HomeMy WebLinkAboutPLANNING MINUTES 2011-08-23MINUTES OF THE 1,013TH PUBLIC HEARINGS AND REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
On Tuesday, August 23, 2011, the City Planning Commission of the City of
Livonia held its 1,013" Public Hearings and Regular Meeting in the Livonia City
Hall, 33000 Civic Center Drive, Livonia, Michigan.
Mr. Ian Wilshaw, Acting Chairman, called the meeting to order at 7:00 p.m.
Members present: Scott P. Bahr Ashley V. Krueger Lynda L. Scheel
Carol A. Smiley Gerald Taylor Ian Wilshaw
Members absent: R. Lee Morrow
Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program
Supervisor, were also present.
Acting Chairman Wilshaw informed the audience that if a petition on tonighfs
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 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 PETMON 2011-07-01-03 KUCYK, SOAVE AND
FERNANDES, P.L. L.C.
Ms. Scheel, Secretary, announced the first item on the agenda, Petition 2011-07-
01-03 submitted by Kucyk, Soave and Fernandes, P.L.L.C.
pursuant to Section 23.01 of the City of Livonia Zoning
Ordinance #543, as amended, requesting to rezone property at
14341 Henry Ruff Road, located on the west side of Henry Ruff
Road between Schoolcreff Road and Lyndon Avenue in the
Southwest 1/4 of Section 23, from RUF to R-3.
Mr. Wilshaw: Are there any questions for the staff?
August 23, 2011
25763
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. Taormina:
This properly is described as being the east half of Lot 11 of
B.E. Taylor's Schoolcraft Manor Subdivision. This property is
about .30 acres in size with approximately 105 feel of frontage
on Henry Ruff and a depth of 126 feel. The properly is
presently vacant. Located three properties to the north is a
similar sized lot, Lot 8, that was rezoned in 2010. Prior to the
rezoning, approval to develop Lot 8 was granted by the Zoning
Board of Appeals. The Zoning Board of Appeals at that time
included a condition that the petitioner had to widen a portion of
Henry Ruff Road. The variance and road widening condition
became moot when the Council approved the change of zoning
to R-3, which then made the site conforming. There is a similar
road widening condition as it applies with respect to Lot 11,
which was granted a variance in 2005. Like Lot 8, the condition
imposed by the Zoning Board of Appeals would become null
and void should the requested rezoning be successful. The
subject properly is not currently in compliance with RUF
standards with respect to minimum lot size. The RUF district
requires a minimum lot of 21,780 square feel, whereas the
subject property is approximately 8,712 square feel in area.
The rezoning would cause the zoning of the property to more
accurately reflect the size of the property and also would be
consistent with the zoning across the street. Thank you, Mr.
Chairman.
Mr. Wilshaw:
Is there any correspondence on this item?
Mr. Taormina:
There is one item of correspondence from the Engineering
Division, dated August 17, 2011, which reads as follows: 7n
accordance with your request, the Engineering Division has
reviewed the above -referenced petition. The legal description
provided is correct. The address is confirmed to be 14341
Henry Ruff. It should be noted that the Site Plan which was
attached was drawn in October of 2004. No house has been
built on that lot. By copy of this correspondence, 1 am notifying
the developer that no permit install the sanitary service for this
property will be issued until proof that the 12 foot wide
easement for the sewer has been obtained and recorded. We
trust that this provides the requested information." The letter is
signed by Kevin G. Roney, P.E., Assistant City Engineer. That
is the extent of the correspondence.
Mr. Wilshaw: Are there any questions for the staff?
August 23, 2011
25764
Ms. Smiley:
Is this consistent with the Future Land Use, Mark?
Mr. Taormina:
Yes, it is. The Future Land Use shows the area as low density
residential, and the R-3 zoning would correspond with that low
density category.
Mr. Wilshaw:
We will open the public hearing. Is the petitioner here this
evening?
Enrico E. Soave, Esq., Kucyk, Soave & Fernandes, P.L.L.C., 37771 Seven Mile
Road, Suite C, Livonia, Michigan 48152. Good evening,
everyone. I'm here on behalf of the petitioner. A few things to
add in addition to what Mr. Taormina said. There was a site
plan that was provided as part of this petition for illustrative
purposes. That is not going to be the house that will be
constructed there in the event this Board and City Council
approves rezoning. Also, Mr. Taormina mentioned, last March
of 2010, the Council did approve the rezoning of three parcels to
the north of this. I represented that property owner as well. The
house has been built and sold there, and its quite a beautiful
addition to the neighborhood if I may say so myself. Also, this
present property owner does live right in the neighborhood, so
he is immediately affected, whatever happens here. Actually,
he owns the property immediately behind this one to the west.
I'd be happy to answer any questions you may have.
Mr. Wilshaw:
Thank you, Mr. Soave. Does anyone have any questions for
the petitioner?
Ms. Krueger:
Why is this being requested?
Mr. Soave:
Even though some people may not think so, despite the market
there is somewhat of a shortage of buildable lots in Livonia.
The property owner thinks that if he does put a house up there,
it will sell in the near future. There is a demand for it.
Ms. Krueger:
Okay. Thank you.
Mr. Taylor:
You said that you're going to pave that street then in front of that
house. I know there is already a larger paving there now, but
you're not going to do anything more than that.
Mr. Soave:
The pavement widening is, hopefully, going to be waived by the
City Council as they did with the lot to the north.
Mr. Taylor:
Do you know the road width now by chance?
August 23, 2011
25765
Mr. Soave:
I think Mark may know it.
Mr. Taormina:
It is 21 feet where it exists adjacent to this particular lot. There
was a project that increased the width of Henry Ruff by about
four feet last Spring.
Mr. Wilshaw:
That lot at 24 feet is wide enough to be considered a standard
proper width for a road. Also for fire safety, there are no issues
that the Fire Department has with that?
Mr. Taormina:
I think it's 21 feet. We have not been made aware that it needs
to be widened beyond its current cross section for the purpose
that it serves currently. Again, this is Henry Ruff. It was
originally classified as a collector street if it was to extend further
to the south and be continued to SchoolcraR Road, but that is
no longer a plan at the present time. It is a limited service
street. It is adequate. Standards today are somewhat different
but we have other neighborhoods within the community where
the streets that serve similar purposes are at this width if not
slightly less than this.
Mr. Wilshaw:
Thank you. Mr. Soave?
Mr. Soave:
I have nothing further. Thank you.
Mr. Wilshaw:
Is there anybody in the audience that wishes to speak for or
against the granting of this petition? Seeing no one coming
forward, a motion would be in order.
On a motion by
Taylor, seconded by Scheel, and unanimously adopted, 8 was
#08-44-2011
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on August 23, 2011, on
Petition 2011-07-01-03 submitted by Kucyk, Soave and
Fernandes, P.L.L.C. pursuant to Section 23.01 of the City of
Livonia Zoning Ordinance #543, as amended, requesting to
rezone property at 14341 Henry Ruff Road, located on the west
side of Henry Ruff Road between Schoolcraff Road and Lyndon
Avenue in the Southwest 1/4 of Section 23, from RUF to R-3,
the Planning Commission does hereby recommend to the City
Council that Petition 2011-07-01-03 be approved for the
following reasons:
1. That the proposed change of zoning is compatible to and in
harmony with the surrounding zoning and land uses in the
area;
August 23, 2011
25766
2. That the proposed change of zoning is consistent with the
developing character of the area;
3. That the property involved in this request would be in full
compliance with R-3 District regulations;
4. That the proposed change of zoning would cause the
zoning of the properly to more accurately correspond to the
use and size of the properly; and
5. That the proposed change of zoning would moot any
existing zoning variances granted to this property and
render ordinary additions or construction of outbuildings a
matter of right, whereas under the current zoning, any such
changes would be prohibited and require variances from
the Zoning Board of Appeals.
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, Acting 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 2011-07-01-04 DANILO JOSIFOSKI
Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2011-
07-01-04 submitted by the Danilo Josifoski pursuant to Section
23.01 of the City of Livonia Zoning Ordinance #543, as
amended, requesting to rezone properties at 37600 through
37706 Plymouth Road, located on the north side of Plymouth
Road between Newburgh Road and Chase Boulevard in the
Southeast 1/4 of Section 30, from RUF to R-9.
NOTE: Item #2 has been removed from the agenda at the
request of the petitioner.
August 23, 2011
25767
ITEM #3 PETITION 2011-07-02-09 JAMES PARTY STORE
Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2011-
07-02-08 submitted by Thamer Ajja requesting waiver use
approval to utilize an SDM liquor license (sale of packaged beer
and wine) and an SDD liquor license (sale of packaged spirits
over 21% alcohol) in connection with a party store (James Party
Store) at 27821 Seven Mile Road, located on the south side of
Seven Mile Road between Inkster Road and Harrison Avenue in
the Northeast 1/4 of Section 12.
Mr. Taormina provided background on the item and presented a map showing
the property under petition plus the existing zoning of the surrounding area.
Mr. Taormina: The description of this properly is Lots 20 through 26 of the
Sunningdale Subdivision. The overall site measures
approximately 145 feel of frontage on Seven Mile Road and has
a depth of 100 feel on Deering, for a land area of about 14,500
square feel or .33 acres. The current zoning of the properly is
C-1, Local Business. The proposed party store would occupy
the building that would be located on Lots 22 and 23, which is
near the middle of the site. The building extends onto Lots 20
and 21, and those constitute separate tenant spaces that are for
rent. Lots 24, 25 and 26, which lie to the east, as well as the
rear portions of Lots 20 through 23, all contain parking spaces
for the entire building which is about 4,180 square feet. The
space that is proposed to be occupied by the party store is
about half of the total building area. It's about 2,080 square
feel, and then the remaining 2,100 square feel consists of these
two equally divided tenant spaces. One is 1,000 square feet
and the other is roughly 1,100 square feet. Both SDD and SDM
liquor licenses are allowed as waiver uses in the C-1 district
under Section 10.03(8) of the Zoning Ordinance. James Party
Store is currently located at 27847 Seven Mile, which is on the
same block as the subject site and is at the southeast corner of
Seven Mile and Floral. They will be transferring both the SDD
and SDM liquor licenses to the new location. There are a
number of special requirements as it pertains to these types of
retail licenses. For the SDM liquor license, they cannot be
located within 500 feel of an existing SDM licensed
establishment and for the SDD liquor license, which is the sale
of packaged liquor, they cannot be located within 1,000 feet of a
similar licensed business. This proposal is in full compliance
with those requirements because they would be transferring the
licenses over. So the current one will disappear and it will be
relocated to the new site, and there are no SDD or SDM
licensed establishments within those specified distances. There
August 23, 2011
25768
is also a requirement in the ordinance that these licensed
establishments cannot be located within 400 feet of a church or
school. Again, the proposal does comply with that requirement.
Lastly, there is a provision in the ordinance that says in the case
of those stores where the gross receipts derived from the sale of
alcoholic beverages does not exceed 35 percent of the total
gross receipts of all sales, both alcoholic and non-alcoholic, that
all SDD licensed products, again these are all the spirits, would
have to be displayed behind a counter with no direct public
access, and they would have to have a qualified employee
distribute those items to the customer. We don't have the
information relative to what their total sales are in comparison to
their SDD or packaged liquor sales, but that point doesn't matter
because on the floor plan they are showing that all those
products would be restricted and there would be no direct public
access to those items. They would be located behind the sales
counter. For the SDM products, there is no such requirement.
Those can be located on the display shelving and in the coolers.
Thank you.
Mr. Wlshaw: Thank you, Mr. Taormina. I believe we have a few items of
correspondence?
Mr. Taormina: There are four items of correspondence. The first dem is from
the Engineering Division, dated August 16, 2011, which reads
as follows: "In accordance with your request, the Engineering
Division has reviewed the above -referenced petition. It appears
that no site work will be associated with this liquor license
request. The following legal description describes the property
and the subject premises: Lots 22 to 26 inclusive, Sunningdale
Park Subdivision, being a subdivision of part of the north half of
Section 12, TIS R9E, Liber 61, Page 56 of Wayne County
Records, and more specifically, the premises located at the
southwest corner of the lot utilizing the address of 27821 Seven
Mile Road, with the internal dimensions of 40 feet by 56 feet,
and containing approximately 2200 square feet.. The range of
addresses associated with this property is 27809 through 27825
Seven Mile Road. The address of the subject premises is
27821 Seven Mile Road. We trust this provides you with the
requested information." The letter is signed by Kevin G. Roney,
P.E., Assistant City Engineer. The second letter is from the
Livonia Fire & Rescue Division, dated August 1, 2011, which
reads as follows: "This office has reviewed the plan submitted
in connection with a waiver use approval request to utilize an
SDM liquor license and an SDD liquor license in connection with
a party store located at the above referenced address. 1 have no
objections to this proposal." The letter is signed by Ead W.
August 23, 2011
25769
Fesler, Fire Marshal. The third letter is from the Division of
Police, dated July 28, 2011, which reads as follows: "1 have
reviewed the plans in connection with the petition. 1 have no
objections to the proposal." The letter is signed by John Gibbs,
Sergeant, Traffic Bureau. The fourth letter is from the Division
of Police, dated August 8, 2011, which reads as follows: "1 have
reviewed the plans in connection with James Party Store (SDD
and SDM licenses) request, located at 27821 Seven Mile Road
(South side of Seven Mile Road between Floral and Deering
Roads). This is a business that is already in operation at the
corner of Seven Mile and Floral. They are attempting to move
to Seven Mile and Deering. We have no objection or
recommendations to the plans as submitted as long as they
comply with: (1) All State Laws, (2) City Ordinances, and (3)
Stipulations and conditions set by the Traffic Bureau of the
Police Department." The letter is signed by Donald E. Borieo,
Sergeant, Special Services Bureau. That is the extent of the
correspondence.
Mr. Wlshaw:
Are there any questions for the staff? Seeing none, is the
petitioner here? Please give us your name and address for the
record.
Zaid Abro, Architect, Chester Stempien Associates, 5566 Cooley Lake Road,
Waterford, Michigan 48327. I'm the designer. This is the
owner, Tom Ajja. Basically, just as Mark staled, we're trying to
move him from one end of the building to the other. From a
floor plan standpoint, the building that's highlighted, basically,
the doors and the windows are all there. We don't want to
change loo much of the facade of the building, even though the
liquor shelves are going behind those windows. We dont want
to lose that appearance, so we're proposing to the put the door
on the parking lot side and probably, as far as the windows go,
we're proposing to put some dark tinted film to hide the
backside of the shelving. That's basically R. Just what you see
is what you get.
Mr. Wilshaw:
Okay. Do we have any questions from the Commission?
Mr. Taylor:
I know you're not going to do anything to the building, but are
you going to re -do the parking lot? The parking lot is in pretty
rough shape and it's not striped.
Mr. Abro:
Definitely. Definitely. The potholes will be filled in with the
same material, which I believe is asphalt, and striped with
double lines according to the City's ordinance. For him to move
over and spend all the money inside and keep the parking lot in
August 23, 2011
25770
its current shape wouldn't make any sense. So the construction
documents will have more detail as far as the inside, the
outside. As far as the outside, there is no change except for the
door. It's going to be a brand new door to match the existing
materials on Seven Mile.
Mr. Taylor:
Through the Chair to Mark Taormina. Mark, doesn't normally
the Inspection Department take a look at that? We have
nothing from them.
Mr. Taormina:
We did not gel the report in time for tonight's meeting,
unfortunately.
Mr. Taylor:
I know they have a wooden fence in back. It's about a six foot
high wooden fence. Its not in very good shape either. I just
wondered if you're going to try to upgrade a little bit in there.
Mr. Abro:
Absolutely.
Mr. Taylor:
I have no problem with you moving from one spot to the other,
but I would like to see a bit of an upgrade if we can get it.
Mr. Abro:
There would be no objections from our side as far as upgrading
the properly. Absolutely.
Ms. Krueger:
Do you plan on moving the sign that you currently have to this
new building or do you have plans on having a new sign?
Mr. Abro:
I didn't pay close attention to that sign. It's up to Tom. Is it a
box sign, your sign on the existing building? Are you going to
put up a new sign?
Thamer Ajja, 4788
Bloomfield, Sterling Heights, Michigan 48310. Yes, we can
do a sign.
Mr. Abro: We'll go in accordance with the ordinance for signage. It's a
brand new store. The old store is not the most attractive
building. I didn't pay attention to the sign, but most likely a new
sign, channel letters, or something with possibly goose neck
lights, something like that.
Ms. Krueger: Okay. I know this doesn't directly relate to your request, but I'm
just curious. Do you plan on having any L.E.D. lights?
Mr. Abro: On the windows?
Ms. Krueger: Open signs or liquor sold here. Anything like that?
August 23, 2011
25771
Mr. Abro:
In accordance with the code, I'm sure he's going to want an
open sign. I dont know about liquor. I'm guessing if he puts up
a box sign or a channel letter in accordance with the code, it will
have all that information on there. I know you don't want those
unattractive green signs. No, that's not going to go. He is going
to spend enough money. He will have an open sign because
you need it for hours, that sort of thing. Those are usually
combined. But on those windows in the front, we don't propose,
as of right now, to put any kind of signage on there. Like I said,
just an open sign, that sort of thing. It would behoove him to put
some sort of small channel letters on Seven Mile because
everyone driving east won't be able to see the business
basically.
Ms. Krueger:
Okay. Thank you.
Mr. Taormina:
Does your client currently lease the premises where he's
located?
Mr. Abro:
Yes.
Mr. Taormina:
Will he be the owner of this property?
Mr. Abro:
Yes.
Mr. Taormina:
The other buildings, I see one has a tenant and the other one is
currently empty. Is there any plans to utilize that space?
Mr. Abro:
No. Not for the store. If he gets a tenant, then yes. Still,
depending on the tenant, obviously, there are issues of parking
and that sort of thing. As of right now, that is empty and
remains so until someone rents the space.
Mr. Taormina:
Do you propose public access from the rear of this building?
Mr. Abro:
For all tenants?
Mr. Taormina:
No, to this space here.
Mr. Abro:
To this space?
Mr. Taormina:
Is that a public access point off the south side of the building?
Mr. Abro:
That's for egress.
Mr. Taormina:
That's egress only.
August 23, 2011
25772
Mr. Abro: Actually, that's not even required.
Mr. Taormina: That won't be for the public, then?
Mr. Abro: No.
Mr. Taormina: The public will not be able to use R.
Mr. Abro: For a liquor store, especially.
Mr. Taormina: That was the reason for my question. Lastly, while I agree the
building is in better shape than where he's currently located, it's
not really as visible as the current location, party because of the
landscaping that exists out front. There are actually some nice
trees out there, but I can see where they would affect the
visibility of the store. Does your client have any plans to modify
those trees, because that's something we typically look at as
part of the plan review process.
Mr. Abro:
Sure. We really haven't got into depth with that because I know
the trees are there. Do you plan on keeping those trees in the
front? There are about three trees in the front. It does obstruct
the store from the front. It's kind of overgrown. Would it be a
problem if we removed the trees and plant smaller evergreens
or something that is not as obstructive as the existing trees?
Mr. Taormina:
Mr. Chairman, I would recommend as part of any resolution that
would approve this request, a condition be added that would
require the submittal of a landscape plan at least for the
Department's review prior to any modifications being made to
the landscaping, and then compliance with whatever the
Inspection Department requires as part of their report, which,
unfortunately, we don't have this evening, but issues like the
parking lot and those things would be important to include in the
resolution .
Mr. Wlshaw:
Mr. Taormina, this is the only shot we have at this one, right?
Its not going to come back.
Mr. Taormina:
That's correct.
Mr. Wlshaw:
So it's important that we address some of these issues in this
resolution tonight then. Very good.
Ms. Scheel:
In that same vein, Mark, what about the signs that Mrs. Krueger
brought up?
August 23, 2011
25773
Mr. Taormina:
I don't know if those were included in our language or not in
terms of L.E.D. signage. Let's see.
Ms. Scheel:
If they put a new sign on the building, is that something that can
go through just the Administration or would it have to come back
to us?
Mr. Taormina:
In this case, it could be approved administratively unless it
required a variance, and then it would have to go to the Zoning
Board of Appeals.
Ms. Scheel:
Okay. Because I'd feel better if at least the Administration
looked at the sign request also in the same realm that you're
suggesting for the landscaping.
Mr. Taormina:
We can add a condition that addresses that issue.
Ms. Scheel:
Okay. Thank you.
Ms. Smiley:
On that same note, the lighting in the front of the building, that
would be part of the landscaping signage and lighting would be
like a three prong package that they have to bring back.
Mr. Taormina:
You could do that if you wanted to include that. You're referring
to if he adds any sconces or lighting. Yes. Sure.
Ms. Smiley:
Okay. And that could all be approved by your Department so it
doesn't have to go through this again?
Mr. Taormina: It could be.
Ms. Smiley: Okay. Thank you.
Mr. Wilshaw: What are the hours of operation right now? I assume they're
going to stay the same.
Mr. Ajja: Monday from Thursday, 10:00 a.m. to 10:00 p.m. From Friday
to Saturday, from 10:00 a.m. to 11:00 p.m. On Sunday, 12:00
p.m. until 8:00 p.m.
Mr. W lshaw: Are you proposing to put any additional lighting in the parking lot
for evening hours?
Mr. Ajja: Yes, until about 1:00 a.m.
August 23, 2011
25774
Mr. W lshaw:
Okay. Are those lights existing already or are you going to add
lights to the parking lot?
Mr. Abro:
Around the building and the parking lot, and wall packs in the
back because it's dark back there and we have the fence and
everything else.
Mr. Wilshaw:
Are you going to be able to adjust those in a way that it doesn't
shine into the neighbors directly behind there.
Mr. Abro:
The wall packs have shields and there are no neighbors on the
parking lot side, but they will be pointed in a direction where
they won't go beyond the sidewalk.
Mr. Wilshaw:
Okay. Are there any other questions? Is there anybody in the
audience that wishes to speak for or against this item? Sir,
would you like to come up and give us your name and address?
Fred Mufarreh:
I live in Livonia. I'm the owner of the subject building. Those
people when they came and bought my building, they got a
lease to slay in it. All of a sudden, they refuse to stay in it and
they just want to move the license somewhere just to gel the
license and move over there. They use the license like a toy.
That's what they did for me now. The building has been there
for 50 years and we have the liquor there. It's a nice looking
building. Everything works okay. They came there and signed
a lease for a couple years and now leave the building empty.
That's not fair for the area. It's not fair for anybody else. I'm
against that all the way. That's what I feel about it. This is not
right to do. They have an option on the lease and they refuse to
renew it. That wasn't right to lake a liquor license and to do with
R what you want to. That's not fair.
Mr. Wilshaw:
You're the owner of the current building that they're in, right?
Mr. Mufarreh:
Yes. I'm the owner for the current building. I just feel bad that
something like that could happen.
Mr. Wlshaw:
All right. Okay. Is there anything else? I appreciate your
comments, sir. Thank you. Does the petitioner have anything
else that they would like to add at this point? Are you all right
with no more comments?
Mr. Aga:
I've been five years there. The building is in very bad shape
and every time I call him, I tell him, you know, the roof is
leaking. He said, okay, okay. And I tell him his back room,
water is coming. Come and fix it. He said, okay, okay. When
August 23, 2011
25775
rain is coming up, I get flooded inside. Now, lately, I tell him last
winter, my wife called him and she told him, the heat is not
working. He said, this is not my problem. You go ahead and fix
it. When I talked to him the other day, he said the heat isn't
new. When I call somebody and he said the heat has been a
long time, and every time I say something to him, he said, okay.
He never do anything. The roof is leaking and it's in bad shape
and he got somebody come and look at it, you know, especially
in the rain, you know. The water goes in, and that's the only
thing I can say.
Mr. Wilshaw:
All right. We appreciate it. Thank you very much.
Ms. Scheel:
Mr. Taormina, I just wanted to double check. He is leasing
where he is now, but where he is moving to, he is buying the
building. Correct?
Mr. Taormina:
He responded affirmatively to that.
Ms. Scheel:
You are buying the building that you are going to right now?
Mr. Ajja:
Yes.
Ms. Scheel:
Okay. Soyou will bethe ownerthen?
Mr. Abro:
He will be the owner. Correct.
Ms. Scheel:
Okay. Thank you. I just wanted to double check that.
Mr. Wilshaw:
Does anyone else have any questions? I will close the public
hearing. A motion would be in order at this point.
On a motion by Smiley, seconded by Taylor, and unanimously adopted, it was
#0845-2011
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on August 23, 2011, on
Petition 2011-07-02-09 submitted by Thamer Ajja requesting
waiver use approval to utilize an SDM liquor license (sale of
packaged beer and wine) and an SDD liquor license (sale of
packaged spirits over 21% alcohol) in connection with a party
store (James Party Store) at 27821 Seven Mile Road, located
on the south side of Seven Mile Road between Inkster Road
and Harrison Avenue in the Northeast 1/4 of Section 12, which
property is zoned C-1, the Planning Commission does hereby
recommend to the City Council that Petition 2011-07-02-09 be
approved subject to the following conditions:
August 23, 2011
25776
1. That the proposed use of an SDD and SDM liquor license
at this location 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 public access to SDD products shall be restricted, as
stipulated in Section 10.03(8)(4) of the Zoning Ordinance;
3. That the petitioner shall be in compliance with all items as
may be specified by the Inspection Department, including
exterior lighting, landscaping, signage, parking, and repairs
to the fence;
4. That the petitioner shall submit any changes involving the
exterior lighting, landscaping, signage, fencing and parking
to the Planning and Inspection Departments for approval;
5. That no LED lighthand or exposed neon shall be permitted
on this site including, but not limited to, the building or
around the windows; and
6. 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;
Subject to the preceding conditions, this petition is approved for
the following reasons:
1. That the proposed use complies with all of the general
waiver use standards and requirements as set forth in
Section 19.06 of the Zoning Ordinance #543;
2. That the subject site has the capacity to accommodate the
proposed use;
3. That the proposed use is compatible to and in harmony
with the surrounding uses in the area; and
4. That the granting of this petition will not increase the
number of SDM and/or SDD liquor licenses in the City of
Livonia.
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?
August 23, 2011
25777
Ms. Smiley: I would also like to add that they will be in compliance with all
things as pointed out by the Inspection Department, including
but not limited to the parking lot, landscaping and signage, and
that they will come back to the Planning Department regarding
the landscaping, signage and lighting.
Mr. Taylor: Mark, should we put in the no L.E.D. and neon lights?
Mr.
Taormina:
Sure.
Mr.
Wilshaw:
Ms. Smiley, did you have any additional comments?
Ms.
Smiley:
No, as long as that's coming back about the lighting, signage,
landscaping and the parking lot, which I assume is under
compliance with the Inspection Department.
Mr.
Wilshaw:
Yes. And you're okay with the addition of the no L.E.D. lights?
Ms.
Smiley:
Absolutely.
Mr.
Wilshaw:
Very good. Is there any other comments? Mr. Taormina, do
you have everything?
Mr.
Taormina:
I think we do, yes.
Mr.
Bahr:
Do we need to include the fence provision in there as well?
Mr.
Wilshaw:
That's probably a good idea. Yes. Mr. Taylor noted that it was
in disrepair.
Ms.
Scheel:
Is that something that can go through the Administration also?
Mr.
Wilshaw
I believe so. Mr. Taormina, can you comment on that?
Mr.
Taormina:
If that just involves repairs to the fence, yes.
Mr.
Wilshaw:
Is that okay with the maker and supporter?
Ms.
Smiley:
Thalfine.
Mr.
Taylor:
I have no problem with it. I'm just wondering, Mark, that's
probably been grandfathered in. It might have went to the
Zoning Board originally, but I'm not loo sure of that because
that's a long time ago.
August 23, 2011
25778
Mr. Taormina: I think the alley still exists behind the store where he's currently
located, but it was probably vacated where it abuts his property.
I'm guessing that's the fence that was in existence at the time
that the alley was vacated.
Mr. Taylor: Thankyou
Mr. Wilshaw, Acting Chairman, declared the motion is carried and the foregoing
resolution adopted. It will go on to City Council with an
approving resolution.
ITEM #4 PETITION 2011-07-02-10 TIME OUT BAR & GRILL
Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2011-
07-02-10 submitted by Lone Pine Corral, Inc. requesting waiver
use approve for an outdoor dining patio (seasonal sealing) in
connection with a full service restaurant (Time Out Bar & Grill)
at 36480 Plymouth Road, located on the north side of Plymouth
Road between Levan Road and Newburgh Road in the
Southwest 1/4 of Section 29.
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. Taormina: In 1983, Silverman's restaurant, which was previously located
here, was expanded to accommodate a total of 78 customer
seals. Last year, Time Out Bar & Grill obtain a Class C liquor
license with a submitted seating plan that showed a total of 78
customers seats, which was in compliance with that 1983
waiver use. Time Out Bar & Grill is classified as a full service
restaurant because it has more than 30 seats. The interior
sealing, in connection with this proposal, would remain at 78.
What they propose to do is to expand the seating by
constructing an outdoor dining patio. That patio would have an
additional 36 seals, which would bring the total up to 114 for
seasonal purposes. This does affect the parking. The required
parking would be 55 spaces. There are 39 spaces required for
the interior seats. Twelve additional parking spaces would be
required for the 35 additional seasonal seats. With four or five
employees, that brings the total up to 55 spaces. On site, they
have 39 parking spaces. This would be deficient in terms of
parking and would require ultimately the approval of the Zoning
Board of Appeals prior to moving forward. The patio location is
in front of the building that faces Plymouth Road. It's on the
west properly line. This is an area that is currently maintained
August 23, 2011
25779
with landscaping. The patio would measure about 540 square
feet in area. Its overall dimensions are 15 feel in width by 36
feel 9 inches in depth. It would be enclosed by a 36 inch high
wrought iron fence. We have some photographs that show
what that fence would look like. There would be a covered
aluminum awning over a portion of the patio. That would project
about 21 feel from the front of the building and would cover that
portion of the patio. The proposed patio is rectangular in shape,
This would be a concrete patio. An access door would be
provided to the patio from the interior of the restaurant located in
the southeast comer. There are some additional plantings that
would be installed along the eastern edge of the proposed patio.
In terms of landscaping, the ordinance requires a minimum of
15 percent of the total site area to be landscaped. This site is
presently deficient. It's about 9 percent. With the construction
of the patio, that would reduce that by a couple more
percentage points to about 7 percent. That is something that
would require special approval by the Planning Commission and
the City Council to eliminate the additional landscaping. We
would note, however, that when the petitioner came before you
for the Class C liquor license, it was requested that the
Petitioner make some improvements to the landscaping along
the frontage. They have done that by installing some of the
slreetscape improvements similar to what the Plymouth Road
Development Authority has done along Plymouth Road, which
includes the brick piers and fencing and other landscaping
elements. They have done that at the entrance to the
restaurant. As far as the setback is concemed, the ordinance
does require that there be a 60 foot front setback. This would
apply to the building as well as the patio. Because the building
is currently setback right at 60 feet, any projection closer to
Plymouth Road would encroach into that required setback and
require a variance from the Zoning Board of Appeals. They are
not proposing any other changes to the exterior of the building
as it relates to this patio other than the additional awning.
Thank you.
Mr. Wilshaw: I do believe we have some items of correspondence if you want
to read those.
Mr. Taormina: There are four items of correspondence. The first dem is from
the Engineenng Division, dated August 17, 2011, which reads
as follows: "In accordance with your request, the Engineering
Division has reviewed the above -referenced petition. The
outdoor patio construction will not include any work within right-
of-way or easements. The legal description included is correct,
and the address is confirmed to be 36480 Plymouth Road. We
August 23, 2011
25780
trust this provides you with the requested information." The
letter is signed by Kevin G. Roney, P.E., Assistant City
Engineer. The second letter is from the Livonia Fire & Rescue
Division, dated August 15, 2011, which reads as follows: "This
office has reviewed the site plan submitted in connection with a
request for waiver use approval for an outdoor dining patio
(seasonal seating) in connection with a full service restaurant on
property located at the above -referenced address. 1 have no
objections to this proposal." The letter is signed by Ead W.
Fesler, Fire Marshal. The third letter is from the Division of
Police, dated August 9, 2011, which reads as follows: "1 have
reviewed the plans in connection with the petition. 1 have no
objections to the proposal." The letter is signed by John Gibbs,
Sergeant, Traffic Bureau. The fourth letter is from the
Inspection Department, dated August 10, 2011, which reads as
follows: "Pursuant to your request, the above -referenced
petition has been reviewed. The following is noted. (1) The
proposed 36 additional patio seats would require 12 additional
parking spaces. The petitioner has no additional parking
available so would require a variance from the Zoning Board of
Appeals for the 12 spaces. (2) The required front yard setback
is 60 feet. The petitioner would require a variance from the
Zoning Board of Appeals for any part of the patio within the 60
foot setback. This Department has no further objections to this
petition." The letter is signed by Alex Bishop, Director of
Inspection. That is the extent of the correspondence.
Mr. Wilshaw:
Are there any questions for the staff?
Ms. Krueger:
Mark, did your department have an opportunity to speak with
the Fire Marshal specifically about the outdoor barbeque grill?
Mr. Taormina:
Yes. They indicated to my staff that it would have to be at least
10 feel from the building. There doesn't appear to be any
problem with the setback. I think they're going to have some
issues and I think they have to address this with the petitioner
relative to how the barbeque is covered, what the clearance is,
and what the material of the canopy is. So those are issues that
they will have to resolve, but in terms of separation from the
building, this plan would appear not to present any problems or
limitations.
Ms. Krueger:
Okay. Thank you.
Mr. Wilshaw:
Is the petitioner here this evening? Is there anything you'd like
to add to the presentation?
August 23, 2011
25781
Danilo Josifoski, 37630 Plymouth, Livonia, Michigan 48150. The reason we
want to build a patio outside the bar is because the customers
are looking to go outside and dine out. At the same time, I think
it's very nice for the Plymouth Corridor. When people are
driving by, they want to see people dining outside. And having
the barbeque machine outside, I think, is going to create a
smoke which is the main purpose of it. It would be great in the
summer for graduation parties with dining, renting that spot. It
would increase our business. And that canopy is going to be the
same material as the existing one, and we're going to try to do
the best we can.
Mr. Wilshaw:
Do you know how you're going to vent the barbeque area?
Mr. Josifoski:
There is going to be a small hood above it so that way the
smoke is going to go in the hood and there's going to be
stainless steel ductwork going up like a chimney. In effect, we'll
be inside because it's going to be covered, so we don't want
that.
Mr. Wilshaw:
Okay. Are there any questions from the Commission?
Ms. Krueger:
As you're aware, there is a significant parking deficiency. Have
you considered removing a few seats from the patio and
reducing the size to reduce the deficiency in parking?
Mr. Josifoski:
There is going to be an exit door from the building toward the
patio, which is going to be on the east side of the building.
Right at that location inside we have a six lop table. So that
table is going to be removed during the summer months. So
that way there's going to be six seals less for inside. By the
same token, I can say right now, I want to put five tables out.
So I can satisfy you. Five tables, 20, and we're going to pull
them out. The thing is, we have 40 parking spaces. Once the
parking spaces are full up, that's about it. I don't know where
people are going to be parking.
Ms. Krueger:
But you still have to respect the ordinance.
Mr. Josifoski:
I understand that. I'm an honest person. I'm not saying that.
I'm saying I can remove six tables with six chairs from inside,
and if you want me to remove more, I can remove another two
tables. I dont have that problem.
Ms. Krueger:
Okay, but you're not willing to consider reducing the size of the
patio?
August 23, 2011
25782
Mr. Josdoski:
I spoke with Mark, and Mark suggested that we should reduce
the patio by seven feel. I agree with that if that's going to satisfy
the Planning Commission and the Zoning. Instead of being 21
plus 15.9, its going to be 21 plus 8 feel. Its still going to be 29
feet.
Ms. Krueger:
Okay. Thank you. I have a follow-up question for Mark, then.
Is that something that has been done in the past, where they
reduce the number of seats during the summer time when the
patio is open and then increase it again to satisfy the parking
requirement?
Mr. Taormina:
It hasn't been done that often. I think we just recently had this
discussion with another restaurant on a much smaller scale. It
was the Biggby restaurant where it was thought they could
transfer some of the seating to the outside during the summer
months and then move them back in during the colder months.
We prepared the resolution in such a way that it would require a
30 fool setback for the patio and limit the seating to 28 outside
and not really impact the interior seating. He had indicated that
he is going to have to remove at lead one table in order to
accommodate the patio. That would have the net effect of
reducing it by 6 interior seats and I think it was 8 outside patio
seats. He is still going to be over the amount of seating. He still
is not going to have adequate parking, but that would lessen the
degree of the parking van ance needed.
Ms. Krueger:
Okay. Thank you.
Ms. Smiley:
My concern is the setback to Plymouth Road and the lack of
landscaping. We're already deficient and we're looking at
increasing the deficiency. We have a 60 feet setback right now.
Mr. Taormina:
The building is current setback 60 feel. So the plan you're
looking at shows the patio extending out 36 feet 9 inches. We
would cul that back by roughly seven feel in order to give him a
little bit more landscaping, increase the setback and reduce the
encroachment into the setback.
Ms. Smiley:
So he's still going to need a variance.
Mr. Taormina:
He still needs a variance, absolutely.
Ms. Smiley:
More than half of the setback is going to be eaten up with the
patio.
Mr. Taormina:
That is correct.
August 23, 2011
25783
Ms. Smiley:
As a Commissioner, I think they still have a problem with that.
Thankyou, Mr. Chair.
Mr. Taylor:
I think the petitioner is right. Everyone likes to sit outside in the
summer and we dont have that much of it. So they would like
to enjoy it when they can. I do agree with setting it back farther,
though. I think you can gel more landscaping in and it reduces
your parking requirements. I think its going to help you. The
setback is still not as large as it should be, but I think if you put
more landscaping in there and buffer it off so you don't see the
cars going by all the time either. But I think what Mark has
proposed is workable and its a good compromise.
Mr. Wilshaw:
Anything else, Mr. Josifoski?
Mr. Josdoski:
I just want to add one thing. It's like you're living in a 1,000
square feet house. The next thing, you're living in a 3,000
square feet house. The next thing you know, you say, well,
we're only two people. Its loo big, 3,000 square feel. We're
going to move into a 1,000 square feel house. Once you move
in a 1,000 square feel house, it's less cleaning, less
maintenance, less everything. The point I'm trying to make here
is we used to run a 300 seat restaurant. I'm not trying to make
this place 300 seats. I don't want it. The thing is, the more
sealing capacity you have, the more people, the more people
you have to employ, the number of problems you have. We're
trying to ran a small operation here. Thats all I have to say.
We're trying to improve the building and the looks from outside,
bring more people in for the patio. I don't think anything is going
to change more. That's all I have to say.
Ms. Smiley:
What will the new seating capacity be in the patio?
Mr. Taormina:
Twenty-eight.
Ms. Smiley:
Okay. Thank you.
Mr. Wilshaw:
I don't see anybody else in the audience to address us. I will
close the public hearing. A motion would be in order.
On a motion by
Scheel, seconded by Krueger, and unanimously adopted, it was
#0846-2011
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on August 23, 2011, on
Petition 2011-07-02-10 submitted by Lone Pine Corral, Inc.
requesting waiver use approve for an outdoor dining patio
August 23, 2011
25784
(seasonal seating) in connection with a full service restaurant
(Time Out Bar and Grill) at 36480 Plymouth Road, located on
the north side of Plymouth Road between Levan Road and
Newburgh Road in the Southwest 1/4 of Section 29, which
property is zoned C-2, the Planning Commission does hereby
recommend to the City Council that Petition 2011-07-02-10 be
approved subjectlolhe following conditions:
1. That the Plan received by the Planning Commission on
July 28, 2011 is hereby approved and shall be adhered to,
except for the fact that the setback of the patio shall be a
minimum of thirty (30') feet from the right-of-way of
Plymouth Road;
2. That the landscape materials indicated on the approved
Plan shall be installed to the satisfaction of the Inspection
Department and thereafter permanently maintained in a
healthy condition;
3. That the maximum number of customer seats shall not
exceed a total of one hundred six (106) seats, including
seventy-eight (78) interior seals and twenty-eight (28)
outdoor patio seats;
4. That this approval is subject to the petitioner being granted
variances from the Zoning Board of Appeals for deficient
front yard setback and deficient parking and any conditions
related thereto;
5. That no advertising shall be permitted on any of the seating
apparatus of the outdoor patio area; and
6. That the specific plans referenced in this approving
resolution shall be submitted to the Inspection Department
at the time the building permits are applied for.
Subject to the preceding conditions, this petition is approved for
the following reasons:
1. That the proposed use complies with all of the general
waiver use standards and requirements as set forth in
Section 19.06 of the Zoning Ordinance #543; and
2. That the proposed use is compatible to and in harmony
with the surrounding uses in the area.
August 23, 2011
25785
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, Acting Chairman, declared the motion is carded and the foregoing
resolution adopted. It will go on to City Council with an
approving resolution.
ITEM #5 PETITION 2011 -08 -LS -10 SALE OF CITY -OWNED
PROPERTY
Ms. Scheel, Secretary, announced the next item on the agenda, Consideration of
Real Property Disposal submitted by David S. Lent, pursuant to
Section 3.05.050 of the Livonia Code of Ordinances, City
Properly Disposition, requesting to purchase City -owned
property at 36413 Parkdale Avenue, located on the south side
of Parkdale Avenue between Levan Road and Raleigh Avenue
in the Northwest 1/4 of Section 32.
Mr. Taormina: Before the City can sell any properly that it owns to a private
entity, the matter must first be referred to the Planning
Commission as to whether or not the City should dispose of the
property and for the Planning Commission's advice as to
whether there are any other plausible allemative uses of the
property. This is a request by David Lent to purchase City -
owned property that is located adjacent to the properly where
he resides, which is on Parkdale Avenue between Levan and
Raleigh Avenue. The property in question constitutes Lot 15 of
Shatfmaster's Parkside Estates Subdivision. The zoning of the
property is RUF. The size is about a quarter of an acre with 75
feel of frontage on Parkdale and has a depth of about 141 feel.
As I indicated, Mr. Lent owns the adjacent properly west of the
subject parcel at 36421 Parkdale and he would like to purchase
this land and combine it with his property. Mr. Lent's properly is
currently about the same size, .22 acres. Combining this would
bring the overall size of the property to just under half an acre.
So while it would still not conform to RUF standards, it would
substantially reduce the degree of nonconformity. One thing to
note is this property is essentially bifurcated by a 72 -inch storm
sewer that runs right through the center of the properly from the
front to the rear where it continues west, and then eventually
discharges into the Middle Branch of the Rouge River. The
green area shown on this plan is actually part of the middle
Rouge Parkway or Hines Parkway and that storm sewer runs
right through the center of this City -owned properly and then
August 23, 2011
25786
where it outlets a Iit8e bit further to the south and west. For this
reason the Engineering Division is taking a close look at this.
They will spell out exactly what must be done in order to protect
the City's interests with respect to that sewer, including
conducting a survey and performing inspections, as well as
recording any easements ultimately that would be necessary in
order to maintain that storm sewer. Thank you.
Mr. Wilshaw:
I believe there is no correspondence on this item.
Mr. Taormina:
No. There is not.
Mr. Wilshaw:
There is nobody in the audience to speak to this item. Are there
any questions from the Commission?
Mr. Taylor:
Through the Chair to Mark Taormina. Mark, was the petitioner
asked to come to this meeting?
Mr. Taormina:
I think we sent notice to him advising him of the meeting. I'm
not sure if any direct contact was made other than that.
Mr. Taylor:
I know at our study we were curious as to why he wanted the
property, but obviously we're not going to get that answer.
Mr. W Ishaw:
Is there any further discussion? We'll ask for a motion.
On a motion by Bahr, seconded by Smiley, and unanimously adopted, it was
#0847-2011
RESOLVED, that in connection with a request submitted by
David S. Lent, pursuant to Section 3.05.050 of the Livonia Code
of Ordinances, City Properly Disposition, requesting to purchase
City -owned properly at 36413 Parkdale Avenue, located on the
south side of Parkdale Avenue between Levan Road and
Raleigh Avenue in the Northwest 114 of Section 32, the Planning
Commission has no objections to the sale of vacant City -owned
property located at 36413 Parkdale Avenue to David S. Lent
(owner of the adjacent property at 36421 Parkdale Avenue) for
a fair -market value, subject to the recording of the necessary
utility easement(s) as prescribed by the Engineering Division,
and pursuant to adopted policies and ordinances involving such
transactions; further, this recommendation is based on a
determination that there is no plausible alternative use for the
property, and no compelling reason exists to delay the sale of
the properly as requested.
Mr. Wilshaw,
Chairman, declared the motion is carried and the foregoing
resolution adopted.
August 23, 2011
25787
ITEM #6 APPROVAL OF MINUTES 1,012" Public Hearings and
Regular Meeting
Ms. Scheel, Secretary, announced the next item on the agenda, Approval of the
Minutes of the 1,012'" Public Hearings and Regular Meeting
held on July 19, 2011.
On a motion by Taylor, seconded by Scheel, and unanimously adopted, it was
#0848-2011 RESOLVED, that the Minutes of 1,0121" Public Hearings and
Regular Meeting held by the Planning Commission on July 19,
2011, are hereby approved.
A roll call vole on the foregoing resolution resulted in the following
AYES:
Taylor, Scheel, Bahr, Smiley, Krueger, Wilshaw
NAYS:
None
ABSENT:
Morrow
ABSTAIN:
None
Mr. Wilshaw, Acting Chairman, declared the motion is carried and the foregoing
resolution adopted.
On a motion duly made, seconded and unanimously adopted, the 1,013'" Public
Hearings and Regular Meeting held on August 23, 2011, was adjourned at 8:06
p.m.
CITY PLANNING COMMISSION
Lynda L. Scheel, Secretary
ATTEST:
Ian Wilshaw, Acting Chairman