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HomeMy WebLinkAboutPLANNING MINUTES 1974-01-15 • 5478 MINUTES OF THE 269th REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF IL; LIVONIA On Tuesday, January 15, 1974, the City Planning Commission of the City of Livonia held its 269th Regular Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Members present: Daniel R. Andrew David Merrion Joseph J. Falk Francis M. Hand Charles Pinto Esther Friedrichs Joseph Talbot Suzanne Taylor Members absent: Herman Kluver (illness) Mr. Daniel R. Andrew, Chairman, called the Public Hearing and Regular Meeting to order at 8:05 p.m. with approximately 100 interested persons present. Also present were, John J. Nagy, City Planner; Ralph Bakewell, Planner IV; H. G. Shane, Planner IV; and Robert M. Feinberg, Assistant City Attorney. 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 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 1E0petitioner then had ten days in which to appeal the decision to the Council. , Mr. Falk, Secretary announced the first item on the agenda, Petition 73-11-1-36 by Thomas J. Brady for the Loyal Order of Moose requesting to rezone property located on the north side of Schoolcraft Road, west of Richfield in the Southeast 1/4 of Section 19, from R-1 to C-2. Mr. Nagy: There is a letter on file from Mr. and Mrs. Bogden, (owners of lots #64, 65, 66) in favor of the rezoning. There is also a letter from the Fire Marshall stating they have no objection to this building. City Engineering Office advises that the owner must construct storm sewer to Richfield Avenue. A letter from the Traffic Bureau advising of the parking deficiencies but no other problems. Mr. Brady: The Moose Lodge is now located on Merriman Road between Plymouth and Schoolcraft Roads. We are only renting now and we desire to buy land and build a permanent structure. We have 350 to 400 members. Most are residents of the City of Livonia. The building is designed with a great deal of parking available. 1 Mr. Andrew: When was the property purchased? Mr. Brady: Last year, we have owned it for 6 to 7 months. ‘ 5479 Mr. Andrew: Will you demolish the structure on the site? 11; Mr. Brady: Yes. Mr. Andrew: Is the house unoccupied? Mr. Brady: It's rented at the present time. Mr. Hand: How frequently do you meet? Mr. Brady: Once a week. We hold a club liquor license. Mr. Hand: How many attend the weekly meetings. Mr. Brady: About thirty. Mr. Hand: Will there be activities going on every weekend? Mr. Brady: No, I do not think so. The building will be self-contained and it would be only weekends. Mr. Hand: We are putting a commercial use into a residential area. There will be lights, noise, parking lot, etc. It would encourage more commercial for this area. I think your site plan is an excellent one and it would be great to see you locate this building somewhere in this city but to locate here amongst this residential area would create problems. 11; Mr. Brady: It has been indicated that this might be a P.S. zone and I think this would generate more traffic and effects on the residents than our building would. Mrs. Taylor: You do have a liquor license and you would plan to transfer it. Mr. Brady: Yes. Mrs. Taylor: Then you would stay open until 2:00 a.m.? Mr. Brady: No, we cannot sell to outsiders. Many times we close at 11:00 p.m. Mr. Falk: Where did you hear this area is going to be P.S. Mr. Brady: I have heard a lot of scuttlebut, newspaper, etc. Mr. Falk: You bought R-1 and think you are going to try to have it rezoned to C-2 and put in C-2 uses. Mr. Brady: I do not think we did anything wrong by buying this property. Duncan Palmer: 37965 Summers We live in Livonia and when we first bought our house it was said that the property behind us was owned by the State and I am afraid that the strip behind there will go that way too. • • 5480 • Larry Fenley: 14163 Blue Skies I have a list of 390 signatures and we are opposed to Castle Gardens this rezoning. There are 1700 single family residents C.A. President in this area. We do not oppose the Moose we just oppose any commercial rezoning in this area. If one piece goes many other areas will go this way. John Peterson: I have a petition signed by the residents of Richfield. 14025 Richfield I have 50 names here. We are against the petition to rezone the lots for the following reasons: noise and dirt, traffic danger, want rural open area, any rezoning will give additional impetus to future rezoning; would gain financially, but the majority of the residents would lose. Frank Young: We live behind this area. When we bought it was zoned 37675 Summers residential. We would like it to stay that way. George Callen: I am against the rezoning. Mr. Reneaud: Sixteen years ago when we bought in Livonia we knew Schoolcraft 31157 W. Chicago was going to be an expressway. We still feel that this area Builder & is going to go commercial. We would like a quiet neighborhood Developer to be in because we are quiet people. else 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. Merrion, seconded by Mr. Hand and unanimously adopted it was, #1-1-74 RESOLVED that, pursuant to a public hearing having been held on January 15, 1974 on Petition 73-11-1-36 as submitted by Thomas J. Brady for the Loyal Order of Moose requesting to rezone property located on the north side of Schoolcraft Road, west of Richfield, in the Southeast 1/4 of Section 19, from R-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 73-11-1-36 be denied for the following reasons: (1) The proposed rezoning would be detrimental to and adversely affect the nearby permitted and established uses of the residential area. (2) The proposed rezoning is a classic example of spot zoning, in that the area proposed to be rezoned is relatively small by comparison to the surrounding residential neighborhoods and commercial uses would all be unrelated to and ^incompatible with the established residential uses. (3) The proposed rezoning would discourage the orderly and appropriate development of the surrounding area as it would lead to the further expansion of commercial zoning in this area. (4) The proposed zoning change would adversely affect the stability of the nearby residential neighborhood and discourage the continued use, livability, and enjoyment of the residential 5481 area by way of lights, odors, fumes, dust, debris and traffic • which are all associated with commercial development. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of December 21, 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. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 73-12-1-37 by Marvin Diamond for Health Saving Services requesting to rezone property located on the south side of Seven Mile Road between Middlebelt Road and Maplewood in the Northwest 1/4 of Section 12, from RUF, C-2 and P.S. to R-9. This item will be re-advertised because it has been amended to R-9-III. There was no one in the audience indicating interest in this item and the Chairman directed that this item be removed from the agenda and that it will be re- advertised for a public hearing on February 5, 1974. Mr. Falk announced the next item on the agenda, Petition 73-12-1-38 by the City Planning Commission on its own motion to rezone property located at the northeast corner of Seven Mile Road and Farmington Roads in the Southwest 1/4 of Section 3, from C-2 to R-1. • Robert Smith: I do not know how that commercial ever got there. I feel 19000 Shadyside we have enough commercial on that corner. else 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 Mrs. Friedrichs, seconded by Mr. Hand and unanimously adopted it was, #1-2-74 RESOLVED that, pursuant to a public hearing having been held on January 15, 1974 on Petition 73-12-1-38 as submitted by the City Planning Commission on its own motion to rezone property located at the northeast corner of Seven Mile and Farmington Roads in the Southwest 1/4 of Section 3 from C-2 to R-1, the City Planning Commission does hereby recommend to the City Council that Petition 73-12-1-.38 be approved for the following reasons: (1) The proposed change of zoning would remove incompatible conflicting commercial zoning from the residential neighborhood. (2) The proposed area of the rezoning is well established, well maintained and a stable residential area and commercial zoning would tend to diminish the continued stability of the residential area. ' (3) Commercial zoning is inconsistent and incompatible with the residential uses and continued residential enjoyment of the area. 5482 (4) The proposed change of zoning would eliminate the non-complying status that these residential homes presently have with respect 1E0to Zoning Ordinance #543 in that residential uses are not permitted in commercial zones. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of December 12, 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. The Chairman declared the motion carried and the foregoing resolutinn adopted. Mr. Falk announced the next item on the agenda, Petiton 73-12-1-39 by the City Planning Commission on its own motion to rezone property located at the southeast corner of Seven Mile acid Farmington Roads in the Northwest 1/4 of Section 10, from C-2 to R-1. Wm. Reddy I oppose the rezoning and have a petition signed by people 19020 Westmore: in the area who are also opposed to it. I am afraid City Planning is planning a turn-a-round at the end of my street. Mr. Andrew: I am not certain that the City is planning to vacate that portion of land but if they were not definitely planning a 1E; turn-a-round would you still be opposed? Mr. Reddy: Yes. Mr. Merrion: How many names are on the petition. Mr. Nagy: There are nine residents that have signed the petition: #169, 170, 171, Mrs. Lillian Skaggs ; #274, 275, 276, Mrs. William Wright; #172, 173, Mr. Genevieve Polesky; #268, 269, Mrs. Elizabeth Detter; #174, Lee Smith; #270, 271, Mrs. Mae Goudeseune; #263, Roberta A. Harrison; #265, Mrs. John S chmit; #289, 290, 291, Dallas Tevis. Mr. Hand: Do you have any knowledge of turn-a-round on Westmore? Mr. Nagy: Several years ago the Planning Department was examining the parking. We would have used the right-of-way in this vacated street for additional parking and then the end of Westmore would become a turn-a-round. It was just a concept. It was never adopted or implemented. Mr. Hand: This is somewhat unusual. There are 13 acres of commercial that are developed. There is strip commercial all around. I do not understand why you residents do not want this commercial zoning removed from your neighborhood? Do you 1:, want to remain as residents? Mrs. Wright: We want it left C-2 so if someone wants to buy it, it will be 19020 Westmore valuable to see it as C-2 and not residential. 5483 Robert Smith: I am in favor of this rezoning. 19000 Shadyside Ada Johnson: I am in favor of the rezoning. I also believe that many 18946 Woodring people that signed the petition did not know what they were signing as evidenced by many who signed the petition that were outside the area. Mrs. Wright: How long has this been zoned C-2? Mr. Nagy: 20 years. Mr. Wright: I do know that we are holding valuable property and we want to keep it that way in case we can sell it for more money. Mr. Hand: As land uses change then zoning changes should change to complement those uses. Where it may have been good zoning 20 years ago, it is not good zoning to day. Mr. Talbot: I think people that have signed that petition against this rezoning do not understand what they were signing. R. Skaggs: I went to the Planning Commission offices last week and 19025 Westmore they told me that this was going to be a turn-a-round. I am going to petition to have the alley closed because the property in front of me does not have enough parking area. I think there is some reason why this is being rezoned. Mr. Wright: I may be responsible for the misunderstanding. I felt that this is the first step to making this a turn-a-round. Mr. Tevis: I am against the rezoning. I bought this property because it was zoned C-2. I intend to make a profit on my investment. Mr. Merrion: I see Mr.Mardiros, the City Assessor is present this evening. May I ask do these people pay taxes on a commercial land or residential. Mr. Mardiros: If the property remains commercial that land will be re-evaluated as commercial. Up to now it has been assessed as residential. Mrs. Wright: I thought we were being assessed as commercial. Mr. Andrew: No, you are not assessed for zoning but for what the land is being used for. That has been true in the past. else 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 Mrs. Taylor, seconded by Mrs. Friedrichs and adopted it was 5484 #1-3-74 RESOLVED that, pursuant to a public hearing having been held on January 15, 1974 on Petition 73-12-1-39 as submitted by the City Planning Commission on its own motion to rezone property located at the southeast corner of Seven Mile and Farmington Roads in the Northwest 1/4 of Section 10, from C-2 to R-1, the City Planning Commission does hereby determine to table this item to the January 29, Study Meeting and the Regular Meeting of February 5, 1974 in order to further study assessment status, property lines in alley and possible vacation of alley. Mrs. Skaggs, Mr. Wright, Mrs. Johnson, and Mr. Tevis all requested that they be notified of the study meeting in order that they may be present at that time. A roll call vote resulted in the following: AYES: Friedrichs , Pinto, Taylor, Andrew, Talbot NAYS: Falk, Merrion, Hand The Chairman declared the motion carried and the foregoing resolution adopted. Petition 73-5-2-10 Mr. Falk announced the next item on the agendas (rehearing) by Ken Morris, Inc., requesting to be granted a waiver use approval to construct and operate a Bonanza sit-down restaurant on the north side of Plymouth Road between Merriman and Melrose in the Southeast 1/4 of Section 27. Mr. Morris: The rehearing is taking place because the Law Department ruled that the addition of land increased the area of the petition and required a re-advertising and public hearing. 1E; The Bonanza Restaurant will bring improvement to the area and will be a good tax base. Mr. Andrew: Is the easement you acquired a perpetual one? • Mr. Morris: That is right. Mr. Andrew: Is it recorded? Mr. Morris: No, it is not. It is an agreement that we will have a right to the roadway to Merriman Road. Mr. Merrion: This is a waiver use? Mr. Morris: That is right. Mr. Merrion: You are asking for a more extensive use of the property. I do not feel that you have shown good reason for wanting your waiver use. Mr. Nagy: There is a letter on file from the Traffic Bureau and it reports that the proposed site is already congested with traffic. Six reasons were enumerated. The Fire Marshall objects to this type of land use because of heavy congestion of traffic already in the area. r 5485 • Mr. Merrion: I would like to know if this proposal, as revised, meets the specific requirements of the waiver use standards of the Zoning Ordinance as they relate to restaurants. Mr. Nagy: Yes, it does. It meets the specific standards of the Ordinance but there are also the general waiver standards that must be considered by the Commission. Mr. Pinto: If this proposal, in fact, now complies with the specific standards of the Zoning Ordinance, the Commission should consider that very carefully in weighing its determination with respect to this matter. Mx. Morris: I would appreciate a tabliig motion in order to speak with the Traffic Bureau and the Fire Marshall. Dan Boven: What have you done for Plymouth Road. You answer that 9910 Cranston question for yourself. Pres. Rosedale Gardens Civic Assoc. Gerry Bielfield: It would not be germane to file the easement until we Attorney for were granted the waiver. We could have squeezed two Bonanza outlets on Plymouth Road if we squeezed the parking spaces tighter and we would not have even had to acquire the additional property. else 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. Falk, seconded by Mr. Talbot and unanimously adopted it was #1-4-74 RESOLVED that, pursuant to a public hearing having been held on January 15, 1974 on Petition 73-5-2-10 (rehearing) as submitted by Ken Morris, Inc. , requesting to be granted a waiver use approval to construct and operate a Bonanza sit-down retaurant on the north side of Plymouth Road between Merriman and Melrose in the Southeast 1/4 of Section 27, the City Planning Commission does hereby determine to table this item to the Study Meeting of January 29, and the Regular Meeting of February 5, 1974. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 73-12-2-27 by Rustler Steak House requesting to be granted a waiver use approval to construct a family-style steak house restaurant on property located at the northwest corner of Seven Mile and Middlebelt Roads in the Southeast 1/4 of Section 2. 5486 Mr. Nagy: The Traffic Bureau reports that added traffic would necessitate making changes in left turn procedures that already exist. The road width and left turn area is not adequate to support the addition of this proposed use at this site. The City Engineer records indicate the existence of a sanitary sewer located under the proposed building. A letter from the Fire Marshall addressed to the Planning Commission states that there is a great amount of traffic in this area and that added traffic would hamper fire vehicles entering this area. Also the propane tanks would have to be properly contained. We object to this use. Mr. Pinto; You will be using the parking stalls of the Livonia Mall? Mr. DeRosier:. Yes, that is right. Mr. Poris: We have turned down all the nationally known restaurants Livonia Mall Their peak hours of operation are our slowest times Representative and even during Christmas no one parks on this front part of the parking lot. Mr. Nagy: Taking all the required off-street parking needed for the entire center we find that there is a slight surplus of parking. Based on the future use of the restaurant with its need for additional parking as well as the loss of parking that would result by the construction of the restaurant in the parking lot the center will then become deficient. The real problem is that the parking spaces are deficient in size. Many time cars take more than one space. Mr. Strat: We plan to restripe our parking spaces. We do recognize the deficiency of the parking spaces. We would alter the back area and increase the parking spaces to the 10 ft. width so that would somewhat alleviate the parking width. We have prepared another sketch that would not prohibit us as much on parking but it would cut down on some landscaping. This would provide us parking for six more cars. Mr. De Rosier: Did you determine the parking spaces by each entity? Mr. Nagy: We did it both ways. The square foot of each entity and also by taking it as a group commercial center there would be 1,000 spaces short on an individual basis. So we took the lesser of the two and still come up with a deficiency as a result of the addition of the restaurant. 5487 Mr. Strat: The original plan called for two buildings. Mr. Andrew: They are deficient then in two areas of the ordinance, parking spaces and parking sizes. Do they comply with the egress and ingress? Mr. Nagy: Yes, they do. Mr. Andrew: Does the building you propose to erect meet all the fire codes? Mr. Strat: Yes, we have never had any problem complying with code. Mr. Falk: I feel there are too many restaurants in that area right now. Mr. Poris: We feel that this restaurant is 'conducive to this center. We have carried on our plans room for two buildings on our property. The one building was to be 7,000. This building is only going to be 5,000. Mr. Falk: Wickes people are parking in your area. Mr. Poris: I am happy that you point out that we have an excess of parking and we can accommodate Wickes. We feel we have room for a restaurant on our premises. Mrs. Taylor: Am I correct in assuming that the parking is deficient both ways you compute it? Mr. Nagy: I would be, yes. Mr. Merrion: The parking spaces would comply with width but not area? Mr. Nagy: That is right? Mr. Merrion: How can we approve anything that is not complying? Mr. Nagy: We cannot go back and have them restrip but we can insist that any new structure and parking constructed in conjunction with it be based on the new standard of parking spaces. 5488 Michael Med: We do not lease parking spaces. We lease store Attorney spaces. We do not give store owners any committment for Livonia to use parking spaces in any spot. No one has any Mall right to use any one space. They can park anywhere they want. Sears owns their own property. There is cross rights to use all parking area. The site plan that was approved some years ago was approved for future expansion. It has always been the idea of Klein and Shenkman to put another restaurant on this parcel. This reserved site was to have a building 7500 square ft. The building will now only be 5000 square ft. I believe that we have every right to utilize building area of less than 7500 square ft. All the architect was trying to do was work with Mr. Nay in putting the parking area behind the restaurant. Mr. Andrew: There was never any formal site plan approved years ago that was required by ordinance. Mr. Med: What I mean is that the plan showed future expansion. Mr. Andrew: There are 128 parking spaces which must now meet the parking space width as set down by the Ordinance of the City of Livonia. Mr. Pinto: Do you agree and do you understand this? Are you unwilling to provide 128 spaces that meet the present requirements in width and length? Mr. Med: From our standpoint we thought that there is a surplus of parking spaces under any theory. If I am forced to answer the question then I would have to say that I am unaware that we are deficient in parking spaces. Mr. Hand: Since we are involved in a technical discussion it seems reasonable that we might table this and give the petitioner a chance to research this and give the Commission the same chance to research this. Mr. Med: I think that this is a very good idea. Every lease that I have prepared would allow short form lease for provision of parking spaces but not for exclusive use of parking spaces. else There was no one/present wishing to be heard and the Chairman closed the Public Hearing on this item. 5489 On a motion duly made by Mx. Hand, seconded by Mrs. Taylor and unanimously adopted it was, #1-5-74 RESOLVED that, pursuant to a public hearing having been held on January 15, 1974 on Petition 73-12-2-27 as submitted by Rustler Steak House requesting to be granted a waiver use approval to construct a family style steak house restaurant on property located at the northwest corner of Seven Mile and Middlebelt Roads in the Southeast 1/4 of Section 2, the City Planning Commission does hereby determine to table this petition to the Study Meeting of February 19, 1974. The Chairman declared the motion. carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 73-4-6-10 (rehearing) - initiated by the City Council, pursuant to Council Resolution #230-73 to amend Article XIV of Ordinance #543, the Zoning Ordinance of the City of Livonia, by adding thereto Section 14.06, Site Plan Review and Approval and Section 14.07, Waiver Uses, so as to provide more uses in the R-E Zoning District. At this time the Chairman passed the gavel to Mr. Falk, the Secretary. Mr. Damanian: What are you talking about when you are talking KOAC Rep. about R-E? Mr. Nagy explained the change in the amendment. Mr. Pinto: The Kimberley Oaks Subdivision and residents to the west were to meet with Mr. Burton. Mr. Nagy read a letter from the KOCA signed by their president Mr. Matika. Mr. Damanian: I have just been elected to the board of the Kimberley Oaks Subdivision and the letter Mr. Nagy read still stands. else There was no one/present wishing to be heard and the Secretary closed the hearing on this item. On a motion duly made by Mr. Hand, seconded by Mr. Talbot and adopted it was , #1.6-74 RESOLVED that, pursuant to a Public Hearing having been held on January 15, 1974 on Petition 73-4-6-10 (rehearing) as submitted by the City Council, pursuant to Council Resolution #230-73 to amend Article XIV of Ordinance #543, the Zoning Ordinance of City of Livonia, by adding thereto Section 14.06, Site Plan Review and Approval and Section 14.07, Waiver Uses, so as to provide more uses in the R-E Zoning District, the City Planning Commission does hereby recommend to the City Council that • 5490 Petition 73-4-6-10 be approved for the following reasons: (1) This is a needed tool to regulate and control the development of the City of Livonia. (2) The proposed amendment would provide a greater degree of flexibility of land use within the R-E Zoning District regulations by the provisions of waiver use classification. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of December 21, 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. A roll call vote resulted in the following: AYES: Friedrichs, Merrion, Pinto, Talbot, Taylor, Hand, Falk NAYS: None ABSTAIN: Andrew ABSENT: Kluver Mr. Falk declared the motion carried and the foregoing resolution adopted. Acting The Chairman returned the gavel to Mr. Andrew at this time. i Mr. Falk announced the next item on the agenda, Petition 73-12-6-16 by the City Planning Commission to amend Section 11.02 of Ordinance #543, the Zoning Ordinance of the City of Livonia, by deleting from the Permitted Uses of the C-2 Zoning District enclosed theaters and by adding language to clarify the meaning of "assembly halls". 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. Merrion, seconded by Mr. Hand and adopted it was, #1-7-74 RESOLVED that, pursuant to a public hearing having been held on January 15, 1974 on Petition 73-12-6-16 as submitted by the City Planning Commission to amend Section 11.02 of Ordinance #543, the Zoning Ordinance of the City of Livonia, by deleting from the Permitted Uses of the C-2 Zoning District enclosed theaters and by adding language to clarify the meaning of "assembly halls", the City Planning Commission does hereby recommend to the City Council that Petition 73-12-6-16 be • approved for the following reasons: (1) The proposed amendment is necessary to fully implement the recently approved language amendment that made, 1:, henceforth, enclosed theaters waiver uses within the C-2 District regulations. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, he Livonia Observer, under date of December 21, 1973 and notice of such hearing 5491 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Merrion, Talbot, Taylor, Hand, Andrew, Falk NAYS: Pinto ABSENT: Kluver The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Ealk announced the next item on the agenda, letter dated December 6, 1973 from David A. Perry, Attorney, requesting a one-year extension of the approval of Petition 70-11-2-22 by Gregory Saragosa requesting to be granted a waiver Use approval to erect, and operate a restaurant with a Class C Liquor License on property located on the south side of Plymouth Road between Levan and Ann Arbor Roads in Section 13. On a.motion duly made by Mr. Hand, seconded by Mrs. Freidrichs and adopted it was, #1-8-74 RESOLVED that, pursuant to a request dated December 6, 1973 from David A. Perry, Attorney requesting an extension of approval of Petition 70-11-3-22 by Gregory Saragosa request- ing to be granted a waiver of use approval to erect and operate a restaurant with a Class C Liquor License on property located on the south side of Plymouth Road between Levan and Ann Arbor Roads in Section 32, the City Planning Commission does hereby recommend to the City Council that an extension be granted for a period not to exceed six months. A roll call vote on the foreoing resolution resulted in the following: AYES: Friedrichs, Pinto, Talbot, Taylor, Hand, Andrew, Falk NAYS: Merrion ABSENT: Kluver The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Council Resolution #972-73 referring Petition 73-7-1-26 by Mario Fallone for a change of Zoning on property located on the southwest corner of Seven Mile Road and Brentwood in the Northwest 1/4 of Section 12, from R-1 and RUF to C-1, back to the City Planning Commission for further consideration and thereafter a new report and recommendation. On a motion duly made by Mr. Hand, seconded by Mr. Falk and adopted it was, #1-9-74 RESOLVED that, pursuant to Council Resolution #972-73 referring Petition 73-7-1-26 by Mario Fallone for a change of zoning on property located on the southwest corner of ILle Seven Mile Road and Brentwood in the Northwest 1/4 of Section 12, from R-1 and RUF to C-1, back to the City Planning Commission for further consideration, the City Planning Commission does hereby reaffirm its position taken with respect to this petition and deny this change 5492 of zoning for the same reasons as set forth in the Planning Commissionl's Resolution #8-201-73, date 8/14/73. A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Merrion, Pinto, Taylor, Hand, Andrew, Falk NAYS: Talbot ABSENT: Kluver The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Council Resolution #901-73 requesting a report and recommendation from the City Planning Commission with regard to a one year extension of the approval of Petition 72-5-2-10 by St. Mary's Orthodox Church requesting to be granted a waiver use approval to erect a church on property located on the east side of Merriman Road between Six Mile Road and Seven Mile Road in the Southwest 1/4 of Section 11. On a motion duly made by Mr. Hand, seconded by Mr. Pinto and unanimously adopted it was, #1-10-74 RESOLVED that, pursuant to Council Resolution #901-73 requesting a report and recommendation from the City Planning Commission with regard to a one year extension of the approval of Petition 72-5-2-10 by St. Mary's Orthodox Church requesting to be granted a waiver use approval to erect a church on property located on the east side of Merriman Road between Six Mile Road and Seven Mile Road in the Southwest 1/4 of Section 11, the City Planning Commission does hereby determine to grant an extension for a one year period from the date of this resolution. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, Petition 73-7-1-28 by Burton Share, Inc. , requesting to rezone property located on the west side of Farmington Road, north of Schoolcraft Road in the Southeast 1/4 of Section 21, from R-2 to R-E. The Chairman passed the gavel to the Secretary at this time. On a motion duly made by Mr. Talbot, seconded by Mrs. Friedrichs it was, RESOLVED that, pursuant to a Public Hearing having been held on August 14, 1973 on Petition 73-7-1-28 as submitted by Burton Share Inc. , requesting to rezone property located on the west side of Farmington Road, north of Schoolcraft Road in the Southeast 1/4 of Section 21, from R-2 to R-E, the City Planning Commission does hereby recommend to the City Council that Petition 73-7-1-28 beIL; approved for the following reasons: 5493 (1) The proposed zoning change will provide for uses that will not adversely affect or be detrimental to the surrounding uses of the area. (2) The proposed zoning change will provide for uses that will essentially be low traffic generators and therefore will not adversely affect the traffic-carrying capacity of the abutting roads. (3) The proposed zoning change will provide for uses that, in general, are low in intensity of use by way of off street parking, hours of operation, sign requirements and numbers of days during the week open for business. (4) The standards of the R-E District regulations are adequate to control and properly regulate the site development of subject property. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of July 25, 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. A roll call vote resulted in the following: AYES: Friedrichs, Merrion, Talbot NAYS: Falk, Pinto, Hand ABSTAIN: Andrew, Taylor ABSENT: Kluver The Acting Chairman declared the motion failed for lack of support. On a motion duly made by Mr. Hand, seconded by Mrs. Taylor and adopted it was , #1-11-74 RESOLVED that, pursuant to a public hearing having been held on August 14, 1973 on Petition 73-7-1-28 as submitted by Burton Share Inc. , requesting to rezone property located on the west side of Farmington Road, north of Schoolcraft Road in the Southeast 1/4 of Section 21, from R-2 to R-E, the City Planning Commission does hereby determine to table this item to the February 5, 1974 Regular Meeting. A roll call vote on the foregoing resolution resulted in the fo llcwing: AYES: Friedrichs, Merrion, Talbot, Falk, Pinto, Hand, Taylor NAYS: None ABSTAIN: Andrew ABSENT: Kluver The Acting Chairman declared the motion carried and the foregoing resolution adopted. 5494 The Acting Chairman returned the gavel to Mr. Andrew at this time. Mr. Falk announced the next item on the agenda, motion by the City Planning Commission on its own motion to rezone property located on the south side of Ann Arbor Road between Newburgh and Horton Avenue in the Northeast 1/4 of Section 31, from C-1 to R-1. On a motion duly made by Mr. Hand, seconded by Mr. Merrion and unanimously adopted it was, #1-12-74 RESOLVED that, pursuant to Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to rezone property located on the south side of Ann Arbor Road between Newburgh and Horton Avenue in the Northeast 1/4 of Section 31, from C-1 to R-1. 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 utility 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. Falk announced the next item on the agenda, approval of the 266th Regular Meeting held by the Planning Commission on November 13, 1973. On a motion duly made by Mr. Hand, seconded by Mr. Merrion and unanimously adopted it was, #1-13-74 RESOLVED that, the minutes of the 266th Regular Meeting of the Planning Commission held on November 13, 1973 are approved. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, approval of the minutes of the 294th Special Meeting held by the Planning Commission on November 20, 19 73. On a motion duly made by Mr. Hand, seconded by Mrs. Friedrichs and unanimously adopted it was, #1-14-74 RESOLVED that, the minutes of the 294th Special Meeting of the Planning Commission held on November 20, 1973 are approved. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, approval of the minutes of the 267th Regular Meeting held by the Planning Commission on November 27, 1973. 5495 • On a motion duly made by Mr. Hand, seconded by Mrs. Friedrichs and unanimously IL adopted, it was #1-15-74 RESOLVED that, the minutes of the 267th Regular Meeting of the Planning Commission held on November 27, 1973 are approved. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, approval of the minutes of the 295th Special Meeting held by the Planning Commission on December 4, 1973. r On a motion duly made by Mr. Hand, seconded by Mr. Merrion and unanimously adopted it was, #1-16-74 RESOLVED that, the minutes of the 295th Special Meeting held by the Planning Commission on December 4, 1973 are approved. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda, approval of the minutes of the 296th Special Meeting held by the Planning Commission ' December 11, 1973. On a motion duly made by Mrs. Friedrichs, seconded by Mr. Talbot and adopted IL' it was, #1-17-74 RESOLVED that, the minutes of the 296th Special Meeting held by the Planning Commission on December 11, 1973 are approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Merrion, Pinto, Talbot, Taylor, Andrew, Falk ABSTAIN: Hand, ABSENT: Kluver The Chairman declared the motion carried and the foregoing resolution adopted. On a motion duly made and seconded the 269th Regular Meeting was adjourned at 12:30 a.m. CITY PLANNING COMMISSION , 1►�- C, Jos-ph J. Fal Secretary i ATTEST: ILso dt-,ef- Daniel R. Andrew` Chairman