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HomeMy WebLinkAboutPLANNING MINUTES 1976-06-22 -► 6078 MINUTES OF THE 316th REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION ILOF THE CITY OF LIVONIA On Tuesday, June 22, 1976, the City Planning Commission of the City of Livonia held its 316th Regular Meeting in the Livonia City Hall , 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the meeting to order at approximately 8:08 p.m. Members present: Daniel R. Andrew Herman H. Kluver Joseph J. Falk Suzanne T. Wisler William P. Scruggs Jerome W. Zimmer Members absent: *Judith A. Scurto Esther R. Friedrichs Messrs. John J. Nagy, Planning Director; 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 tonight's agenda involves a question of rezoning or vacating, this Commission only makes recommendations to the City Council and the City Council , after holding a public hearing, makes the final determina- tion as to whether a petition is approved or denied, and if a petition requesting a waiver of use is denied, the petitioner has ten days in which to appeal the decision to the City Council . On a motion duly made by Mr. Falk, seconded by Mr. Scruggs and unanimously adopted, it was #6-98-76 RESOLVED that, pursuant to a Public Hearing having been held on May 4, 1976 on Petition 76-4-1-12 as submitted by John Kanakis to rezone property located on the north side of Five Mile Road, east of Middlebelt Road in the Southwest 1/4 of Section 13, from P and R-7 to C-2, the City Planning Commission does hereby determine to table Petition 76-4-1-12 for an indefinite period of time. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer/Eccentric, under date of April 15, 1976 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. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mrs. Wisler, seconded by Mr. Kluver and unanimously adopted, it was #6-99-76 RESOLVED that, the City Planning Commission does hereby determine to remove from the table for further consideration Petition 76-5-2-7 as submitted by the Livonia Trade Center requesting waiver use approval to construct a restaurant on property located on the south side of Eight Mile Road between Middlebelt Road and Brentwood in the Northwest 1/4 of Section 1 . ' Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. , 607' ILOn a motion duly made by Mr. Kluver, seconded by Mr. Scruggs and unanimously adopted, it was #6-100-76 RESOLVED that, pursuant to a Public Hearing having been held on June 8, 1976 on Petition 76-5-2-7 as submitted by the Livonia Trade Center requesting waiver use approval to construct a restaurant on property located on the south side of Eight Mile Road between Middlebelt Road and Brentwood in the Northwest 1/4 of Section 1 , the City Planning Commission does hereby determine to table Petition 76-5-2-7 for a indefinite period of time. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer/Eccentric, under date of May 20, 1976 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. Mr. Andrew, Chairman, declared the motion is carried and theforegoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mr. Scruggs and unanimously adopted, it was #6-101-76 RESOLVED that, the City Planning Commission, pursuant to Ordinance #29 of the City of Livonia, as amended by Ordinance #50, does hereby establish and order that a public hearing be held to determine whether or not to vacate an alley located on the north side of Seven Mile Road between Rensellor and Inkster in the South- [1 east 1/4 of Section 1 , subject property being legally described as: A twenty (20) foot wide public alley north of and adjacent to the Lots 530 through 541 both inclusive, Botsford Park Subdivision, as recorded in Liber 53, Page 77, Wayne County Records, said subdivision being of the E. 1/2 of the S. E. 1/4 of Section 1 , T. 1 S. , R. 9 E. , Township of Livonia (now City of Livonia) , Wayne County, Michigan. AND that, notice of such hearing be given as provided in Ordinance No. 29 of the City of Livonia, as amended by Ordinance No. 50, and that thereafter there shall be a report and recommendation submitted to the City Council . Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Scruggs, seconded by Mr. Falk and unanimously adopted, it was #6-102-76 RESOLVED that, the City Planning Commission, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931 , as amended, does hereby establish and order that a public hearing be held to determine whether or not to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, so as to delete property located on the north side of Lyndon Avenue, west of Farmington Road in Section 21 , subject property being legally described as: 6080 That part of the N. E. 1/4 of Section 21 , T. 1 S. , R. 5''. E. , City of Livonia, Wayne County, Michigan described as beginning at a point on the E. and W. 1/4 Section line distant No. 89° 44' W, 363 ft. from the E. 1/4 corner of Section 21 and pro- ceeding thence N. 89° 44' W. along said line, 960.30 ft. ; thence due north, 677.73 ft. ; thence S. 89° 38' 48" E. 685 ft. thence S. 1° 23' W, 342.93 ft. ; thence S. 89° 38' 48" E. 280 ft. ; thence due south 333.30 ft. to the point of beginning except the south 43 feet thereof; and that part of the N. E. 1/4 of Section 21 , T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan described as being the west 280 feet of Bureau of Taxation Parcels No. 21Gla, 21G2a, 21G3a, 21G4a and 21G5a. FURTHER RESOLVED that, notice of time and place of said 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 within the City of Livonia in accordance with the provisions of Act 285 of the Public Acts of Michigan of 1931 , as amended. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Scruggs, seconded by Mr. Zimmer and unanimously adopted, it was #6-103-76 RESOLVED that, the City Planning Commission, pursuant to Section t 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 amend Section 23.07, Effect of Protest to Proposed Amendment, so as to provide protest provisions consistent with State Law. AND that, notice of time and place of said 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. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mrs. Scurto entered the meeting at 8:20 p.m. On a motion duly made by Mr. Scruggs, seconded by Mr. Falk and unanimously adopted, it was #6-104-76 RESOLVED that, the City Planning Commission, 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 amend Section 19.08, Appeal to City Council ; Hearing and Notice, so as to clarify appeal procedures with respect to denials of site plan petitions and waiver of use petitions. AND that, notice of time and place of said hearing shall be published in a newspaper of general circulation in the City of Livonia and a 008i notice by registered United Stares 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. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Scruggs, seconded by Mr. Kluver and unanimously adopted, it was #6-105-76 RESOLVED that, the City Planning Commission does hereby approve the Departmental Budget for the Fiscal Year 1976-1977 as submitted. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Andrew, Chairman, announced that the approval of the minutes of the 315th Regular Meeting and Public Hearings held by the City Planning Com- mission on June 8, 1976, is removed from the agenda and directed that the approval of these minutes be placed on the agenda for the study meeting to be conducted on June 29, 1976 at which time a special meeting may be convened. On a motion duly made by Mrs. Scurto, seconded by Mr. Scruggs and unanimously adopted, it was #6-106-76 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 deny Petition 76-6-8-12P as sub- mitted by Showerman's Party Stores, Inc. , requesting approval of all plans required by Section 18.58 in connection with a proposal to con- struct an addition to an existing commercial building located on the north side of Five Mile Road between Merriman and Arden in Section 15, for the following reasons: (1) The proposed site plan does not comply with Zoning Ordinance #543, as amended, specifically Section 2.09(2) in that the parking space size for those parking spaces in front of the building with the exception of the handicapped, do not comply with the area require- ment of 220 square feetor Section 18.37(m) in that the parking in front of the building with the narrow access driveway of 18 feet will cause autos to back or cross over the public sidewalk in violation of the Zoning Ordinance. (2) The Site Plan #760520, dated 5/24/76, prepared by Basic George Heath, Architect, fails to provide for the safe circulation and parking of vehicles around the southwest corner of the proposed addition and the westerly point of ingress and egress to the site from Five Mile Road. The proposed front yard parking in that area overlaps the driveway which would cause parked cars to back directly into the main approach driveway thereby creating a hazardous traffic condition. (3) The Plan also fails to provide any landscaping amenities to properly enhance the new addition. Moreover, the petitioner has stated that the four-foot greenbelt as shown on Site Plan #760520, dated 5/24/76, iiU2SL would not be constructed as shown. (4) The Site Plan previously approved by the Planning Commission in connection with Site Plan Petition 75-7-8-15P for a previous addition was never completely complied with. (5) The proposed site plan does not show or make provision for the location of a second trash receptacle the petitioner states is needed to accommodate the food wastes that will be emanating from the new specialty meat store. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Scruggs, seconded by Mrs. Scurto and unanimously adopted, it was #6-107-76 RESOLVED that, pursuant to a request dated June 19, 1976 from Arthur H. Kickland requesting a six-month extension concerning conditions set forth by the Planning Commission in connection with approval of Petition 75-5-2-12 as submitted by Arthur Kickland requesting waiver use approval to operate an auto repair business within an existing building located on the south side of Eight Mile Road between Merriman Road and Milburn in the Northwest 1/4 of Section 2, the City Planning Commission does hereby determine to grant an extension for a four-month period only in order to allow the petitioner to comply with the conditions as set forth in Planning Commission Resolution ##10-237-75, adopted on October 14, 1975, and as modified by letter dated November 26, 1975 from the Commission. 1[0 Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 316th Regular Meeting held by the City Planning Commission on June 22, 1976, was adjourned at approximately 10:30 p.m. CITY PLANNING COMMISSION S z e T. Wisler, Secretary ATTEST: V/vjf,i4./.2 :01111°' Daniel R. Andrew, Chairman ac:6/23/76