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HomeMy WebLinkAboutPLANNING MINUTES 1975-09-16 /7b MINUTES OF THE 302nd REGULAR MEETING AND PUBLIC HEARIN ; HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVOOIIA On Tuesday, September 16, 1975, the City Planning Commission of the City of Livonia, 3 held its 302nd Regular Meeting in the Livonia City Hall, 33001 Five Mile Road, 1[101 Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the meeting to order at 8:05 p.m. Members Present: Daniel R. Andrew Francis M. Hand Joseph J. Falk . Charles Pinto Esther Friedrichs William Scruggs Joseph Talbot Members Absent: Herman Kluver Suzanne Wisler Messrs. John J. Nagy, Planning Director, H G Shane, Planner IV; Ralph H. Bakewell, Planner IV; Robert M. Feinberg, Assistant City Attorney were also present. The Secretary announced the first item on the agenda, Petition 75-8-2-23 by the Lords House requesting waiver use approval to construct a church on property located on the west side of Newburgh Road between Joy Road and Ann Arbor Trail in the Southeast 1/4 of Section 31. Mr. Nagy: There is a letter in file from the Engineering Department. Also a letter from Parks & Recreation Superintendent, requesting rejection of the petition. Frank Martin: The Lord's House presently occupies a site at Ann Arbor Architect Road and Ann Arbor Trail. They originally asked for 4033 Springer leasing of additional land for parking. There was not Royal Oak,Mich. sufficient land for parking so they acquired this land which is approximately 6 acres. There is a sanitary sewer that runs east and west. The west 3/8 of the site would be unoccupied land and the church would set back from the road. Mr. Andrew: Do you know whether they have an option to purchase or not? John Kostin: We were knocked down from the other land we wanted. We Preacher of purchased this property and with the confusion and commotion Church that this corner created we bought this large piece of property. We owe $20,000, we bought it for $50,000. Mr. Andrew: How would you overcome the lack of storm sewers? Mr. Martin: It would be dependent upon the sewer that goes down Newburgh Road. Until it goes through, we would have to do something in the way of a retention basin. Mr. Andrew: You are speaking of Livonia Drain #29. Mr. Martin: Yes. ILMr. Andrew: Will the residence fronting on Newburgh remain as a residence? Mr. Martin: • Yes. 5875 Mr. Scruggs: What is your plan For the existing facilities at Ann Arbor Trail? Reverend: We would have to sell that property. We would not run both places. ,ihme Mr. Falk: What type of worship will exist there? Reverend: I am the overseer. We work a little different than a nominal church. We work for the community. We rehabilitate We have a farm. We work with the police department. We work with kids. We do have music that children like. We have toned it down. Mr. Falk: We have a lot of qualified groups in the community to do this work. Reverend: We are not a rehabilitation center. We have a farm that we take the kids to. These methadone programs do not work. But what we profess "God", that works. Mr. Hand: Did you know this was part of the.Master Park and School Plan? Reverend: No, we did not know that. Mr. Hand: My understanding is that as long as this is on the Master Park Plan I think this land is "frozen" and that means you would not be able to get a permit to build there. I think it will be extremely difficult to make a decision here tonight. l' Mrs. Friedrichs: If this were not on the Master School and Park Plan, I would approve this location. Bernie Powell: I have picked up many hitchhikers on the way to the Lords House. 30080 Brookview I talked to these people and they have told me of how wonderful this Lord's house is. I have run across kids in gas stations working that keep praising the Lord's House. I think this is something we need right now. I really believe that God has chosen this site. J. Seog: Will you notify the public again? 36906 Ann Arbor Tr. Mr. Andrew: We will notify you by telephone when the next meeting on this item will occur. The following wish to be notified of October 7, study meeting. Shirley Reinhold Mr. Seog James Remy 8 Fairmont Ct. 36906 Ann Arbor Tr. 9419 Newburgh Road Dearborn 561-2580 Livonia Ga. 7-1994 Livonia 261-1966 There was no one else wishing to be heard and the Chairman closed the public hearing on this item. ILOn a motion duly made by Mrs. Friedrichs, seconded by Mr. Scruggs and unanimously adopted, it was 58/ #9-193-75 RESOLVED that, pursuant to a puhlic hearing having been held on Petition 75-8-2-23 by the Lords House requesting waiver use approval to construct a church on property located on the west side of Newburgh Road between Joy Road and Ann Arbor Trail in the Southeast 1/4 of Section 31, the City Planning Commission does hereby determine to table this item until the study meeting of October 7, 1975. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, Petition 75-7-2-19 by Shell Oil Company requesting waiver use approval to construct a self service gasoline facility on property located on the north side of Six Mile Road between Newburgh and Fitzgerald in the Southwest 1/4 of Section 8. Mr. Nagy: We have a letter on file from the Police Department which recommends denying this petition. There are also letters on file from the Division of Engineering, Fire Marshall, Chief Building Inspector and Consumers Power. Mr. Nagy read into the record all of the above written reports. Mr. Andrew: Did Greenfield offer to purchase this property? John Bell: Greenfield offered us $50,000 and we turned it down. We Shell Oil Representative have received an offer from Friendly Ice Cream of California 16242 Edgewood who have sent us a check for $8,000 and a committment of Livonia $80,000. Our Houston office turned it down. I advised Greenfield that we would accept $80,000 without contingencies. In short, Shell has changed their mind. If this is such a good site, we were advised, why not build on it. We want to build on it. We want to build there because of Laurel Park. We do not generate traffic. We take from the traffic that is there. Mr. Andrew: What about the side yard? Mr. Nagy: They must honor a side yard on both mile roads. Mr. Bell: We will comply with the Ordinance. Mr. Andrew: Your site is still deficient. Mr. Bell: I do not think that' is right. Mr. Andrew: Have you been contacted by City of Livonia or Wayne County Road Commission relative to acquiring ROW for widening Six Mile Rd. Mr. Bell: No, we have not. We own 150 ft. x 150 ft. Mr. Andrew: Has anyone tried to contact Shell Oil about acquisition of right-of-way: Mr. Nagy: I just know of the City attempts to acquire 30 ft. in area Mr. Andrew: I am of the opinion that the lot is deficient/ and should not • be before this body this eveni-Tg. 5877 Mr. Feinberg: I believe that they Master Thoroughfare Plan would be of record and would impinge on this matter. lb Mr. Andrew: Until relief is obtained from the ZoningBoard of this body cannot act on this petition. Appeals, Mr. Hand: This body can deny this petition. ' Mr. Pinto: Can the Zoning Board of Appeals act on this matter? Mr. Hand: • They can act on the side yard set back. They cannot act on the area deficiency. Mr. Feinberg: I believe that Zoning Board of Appeals cannot take action relative to the deficient lot size. Ed Keifer: There have been specific comments made relative to the gas station. We feel there are too many "cuts" in that area now. There was no one else 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. Scruggs and unanimously adopted, it was #8-193-75 RESOLVED that, pursuant to a public hearing having been held on Petition 75-7-2-19 by Shell Oil Company requesting waiver use approval to construct a self-service gasoline facility on property located north side of Six Mile Road between Newburgh and Fitzgerald in the Southwest 1/4 of Section 8, the City Planning Commission does hereby recommend to the City Council that Petition 75-7-2-19 be denied for the following reasons: (1) The proposed use is not of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood. (2) The location and size of the proposed use, the nature and intensity of the principal use, the site layout and its relation to streets giving access to it, are such that traffic to and from the use and the assembly of persons in connection therewith, will be hazardous and inconvenient to the neighborhood and would unduly conflict with the normal traffic of the neighborhood. (3) The proposed use does not comply with the special requirements and regulations provided in Section 19.06(f) for such use in the following ways: 1. A minimum area of not less than 22,500 square feet is required by Section 11.03 (a) of Zoning Ordinance #543 for gasoline service stations; 18,000 square feet is provided. 2. Side yard requirement as set forth in Section 11.03(a) of Zoning Ordinance #543 for such use is 20 feet; 5 feet is provided. 3. The maximum sign area allowed by Section 18.50E is 20 square feet at a 10' setback; 64 square feet at a 10' setback is provided. 5878 (4) The proposed site plan is in conflict with Part I of the Master lb; Plan of the City of Livonia, known as the Master Thoroughfare Plan, since the site plan indicates a right-of-way line on Six Mile Road as being 60' north of the centerline of Six Mile Road when, in fact, the Master Thoroughfare Plan proposes 90' . (5) The proposed use is in conflict with the goals and policies for land use as adopted by the Planning Commission in connection with the Future Land Use Plan for the reason that gasoline service station uses are provided for as highway oriented uses which are recommended to be developed in association with the I-275/I-96 Freeway corridor as opposed to the mile road/thoroughfare intersections. (6) The proposed landscape plan is in conflict with the Wayne County Road Commission's policy with regard to landscaping within the public right-of-way for the reasons that the plan proposes physical structures in the right-of-way which would be hazardous to errant traffic, render difficult access to utilities and hinder right-of- way maintenance. FURTHER RESOLVED that, notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. ILThe Secretary announced the next item, Petition 75-8-2-20 by Mohammed Ismail requesting waiver »se approval to operate an auto electric shop and auto repair business within an existing building located on the south side of Schoolcraft Road between Stark and Wayne Roads in the North 1/2 of Section 28. Mr. Andrew: What bay will he operate? Rep. of Owner: 34009 Schoolcraft is the area he will be operating. Mr. Andrew: Will you operate 6 days per week? Mr. Ismail: Probably in the beginning, 7 days. Mr. Hand: Will you be working by appointment? Mr. Ismail: Yes. Mr. Hand: Will there be any cars parked overnight? Mr. Ismail: No. There was no one else wishing to be heard and the Chairman closed the public hearing. On a motion duly made by Mr. Talbot, seconded by Mr. Scruggs and unanimously adopted, it was L #9-194-75 RESOLVED that, pursuant to a public hearing having been held on Petition 75-8-2-20 by Mohammed Ismail requesting waiver use approval to operate an auto electric shop and auto repair business within an existing building 5879 located on the south side of Sc!ioolcraft Road between Stark and Wayne Roads in the North 1/2 of Section 28, the City iLle Planning Commission does hereby recommend to the City Council that Petition 75-8-2-20 be approved subject to the following condition: (1) That Site Plan dated 9/16/75 which is hereby approved shall be adhered to. for the following reasons: (1) The proposed use complies with Section 16.11(a) of Zoning Ordinance #543, M-1 District regulations. (2) The proposed use would not be detrimental to nor adversely affect the surrounding uses of the area as the site has sufficient capacity to accommodate the intended use. FURTHER RESOLVED, that notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, Rehearing pursuant to Council Resolution #472-75 of Petition 72-7-1-37 by Harold Fischer for Edward Elsner and J.J. Antonishek to rezone property located on the north side of Ann Arbor Trail between Levan and Wayne Roads in the Southeast 1/4 of Section 32, from RUF to R-7, IL Richard Weinberg: Mr. and Mrs. Morley have conducted a nursery on this site. 15611 Hoffman Beaver Investors have made offer to purchase for $120,000. Representing M,M.Morley Mr. Hand: I think the multiple use here is excellent. Mr. Oshman 35589 Ann Arbor Tr. I object on the basis of traffic. Bob Bonart: People in the area are opposed to the zoning being changed 35667 Dover from RUF to R-7. Bob Lehout: Has there been a traffic count made in this area? 35631 Dover Mr. Andrew: I do not believe so. Mr. Hand: If we allow an extension of time for people in the area to muster their forces, would this create a hardship? Mr. Weinberg: No, it would not. 100 Mrs. Friedrichs: I feel the people in that area have known about this for quite a while. They have had at least 15 days advance • notice of this public hearing. Isaac Madden: I would like to ask that this be postponed for at least two weeks. 35636 Dover • 5880 Eva Gibson: I am not in favor of apartments. IL 8917 Newburgh There was no one else wishing to be heard and the Chairman closed the public hearing. • On a motion duly made by Mr. Hand, seconded by Mrs. Friedrichs and adopted, it was #9-195-75 RESOLVED that, having held a Public Hearing on August 15, 1972 on Petition 72-7-1-37 as submitted by Harold Fischer for Edward ' Elsner and J. J. Antonishek requesting to rezone property located on the north side of Ann Arbor Trail between Levan and Wayne Roads in the Southeast 1/4 of Section 32, from RUF to R-7 and thereafter having made a recommendation to the City Council by Resolution #8-208-72, adopted on August 15, 1972, that Petition 72-7-1-37 be approved; and having conducted a new Public Hearing, as requested by the City Council in Resolution #472-75, on September 16, 1975, the City Planning Commission does hereby reaffirm its action taken in Resolution #8-208-72 and recommends to the City Council that Petition 72-7-1-37 be approved for the following reasons: (1) the proposed zoning change will provide for uses that will be compatible to and in harmony with the surrounding uses of the area; (2) the proposed zoning change will provide for uses that will l[e be consistent with new development occurring within the area; • (3) the area of the proposed zoning change is of sufficient size; shape and location to accommodate the permitted land uses; (4) the increase in intensity of the land use permitted by the R-7 Zoning District will be complemented by the openness of the parkway abutting the site to the north; and (5) the proposed change of zoning is consistent with the Future Land Use Plan recommendations. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper the Observer-Eccentric under date of August 28, 1975 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, Scruggs, Pinto, Talbot, Hand, Andrew NAYS: Falk ABSENT: Kluver, Wisler The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, re=hearing pursuant to Council Resolution #617-75 of Petition 71-6-1-47 by Steve and 10 Anna Oliwek to rezone property located on the west side of Newburgh Road, south of Six Mile Road in the Northeast 1/4 of Section 18 from R-3B to P.S. 1 5881 D. Deremo: This petition .is quite old. We still want to build a medical clinic. teEd. Keifer: There is too much traffic in this area. 16887 Fitzgerald J There was no one else wishing to be heard and the Chairman closed the public hearing. On a motion duly made by Mr. Talbot and seconded by Mr. Hand, it was #9-196-75' RESOLVED that, having held a Public Hearing on August 10, 1971 on Petition 71-6-1-47 as submitted by Steve and Anna Oliwek requesting to rezone property located on the west side of Newburgh Road, south of Six Mile Road in the Northeast 1/4 of Section 18, from R-3-B to P. , and thereafter having made a recommendation to the City Council by Resolution #9-256-71, adopted on September 21, 1971, that Petition 71-6-1-47 be approved; and having conducted a new Public Hearing, as requested by the City Council in Resolution #617-75, on September 16, 1975, the City Planning Commission does hereby determine to rescind its action taken in Resolution #9-256-71 and recommends to the City Council that Petition 71-6-1-47 be denied for the following reasons: (1) The proposed change of zoning is in conflict with the future land use recommendations as set forth on the Future Land Use Plan adopted by the Planning Commission on June 10, 1975. (2) The proposed change of zoning will provide for uses that will IL be detrimental to and not in harmony with the surrounding and established residential uses of the area. (3) The proposed change of -'oning represents spot zoning in that the area proposed for a change of zoning is physically small in size and the proposed use would be unrelated to the established and permitted uses of the nearby residential neighborhood. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper the Observer-Eccentric under date of August 28, 1975 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 on the foregoing resolution resulted in the following: AYES: Scruggs, Pinto, Talbot, Hand, Falk, Andrew NAYS: Friedrichs ABSENT: Kluver, Wisler The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item, rehearing pursuant to Council Resolution #594-75 of Petition 73-5-1-19 by Michael J. Talbot, Attorney for Barbara Saperstein, to rezone property located on the north side of Joy Road between Newburgh and Stonehouse in the Southeast 1/4 'of Section 31, from RUF to R-7. i 5882 Eva Gibson: I am not in favor of apartments. 8917 Newburgh There was no one else wishing to be heard and the Chairman closed the public hearing. • On a motion duly made by Mr. Hand, seconded by Mr. Scruggs it was, #9-197-75 RESOLVED that, having held a Public Hearing on June 12, 1973 on Petition 73-5-1-19 as submitted by Michael J. Talbot, Attorney for Barbara Saperstein requesting to rezone property located on the north side of Joy Road between Newburgh and Stonehouse in the Southeast 1/4 of Section 31, from R-1 to R-7 and thereafter having made a recommendation to the City Council by Resolution #6-146-73, adopted on June 12, 1973, that Petition 73-5-1-19 be approved, and having conducted a new Public Hearing, as requested by the City Council in Resolution #594-75, on September 16, 1975, the City Planning Commission does hereby reaffirm its action taken in Resolution #6-146-73 and recommends to the City Council that Petition 73-5-1-19 be approved for the following reasons: (1) The proposed zoning change will provide for uses that are compatible with the surrounding uses of the area. (2) The proposed zoning change to provide for a multi-family district is complemented by the adjacent school lands to the north and commercial lands to the east. The zoning change will be in harmony with the planned multi-family uses to the south located in the bordering community of Westland. (3) The community facilities, roads and institutions are capable of handling the increase in intensity of use as will be generated by this proposed change in zoning. (4) The proposed change of zoning is consistent with the future land use recommendations as set forth in the Future Land Use Plan adopted by the Planning Commission on June 10, 1975. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper the Observer-Eccentric under date of August 28, 1975 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 on the foregoing resolution resulted in the following: AYES: Friedrichs, Scruggs, Pinto, Hand, Falk, Andrew NAYS: None ABSTAIN: Talbot ABSENT: Wisler, Kluver The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item, Petition 75-7-1-23 by Jane M. Hass and Jessie Blanock to rezone property located on the north side of Seven Mile Road, east of Gill Road in the Southeast 1/4 of Section 4, from RUF to R-7. 5883 Mr. Nagy: The Engineering Department advises there are no sanitary sewers. Dr. Jane M. Haas: I bought this property 18 years ago to build a home and • office. I was told that in about 5 years sewers would go in. I later found that the City had no plans for putting in sewers in that area. There was no one else wishing to be heard and the Chairman closed the public hearing. ' On a motion duly made by Mr. Hand, seconded by Mr. Falk and unanimously adopted, it was #9-198-75 RESOLVED that, pursuant to a public hearing having been held on September 16, 1975 on Petition 75-7-1-23 by Jane M. Hass and Jessie Blanock to rezone property located on the north side of Seven Mile Road, east of Gill Road in the Southeast 1/4 of Section 4, from RUF to R-7, the City Planning Commission does hereby determine to table this item until September 30, 1975. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item, Petition 75-8-1-24 by David S. Gazale to rezone property located on the south side of Eight Mile Road between Osmus and Parker Avenues in the northeast 1/4 of Section 3, from M-L to C-3. D. Gazale: I want this property to put a restaurant in that area. Owner of Shopping Ctr. Five Mile & Harrison, also owner of Int. Gourmet Mr. Scruggs: What kind of restaurant are you proposing? Mr. Gazale: Luncheon and dinner restaurant on the order of steaks and hamburgers. Mr. Falk: Will you operate the restaurant yourself? Mr. Gazale: Myself and my sons. G.G.Tobin: I have no objection to this proposalif all of the property Property owner in this block is rezoned. immediately west There was no one else wishing to be heard and the Chairman closed the public hearing. On a motion duly made by Mr. Hand, seconded by Mr. Talbot and unanimously adopted, it was 5 ...mm #9-199-75 RESOLVED that, pursuant to a public hearing having been held on September 16, 1975 on Petition 75-8-1-24 by David S. Gazale to rezone property located on the south side of Eight Mile Road between Osmus and Parker Avenues in the Northeast 1/4 of Section 3, [re from M-L to C-3, the City Planning Commission does hereby recommend to the City Council that Petition 75-8-1-24 be denied for the following reasons: (1) The proposed change of zoning so as to convert industrial lands to commercial is inconsistent with the Future Land Use Plan • which recommends the preservation of the industrial corridor in this location. (2) The proposed change of zoning represents a spot zoning in that the proposed area under petition is relatively small and proposes uses that are unrelated to and incompatible with the surrounding and established uses of the area. (3) The proposed change of zoning to commercial, if approved, would tend to encourage the further expansion of commercial uses in this area and would tend to erode and diminsh the industrial potential of this area. (4) The Industrial Coordinator, in a letter dated September 9, 1974, recommends against the proposed change of zoning. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaer the Observer-Eccentric under date of August 28, 1975 and a notice of such hearing was sent to the Detroit Edison Company, Consumers Power Company, Michigan Bell Telephone Company, Chesapeake & Ohio Railway Company and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item, Petition 75-8-1-25 by Sam Hryckowian to rezone property located on the north side of Six Mile Road, west of Middlebelt Road in the Southeast 1/4 of Section 11, from R-1 to C-2. Mr. Charest: We seek your approval of this petition. I feel it is a desirable and proper use. Mr. Plymley: This property abuts my property in the back and I object to this. Glen Latey: What is the plan for this area? Mr. Nagy: It calls for medium density of residential. Mr. Latey: I do not see any need for parking. A. McKenzie: What is medium density? Mr. Andrew: Four to 14 units per acre. There was no one else wishing to be hean3 and the Chairman closed the public hearing. 5885 On a motion duly made by Mr. Hand, seconded by Mr. Scruggs and unanimously adopted, it was #9-200-75 RESOLVED that, pursuant to a public hearing having been held on 110:SSeptember 16, 1975 on Petition 75-8-1-25 by Sam Hryckowian to rezone property located on the north side of Six Mile Road, west of Middlebelt Road in the Southeast 1/4 of Section 11, from R-1 to C-2 the City Planning Commission does hereby recommend to the City Council that Petition 75-8-1-25 be denied for the following reasons: (1) The proposed change of zoning to C-2 would not promote the orderly growth and development of the surrounding area but would tend to encourage the further expansion of commercial zoning in this area. (2) Six Mile Road is not sufficiently developed in this location to accommodate the increased traffic flow that would be generated by an expansion in commercial zoning in this location. (3) The proposed change of zoning is inconsistent with the Future Land Use Plan recommendations for this area which proposes a medium density residential land use for this location as a buffer and transitional zone to protect the abutting residential neighborhood from the adverse affects of the commercial development located to the east. 1110 FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper the Observer Eccentric under date of August 28, 1975 and a notice of such hearing was sent to the Detroit Edison Company, Consumers Power Company, Chesapeake & Ohio Railway Company and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution was adopted. The Secretary announced the next item, Petition 75-7-1-26 by the City Planning Commission pursuant to Council Resolution #526-75 to rezone property located on the south side of Six Mile Road between Middlebelt and Merriman Roads in the Northeast 1/4 of Section 14, from RUF to P. Mr. Nagy: Consumers Power have no objection. Mr. Vargo: This zoning change was requested by the City Council so that the full site area that I petitioned for could be zoned to accommodate my restaurant operation. There was no one else wishing to be heard and the Chairman closed the public hearing. On a motion duly made by Mrs. Friedrichs, seconded by Mr. Falk and unanimously adopted, it was #9-201-75 RESOLVED that, pursuant to a public hearing having been held on September 16, 1975 on Petition 75-7-1-26 by the City Planning Commission pursuant to Council Resolution #526-75 to rezone property located on the south side of Six Mile Road between Middlebelt and Merriman Roads in the Northeast 1/4 of Section 14, from RUF to P, the City Planning Commission does hereby recommend to the City Council that Petition 75-7-1-26 be approved for the following reasons: 5886 (1) The proposed change or zoning would remove an unrelated and incompatible RUF zoning classification from a tax parcel of record wherein the established use existing on the property is of a commercial nature. (2) • The proposed change of zoning to the offstreet parking classification will provide for uses that would be limited to offstreet parking only and parking uses, when adequately developed, well screened and sufficiently landscaped, are not detrimental to abutting residential uses. (3) The proposed change of zoning so as to allow an expansion of parking uses is a reasonable trade-off as a means to eliminate an area zoned commercial fronting along Six Mile Road which area is currently used for parking and would eliminate same from consideration for future commercial development. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper the Observer-Eccentric under date of August 28, 1975 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company Michigan Bell Telephone Company and Consumers Power Company and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. The next item on the agenda, Petition 75-7-1-27 by the City Planning Commission pursuant to Council Resolution #527-75 to rezone property located on the south side of Six Mile Road between Merriman and Middlebelt Roads in the Northwest 1/4 of Section 14, from C-1 to RUF. Mr. Vargo: I object to the change for reason of downgrading the zoning to RUF. I thought the City Council requested a PS classification for this property. Mr. Nagy: The Council Resolution does not specify a zoning classification. Just some other more appropriate classification. Mr. Falk: I am symphathetic to Mr. Vargo's feelings on this matter. There was no one else wishing to be heard and the Chairman closed the public hearing. On a motion duly made by Mrs. Friedrichs, seconded by Mr. Scruggs and unanimously adopted it was #9-202-75 RESOLVED that, pursuant to a public hearing having been held on September 16, 1975 on Petition 75-7-1-27 by the City Planning Commission pursuant to Council Resolution #527-75 to rezone property located on the south side of Six Mile Road between Merriman and Middlebelt Roads in the Northwest 1/4 of Section 14, from C-1 to RUF, the City Planning Commission does hereby recommend to the City Council that Petition 75-7-1-27 be approved for the { following reasons:. (1) The subject C-1 zoning classification is inappropriate to the area for reasons that with the expansion of the parking zone to the rear and south of the established commerical use, the newly created parking zone is more conveniently located to the use it is intended to serve thereby eliminating the necessity for parking • 5887 (2) C-1 zoning and development is incompatible with and detrimental ILto the surrounding and established residential uses of the abutting neighborhood. (3) C-1 zoning in this location should be removed so as to preserve ' the residential development and character of the abutting neighborhoods. (4) C-1 zoning, if left remaining in this location, would tend to encourage the further expansion of commercial zoning in the area and with this change of zoning, that eventually would be eliminated. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper the Observer-Eccentric under date of August 28, 1975 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. A five minute recess was declared at this time. The meeting was resumed with the same members present as were present for the original roll call. li, The Secretary announced the next item, Petition 75-7-6-9 by the City Planning Commission pursuant to Council Resolution #532-75 to amend Section 21.01 and 21.03 of Ordinance #543, the Zoning Ordinance of the City of Livonia, so as to eastablish that the Zoning Board of Appeals shall be composed of seven members. Eldon Raymond questioned when would the rotation be for appointment of the series of these appointments. Mr. Pinto asked what precisely constitutes a two thirds vote of a seven member board. He stated it was important to know the answer to that question now before acting on the ordinance and have some lawyer take the City to court on the question. Mr. Andrew requested that the Planning Staff obtain a legal opinion from the Law Department on these two questions. There was no one else wishing to be heard and the Chairman closed the public hearing. On a motion duly made by Mr. Hand, seconded by Mr. Falk and unanimously adopted, it was #9-203-75 RESOLVED that, the City Planning Commission having held a public ILhearing on September 16, 1975 does hereby determine to table Petition 75-7-6-9 until the Planning Commission's Regular Meeting of September 30, 1975. The Chairman declared the motion carried and the foregoing resolution adopted. • 5888 The Secretary announced the next item, Petition 75-7-6-10 by the City Planning Commission pursuant to Council Resolution #493-75 to amend Section 18.24, Accessory Building, of Ordinance #543, the Zoning Ordinance of the City of Livonia, so as to amend the side yard requirements as they pertain to utility buildings or storage sheds. There was no one present to be heard and the Chairman closed the public hearing. On a motion duly made by Mr. Scruggs, seconded by Mrs. Friedrichs and unanimously adopted, it was #9-204-75 RESOLVED that, pursuant to a public hearing having been held on Petition 75-7-6-10 by the City Planning Commission pursuant to Council Resolution #493-75 to amend Section 18.24, Accessory Building, of Ordinance #543, the Zoning Ordinance of the City of Livonia, so as to amend the side yard requirements as they pertain to utility buildings or storage sheds, the City Planning Commission does recommend to the City Council that Petition 75-7-6-10 be approved for the following reasons: (1) The proposed amendment is necessary so as to clarify the standards of the Zoning Ordinance as they relate to utility buildings and storage sheds. 110 (2) The proposed language amendment is necessary so as to have the same set of standards that apply to accessory buildings such as detached garages equally apply to other accessory buildings such as utility buildings and storage sheds. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper the Observer-Eccentric under date of August 28, 1975 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 was adopted. Mr. Talbot left the meeting at this time. The Secretary announced the next item on the agenda, Petition 75-6-1-17 by Artil A. Leo, Award Builders, Inc., requesting to rezone property located on the south side of Pembroke Avenue, east of Angling Road in the Southeast 1/4 of Section 1, from R-3 to R-6. On a motion duly made by Mr. Hand, seconded by Mrs. Friedrichs and adopted, it was RESOLVED that, pursuant to a public hearing having been held on July 15, 1975 on Petition 75-6-1-17 by Artil A. Leo, Award Builders, Inc. , requesting to rezone property located on the south side of Pembroke Avenue, east of Angling Road in the Southeast 1/4 of Section 1, from R-3 to R-6, the City Planning Commission does hereby recommend to the City Council that Petition 75-6-1-17 be approved for the following reasons: • 5889 (1) The zon-ng change would provide for a compatible land use to the majority of the surrounding existing residential neighborhood. (2) The zoning change would allow for a feasible and reasonable residential development for an odd-shaped, small parcel of land. (3) The zoning change would provide for a transitional land use between lots located on the west side of Angling and lots • located to the east of subject property. (4) The zoning change would allow developments which would be consistent with the following "goals and policies" as adopted by the Planning Commission: 1. Encourage and guide the development of a diversity of housing types, at densities and in locations meeting the housing needs of persons of all economic levels. 2. Encourage innovative development techniques as a means of insuring lasting identity and stability of residential areas. 3. Develop design solutions for the orderly development or undeveloped land in residential sections of the City. A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Hand, Andrew NAYS: Scruggs, Pinto, Falk ABSENT: Talbot, Kluver, Wisler The Chairman declared the motion failed. On a motion duly made by Mr. Scruggs and seconded by Mr. Falk, it was RESOLVED that pursuant to a public hearing having been held on July 15, 1975 on Petition 75-6-1-17 by Artil A. Leo, Award Builders, Inc. requesting to rezone property located on the south side of Pembroke Avenue, east of Angling Road in the Southeast 1/4 of Section 1, from R-3 to R-6, the City Planning Commission does hereby recommend to the City Council that Petition 75-6-1-17 be denied for the following reasons: (1) The zoning change would allow residential densities and lot sizes which would be incompatible with existing large lots located on the west side of Angling Road. (2) The zoning change would allow for residential structures which are out of character to the established building types in the surrounding neighborhood. A roll call vote resulted in the following: AYES: Scruggs, Pinto, Falk NAYS: Friedrichs, Hand, Andrew ABSENT: Kluver, Wisler, Talbot The Chairman declared the motion failed. 5890 On a motion duly made by Mr. Hand, and seconded by Mr. Scruggs and unanimously 110 adopted, it was #9-205-75 RESOLVED that, pursuant to a public hearing having been held on July 15, 1975 on Petition 75-6-1-17 by Artil A. Leo Award Builders, Inc. requesting to rezone property located on the south side of Pembroke Avenue, east of Angling Road in the Southeast 1/4 of Section 1, from R-3 to R-6 the City Planning Commission does hereby determine to table this item until the Regular Meeting of September 30, 1975. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, motion by the City Planning Commission to hold a public hearing to determine whether or not to rezone property located on the north side of Six Mile Road, west of Middlebelt Road in the Southeast 1/4 of Section 11, from C-2 to R-1. On a motion duly made by Mr. Hand and seconded by Mr. Scruggs and unanimously adopted, it was #9-206-75 RESOLVED that, the City Planning Commission on its own motion pursuant to Section 23.01(b) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to rezone property located on the north side of Six Mile Road, 110 west of Middlebelt Road in the Southeast 1/4 of Section 11, from C-2 to R-l. FURTHER RESOLVED that, a hearing be held and notice be given as provided in Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that there shall be a report submitted and recommendation thereon to the City Council. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item, approval of the minutes of the 300th Regular Meeting held by the City Planning Commission on August 12, 1975. On a motion duly made by Mr. Scruggs, and seconded by Mr. Falk, it was #9-207-75 RESOLVED that, the minutes of the 300th Regular Meeting held by the City Planning Commission on August 12, 1975 are approved. A roll call vote resulted in the following: AYES: Scruggs, Falk, Andrew ABSTAIN: Pinto, Hand ABSENT: Kluver, Wisler, Talbot The Chairman declared the motion carried and the foregoing resolution adopted. 5891 The Secretary announced the next item on the agenda, approval of the minutes of the 305th Special Meeting held by the City Planning Commission 1[10Commission on August 1, 1975. On a motion duly made by Mr. Scruggs, and seconded by Mr. Falk, it was #9-208-75 RESOLVED that, the minutes of the 305th Special Meeting held by the City Planning Commission on August 1, 1975 be approved. A roll call vote resulted in the following: AYES: Friedrichs, Scruggs, Falk, Andrew NAYS: None ABSTAIN: Pinto, Hand ABSENT: Wisler, Kluver, Talbot The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item, approval of Sign Design Plan submitted in connection with Petition 75-3-8-4 by Ralph Weber for Color Tile 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, in connection with a proposal to construct a retail store on property located on the east side of Middlebelt Road between St. Martins and Bretton in Section 1. On a motion duly made by Mr. Scruggs and seconded by Mrs. Friedrichs adopted, it was #9-209-75 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 recommend to the City Council that Petition 75-3-8-4 by Ralph Weber for Color Tile requesting approval of Sign Design plan as required by Section 18.47 submitted in connection with a proposal to construct a retail store on property located on the east side of Middlebelt Road between St. Martins and Bretton in Section 1, be approved subject to the following conditions: (1) That the Sign Plan prepared by Community Signs, Fort Worth, Texas dated 1/6/73, which is hereby approved, shall be adhered to. (2) That the previously approved Site Plan showing the freestanding sign be revised so as to provide a setback of not less than 42 feet from the south property line of the site. A roll call vote on the foregoing resolution resulted in the following: AYES: Scruggs, Friedrichs, Pinto, Hand, Andrew NAYS: Falk ABSENT: Wisler, Kluver Pursuant to Section 19.10 of Ordinance #543, this conditional use approval is valid for a period of one year only from the date of approval and unless a building permit is obtained and construction commenced within that period, or an extension of time obtained, this approval shall be null and void at the expiration of Said period. 585,_ The Chairman declared the motion carri,ul and the foregoing resolution adopted. The Secretary announced the next item on the agenda, approval of Landscape Plan submitted in connection with a condition of approval of Petition 75-7-8-15P by Donald Showerman requesting approval of all plans required by Section 18.58 of Ordinance #543, as amended by Ordinance #988, in connection with a proposal to construct an addition to the existing building located on the north side of Five Mile Road between Merriman and Auburndale in Section 15. On a motion duly made by Mr. Pinto and seconded by Mr. Scruggs and unanimously adopted, it was #9-210-75 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 75-7-8-15P as submitted by Donald Showerman requesting approval of all plans required by Section 18.58 in connection with a proposal to construct an addition to the existing building located on the north side of Five Mile Road between Merriman and Auburn- dale in Section 15, subject to the following conditions: (1) that the Landscape Plan dated 8/26/75 by Harold Thomas Nursery Inc. is hereby approved and shall be adhered to; (2) that the landscaping as shown on the approved plan shall be installed before the issuance of a certificate of 1[0 occupancy for the building addition; (3) the landscaping shall be permanently maintained in a healthy condition. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this conditional use approval is valid for a period of one year only from the date of approval and unless a building permit is obtained and construction commenced within that period, or an extension of time obtained this approval shall be null and void at the expiration of said period. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, Petition 75-9-8-18 by Robert Pachota requesting approval of all plans required by Section 18.47 of Ordinance #543, the Zoning Ordinance #990, submitted in connection with a proposal to construct a one-story retail sales building on property located on the north side of Five Mile Road between Surrye and Edington in Section 16. On a motion duly made by Mr. Hand and seconded by Mr. Pinto and unanimously adopted, it was #9-211-75 RESOLVED that, pursuant to Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance 1[1; #990, the City Planning Commission does hereby recommend to the City Council that Petition 75-9-8-18 as submitted by Robert Pachota requesting approval of all plans required by Section 18.47 in connection with a proposal to construct a one-story retail sales building on property located on the north side of Five Mile Road between Surrey and Edington in Section 16, be approved subject to the following conditions: • 5893 (1) That Site Plan #1075, "beet P-3 by Alvin A. Chartrand, Architect dated 9/9/75 is hereby approved and shall be adhered to. (2) That the building elevations as shown on drawing P-4 by Alvin A. Chartrand, Architect are hereby approved and shall be adhered to. 1:ifiva :,:.jpc! ! t,;,i l i t,, tie Manning r. %i=•l:,row.al ,vi t h it 30 day..,. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this conditional use approval is valid for a period of one year only from the date of approval and unless a building permit is obtained and construction commenced within that period, or an extension of time obtained, this approval shall be null and void at the expiration of said period. The Chairman declared the motion carried and the foregoing resolution adopted. On a motion duly made and seconded and unanimously adopted, the City Planning Commission adjourned its 302nd Regular Meeting held on September 16, 1975 at 12:15 p.m. CITY PLANNING COMMISSION ,los-ph J. '. k, 'ecretary ATTEST: 7 4&" ;:dorZ7240.,../ Daniel R. Andrew, Chairman •