HomeMy WebLinkAboutPLANNING MINUTES 2010-03-30MINUTES OF THE 994'" PUBLIC HEARINGS AND REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
On Tuesday, March 30, 2010, the City Planning Commission of the City of
Livonia held its 9941 Public Hearings and Regular Meeting in the Livonia City
Hall, 33000 Civic Center Drive, Livonia, Michigan.
Mr. Lee Morrow, Chairman, called the meeting to order at 7:00 p.m.
Members present: Deborah McDermott R. Lee Morrow Lynda Scheel
Ashley Vartoogian Carol A. Smiley Joe Taylor
Ian Wilshaw
Members absent: None
Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program
Supervisor, were also present.
Chairman Morrow informed the audience that if a petition on lonighfs agenda
involves a rezoning request, this Commission makes a recommendation to the
City Council who, in tum, 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 len 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 fling.
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 2010-02-01-01 DR. NABIL SULIMAN
Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2010-02-
01-01 submitted by Dr. Nabil Suliman requesting to rezone
property at 18621 Farmington Road, Lots 98 through 106 of the
Seven Mile Road Super Highway Subdivision, located on the
west side of Farmington Road between Curtis Road and Seven
Mile Road in the Northeast 1/4 of Section 9, from R-3 to OS.
March 30, 2010
25268
Mr. Morrow: Item #1 has been removed from the agenda for administrative
reasons and will be rescheduled for the Public Hearing to be
held on May 11, 2010.
ITEM #2 PETITION 2010-03-02-04 APARTMENT SERVICES
Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2010-
03-02-04 submitted by Apartment Services Company requesting
waiver use approval to operate a contractors yard in an M-1
district at 34600 Glendale Avenue, located on the north side of
Glendale Avenue between Stark Road and Fairlane Avenue in
the Northwest 1/4 of Section 28.
Mr. Taormina provided background on the item and presented a map showing
the properly under petition plus the existing zoning of the surrounding area.
Mr. Morrow: Is there any correspondence?
Mr. Taormina: There are three items of correspondence. The first item is from
the Engineering Division, dated March 18, 2010, which reads as
follows: "In accordance with your request, the Engineering
Division has reviewed the above-referenced petition. The legal
description provided comes from our City records and is correct.
Our City records show that there is an address range of 34600
through 34610 for this parcel. The building on this site houses
two addresses, 34600 Glendale and 34610 Glendale.
Apartment Services occupies 34600 Glendale Ave. The other
side of the building, 34610 Glendale, is occupied by Michigan
Packaging, Inc. The area to be fenced is paved and there is a
catch basin for storm water drainage. Apartment Services
Company, via copy of this comespondence, is reminded that
storage of materials should be done in a manner where storm
water runoff quality is not adversely impacted by the material
storage." The letter is signed by Kevin G. Roney, P.E.,
Assistant City Engineer. The second letter is from the Livonia
Fire & Rescue Division, dated March 18, 2010, which reads as
follows: "This office has reviewed the site plan submitted in
connection with a request to operate a contractor's yard in an
M-1 district on property located at the above-referenced
address. We have no objections to this proposal with the
following stipulations: Combustibles shall be maintained 20 feet
from the building." The letter is signed by Donald F. Donnelley,
Fire Marshal. The third letter is from the Inspection Department,
dated March 26, 2010, which reads as follows: "Pursuant to
your request of March 4, 2010, the above-referenced Petition
has been reviewed. The following is noted. (1) The lot area
March 30, 2010
25269
shall be enclosed with a fence except for the front yard setback.
The fence shall be located on the boundaries of the lot area and
not exceed 8 feet in height. A permit and inspection of the fence
will be required. (2) Stacking or stockpiling of materials shall not
exceed eight feet in height above the ground. (3) The parking
spaces located on the east side of the building will need to be
removed to allow access to rear yard. A cross access
agreement would be required if the petitioner was to use the
drive located on the property to the east. This Department has
no further objections to this petition." The letter is signed by
Jerome Hanna, Assistant Director of Inspection. That is the
extent of the correspondence.
Mr. Morrow:
Thank you. Are there any questions for the staff?
Mr. Taylor:
Mark, is there a fence there now?
Mr. Taormina:
There are two smaller fenced in areas, but they don't appear on
this plan. One is located directly behind the building. There are
three sides to that fence. The fourth side is the building itself
that forms the enclosure. The second area is in the
northeasterly corner of the site.
Mr. Taylor:
In our approving resolution, if it is so permitted, there is nothing
mentioned about a fence. Would that be taken care of by the
Inspection Department?
Mr. Taormina:
Are you talking about the new fence or the older fenced in area?
Mr. Taylor:
The new fence that they're going to put in.
Mr. Taormina:
The new fence is something that would have to go to the
Inspection Department for approval.
Mr. Taylor:
We dont mention it in our resolution. That's what I'm getting at.
Mr. Taormina:
We can do that certainly. That is something that should
probably be included - that they secure the necessary fence
permits.
Mr. Taylor:
And they talk about removing the parking on the east side of the
property.
Mr. Taormina:
Correct.
Mr. Taylor:
You talked about removing maybe five or six spaces. The way
the Inspection Department talks, all of those spaces would be
removed.
March 30, 2010
25270
Mr. Taormina:
I don't know if that's necessary. As we discussed this item at
our study session, it was indicated that there would probably be
a need to remove three or four spaces. I think it really is
dependent upon the pefitioner and what he needs for adequate
space and the size of vehicles he is going to be maneuvering in
and out of that fenced in area. If it requires four spaces, I don't
see why we would need all those spaces removed, especially if
there is a reciprocal agreement with the adjoining property
owner.
Mr. Taylor:
Thankyou.
Mr. Morrow:
I think he mentioned at the study session that most of his fleet is
pickup trucks.
Mr. Taormina:
Yes, with some trailers.
Mr. Wilshaw:
Just one question for the Planning Department. Is barbed wire
something that we have to specifically mention in our resolution
if we do or don't want to permit that, or is that a city ordinance?
Mr. Taormina:
That is a city ordinance, although in the case of industrial
properties, there is some allowance for it. But if that is
something you want specifically addressed, then it should be
part of the resolution.
Mr. Wilshaw:
I see the existing fence that is around the back of the property
now, the small fence, does have barbed wire at the lop of it.
Mr. Taormina:
That could be, yes.
Mr. Wlshaw:
All right. Thank you.
Mr. Morrow:
Is the petitioner here this evening? Please come forward and
give us your name and address for the record.
George LaForesl,
Apartment Services Company, 44500 Woodland Park,
Northville, Michgan 48168. 1 own Apartment Services and the
building.
Mr. Morrow:
Do you have anything you want to add before I go to the
Commission?
Mr. LaForesl:
Two things. Barbed wire, we're not sure if we want that or not.
It really depends on the security problems. We've been having
a lot of security problems. Our thefts over the Iasi year have
been close to $50,000 of machinery and equipment and so
March 30, 2010
25271
forth. It's getting to be a serious problem. It's not just there. It's
everywhere. And second, at the last meeting somebody
mentioned the landscaping on the building. We had our guy
draw up a plan and we will be re -landscaping the front this
summer just to update it and so forth. Basically, that's about it
though. The number of trailers and so forth you see out there
right now, that is a high point. Those trailers will all be gone
probably about next weekend at they go out to the different
locations. That's pretty much it.
Mr. Morrow:
Mark, since he menfioned a landscape plan, would that be
something that would come back to us at a later date? Would
that be something that the Staff can handle?
Mr. Taormina:
That would be the Commission's determination. If you want to
see the landscape plan come back, you can certainly mention
that in the approving resolution, or altematively, you could just
have Staff approve that. Our Staff did go out and take a look at
it. Scott Miller reported to me that what's there currently is well
maintained. So I think anything that he provides would just be
supplemental.
Mr. Morrow:
We'd just be bringing it back up to speed.
Mr. Taormina:
Right. So it is something we could review in house if you're
comfortable with that.
Mr. Morrow:
We'll see how the Commissioners feel about it.
Ms. Smiley:
Did we come up with an agreement with your neighbor?
Mr. LaForesl:
I can gel that in writing. We've had an ongoing agreement for
the last five years we've been in there. The new people next
door, they just moved in about two or three months ago
because the building has been empty for the last five years. I
can get that for you though. We reciprocate by plowing the
snow and so forth, and we share the drive because it gives us
both more parlang that way.
Mr. Morrow:
Yes, that is something that you'll need to get in writing to
provide to the City.
Mr. LaForesl:
That's no problem.
Ms. McDermott:
Good evening. How many spaces do you think you will need to
remove to gel the proper turning radius for the parking spaces
on the east side?
March 30, 2010
25272
Mr. LaForesl:
I'm guessing no more than four spaces.
Ms. McDermott:
Okay. And that will still give you enough parking?
Mr. LaForesl:
Oh, yes. Most of our people work off site.
Ms. McDermott:
Okay. I'm curious. In the northeast corner of the lot in the back,
there is a camper.
Mr. LaForesl:
Yes. I don't know whose that is. Its been out there for two
years, and it hasn't moved. I have no idea. Its a popup
camper, and I have no idea who it belongs to.
Ms. McDermott:
Okay. Well, if anyone out there is hearing that, it might be your
camper. Okay. Thank you.
Ms. Vartoogian:
Are you planning on storing any types of landscaping materials?
Mr. LaForesl:
No. We don't do landscaping. We're strictly a maintenance
company.
Ms. Vartoogian:
One of the city departments mentioned or had a concern about
the storage of materials and the impact it would have on water
runoff quality.
Mr. LaForest:
We don't have anything out there. We've never stored dirt or
anything because we don t do landscaping.
Ms. Vartoogian:
Okay. Thank you.
Mr. Morrow:
Seeing no further questions, I'll go to the audience and ask if
there's anyone in the audience wishing to speak for or against
the granting of this petition? Seeing no one coming forward, I'm
going to close the public hearing and ask for direction from the
Commission.
On a motion by
Scheel, seconded by Taylor, and unanimously adopted, it was
#03-22-2010
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on March 16, 2010, on
Petition 2010-03-02-04 submitted by Apartment Services
Company requesting waiver use approval to operate a
contractors yard in an M-1 district at 34600 Glendale Avenue,
located on the north side of Glendale Avenue between Stark
Road and Fairlane Avenue in the Northwest 1/4 of Section 28,
which property is zoned M-1, the Planning Commission does
hereby recommend to the City Council that Petition 2010-03-02-
04 be approved subject to the following conditions:
March 30, 2010
25273
1. That the Site Plan prepared by JMK Services, as submitted
to the Planning Commission on March 4, 2010, is hereby
approved and shall be adhered to;
2. That the petitioner shall notify the abutting property owners
about the layout and height of the fence;
3. That a land survey by an accredited surveyor shall be
provided to the Inspection Department prior to the
placement of the fence;
4. That the necessary permit and inspection fees for the
fencing approvals be obtained from the Inspection
Department;
5. That appropriate recordable legal instrumentation, such as
a cross access agreement, that gives notice and outlines
the terms of how the subject property(s) would share
parking and access, be supplied to the City;
6. That the visitor and employee parking spaces shown on
the site plan shall be double striped, including the provision
of barrier free parking, and all regular parking spaces shall
be 10 feet by 20 feet in size as required;
7. That the outdoor storage of trailers, commercial vehicles,
equipment and materials shall be limited to the designated
locations as shown on the above -referenced Site Plan and
shall be maintained in an orderly manner;
8. That there shall be no outdoor storage of disabled or
inoperative equipment and vehicles, scrap material, debris
or other similar items;
9. That the outdoor stacking or stockpiling of materials shall
not exceed eight feet (8') in height above ground level;
10. That the petitioner shall comply with the following
stipulation in the correspondence dated March 18, 2010,
from the Engineering Department:
- That storage of materials should be done in a manner
where storm water runoff quality is not adversely
impacted by the material storage;
March 30, 2010
25274
11. That the petitioner shall comply with the following
stipulation in the correspondence dated March 17, 2010,
from the Fire & Rescue Division:
- That combustibles shall be maintained 20 feel from the
building;
12. That all landscaped and sodded areas shall be
permanently maintained in a healthy condition;
13. That a landscape plan shall be submitted to the Planning
Department for approval, and
14. That the plan referenced in this approving resolution shall
be submitted to the Inspection Department at the time of
application for the Certificate of Occupancy amendment.
Subject to the preceding conditions, this petition is approved for
the following reasons:
1. That the proposed use is in compliance with all of the
special and general waiver use standards and
requirements as set forth in sections 16.11 and 19.06 of
the Zoning Ordinance #543;
2. That the subject property has the capacity to accommodate
the proposed use; and,
3. That the proposed use is compatible to and in harmony
with surrounding uses in the area.
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. Morrow: Is there any discussion?
Mr. Taylor: Mr. Chairman, if I may, I'd like to add Item #4, that the
landscaping in front of the building shall be approved by the
Planning Department, if the maker of the motion agrees to that.
Ms. Scheel: Yes, I agree with that. I had another question also. The letter
that we received from the Fire Marshall said that combustibles
must be maintained 20 feet from the building. Does that need to
be in the approving resolution?
Mr. Taormina: Yes, that can be included.
March 30, 2010
25275
Ms. Scheel:
I would like to add that also.
Mr. Morrow:
I think that's very appropriate.
Mr. Taylor:
Support.
Mr. Morrow:
Supported by Mr. Taylor. Anything else of the Commission?
Mr. Taylor:
Mr. Chairman, if I may, through the Chair to Mark, I'm assuming
we don't have to mention the fence then. It sounds as if the
petitioner wants to put a fence up as long as it's not any higher
than eight feel because of the problem he's had with theft.
Mr. Taormina:
Correct. I think the approving resolution requires that he gel the
necessary permits and that it be surveyed prior to the
installation of the fence.
Mr. Taylor:
Thankyou.
Mr. Morrow,
Chairman, declared the motion is carried and the foregoing
resolution adopted. It will go on to City Council with an
approving resolution.
It Y:41i FR)•9=k 1 It I[a] i! FIr➢DIIrB111YZIIc113 I
Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2010-
03-02-05 submitted by Brad Turowski requesting waiver use
approval to operate a limited service restaurant (Subway) at
17134 Farmington Road within the Burton Hollow Plaza
Shopping Center, located on the east side of Farmington Road
between Six Mile Road and Curtis Avenue in the Southwest 1/4
of Section 10.
Mr. Taormina provided background on the dem and presented a map showing
the property under petition plus the existing zoning of the surrounding area.
Mr. Morrow: Is there any correspondence?
Mr. Taormina: There are three items of correspondence. The first item is from
the Engineering Division, dated March 18, 2010, which reads as
follows: "In accordance with your request, the Engineering
Division has reviewed the above referenced petition. The legal
description provided does not describe the exact premises. The
following legal description describes the property and the exact
premises: THAT PART OF THE SW 114 SEC 10 TIS R9E DESC AS
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25276
BEG A T A PTE ON E LINE OF FARMINGTON RD. DISTANT DUE N
ALONG THE W SEC LINE 195 FT AND S 89DEG 44M 30S E 60 FT
FROM THE SW COR OF SEC 10 AND PROC TH DUE N ALONG
SAID E LINE 215.12 FT TH DUE E 399.99 FT TH DUE S 351.93 FT
TH N 89DEG 44M 30S W 265 FT TH DUE N 135 FT TH N 89DEG
44M 30S W 135 FT TO POB 2.81 AC. MORE SPECIFICALLY,
WITHIN SUCH PROPERTY, THE PREMISES CONFINED TO 17134
FARMINGTON ROAD, COVERING 1600 SQUARE FEET, AND
MEASURING 20 FEET WIDE BY 80 FEET DEEP. The address
according to our records is 17134 Farmington Road." The letter
is signed by Kevin G. Roney, P.E., Assistant City Engineer. The
second letter is from the Livonia Fire & Rescue Division, dated
March 17, 2010, which reads as follows: 'This office has
reviewed the site plan submitted in connection with a request to
operate a limited service restaurant on property located at the
above -referenced address. We have no objections to this
proposal." The letter is signed by Donald F. Donnelley, Fire
Marshal. The third letter is from the Inspection Department,
dated March 26, 2010, which reads as follows: "Pursuant to
your request of March 8, 2010, the above -referenced petition
has been reviewed. The following is noted. (1) This petition is a
change of use. The space will be required to meet all current
barrier free codes including exterior doors, parking and access.
This will be addressed further at the time of our plan review if
this project moves forward. (2) This plan does not make
provision for a dumpster(s) or dumpster enclosure(s). The
Commission and/or Council may wish to determine how trash
disposal will be maintained at this site. (3) No signage has been
reviewed at this time. This Department has no further objections
to this petition."The letter is signed by Jerome Hanna, Assistant
Director of Inspection. That is the extent of the correspondence.
Mr. Morrow: Are there any questions of Mr. Taormina?
Ms. Smiley This is a new use for this spot. Wasn't it a pizza place before?
Mr. Taormina: Yes, I think it may have been. The change in use comes from
the fact that it has interior seating, whereas the previous
restaurant was carryout only.
Ms. Smiley: Okay. Thank you.
Mr. Morrow: Is the petitioner here this evening? We will need your name and
address for the record.
Brad Turowski, 12033 Chandler, Plymouth, Michigan 48170.
Mr. Morrow: Is there anything you'd like to add at this time?
March 30, 2010
25277
Mr. Turowski:
No. I think everything was covered.
Mr. Taylor:
Mr. Turowski, what are you planning on doing with the trash?
Mr. Turowski:
There is a dumpster back there already. If we take out trash too
much, then I'm just going to buy my own dumpster. I dont know
if they have a contract with a dumpster company as in Republic
Waste or Waste Management. I'm not sure. If d comes toil, we
will be responsible for it, and we will pay for it if we have loo
much.
Mr. Taylor:
Do you know what the pizza company did there?
Mr. Turowski:
No, I'm sorry. I do not.
Mr. Morrow:
Along that same line, is there room for another dumpster in the
enclosure? You might need to put it in another enclosure.
Mr. Turowski:
There is quite a bit of room back there.
Mr. Morrow:
Its not covered in your lease agreement?
Mr. Turowski:
No. It is not.
Ms. Scheel:
Could you tell me what the hours of operation are going to be?
Mr. Turowski:
It will be opening at 7:00 a.m. and it will be closing most likely at
10:00 P.M.
Ms. Scheel:
Is that seven days a week?
Mr. Turowski:
On the weekends, on Saturday it will be opening at 8:00 a.m.
and on Sunday it will be opening at 9:00 a.m. On Sunday, it will
most likely be closing at 9:00 p.m.
Ms. Scheel:
But on Saturday it will be closing at 10:00 p.m. also?
Mr. Turowski:
Yes, ma'am.
Ms. Scheel:
Okay. Thank you.
Mr. Morrow:
As it relates to the hours, it seems me I saw some advertising
for Subway that you're now going to gel into breakfasts?
Mr. Turowski:
Yes. That's correct. That's the reason we're opening at 7:00
a.m.
March 30, 2010
25278
Mr. Morrow: That's what I assumed and to give you an opportunity to do a
little promoton here.
Mr. Turowski: Its fantastic. I've actually been serving it in five of my stores
already. I started about six months ago, and its phenomenal.
Mr. Morrow: Okay. Thank you.
Mr. Turowski: Healthy, loo. We have egg while omelets.
Ms. McDermott: I just wanted to ask about your experience with Subway. You
just referenced five stores. Can you give us an idea where
they're located?
Mr. Turowski:
In actuality, I own seven right now. This would be the eighth. I
own one in Northville, two in Plymouth, two in Romulus, one in
Westland and one in Ann Arbor.
Ms. McDermott:
Thank you.
Mr. Turowski:
I'm all over the place. I drive a lot.
Mr. Taylor:
What kind of cuisine do you serve for breakfast?
Mr. Turowski:
On the normal Subway bread, it will be egg white omelets or
egg omelets. Bacon, sausage, western ham which is ham and
eggs, as well as muffins. It is a choice of ours if we want to do
cinnamon buns or not, but they are fantastic so I'm going to be
doing them in all my stores. They're very good.
Mr. Morrow:
Any olherquestons?
Mr. Turowski:
And coffee, I'm sorry.
Mr. Morrow:
Any olherquestons?
Ms. Vartoogian: Do you have any plans to have outdoor sealing at that location?
Mr. Turowski: Not as of yet. I only have one store with outdoor sealing. It
doesn't really bring too many extra people in. That one is in
downtown Plymouth. People like to sit outside, but I doubt R. I
highly doubt it.
Ms. Vartoogian: Okay. Thank you.
Mr. Wlshaw: My thunder was slightly stolen with asking how many other
locations you have and where they're located, but can you give
us an idea of how long you've been in this business?
March 30, 2010
25279
Mr. Turowski:
In mid-April, it will be five years.
Mr. Wlshaw:
Wow.You've done really well for yourself in that time.
Mr. Turowski:
Yeah. I work pretty hard, some long hours.
Mr. Wilshaw:
Thats good.
Mr. Turowski:
And I have a good mentor.
Mr. Wlshaw:
Thats good. It seems like a good fit for this location. Thank
you.
Mr. Morrow:
Seeing no further questions, I'll go to the audience and ask if
there's anyone in the audience wishing to speak for or against
the granting of this petition? If you'll come forward and give us
your name and address for the record.
Diane Gonzales:
I own the property located at 33411 Six Mile Road. That's
probably better known to all of you as the Shell Station that's
right on the corner of Six Mile and Farmington. It's actually
across the street from the Walgreens and the Mobil on the
corner there. I came to speak to you tonight because I actually
have a sandwich shop located within my gas station. This is my
second location. I've been here for a little bit over a year.
During that time, there was a Subway located in there that
pulled out. I can tell you that since it has, it has been very
difficult for us. So we opened our own sandwich shop in there
in an attempt to draw customers in. We've been doing okay, but
you know this is the worse economy we've seen in all of our
generation. I love working in Livonia. I enjoy having a business
here. It's been a wonderful opportunity for us, but as you know,
the BP across the street from me had to shut its doors and it
went bankrupt. I can tell you right now, that if that Subway
opens up there, its going to do the same thing to us. So I came
here tonight because I wanted you to know that there's
consequences to your actions.
Mr. Morrow:
Yes. There's nothing in the ordinance that precludes a
petitioner coming forward to open it up.
Ms. Gonzales:
I understand. It's simply a consequence of the vole, and I just
wanted to make sure that you were aware of that.
Mr. Morrow:
Okay. We certainly appreciate your input.
Ms. Gonzales:
Thank you so much.
March 30, 2010
25280
Mr. Morrow:
This will be finally determined by the City Council so you will
have another chance to speak to that issue.
Ms. Gonzales:
Thank you so much.
Mr. Morrow:
Thank you.
Ms. Gonzales:
I apologize I'm going to leave. I serve on the Plymouth Canton
Community School Board and I actually left their meeting to
come here and meet you this evening. So thank you very much
for your time. I appreciate it.
Mr. Morrow:
Thankyou foryourservice in the Canton Community schools.
Ms. Gonzales:
Thankyou so much. Have agood night.
Mr. Morrow:
We will need your name and address.
Robert Attar,
Golden Gifts Jewelry, 33300 West Six Mile, Livonia, Michigan
48152. We own Golden Gift Jewelry in this strip center. Lel me
just say that we're very happy if you people will say yes,
because we think it will be a great addition to our mall. Before
the Secretary of Stale came, it looked like a bomb went off
there. And you know what? I think its going to be a great
addition. I'm looking forward to the breakfast. These are good
operators. We just hope you guys say yes because we think it
will be great. Unfortunately, what she was saying about
Subway, that was in the gas station. You couldn't hardly even
get a sandwich there because it was so poorly run. Our staff
always loves to get sandwiches and hamburgers and we
support Bates thoroughly.
Mr. Morrow:
We don't want to gel into that area.
Mr. Attar:
No, but we support Bales thoroughly. If it's a business that is
run correctly, it will do well, and these people seem like they're
good operators. We think it would be a good addition.
David Attar:
I'm his brother. Co-owner of Golden Gift Jewelry. Same
address. With all due respect to her, I understand the economy
is bad too, but I think she is drawing a different audience. Most
of her people are pumping gas and buy a sandwich on the ran.
His customers are going to be drawing primarily from the
Secretary of Slate. So I think it's two separate entities even
though they are selling the same type of food. We're very, very,
very happy and pleased that he is going to be laking a vacant
space in our plaza. Thank you.
March 30, 2010
25281
Mr. Morrow: Seeing no one else coming forward, I'm going to close the
public hearing and ask for a motion.
On a motion by Taylor, seconded by Scheel, and unanimously adopted, it was
#03-23-2010 RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on March 30, 2010, on
Petition 2010-03-02-05 submitted by Brad Turowski requesting
waiver use approval to operate a limited service restaurant
(Subway) at 17134 Farmington Road within the Burton Hollow
Plaza Shopping Center, located on the east side of Farmington
Road between Six Mile Road and Curtis Avenue in the
Southwest 1/4 of Section 10, which properly is zoned 61, the
Planning Commission does hereby recommend to the City
Council that Petition 2010-03-02-05 be approved subject to the
following conditions:
1. That the maximum customer seating count shall not
exceed 30 seals in accordance with the Floor Plan marked
Store Concept submitted by Brad Turowski, dated
December 18, 2009;
2. That only conforming signage is approved with this petition,
and any additional signage shall be separately submitted
for review and approval by the Zoning Board of Appeals;
3. That no LED Iighthand or exposed neon shall be permitted
on the site including, but not limited to, the building or
around the windows; and
4. That the specific plan referenced in this approving
resolution shall be submitted to the Inspection Department
at the time of application for the building permits.
Subject to the preceding conditions, this petition is approved for
the following reasons:
1. That the proposed use complies with all of the special and
general waiver use standards and requirements as set
forth in Sections 10.03 and 19.06 of the Zoning Ordinance
#543;
2. That the subject site has the capacity to accommodate the
proposed use; and
3. That the proposed use is compatible to and in harmony
with the surrounding uses in the area.
March 30, 2010
25282
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. Morrow, Chairman, declared the motion is carded and the foregoing
resolution adopted. It will go on to City Council with an
approving resolution.
ITEM #4 PETITION 2010-02-02-03 SIAM SPICY 4
Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2010-
02-02-03 submitted by Siam Spicy 4, Inc. requesting waiver use
approval to utilize a Class C Liquor License in connection with a
full service restaurant (Siam Spicy 4 Thai Restaurant) at 37140
Six Mile, located on the north side of Six Mile Road between
Newburgh Road and Fitzgerald Avenue in the Southwest 1/4 of
Section 8.
Mr. Morrow: When this item came before us, it was tabled. We will need a
resolution to remove it from the table.
On a motion by McDermott, seconded by Wilshaw, and unanimously adopted, it
was
#03-24-2010 RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on March 16, 2010, on
Petition 2010-02-02-03 submitted by Siam Spicy 4, Inc.
requesting waiver use approval to utilize a Class C Liquor
License in connection with a full service restaurant (Siam Spicy
4 Thai Restaurant) at 37140 Six Mile, located on the north side
of Six Mile Road between Newburgh Road and Fitzgerald
Avenue in the Southwest 1/4 of Section 8, which properly is
zoned G2, the Planning Commission does hereby remove this
item from the table.
Mr. Morrow, Chairman, declared the motion is carded and the foregoing
resolution adopted.
Mr. Morrow: Do we have direction?
Mr. Wilshaw: I'm going to ask that the petition be withdrawn at this time. The
petitioner has submitted a letter to us asking that this petition be
withdrawn. So I will move that.
March 30, 2010
25283
On a motion by Wilshaw, seconded by Vartoogian, and unanimously adopted, 0
was
#03-25-2010 RESOLVED, that having considered a withdrawal letter from
Suda Hoy, President of Siam Spicy 4, dated March 23, 2010, in
connection with Petition 2010-02-02-03 which requested waiver
use approval to utilize a Class C Liquor License in connection
with a full service restaurant (Siam Spicy 4 Thai Restaurant) at
37140 Six Mile, located on the north side of Six Mile Road
between Newburgh Road and Fitzgerald Avenue in the
Southwest 1/4 of Section 8, which properly is zoned C-2, the
Planning Commission does hereby withdraw this petition without
prejudice.
Mr. Morrow, Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. Taylor: I'm just thinking back Council -wise. Mark, is "no further action'
more appropriate than withdrawal on this type of a thing? I don't
know exactly how the Planning Commission works.
Mr. Taormina: I think historically we have withdrawn these petitions without any
prejudice. Thal was one of the concerns she raised in her letter,
the ability to come back in the future should circumstances
change.
Ms. Smiley: So I write withdrawn without prejudice?
Mr. Taormina: Correct.
ITEM #5 APPROVAL OF MINUTES 992n° Regular Meeting
Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the
Minutes of the 993'" Public Hearings and Regular Meeting held
on March 16, 2010.
On a motion by Scheel, seconded by Taylor, and unanimously adopted, it was
#03-26-2010 RESOLVED, that the Minutes of 993rtl Public Hearings and
Regular Meeting held by the Planning Commission on March
16, 2010, are hereby approved.
March 30, 2010
25284
A roll call vole on the foregoing resolution resulted in the following:
AYES: Scheel, Taylor, McDermott, Varloogian, Wilshaw,
Smiley, Morrow
NAYS: None
ABSENT: None
ABSTAIN: None
Mr. Morrow, Chairman, declared the motion is carried and the foregoing
resolution adopted.
On a motion duly made, seconded and unanimously adopted, the 994th Public
Hearings and Regular Meeting held on March 30, 2010, was adjourned at 7:43
p.m.
ATTEST:
R. Lee Morrow, Chairman
CIN PLANNING COMMISSION
Carol A. Smiley, Secretary