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HomeMy WebLinkAboutPLANNING MINUTES 1979-10-09 7114 • MINUTES OF THE 380th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, October 9, 1979, the City Planning Commission of the City of Livonia, held its 380th Regular Meeting and Public Hearings at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the Public Hearing and Regular Meeting to order at 8:10 p.m. with approximately 80 interested persons in the audience. Members Present: Daniel R. Andrew Joseph J. Falk Herman Kluver Judith Scurto Esther Friedrichs **R. Lee Morrow Members Absent: Suzanne Wisler *Jerome Zimmer *C.R.Smith Messrs. John T. Nagy, City Planning Director; Ralph H. Bakewell, 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 rezoning request, this Commission only makes a recommendation to the City Council, who in turn, will then hold its own Public Hearing and decide the question. If a petition involves a waiver of use request and the petition is denied by the Planning Commission, the petitioner then has ten days in which to appeal for relief. Otherwise the petition is terminated. Mr. Falk, Secretary announced the first item on the agenda is Petition 79-8-1-26 by I: Jose and Stella Evangelista to rezone property located on the west side of Parkville Avenue between Seven Mile Road and Vassar in the Southwest 1/4 of Section 1, from P to R-1. Mr. Andrew: Any correspondence on this petition? Mr. Nagy: We have a letter dated August 31, 1979 from Engineering indicating no engineering problems. Mr. Vincent Salgado, 10375 Farmington; This is a useless lot. It is part of the car wash. The back portion is not needed. It is only feasible to be used for a residence. Mr. Andrew: You have the authority to speak for Mr. Evangelista? Mr. Salgado: Yes. Mr. Andrew: I assume the house is a rental unit. Mr. Salgado: It will be for my mother and for us. We intend to live in it. Mr. Andrew: The portion of the property behind the car wash would have to take its access off Seven Mile through the car wash. Mr. Salgado: Certainly, I have no objection. I Mr. Andrew: I would like you to arrange for a tax split on that property now before we proceed further with the rezoning request. Mrs. Friedrichs: Do you own the car wash? 7115 Mr. Salgado: itYes. EMr. Andrew: He would have to split 416a1 at the end of the R-1 zoning and attach 4 it to lot 415 for tax purposes. Mr. Andrew: Is there anyone present in the audience wishing to be heard on this matter? There was no one else wishing to be heard regarding this item. Mr. Andrew, Chairman, delcared the public hearing on Petition 79-8-1-26 closed. On a motion duly made by Mr. Morrow, seconded by Mr. Kluver, it was #10-184-79 RESOLVED that, pursuant to a Public Hearing having been held on October 9, 1979 on Petition 79-8-1-26 as submitted by Jose and Evangelista to rezone property located on the west side of Parkville Avenue between Seven Mile and Vassar in the Southwest 1/4 of Section 1, from P to R-1, the City Planning Commission does hereby determine to table Petition 79-8-1-16 until petitioner obtains a lot spit to accomplish the attachment of Lot 416a1 to Lot 415 to the south. • Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 79-8-1-27 by Euga'1 1n1 Arthur Pulice to rezone property located on the west side of Hubbard Road, north of Five Mile Road in the Southwest 1/4 of Section 15, from R-1 to P. 110 Mr. Andrew: Any correspondence? Mr. Nagy: We have a letter dated September 19, 1979 from Ditzhazy-Messick Associates in support of the petition. We also have a letter from Gary Clark, Engineering dated August 31, 1979 stating there are no engineering problems. Mr. Andrew: Please state briefly what you propose. Eugene Pulice: We would like to construct an office building on Five Mile Road and use the back for parking. k. Mr. Andrew: There is no house on Five Mile? / ' ` ' Mr. Pulice: No. Mr. Andrew: Did you tear down the gas station? Mr. Pulice: That was part of the agreement of the previous owner. Mrs. Scurto: Directly to the west of this lot in question (to the rear) do you own that? Mr. Pulice: No. t0Mr. Andrew: Do you own all the lots on Five Mile? Mr. Pulice: Yes. Mr. Andrew: How soon will you begin building? 7116 Mr. Pulice: In the spring. 1 Mr. Andrew: Is there anyone present in the audience that would like to be heard on this petition? Arthur Herman: They have all this property here that is zoned for P.S. Now they want . 15316 Fairfield to take residential property. The man next door just bought his house. If a parking lot goes up what is the value of our property. I can see progress along Five Mile Road but why can't they leave the residential alone: I have to look at a parking lot across the street and now if I go in my back yard I will have to look at another one. Is this what you call beautifying Livonia? I would like to show you some pictures of what I have to look at. These are of the west side of Fairfield immediately north of the commercial zoning on Five Mile. Mr. Falk: Is the young couple present that bought the house here? Mr. Herman: They did not receive a letter. I talked to them and they said they did not know a thing about the rezoning. These fellas go over there at least once a week and they never bothered to mention to the couple what they planned to do. There were stakes put out and they did not know what for. They told me they would never have bought the house if they knew the parking lot was going to be there. I don't know where the young couple is but they said they were going to be here. Mr. Andrew: Our taxrolls are not that current. If these people just moved the name would not have appeared on the taxrolls as yet. Mr. Falk: Do you have any intention of going north? 4 Mr. Pulice: We have no intention of rezoning any other land than what is contained in this petition. The couple next door to the proposed property indicated he might be interested in buying the land next door to them. Mr. Herman: I have lived here 15 years and I sure don't call this progress. This is like a cancer spreading what you are doing here. Mr. Falk: How long have you owned the property? Mr. Pulice: Three years. Mrs. Scurto: What is the size of the complex? Mr. Pulice: 8,3000 square feet. Mrs. Emmanuel P. I live at lot 159b and I am against it. I am sure none of you Micallef would like to have a parking lot outside your backyard. I have 15334 Fairfield a letter from Russell Drury on lot 159a who is also against it. Mrs. Friedrichs: There will be a requirement of wall on the north side and west of the property. tMrs. Herman: Who likes to look at walls. Why should we have to suffer? 4 ; Mrs. Micallef: There is a partially empty office building already there. Mr. Andrew: I would like the Bureau of Inspection to immediately do something about the sanitary conditions of that area and I am requesting that the Planning Director write a letter to the bureau asking for enforcement. 7117 t4. Mr. Andrew: Anyone else wishing to speak on this matter? There was no one else present wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 79-8-1-27 closed. On a motion duly made by Mr. Falk, seconded by Mr. Kluver, it was #10-185-79 Resolved that, pursuant to a Public Hearing having been held on October 9, 1979 on Petition 79-8-1-27 as submitted by Eugene and Arthur Pulice to rezone property located on the west side of Hubbard Road, north of Five Mile Road in the Southwest 1/4 of Section 15, from R-1 to P. , the City Planning Commission does hereby determine to table Petition 79-8-1-27 until the Study Meeting of October 30, 1979. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Falk, Morrow, Andrew NAYS: Friedrichs, Scurto ABSENT: Zimmer, Smith, Wisler Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 79-8-1-28 by Farley Building Company, Inc. , to rezone property located on the northeast corner of Middle- belt Road and Pickford Avenue in the Northwest 1/4 of Section 12, from RUF toto C-2. Mr. Andrew: Any correspondence Mr. Nagy? Mr. Nagy: We have a letter dated August 31, 1979 from Gary D. Clark. Mr. Seymour Weisman: We have just completed a small shopping center next door. It is 15500 Telegraph completely rented. There is a demand for more stores in this area. I acquired this property when I started construction of this complex. Mr. Falk: As I recall there was some difficulty with the resident behind you. There was some type of water problem. Mr. Weisman: The lot behind us is substantially lower than we are. We are working up a paving deal on Clarita. That might improve the condition somewhat. Mr. Andrew: What type of tenants do you have? Mr. Marvin: We have 14 bays cut into 11 tenants. We have a Quik Pik market, custom -jewelry store, beauty and barber shop, sporting goods, Grinnells are moving out of Livonia Mall, art supply store, Household Finance moved out of the Mall, a veterinarian (here tonight on waiver use) drapery store and ice cream parlor. Morrow: I cannot support anymore commercial along Middlebelt Road. [Mr. Mr. Weisman: I have been in the commercial and industrial building for 20 years. The trend here is more commercial. Mr. Falk: The future land use plan which was put together by the professional staff and concurred in by the Mayor and Council should have some force. The Future Land Trse Plan does riot warrant: more commercial herr'. We hove to J)rr• •f+rtrr' what l rF or wo t'^ 7118 MarK Grisa: I own property in the area. The homes that face on Middlebelt are ti15603 Edington older and the improvement of Middlebelt to commercial is progress. We have to flow with the changing times. This is scheduled to be widened some day. Mr. Andrew: Where is the property you own? Mr. Grisa: Directly west. It is farm acreage now. There is no house on it. Dorothy Erickson: I live on the northside of Pickford and east of Middlebelt 29231 Pickford and we have more than enough traffic now. I would be looking at this gentleman's parking lot and I would not like that. Thomas Moyles: We have sufficient types of commercial now. What is C-1 and C-2? 29275 Pickford Mr. Andrew: C-1 is the neighborhood type of commercial businesses and C-2 would be a heavier type of commercial. Mr. Moyles: Are gas stations C-2? Mr. Andrew: With a waiver use. Mr. Weisman: We propose no gas station, just small service stores. Mrs. Scurto: Why are you requesting C-2 rather than C-1? ILIMr. Weisman: We might attract a small sit down restaurant. Mr. Andrew: Any more comments from the Commission or audience? There was no one else present wishing to be heard regarding this item. Mr. Andrew Chairman, declared the public hearing on Petition 79-8-1-28 closed. On a motion duly made by Mrs. Scurto, seconded by Mr. Morrow, and unanimously adopted, it was #10-186-79 RESOLVED that, pursuant to a Public Hearing having been held on October 9, 1979 on Petition 79-8-1-28 as submitted by Farley Building Company, Inc. , to rezone property located on the northeast corner of Middlebelt Road and Pickford Avenue in the Northwest 1/4 of Section 12, from RUF to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 79-8-1-28 be denied for the following reasons: (1) The proposed change of zoning is inconsistent with the Future ]Land Use Plan of the City of Livonia as adopted by the City Planning Commission and the goals and policies for land use. (2) The proposed change of zoning to the C-2, general business classification, would be detrimental to and not in harmony with the surrounding and established residential uses of the area. li (3) The proposed change of zoning would encourage the future expansion and + conversion of residential zoning to commercial zoning along the frontage of Middlebelt Road and lead to strip commercial development which specifically is in conflict with the adopted land use policies for future growth and development. 7119 (4) The proposed change of zoning which would allow for an increase in j intensity of commercial development would provide for an increase ' n commercial traffic, particularly along Pickford Avenue which is intended to serve abutting land uses and not commercial uses. (5) There is no need for additional intensification of commercial zoning in this area as there is already sufficient vacant commercially zoned land in the C-2 classification to provide for any expansion in commercial uses. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 9/20/79, 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. Mr. Falk announced the next item on the agenda is Petition 79-8-1-29 by the City Planning Commission to rezone property located on the west side of Newburgh Road, south of Ann Arbor Trail in the Northeast 1/4 of Section 31, from C-1 to RUF. Mr. Andrew: Any correspondence. [4 Mr. Nagy: I have a letter dated October 5, 1979 from Donald Glinkie who lives south and west of the property in question who is opposed to the change in zoning. Jas. Remy,Jr. I see no reason to go back to RUF. We have commercial right next door. 9419 Newburgh The property would be nothing but a white elephant if it is RUF. The taxes doubled when the zoning was changed. We go in every year and appeal the taxes. Mrs. Friedrichs: Will his tax rates change if it is changed back to RUF? Mr. Andrew: I don't know. The commercial zoning should not have increased the taxes. There was no one else present wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 79-8-1-29 closed. On a motion duly made by Mr. Kluver, seconded by Mrs. Friedrichs, and unanimously adopted, it was #10-187-79 RESOLVED that, pursuant to a Public Hearing having been held on October 9, 1979 on Petition 79-8-1-29 as submitted by the City Planning Commission to rezone property located on the west side of Newburgh Road, south of Ann Arbor Trail in the Northeast 1/4 of Section 31, from C-1 to RUF, the City Planning Commission does hereby determine to table Petition 79-8-1-29 until the study meeting of October 30, 1979, in order to get clarification from the tax assessor. Or. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. 7120 Mr. Falk announced the next item on the agenda is Petition 79-8-1-30 by the City Planning Commission to rezone property located on the west side of Mayfield Avenue, north of Plymouth Road in the Southwest 1/4 of Section 27, from li: C-2 to P. There was no one else present wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 79-8-1-30 be closed. On a motion duly made by Mr. Morrow, seconded by Mr. Kluver, and unanimously adopted, it was #10-188-79 RESOLVED that, pursuant to a Public Hearing having been held on October 9, 1979 on Petition 79-8-1-30 initiated by Council Resolution #552-79 to rezone property located on the west side of Mayfield Avenue, north of Plymouth Road in the Southwest 1/4 of Section 27, from C-2 to P. , the City Planning Commission does hereby recommend to the City Council that Petition 79-8-1-30 be approved for the following reasons: (1) The subject area was recently split off of the larger commercial property so as to provide for a parking use in conjunction with adjoining commercial property, therefor, the proposed change of zoning will more appropriately reflect the established use of the property. (2) The proposed change of zoning to the parking classification and the permitted uses of the parking classification will provide for uses that are compatible to the established uses of the area. to (3) The proposed change of zoning is in accord with the intent of the recently approved lot division to allow parking on the subject area. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 9/20/79, and a notice of such hearing was sent to the Detroit Edison 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. Mr. Falk announced the next item on the agenda is Petition 79-9-1-31 by the City Planning Commission to rezone property located south of Seven Mile Road between Loveland and Mayfield in the Northwest 1/4 of Section 10, from P.L. to P. On a motion duly made by Mrs. Friedrichs, seconded by Mr. Falk and unanimously adopted, it was #10-189-79 RESOLVED that, pursuant to a Public Hearing having been held on October 9, 1979 on Petition 79-9-1-31 initiated by Council Resolution #807-79 to rezone property located south of Seven Mile Road between Loveland and Mayfield in the Northwest 1/4 of Section 10, from P.L. to P, the City li: Planning Commission does hereby recommend to the City Council that Petition 79-9-1-31 be approved for the following reasons: (1) The proposed change of zoning to the parking classification will provide for the logical parking zone to support the offstreet parking required for the structure established on the subject property. 7121 (2) With the proposed change of zoning to the parking classification the subject area will be reserved for parking only thereby avoiding any potential expansion of the office building into the area. (3) The proposed change of zoning to the parking classification will act as a separator and buffer between the proposed office area to the north and the established and adjoining residential homes to the south. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 9/20/79, and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Rlilway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Falk announced the next item on the agenda is Petition 79-9-1-32 by Greenfield Construction to rezone property located on the north side of Six Mile Road between North Laurel Park Drive and 1-275 Freeway in the Southeast 1/4 of Section 7, from P.O. to C-4II. Mr. Andrew: Any correspondence, Mr. Nagy? Mr. Nagy: We have a letter from Engineering stating there are no problems. Ray Martin: This rezoning would be to accommodate the Holidome development. Ann Arbor 1[ , Mrs. Spencer: What is C-4II? 39100 Six Mile Mr. Andrew: It is high rise commercial development up to eight stories in height. It would be a new form of Holiday Inn. Mr. Andrew: Any further comments? There was no one else present wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 79-9-1-32 closed. On a motion duly made by Mr. Kluver, seconded by Mrs. Friedrichs, and unanimously adopted, it was #10-190-79 RESOLVED that, pursuant to a Public Hearing having been held on October 9, 1979 on Petition 79-9-1-32 as submitted by Greenfield Construction Company to rezone proerty located on the north side of Six Mile Road between North Laurel Park Drive and I-275 Freeway in the. Southeast 1/4 of Section 7, from P.O. to C-4II, the City Planning Commission does hereby recommend to the City Council that Petition 79-9-1-32 be approved for the following reasons: (1) The proposed change of zoning is a minor adjustment in the commercial and office districts so as to provide for a more reasonsable division between the districts. (2) The proposed adjustment in the commercial zoning will provide for a minor expansion of the commercial district which will facilitate a more meaningful and practical commercial development of the full district area. 7122 • (3) The proposed adjustment in zoning district boundary lines will promote the orderly growth and development of the respective districts in accordance with the Future Land Use -Plan and the overall Laurel Park Development Plan. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 9/20/79, and a notice of such hearing was sent to the Detroit Edison 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. Mr. Falk announced the next item on the agenda is Petition 79-9-1-33 by R.B. Murninghan to rezone property located on the north side of Five Mile Road between Cavour and Garden Avenues in the Southwest 1/4 of Section 13, from RUF to R-7 and C-2. Mr. Murninghan: I would like to put 20 units of which 16 will be two bedroom and 29020 Five Mile four one bedroom. It will be similar in design to the :apartments down the street where our Catholic fathers are residing. Mine will be of a slightly different layout. I would like to have the C-2 zoning classification on the portion to the west for use as a veterinary clinic and pet supply store. My residence will remain on this portion and I intend to reside there until my death. Possibly I might want to use it as an office as my lease is up in about 14 months and we are not sure of the future of this complex if the road is extended. Our parking will be completely eliminated then. LMr. Andrew: We have a relatively small parcel of land and we have multiplicity uses. I would like to see the R-7 zoning for the entire parcel. Mr. Murninghan: It would not be economically feasible to destroy the house. It would cost $80,000 to replace the house according to my insurance agent. I would only be able to put in 24 units by destroying the house. Mr. Andrew: Would it be feasible to move the house off the property? Mr. Murninghan: No. Mr. Andrew: How old is the house? Mr. Murninghan: It was built in 1948 by Philip Rieger. Mr. Andrew: Ts Lancaster a public road? Mr. Nagy: Yes. Mr. Murninghan: I would have no curb cut off Five Mile at the present time. Mr. Andrew: An intended use for the proposed C-2 would be used for a veterinarian? 7123 Mr. Murninghan: Yes. II: Mr. Andrew: There is no setback proposed for the commercial structure. Mr. Nagy: It would be a zero foot setback which is in conflict with° the Ordinance. , Mr. Kluver: I would like to see a complete package of either C-2 or R-7. Mr. Falk: How long have you owned the property? Mr. Murninghan: Six months. Mr. Falk: How long have you lived in the house? Mr. Murninghan: Since Tuly. Mr. Falk: I support either C-2 or R-7 but not the combination. Mrs. Friedrichs: I am strongly in favor of the R-7 over C-2. This is an interesting small development of apartments for this parcel. Wm. McGuire: I live across the street. I would be in favor of the entire project. 29005 Five Mile Wilfred Okerstom: 25011 Lyons None of these buildings in this area are setting the world on fire. 1[0 I don't think any extended C-2 would enhance anything. I prefer to see R-7. Messrs. Zimmer and Smith arrived at 9: 55. Mr. Murninghan: I need a place to stay and this house is very close to my job. I might use it in the future for my office. Mr. Andrew: What is your feeling to rezone that property to either R-7 or C-2? Mr. Murninghan: It is not economically feasible to go for all R-7. I will have to live with it as it is now for five to seven years. Mr. Andrew: What about deleting that portion of the property where the home is located and retain the residential zoning? Mr. Murninghan: I would like to rezone that portion to C-2. Mr. Andrew: Is there anyone else wishing to be heard on this matter? There was no one else wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 79-9-1-33 closed. On a motion duly made by Mrs. Friedrichs, seconded by Mrs. Scurto, it was li: #10-191-79 RESOLVED that, pursuant to a Public Hearing having been held on October 9, 1979. on Petition 79-9-1-33 as submitted by R.B. Murninghan to rezone property located on the north side of Five Mile Road between Cavour and Garden Avenues in the Southwest 1/4 of Section 13, from RUF to R-7 and C-2, the City Planning Commission does hereby determine to table Petition 79-9-1-33 until the Study Meeting of October 30, 1979. 7124 A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, Zimmer, Scurto, Morrow, Andrew NAYS: Smith, Falk ABSENT: Wisler Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted: Mr. Falk announced the next item on the agenda is Petition 79-8-2-20 by William and Valerie Stefani requesting waiver use approval to use the ground floor of an existing building located on the south side of Seven Mile Road between Wayne Road and Laurel in the Northwest 1/4 of Section 9 for an accounting office. Mr. Hoiby: The house up front was built in 1935 and the one in question was built 1949. The downstairs is tsed for an office and there is an apartment upstairs. In the past years two doctors used that office for an office. We feel this is a valid nonconforming use. Mr. Andrew: There was a violation issued by the Bureau of Inspection. Mr. Hoiby: The downstairs has been improved and it is Mr. Stefani's personal office only. Mr. Andrew: Is the apartment leased at the present time. L Mr. Hoiby: Yes. Mr. Andrew: Is there any correspondence? Mr. Nagy: No. Mr. Kluver: What is the size of the office space? The entire first floor is used? Mr. Hoiby: The building is 36 feet x 24 feet. Yes, the entire first floor is used. Mr. Kluver: That is approximately 864 square feet. Mr. Hoiby: Here are some pictures of the building. Mr. Zimmer: Was there a time when it was not used as an office. Mr. Hoiby: There was a divorce at the time one of the doctor's used the office and he moved out for a while. The first floor was not used for a couple of years I would guess. Mr. Andrew: Is there anyone wishing to be heard on this matter? Mr. Hoiby: I have a list of names of the surrounding neighbors who do not object to this. Mr. Andrew: We will make it a part of the public record. li: There was no one else wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petiton 79-8-2-20 closed. Mrs. Friedrichs: I would like to offer an approving resolution being that the neighbor's. are not objecting and being that it was a use of long standing in the neighborhood which it is located. 7125 Mr. Smith:11 I will second that. 4 Mrs. Scurto: If that person who bought the property next door decided to sell trees at that parcel, would they have to rezone that? Mr. Nagy: Property that is zoned RUF and is used in the propagation and raising ' of nursery stock which is sold from the site does not have to be rezoned as long as the trees are not trucked in. Mrs. Scurto: I have great concerns about allowing this to go in. I think we are likely by approving the nature of Seven Mile change this, encouraging in an undesireable manner. Mrs. Friedrichs: Except that this is a long standing use for this structure which has been in existence for an excess of 20 years. I feel we are not introducing a new use. On a motion duly made by Mr. Falk, seconded by Mr. Kluver, it was #10-192-79 RESOLVED that, pursuant to a Public Hearing having been held on October 9, 1979 on Petition 79-8-20 as submitted by William and Valerie Stefani ` requesting waiver use approval to use the ground floor of an existing building located on the south side of Seven Mile Road between Wayne Road and Laurel the Northwest 1/4 of Section 9, for an accounting office, the City Planning Commission does hereby determine to table Petition 79-8-2-20 until the Study Meeting of October 30, 1979 at which clarification and verification of the past uses will be studied. ' A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Scurto, Falk, Morrow, Andrew NAYS: Friedrichs, Smith, Zimmer ABSENT: Wisler Mr. Andrew, Chairman declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 79-2-2-21 by St. Mary's Antiochian Orthodox Church requesting waiver use approval to construct an addition to the existing church located on the east side of Merriman Road between Six and Seven Mile Roads in the Southwest 1/4 of Section 11. Mr. Salah: We will be squaring off the Church structure. We will use the same brick. This will accommodate the 100 students for Sunday School. There are now 107 families in our Church. Mrs. Scurto: Any exits going out of the addition? Mr. Salah: We will move the present exit over. Exit from the new addition will be an interior exit. Mr. Andrew: What about upgrading the landscaping? We intend to approve this subject to approving the landscaping plan at a later date. 7126 1 Mr. Salah: We will take care of the landscaping. *Mr. Morrow left the meeting at 10:30 p.m. There was no one else present wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 79-9-2-21 closed. On a motion duly made by Mr. Kluver, seconded by Mr. Falk, and unanimously adopted, it was #10-193-79 RESOLVED that, pursuant to a Public Hearing having been held on October 9, 1979 on Petition 79-9-2-21 as submitted by St. Mary's Antiochian Orthodox Church requesting waiver use approval to construct an addition to the existing church located on the east side of Merriman Road between Six and Seven Mile Roads in the Southwest 1/4 of Section 11, the City Planning Commission does hereby recommend to the City Council that Petition 79-9-2-21 be approved subject to the following conditions: (1) that Site Plan dated 8/10/79, prepared by Z. B. Uzman, which is hereby approved shall be adhered to; (2) that Building Elevation Plan dated 8/10/79, prepared by Z. B. Uzman, which is hereby approved shall be adhered to; (3) that Landscape Plan dated 8/10/79, prepared by Z. B. Uzman, which is hereby approved shall be adhered to; li: (4) that all landscape materials as shown on the approved Landscape plan shall be installed on the site prior to issuance of a Certificate of Occupancy for the addition; and (5) that this approval shall not alter any prior conditions established in connection with waiver use Petition 75-5-2-10 allowing the Church to locate on the subject site, for the following: for the following reasons: (1) The use is in full compliance with Section 4.03(a) of Zoning Ordinance #543, as amended, (2) The site has the capacity to support the proposed addition. 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. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 79-9-2-22 by Dr. Stephen Selfon requesting waiver use approval to locate a veterinary clinic within an existing building located on the east side of Middlebelt Road IL between Six and Seven Mile Roads in the Northwest 1/4 of Section 12. 7127 Clark Andrews: Mr. Selfon is an associate in Centerline presently. He has Sterlirg Heights been in the business for 7 years. This will not be a branch 4 office. He would be operating here on a full time basis and in charge of the clinic. There will be constant supervision. There will be no outdoor runways. They will be indoors. The shopping center will have dumpsters in order to take care of trash and litter. Dead animals will be kept in a freezer and will be picked up periodically. There will be no decaying matter. There will be soundproofing between the adjacent tenants and soundproofing within the confines of that building. There will be exhaust fans in the building. Mr. Andrew: Do you see any problem with noise? Mr. Andrews: No,sir. Mrs. Scurto: The drapery shop will be next door and then an ice cream store. Mr. Andrews: Yes. Mr. Andrew: What type of insulation will you use? Mr. Andrews: Fiberglass. There will be small additional fans used as opposed to large roof mounted units. Mrs. Scurto: I find a great deal of problems bringing this into a multi-tenant complex. I think this would be detrimental to the children that are running around with the ice cream plus other patrons of the 1[: center. Mr. Andrews: Since this is a rather small shopping area with a small parking lot, parking would be largely near the store they are going to. Mr. Smith: Will you be selling pets? Mr. Andrews: No. Mr. Smith: Living near a veterinary clinic myself I have observed many times people arriving in a panic situation because their animal is very sick. The person is not driving cautiously. Mr. Andrews: The City Council has deemed that an appropriate waiver use. Mr. Falk: I do not think that this is a place for a veterinary clinic. Mr. Andrews: This will be the trend in the near future for a young professional to get off the ground. Mr. Andrew: Does this fall within the vicinity control area? Mr. Nagy: It is a waiver use and the land area involved falls within the Livonia Mall vicinity control area. There was no one else present withing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 79-9-2-22 closed. On a motion duly made by Mrs. Scurto, seconded by Mr. Smith, it was 7128 #10-194-79 RESOLVED that, pursuant to a Public Hearing having been held on October 9, 1979 on Petition 79-9-2-22 as submitted by Dr. Stephen Selfon requesting waiver use approval to locate a veterinary clinic within an existing building located on the east side of Middlebelt Road between Six and Seven Mile Roads in the Northwest 1/4 of Section 12, the City Planning Commission does hereby recommend to the City Council that Petition 79-9-2-22 be denied for the following reasons: (1) The proposed use does not comply with Section 10.03(f) of Zoning Ordinance #543 pertaining to Veterinary Clinics. (2) The proposed use is incompatible to and not in harmony with the planned uses of the shopping center. (3) The proposed use would not promote the orderly growth and development of the shopping center or lands contiguous thereto. (4) The proposed use would be detrimental to the area as the nuisances, odors and litter associated with this use would be detrimental to the area. (5) The proposed animal clinic is incompatible with the iises of the center as this is a planned, multi-tenant shopping center which shares common facilities such as offstreet parking, refuse collection, store front walks and common walls separate the uses. The nature and proximity of the proposed use is such that animals brought to the center, many of whom may be diseased and/or in an excited condition, would likely be a nuisance and would be detrimental to and incompatible with the uses of the center. 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Scurto, Falk, Friedrichs, Smith, Zimmer NAYS: Andrew ABSENT: Morrow, Wisler Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 79-9-2-23 by Edward Sharkey Hesano requesting waiver The approval to establish an SDD Licensed operation on property located on the north side of Six Mile Road, east of Haggerty Road in the Southwest 1/4 of Section 7. Mr. Nagy: We have a letter from Engineering dated 9/14/79 indicating there are no sanitary sewers, storm sewers or water mains and the drywell system is not adequate. 1[40 4 Mr. Andrew: That information was not submitted at the time of site plan approval. Mr. Nagy: We had no comments from Engineering at that time. Edward Hesano: I received that letter and we feel it could be resolved. 7129 Mr. Andrew: You realize waiver use approval is only good for one year. Mr. Hesano: Yes. Mrs. Spencer: I object to this liquor store generating a questionable 39100 Six Mile atmosphere out there. We have Schoolcraft College traffic • and this would add to the traffic problem. I would like to know the hours of this store? Mr. Andrew: Your house is west of the freeway near Haggerty. Mrs. Spencer: Yes. Mrs. Evans: We have enough traffic now. 39140 W. Six Mile Mr. Andrew: What are the proposed hours of operation? Mr. Hesano: It will be 10 a.m. to 10 p.m. during the week and 10 a.m. to midnight on weekends. I have had a liquor store in the City of Detroit for 9 years and I have never had a violation. I will have a very nice looking store here. Dave Heinzman: I would like to express the college's disapproval as we feel it Dir, of Student would create some problems on campus. Affairs, School- ILcraft College Peter Denja: City of Detroit gives a grant for two years. The grant is revoked Attorney if complaints are made regarding the liquor. If the City could retain the power to revoke the license that would be fine. Liquor will be only one item that will be sold in the business. If this is detrimental then the license could be revoked. Mary Ganz: I am a member of the Northville Township Planning Commission. We Northville discussed this but do not want to go on record officially. We felt Township that thought should be given to the traffic problem, widening of the road and Schoolcraft College. Mrs. Spencer: There are many major institutions located out in Northville. This is right in the path of Northville Downs and DeHoCo. It is out of character with the other complexes that are going up in the area. Mrs. Scurto: Is Northville Township dry? Mr. Ganz: No. Mr. Smith: I believe young people buy a lot of beer and wine. These other problems mentioned do not pertain to selling of liquor. If down the street we are allowing sale of liquor by the glass why should this gentleman be not allowed to sell it by the bottle. As Six 1[40 Mile is widened it will eliminate the problem of parking off in the woods or behind garages. 7130 Mrs. Spencer: What about the utilities? There are none there. What about retainer 44 walls? Mr. Andrew: That will have to be dealt with by the Bureau of Inspection and not this Commission. Mr. Hesano: A liquor store is a much more attractive store then just a beer and wine store. There is more money made and the store is kept up better. I will be taking care of the store and no young kids will be left in charge. If I do not go in there maybe a Quik Pik will. Mrs. Friedrichs: Does the waiver use go with the owner or the land? Mr. Andrew: It goes with the land subject to the approval of the transfer of the license. Mr. Hesano: The party is investigated very carefully. I do not know when I will close the Detroit store but my brother will be helping me out. I will be at the new store. There was no one else wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 79-9-2-23 closed. On a motion duly made by Mr. Smith, seconded by Mr. Zimmer, it was #10-195-79 RESOLVED that, pursuant to a Public Hearing having been held on October 9, 1979 on Petition 79-9-2-23 as submitted by Edward Sharkey Hesano requesting waiver use approval to establish an SDD Licensed operation on property located on the north side of Six Mile Road, east of Haggerty Road in the Southwest 1/4 of Section 7, the City Planning Commission does hereby recommend to the City Council that Petition 79-9-2-23 be approved subject to the following condition: (1) that this approval is conditioned upon adherence to the Site Plan and Building Elevation Plan previously approved by City Planning 'Commission Resolution #9-150-79, adopted on August 7, 1979, in - connection with Petition 79-9-8-22P, which plans shall not be altered in any respect as a result of the approval of this additional use but shall be fully complied with in all respects; for the following reasons: (1) That the proposed waiver use is in full compliance with Section 11.03(r) of Zoning Ordinance #543, S.D.D. License. (2) The proposed use will not adversely affect, but will be complimentary to the proposed uses within the new party store. (3) The proposed use will not, in any way, affect either the building or grounds as a result of this additional 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. 4 A roll call vote on the foregoing resolution resulted in the following: 7131 AYES: Kluver, Friedrichs, Smith, Zimmer, NAYS: Scurto, Falk, Andrew ABSENT: Wisler, Morrow Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 79-9-3-10 initiated by Council Resolution #795-79 requesting the vacating of a public walkway located on the west side of Fairway Drive, south of Lyndon Avenue in the Southeast 1/4 of Section 20. Mr. Nagy: We have a letter from Engineering dated 9/10/79 indicating there are no City maintained utilities within the public walkway. Mrs. L. Hackman: I am on lot 10 adiacent to the walkway. There are nine of us 14441 Fairway here this evening who would like that area vacated. It is a Livonia constant problem with Mopeds, fire in the woods. There is no foot traffic going through there. There are no fences in our subdivision due to the sub restrictions. This is an undeveloped park and there would be no problem for anyone to enter the park off Lyndon. This is just a short distance. Tom Mack: There were a lot of trees in our area. The whole subdivision 14436 Fairway has that treatment. The fenced, cemented walkway does not fit. Livonia A lot of trees would be lost. Mr. Frank Leblance: I can't see any problem with people walking down to Lyndon. 35673 Lyndon Livonia Mr. Michael Elzerman: I prefer the natural look opposed to the cement. 14462 Fairway Livonia There was no one else present wishing to be heard regarding this item. Mr. Andrew Chairman, declared the public hearing Petition 79-9-3-10 closed. On a motion duly made by Mr. Kluver, seconded by Mr. Smith, and unanimously adopted, It was #10-196-79 RESOLVED that, pursuant to a Public Hearing having been held on October 9, 1979 on Petition 79-9-3-10 as initiated by Council Resolution #795-79 requesting the vacating of a public walkway located on the west side of Fairway Drive, south of Lyndon Avenue in the Southeast 1/4 of Section 20, the City Planning Commission does hereby recommend to the City Council that Petition 79-9-3-10 be approved for the following reasons: (1) There are no city maintained utilities within the public walkways. (2) All residents of Tanglewood Subdivision in attendance at the public hearing were in favor of the vacating of the walkway. j (3) The area residences who would benefit by the walkway leading to the • park indicated their preference to gain access to the park from Lyndon Ave. • 7132 FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 9/20/79 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. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 79-9-2-24 by Allen Newman and Ronald J. White requesting waiver use approval to locate a Moose Lodge within an existing building located on the south side of Plymouth Road between Arden and Melrose in the Northeast 1/4 of Section 34. Mr. Nagy: We have a letter dated October 1, 1979 from Ralph Dunlevy, 11426 Arden, opposing the petition. We have a letter from Engineering stating there are no engineering problems. We also have a petition from 20 persons who consent to the proposal. Ron White: Presently we are located at 12800 Merriman. The building is Rep. for Moose is being condemned. The size of the building would be adequate Lodge to fit our needs with approximately 2,000 square feet of which 1,000 to 1,500 square feet would be useable. The parking is somewhat short. Dr. Rasak has consented to the use of his parking lot during his nonbusiness hours. We would be interested in staying about 5 years and at that point have enough money to have our own p)ace. Mrs. Scurto: How many members do you have? Mr. White: 250 members with 40-45 active ones. Mrs. Scurto: Where do you park at the Merriman location? Mr. White: Front of the building, on the dirt, at the side of the building. • Mrs. Scurto: I am concerned with your lack of parking at this new location. Mr. Smith: I have passed the present Moose building and it looks bad. The weeds are high, fence is in need of repair and paint. From your past record I would not want you on my street. I am confused. Twenty people say its OK with them and then I see the present Moose and I am not very happy with the outside maintenance. Mr. Andrew: As I interpret the parking ordinance of the City of Livonia, a written document in recordable legal form is required from Dr. Rasak. Mr. Feinberg: You are right although I do not know whether that type of partial use of property would be satisfactory. Mr. Andrew: He needs 32 parking spaces and he has 20. Mr. Nagy: The 20 spots he has serves four other establishments along with this use. 7133 Mr. Zimmer: I feel you have demonstrated a total lack of interest of how you 44 present yourself to the community. I would not like you to be in my neighborhood if this is the type of appearance you show to the City. We did create for the good of the tenants on Plymouth Road as much parking as we could. It was a minimal amount of parking but this »se would only add to our parking problem along Plymouth Road. This use is overintensive and far more than this neighborhood could stand. I cannot support this proposal. I am surprised at the willingness of the 20 people. Barbara Innes: There are six of us here who are concerned with the parking in this 11325 Arden area. A narrow alley separates this place. This would create a lot of noise in the evening. We are a relatively quite neighborhood. It is a very narrow building. We feel it should remain in a commercial use rather than a private use. Chuck Holmes: We did not sign the petition. 11420 Arden There was no one else present wishing to be heard regarding this item. Mr. Andrew, Chairman, declared the public hearing on Petition 79-9-2-24 closed. On a motion duly made by Mr. Zimmer, seconded by Mr. Smith, it was #10-197-79 RESOLVED that, pursuant to a Public Hearing having been held on October 9 19-'9 on Petition 79-9-2-24 as submitted by Allen Newman & Ronald J. White requesting waiver use approval to locate a Moose Lodge within an existing building located on the south side of Plymouth Road between Arden and Melrose in the Northeast 1/4 of Section 34, the City Planning Commission does hereby recommend to the City Council that Petition 79-9-2-24 be denied for the following reasons: (1) The proposed use would !ie detrimental to the adjoining uses of the neighboring area as the site lacks sufficient capacity to support the intended use. (2) The proposed use would share a parking lot of such limited size that it would be overburdened by the Parking that would be generated by this proposed use. (3) The subject area does not have its own on-site parking as the building covers the entire lot area. (4) The proposed use would be incompatible with the neighboring residential area for the reason that, due to the inability of the available parking lot to accommodate the parking generated by this use, the adjoining residential streets would be used for parking of cars not being able to be accommodated within the available parking lot. FURTHER RESOLVED that, notice of the above Public Hearing was sent to 10 property owners within 500 feet, petitioner and City Departments as listed :/) • in the Proof of Service. 7134 A roll call vote on the foregoing resolution resulted in the following: t4 / AYES: Kluver, Scurto, Friedrichs, Smith, Zimmer, Andrew NAYS: Falk ABSENT: Morrow, Wisler Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Smith, seconded by Mr. Kluver, and unanimously adopted, it was #10-198-79 RESOLVED that, pursuant to a Public Hearing having been held on October 9 1979 on Petition 79-7-1-22 and pursuant to a request by Dr. James J. Wilke dated 9/21/79, the City Planning Commission does hereby approve the withdrawal of Petition 79-7-1-22 as submitted by Dr. James J. Wilke to rezone property located on the southwest corner of Six Mile and Merriman Roads in the Northeast 1/4 of Section 15, from RUFC to P.S. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mrs. Scurto, seconded by Mr. Zimmer, and unanimously adopted, it was #10-199-79 RESOLVED that, pursuant to a Public Hearing having been held on October 9, 1979 on Petition 79-8-1-23 as submitted by Keith E. Mino to rezone property located on the south side of Pickford between Farmington Road and Filmore IL in the Northeast 1/4 of Section 9, from R-3 to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 79-8-1-23 be denied for the following reasons: (1) The proposed change of zoning would be detrimental to the adjoining uses of the area which are all residential. (2) The proposed change of zoning to the office classification would detract from and diminish the residential use and enjoyment of the area, particularly those residential uses on Filmore as Filmore is a residential street and the proposed change of zoning would intrude into it. (3) The proposed change of zoning and the permitted uses of the office district would be detrimental to the adjoining area from a traffic standpoint as the office zoning would extend all the way to Filmore Avenue and the potential points of egress and ingress to Filmore Avenue and the turning movement associated therewith would be detrimental to the residential uses of the area and the traffic carrying capacity of Filmore Avenue. (5) The proposed change of zoning would not promote the orderly growth and development of the area in accord with the adopted Future Land Use 1[140 • Plan of the City of Livonia and the policies for growth and development related thereto. • 7115 • FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 8/23/79 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. Scurto, seconded by Mr. Kluver., and unanimously adopted, it was #10-200-79 RESOLVED that, pursuant to a Public Hearing having been held on October 9, 1979 on Petition 79-8-1-24 and pursuant to a request from Mr. Schwartz dated 8/23/79, the City Planning Commission does hereby approve the withdrawal of Petition 79-8-1-24 as submitted by Mr. Schwartz to rezone property located on the west side of Middlebelt Road, north of Six Mile Road in the Southeast 1/4 of Section 11, from R-1A to R-7. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Greenbelt Landscape Plan for Windridge Village Subdivision #4 proposed to be located south of Eight Mile Road, west of Gill Road in the West 1/4 of Section 4. IL Gil Franklin: We sold the lots to the builder, Huntley Homes. I think pressure has to be put on by the Bureau of Inspection to clean up that greenbelt area. We attempted to hire anybody but the commercial landscapers are not taking anymore business. We have no way of forcing the builder to do anything. Sanford Pearlman is in charge of Huntley Homes. On a,motion duly made by Mr. Kluver, seconded by Mr. Zimmer, and unanimously adopted, it was #10-201-79 RESOLVED that, the City Planning Commission does hereby approve the Greenbelt Landscape Plan submitted by Windridge Village Subdivision #4 proposed to be located south of Eight Mile Road, west of Gill Road in the West 1/4 of Section 4, subject to the following conditions: (1) That the Landscape Plan marked L. P. 79-8-69, dated 9/11/79, showing landscaped screening of the greenbelt easement areas as shown on the approved Preliminary Plat, which is hereby approved shall be adhered to; and (2) that the Entrance Marker Plan as shown on the approved Landscape Plan, which is hereby approved, shall be adhered to and the Entrance Marker installed on the site prior to approval of the Final Plat. IiMr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. i On a motion duly made by Mrs. Scurto, seconded by Mr. Zimmer, and unanimously adopted, it was #10-202-79 RESOLVED that, the minutes of the 379th Regular Meeting & Public Hearing held by the City Planning Commission on September 11 , 1979, be approved. 7136 Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mrs. Scurto, seconded by Mr. Zimmer, and unanimously adopted, it was #10-203-79 RESOLVED that, the minutes of the 332nd Special Meeting held by the City Planning Commission on September 25, 1979, be approved. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Zimmer, seconded by Mr. Smith, and unanimously adopted, it was #10-204-79 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 79-8-8-27 by Michael S. Downes requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to remodel an abandoned gas station located on the southeast corner of Seven Mile and Middlebelt Roads for retail use, be approved subject to the following conditions: (1) that Site Plan #9111, Sheet 1, as revised by M. S. Downes, Architect, which is hereby approved shall be adhered to; (2) that Building Elevations as shown on Plan #9111, Sheet 1, dated 9/25/79, prepared by M. S. Downes, Architect, which are hereby approved shall be adhered to; (3) that all landscape materials as shown on the Revised Site Plan shall be installed on the site before issuance of a Certifite of Occupancy and thereafter permanently maintained in a healthy condition; (4) that any roof-mounted energy units shall be screened from view; (5) that there shall be no outside trash storage on the site; and (6) that the rights-of-way of Seven Mile Road and Middlebelt Road shall be fully improved as shown on the approved Site Plan and shall further comply with all requirements of the Wayne County Road Commission. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Andrew, Chairman, announced that Petition 78-12-8-40 by John D. Dinan remains on the table. On a motion duly made by Mr. Zimmer, seconded by Mr. Kluver, it was #10-205-79 RESOLVED that, the City Planning Commission does hereby approve the Landscape Plan submitted by John D. Dinan in connection with a condition of approval of Petition 78-2-8-3P by John D. Dinan requesting approval of all plans required by Section 18.58 of Ordinance #543, as amended 7137 I: by Ordinance #1306, submitted in connection with a proposal to construct a medical building on the west side of Merriman Road between Seven Mile Road and Gable in Section 3, subject to the following conditions: (1) that the Landscape Plan as prepared by John D. Dinan, dated 10/2/79, which is hereby approved shall be adhered to; and (2) that all landscape materials as shown on the approved Landscape Plan shall be completely installed on the site by May 1, 1980 and thereafter permanently maintained in a healthy condition. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Friedrichs, Andrew, Zimmer NAYS: Smith, Scurto, Falk ABSENT: Morrow, Wisler Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 79-9-8-30 by Fred J. Armour requesting approval of all plans required by Section 18.47 of Ordinance #543, as amended by Ordinance #990, submitted in connection with a proposal to construct a retail complex on the south side of Seven Mile Road between Stamford and Myron in Section 9. Fred Armour: The doors were changed as is noted on the plan. IL Mrs. Scurto: You did not come up with any more brick. Mr. Armour: We turned the mansard 8 feet around the east corner. On a motion duly made by Mrs. Friedrichs, seconded by Mr. Zimmer, it was #10-206-79 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 79-9-8-30 by Fred J. Armour requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to construct a retail complex on the south side of Seven Mile Road between Stamford and Myron in Section 9, be approved subject to the following conditions: (1) that Site Plan 79D-526, Sheet 1, dated 10/1/79, prepared by Affiliated Engineers, Inc. , which is hereby approved shall be adhered to; (2) that Building Elevations as shown on Plan 79D-526, Sheet 3, dated 10/8/79, prepared by Affiliated Engineers, Inc. , which are hereby approved shall be adhered to; [ (3) that the Landscape Plan as shown on Plan 79D-526, Sheet 1, which is hereby approved shall be adhered to; (4) that the approved site landscaping shall be installed on the site before issuance of a Certificate of Occupancy is granted and thereafter permanently maintained in a healthy condition; and 7138 (5) that any signage proposed to be installed on the site or affixed to the building shall be subject to Planning Commission review and approval. ILI A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Smith, Zimmer, Falk, Andrew, Kluver NAYS: Scurto ABSENT: Morrow, Wisler Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mrs. Friedrichs, and unanimously adopted it was #10-207-79 RESOLVED that, the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure requesting the seven day period concern- ing effectiveness of Planning Commission resolutions in connection with Petition 79-9-8-30 by Fred J. Armour requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to construct a retail complex on the south side of Seven Mile Road between Stamford and Myron in Section 9. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. IL On a motion duly made, seconded and unanimously adopted, the 380th Regular Meeting and Public Hearings held by the City Planning Commission on October 9, 1979 were adjourned at 12:10 a.m. CITY PLANNING COMMISSION i J.='•h J./ a Secr- __ y 4a4r4/7 ATTEST: /X / Daniel R. Andrew, Chair .n I 4