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HomeMy WebLinkAboutPLANNING MINUTES 1993-06-22 12875 MINUTES OF THE 666th REGULAR MEETING AND PUBLIC HEARINGS I ' HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF j LIVONIA On Tuesday, June 22, 1993, the City Planning Commission of the City of Livonia held its 666th Regular Meeting and Public Hearings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Jack Engebretson, Chairman, called the meeting to order at 7:30 p.m., with approximately 20 interested persons in the audience. Members present: Jack Engebretson R. Lee Morrow James C. McCann Brenda Lee Fandrei William LaPine Raymond W. Tent Robert Alanskas Messrs. John J. Nagy, Planning Director; H. G. Shane, Assistant Planning Director, and Scott Miller, Planning. Technician, were also present. Mr. Engebretson informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission only makes a recommendation to the City Council who, in turn, will hold its own public hearing and decide the question. If a petition involves a waiver of use request and the request is denied, the petitioner has ten days in which to appeal the decision to the City Council; otherwise the petition is terminated. The Planning Commission holds the only public hearing on a preliminary plat and/or a vacating petition. Planning Commission resolutions become effective seven days after the resolutions are adopted. The Planning Commission has reviewed the petitions upon their filing and have been furnished by the staff with approving and denying resolutions. The Commission may use them or not use them depending upon the outcome of the hearing tonight. Mr. Mr. McCann, Secretary, announced the first item on the agenda is Petition 93-5-1-6 by the City Planning Commission, pursuant to Council Resolution #20-93, proposing to rezone land within the Argonne and the Argonne Annex Subdivisions, located west of Inkster Road and north of Pembroke Avenue in the Northeast 1/4 of Section 1 from RUF to R-1. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have received a letter from the Engineering Department stating their office would have no objections to this rezoning proposal. We have also received a letter from Gerald Reetz and wife who live at 19933 St. Francis. They state they are long time residents and wish their land to stay this way. Mr. Engebretson: Since this came to us from the City Council for this action, Mr. Nagy would you please give us a brief description of what they may have had in mind when they directed us to hold this public hearing. \.. 12876 Mr. Nagy: The City Council had occasion to look at the area in connection with one or more lot splits and lot combination requests that occurred within the subject area for additional housing. In examining those lot splits, of course, they look at the existing zoning that is established within the area. This zoning classification being RUF is a rural urban farm classification and requires minimum lot sizes of 1/2 acre or an area of 21,780 square feet. Due to the fact that the area is an old plat, platted way back in township days with the lots being platted at the 40 foot width classification, none of the lots meet the RUF zoning classification. I should tell you that the RUF zoning really came about back in the township days under the predecessor ordinance of ##543. Ordinance i#60 did allow for residential lots less than 1/2 acre in established RUF zoned areas. The Zoning Ordinance #543, which was adopted in 1965, did not carry forward that exemption so therefore these lots, upon adoption of #543 in 1965, all became non-conforming. That is, they were lawfully platted, lawfully zoned, lawfully built upon back in township days under the predecessor ordinance but due to the fact we now have a different zoning classification and a different ordinance in effect, they are non-conforming. The Council is really asking the Planning Commission to see whether or not that area should or should not be rezoned to a zoning classification so as to make the zoning more commensurate with and more appropriate with the established lot sizes. That is the purpose for this hearing to hear public comment whether or not to go forward with that. Due to the fact that the lots were platted at 40, even under our present Zoning Ordinance ##543, in the R-1 zoning classification, which we are proposing, the minimum lot size is 60 feet so we cannot make all of the lots conform even to R-1. That is the best we can do because that is the smallest that we allow under #543. There will still be a lot `'m. of non-conforming lots left even if we go forward with this proposal. Mr. Engebretson: Mr. Nagy, would you also comment on what would the advantages or disadvantages be to the homeowners in this area if this proposal were adopted. Mr. Nagy: The advantage is to have a zoning classification that is appropriate for the size of the lots so as to eliminate the non-conforming status. When you have non-conforming lots, every time you would want to build or alter your home, whatever would necessitate an addition or expansion to your dwelling, when you go in to apply for a building permit the City Inspection Department would immediately determine that you are a non-conforming lot. Therefore, you would likely end up having to go to the Zoning Board of Appeals. With a conforming lot you are saved that step. You avoid that technical classification of being non-conforming or non-complying with the established residential zoning of the area. Mr. Engebretson: Thank you Mr. Nagy. Are there any questions or comments? Mr. Alanskas: The letter you received, what size is their lot? Mr. Nagy: They indicated they have two lots with a total of 80 by 136 feet. 12877 Mr. Engebretson: We will go to the audience to see if there is anyone wishing to speak for or against this proposed zoning change. There was no one present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 93-5-1-6 closed. On a motion duly made by Mr. LaPine, seconded by Mr. Morrow and unanimously approved, it was #6-127-93 RESOLVED that, pursuant to a Public Hearing having been held on June 22, 1993 on Petition 93-5-1-6 by the City Planning Commission, pursuant to Council Resolution ##20-93, proposing to rezone land within the Argonne and the Argonne Annex Subdivisions, located west of Inkster Road and north of Pembroke Avenue in the Northeast 1/4 of Section 1 from RUF to R-1, the City Planning Commission does hereby recommend to the City Council that Petition 93-5-1-6 be approved for the following reasons: 1) That the proposed R-1 zoning district more nearly reflects the prevailing lot sizes in the area. 2) That the proposedchange of zoning provides a more reasonable and compatible zoning district for the subject area. 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. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. "wowMr. McCann, Secretary, announced the next item on the agenda is Petition 93-5-1-8 by John Carlesimo, Carlesimo Products Inc. , requesting to rezone property located south of Eight Mile Road between Merriman Road and Milburn Avenue in the Northwest 1/4 of Section 2 from R-3 to R-2. Mr. Engebretson: We have a letter from the petitioner which reads as follows: "Carlesimo Products, Inc. wishes to withdraw its petition 93-5-1-8 requesting to rezone property located south of 8 Mile Road between Merriman Road & Milburn Ave. in the Northwest 1/4 of Section 2 from R-3 zoning to R-2. We apologize for the concern & time spent on this petition." That was signed by John Carlesimo, President of Carlesimo Products, Inc. On a motion duly made by Mr. Morrow, seconded by Mr. Tent and unanimously approved, it was X66-128-93 RESOLVED that, pursuant to a Public Hearing having been held on June 22, 1993 and pursuant to receiving a letter dated June 21, 1993 from John Carlesimo, Carlesimo Products, Inc. requesting that Petition 93-5-1-8 by John Carlesimo, Carlesimo Products Inc. , requesting to rezone property located south of Eight Mile Road between Merriman Road and Milburn Avenue in the Northwest 1/4 of Section 2 from R-3 to R-2 be withdrawn, the City Planning Commission does hereby concur in that request and declares that Petition 93-5-1-8 is hereby withdrawn. 12878 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. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Petition 93-5-2-11 by Dewain A. Diacono requesting waiver use approval to operate an auto repair and bump shop facility in an existing building located on the west side of Merriman Road between Plymouth and the C & 0 Railroad right-of-way in the Southeast 1/4 of Section 27. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have received a letter from the Engineering Department stating due to the grading and right-of-way requirements associated with the impending Merriman Road grade separation, it appears that driveway access will be required off Enterprise Drive rather than Merriman Road. This matter is currently being studied in conjunction with the preparation of the construction plans for the grade separation program. We have also received a letter from the Fire Marshal's office stating their office has no objection to this proposal. Also in our file is a letter from the Traffic Bureau stating the police department has no objection to the site plan as submitted. Lastly, we have received a letter from the Ordinance Enforcement Division stating the following deficiencies or problems were found: 1. There is a severe deterioration of the parking lot at the south side of the building. 2. There is some peeling paint ` ow on the shop area walls. 3. A large amount of trash and debris in the parking lot. 4. When the railroad grade separation is completed, there will not be access through the existing driveway and gate. The applicant should submit a revised site plan indicating ingress, parking layout, traffic patterns, etc. If there are plans for additional bay doors, they should be included on the revised plan. Mr. Engebretson: Would the petitioner please come forward and make whatever comments you wish to make. Dewain Diacono, 12375 Merriman: There was a little fine line I was curious on, which entrance they wanted to use the Merriman or the Enterprise? Mr. Engebretson: The Enterprise. It is our understanding when that construction occurs regarding the railroad tracks there, it is going to be difficult, if not impossible, for you to take access to Merriman Road but we think you would be well served by taking access by the drive to the south. Mr. Diacono: I don't see that being a problem. I was in the City Engineering Department this afternoon talking with a gentleman. If you put a 5% grade on the curb side going from Merriman, he said there would be no problem. They had it written on paper. I do not have a copy of that or plans here tonight. \r. 12879 Mr. Engebretson: We have the same problem. We don't know the details of that and we are not saying that we want you to move it around to the side but it looks like you may have to until we can make a determination. `'a' Mr. Diacono: That is no problem. Mr. Morrow: That was pretty much the point where I was coming from. They had the opportunity to submit a revised site plan based on the input from Engineering. Obviously they haven't. Mr. Alanskas: Mr. Diacono, would you have any problem in regards to painting that building on the outside? Mr. Diacono: No I would definitely like to put another coat of paint on it. Mr. Alanskas: How about the parking lot situation referred to. It is just gravel in the back? Mr. Diacono: It is going to be cleaned up back there. It will be asphalt. Mr. LaPine: I noticed on the site plan you have room inside your building for a number of cars. Are you going to have any outside storage of vehicles that are damaged or are all of your vehicles that are damaged going to be parked inside? Mr. Diacono: The building is surrounded with brick walls. There is an entry gate and a cyclone fence. I have five employees currently. That is about all I am going to be putting in the shop. Sometimes there may be a vehicle outside. Nos. Mr. LaPine: It will be at the north end so it cannot be seen? Mr. Diacono: Definitely. Mr. LaPine: Where is your dumpster going to be? Mr. Diacono: I am looking at it more on the northwest corner. The brick wall covers the north, west and south side of the property and there is a cyclone fence on the east side. Mr. LaPine: It is not indicated on your plans. Mr. Diacono: No it is not. Mr. LaPine: We wanted to get that on here so we know exactly where it will be. How often would you haul that stuff away? Mr. Diacono: The debris itself, I will be using most likely Waste Management for regular debris and paper products, etc. Scrap metal would most likely be three to four weeks. Mr. LaPine: Are you in this type of business right now? Mr. Diacono: Yes in Redford Township. 12880 Mr. LaPine: Are you going to keep the one in Redford? Mr. Diacono: No I am not. There was no one present wishing to be heard on this item and Mr. Engebretson, r4411. Chairman, declared the public hearing on Petition 93-5-2-11 closed. On a motion duly made by Mr. Alanskas, seconded by Mr. Tent and unanimously approved, it was #6-129-93 RESOLVED that, pursuant to a Public Hearing having been held on June 22, 1993 on Petition 93-5-2-11 by Dewain A. Diacono requesting waiver use approval to operate an auto repair and bump shop facility in an existing building located on the west side of Merriman Road between Plymouth and the C&O Railroad right-of-way in the Southeast 1/4 of Section 27, the City Planning Commission does hereby determine to table Petition 93-5-2-11 until receipt of a revised site plan. 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. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Petition 93-5-2-12 by Justin A. Kincaid requesting waiver use approval for outdoor storage and rental of U-Haul trucks and trailers on property located on the south side of Ann Arbor Road between Knolson Avenue and Hix Road in the Southwest 1/4 of Section 31. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have received a letter from the Engineering Department stating their office has .no objections to this waiver use petition. We have also received a letter from the Traffic Bureau stating the police department has no objections to the site plan as submitted. Also in our file is a letter from the Fire Marshal's office stating they have no objections to this proposal. Lastly, we have received a letter from the Ordinance Enforcement Division stating the following deficiencies or problems were found: 1. See attached violation notice of 4/27/93 to cease and desist parking and/or storing and/or renting U-Haul trailers and trucks anywhere on this property (Waiver use approval required). 2. Rental vehicles are currently being stored in the front 20' of the property. This is prohibited by Ordinance. 3. Three boats, a private utility trailer, several disabled vehicles and a semi tractor are being stored on the property. 4. Only the area in front of the building is paved. The balance of the side and rear yards are a mix of gravel, dirt and weeds. 5. Fifteen percent of the site is required to be landscaped. There is virtually no on-site landscape materials. 6. There are illegal wall signs on both the east and west building elevations. 7. The existing pole sign does not 12881 conform to the new Sign Ordinance and cannot be altered to reflect the proposed use of the property. 8. There is a long history of complaints about the use and the condition of this property. Mr. Engebretson: Is the petitioner here this evening? 'Nor The petitioner was not present. Mr. Engebretson: Is there anyone in the audience wishing to speak for or against this proposal. Clyde Holcomb, 9386 Knolson: My lot is the pie shaped one. There is a walkway and another lot between my property and the property being talked about. I think it is too small for what the guy wants. He doesn't have enough parking there to begin with. It looks like a junk yard. We were sitting in the backyard today and the fumes from a semi truck was choking us. It might affect me more than anyone else but I don't want it there. Dave Cisco, President of Dover/Arbor Neighborhood Association: You have seen me here before. I was asked to represent a couple of the homeowners that could not make it and present their side of it. I agree with the previous gentleman. My personal reaction is it would be very nice to have a truck/trailer rental agency within a close distance of my home. It would be good for me. It would be good for Livonia, but this place is a junkyard. I went over there last night. I listened to the violations that you gentlemen reported. What I found was miscellaneous cars and trucks, both in the front and the back. There is what appears to be an abandoned boat in the back, a pile of dirt, plywood, weeds, etc. I will say someone planted pansies in front of the place but other than that, the bushes are untrimmed. Maybe that is good because it hides some of the stuff. I think the people in the area are afraid of a U-Haul graveyard going in right there. I guess the reaction I have from a neighborhood association perspective is we have not called special meetings on this yet but we are more than happy to do so if this issue continues. I would be more than happy to lobby for endorsement of this if the situation is turned around 180 degrees. If this does indeed become a well-kept industrious looking business we would like to have that kind of thing in the neighborhood, but the way it is today, it is a combination junkyard and RV storage place. Unless there is significant improvement, we will be very much against it. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 93-5-2-12 closed. On a motion duly made by Mr. Alanskas, seconded by Mr. Tent and unanimously approved, it was #t6-130-93 RESOLVED that, pursuant to a Public Hearing having been held on Petition 93-5-2-12 by Justin A. Kincaid requesting waiver use approval for outdoor storage and rental of U-Haul trucks and trailers on property 12882 located on the south side of Ann Arbor Road between Knolson Avenue and Hix Road in the Southwest 1/4 of Section 31, the City Planning Commission does hereby recommend to the City Council that Petition 93-5-2-12 be denied for the following reasons: 1) That the petitioner has failed to affirmatively show that the proposed use is in compliance with the special and general waiver use standards as set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543. 2) That the proposed use fails to comply with Section 11.03(k) of the Zoning Ordinance which prohibits the parking or display of utility trailers within twenty (20) feet of the front lot line. 3) That the subject use fails to comply with Section 19.06(j) of the Zoning Ordinance which requires that at least 15% of the total area of the parcel or lot shall be landscaped. 4) That the subject site lacks the capacity to accommodate the proposed use. 5) That the proposed use is detrimental to and not in harmony with the surrounding uses in the area. 6) That this petitioner has failed to comply with at least 4 of the 7 conditions of approval as set forth in the Planning Commission and City Council resolutions in connection with Petition 72-5-2-12 which established the present auto repair use currently being operated on the subject site. '�.► 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: To the staff, has the Inspection Department got any type of a history on trying to resolve anything with this petitioner because regardless of what we do with this petition tonight, the problem still exists? I am just wondering what the track record is in trying to bring them into compliance. Mr. Shane: Yes they do have a rather involved track record. They have been working with this petitioner since the use was established on the property and for a long time now they have tried to get him to comply with the original conditions and they have been unsuccessful. Mr. Morrow: Does the staff have any idea why the petitioner did not favor us with his presence? Mr. Shane: No. He received notification so I can't explain his absence. Mr. Tent: To the staff, I see the violation notice should have been complied with by May 11, 1993. This is already June. Was there any disposition of the case at all? 12883 Mr. Shane: The violation was stayed to give him time to seek this waiver use process. If they were successful, then that would have removed that particular violation of having those U-Haul trucks and trailers parked on the site. If this is denied by yourselves and it is not appealed to the Council, then they will resurrect that L. particular violation. Mr. Tent: How long will that take? Let's say he doesn't appeal it and it doesn't go to Council, what length of time? Mr. Nagy: The Ordinance Enforcement Division would have sought compliance with a cease and desist order by the date specified on the violation notice had the applicant not filed a waiver use. If he had made no attempt to obtain the waiver use approval, the cease and desist order would have immediately gone into effect and the Inspection Department would have sought compliance through Court action or whatever. Due to the fact he filed a waiver, now it will run its course. The Planning Commission denied it. The applicant now has ten days to seek relief. If he files and seeks relief, then it will continue on until the Council disposes of the matter through the appeal process. However, if he doesn't, after ten days the Inspection Department will be back out there seeking enforcement. Mr. Tent: That is the number I am looking for. Ten days based on our action if nothing else takes place. Mr. Engebretson: Mr. Nagy, since the petitioner is not here nor does he have a representative here, what burden do we have to inform him of whatever action we take tonight giving him the opportunity to file Nifty this appeal to the City Council? Do we have an obligation? Mr. Nagy: I don't know if we have a legal obligation but I certainly think it is good practice on our part to advise the applicant. We will make a phone call to advise him though he failed to appear or send a representative, the Planning Commission did deal with the matter after having given proper notice and did dispose of the matter and then let him decide his own fate. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Engebretson: Mr. Nagy, I would like to suggest we also send this file on to the Mayor's office for possible consideration for tracking this case with the Roads Beautification Committee. Even though it is not a major mile road, it is approximately a mile road and I think this is the kind of case that committee is interested in. Mr. Engebretson, Chairman, announced that the public hearing portion of the meeting is concluded and the Commission would proceed with items pending before it. Mr. McCann, Secretary, announced the next item on the agenda is approval of the minutes of the 665th Regular Meeting held on June 8, 1993. 12884 On a motion duly made by Mr. LaPine and seconded by Mr. Tent, it was #6-131-93 RESOLVED that, the minutes of the 665th Regular Meeting of the City Planning Commission held on June 8, 1993 are hereby approved. Near A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Fandrei, LaPine, Morrow, Alanskas, Engebretson NAYS: None ABSTAIN: McCann ABSENT: None Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Petition 93-6-8-8 by Microwave Communications, Inc. requesting approval of all plans required by Section 18.42 of Zoning Ordinance #543 in connection with a proposal to install a satellite dish antenna on the roof of a building located at 14147 Farmington Road in Section 21. Mr. Miller: The dish will be located on a building located in the development called Livonia Metro-Plex. This is located on the north side of Schoolcraft west of Farmington Road. The development has four buildings. This is located in one of the rear buildings. They are proposing to put a 6 foot diameter satellite dish on top of this unit. The unit is called Ford Motor Company and they are proposing to put a satellite dish over that unit. It has non-penetrating roof mounts and it will be approximately 79 feet from the north elevation and 28 feet from the inside of the H-shaped building elevation. The site plan shows there are numerous air conditioning units on top of the roof and this will be located approximately in the middle of one of the H stands. Mr. Engebretson: Will the petitioner please come up to the podium. James Hava, Microwave Communications, Chelsea, Michigan: One of the requests from the board last time at the study was to get the heights of the air conditioning units. They are 3 1/2 feet with a 1 foot curve, which elevates it off the roof 4 1/2 feet. We are going to be approximately 7 feet to the top of the dish so we are looking at 2 1/2 feet difference. Mr. Engebretson: Thank you for bringing that information to us. Anything else you can add to Mr. Miller's dissertation? Mr. Hava: There are some trees there in front of the building facing one of the main roads. They are in bloom with leaves and I feel it is not going to be seen at all this time of year and if any of it is going to be seen in the winter after the leaves have been removed from the trees, you are going to have to strain to see it and it is going to be such a small part it is not going to be identifiable. On a motion duly made by Mr. Tent, seconded by Mr. Alanskas and unanimously approved, it was 12885 #6-132-93 RESOLVED that, the City Planning Commission does hereby approve Petition 93-6-8-8 by Microwave Communications, Inc. requesting approval of all plans required by Section 18.42 of Zoning Ordinance #543 in connection with a proposal to install a satellite dish antenna on the roof of a building located at 14147 Farmington Road in Section 21 subject to the ``m. following condition: 1) That the Site Plan by Microwave Communications, received by the Livonia Planning Commission on 5/5/93, is hereby approved and shall be adhered to. for the following reason: 1) That the proposed satellite dish antenna location is such that it will have no detrimental aesthetic impact on the neighboring properties. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Sign Permit Application by Action Signs, Inc. , on behalf of House of Leon's Restaurant, requesting approval for one ground sign for the property located at 29041 Seven Mile Road in Section 12. Mr. Miller: This is located on the south side of Seven Mile Road. Most people remember it as the old Sutherlands Restaurant. It is east of Middlebelt between Middlebelt and Maplewood. They are proposing, originally it was a 30 square foot sign but now it is a 28 square foot ground sign. On the site there is an existing 22 foot non-conforming ground sign. The site plan shows they are going to remove that and put the new sign, as you drive through the driveway into the parking lot, it will be on the left hand side. They have a 10 foot setback, 28 square feet, so everything is conforming to the sign ordinance. Mr. Alanskas: Scott, did you say they are going to knock it down from 30 feet to 28 feet? Mr. Miller: Yes. He just brought this in tonight. It will be 8 feet long and it was 7 1/2 feet, so it is a half a foot longer. It was 4 feet in height and it is now 3 feet 6 inches so it is a little bit smaller. Mr. Alanskas: The colors are the same? Mr. Miller: Yes. Mrs. Fandrei: Can you give us your ideas for the property in general? It is not in real good condition. Louis Pollen: I am the sign contractor. The owner of the property is here. He could be more specific. Wally Leon of Leon's Family Dining, 29041 Seven Mile Road. Mrs. Fandrei: Can you give us your ideas for your property, upgrading it and the improvements you plan on making? 12886 Mr. Leon: I would like to put in front something to cover the air conditioner and I want to put some landscaping in the front of the building. Mrs. Fandrei: You don't have any kind of plan to present to us? Mr. Leon: No. I would like to do some landscaping. Mrs. Fandrei: To the staff, how does it meet the 15% requirement? Mr. Nagy: Since this is a sign request and not a site plan request, we have not made any site calculations. Mrs. Fandrei: Can you? Mr. Nagy: Of course we can. Mr. Morrow: A follow up to Mr. Alanska's question. I think the last time we looked at that site it had kind of a changeable message board on it. Does that account for the reason it is a little big shorter? Mr. Pollen: We did eliminate the changeable copy. He is going to landscape around where the sign is going to be. Mr. Tent: What was said here this is strictly a sign request. However, the petitioner has volunteered in addition to the sign, which we are looking at, which is favorable, he is also volunteering under the same petition that he was going to upgrade the area. I happened to go down there and he mentioned the fact about the air conditioner, and this is one of our pet peeves about air conditioners on roofs, `w he wanted to know if he could shield those air conditioning units as part of this proposal because he wants to improve the property and I said he certainly could. I was pleased with the fact that he does want to make some general improvements to the property. This landscaping plan, if you remember when Sutherlands was before us, they submitted a copy and they were going to replace some of the flowers and shrubs in front. It never materialized. Anything here would be a vast improvement. I would think the type of tenant we have here now, he wants to volunteer to do this, I think between him and the staff, he could come up with a landscape plan that would be favorable. We could also shield the roof air conditioners, which is something that could be done without having to go through another petition. I was hoping we could work something out through this petition. What do you think Mr. Chairman? Mr. Engebretson: I would like to ask Mr. Nagy and see what he thinks. Can we do that? Mr. Nagy: Yes we can do that. We will be happy to do it either in conjunction with the sign or we can do it separately. We will give him all the assistance he needs to come up with an attractive landscape plan both for the sign as well as for any other portion of the property that might be advantageous to be landscaped. We can do it either way. 12887 Mr. Tent: Which would indicate also the parking lot, the cleaning up of that. He is a business person in the same area and he does have a good track record and he has been here a while. I think it would be to his benefit to go ahead and do all these things because it would be an upgrade to the property that is vacant now. I would certainly _►' hope we could work with him through our staff to come up with a workable arrangement. Mr. LaPine: I am glad to hear you are going to cover the air conditioner because that was one of the problems I had. When the Chairman, Mr. Alanskas and I drove up there Saturday, when you drive in the parking lot it is the first thing you see. The other thing, Mr. Chairman, I would like to mention to John, you remember when Sutherlands moved out and Seros moved in, if I remember right Seros submitted a landscaping plan. Maybe you can just dig out that plan and use that as an idea. I commend the gentleman for taking over a building that has been vacant. Hopefully you will be more successful than Seros. You have a good operation across the street. I hope you do a good job here. It will benefit Livonia, it will benefit you and it will benefit the area. I am ready to make a motion to approve it. Mr. Engebretson: Mr. LaPine, before you do that I would like to ask Mr. Leon if this store is going to have a different menu, I understand, than your one at Ten Mile & Haggerty store? Mr. Leon: Right. Mr. Engebretson: What is going to be different at this store? Mr. Leon: The other one was a very big menu. This menu will be limited. It will be speciality items. It will be chicken, 6 or 7 kinds of fish, baked, broiled, etc. Mr. Engebretson: When do you plan to open? Mr. Leon: Within 8 to 12 weeks. Mr. Alanskas What are your hours? Mr. Leon: It will be from 11:00 a.m. until 10:00 p.m. including Sundays. On a motion duly made by Mr. LaPine, seconded by Mr. McCann and unanimously approved, it was #6-133-93 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Sign Permit Application by Action Signs, Inc. , on behalf of House of Leon's Restaurant, requesting approval for one ground sign for the property located at 29041 Seven Mile Road in Section 12 be approved subject to the following conditions: 1) That the Sign Package by Action Signs, Inc. , received by the Livonia Planning Commission on 5/25/93, is hereby approved and shall be adhered to, except for the fact that the "changeable copy" graphic shall be removed; 12888 2) That the applicant shall supply the Planning Commission a landscape plan within two weeks of the date of this resolution. 3) That the petitioner has agreed to cover all roof top equipment including the air conditioning unit, so it cannot be seen from Seven Mile Road. Mr. Morrow: At the study session Mr. Tent shared with us some information about Mr. Leon. Would you repeat that? Mr. Tent: I would like to Mr. Morrow. I would like to commend Walt Leon for his restaurant operation and what Mr. Morrow is referring to is that at Thanksgiving time Walt Leon served 2,000 dinners for free at his Dearborn restaurant and he did that because to quote him "The Lord was good to him and made him a successful businessman, he made money and he wanted to share that with the people in the area" and I think that is commendable. For him to come into our City and be part of it, I am proud of you and wish you the best of luck. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Sign Permit Application by Creative Designs & Signs, on behalf of Realty Executives, requesting approval for one ground sign for the property located at 18927 Farmington Road in Section 9. Mr. Miller: This is a petition area that is located on the west side of Farmington Road south of Seven Mile Road. Right now they are proposing a ground sign. It will be 30 square feet and it is 84111. is as you drive in the driveway on the left hand side. There is no signage now in the area. They are not allowed a ground sign that has any kind of tenant logo, name. It is only a business center sign that they are allowed of 12 square feet so this will be over what they are allowed and a tenant sign so they will have to go to ZBA to get a variance. This is a new sign they brought in tonight. (He presented the new sign plan to the Commission) The Planning Commission didn't like the telephone number at the bottom. They changed it to just the address. The sign is the same size and the same color. It is just now the address will be where the telephone number was. Mr. Engebretson: Would the petitioner please come forward and make whatever comments you wish. Al Dubay, 18927 Farmington Road: The reason we are requesting the sign is we need to identify our location. We had quite a large problem with people trying to find us. On Farmington Road the speed limit is 45 mph and people have to drive by us three and four times to find us. Even though there is an address sign out there, they haven't been able to locate it. We have had one minor traffic incident because of it. What we want to do is to try to identify the site by putting our sign up. The bigger sign was requested because the only place we can put it to take care of the setback is right along 12889 the driveway. If a car is parked alongside the sign if we put a smaller sign in, you won't be able to see it so we wouldn't accomplish anything. This seems to be, based upon the renderings I have seen, aesthetically a little bit better than a smaller sign. There is a large tree right there and if we, like I said, made a smaller sign, it also couldn't be seen. Mr. LaPine: I was out there Saturday inspecting the property. Where you are going to put the sign is fine. I have no objection but you have two trees lining that driveway. I think you are going to have to trim those trees down. The other problem you have, at the north end of your property you have a tall evergreen there. When you put that sign up, it is not going to be seen. I would recommend that you move that evergreen because the site line coming from the north/south, you can't see that sign until you are beyond that evergreen. That evergreen is quite tall. I don't know if it can be removed. I think putting a sign where you are proposing to put the sign, with that evergreen still there it will do you no good because you are not going to be able to see that sign. If they do see it at the last minute, they are going to slam on their brakes and then try to turn in. Mr. Dubay: We did the same thing last week after the preliminary meeting. We walked up and down that sidewalk in front of the building to see what would have to be rearranged. We looked at the possibility of putting it where the address sign is right now, putting one the size the ordinance suggests. The thing is it doesn't meet the setbacks. It is too close to the sidewalk. Mr. LaPine: You can do what you want to do but I think from what I have seen and the Chairman has seen and Mr. Alanskas, it would be to your benefit. I hate to see a tree destroyed but it would be to your benefit. Mr. Tent: Are you entertaining any thoughts of having tenant names on your sign? Mr. Dubay: No. Mr. Tent: The original proposal was to expand it to have tenant names on it. Mr. Dubay: There is one other tenant in the building and they don't have any business where customers come in, it is all outside business. They don't even want a sign. That is why their name isn't on it. Mr. Tent: To the staff, the reason it is going to the ZBA is because of the additional 15 square feet of sign area? If it weren't for that we could pass it here and it would go on its way? Mr. Nagy: That and the fact it has a tenant name. Mr. Tent: In our ordinance, that is not permitted? Mr. Shane: The ordinance allows a name of a building itself, not one tenant as opposed to another or two tenants. 12890 Mr. Tent: A case in point is the Sterling Shopping Center at Newburgh and Six Mile. At first it was Laurel Park or something like that and then the bank wanted to come in and have their name on it but to comply with the ordinance they had to change that to the Sterling Plaza to indicate all the tenants. In this case here because Realty Executive is a tenant, it doesn't comply with the ordinance? Mr. Shane: That is correct. Mr. Alanskas: At our study meeting you mentioned you might be taking over the entire building so you would only have one tenant in the building. Mr. Dubay: I guess part of the discussion also was whether we should go through that expense. We don't have a need for that space right now that the other tenants are using. They are on a month-to-month. The discussion I had with the landlord was as soon as we need the space, it will be available to us. Mr. Alanskas: So there will be two tenants in the building? Mr. Dubay: Yes. Mr. Morrow: I just want to confirm, I believe that is in a control zone? Mr. Nagy: That is correct. Mr. Morrow: If that is the case it means the City Council will also be involved in this and also it runs a red flag to be cautious as to any type of recommendation against our ordinance because it is one designated as a high visibility area. Mr. Engebretson: Mr. Nagy, I would like to ask you two things. One, if this were approved, could he in fact move that pine tree or cut it down, whichever he chose to do, to give visibility to this sign or would that likely have been part of an approved site plan? Mr. Nagy: We would have to check that out. He certainly would be entitled to prune it back. He can make ordinary nursery maintenance. As to total removal, we would have to examine the previously approved site plan. Mr. Engebretson: I was going to also inquire about the point Mr. Tent and Mr. Morrow were pursuing regarding the ordinance. It looks to me that this situation is very similar to the Real Estate One building at Five Mile and Farmington where we have a monument sign in front of that building with the real estate sign on it which may be interpreted as the Real Estate One building. I guess by the same token we could consider this to be the Realty Executives building. This building is set back to a point where it is really invisible coming from the south. I think the petitioner has a real problem getting identification there because the numbers are really nothing and while I don't normally go against the ordinance, I think there are situations, I cited one at Five Mile and Farmington, that give me reason to believe there is reason to occasionally go through the Zoning Board of Appeals process to get relief from those 12891 situations, which then in fact keeps us within the ordinance. I guess the question is, is there something I am failing to see here relative to comparing the two situations? They are similar businesses set back a long ways from the road, etc. Mr. Nagy: I think you made an accurate assessment. The only thing I would \r.. say is if Realty Executives owned the building, were the landlord and therefore having full control over the property and therefore were to call their building Realty Executives, it would meet the intent of the ordinance, but by virtue of being a tenant, even though they may be the only tenant, without the landlord coming forward and saying yes we acknowledge the fact that this is a tenant in our building and therefore he is preempting the others, we sanction that, we know that, then it would be okay but in this case he is a tenant and he can't take it upon himself to preempt the others from going on the sign. Mr. Engebretson: You have also given him a possible solution if he should fail here or somewhere along the way. Mrs. Fandrei: Real Estate One is not the owner of the property but they are the only occupant of that whole building, which is different than this situation. Also, John if Realty Executives were the tenant as he is, would he have the ability to trim trees, remove bushes, etc. as a tenant? I should probably ask him. Mr. Nagy: That would depend on his lease. Mr. Dubay: The landlord has already signed something stating that he has approved this sign. We were supposed to go to the Zoning Board of Appeals and because of some mix-up we found we were in a control zone and I had to go back through all of this. At that time he signed something stating he was aware we were putting a sign up and he agreed with it. Mr. Engebretson: Have you submitted that to the City? Mr. Dubay: We submitted it. As a matter of fact we were supposed to go to the Zoning Board of Appeals meeting about three weeks ago. We had it notarized. Jim Barton has that information. Mrs. Fandrei: To go a step further, he isn't aware I am sure of the discussion of where this is going to go and what is going to interfere with the sign and what that may mean as far as trimming shrubs and bushes, etc. All I wanted to do is make that point that you are a tenant and you don't necessarily have the ability to go ahead and do some of the things suggested by this board. Mr. Tent: This gentleman is a tenant of the building. What happens if he leaves? Mr. Nagy: When the Zoning Board grants a variance, they will grant it only for that tenant and that tenant only. It is always part of their approving conditions. It is limited to the application before them. 12892 Mr. Morrow: The gentleman indicated you were supposed to go before the Zoning Board. What was the problem? Mr. Dubay: At the eleventh hour they found out we were in a control zone and called me before the meeting and cancelled it and that set us up for this. The landlord, what he told me, whatever he needs to do, he would help me to get it taken care of. We didn't talk about that tree specifically because at the time it wasn't brought up. He is one of the most cooperative landlords I ever had. Like I said he fust bent over backwards to help me in everything I tried to do. His comment to me was whatever you need, let him know and he will help me with it. Mr. McCann: One of the things we talked about last week, not to do with you, was the way the City goes we are in a position we have to look at the variance you are looking for as does the ZBA but the situation is you are asking for 2 1/2 times your allowable limit of sign area. I am looking at it tonight and I am thinking that area where you are at and I looked at the dimensions on your sign and why you need 7 feet. You have a lot of black area in that sign. If you went down to 6 foot by 3 foot, you would have an 18 square foot sign, which would bring you into little over 1 1/2, and it would probably be a lot easier with me. Is that something you could live with? Mr. Dubay: I probably wouldn't have a problem with that. What I did after our session last week I pulled my car up to where the sign would be. I used to be the ReMax broker in Farmington Hills and I had signs put up there and the exposure I had up there was we put a ground sign not quite as high as this and someone parked right next to it and you couldn't see the sign. That is what we did. We put my car right next to it and then we measured the sign to see how high above the car the sign would be. Mr. McCann: You understand I am not going to reduce your height at all. If you go to 36 inches you would still be 4 1/2 feet off the ground. You would just be over 1 1/2 times depending on how we look at this, whether it is an office complex or a single use tenant. If a single use tenant, you would be exactly 1 1/2 times so I might be able to recommend to the ZBA that we don't have a problem based on that if you would be willing to say yes you would be willing to go to a 6 foot by 3 foot. Mr. Dubay: Obviously, if the choice is between no sign and a smaller sign, I will take the smaller sign. Mr. Engebretson: I apologize sir for the way in which you have been diverted here but unfortunately that is the way it works. When you are in a control zone the procedure is to go this route. If you were not in a control zone, you would have been on the right track. This is just the first step in three. The ZBA is next and the City Council has the final word. I would recommend to you, that without regards to what happens here tonight, that on your next step it might not be a bad idea to have the owner of that building with you to resolve any questions that might come up at the Zoning Board and/or Council level. 12893 Mr. Dubay: He said he would help me in any way even come to meetings. Mr. Engebretson: At the next level I think you might be well served to bring that person with you. On a motion duly made by Mr. McCann and seconded by Mrs. Fandrei, it was #6-134-93 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Sign Permit Application by Creative Designs & Signs, on behalf of Realty Executives, requesting approval for one ground sign for the property located at 18927 Farmington Road in Section 9, be approved subject to the following conditions: 1) That the Sign Package by Creative Designs & Signs, received by the Livonia Planning Commission on 6/21/93, is hereby approved and shall be adhered to with the exception the sign area shall not be larger than 6 ft. x 3 ft. ; 2) That this approval is subject to the applicant being granted two variances by the Zoning Board of Appeals. Mr. Tent: I am going to vote against this proposal. The reason I am is because it is in conflict with the ordinance. I would feel more comfortable if this had gone to the ZBA first and then come back to us because we are in no position as planners to go ahead with hardship cases. We should adhere to the ordinance. Our sign ordinance has just been approved and if it is being violated so many, many times, as I have indicated before, then maybe it is time we revisit it and make a lot of changes. I think this is a double standard. I look at Six Mile and Newburgh, there is a tenant sign there and they had to comply with our ordinance and this is no '4m different. I feel I am here on the board and I am supposed to follow the ordinance and I am going to stick with it. Mr. Engebretson: I should make you aware of the fact that as a by-product of last week's meeting I requested a meeting with the Mayor to discuss the possibility of having these kind of cases go first to the Zoning Board of Appeals, then to the Planning Commission and then to the Council. That meeting initially was set for today but because of more pressing matters, the Mayor postponed that meeting and, as you know, he is going on vacation shortly, so that meeting is set for Tuesday, July 28 at 9:30 a.m. We will be addressing your concern and I am not taking issue with your point. I want to make you aware that we have acted on that and you make a valid point and we are going to search out all the various aspects of those points of concern. Mr. Tent: This is where I am coming from. I don't want to be argumentative about this. I appreciate that you have gone ahead and I am anxiously awaiting his decision so we can get back on course. Mr. Engebretson: I just want you to understand that action was taken. Unfortunately it couldn't be accomplished before we got here tonight. 12894 Mrs. Fandrei: Mr. Tent, didn't our petition make mention he was headed in that direction but he was sent in this direction first because it is in a control zone? He is here in the right order. Mr. Tent: I believe he probably is but I still have my vote to say this isn't Nora. in compliance with the ordinance. A roll call vote on the foregoing resolution resulted in the following: AYES: Fandrei, LaPine, Morrow, Alanskas, McCann, Engebretson NAYS: Tent ABSENT: None Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is Permit Application by Robert P. Ankiel for the installation of a satellite dish antenna for property at 20135 Floral Avenue in Section 1. Robert Ankiel, 20135 Floral: I would like to put up a satellite dish. That is about it. Anything you would like to know? Mr. Engebretson: Mr. Miller would you put a sketch up there and show us what is being proposed. Mr. Miller: This is the property located in Section 1. You have Norfolk Avenue and Floral. This is on the southwest corner. He is proposing to put a 7 foot diameter satellite dish on a 10 foot pole and the whole apparatus will be about 14 feet. The site plan shows it will be 58 feet from the rear lot line, 55 feet from the north lot line Nosy and 25 feet from the south lot line. The site plan also shows there is a proposed building addition shown on the plan that would screen it from Norfolk Avenue. There is an 8 foot privacy fence on the rear lot line and there also is a proposed patio deck that would screen it from the front. He also submitted consent letters from the person that lives in the house across Norfolk Avenue, the rear resident and the south resident. Mr. Engebretson: Scott, you mentioned the deck would screen the dish from the front. Mr. Miller: That is what the petitioner has stated and it shows it on the plan. Mr. Engebretson: We will let the petitioner speak to that issue. Talk to us about the screening, sir, that you have in mind to somewhat shield this apparatus from the neighborhood in general. Mr. Ankiel: From the front on Floral, I have a two story frame house. I have a deck on the upstairs story that will be moved down when I add the addition on and a staircase will be added next to it so it will be shielded from Floral Avenue up the driveway. The next door neighbor's house is next to that which blocks it off even more. From the other side of the street there will be the addition of a 12895 two-story house to block it off from Norfolk. If that doesn't do it, we will have a privacy fence located along the north side of Norfolk. Mr. Engebretson: I understand you are going to have a privacy fence even without '44r. regard to these other considerations. Mr. Ankiel: Right. Mr. Engebretson: Do you have building permits to do all these things? Mr. Ankiel: I started on the garage so I would have a place to put the materials. Mr. Engebretson: Nothing for the house? Mr. Ankiel: That will be started in the fall. It will be a winter project. Mrs. Fandrei: I was very impressed by the condition of your property. It is a very attractive piece of property and a very nice looking home. How high were you planning your fence? Mr. Ankiel: Six foot. Mrs. Fandrei: Is that allowed. John? Mr. Nagy: Yes. Mrs. Fandrei: That still wouldn't hide the dish itself. Mr. Ankiel: Where the position of the fence would be, if somebody was walking down the street, the fence would be right there and I plan on putting pine trees on the inside of it. Mrs. Fandrei: Your notes say you are putting it on a 15 foot pole and our notes say a 10 foot pole. Mr. Ankiel: It will be stuck 5 feet in the ground. Mr. Engebretson: When do you plan on putting that fence up? Mr. Ankiel: I was waiting until you came by to look at everything. Soon. Mr. Engebretson: The thing is that the record will show that these dishes tend to be approved in residential areas where they are well screened and have no detrimental aesthetic impact on the surrounding neighborhood. That plus the fact that we have consent letters from the neighbors and you have done that but you don't have the screening. My concern is what if you don't proceed? Then we have this dish out there like a sore thumb. I want to support this proposal but I can't in good conscience do it without a commitment on your part that you will proceed to put the privacy fence up first. I think if you do that first, then you have complied with, at least in my view, what is aesthetically detrimental or not. I 12896 think the ultimate screening is going to be provided by the addition to a very nice house and you are going to be the principal individual to view this addition and obviously it is not going to bother you. I guess I would be prepared to support this proposal with that condition that the fence should precede the dish. That is just one point of view. Mr. Ankiel: Right now I want to put the garage in. If I had a fence up right now, I wanted to bring like a cement truck through that way. If that is what has to be, that is what will happen. Mr. Engebretson: I don't want to propose any hardship on you maybe it is just a matter of time. Maybe just hold off on the dish until the cement trucks have done their work. That way we can satisfy everyone's rights. Mr. Morrow: I concur with what you are saying Jack but another tact would be condition that it be up by a certain period of time. Could it be possible to condition the approval based on that? Say you would have 60 days. You would have everything in within 60 days if you chose to have the dish up before that. At least it will be part of the condition that within no more than 60 days the privacy fence would be up. Mr. Engebretson: I think we could do that but I would recommend that we not move in that direction because it would certainly break a precedent in a major way to have that dish completely exposed and there may well be references to that. We have seen some cases where the privacy fences have been in place and it is not supposed to be visible and it is very visible and very annoying to more than a few people. I guess you survived without the dish these years and if you went a few more months I get the feeling you are not viewing that as any particular disruption in your life. Mr. Ankiel: I could put the fence up first and then the dish. Mr. LaPine: I want the petitioner to understand what we are saying is go ahead and put up your garage and then when that is done then you proceed with the fence and then the dish. We don't want to hinder you as far as your construction. Mr. Ankiel: Thank you. On a motion duly made by Mr. Morrow, seconded by Mrs. Fandrei and unanimously approved, it was #t6-135-93 RESOLVED that, the City Planning Commission does hereby approve Permit Application by Robert P. Ankiel for the installation of a satellite dish antenna for property at 20135 Floral Avenue in Section 1 subject to the following conditions: 1) That the Site and Specification Plan by Robert Ankiel, received by the Livonia Planning Commission on 5/25/93, is hereby approved and shall be adhered to; 12897 2) The satellite dish will only be installed after the six-foot privacy fence is in place. for the following reason: 1) That the proposed satellite antenna location is such that it will N"' have no detrimental aesthetic impact on the neighboring properties. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann, Secretary, announced the next item on the agenda is election of officers for 1993-1994. On a motion duly made, seconded and unanimously adopted, it was #6-136-93 RESOLVED that, in accordance with the provisions of Section 1 of Article II of the Planning Commission Rules of Procedure, the following officers were elected to the Planning Commission for the period commencing July 1993 to June 1994. Chairman: Jack Engebretson Vice Chairman: R. Lee Morrow Secretary: James C. McCann Mr. Engebretson, Chairman, declared each of the officers duly elected to the Planning Commission for the period July 1993 to June 1994. On a motion duly made, seconded and unanimously adopted, the 666th Regular Meeting & Public Hearings held on June 22, 1993 was adjourned at 9:00 p.m. CITY PLANNING COMMISSION J. es C. McCann, Secretary ATTEST: Qz, c,„ ,,,6 Jacc Engebret4on, Chairman jg