HomeMy WebLinkAbout1,172 - July 13, 2021 signedMINUTES OF THE 1,172"d PUBLIC HEARINGS AND REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
On Tuesday, July 13, 2021, the City Planning Commission of the City of Livonia
held its 1,172"d Public Hearings and Regular Meeting in the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan.
Mr. Ian Wilshaw, Chairman, called the meeting to order at 7 p.m.
Members present: David Bongero Sam Caramagno Glen Long
Betsy McCue Peter Ventura Ian Wilshaw
Members absent: Smiley
Mr. Mark Taormina, Planning Director, and Stephanie Reece, Program Supervisor,
were also present.
Chairman Wilshaw informed the audience that if a petition on tonight's agenda
involves a rezoning request, this Commission makes a recommendation to the City
Council who, in turn, will hold its own public hearing and make the final
determination as to whether a petition is approved or denied. The Planning
Commission holds the only public hearing on a request for preliminary plat and/or
vacating petition. The Commission's recommendation is forwarded to the City
Council for the final determination as to whether a plat is accepted or rejected. If a
petition requesting a waiver of use or site plan approval is denied tonight, the
petitioner has ten days in which to appeal the decision, in writing, to the City
Council. Resolutions adopted by the City Planning Commission become effective
seven (7) days after the date of adoption. The Planning Commission and the
professional staff have reviewed each of these petitions upon their filing. The staff
has furnished the Commission with both approving and denying resolutions, which
the Commission may, or may not, use depending on the outcome of the
proceedings tonight.
ITEM #1 PETITION 2021-06-01-04 Speedway L.L.C.
Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2021-
06-01-04 submitted by Speedway L.L.C. pursuant to Section 23.01
of the City of Livonia Zoning Ordinance #543, as amended,
requesting to rezone the properties at 13950 Merriman Road and
31324, 31330 and 31374 Schoolcraft Road, located on the
northeast corner of Schoolcraft and Merriman Roads in the
Southwest '/4 of Section 23, from C-1, Local Business to C-2,
General Business.
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Mr. Taormina: This petition seeks to rezone four properties located at the
northeast corner of Schoolcraft and Merriman Roads. The
purpose of the rezoning is to allow for the redevelopment and
expansion of the existing Speedway Gas Station. The change
would be from C-1 (Local Business) to C-2 (General Business).
The rezoning is necessary because gas stations are treated as a
waiver -use in a C-2 zoning district and are not allowed in a C-1
district. The existing facility operates as a valid non -conforming
use. Four parcels make up the site. They are all owned by
Speedway. The corner property is the location of the existing
Speedway Gas Station. This is identified on the survey as Track
1. This property measures approximately 150 feet in width along
Schoolcraft by 130 feet on Merriman. The other three parcels
include the one immediately north of the gas station which
contains the former Bai-Lynn Party Store. This is identified as
Track 2. It measures 45 feet by 150 feet. Next is the parcel
immediately to the east of the gas station which contains a one-
story office building. It measures 70 feet by 300 feet and is
identified as Track 3. Finally, the last parcel to the east, which
also contains a one-story office building, measures 90 feet by 300
feet and is identified as Track 4. To familiarize everyone with this
survey, this is the existing gas station building and the structure
immediately to the north is the former Bai-Lynn Party Store. This
next parcel to the east is the office owned by Speedway, followed
by the other office owned by Speedway. The surrounding
properties to the west across Merriman and partially to the north
are commercial and bordering the site to the east and north are
single-family homes with frontage on both Schoolcraft Road and
Kendall Street. The proposed redevelopment project involves
demolishing and removing the current gas station building, as
well as the former Bai-Lynn Party Store and the office building
that is at 31324 Schoolcraft, which is Track 4, and constructing a
new gas station. The existing office building at 31330 Schoolcraft
that is immediately to the east of the site, would remain and be
utilized by Speedway for office purposes. The preliminary site
plan shows a new 4,600 square foot gas station building
positioned in the approximate location of the former party store.
The new building would be setback approximately 117 feet from
Schoolcraft and 62 feet from Merriman. Extending along a
majority of the site's frontage on Schoolcraft, the plan shows ten
fuel pumps configured in a single row with one large overhead
canopy that would measure 28 feet by 241 feet. Each pump
would be equipped to accommodate two vehicles, one on either
side, with a total capacity of 20 vehicles. Required parking is
computed on the size of the gas station at a ratio of 1 space for
each 150 square feet of usable floor area, as well as the size of
the general office building at a ratio of 1:200 square feet. For the
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gas station, 25 parking spaces are needed and for the office
building, 28 spaces. That brings the total to 53. The current plans
show 51, which results in a slight deficiency. Site access would
be from the three existing driveways which includes the two on
Schoolcraft and one on Merriman. The Future Land Use Map
shows the property at Corridor Commerical, which is suitable for
the proposed rezoning and use. With that, Mr. Chairman, I can
read out the departmental correspondence.
Mr. Wilshaw: Yes, please.
Mr. Taormina: The first item is from the Engineering Division, dated June 11,
2021, which reads as follows: `In accordance with your request,
the Engineering Division has reviewed the above referenced
petition. The properties associated with the project are assigned
the addresses of #31324, #31330 and #31374 Schoolcraft Road,
as well as #13950 Merriman Road. The legal description for the
parcel submitted with the drawings appears to be correct, and
should be used for future submittals. We have no objections to
the proposed rezoning at this time, although the following items
should be addressed prior to submitting plans for site plan
approvals: The submitted drawings do not indicate any
information for utility service leads or proposed water and sewer
demands for the proposed development. Without this information,
we cannot determine impacts to the existing systems. It should
be noted that the developer has been in contact with this office
and they are aware of the Engineering requirements for the
proposed project. Storm sewer, including storm water detention
will be required per the Wayne County Storm Water Ordinance.
We will perform a full review of the utilities once full engineering
drawings are submitted to this Department for permitting. Please
note that any work within the Merriman Road right-of-way,
including excavations for service connections will require permits
through the Wayne County Department of Public Services. " The
letter is signed by David W. Lear, P.E., Assistant City Engineer.
The next letter is from the Finance Department, dated June 10,
2021, which reads as follows: "I have reviewed the addresses
connected with the above noted petition. As there are no
outstanding amounts receivable, general or water and sewer, I
have no objections to the proposal." The letter is signed by
Connie Kumpula, Chief Accountant. The next letter is from the
Treasurer's Department, dated June 11, 2021, which reads as
follows: `In accordance with your request, the Treasurer's Office
has reviewed the address connected with the above noted
petition. At this time, there are no outstanding amounts receivable
for taxes. Therefore, I have no objections to the proposal." The
letter is signed by Lynda Scheel, Treasurer. The last letter is from
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the Department of Assessment, dated June 11, 2021, which
reads as follows: "The Department of Assessment has reviewed
the proposal submitted by Speedway to rezone the properties at
13950 Merriman- parcel 091-03-0014-002; and 31374
Schoolcraft parcel 091-03-0014-001; and 31330 Schoolcraft-
parcel 091-03-0014-005; and 31324 Schoolcraft- parcel 091-03-
0014-006. Based on the rezoning plans a request to combine the
4 parcels should be submitted to the Department of Assessment.
The Lot Split/Combination procedures can be found on our
Website @ Livonia.gov". The letter is signed by Kathie Siterlet,
City Assessor. That is the extent of the correspondence.
Mr. Wilshaw: Are there any questions of the Planning Director?
Mr. Bongero: Did we ever figure out exactly how Tony Baloney's parking is
going to be affected?
Mr. Taormina: We are in discussion with the petitioner regarding the
circumstance there. It has not been fully analyzed, nor have we
reached out to the adjacent property owner other than the public
hearing notice. That is something that we plan to do should this
move forward to a site plan review.
Mr. Bongero: Okay, thank you.
Mr. Wilshaw: Thank you, Mr. Bongero. Any other questions for our Planning
Director?
Mr. Ventura: I note that the eastern most parcel is going to strictly serve as a
parking lot for the office building that will remain. Is there another
zoning category that we could change that to or leave it zoned
the way it is instead of changing the zoning? Since it is only going
to serve for parking
Mr. Taormina: To answer your question on whether the current zoning could
remain, yes it could, as long as at least one of the pumps is
eliminated. If you look at the plan, the last pump extends east
enough that it falls on the property. Allowing a pump at that
location would require C-2 zoning. Elimination of at least this
one pump, you could keep this eastern most parcel zoned C-1 or
consider an alternate parking designation, such as parking. That
is a separate category.
Jr.
Ventura: So, in line with the comments that were made at our study
session, if we reduce the number of pumps and I understand that
we wouldn't do that tonight because this is strictly zoning, but we
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could in effect reduce the number of pumps by simply keeping
the zoning on that parcel?
Mr. Taormina: That is correct. If the decision is made to just change the zoning
on the three parcels and not on that east parcel, that would
restrict their abilities.
Mr. Ventura
Mr. Wilshaw:
Thank you.
Thank you, Mr,
Director? If
communication
Division?
Mr. Taormina: No.
Ventura. Any other questions for our Planning
not, Mr. Taormina, did you receive any
at all from the Police Department, Traffic
Mr. Wilshaw: I wasn't sure if we received anything given that there was some
concern.
Mr. Taormina: On the site plan there will be.
Mr. Wilshaw: Okay, good. That is a good Segway to remind everyone that as
we embark into this petition that we are looking at a rezoning
request. A lot of times these petitions come to us in two parts.
First is a rezoning request to change the zoning to some
particular use and then what we will do in this meeting tonight is
focus on the discussion around the zoning. There will be some
discussion about the site plan that we have seen before us. It is
conceptual at this point. We are not going to dive into the details
of that site plan. That would come to us in a second process
where we would do the site plan approval. Just so you
understand how that works. It is a two-part process. Zoning is
first and then site plan. With that, out petitioner is here. We will
need your name and address for the record please.
Mandy Gauss, 13060 South US Hwy. 27, DeWitt, Michigan, 48820. Thank you for
having us here tonight. To kind of point out...l know you kind of
already went over it pretty well so I won't rehash everything that
has already been said. In comments of not rezoning that last
parcel, I would be concerned with the underground storage tanks
being on that parcel. Also, with the discussions from last time, I
went back to Speedway and discussed the options of dropping a
dispenser. With that we would also like to get some green space
on the left side so it would shift... it would be 24 feet, so it would
be shifiting 12 feet and getting some green space and opening
that drive more. It would then benefit both. I don't know if that
shift would work, if that makes sense. If that whole parcel was
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not rezoned. That way it would allow more landscaping along
Merriman in order to have some additional trees and shrubs along
that right-of-way as well.
Mr. Wilshaw: I am sure we will have some more discussion about that as we
proceed. Is there anything else you would like to tell us about
your petition before we get into questions?
Mr. Gauss: No. I think it was well explained. If you guys have any questions,
I would be happy to answer them.
Mr. Wilshaw: Thank you, Ms. Gauss. Do we have any questions from any of
our commissioners for our petitioner?
Ms. McCue: Thank you. You were probably very clear, and I just didn't get
this, but explain a little bit more about what you are talking about.
Are you saying you would go from 10 to 9 pumps?
Ms. Gauss: Yeah. We were looking at was going from 10 to 9 and that would
give us 24 additional feet because that is what is between the
dispensers. With that shift we would look at doing half of it on
each side so then we would have that additional 12 feet in the
green scape on the left and then it would open that driveway on
the right a little more to kind of balance it more.
Ms. McCue: Okay, thank you.
Mr. Wilshaw: Thank you, Ms. McCue. Mr. Long?
Mr. Long: So, without digging to deep into the site plan, I know what you are
talking about. I really on have a problem with the zoning
change. My concern is going to be with the site plan, with the
driveway, with the traffic coming in from the Michigan left and
turning in there and the way it is drawn up right now. If someone
comes across in a hurry to beat traffic and you have a pump right
there kind of straight ahead from that driveway... there is no way
I will be a yes on the site plan that is like this. I understand the
demand out there. I understand why you want to go to 10. I think
it fits eight better, but we will look at nine with an open mind. I
guess that was long winded and I have no question, but I was just
kind of making my comments for the record. Thank you.
As.
Gauss: Thank you.
Mr. Wilshaw: That is fine, Mr. Long. Any other questions or comments from
any of our commissioners?
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Or. Caramagno: This prototype, this Speedway here, is this similar to what we are
looking at what is being built at Seven Mile Road and Newburgh
right now?
Ms. Gauss: Yes, it is the same size building. It is very similar.
Mr. Caramagno: I think you said at the study meeting... will this have a restaurant
or no restaurant?
Ms. Gauss: It will not have a restaurant. It will be a food destination location.
It will be grab-n-go type hotdogs, pizza, sandwiches, that are all
hot and ready in the cookers.
Mr. Caramagno: Okay, thank you.
Ms. Gauss: Yep.
Mr. Wilshaw: Thank you, Mr. Caramagno. Any other question or comments
from any of the commissioners?
Mr. Ventura: Just to clarify, I am looking at the site plan that is up here. That
is the one you brought to us at the study session. That has not
been reduced.
Ms. Gauss: Correct. This is the...we just made it colorful, so it was easier to
see what is there.
Mr. Ventura: Where would the additional landscaping go?
Ms. Gauss: If we took away one of the dispensers along the front, it would
add additional landscaping on the actual other side...the left side
along the right-of-way. It would then open up the driveway some
on the right side by basically shifting that halfway...12 feet each
way, I guess. Basically taking 12 feet off each end if you think of
it that way.
Mr. Ventura: So, you cut it down by one dispenser but then slide the
dispensers east?
Ms. Gauss: Yes. So, we would slide it ... depends on east or west. It is
basically taking a dispenser off one of the ends then recentering
it where it is right now. I didn't want to beat this to death, but I
just wanted to understand where the additional landscaping could
be. Thank you.
Mr. Wilshaw: Thank you, Mr.
Ventura.
Any
other
questions
from any of our
commissioners?
If not,
we are
going
to check
to see if there is
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30061
anyone in the audience that wishes to speak for or against this
item? Feel free to come forward. We will just ask that we have
your name and address for our minutes.
Ethar Alkarawi, ASE Properties, we currently own Tony Baloney's. We are
objecting to the rezoning of the 13950 Merriman Road due to the
fact that the parcel 13950, formerly known as Bai-Lynn, and
parcel 13976 Merriman, which is Tony Baloney's, are combined
parcels for parking and drive. There is a 99-year easement for
the egress and ingress going to the public roadway. There
couldn't be any structures that would or fences that would hinder
that access to the public roadway. I submitted a survey plan to
the commission pre-COVID. It was during the first rumblings
when Speedway was in the process of buying properties, the
clinic and whatnot. I also have one with me today if anyone wants
to take a look at it. Our main thing is the fact that there is no
possible way for the customers of Tony Baloney's to enter or
leave without using the Bai-Lynn in order to reverse and also go
forth. If there is any kind of encroachment, whether it is the
location of the structure, the fencing, whether demolishing, any
kind of land use in that area that is contrary to that right-of-way it
is in violation of that easement. That is also recorded in the
Wayne County records, the survey plan, the land titles... the land
surveyor has the meets and bounds, so I am surprised that no
one has approached us in regard to that once they did buy the
property. They had these site plans constructed and there was
no meeting of the minds where we would actually have a
discussion on how that would go going forward.
Mr. Wilshaw: Very good. Thank you, ma'am. If you would like to hand a copy
to our planning staff, they will make sure that it is included in our
record as it moves forward. Mr. Taormina?
Mr. Taormina: If I could just ask a question. Could we please get your contact
information, and are you available to maybe come back to City
Hall so that we could make a copy of that document?
Ms. Alkarawi: Sure.
Mr. Wilshaw: Thank you, Mr. Taormina. Anybody have any questions?
Or.
Caramagno: Is this part of the discussion you said you were having and
engaging with the neighboring property or is this something new
to us?
Mr. Taormina: Since this petition was filed, there has been no direct contact
between the city and the owner of the property. The petitioner's
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ALTA survey does not indicate any type of encumbrance or
easement on the properties that were mentioned. That is
something that Speedway is going to have to resolve. If it was
recorded as indicated, it should be discovered as part of the title
search and reflected on the survey. I don't know if it has to
necessarily have to slow down this rezoning process. The
rezoning... it is the site plan that is the critical issue.
Mr. Wilshaw: Right, placement of buildings.
Mr. Taormina: It is the placement of buildings and everything else and whether
or not any easements that are recorded that are going to be
respected as is or altered. That is something that would be
considered part of the waiver -use and site plan review process.
Mr. Caramagno: Is that more an easement for utilities or cross parking type deal?
Mr. Taormina: Here is the situation. It is rather convoluted going back through
the history files. I have had some contact in the past with the
owner of this property, but years ago the Bai-Lynn party store was
owned in common with the property that is now Tony Baloney's.
It was originally a florist, I believe. The properties were separate
and then they were combined under single ownership. At some
point following that, they were once again separated in
ownership. It has this long history of both separate and common
ownership. When they were commonly owned, the parking
functioned as a single lot. There was cross -access between both
properties, as well as cross parking. Those agreements were
never really something that we could locate in our files. They
were alluded to, but there was nothing that we could find that was
recorded. The driveway runs right through the property line with
parking on either side. It is going to be necessary to maintain
some amount of driveway on the Speedway property, on the
former Bai-Lynn property in order for the parking to function
properly on Tony Baloney's. This is what needs to get resolved
between the parties most certainly.
Mr. Caramagno: Thank you.
As.
Alkarawi: I am sorry to interrupt. You are correct. What happened was the
florist shop as well as Bai-Lynn was sold to... it was actually my
parents, and they had both properties. They leased out the florist
shop and it turned into Tony Baloney's for the restaurant.
Unfortunately, my parents became deceased, and we had to sell
the business. We ended up selling to another person and
unbeknownst to us, Tony was the one the approached us and let
us know that they sold Bai-Lynn and it was to Speedway. That is
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kind of how this ball started getting rolling. Throughout those
years I want to say 30+, 40+ years, you guys know that it is a
standing staple. It was used the same way throughout. I
remember the clinic actually wanted to build a fence to kind of
expand the area and they couldn't because at the same time it
was an encroachment on the easement, so it was objected to and
they never ended up having that happen. So, it has just
been ... what I have is a warranty deed, the meets and bounds,
the survey, as well as yourself that from the date because this
was before digital, before anything, so it is on paper. That is what
I have too.
Mr. Wilshaw: Very good. Mr. Bongero?
Mr. Bongero: Just a question. Who maintains the parking lot and who owns it?
Ms. Alkarawi: So, Tony has been doing a good job a maintaining it since it is a
vacant building, but at the time when Bai-Lynn was previously
owned it was Bai-Lynn on their side and Tony on their side. Tony
has been doing both.
Mr. Wilshaw: Mr. Taormina?
Mr. Taormina: There was recent paving done on the Tony Baloney's property.
Is the southerly edge of that paving right at the property line? Do
you know?
Ms. Alkarawi: I am not sure of that. I would have to double check that.
Mr. Taormina: The reason I ask that, Mr. Chairman, is that for anyone that wants
to visually see where that property line is, I believe it is along the
mew pavement line. You can see the new pavement on the Tony
Baloney's property as opposed to the older pavement on the
former Bai-Lynn property. It gives you a good idea of the
circumstance.
Mr. Wilshaw: Good. Any other questions for this resident that is here? Mr.
Long?
Jr.
Long: Actually, it is for Mark. If we went forward and changed the
zoning today and then they were unable to come to any kind of
agreement or resolve all of this, we aren't doing any harm to the
existing gas station?
Or.
Taormina: I don't believe so. First this has to go before Council. Council
does not officially change the zoning until the site plan has been
reviewed by the Planning Commission and then it finds its way
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back to Council. Again, we can move forward with not committing
anything at this point.
Mr. Long: Thank you.
Mr. Wilshaw: The point that was just made is important because as Mr.
Taormina just stated, we are a recommending body. We are
going to either recommend an approval or denial of this zoning
and we would be recommending it to City Council. It will go to
City Council and they will have a first reading and a second
reading. What they will usual do then is that they will hold the
item for a vote and they will wait on the vote until the site plan
makes it through our process and then gets to them as well. So,
they kind of bring those two items together at the same meeting
for a vote. Any action we do take tonight is not a final action.
There are still many steps that it will still go through. That is just
so you are aware and anyone else who is interested in this item.
Ms. Alkarawi: I appreciate that. I just wanted a face to what has been going on.
It has been rumors and everything, so...
Mr. Wilshaw: We really appreciate you coming and shedding the light that you
have on the information that you know. It is very helpful.
Ms. Alkarawi: Thank you very much.
Mr. Wilshaw: Is there anyone else in the audience wishing to speak to this item,
either for or against? If not, we are going to go back to the
petitioner and see if there is any other final comments that she
would like to make.
Ms. Gauss: We were not aware of the easement when we ran the ALTA and
title work. It did not show up in our documents. I mean...we have
known about this, and we are more than willing to see and work
with and try to figure out an option. We know it is a problem. We
are willing and want to work with them.
Mr. Wilshaw: Good, thank you, Ms. Gauss. If there are no other questions or
comments from anyone in the audience, I am going to go back to
the commission and see if there is anyone wishing to speak on
this item before we make our decision. If not, I am going to close
the public hearing...
Mr. Ventura: One more question for Mr. Taormina. So, if we don't change the
zoning on the eastern most parcel, which abuts residential to the
east and north, does that preclude the underground tanks on the
property?
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Mr. Taormina: It could. I would consider that a necessary part to the operation
waiver and so it really should occur on that C-2 zoned property,
not C-1.
Mr. Ventura: Thank you.
Mr. Wilshaw: Great
question, Mr.
Ventura. Any other
questions or comments?
If not,
I think we can
say that the public
hearing has been closed
and a
motion would
be
in order.
On a motion by Bongero, seconded by McCue, and unanimously adopted, it was
#07-32-2021 RESOLVED, That pursuant to a Public Hearing having been held
by the City Planning Commission on July 13, 2021, on Petition
2021-06-01-04 submitted by Speedway L.L.C. pursuant to
Section 23.01 of the City of Livonia Zoning Ordinance #543, as
amended, requesting to rezone the properties at 13950 Merriman
Road and 31324, 31330 and 31374 Schoolcraft Road, located on
the northeast corner of Schoolcraft and Merriman Roads in the
Southwest /4 of Section 23, from CA Local Business to C-2,
General Business, the Planning Commission does hereby
recommend to the City Council that Petition 2021-06-01-04 be
approved for the following reasons:
1. That a change of zoning to C-2, General Business is
compatible to and in harmony with the surrounding land
uses and zoning districts in the area.
2. That the proposed change of zoning and projected
redevelopment represents a reasonable and logical
transformation of the subject properties which adheres to
the principles of sound land use planning.
3. That the proposed change of zoning would cause the zoning
of the property to correspond to the use of the property more
accurately.
4. That the proposed change of zoning is supported by The
Livonia Vision 21 (LV21) Future Land Use map which shows
the subject area of the rezoning as Corridor Commercial,
and
5. That the proposed zoning and projected use is consistent
with the purposes, goals and objectives of the Zoning
Ordinance, which seek to ensure compatibility and
appropriateness of uses so as to enhance property values
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30066
and to create and promote a more favorable environment for
neighborhood use and enjoyment.
FURTHER RESOLVED, That notice of the above hearing was
given in accordance with the provisions of Section 23.05 of
Zoning Ordinance #543, as amended.
Mr. Wilshaw: Is there any discussion?
Mr. Wilshaw, Chairman, declared the
motion is carried and
the foregoing
resolution
adopted. It will go on
to City Council with
an approving
resolution.
ITEM #2 PETITION 2021-06-02-09 Belal Hourany
Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2021-
06-02-09 submitted by Belal Hourany requesting approval of all
plans required by Sections 11.03(a) and 18.58 of the City of
Livonia Zoning Ordinance #543, as amended, in connection with
a proposal to demolish an existing commercial building (Billy's
Liquor Depot) and construct a new retail party store with gasoline
pumps, at 27415 Grand River Avenue, located at the southwest
corner of Grand River Avenue and Inkster Road in the Northeast
/4 of Section 1
Mr. Taormina: This petition involves the redevelopment of a commercial
property that is located at the southwest corner of Grand River
Ave. and Inkster Road. The plan is to demolish the existing party
store and construct a new retail party store that would also
include fuel pumps for the sale of gasoline. This property
measures roughly 0.6 acre. It has 198 feet of frontage on Grand
River and 123 feet of frontage on Inkster. The zoning is C-2
(General Business), which allows for gas stations as a waiver -
use. The existing building on the property is roughly 2,225 square
feet in area. Immediately to the west of the party store is a vacant
parcel that is also zoned C-2 and is owned by the petitioner.
South of that property are two homes located at the northeast
corner of Long and Rensellor also owned by the petitioner. Thus,
the petitioner owns the entire block consisting of four properties
bordered by Grand River to the north, Inkster to the east, Long
Ave. to the south, and Rensellor to the west. West of Rensellor
and south of Long are single-family homes that are part of the
Argonne and the Argonne Annex Subdivisions, Currently, Billy's
Liquor Depot operates both SDM and SDD liquor licenses,
allowing for the sale of packaged beer, wine and spirits over 21 %
alcohol. It is the intention to continue the operation of both
licenses with the expanded business. The project is shown in two
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phases. The first phase would involve demolishing the existing
party store and constructing a new retail party store including the
gas pumps. To familiarize everyone with the plan, there is a line
that may be difficult to see, but it runs generally north and south
through this block. Everything to the east is part of Phase I and
to the west, extending to Rensellor, that part of the site would
constitute Phase II. Again, Phase I involves demolishing the
existing party store and constructing the new store with the gas
pumps which are shown here on the site plan. Phase II would
involve the removal of both of the homes and the construction of
a second retail building, but this is contingent on the rezoning of
the residential properties to commercial. A rezoning application
has been filed and a public hearing is scheduled for July 27, 2021.
At this time, only Phase I is under consideration. The proposed
new building would be one-story in height and roughly 4,690
square feet, so more than twice the size of the existing store. It
would contain two units. The larger unit would be the new retail
party store that would include the point of sales for the gas
station. There is also a smaller tenant space that is identified as
a possible carry -out restaurant. The floor plan for the store shows
a large retail display area, walk-in coolers, storage rooms,
restrooms, a cashier counter, and office. There are no details at
this time regarding the carry -out restaurant. The building is
shown along the south side of the property. It backs up to Long
Avenue with the two storefronts facing north toward Grand River
Avenue. The building setbacks from Grand River, Inkster, and
Rensellor, are all conforming. Adjacent to Long, however, the
setback shown is only 10 feet. In this case, the ordinance
requires a minimum of 25 feet. This results in a deficient setback
that would need a variance. The four gasoline pumps are shown
between the north side of the building and Grand River. The
pumps would be covered by a free-standing canopy that
measures 44-'/2 feet by 56 feet. In the C-2 zoning district,
canopies cannot exceed a height of 18 feet. The proposed
canopy is shown at 20 feet and would have to be lowered or
granted an exception by Council. At the closest point, the canopy
would be 18 feet from Grand River and 70 feet from Inkster. The
top of the canopy would be painted metal and the support
columns would be clad in masonry. Access to the site remains
as it currently exists. There are two driveways along Grand River
and one along Inkster. Looking at the exterior of the building, it
includes a combination of block, brick, stone, metal panels and
E.I.F.S. The north and east sides of the building along Grand
River and Inkster would contain all of these finishes, however, the
west and south sides of the building would consist mostly of split -
face block. The information is not available regarding rooftop
mechanical equipment and how it would be screened. This would
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be looking at the front elevation facing Grand River. The larger
unit shown is on the right-hand side, whereas the smaller tenant
space is shown on the left side. This view represents the rear of
the building. Looking here, you see the brick and these other
finishes, including some E.I.F.S, and the metal panels and other
block material. This is the side facing Inkster and this is the side
facing west toward Rensellor. The height of the structure would
be 16 feet, however, above the main entrance to the larger retail
unit the parapet extends an additional three feet above the other
parts of the building. In terms of parking, the overall site would
have a deficiency of five parking spaces. The retail components
require parking at a ratio of 1:150 of usable floor area, resulting
in a total requirement of 25 parking spaces. The plan shows 20
parking spaces. The trash enclosure is shown on the east side
of the building with gates facing north toward Grand River. The
walls on the enclosure would six feet in height and constructed
out of concrete. A landscaping plan was submitted with the
application. It constitutes roughly 12% of the property, which is
slightly less than the requirement of 15%. Storm water detention
is not shown, so it is presumed to be underground. We have not
analyzed this plan in terms of signage, as there is no signage
shown on any of the drawings. With that, Mr. Chairman, I can
read out the departmental correspondence.
Mr. Wilshaw: Yes, please.
Mr. Taormina: The first item is from the Engineering Division, dated June 11,
2021, which reads as follows: "We have no objections to the
proposed project at this time, although the following items should
be addressed prior to submitting plans for site plan approvals:
The submitted drawings do not indicate any information for utility
service leads or proposed water and sewer demands for the
proposed development. Without this information, we cannot
determine impacts to the existing systems. It is advised that the
Developer contact this office prior to submitting drawings to
discuss utility services and Engineering requirements for the
project. Storm sewer, including storm water detention will be
required per the Wayne County Storm Water Ordinance. We will
perform a full review of the utilities once full engineering drawings
are submitted to this Department for permitting. There is an
existing public sanitary sewer and easement that runs through
the center of the property that would need to be relocated and/or
abandoned and vacated in order to complete Phase 2 of the
proposed development. It may be advantageous to complete that
work with Phase 1, as it may offer more freedom for layout of the
overall site. Please note that any work within the Grand River
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30069
Avenue and Inkster Road right -of- ways will require permits
through the Michigan Department of transportation and the
Wayne County Department of Public Services." The letter is
signed by David W. Lear, P.E., Assistant City Engineer. The next
letter is from the Livonia Fire & Rescue Division, dated June 15,
2021, which reads as follows: "This office has reviewed the site
pIan submitted in connection with a request to construct a
commercial building on property located at the above referenced
address. We have no objections to this proposal." The letter is
signed by Greg Thomas, Fire Marshal. The next letter is from the
Division of Police, dated June 11, 2021, which reads as follows:
"I have reviewed the plans in connection with the petition. I have
no objections to the proposal." The letter is signed by Scott
Sczepanski, Sergeant, Traffic Bureau. The next letter is from the
Finance Department, dated June 11, 2021, which reads as
follows: "I have reviewed the addresses connected with the
above noted petition. As there are no outstanding amounts
receivable, general or water and sewer, I have no objections to
the proposal." The letter is signed by Connie Kumpula, Chief
Accountant. The next letter is from the Treasurer's Department,
dated June 11, 2021, which reads as follows: "In accordance with
your request, the Treasurer's Office has reviewed the address
connected with the above noted petition. At this time, there are
no outstanding amounts receivable for taxes. Therefore, I have
no objections to the proposal." The letter is signed by Lynda
Scheel, Treasurer. The next letter is from the Division of Police,
Special Service Bureau, dated June 21, 2021, which reads as
follows: "We have reviewed the plans submitted by Belal
Hourany requesting approval of all plans required by Sections
11.03(a) and 18.58 of the City of Livonia Zoning Ordinance #543,
as amended, in connection with a proposal to develop the site,
which includes demolition of the existing building and
construction of a new building which would include vehicle fuel
service. After conferring with the Chief of Police, we object to the
proposed waiver use. There has been a long standing policy,
following what was State law, prohibiting fuel stations from selling
beer, wine or spirits, as their primary purpose is to sell gasoline.
The proximity of the two will naturally tend to exacerbate the
problems caused by alcohol, especially the operation of a motor
vehicle under the influence of intoxicants. In addition, approving
this request would not be wise, considering similar requests have
been denied. Therefore, allowing it in this case would therefore
set an undesirable precedent." Next is an email is dated July 11,
2021, and it comes from lafnlucifr(cD,aol.com, it reads: "We do not
need another gas station. Nobody needs two gas stations on
every single corner. There are two already catty corner across
the street. Two more just a mile down at Inkster and 7. Not
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opposed to a new retail store, but definitely do not need/want
gasoline pumps." Lastly, we have a letter that addresses both
this petition as well as the petition that was recently filed to rezone
the two residential lots. That petition number is 2021-06-01-05.
It reads: "Opposed petition 2021-06-02-09 requests to demolish
the existing commercial building, Billy's Liquor Depot, and
construct a new retail party store with the gasoline pumps at
27415 Grand River located at the southwest corner of Grand
River and Inkster Road, northeast corner of Section 1. Opposed
petition 2021-06-01-05 requests to rezone properties at 27428
Long Ave. and 27432 Long Ave. from R-1 (Family Residential) to
C-2 (General Business). Property located north side of Long
between Inkster and Rensellor Ave. northeast corner of Section
1. Joins property proposed for new construction of gasoline retail.
These properties face residential properties and residential
street. Both petitions should be heard together due to they are
conjunction of each other. The following are reasons to oppose
both petitions: Gas station — environmental hazard risk to all
residents in this section per the map. About 110 residential
homes. Several studies found living near gas stations increase
health risks due to repeated exposure to gasoline, whether it is a
liquid or a vapor. Can cause damage to lungs, brain, kidneys,
asthma, respiratory, cardio, stroke, childhood cancer.
Underground storage tanks — risk of leaks, soil/wafer
contamination, difficult clean up and vapors, tanker trucks,
hazardous liquids pose risks, impact on wear and tear on roads.
Ground level ozone caused by gasoline funes equals health risks.
Decreased value of the residential homes. Increased traffic. Car
and foot traffic. Increased noise. Increased lighting. Note that
unknown of proposal lighting, noise buffer to residents. Opposed:
This is respect to both petitions. Increased litter, already
wrappers, whippit containers, liquor bottles on lawns. Possible
increase in crime, increase in accidents. Use of Long and
Rensellor to avoid turns and Grand River turn around which is
current problem. Use od Long Ave. and Rensellor Ave for large
delivery trucks to gas station and the retail store. Currently semi -
trucks use Long Ave. An example: Friday July 9, 2021, Miller
Lite truck to deliver to Billy's Liquor Depot. Increased customer
parking on Long Ave. Current unknown proposed are the hours
of operation, signage, lights, music, and noise. Currently Billy's
Liquor Depot is not maintained. It is located at the entrance to
Livonia and sends a message about Livonia. Two gas stations
are within X mile from Section 1 adding one more gas station
increases health risk to those that reside in Livonia and the
surrounding communities. Rezone residential homes to
commercial — oppose. Erodes neighborhoods, decreases value
of residential homes. There is no benefit to eroding a
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30071
neighborhood for a few jobs to destroy a section of Livonia? Nc
basis for need to change a neighborhood for high -risk business.
Thank you" I believe this is from R. Posler. Thank you
Mr. Wllshaw: Are there any questions of the Planning Director? If not, out
petitioner is in the audience. We will give him a second to get up
here to the podium. Good evening, sir.
Alex Raichouni, MA Designers, 5710 Rouge Circle, Dearborn Heights, MI. I am
representing the petitioner, Bela Hourany, regarding the store
and liquor store that he owns and this development. We are
proposing to demolish the existing liquor store that, as you can
see, is kind of being deteriorated and things like that. By
demolishing that we are going to redevelop a new party store with
pumps and developing a new gas station. With that we are
developing also a retail center to the west of the property. We
feel that this new development will be something... the owner... it
is a lifelong dream that he had in developing this center. We are
hoping we are going to get your approval tonight. With that, if you
have any questions...I know we kind of briefly talked about it last
time. I should have probably prepared for this a little bit more, but
basically you know there is no gas station within a couple miles
on the west side or the east side of this property. I don't see any
problem myself... this gas station is there for the convenience of
the neighbors around that area so that they can fill and shop in
that area. At the same time, we are proposing an extra unit next
to that gas station for maybe a carry -out restaurant so they can
pick-up so the customers can pick up their necessities and things
like that. As far as the technical issues and some of the questions
that was brought up regarding the letters that were read from the
planner, Mark. As you can see, the existing property has three
different entrances right now. We are not adding any additional
entrances or anything like that, so there isn't' going to be
deliveries or exiting or entry into the property from Long Street as
I heard. We are just utilizing the existing entrances. As far as
gas and gas fumes and things like that, I mean now a days and
in this modern time you won't really smell the gasoline unless you
are really really close to it or you spill some of it. It is monitored
very much and there is minimum spill into the ground and things
like that. The reason why he wants it, like I said, it is a dream that
he wants a gas station with a store, but at the same time I think
he is trying to meet some of the demand on the southerly side of
the road. Where the other gas stations are on the northerly side,
and I think more on the Redford end, the City of Redford, of the
area where not in Livonia. So, with that said, as far as ... I could
add a few more thing. Regarding the properties to the south, I
think that by putting landscaping and having that split face block
July 13, 2021
30072
which is like a stone block wall on the proposed building, would
kind of buffer and also appear to be more like... it's like a more
neighborly site in the sense when you use materials such as
stone and brick and ... we can also add other kinds of materials
such as ... I don't have it on there, but it is mentioned by the owner
and other places that I design like wood composite and things like
that so they would match more within the neighbors that are
behind this building. There are a lot of centers that are next to
neighborhoods that comply in that sense and if there are any
suggestions or anything that comes out from the committee or
from any neighbors that want to come up and we can discuss
certain elements and materials to that building. We are open to
that. Other things that we can comply with. We will comply. As
far as maintenance issues, maintenance issues...I don't
think ... you would have to look into your records and I don't know
the property as much in this area as Billy and some of the other
people that are going there, but as far as what I have seen when
I go over there, I am not there at night but you know... I know from
places around where I live I know you find bottles or
bags... certain things that people litter. I mean ... what I know from
Billy is that he maintains his property. It was always clean when
I got there on the outside when I drove around that parking lot. I
am usually there in the daytime just visiting him or talking to him
about this project. He has some nice landscaping that surround
his property and it kind of buffers the neighborhood behind. That
is the feeling that I get. I guess you would have to drive over
there to really know for yourself that the place is really buffered
with landscape between the neighbors, and I think this is the
biggest issue to be concerned and to be and to hear some of the
neighbors' concerns. With that said, I think I will leave it at that.
Some people that I heard are in support in the neighborhood. So
I am glad a few of them came and maybe they want to say
something and add something. Floor is open for your guys to ask
me any questions you want.
Mr. Wilshaw: Thank you, sir. Do we have any questions from any of our
commissioners for our petitioner's representative?
Mr. Bongero: This plan is shown as ... you know that the easement that we know
exists there...the utility easement with all the power lines...what
did you come up with on that? That was going to be a hardship
and I don't think it is going to be as easy to move as we discussed
at the study meeting. So, what is your plan for that?
Mr. Raichouni: We didn't do anything because I have to get a civil engineer
involved. If there was a possibility that the Engineering
Department said that we could re-route the lines and redevelop
July 13, 2021
30073
the underground in order to redirect the underground utilities such
as the storm. I know the storm shouldn't be hard because the
storm is located on Inkster or Grand River that we can connect to
with approval of the City and Wayne County. I think also
sanitary... you know, the only other line that would be under there
would be sanitary, so ... the only thing that is connected to that
sanitary is probably the two houses in that one block area and the
liquor store that is there now.
Mr. Bongero: When I went to the property...) have been there a couple times.
That easement... at one time it ran the full length, and a lot of
those power lines are feeding the neighborhood. I don't think it is
going to be really easy to do, you know what I mean? It is going
to affect your future plan for the property next door too because
it cuts right through where that building would be.
Mr. Raichouni: So, the only thing or way that I can answer you is that the water
and sewer... the way that I answered it I think is doable by
abandoning the sanitary... it isn't abandoning it ... we got to
abandon it where its leading right now from east to west on a
diagonal. We would have to cut it and redirect it, which is... in a
way that is not designed under a proposed building design. Ya
know? We could kind of reroute it in almost any direction you can
imagine except it can't be under a structure. That is number one.
Number two, the electrical lines we would have to call a planner
and we were intending to call a planner and thought maybe you
had a meeting ... (inaudible)
Bela) Hourany, 612 Norborne, Dearborn Heights, MI. I am the actual owner. What
he is trying to say is if we can table this for today... )did call DTE
building department and they will come out. We are trying to
figure out if the power lines are under and then we would have to
reconstruct both buildings. So, like you said... it is going to
become a problem. The way we have the buildings now, if it don't
work out then we would have to address the building. I think you
kind of explained it wrong... so, say we had the Phase II with the
strip center would be, if it was in the center and the power lines
did have to stay, we would have to shift things around.
Mr. Bongero: Yeah.
Mr. Hourany: And say if the gas station we are trying to build, if that 4,000
square feet... if the power line has to stay, we would have to go
to 3,000 square feet.
Mr. Bongero: Okay. Yeah.
July 13, 2021
30074
Mr, Hourany: That is kind of why I want to table this for today until DTE does
come, we go with engineering, and they do come give us ... are
we looking at underground or overground... what are our options
and then come back with a whole new design of two buildings or
are we moving a couple poles where it is not nothing like wow.
Mr. Bongero: Yeah. I am satisfied with that. I think that is a good idea.
Mr. Hourany: You're fired.
Mr. Raichouni: (inaudible)
Mr. Hourany: Yeah, so that is what we are going to do. If it is something
reasonable, we are going to move the line. If it is something
crazy, of course, we are just going to shrink the buildings and
shift... say where we were building the strip mall, we would shift it
more towards Grand River and make the houses the parking lot
and leave the lines. I think you are going to need a 12-foot
easement. We are going to try and leave that... leave that alley
where there is nothing on it.
Mr. Bongero: Yeah. I understand. I think it is a good idea.
Mr. Hourany: I'm going to work around it. I'm going to build over. I'm going to
do whatever it takes.
Mr. Wilshaw: Thank you. We do have a public hearing for tonight we will see
what the outcome of this meeting is but we are still going to give
an opportunity for everyone to speak and ask questions and then
we will make our decision. Tabling is certainly an option. Thank
you. Any other questions for our petitioner from any of the
commissioners?
Ms. McCue: This is more for Mr. Taormina. In the letter from the Police
Department...can you just revisit what our precedence has been
in the past on approving gas stations with alcohol/liquor and what
are the....is there exceptions... is there... I just want to restate that
again because I want that to be clear as well.
Mr. Taormina: In the City of Livonia, it has not yet been done. There have been
attempts mostly from existing gas stations wanting to secure an
SDM and/or SDD license at their facilities, which have been
rejected. Those licenses, historically, were not something that
you could operate out of a gasoline station, except in rural parts
of the state. The laws changed a few years back, which opened
the door for gas stations to have off -premises licenses. There
are certain requirements. There has to be a certain distance
July 13, 2021
30075
between the gas pumps and the point of sale for the alcohol and
those type things, but they are not complete barriers. Some
communities allow it. You have probably seen them elsewhere,
but not in Livonia. We have traditionally said the two uses don't
co -mingle very well. Also, the city as a quota, or a restricted
number of these types of licenses that we want to keep at the
party stores to protect those businesses from having an
oversaturation of these licenses coming in from other parts of the
county. The city's policy has been to keep the two separate. That
doesn't mean we don't have situations, possibly, where gas
stations operate in close proximity to liquor stores, but the point
of sales for both gas and alcohol, no where in Livonia does it
occur under the same roof.
Ms. McCue: Thank you, I appreciate the clarification.
Mr. Hourany: I see the whole thing too. (Inaudible) I know other cities have
allowed it too. Just like the marijuana thing. We would never
think, ya know, that cities are allowing marijuana now, so I think
it is going to be one of those gamechangers to where we never
thought marijuana was going to be allowed and now it is. I know
Livonia opted -in, and other cities are opting in. With our location
it is like a unique property. It is two acres of land and another
way ... just like when I was driving here, I had a...I don't know if it
was a brilliant idea, but I seen that Kroger down the street with
that small building with pumps. I would do something even like
that and build the liquor store separate. I seen that now and said
wow that is a little building with pumps and then I can make my
retail unit the liquor store. Then you have two different entities
also to where then I could justify to any other liquor store owner
or any other gas station owner that tries to say that I tried 10 years
ago you can say that it is two different entities, and it is two acres
of land. Then I could justify why he got denied 10 years ago and
I got approved now.
Mr. Wilshaw: We will see how things play out. We appreciate your comments,
Mr. Hourany. We will see if there is any other questions from any
of the commissioners for this petition?
Mr. Ventura: I have a question for Mr. Taormina. I note that in the write-up for
this petition you point to a change in the law that allowed some of
the communities to opt to combine fuel and alcohol sales, but the
provision is that no more than 35% of the total sales can be
alcohol. Here we have... how is that ever verified? How does
anybody police that? How does anybody establish that in the
front end that that is the fact and how does anybody establish or
confirmed over time that it is being maintained? This particular
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30076
petition appears, without any other evidence, to be more food and
liquor than fuel. There are only four fuel pumps there. How much
business would you do there? So, it seems to be an article of
faith that the threshold is not being exceeded by alcohol and then
how do we confirm that that is the case going in or at any other
point in the future? Do you know?
Mr. Taormina: Well, we would know how much alcohol is purchased by the state
by the proprietor, but what we wouldn't know would be all of the
other sales. Just so that everyone understands what is being
discussed here, there is a provision for SDD licenses that if they
are being operated in a store where less than 35% of the gross
sales are related to alcohol, then the alcohol has to be kept
behind a counter or a locked case and cannot be accessible to
the public. A good example is Rite -Aid where the percentage of
sales involving alcohol are less than 35% of their gross sales so
they comply with that requirement to keep the spirits behind a
counter or in a locked case. In this case, because we have never
dealt with a business that operates gasoline sales, we don't know
what percentage of gas sales would be compared to the
percentage of other sales including alcohol, so it is something that
we would have analyze as part of the operation. Maybe all spirits
are going to be behind the counter. If he operates that way, then
that is fine. We don't have to worry about that. If his preference
is to keep the spirits on the display cases out open to the public,
then we will have to determine how much of his sales at the store
are for that purpose. Does that make sense?
Mr. Ventura: It does. Thank you.
Mr. Hourany: I might have an answer. I do keep everything behind the counter.
There is nothing...a customer cannot reach and grab the alcohol.
We do serve them. You are obligated to have a liquor liability
insurance. That is besides everything else. It shows how much
liquor you buy, and grocery you buy. It is a separate insurance
you have to buy in case somebody wants to come purchase
alcohol and they get into an accident on the street. It is a sperate
insurance policy that they started years ago. I don't know if that
might answer your question. I don't know. It separates how much
alcohol and groceries you buy. They started this years ago. It is
a separate insurance you have to buy now for $50,000 minimum.
I think that might show the difference.
Mr. Ventura: Thank you.
Mr. Wilshaw: Any
other questions from
any of the
other commissioners? For
our
petitioner? For our
staff? I
don't see any questions.
July 13, 2021
30077
Gentleman, if you just want to take a seat for just a moment and
we will see if anyone else in the audience wishing to speak for or
against this item. We will give them an opportunity to come
forward and speak. Then we will go back to our petitioner. Good
evening, sir.
Mike Bellaire, 27800 Long St., Livonia, MI. I live right behind the store after 20
years. The business up there, as far as the party store, is father
and son. Been over there more than 20 years. People come in
there and know him by name. Customers come in there because
they want to feel like it's a place they can go, and people know
your name. The people that are going to open this business care
about the community. They make their employees sweep the lot.
There are a lot of slobs out there. Just throw stuff out the window.
Throw their bottles, whatever. You can't control that. You can
control your employees cleaning up. As far as the people
opening it, first class. As far as the gas stations, down Grand
River on the south side like I used to come down from Grand
River and Ten Mile ... M-5 get on Grand River and come down to
my house. There is not a gas station on the right side at all. You
go for into Detroit before you find one. As far as the gas station
and convenience, there is nothing on that side. Plus, you are
going to put up a new building and you are going to put up
something that is clean and refreshing. It is in the corner of
Livonia. You all know that. It is going to add to that...I hate to
say it but living in the corner I always say I live in the hood.
Because if you go to Joe's Produce at Seven and Farmington and
you look at the houses around there, the businesses are pretty
nice stuff. They keep them all up. In this area where we are at,
we got Farmington, Southfield, Redford, all that. Some of them
aren't' kept up as good. Here you are putting up a new business.
Gas and liquor... drive to Ohio... drive to Indiana, everyone has it.
Twelve Mile and Northwestern or Middlebelt and Northwestern.
They have a gas station and a liquor store. I don't see problems
with that. Just like you were saying, marijuana, it's a new thing.
Whoever would have thought marijuana was going to be legal. I
didn't, but you know what? It's time to step up and times are
changing. Let's start something here. Make his dream come
true.
Mr. Wilshaw: Thank you, Mr. Bellaire. We appreciate your comments. Is there
anyone else in our audience wishing to speak for or against? We
will give you an opportunity to come forward. Good evening,
ma'am.
Jennifer La Mere, 20015 Inkster, Livonia, MI. I am also a very life-long friend of
Belal Hourany and of his father and mother. I also work for Mr.
Hourany. Our policy in the store is to address our customers by
July 13, 2021
30078
first name. We have a lot of regulars. We have talked to a lot of
our regulars in the store, and they are excited about our proposal.
We are one of the few that were able to stay open during the
COVID. We stayed open 'til 2 a.m. seven days a week. Mr.
Hourany put aside some of the repairs on his property so we
could maintain a lot of our customers that are low-income. Lost
theirjobs. Mr. Hourany, for my family, made sure there was food
on the table, whether it was just a loaf of bread and some bologna
or noodles. He has done that for a lot of our neighbors. We hope
you guys look forward to this. Lay some new ground for the gas
station and the liquor store.
Mr. Wilshaw: Thank you, ma'am. We appreciate your comments. Anyone else
wishing to speak for or against? Please come forward. Good
evening, sir.
David Tomaszewski, 19918 Maplewood, Livonia, MI. I am pretty much right down
the street from the store. I have been going in that store since
his father owned it. Everybody refers to him as Pops because he
insisted to be called Pops. It has been a family -oriented store.
This man and his father had insisted that they give back to the
area around them. He is not doing this just because this is just a
dream, he is doing this because he wants to give back to the area.
He has helped take care of the area for so long. His father started
it and he is continuing the tradition. I stand behind him in that.
He has helped me out numerous times when I have been on hard
times. I have done all kinds of work in my life. Sometimes I am
there when I can work and be there... sometimes the job didn't
pan out. I used to work for Clarenceville Public Schools in the
maintenance department. I got lad off due to budget cuts. His
father took care of me. He provided me food. No charge. He
provided me food for my children. No charge. I paid it back
eventually, but that is type of family he is. Gas station... he just
wants to give back where it is convenient for the people and the
community. This man, this is all he wants to do is deal with the
community. He has businesses all around that little area. Most
of them are actually in Clarenceville. Whether it is in the
Farmington side, Livonia side, Redford side, Southfield side. He
is sticking in this area because he wants to give back because so
many people have given to him. I cannot see anything in my life
to hold him up from this dream of his because he just wants to
give. He has done well for himself, but mostly he gives and gives
and gives. He has gotten to the point where he has given more
than he should have. The building is run down because of it. He
wants to make a new one. He wants to encourage the community
to participate. He has insisted that he takes care of the building
the best he can with what resources he's got. I have tried to help
July 13, 2021
30079
him out. I know friends that have tried to help him out. He does
what he can. He has even had his brother come in and lend a
hand free of charge because of ... they want to give back. But his
brother has his own life too, but he still gives. It's just the way the
family is and I owe him a lot because he has given to me and my
family time and time again. I know he has done it for hundreds
of others in the community and I don't see any reason why him
wanting to continue to help people just in a different way, this
being held up. I don't see it. Thank you for your time.
Mr. Wilshaw: Thank you, sir. We appreciate your comments. Anyone else in
our audience wishing to speak on this item? Good evening,
ma'am.
Mariana Stoja, 18515 Pershing, Livonia, MI. I took actually my son there since he
was a baby. He is ten now. They are a very loving family. Very
good hearted. They keep everything clean. They don't ask for
much, but they give out a lot. Anything you need help; they are
there for you. You don't really even need to ask. Once you show
up they are very friendly and they just give it to you. I wouldn't
speak anything bad just good for them. I would do anything you
could to help them out. I know it is a big dream of his and it is
something he really looks forward to, so I would really be on his
side for it.
Mr. Wilshaw: Excellent. Thank you for your comments. Anyone else in out
audience wishing to make a comment on this item? I don't see
anyone else coming forward. Is there any other questions or
comments from our commissioners on this item? If not, I am
going to go to our petitioner and ask if there is anything else you
would like to say?
Mr. Raichouni: No. Not unless you have any questions for us.
Mr. Wilshaw: Another
questions? If
not, I
think we
are all good. We are all
set.
Thank you. We are
going
to close
the public hearing on this
item
and a motion would
be in
order.
On a motion by Long, seconded by Ventura, and unanimously adopted, it was
#07-33-2021 RESOLVED, That pursuant to a Public Hearing having been held
by the City Planning Commission on July 13, 2021, on Petition
2021-06-02-09 submitted by Belal Hourany requesting approval
of all plans required by Sections 11.03(a) and 18.58 of the City of
Livonia Zoning Ordinance #543, as amended, in connection with
a proposal to demolish an existing commercial building (Billy's
Liquor Depot) and construct a new retail party store with gasoline
July 13, 2021
30080
pumps, at 27415 Grand River Avenue, located at the southwest
corner of Grand River Avenue and Inkster Road in the Northeast
Y4 of Section 1, the Planning Commission does hereby table this
item to a date undetermined.
FURTHER RESOLVED, that notice of the above hearing was
given in accordance with the provisions of Section 19.05 of
Zoning Ordinance #543, as amended.
Mr. Wilshaw: Is there any discussion?
Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adopted.
ITEM #3 PETITION 2021-06-02-10
Wade Shows
Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2021-
06-02-10 submitted by Wade Shows, Inc. requesting waiver use
approval pursuant to Section 11.03(I) of the City of Livonia Zoning
Ordinance #543, as amended, to conduct a carnival in the parking
lot of the former Sears Department store, sponsored by the
Rotary Club of Livonia, consisting of amusement rides, games
and food concessions from July 30, 2021 through August 8, 2021,
inclusive, on property at 29500 Seven Mile Road, located on the
northwest corner of Seven Mile Road and Middlebelt Road in the
Southeast'/4 of Section 2
Mr. Taormina: Just very briefly, this is the return of the Livonia AM Rotary Club
Carnival, conducted by Wade Shows. It is in the parking lot of
the former Sears Department Store at the northwest corner of
Seven Mile and Middlebelt Roads. This has been a long-standing
operation at this location. The dates were indicated by the
Secretary. The only thing to add would be the hours of operation.
Monday through Friday would be from 4 p.m. to 11 p.m. and on
the weekends, Saturday and Sunday would be from 12 p.m. to
11 p.m. On Monday the 8th, the carnival would be closed and
dismantled. With that, Mr. Chairman, I can read out the
departmental correspondence.
Mr. Wilshaw: Yes, please.
Mr. Taormina: The first item is from the Engineering Division, dated June 23,
2021, which reads as follows: "In accordance with your request,
the Engineering Division has reviewed the above referenced
waiver use approval request. The address of #29500 Seven Mile
Road is correct for the subject parcel, and should be used in
July 13, 2021
30081
connection with this petition. We have no objections to the
proposed petition, although the following items should be noted:
Should the carnival have the need to occupy, or should any of the
associated activities impact either of the Seven Mile Road or
Middlebelt Road right-of-way, a permit from Wayne County will
be required as both roads are under theirjurisdiction. All sanitary
sewage from the site, recreational vehicles or campers shall be
disposed of properly. Should the operators need to have water
provided for their facilities, they should contact the City of Livonia
Water Department to obtain the proper equipment, including a
water meter with backflow preventer." The letter is signed by
David W. Lear, P.E., Assistant City Engineer. The next letter is
from the Livonia Fire & Rescue Division, dated July 13, 2021,
which reads as follows: "This office has reviewed the site plan
submitted in connection with a request to construct a commercial
building on property located at the above referenced address.
We have no objections to this proposal." The letter is signed by
Greg Thomas, Fire Marshal. The next letter is from the Division
of Police, dated July 13, 2021, which reads as follows: "1 have
reviewed the plans in connection with the petition. I have no
objections to the proposal." The letter is signed by Scott
Sczepanski, Sergeant, Traffic Bureau. The next letter is from the
Inspection Department, dated July 12, 2021, which reads as
follows: "Pursuant to your request, the above -referenced petition
has been reviewed. This Department has no objections to this
petition." The letter is signed by Jerome Hanna, Director of
Inspection. The next letter is from the Finance Department, dated
June 21, 2021, which reads as follows: " I have reviewed the
address connected with the above noted petition. The following
amounts are due to the City of Livonia: False Alarm delinquent
charges (5/31/21): $ 983.52 Unpaid water and sewer charges
(as of 6/21/21): 2,703.93 ($1882.92 past due, $821.01 current)
Total Due City of Livonia $3,687.45." The letter is signed by
Connie Kumpula, Chief Accountant. That is the extent of the
correspondence. The next letter is from the Treasurer's
Department, dated June 16, 2021, which reads as follows: "In
accordance with your request, the Treasurer's Office has
reviewed the name and addresses connected with the above
noted petition. At this time, there are no taxes due, therefore I
have no objections to the proposal."The letter is signed by Lynda
Scheel, Treasurer. Lastly, a letter dated July 5, 2021, that reads:
"Living 29619 Knottingham Circle behind Wal-Mart, I am in favor
of the carnival slated for July 30, 2021 through August 8, 2021. I
think it will be great for the business that will take on more
customers. Those businesses need a boost after the pandemic.
The smoothie shop, the coney island, Thai, they could all use a
boost as well as the other stores, eateries, shops. My only
July 13, 2021
30082
concern is the waste making sure the trash doesn't blow
everywhere after a windy day. We get a lot of Wal-Mart trash
blown at the condos. 1, Michelle Smith, is in favorof petition 2021-
06-02-10, Thank you." That is the extent of the correspondence.
Mr. Wllshaw: Are there any questions of the Planning Director? If not, Ms.
Hardesty is in the audience. Good evening, ma'am.
Joanna Hardesty, PO Box 51730, Livonia, Michigan. It is good to be back.
Mr. Wilshaw: This
is a routine request that we
have
seen many years in a
row
now.
Is there anything else you
would
like to mention about
it.
Ms. Hardesty: Nothing is different, except the date.
Mr. Wilshaw: Great. Are there any questions from any of our commissioners?
Mr. Long: I am assuming that a lot of these rides...at the study session we
talked about there might be fewer rides at this and I am assuming
a lot of these rides have been sitting for quite a long time. Can
you talk about the maintenance program on them and the
inspection that will take place?
Ms. Hardesty: Absolutely. To correct that, they have not been sitting. They are
up and running in the southern states. They are in Florida and
Alabama, Georgia, Texas, so they have been running. They will
be inspected again when they arrive in Michigan for the first time
by the State of Michigan, on top of all the inspections that they go
through in the other states. Michigan will be inspecting with State
Inspectors, as well as our third -party inspectors will be inspecting
them as well once they are here and they are set up before they
are operational.
Mr. Long: Is there any kind of sanitizing that will take place every night or
anything like that?
Ms. Hardesty: As far as the rides, Wade Shows has a COVID-19 program that
has been established and in use that will be part of what they do
here in Michigan as well. Everything will meet whatever
requirements are by the CDC and the Michigan Health
Department State Department.
Jr.
Long: Thank you.
Or.
Wilshaw: Any other questions for our petitioner? I don't see any other
questions. Is there anybody in the audience that wishes to speak
for or against this item? Seeing no one coming forward, Ms.
July 13, 2021
30083
Hardesty, is there anything else you would like to say before we
make our decision?
Ms. Hardesty: If I could just clarify, Mark read the letter from the Finance
Department regarding the outstanding bills. So there is no
misconception, Sears does not charge for use of that. They do
not charge Wade Shows and they do not charge the Livonia AM
Rotary. A donation has been made every year to Sears for use
for non-profit purpose, which in the past has been their Christmas
Program. It is not that they are making money on this deal. There
will be a donation, but it is just that, a donation, not a fee.
Mr. Wilshaw: You are not utilizing the building or the facilities in any way, right?
Ms. Hardesty: Not in any way, shape or form. Just the parking lot.
Mr. Wilshaw: Okay,
thank you. If
there
are no other questions or comments,
then a
motion would
be
in
order.
On a motion by McCue, seconded by Caramagno, and unanimously adopted, it
was
#07-34-2021 RESOLVED, That pursuant to a Public Hearing having been held
by the City Planning Commission on July 13, 2021, on Petition
2021-06-02-10 submitted by Wade Shows, Inc. requesting waiver
use approval pursuant to Section 11.03(I) of the City of Livonia
Zoning Ordinance #543, as amended, to conduct a carnival in the
parking lot of the former Sears Department store, sponsored by
the Rotary Club of Livonia, consisting of amusement rides,
games and food concessions from July 30, 2021 through August
8, 2021, inclusive, on property at 29500 Seven Mile Road, located
on the northwest corner of Seven Mile Road and Middlebelt Road
in the Southeast'/4 of Section 2, the Planning Commission does
hereby recommend to the City Council that Petition 2021-06-02-
10 be approved subject to the following conditions:
That the carnival shall be limited to the dates as specified by
Wade Shows, Inc., which are Friday, July 30, 2021, through
Sunday, August 8, 2021, inclusive, and closed and
dismantled on Monday, August 9, 2021,
2. That the proposed carnival operation shall be confined to
the area as illustrated on the aerial layout plan submitted as
received by the Planning Commission on June 15, 2021.
3. That all rides,
food concessions,
booths and all
other
equipment and
apparatus relating
to the operation
of the
July 13, 2021
30084
carnival shall be located at least sixty feet (60') distant from
the Seven Mile and Middlebelt Roads right-of-way lines.
4. That the temporary housing and storage of other trucks and
equipment associated with the carnival shall be parked or
stored within the extreme southwestern portion of the former
Sears Department store parking lot, but no closer than sixty
feet (60') from the Seven Mile Road right-of-way line.
5. That the hours of operation shall be limited to the following:
Monday through Friday from 4:00 p.m. to 11:00 p.m.; and on
the weekends, Saturday and Sunday, from 12:00 p.m. to
11:00 p.m.; and
6. That appropriate access to fire hydrants shall be provided to
the City of Livonia Fire Department.
FURTHER RESOLVED, That notice of the above hearing was
given in accordance with the provisions of Section 19.05 of
Zoning Ordinance #543, as amended.
Mr. Wilshaw, Chairman, declared the
motion
is carried and
the foregoing resolution
adopted.
It will go on
to City
Council with
an approving resolution.
On a motion by McCue, seconded by Caramagno, and unanimously adopted, it
was
#07-35-2021 RESOLVED, That the City Planning Commission does hereby
determine to waive the provisions of Section 10 of Article VI of
the Planning Commission Rules of Procedure, regarding the
effective date of a resolution after the seven-day period from the
date of adoption by the Planning Commission, in connection with
Petition 2021-06-02-10 submitted by Wade Shows, Inc.
requesting waiver use approval pursuant to Section 11.03(I) of
the City of Livonia Zoning Ordinance #543, as amended, to
conduct a carnival in the parking lot of the former Sears
Department store, sponsored by the Rotary Club of Livonia,
consisting of amusement rides, games and food concessions
from July 30, 2021 through August 9 2021, inclusive, on property
at 29500 Seven Mile Road, located on the northwest corner of
Seven Mile Road and Middlebelt Road in the Southeast '/4 of
Section 2
Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adopted. It will go on to City Council with an approving resolution.
July 13, 2021
30085
ITEM #4 PETITION 2021-06-SN-01 Metro Detroit Signs
Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2021-
06-SN-01 submitted by Metro Detroit Signs requesting approval
for additional wall signs pursuant to Section 18.47 of the City of
Livonia Zoning Ordinance #543, as amended, for the Citizens
Bank at 37307 Six Mile Road, located on the south side of Six
Mile Road between Levan and Newburgh Roads in the Northwest
% of Section 17.
Mr. Taormina: This petition seeks permission to install two additional wall signs
at the Citizens Bank located at the Newburgh Plaza Shopping
Center. The zoning of the plaza is C-2 (General Business) which
allows for one wall sign on the front of the building subject to a
maximum area based on a ratio of 1 square foot of sign area for
each one linear foot of building frontage. In this case, the bank
is allowed a single sign of 80 square feet in area. Currently the
bank has two main identification wall signs, as well as one
monument sign. The wall signs are located on the north and west
elevations of the building. The additional wall sign on the west
side of the building was granted to Charter One Bank in 2004.
The wall signs that exist today are both 60 square feet in area.
One is above the entrance on the north side of the building facing
Six Mile and the other is on the west side facing Newburgh. The
additional signs would go on the other two sides of the building
that do not currently have signs, including the east side that faces
in the direction of the Big Boy Restaurant and on the south side
that faces in the direction of the plaza. Both of these signs would
also measure 60 square feet in area, similar to the existing signs.
The combined area of all four signs would be 240 square feet.
Again, the zoning ordinance allows one wall sign, not to exceed
80 square feet. Thus, final approval would be subject to the
Zoning Board of Appeals review. With that, Mr. Chairman, I can
read out the departmental correspondence.
Mr. Wilshaw: Yes please.
Mr. Taormina: The first item is from the Finance Department, dated June 11,
2021, and reads as follows: "1 have reviewed the address
connected with the above noted petition. As there are no
outstanding amounts receivable (general or water and sewer), I
have no objections to the proposal." The letter is signed by
Connie Kumpula, Chief Accountant. The next item is from the
Treasurer, dated June 9, 2021, as reads as follows: "In
accordance with your request, the Treasurer's Office has
reviewed the name and addresses connected with the above
noted petition. At this time, there are no taxes due, therefore I
July 13, 2021
30086
have no objections to the proposal. The letter is signed by Lynda
Scheel, Treasurer. The last item is from the Inspection
Department, dated July 12, 201, and reads as follows: "Pursuant
to your request, the above referenced Petition has been
reviewed. A variance from the Zoning Board of Appeals would
be required for the excess number of signs. This Department has
no further objections to this Petition." The letter is signed by
Jerome Hanna, Director of Inspection. That is the extent of the
correspondence.
Mr. Wilshaw: Are there any questions for the Planning Director?
Mr. Caramagno: Mark, did the Inspection Department make any comments on the
painting of the white building?
Or. Taormina: We have not received any response yet from them.
Or. Caramagno: Thank you.
Mr. Wilshaw: Mr. Bongero?
Mr. Bongero: Just back to the paint. It wasn't painted like this. If you go by this
building, it doesn't look like this. It actually looks really nice. That
is not that building. I was there tonight on my way here. That
center tower is like a dark, really dark brown. It's sharp. It actually
looks nicer than that too. I looked at it and went wow that actually
looks really good. It is not like this picture at all. I don't know if
that matters, I just thought I would bring it up.
Mr. Taormina: I don't think these renderings really depict what is there. I would
agree with that. There was some paint one on the building, but
not all of the brick was painted. In either event, it doesn't affect
the signage petition.
Mr. Wilshaw: Good points. Any questions or comments? If not, we will go to
our petitioner. Good evening, sir.
Kevin Deters, Metro Detroit Signs, 11444 Coultz Ave., Warren, MI 48089. As we
talked about a few weeks ago at the last meeting, the bank asked
us to apply for as much signage as they can get. There is a space
that would fit these two extra wall signs. One on the east and one
on the south. I realize that it is a huge ask. I have been in the
sign industry my entire adult life. I understand that we are asking
for a lot. The bank is, like every other commercial business right
now, post-COVID, struggling like everyone else. They want to
have as much branding as they can to try and stay open and in
particular, the sign on the south elevation facing the strip mall
July 133 2021
30087
would be particularly helpful to them obviously facing all of those
other businesses and patrons that they have going in and out of
the strip mall. We talked about this quite a bit last time so I don't
have much to add, other than thanks for your time and I will
answer any questions.
Mr. Wilshaw: an you,
Mr. Deters.
Do
we have any questions for our
petitioner?
No questions?
Mr.
Caramagno,
Mr. Caramagno: Sir, how many other Citizens Banks are you working for or signing
these days?
Mr. Deters: The way that these bank programs work is they, for example,
when Charter Bank became Citizens that was in 2004 or 2005. 1
could be getting this wrong, but back then in 2004 or 2005 we did
about 30 or 40 sites in the Detroit/Lansing/Grand Rapids area.
Right now, currently, I am the permitting person in our office.
Right now I have three Citizens Banks on my desk. This one, one
in Rochester Hills that we are installing, let me say four. One in
Royal Oak and one in Dearborn Heights. Even though all of the
Citizens Banks are going through this logo and signage change
eventually, for financial reasons they don't do it all at once. They
will pick a market and pick a handful of sites at a time, because
the signs don't go up until the bank pays the manufacturer in full
for the signs. If there are 100 Citizens Bank sites in the Detroit
area, Citizens can't afford to buy 100 sites worth of signs all at
once. They will do these five or ten sites this quarter and then
next quarter they will do another 15 sites and eventually all of the
sites will change. Usually not all in the same window.
Mr. Caramagno: They budget their sign package, but more to my question is how
many of the Citizens Banks have signage on all four sides and a
monument sign?
Mr. Deters: Not
the ones that
I am working on currently if
I am being honest
with
you.
Mr. Caramagno: That is what I
want,
honesty.
As you
said, this is a big ask and
we recognize
this
is
a big ask
also, so.
Thank
you.
Mr. Wilshaw: Thank you. Any other questions for our petitioner? No other
questions. There is no one else in the audience to speak for or
against this item so we will go back to you and see if there are
any closing statements you would like to say?
Mr. Deters: No. I think between this meeting and the last one we covered it.
Unless you have anything else for me, I am all set.
July 13, 2021
30088
Mr, Wilshaw: Thank you,
Mr.
Deters.
Thank you for coming. I will go to the
commission.
Is
there a
motion?
On a motion by McCue, seconded by Caramagno ,and unanimously adopted, it
was
#07-36-2021 RESOLVED, That the City Planning Commission does hereby
deny Petition 2021-06-SN-01 submitted by Metro Detroit Signs
requesting approval for additional wall signs pursuant to Section
18.47 of the City of Livonia Zoning Ordinance #543, as amended,
for the Citizens Bank at 37307 Six Mile Road, located on the
south side of Six Mile Road between Levan and Newburgh Roads
in the Northwest'/4 of Section 17, for the following reasons.
1. That the applicant has failed to comply with all the
requirements outlined in Section 18.50H of the Zoning
Ordinance.
2. That the applicant has not justified the need for any
additional signage for this location.
3. That approving this request would set an undesirable
precedent for businesses in the immediate area and the City
as a whole; and
4. Approving this application would not be aesthetically in the
City's best interest.
Mr. Wilshaw: Is there any discussion?
Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adoptedI
ITEM #5 APPROVAL OF MINUTES 1,1715'Public Hearings and
Regular Meeting
Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of
the Minutes of the 1,1715t Public Hearing and Regular Meeting
held on June 15, 2021.
On a motion by Long, seconded by Bongero ,and unanimously adopted, it was
#07-36-2021 RESOLVED, That the Minutes of 1,1715' Public Hearings and
Regular Meeting held by the Planning Commission on June 15,
2021, are hereby approved.
July 13, 2021
30089
A roll call vote on the foregoing resolution resulted in the following:
AYES: Long, McCue, Bongero, Ventura, Wilshaw
NAYS: None
ABSENT: Smiley
ABSTAIN: Caramagno
Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion duly made, seconded and unanimously
Hearings and Regular Meeting held on July 13, 20211
CITY
Sim
ATTEST:
Ian Wilshaw, Chairman
the 1,172"d Public
urned at 8:47 p.m.
COMMISSION
no, Secretary