Loading...
HomeMy WebLinkAboutPLANNING MINUTES 1973-11-13 • 5438 MINUTES OF THE 266th REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, November 13, 1973, the City Planning Commission of the City of Livonia held its 266th Regular Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman called the Public Hearing and Regular Meeting to order at 8:05 p.m. with approximately 75 interested persons in the audience. Members Present: Daniel R. Andrew Joseph J. Talbot Charles Pinto Francis M. Hand Suzanne Taylor (9:00) Joseph J. Falk Herman H. Kluver Esther Friedrichs Members Absent: David F. Merrion (California, Company Business) John J. Nagy, City Planner; Ralph H. Bakewell, Planner IV; H. G. Shane, Planner IV; and Robert M. Feinberg, Assistant City Attorney, were also present. Mr. Andrew informed the audience that if a petition on the evening's agenda involved a question of rezoning or vacating then the Planning Commission would only recommend to the City Council that certain action be taken whereupon the ,or` Council would ultimately decide whether or not to approve or deny the petition. Further, if a petition involved a waiver of use approval that is denied, the petitioner had ten days in which to appeal the decision to the Council. Mr. Kluver, Secretary announced the first item on the agenda, Petition 73-9-1-32 by Marvin W. Cherrin requesting to rezone property located on the south side of Seven Mile Road between Woodring and Shadyside in the Northwest 1/4 of Section 10, from R-1 to C-1. Mr. Nagy: There is a petition on file signed by 64 residents of Shadyside and Woodring protesting the rezoning of this property. There is also a letter on file from Mr. and Mrs. Robert L. Donakowski recommending denial of this zoning change. Mr. and Mrs. William J. Johnson recommend that this petition be denied. The Engineering Department notifies that Seven Mile Road has not been dedicated to its fullest extent. There are no storm sewers to service the subject site. Mr. Cherrin: We filed this petition because we find ourselves in a very Petitioner funny predicament. The ordinance that was in effect at the time that this was purchased would have allowed the 110 ft. commercial depth that existed under that original ordinance and would have been usable under that ordinance. The present setback requirements for C-1 is 75 ft. and I also understand that the present rear yard requirement is 20 ft. which means 11111; if we are to use this lot we would only be able to build a building 15 ft. in depth. The area to our west is zoned C..2 which is a heavier use and its depth is far greater than what we are seeking. 5439 Mr. Andrew: How long have you owned the property? if Mr. Cherrin: Four to five years, maybe a little longer. Mr. Andrew: Are you the title holder? Mr. Cherrin: We have been purchasing this property on land contract. Mr. Andrew: Does the petition filed by the residents indicate reasons for objection? Mr. Nagy: No,they just recommend that it be denied. Mr. Hand: If you have owned the property for five years why have you not developed it prior to this? When you purchased this property what did you intend to do? Mr. Cherrin: I am an attorney and at the time it was purchased it was to build a law office on the property. We did not go ahead with it at that time because my associates and myself could not make the move at that time. There was a house on the property at that time. The City then condemned the house on the property, and we subsequently cleared the house off. Mr. Hand: Was it purchased at C-1 zoning? Mr. Cherrin: Yes, it was. We did not know that we could only build a '" 15 ft. building at that time. We purchased the property then discovered this problem. Mr. Hand: With a P.S. zoning district could he then proceed with his original purpose? Mr. Nagy: P.S. would reduce the yard requirements, provide for more buildable area and limit the use of the property. Mr. Hand: I disagree with the zoning to the west. I think the Commission should do something about this zoning to the west. I feel personally that a less intensive use than C-2 should be applied to that area. Mr. Hand: Where is the need for more commercial at this time? Mr. Cherrin: It is not a good investment for us to build a small office building. There is a very limited market for professional office. During the period of time that we have held this property, we have been watching other property further west and on Farmington Road. We find that there is a need for more commercial development along Seven Mile Road both east and west of Farmington Road. This is predominantly a commercial area and we recognize that if we build a commerical building properly zoned we will have to build a building and compete 0 with other buildings compatible with the rest of the buildings around us. The area today is very consistent with the zoning *IIIVL we are seeking. There is a very inflationary spiral going on and we are in a position that if we do not take some action now it will make it impractical to do anything with that property because of the inflation. 5440 Mr. Hand: Besides K-Mart there has not been any additional commercial ' development. We denied the request of Mr. Maiorana for the very reasons I feel work against this petition. I think this Commission should be very careful with what we do in that area. Mr. Cherrin: That would be akin to spot zoning. On the south side of K-Mart I have seen some commercial development to the south of Seven Mile. I have seen commercial on the north side also. I feel we can make a good use out of this property as a commercial property. Mr. Hand: There's a strong tendency that once a commercial store is established then you immediately find satellite parasite commercial in the area. This develops a traffic problem. If you feel there is a need for the shoppers in that area then it is up to you to prove that there is a need for what you are planning in putting there. What shopping can you provide to the residents that they do not already have? Mr. Cherrin: That is an unfair question. I .think the people of Livonia should have the privilege of more than one store to do their comparison shopping. They are entitled to. Mr. Talbot: The property that is zoned C-1, you bought that four or five years ago. Now the piece you have petitioned for, are you buying that or do you have an option on that? Mr. Cherrin: The 110 ft. of frontage and the piece we are petitioning tonight was all purchased at the same time. It's all part of an overall parcel. Mr. Falk: I am against this because I think K-Mart has taken all the shopping available in this area. The drugstore is no longer there and there is a hideous Dally Carpet in that spot now. Mr. Andrew: The purpose of the rezoning then, if it is successful, would be for commercial stores to be erected as opposed to a law office for your use. Mr. Cherrin: That is correct. Mr. Morris: He should have investigated the setback which was already Resident there when he purchased the property. The reason we did not list our reasons on the petition is because we have a safe area to live in. His proposed commercial would give as a service drive which is a safety hazard. The lack of sewers would cause us problems also. Dale Lamb: I have lived there 18 years and this is the first I know 18925 Loveland that this was classified C-2. This is a rural type of community. We have been fighting rats in our area. I have pictures of the area on Seven Mile that will show its just the spot for rodents. 5441 Mr. Ford: Mr. Cherrin spoke of financial loss he would experience. 19175 Shadyside If he thinks it is helping my house values it is not. We do not need any more traffic or congestion. ' Resident: The area that is zoned C-2 is not being used for commercial 18940 Westmore it's being used for residential other than the church, barber and Wolfe Realty. Mr. Cherrin: I appreciate the concern of the adjacent property owners but I would appreciate them to consider the fact that I have my good money invested in the property. There was no one present wishing to be heard and the Chairman closed the public hearing on this item. On a motion duly made by Mr. Hand, seconded by Mr. Falk and unanimously adopted it was, #11-270-73 RESOLVED that, pursuant to a Public Hearing having been held on November 13, 1973 on Petiton 73-9-1-32 as submitted by Marvin W. Cherrin requesting to rezone property located on the south side of Seven Mile Road between Woodring and Shadyside in the Northwest 1/4 of Section 10, from R-1 to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 73-9-1-32 be denied for the following reasons: (1) The proposed expansion of commercial zoning would be -- hazardous to the neighboring residential area. 4iLd (2) It would promote an expansion of and an increase in intensity of commercial development which would generate an increase in volume of commercial traffic. (3) There is already an over abundance of commercially zoned land much of which is vacant that can accommodate any needed expansion in commercial development for comparision shopping purposes. (4) There is adequate appeal procedures provided in the zoning ordinance to overcome problems of practical difficulty and hardship when the specific standards of the district regulations cannot be reasonably complied with as well as when a parcel of record has two zoning districts established across it. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of October 24, 1973 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. eThe Chairman declared the motion is carried and the foregoing resolution adopted. 5442 .Mr. Kluver announced the next item on the agenda, Petition 73-10-3-8 by the City Planning Commission pursuant to Council Resolution #704-73 requesting to vacate a public walkway located on the east side of Deborah Court between Lots 94 and 139, Dover Courts Sub- division, in th4 Southwest 1/4 of Section 31. Mr. Nagy: Detroit Edison Company indicates in a letter there are no objections but require a six ft. easement be retained for existing equipment. Consumers Power state they have no reason to object. Parks and Recreation have notified us they have no objections. A letter from the City Engineering Division recommends that it be vacated. They also recommend removal of the four dead trees and that the area where the trees exist be replaced with concrete. The existing fence should be located at a new point. A letter is on file from lot - owners #139 and #94 agreeing to all the conditions stated above. Resident: 984 Dover Ct. 1 am in favor of the vacating. There was no one present wishing to be heard and the Chairman closed the public hearing on this item. tille On a motion duly made by Mr. Talbot, seconded by Mr. Kluver and unanimously adopted it was, #11,-271-73 RESOLVED that, pursuant to a public hearing having been held on November 13, 1973 on Petition 73-10-3-8 as submitted by the City Planning Commission pursuant to Council Resolution #704-73 requesting to vacate a public walkway located on the east side of Deborah Court between Lots 94 and 139, Dover Courts Subdivision in the Southwest 1/4 of Section 31, the City Planning Commission does hereby recommend to the Council that Petition 73-10-3-8 be approved subject to the retention of a six-foot easement adjacent to the rear property line from lot 94 to lot 139 for protection of existing overhead equipment for the following reasons: (1) The 30' wide public dedication is not needed in its entirety to serve for access to the interior park lands. (2) The Parks and Recreation Commission recommends approval of the vacating of the surplus right-of-way adjacent to the paved walkway. (3) The utility companies have no objection to the vacating of this area provided an easement is retained. or (4) The City Engineering Division recommends approval of the vacating of this area. liti subject to the following conditions: . 5.7417.1. (1) That the four dead trees be removed at the expense of the petitioner, (2) That the area vacated as a result of the removal of the i trees be paved with concrete at the expense of adjacent property owner as agreed to in their letter dated November 9, 1973. (3) That the existing chain link fence be relocated parallel to the new outer limits of the walkway dedication at the expense of the adjacent property owner as agreed to in their letters dated November 8 & 9, 1973. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of October 24, 1973 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluwer announced the next item on the agenda, Petition 73-9-6-13 by the City Planning Commission requesting to amend Ordinance #543, the Zoning Ordinance of the City of Livonia, by deleting from Section 17.03(b) the exception providing that certain uses may be permitted uses upon approval by the City Planning Commission. (Li There was no one present wishing to be heard and the Chairman closed the public hearing on this item. On a motion duly made by Mr. Kluver, seconded by Mr. Falk and unanimously adopted it was, #11-272-73 RESOLVED that, pursuant to a public hearing having been held on November 13, 1973 on Petition 73-9-6-13 as submitted by the City Planning Commission on its own motion to determine whether or not to amend Ordinance #543, the Zoning Ordinance by deleting from Section 17.03(b) the exception providing that certain uses may be permitted uses upon approval by the City Planning Commission, the City Planning Commission does hereby recommend to the City Council that Petition 73-9-6-13 be approved for the following reason: (1) This Ordinance amendment is recommended by the Department of Law. (2) It removes a provision in the Ordinance that gives sole authority to the Planning Commission to approve certain uses in the M-2 Zoning District. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under 0- date of October 24, 1973 and notice of such hearing was sent O/ to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed inthe Proof of Service. The Chairman declared the motion is carried and the foregoing resolution adopted. D444 Mx. Kluyer announced the next item on the agenda, Petition 73-9-6-14 by the City Planning Commission, pursuant to Council Resolution #637-73 requesting to amend Section 2.08(7) of Ordinance #543, the Zoning Ordinance of the City of Livonia, by amending the definition of "Kennel". Resident: What's this all about? 37629 Lyndon H. G. Shane: Explained definition of "Kennel". Mrs. Adcock: We are not aginst the petition but wish that we would be Livonia consulted about dog ordinances. Kennel Club 31694 Curtis Mr. P.Pavlic: Sometimes, depending on dog you are breeding, you have to keep them 9 to 12 months to see what you have got. Mary Wells; You are limiting us to two dogs. Curtis Avenue Sally Defold: If I had four dogs in my house can someone classify this as Seven Mile Rd. a kennel. Mrs. Adcock: May I suggest that you get a copy of the Westland ordinance on kennels. Mr. Pyrkrosz: I have been the City dog catcher for eight years and we have had little if any problems with kennels. ft; Mrs. Adcock: May I suggest that the word "remuneration" be changed to "profit". There was no one else present wishing to be heard and the Chairman closed the public hearing on this item. The following requested that they be notified of the study meeting at which the kennel ordinance will be discussed. Marge O'Connel Mr. DeKold V.P. of Kennel Club 31670 W. Seven Mile Road 19660 W. Five Mile Road Progressive Dog Clubs of Wayne County Mr. Phillip Pavlic Mr. Carlton Mr. Tivus 9810 Woodring 29625 Munger 38430 Terrence On a motion duly made by Mrs. Friedrichs, seconded by Mr. Hand and unanimously adopted it was, #11-273-73 RESOLVED that, pursuant to a public hearing having been held on November 13, 1973 on Petition 73-9-6-14 as submitted by the City Planning Commission pursuant to Council Resolution #637-73 requesting to amend Section 2.08(7) of Ordinance #543, the Zoning Ordinance of the City of Livonia, by amending the definition of "kennel", the City Planning Commission does hereby determine to table this item for further study in. order to allow the Law Department an opportunity of reviewing the Westland Kennel Ordinance. The change of the word "remuneration" to "profit" will also be reviewed. Y..sA. 5445 The Chairman declared the motion is carried and the foregoing resolution adopted. 110 Mr. Kluver announced the next item on the agenda, Petition 73-10-6-15 by the City Planning Commission on its own motion, requesting to amend Section 3.01, Zoning Districts, of Ordinance #543, the City of Livonia, by adding thereto the R-8, R-9, C-3, C-4 and P.O. Districts. There was no one present wishing to be heard and the Chairman closed the public hearing on this item. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was, #11-274-73 RESOLVED that, pursuant to a public hearing having been held on November 13, 1973 on Petition 73-10-6-15 as submitted by the City Planning Commission on its own motion, requesting to amend Section 3.01, Zoning Districts of Ordinance #543, the Zoning Ordinance of the City of Livonia, by adding thereto the R-8, R-9, C-3, C-4 and P.O. Districts, the City Planning Commission does hereby recommend to the City Council that Petition 73-10-6-15 be approved for the following reason: (1) This amendment is necessary to bring this section of the Ordinance up to date so as to list all of the various Zoning Districts that have been made part of Zoning Ordinance #543, as Irt; amended. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of October 24, 1973 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, preliminary plat for Wildwood Subdivision proposed to be located on the south side of Five Mile Road, north of Lyndon Avenue in the Northwest 1/4 of Section 21. Mr. Andrew: What are the comments of the Board of Education? Mr. Nagy: We do not have comments from the Board of Education. Mr. Goray: It is our desire to develop community homes in this One of the owners subdivision. We have done some extra things like providing of the Development boulevards and the site is very wooded and we intend to Company keep as many trees as possible. Our lot sizes conform and exceed Ordinance requirements. The road pattern runs from Five Mile To Lyndon and we have a court street. The price range of the homes is $45,000 to $55,000 category and we intend to keep a colonial nature in the community. 5446 William Barlow: Will you put in a concrete road on Fairlane? Fairlane Avenue Mr. Andrew: We do not require a concrete street on Fairlane. ' Mary Lou Waldock: Can we do something about the 70 ft. lots that are 14560 Fairlane facing on Fairlane? Mr. Hand: I can appreciate your concern, but I think it is as good a situation as any. Elizabeth Hoyt: Can the homes that have their sides on Fairlane be 14760 Fairlane changed to face Fairlane? Mr. Barlow: I am speaking for a neighbor who is in Florida. He has 2 1/2 acres and the rear of his lot drops 2 1/2 ft. because of sand being taken from there. Mr. Hartin: On three lots north of me there has been a drainage 15100 Gary Lane problem for many years. It drops down 4 ft. What happens now? Mr. Nagy: The subdivider will have to put in rear yard sewers, to properly control drainage. Thomas Allen: That's a 6 ft. drop not a 4 ft. drop. 14966 Gary Lane 46(6,1 Mr. Talbot: With due respect to Mrs. Waldock and Mrs. Hoyt, they have a 130 ft. lot and I envy them. I feel a 70 ft. lot is a nice size. It is also a nice layout. I can appreciate what they are thinking and I feel a 70 ft. lot is adequate. There was no one present wishing to be heard and the Chairman closed the public hearing on this item. #11-275-73 RESOLVED that, pursuant to a public hearing having been held on November 13, 1973, the City Planning Commission does hereby determine to waive the open space requirement of the Planning Commission's Subdivision Rules and Regulations and recommends to the City Council that the preliminary plat of Wildwood Subdivision proposed to be located on the south side of Vie Five Mile Road, north of Lyndon Avenue in the Northwest 1/4 of Section 21, be approved subject to the submittal of a plan showing the proposed entrance marker identifying the subdivision from Five Mile Road, for the following reasons: (1) It is of sufficient calibre to justify our approval. (2) The development will be compatible to the area. 0. FURTHER RESOLVED, notice of the above hearing was sent to the ler impf abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department and Barks and Recreation Department. 5447 A roll call vote resulted in the following: • AYES: Falk, Friedrichs, Pinto, Talbot, Hand, Kluver, Andrew 11; ` NAYS: Taylor ABSENT: Merrion The Chairman declared the motion is carried and the foregoing resolution is adopted. * * * * * * * * The Chairman declared a 10 minute recess. The Meeting was resumed with the same Commissioners present as were present for the initial roll call. Mr. Kluver announced the next item on the agenda, request for release of bond in connection with Petition 71-7-5-3 by Siever Construction Corporation and the Felician Sisters, 0.S.F. requesting to remove soil from property located on the north side of Schoolcraft Road between Newburgh and Levan Roads in the Southwest 1/4 of Section 20. #11-276-73 RESOLVED that, pursuant to the recommendations and report of the Bureau of Inspection dated October 26, 1973 the City Planning Commission does herein authorize the release of the cash bond in the amount of $1,000.00 filed by Siever Construction Company, Receipt #12483 posted in connection with removal of soil from property located on the north side of Schoolcraft between Newburgh and Levan Roads in the Southwest 1/4 of Section 20, performed under Permit No. 122, Petition 71-7-5-3 issued to Siever Construction Company; it appears from the above report that all ordinances, rules and regulations have been complied with and the City Clerk is herein authorized to do all things necessary to the full performance of this resolution. The Chairman declared the motion is carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, approval of the 265th Regular Meeting held by the City Planning Commission on October 2, 1973. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was, #11-277-73 RESOLVED that, the minutes of the 265th Regular Meeting held by the City Planning Commission on October 2, 1973 are hereby approved. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, approval of the minutes of sir+to/ the 291st Special Meeting held by the City Planning Commission on October 29, 1973. On a motion duly made by Mr. Hand, seconded by Mr. Talbot and adopted it was, . 5448 #11-278-73 RESOLVED that, the minutes of the 291st Special Meeting held by the City Planning Commission on October 9, 1973 are Ili approved. ' A roll call vote resulted in the following: . AYES: Friedrichs, Talbot, Taylor, Hand, Kluver, Andrew ABSTAIN: Falk, Pinto ABSENT: Merrion The Chairman declared the motion is carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, approval of the minutes . of the 292nd Special Meeting held by the City Planning Commission on October 16, 1973. On a motion duly made by Mr. Hand, seconded by Mrs. Taylor and adopted it was, #11-279-73 RESOLVED that, the minutes of the 292nd Special Meeting held by the City Planning Commission on October 16, 1973 are hereby approved. A roll call vote resulted in the following: AYES: Falk, Friedrichs, Talbot, Taylor, Hand, Kluver, Andrew ABSTAIN: Pinto ABSENT: Merrion lifThe Chairman declared the motion carried and the foregoing resolution adopted. r Mr. Kluver announced the next item on the agenda, approval of the minutes of the 293rd Special Meeting held by the City Planning Commission on October 30, 1973. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and adopted it was, #11-280-73 RESOLVED that, the minutes of the 293rd Special Meeting held by the City Planning Commission on October 30, 1973 be hereby approved. A roll call vote resulted in the following: AYES: Falk, Friedrichs, Talbot, Hand, Kluver, Andrew NAYS: None ABSTAIN: Pinto, Taylor ABSENT: Merrion The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, motion by the City Planning Commission pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance of the City of Livonia, to hold a public hearing to determine whether or not to rezone property located on the siv south side of Five Mile Road, east of Farmington in the +ir / Northwest 1/4 of Section 22, from C-2 and P.S. to P.L. On a motion duly made by Mr. Talbot, seconded by Mr. Hand and unanimously adopted it was, rr,... 5449 #11-281-73 RESOLVED that, pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, the City Planning Commission does hereby establish and order that a public hearing be held in the Livonia City Hall to determine whether or not to rezone property located on the south side of Five Mile Road, east of Farmington Road in the Northwest 1/4 of Section 22, from C-2 and P.S. to P.L. FURTHER RESOLVED, notice of time and place of said public hearing shall be published in a newspaper of general circulation in the City of Livonia and a notice by registered United States mail shall be sent to each public utility or railroad company owning or operating any public utililty or railroad within the City of Livonia in accordance with the provisions of Act 285 of the Public Acts of Michigan of 1931, as amended. The Chairman declared the motion carried and the foregoing resolution adopted. Mr.-Kluver announced the next item on the agenda, Petition 73-10-8-37P by Dr. Roger Ajluni requesting approval of all plans required by Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #988, submitted in connection with a proposal to construct a 5,000 square foot building on property located on the east side of Farmington Road between Curtis and Six Mile Road in Section 10. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was, 511,1 #11-282-73 RESOLVED, that Petition 73-10-8-37P by Dr. Roger Ajluni requesting approval of all plans required by Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #988, submitted in connection with a proposal to construct a 5,000 square foot building on property located on the east side of Farmington Road between Curtis and Six Mile Road in Section 10 be removed from the table. The Chairman declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Hand, seconded by Mrs. Taylor and adopted it was, #11-283-73 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #988, the City Planning Commission does hereby approve Petition 73-10-8-37P by Dr. Roger Ajluni requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to construct a 5,000 square foot building on property located on the east side of Farmington Road between Curtis and Six Mile Road in Section 10, subject to the following conditions: 410,t, (1) That Site Plan #116-73, Sheet 1 of 1, dated 10/20/73, prepared by Frederick Reiss, Architect, which is hereby approved, shall be adhered to in all respects 5450 except as modified by conditions 6, 7 and 8 set forth below. 16/ (2) That the new building shall match in every respect the architecture and building materials used on the existing buildings already located on the site. (3) That the site shall be landscaped consistent with the landscape treatment as shown on the approved site plan and all landscaping shall be installed consistent with the approved plan before issuance of a Certificate of Occupancy. (4) That all landscape material installed on the site shall be permanently maintained and kept in a healthy condition. (5) That a cyclone fence shall be continued to extend along the north property line as set forth as a condition of approval by the Zoning Board of Appeals with respect to Appeal Case No. 7311-135. (6) This approval is conditioned upon the petitioner returning to the Zoning Board of Appeals to obtain a variance of the eight parking spaces shown on the plan north of and parallel to Building #2. (7) That three-foot, raised walkway is to be installed on the 4ihroi north side of Bilding #2 to provide protection to those people exiting from the building. (8) That office building #3 shall have the interior design modified so that the secondary means of ingress and egress will be totally contained within the structure; i.e. , that the exterior door will not swing into the vehicular traffic lands. A roll call vote on the foregoing resolution resulted in the following: AYES: Pinto, Taylor, Falk, Friedrichs, Hand, Andrew NAYS: Kluver, Talbot ABSENT: Merrion Mx. Talbot stated his objection was that the site plan had been changed. Mr. Kluver announced the next item on the agenda, Petition 73-10-8-41 by Maguran & Ritivol requesting approval of all plans required by Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #990, submitted in connection with a proposal to construct a retail sales building on property located on the westside of Middlebelt Road between St. Martins and Bretton in Section 2. IP On a motion duly made by Mr. Talbot, seconded by Mrs. Freidrichs and unanimously Le$ adopted it was, 7471 #11-284-73 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #990, the City Planning Commission does hereby approve Petition 73-10-8-41 by Maguran & Ritivol requesting approval of all plans required by Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #990 submitted in connection with a proposal to construct a retail sales building on property located on the west side of Middlebelt between St. Martins and Bretton in Section 2, subject to the following conditions: (1) That Site Plan #C-11728, Sheet A-1 of 4, prepared by Clark W. Corey, Architect, which is hereby approved, shall be adhered to. (2) That Building Elevation Drawing #C-11728, Sheet A-3 of 4, prepared by Clark W. Corey, Architect, which is hereby approved, shall be adhered to. (3) That sign treatment shall conform to that as shown on the approved elevation plan and that any additional signs, either attached to the building or free standing shall be subject to approval by the City Planning Commission. (4) That a detailed landscape plan shall be submitted to the Planning Commission within thirty (30) days illustrating the landscaping of those areas proposed to be landscaped as shown on the approved site plan. a (5) That this site plan approval is conditioned upon the Zoning Board of Appeals granting a variance of the required protective screen wall along the north property line. The Chairman declared the motion is carried and the foregoing resolution adopted. The 266th Regular Meeting of the City Planning Commission held on November 13, 1973 was adjourned at 11:00 p.m. CITY PLANNING COMMISSION /(/#&:V '4/4 A‘ ATTEST: Herman H. Kluver, Secretary / /1;°•55/11---- Daniel Andrew, Chairman o ' err'toi