's your intent in terms 4 of how long you expect to -- I assume, you 5 lease it to Tom Holzer Ford, correct? 6 MR. GUMINIK: No. 7 MR. GHANNAM: They just use it as 8 no charge, as a favor, okay. 9 MR. GUMINIK: Actually there is a 10 relationship that goes back to college years. 11 MR. GHANNAM: I gotcha. 12 MR. GUMINIK: Yes. 13 MR. GHANNAM: And the staging of 14 the product for shipping, you can -- if we 15 were to grant such type of relief, you would 16 have no problem -- that it could be no 17 earlier than a Thursday and no later than a 18 Friday, it would only be two-day type period? 19 MR. GUMINIK: Sure, Thursday, 20 Friday, that would be fine. 21 MR. GHANNAM: Again, you would 22 need that -- I guess, that request you're 23 looking for on a more permanent basis as 24 opposed to a limited time period, I assume? 25 MR. GUMINIK: Yes.
16 1 MR. GHANNAM: In terms of 2 granting that, because if we grant such type 3 of relief, without a time period, it's good 4 for indefinite no matter whether you own 5 it -- 6 MR. GUMINIK: We do a time 7 period, that would be fine. You know, back 8 in, I think '07 -- actually '08 -- '07 we 9 looked at doing an addition, so we could 10 bring the trucks, you know, into the -- into 11 it, but obviously with the economy that -- so 12 certainly, you know, I would have no issue 13 with a -- you know, a two-year temporary, 14 then revisit it, that would be certainly 15 workable. 16 MR. GHANNAM: Thank you. I have 17 no other questions. 18 CHAIRMAN IBE: Thank you, 19 Member Ghannam. 20 MS. SAARELA: I'd just like to 21 point out, everybody is considering the 22 information from the applicant, and your 23 comments, that we're looking at different 24 standards than we normally are looking at. 25 There are more rigorous
17 1 standards of limited use variance. So I 2 would just focus on the fact that there is 3 different standards on the sheet. 4 CHAIRMAN IBE: Sir, I have one 5 brief question for you. 6 Now, you said you will 7 have -- they have been using it for about ten 8 years or so prior to finding out that you 9 weren't supposed to? 10 MR. GUMINIK: Yes. 11 CHAIRMAN IBE: So what makes you 12 believe that in the next two years you're 13 going to find a permanent solution to this 14 problem? 15 MR. GUMINIK: Well, I guess there 16 is probably two issues. One is, I guess that 17 would give it proper notification to 18 Tom Holzer, to Buzzy, that you're going to 19 have to find storage elsewhere. 20 And then secondly, as far as 21 our equipment goes, we will have to make a 22 decision, you know, what we did, and the 23 reason I think it came about, was we have two 24 facilities, one that's in Northville and one 25 that's in Novi.
18 1 When we bought the Novi 2 facility, that's what we -- that was our 3 pretty much business as usual. And so 4 obviously we didn't know, so I guess if it 5 started to become a big problem, we would 6 have to look, honestly, at either moving the 7 plaintiff manufacturing pad back to 8 Northville, or, you know, doing something 9 different. 10 CHAIRMAN IBE: Is it your best 11 estimate that this can be accomplished 12 within -- if assuming we do grant this, in 13 the time limit given to you? 14 MR. GUMINIK: Yes. 15 CHAIRMAN IBE: Thank you, sir. 16 Do we have any other questions regarding 17 this? 18 Yes, Member Gedeon? 19 MR. GEDEON: I just have a 20 question for the city or the city attorney. 21 Reading over the standards 22 for granting the use variance, it mentions 23 uses permitted by right or uses by special 24 land use permits. 25 Can you just clarify for the
19 1 board and for the applicant what a special 2 land use permit is? If that would be at all 3 available? 4 MS. SAARELA: Do you want to or 5 do you want me to? 6 MR. BOULARD: I can. 7 MS. SAARELA: It's up to you. 8 MR. BOULARD: Special land use 9 provisions are within certain zoning 10 district. There would be a -- there might be 11 a group of ten or 12 uses, for example, just 12 as an example, that are allowed by right. 13 There would be other uses 14 that would be allowed, perhaps, that would be 15 allowed with a special land use. 16 It means that there is closer 17 scrutiny, for example, certain uses might be 18 a special land use, if they were adjacent to 19 residential, and that way the planning 20 commission, zoning would have additional 21 scrutiny for the possible impacts of that on 22 the residential area. 23 So special use is something 24 that's allowed -- it's beyond what's allowed 25 by right, but it's allowed with certain
20 1 conditions that would minimize the impacts. 2 MR. GEDEON: And that's something 3 that would have to be granted by city council 4 then or -- I'm trying to -- if we were to say 5 no tonight, to the applicant, I guess I'm 6 wondering what other alternatives there would 7 be. 8 MR. BOULARD: In the zoning 9 district that's here, the -- where this 10 facility is located, outdoor storage is not 11 allowed. It's not allowed even under a 12 special use. So that -- hence they're here. 13 As I mentioned before, I 14 don't believe that there is particularly 15 egregious. I'm concerned about the 16 moralizing of long term. 17 I don't know if that helps at 18 all. I can tell you that in the past two 19 years, although we have had the temporary 20 uses, we have not had any complaints, and the 21 business has done a great job of keeping 22 things clean, keeping it neat and they have 23 cycled their product through. 24 MR. GEDEON: Well, to the members 25 of the board, I'm inclined to go along with
21 1 this. It is industrial property. It's along 2 the railroad tracks. They have been doing it 3 for years. And, you know, some of the 4 terminology of the -- wording the motion 5 might be a bit challenging, but I don't 6 really have any issues with it. 7 CHAIRMAN IBE: Very well. Thank 8 you, Member Gedeon. 9 Do we have any further need 10 for discussion about this or can we get a 11 motion? 12 MR. BOULARD: Yes. If I might, 13 just a point of clarification. If you were 14 to approve a variance with a time limit on 15 it, it would not preclude the applicant from 16 coming back to seek additional time in the 17 future. 18 Obviously if it was a matter 19 of number of two years, or three years, and 20 that time passed, and there was certain 21 situations that didn't allow them to enclose 22 the operations or whatnot, they could always 23 come back and this board could review the 24 situation again. 25 CHAIRMAN IBE: Thank you. Having
22 1 heard that, do we have a motion? 2 MR. GEDEON: I will. 3 CHAIRMAN IBE: Thank you, Member 4 Gedeon. Go right ahead. 5 MR. GEDEON: In Case PZ-12-043, 6 22700 Heslip, I move that we grant the 7 requested variance for both outdoor storage 8 of vehicles and outdoor storage of staging 9 product for delivery, because the property is 10 cannot be reasonably used for any of the uses 11 permitted by right, or by special land use 12 permit in the zoning district to which it is 13 located. 14 The need for the requested 15 variance is due to unique circumstances or 16 physical conditions of the property involved, 17 such as narrowness, shallowness, shape, 18 water, topography, or similar physical 19 conditions and is not due to the applicant's 20 personal or economic hardship. 21 The proposed use will not 22 alter the essential character of the 23 neighborhood and the need for the requested 24 variance is not the result of actions of the 25 property owner or previous property owner.
23 1 And I would also add that the 2 particular requested use has been going on 3 for many years, without complaints from any 4 of the neighboring property. The property is 5 in an industrial area, and the property is 6 against a railroad track corridor. 7 I would limit this use 8 variance for a period of two years. 9 MR. GHANNAM: If I can just make 10 a comment. I have no problem with both 11 variances be limited to two years, but if you 12 can limit the staging to only Thursdays, no 13 earlier than Thursday, and no later than 14 Fridays, on a weekly basis, I have no problem 15 with that. 16 That's all he's really 17 requesting. 18 MR. BOULARD: Would it be 19 possible to clarify, if it's your intent, 20 that they have the temporary use through, I 21 think February, and to make the two years 22 following the expiration of that existing 23 temporary use, if that's acceptable? 24 MR. GEDEON: Sure. I will 25 clarify the motion that the use variance
24 1 would be for outdoor storage of product, for 2 delivery would be limited to weekdays 3 Thursday and Friday, and that the two-year 4 period for the variance would begin in March 5 of 2013. 6 MR. GHANNAM: With that, I will 7 second the motion. 8 CHAIRMAN IBE: Seeing a motion 9 has been made and seconded, is there any 10 further questions or clarification that is 11 needed at this time? 12 (No audible responses.) 13 CHAIRMAN IBE: Seeing none, can 14 we please call the roll. Ms. Pawlowski. 15 MS. PAWLOWSKI: Member Gedeon? 16 MR. GEDEON: Yes. 17 MS. PAWLOWSKI: Member Ghannam? 18 MR. GHANNAM: Yes. 19 MS. PAWLOWSKI: Chairman Ibe? 20 CHAIRMAN IBE: Yes. 21 MS. PAWLOWSKI: Member Ferrell? 22 MR. FERRELL: Yes. 23 MS. PAWLOWSKI: Motion passes 24 four to zero. 25 MR. GUMINIK: Thank you.
25 1 CHAIRMAN IBE: Thank you, sir. 2 Congratulations. 3 The next case is Case No. 4 PZ-12-0048, 23538 Meadowbrook Road. 5 Will the applicant please 6 come to the podium. Please state your name 7 and spell your last name for the record. 8 If you are not an attorney, 9 please raise your right hand and be sworn in. 10 Thank you. 11 MR. MATTHEW PARENT: My name is 12 Matthew Parent, P-a-r-e-n-t. 13 MR. GHANNAM: Will both of you be 14 speaking? 15 MR. PAUL PARENT PARENT: Probably. 16 MR. GHANNAM: Can you state your 17 state name. 18 MR. PAUL PARENT: My name is Paul 19 Parent. 20 MR. GHANNAM: Both of you raise 21 your right hand. 22 Do you swear or affirm you 23 will tell the truth in this case? 24 MR. PAUL PARENT: I do. 25 MR. MATTHEW PARENT: I do.
26 1 CHAIRMAN IBE: Thank you. Please 2 proceed. 3 MR. MATTHEW PARENT: I recently 4 this house in May, around May, and the house 5 was like pretty much falling apart. And the 6 roof, if you can see on the -- in the -- if 7 you can see in the before picture, you can 8 see that there is a -- there was a hole in 9 the -- by the -- one of the bedrooms, it's by 10 that big window. Squirrels were getting in 11 there, the roof was rotting, and that front 12 porch was just coming off, and we were -- I 13 was concerned about safety, in case weather 14 hit, you would slip and fall. And I didn't 15 know I needed a permit to add on a roof to 16 the porch. 17 MR. PAUL PARENT: The house was 18 built in '74, and had a minimum setback of 19 26 feet at that time. So the full house sits 20 26 feet back. 21 The peak that was on this 22 original picture came out two feet 23 seven inches, so the porch -- we didn't 24 change any of the foundation on the porch. 25 The porch was always four feet by six feet.
27 1 This is what it looks like 2 today (indicating). The picture behind it is 3 an updated -- you see it on -- that's the 4 updated picture. That's the finished 5 product. You can see it's quite a distance 6 from the road. The covered porch does 7 protect against slip and falls. 8 CHAIRMAN IBE: Thank you. 9 MR. MATTHEW PARENT: Thank you. 10 CHAIRMAN IBE: Thank you, 11 gentlemen. Is there anyone in the public who 12 would like to make a remark regarding this 13 particular case? 14 (No audible responses.) 15 Seeing none, I will now ask 16 our secretary to please read into the record 17 any correspondence. 18 MR. GHANNAM: There were 29 19 notices mailed, one returned mail, zero 20 approvals, zero objections. 21 MR. PAUL PARENT: My other 22 next-door neighbor gave me his approval. He 23 gave it to me. I think it's too late, but -- 24 you want it? 25 MR. GHANNAM: Just tell us who it
28 1 is from. 2 MR. PAUL PARENT: It's from 3 Mr. Artman, Warren Artman. He lives to the 4 north of us, so he is at the corner lot to 5 the side street. 6 CHAIRMAN IBE: Thank you, sir. I 7 will now turn to the city for any comments or 8 remarks. 9 MS. SAARELA: I have none. 10 MR. BOULARD: Nothing to add. I 11 will stand by for questions. 12 CHAIRMAN IBE: Thank you. I 13 would like to open it up to the board for 14 discussion. 15 MR. GHANNAM: Just to make clear, 16 I just have one comment. They were supposed 17 to get this approval before they constructed 18 it, correct? 19 MR. BOULARD: Yes. 20 MR. GHANNAM: Well, I did take a 21 look at it. I drive by that area quite 22 often. It's fine. I understand the need. 23 Although it shouldn't be done in reverse 24 order. 25 MR. PAUL PARENT: We were told
29 1 that we didn't need to get a permit to do the 2 roof. We weren't going to take off that 3 original peak over the door, but when we tore 4 off the roof, it was so rotted, that was 5 another access point for rodents or squirrels 6 and chipmunks and raccoons, so we had to have 7 a whole attic decontaminated in any case, so 8 we just tore it off. While it was off, we 9 said, you know -- 10 MR. GHANNAM: I understand that. 11 MR. PAUL PARENT: It should be 12 done in reverse. 13 MR. GHANNAM: There may have been 14 some confusion, but it does add some 15 elevation to the house. I agree, it does 16 protect the porch, at least to some extent 17 from the elements, so I have no problem with 18 it, sir. 19 CHAIRMAN IBE: Thank you, 20 Member Ghannam. Do we have any further 21 questions? 22 Sir, I will echo what my 23 colleague said here. Although it would have 24 been nice to get the permit prior to work, 25 however, seeing the finished product,
30 1 actually it looks better. And I can 2 understand sometimes the work needs to be 3 done. But I have no problem as well with 4 approving the variance. 5 MR. PAUL PARENT: Thank you. 6 CHAIRMAN IBE: I will entertain a 7 motion. 8 MR. GHANNAM: I will make a 9 motion. 10 CHAIRMAN IBE: Please. Thank 11 you. 12 MR. GHANNAM: Case No. PZ-12-0048 13 for 23538 Meadowbrook Road. I move to 14 approve the requested variance as requested, 15 due to the unique circumstances and physical 16 conditions of the property. The need is not 17 self-created. Strict compliance with the 18 regulations governing these area setbacks and 19 so forth will unreasonably prevent the 20 property owner from using the property for a 21 permitted purpose. 22 The requested variance is the 23 minimum variance necessary to do substantial 24 justice to the applicant, and it does not 25 cause adverse impact on the surrounding
31 1 property. 2 MR. GEDEON: I will second it. 3 CHAIRMAN IBE: Seeing that a 4 motion has been made and seconded, do we have 5 a need for discussion? 6 (No audible responses.) 7 CHAIRMAN IBE: Ms. Pawlowski, 8 please call the roll. 9 MS. PAWLOWSKI: Member Gedeon? 10 MR. GEDEON: Yes. 11 MS. PAWLOWSKI: Member Ghannam? 12 MR. GHANNAM: Yes. 13 MS. PAWLOWSKI: Chairman Ibe? 14 CHAIRMAN IBE: Yes. 15 MS. PAWLOWSKI: Member Ferrell? 16 MR. FERRELL: Yes. 17 MS. PAWLOWSKI: Motion passes 18 four to zero. 19 CHAIRMAN IBE: Thank you. 20 Congratulations. 21 That brings us to our last 22 case for today. 23 That is Case No. P-Z 12-052, 24 for 7045 Pontiac Trail, Kroger fuel station. 25 Please remember to state your
32 1 name and spell the last name. 2 If you are not an attorney, 3 please raise your right hand. 4 MR. PISKO: Good evening. 5 Matthew Pisko, P-i-s-k-o. 6 MR. GHANNAM: Do you swear or 7 affirm that the testimony you will give here 8 will be the truth in this case? 9 MR. PISKO: Absolutely. 10 If I can, I'm going to pop an 11 aerial onto the screen. 12 MR. MYERS: Mr. Chairman, may I 13 have something to say? 14 CHAIRMAN IBE: You will get your 15 chance after he makes his presentation. 16 Thank you, sir. 17 Please proceed, sir. 18 MR. PISKO: Okay. First in the 19 staff report, it was alluded to two 20 variances. 21 One of the variance request 22 for moving the western curb inwards to the 23 east can be complied with along with the rest 24 of the conditions of the approval letter. 25 So this evening we are only
33 1 seeking one dimensional variance. There were 2 two different references to the distance of 3 the variance, both 35 and 42, and addressing 4 the comments of Novi traffic planner that was 5 reduced to 46 feet, so the variance has 6 become smaller as we moved through the 7 planning approval process. 8 And the five points of the 9 criterion for granting a variance, item A, 10 the unique circumstances of the property, 11 where an allowed use and having an approach 12 with the property dimensions is also allowed, 13 but working within the constraints of the 14 existing property, through the planning 15 commission, we got waivers for proximity to 16 the approach to the north for offset, and we 17 got a waiver for proximity to the western 18 approach. 19 If I can, this approach, this 20 distance between this radius and this radius 21 is 25 feet. And the dimensional variances 22 for tanker ingress into the site, you will 23 notice the tanks are here, so the dimensions 24 of the right in, right out were the minimum 25 requirements for the Road Commission of
34 1 Oakland County, and further refined by Novi's 2 traffic consultant to those geometrics. It's 3 the minimum size to allow the tanker ingress 4 and they drop off the passenger side, so the 5 tanker will queue and be parked as far away 6 from the activities of the site while its 7 fueling, and then we will depart out the 8 southwestern approach. 9 So that was a minimum size to 10 actually fit the tanker in and out. 11 We were granted the two 12 waivers for both proximity to the western 13 approach and to the offset approach across 14 the street. This was a minimum design again 15 to get the tanker in. 16 Item B, "was it a result of 17 the actions of the property owner", I would 18 suggest no, but it does, in fact, help queue 19 keep traffic into the parcel safely and 20 efficiently and allows a variety of ways for 21 people to exit the site at the southwest or 22 at the northeast to continue on their 23 journey. 24 Item C, "The strict 25 compliance with regulations governing will
35 1 prevent the property owner from using the 2 property for a permitted purpose". 3 Without the safe and 4 efficient ingress of the tanker, we won't be 5 able to enjoy the permitted use of the fuel 6 station because we can't get the tanks 7 filled. 8 Moving to Item D, the minimum 9 variance necessary and I probably beat that 10 to death already, but through the Road 11 Commission of Oakland County and through 12 review of the ordinance of the City of Novi 13 and the traffic consultant, that approach its 14 separation from the western approach to the 15 shopping center, and its proximity to the 16 property line was the minimum size to 17 actually allow the activity into the site and 18 out of the site. 19 Item E, "will not cause 20 adverse impact surrounding the property". I 21 would suggest when you look at the aerial, 22 the existing buffer wall and landscaping will 23 buffer the adjacent use and the approach to 24 the apartment complex to the east is 25 900 feet, plus or minus feet, it's probably
36 1 more like 925 feet, is separated, and then 2 the physical barrier of the wall and the 3 additional landscaping, really does, I think 4 effectively, screen the activity from the 5 adjacent use. 6 We have tried to west justify 7 the activity of the station. The fueling of 8 the tanks it occurs four or five times a week 9 and lasts about half hour, so it is something 10 that we have to account for in the design. 11 And with that I'll be 12 available for any questions. I humbly 13 request that you grant relief from the 14 100-foot requirement. 15 CHAIRMAN IBE: Thank you, sir. 16 Now, do we have anyone in the audience who 17 would like to make a remark regarding this 18 particular case? 19 Please, sir, come to the 20 podium, and state your name, and also spell 21 your last name for the record. 22 If you are not an attorney, 23 please raise your right hand and be sworn in. 24 Your name, please. 25 MR. MYERS: Michael Myers.
37 1 MR. GHANNAM: Do you swear or 2 affirm that the testimony you will give in 3 this case will be the truth? 4 MR. MYERS: I do. 5 I represent the owners of the 6 adjacent apartment complexes. 7 The first thing I'd like to 8 bring up is, I don't think that they're 9 entitled to a variance. 10 According to the code, this 11 is a non-use variance. You're allowed to 12 build a gasoline station in this zoning, but 13 you can't get a variance, as the code states, 14 "that the need for the requested variance is 15 not to result in actions of the property 16 owner or previous owners that's not 17 self-created". 18 So I was here when the site 19 plan was for the whole site there for the 20 shopping center, including this piece of 21 property here. 22 The property included showed 23 a bank on this property. So the owners and 24 the subsequent owners, because I believe 25 Comerica bought the property to build a bank,
38 1 created this problem themselves. They didn't 2 allow enough room for a gas station. They 3 never intended to put a gas station on that 4 corner. 5 So by your own ordinance, it 6 can't even be considered for a variance. 7 If there is any question 8 about that, I would like to have your legal 9 staff review it. 10 In addition to that, you're 11 asking for a 65 -- he's required to have 100 12 feet away from our property, driveway. He 13 wants a variance at 65 feet, which is a huge 14 variance. 15 As he said, he's loading 16 gasoline, he's right next to our residential 17 property. There is buildings, the bedrooms 18 open on that area there, so they're lit up by 19 the lights at night from the gas station. 20 There are all kinds of 21 reasons to not grant the variance on that, 22 but even to consider the variance, I think it 23 is not allowed under the ordinance. 24 MR. GHANNAM: Other than lights 25 shining on the apartment complex, is there
39 1 any other adverse impact that this station 2 would have on your client's property? 3 MR. MYERS: Well, the noise, you 4 know, the danger of, you know, fuel 5 explosion, things like that. 6 MR. GHANNAM: Anything else? 7 MR. MYERS: Well, traffic 8 problems, you know. 9 MR. GHANNAM: Well, I mean, there 10 is a shopping center right next to you 11 though, isn't there? 12 MR. MYERS: Yes. 13 MR. GHANNAM: Don't you have that 14 traffic already? 15 MR. MYERS: Well, the traffic is 16 not right by the -- the entrance to the 17 shopping center is away from us. The traffic 18 is not very close to our property. 19 MR. GHANNAM: Thank you. 20 CHAIRMAN IBE: Thank you, sir. 21 Do we have anyone else in the audience who 22 would like to make a comment on this 23 particular case? 24 (No audible responses.) 25 CHAIRMAN IBE: Seeing none, I
40 1 will now ask our secretary to please into the 2 record any correspondence received. 3 MR. GHANNAM: There were 15 4 notices mailed, five returned mailed, zero 5 approvals, zero objections. 6 CHAIRMAN IBE: Thank you. I will 7 now turn this over to the city and ask if we 8 have any comments, questions. 9 MS. SAARELA: I have none. 10 MR. BOULARD: Nothing to add. 11 CHAIRMAN IBE: Prior to opening 12 this up to the board, the gentleman who came 13 up and raised an objection, he had stated 14 something to the effect that because of 15 Comerica wanted to put a bank there, that 16 legally that they cannot put a gas station 17 there, how true is that? 18 MS. SAARELA: I haven't 19 investigated what was proposed there before, 20 and what uses are contemplated or whether or 21 not they contemplated tanker trucks pulling 22 into that area. 23 So based on the facts that we 24 have now, I don't see the basis for that -- 25 the comment.
41 1 CHAIRMAN IBE: Very well. Thank 2 you. I will now open this up to the board 3 for discussion. Yes, Member Gedeon? 4 MR. GEDEON: Staying with the 5 city attorney for a moment. If I recall, one 6 of the issues -- one of the few times that a 7 self-created problem comes up, is when there 8 is a parcel split, and a larger parcel splits 9 into -- you know, splits off a smaller 10 section, and then that smaller section is 11 not -- is not sized right for the use that 12 they want. 13 In this particular case, 14 maybe the city could help as well, was this 15 parcel for the gas station, proposed gas 16 station, split off from the larger strip mall 17 parcel? 18 MR. BOULARD: I believe that when 19 the shopping center was developed, that this 20 was created as an out lot, I believe that's 21 what the gentleman is referring to. 22 But I think it's important to 23 recall or remember that the issue was the 24 location of the access drive, not the use of 25 the gas -- not the use of the property as a
42 1 gas station. 2 The issue at hand is the 3 location of the drive to the north, if the 4 site would accommodate it or the folks 5 decided to -- the applicant decided to -- 6 could find a way to redo the access drives, 7 they would need a variance and could go 8 ahead. 9 The issue here, as I 10 understand it, is that the configuration, the 11 slot was originally intended for bank. We 12 all know what happened to the banks. So I 13 understand that it may not be as an 14 attractive as a bank use anymore, certainly 15 the gas station is use is allowed, the issue 16 is the location of the drive. 17 And I did want to say that 18 the ordinance that limits the spread of light 19 from the canopy onto the adjacent properties 20 is certainly forced and has been reviewed as 21 part of this to minimize the impact. 22 So I understand the concerns 23 of lighting, canopies and so on, but the 24 efforts are in place to minimize that impact. 25 MR. GHANNAM: I assume from the
43 1 material we received that the planning 2 commission has already approved the site 3 plan, is that correct? 4 MR. BOULARD: Yes. There was 5 two -- there was issues that the planning 6 commission, in their action summary, or part 7 of their approval required for the ZBA, one 8 was the setback from the property line, that 9 the gentleman indicated they were going to 10 take care of, which is good, because we 11 advertised for this before, it got that far, 12 in order to accommodate this meeting. 13 And then the second and the 14 only remaining item was the location of this 15 access drive. 16 MR. GHANNAM: Yeah, okay. 17 Personally, I have -- I mean, I see that you 18 have an acre, just a little bit over an acre 19 of land. I understand the necessity of a 20 variance, such as this. I assume the 21 planning commission has gone through the 22 best -- as even the applicant said, that they 23 have gone through all different changes, 24 reduced some of the requirements that they 25 need, and this is the best scenario for it.
44 1 Now the question becomes one 2 of the access, given what they have already 3 done and studied and so forth, I really have 4 no problem supporting this request. 5 MR. MYERS: Mr. Chair -- 6 CHAIRMAN IBE: One moment, sir. 7 Do we have any further comments from members? 8 MR. FERRELL: Mine were answered 9 by the board. 10 CHAIRMAN IBE: All right. Sir, I 11 will -- do you have a question, sir? 12 MR. MYERS: Well -- 13 CHAIRMAN IBE: Can you please 14 come to the podium, sir. Thank you. 15 MR. MYERS: We believe that the 16 law is clear here, that the variance can't 17 even be considered. It isn't a matter of 18 whether you want to give it to them, you 19 think it's reasonable. 20 The variance can't even be 21 considered under your own ordinance. We ask 22 that before we cause trouble legally for both 23 us and the city, that you ask the city 24 attorney to review it. 25 I think that he will agree
45 1 with what we are saying here, that the 2 ordinance is very clear that the variance 3 can't even be considered. 4 CHAIRMAN IBE: Sir, can I ask you 5 a few questions. What part of the ordinance 6 are you referring to? Can you be more 7 specific? 8 MR. MYERS: What part of the 9 ordinance? 10 CHAIRMAN IBE: Yes, what part of 11 the ordinance are you referring to? 12 MR. MYERS: Right here. Section 13 3104, B, sub B, sub 1, sub B. 14 CHAIRMAN IBE: And that 15 ordinance, as you read it, says that a 16 variance cannot be granted -- your 17 interpretation of that ordinance -- 18 MR. MYERS: Here's what it says. 19 I'll read it verbatim. 20 CHAIRMAN IBE: By all means, go 21 ahead. 22 MR. MYERS: It says, "for non-use 23 or dimensional variances", that's what he's 24 asking for. 25 "A non-use or dimensional
46 1 variance may be granted by the Zoning Board 2 of Appeals only in cases where the client 3 demonstrates in the official record of the 4 public hearing that a practical difficulty 5 exists by showing all the following. And one 6 of the following is that the need for the 7 requested variance is not the result of 8 access of the property owner or the previous 9 owners, that is not self-created." 10 Well, I say this is 11 self-created. So it's not allowed to be 12 granted a variance. 13 MR. GHANNAM: I mean, personally 14 my take on that, although I'm not giving my 15 legal opinion, is we are not here to make 16 rulings on your objections. That's for other 17 people. 18 We are considering a request 19 for a variance. That's one of the 20 considerations. We certainly take into 21 effect is it self-created, it is not. That's 22 just a judgment call on our part. 23 You know, the board members 24 make their own judgments on that particular 25 issue.
47 1 CHAIRMAN IBE: Sir, other than 2 that, do you -- other than that, and what you 3 stated previously when you spoke, there are 4 no other grounds for your objections, is that 5 correct? 6 MR. MYERS: Well, it's -- we have 7 a big apartment complex here. Well, another 8 thing before I missed it. We have a well 9 that's about 1,100 feet away from this. The 10 water well supplies for those 3,500 people 11 that live there. We are concerned about the 12 gas tanks, okay, the underground gas tanks. 13 But also they're squeezing in 14 a gas station in a site that's too small for 15 it. There congestion already at the corner, 16 we have a lot of tenants there. It makes 17 more undesirable if you have got a corner 18 there, that is jammed traffic, people don't 19 like to live there. So it's creating a lot 20 of problems. 21 The zoning in itself, you 22 know, says this site is too small for a gas 23 station. Then to give a 65-foot variance. 24 It seems, you know, to me, way out of line, 25 you know, it shouldn't be granted.
48 1 I mean, there is no hardship 2 here. Kroger probably is only buying this 3 property subject to getting the variance, so 4 there is nobody in danger here. 5 I just don't think it's a 6 good planning to put that gas station there. 7 Thank you very much for you time. 8 But I wish you would have the 9 attorney look at it before you make your vote 10 because it's a troublesome thing for both us 11 and the city to have to get into a legal 12 battle, you know. 13 CHAIRMAN IBE: Thank you, sir. I 14 appreciate your comments and concerns. Thank 15 you. 16 MR. MYERS: Thank you. 17 MR. FERRELL: I have a question 18 for the city attorney. I guess my question 19 is, if he is right, and the zoning -- I know 20 that was not what we are here today here, we 21 are just here for the variance on the 22 driveway for the property. 23 Is that something that could 24 be issue, or is that something we don't have 25 to be worried about at this meeting?
49 1 MS. SAARELA: You don't need to 2 worry about it at all. The zoning is 3 correct. The zoning has been correct for the 4 type of proposal. 5 It's already been approved by 6 planning commission. They looked at that 7 issue already. It's in the report actually, 8 in your packet that the issue has been 9 reviewed already. That's the correct size 10 for the use. 11 The only thing we are here 12 for is the location of the access drive, and 13 they're proposing that they need it in this 14 location to accommodate the turning radius of 15 the type of truck coming onto the property. 16 It's not as a result of the size of the 17 property. That meets the minimum standards 18 of the zoning ordinance. 19 MR. FERRELL: Is there any way to 20 get him information that he could go talk to 21 city planning commission to voice his 22 complaints rather than voicing them here with 23 the Zoning Board? 24 MS. SAARELA: I believe he did 25 speak at the planning commission, yes.
50 1 MR. FERRELL: Did you speak at 2 the Planning Commission meeting about this? 3 MR. MYERS: The planning 4 commission meeting hasn't come up yet. It 5 doesn't come up to the planning commission 6 approval until after this zoning variance, I 7 believe, is that true? 8 MS. SAARELA: That is incorrect. 9 There was a planning commission meeting last 10 Tuesday, or the previous Wednesday. 11 MR. MYERS: I was there the 12 previous Wednesday. They would not let me 13 speak. 14 MS. SAARELA: I believe that you 15 spoke in the public comment, is that correct? 16 MR. MYERS: Yes, before. But 17 we -- they didn't pay attention to me. 18 MS. SAARELA: It wasn't a matter 19 set for a public hearing. That would have 20 been the only time for members of the public 21 to speak on the matter. 22 MR. MYERS: Is there another time 23 when there is a public hearing coming up for 24 this matter? 25 MS. SAARELA: Not for that type
51 1 of zoning approval because it's not a 2 discretionary approval. 3 MR. MYERS: How about approval 4 for the site plan, is that coming up? 5 MS. SAARELA: The site plan 6 approval -- the preliminary site plan 7 approval occurred already. 8 MR. MYERS: You said the 9 approval. When is the final site plan 10 approval? 11 MS. SAARELA: They do that 12 internally just to make sure that it meets 13 the preliminary site plan approval. It's an 14 administrative approval. 15 MR. BOULARD: In this case, the 16 final approval is administrative, it's 17 basically to make sure that the final plans 18 have the engineering and so on, that all the 19 details match what was approved in the 20 preliminary site plan. 21 MR. MYERS: Is there a public 22 meeting for that? 23 MR. BOULARD: No, sir. 24 MR. MYERS: Well, I was told that 25 there would be a public hearing, final site
52 1 plan approval. That's why I couldn't make 2 that meeting (inaudible) except for a little 3 short thing before the meeting started. 4 I'm a little confused by 5 this. I mean, we had a lot of -- site plan 6 approval of this community, we build a lot of 7 apartments here, and I never saw when the 8 public couldn't speak. 9 CHAIRMAN IBE: Sir, if I may, you 10 have had the opportunity to have you voice 11 your concerns today, and we'll obviously take 12 that into consideration. 13 However, the Zoning Board of 14 Appeals, we make our decisions based on the 15 scope of authority that we have. 16 Some of the concerns that you 17 have, based on my judgment, appears to be 18 beyond the scope of this board. 19 So what we have before us is 20 what we have to make a decision on, and 21 perhaps your concerns may have been -- may be 22 tailored for a different body and not this 23 particular one. Notwithstanding that we will 24 still consider all the concerns that you have 25 raised in making our decision today. And I'm
53 1 certain that the members will appreciate the 2 fact that you came here and you have just 3 voiced your concern and opinion. 4 However, the -- some of the 5 concerns are beyond the scope of our 6 jurisdiction. 7 That being said, did we have 8 any further discussion on this particular 9 case? 10 (No audible responses.) 11 CHAIRMAN IBE: Seeing none, I 12 will entertain a motion. Thank you, Member 13 Ghannam, please. 14 MR. GHANNAM: I'm going to move 15 to approve the variance as requested in Item 16 5, which is Case No. PZ-12-0052, for 47045 17 Pontiac Trail, the Kroger fuel station. 18 There are unique 19 circumstances or physical conditions of the 20 property, such as the narrowness, shape, 21 topography, or similar conditions, and the 22 need for the variance is not due to the 23 applicant's personal or economic difficulty. 24 The need is not self-created, 25 strict compliance with the regulations
54 1 governing the area setback, frontage and so 2 forth, will unreasonably prevent the property 3 owner from using the property for a permitted 4 purpose, or will render conformity with those 5 regulations unnecessarily burdensome. 6 The requested variance is the 7 minimum variance necessary to do substantial 8 justice to the applicant as well as to the 9 property owners in the district. And the 10 requested variance will not cause an adverse 11 impact on surrounding property, property 12 values, or the use or enjoyment of the 13 property in the neighborhood or zoning 14 district. 15 MR. FERRELL: Second that. 16 CHAIRMAN IBE: Seeing that a 17 motion has been made and seconded, is there 18 any questions regarding the motion? 19 (No audible responses.) 20 CHAIRMAN IBE: Seeing none -- I'm 21 sorry, city attorney? 22 MS. SAARELA: I would suggest 23 that adding some of the facts as set forth on 24 the application regarding the need for the 25 variance, just adding the factual basis to
55 1 the motion that's proposed. 2 MR. GHANNAM: I could do that, 3 really -- based on the applicant's physical 4 application and the presentation, can I just 5 simply adopt their reasoning? 6 MS. SAARELA: As set forth in -- 7 I mean, I would put into the motion because 8 if there is any actual challenge, the court 9 is going to look at the language of motion 10 rather than going back the applicant's 11 application. 12 Their proposal -- their 13 proposed reasons are set forth in their 14 application, sections nine and ten. If you 15 would just sort of incorporate those into the 16 motion. 17 MR. GHANNAM: In addition to the 18 basis I have already stated, because I do 19 adopt the applicant's written proposal as 20 well as their statements here on the record 21 today, given the configuration of this 22 particular property, it is clear that the 23 tanker trucks cannot properly access the site 24 without the proposed and right in and right 25 out approach into Pontiac Trail. These
56 1 tankers, even the person who objected, could 2 be dangerous we certainly don't want them 3 spilling product or getting into accidents, 4 so their safe ingress and egress are 5 extremely important. 6 Additionally, the proximity 7 of the site's northwest approach is too close 8 to the Pontiac Trial and the southeast 9 approach cannot accommodate safe tanker 10 ingress and egress and circulation around the 11 site. 12 I mean, these are very 13 critical factors, and based on what 14 applicant's has already done with the 15 planning commission in reducing the amount 16 and the scope of their variance, to me this 17 is the only logical conclusion. 18 MS. SAARELA: Thank you. 19 MR. FERRELL: I second that. 20 CHAIRMAN IBE: Thank you. Seeing 21 that a motion has been made and modified, and 22 also seconded, do we have any questions 23 regarding the motion? 24 (No audible responses.) 25 Seeing none, Ms. Pawlowski,
57 1 please call the roll. 2 MS. PAWLOWSKI: Member Gedeon? 3 MR. GEDEON: Yes. 4 MS. PAWLOWSKI: Member Ghannam? 5 MR. GHANNAM: Yes. 6 MS. PAWLOWSKI: Chairman Ibe? 7 CHAIRMAN IBE: Yes. 8 MS. PAWLOWSKI: Member Ferrell? 9 MR. FERRELL: Yes. 10 MS. PAWLOWSKI: Motion passes 11 four to zero. 12 CHAIRMAN IBE: Thank you very 13 much. 14 MR. PISKO: Thank you. 15 CHAIRMAN IBE: That concludes all 16 the cases before the board this evening. 17 That brings us to other 18 matters. Do we have any other matters that 19 the board needs to take up at this time? 20 MR. BOULARD: No. 21 CHAIRMAN IBE: Other than having 22 a great Thanksgiving and hopefully that the 23 Lions make us proud and win, I will entertain 24 a motion to adjourn, absent any other 25 matters.
58 1 MR. GEDEON: So moved. 2 MR. GHANNAM: Second. 3 CHAIRMAN IBE: All those in favor 4 say aye. 5 THE BOARD: Aye. 6 CHAIRMAN IBE: All those opposed? 7 (No audible responses.) 8 CHAIRMAN IBE: Seeing none, the 9 meeting is adjourned. 10 (The meeting was adjourned at 7:55 p.m.) 11 ** ** ** 12 13 14 15 16 17 18 19 20 21 22 23 24 25
59 1 STATE OF MICHIGAN ) 2 ss. 3 COUNTY OF OAKLAND ) 4 I, Jennifer L. Wall, Notary 5 Public within and for the County of Oakland, 6 State of Michigan, do hereby certify that the 7 Minutes of the Zoning Board of Appeals 8 meeting was taken before me in the above 9 entitled matter, at the aforementioned time 10 and place; that the testimony given by said 11 participants was stenographically recorded in 12 the presence of said witnesses and afterward 13 transcribed by computer under my personal 14 supervision, and that the said minutes is a 15 full, true and correct transcript of the 16 proceedings. I further certify that I am not 17 connected by blood or marriage with any of 18 the parties. IN WITNESS THEREOF, I have 19 hereunto set my hand at the City of Walled 20 Lake, County of Oakland, State of Michigan. 21 _________________________ 22 Jennifer L. Wall CSR-4183 23 Oakland County, Michigan My Commission Expires 24 11/12/15 25
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