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HomeMy WebLinkAboutPLANNING MINUTES 1981-04-07 7439 MINUTES OF THE 410th REGULAR MEETILG AND PUBLIC HEA';.INGS HELD BY THE CITY PLANNING COMMI;SION OF THE CITY OF LIVONIA — pu Tuesday, April 7, 1981, the City Planning Commission of the City of Livonia, held flits 410th Regular Meeting and Public Hearings in the Livonia City Hall, 33001 Five Mile • oad, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the Regular Meeting and Public Hearings to order at 8:02 p.m. , with approximately 45 interested people in the audience. MEMBERS PRESENT: Herman Kluver C. Russell Smith* Joseph Falk R. Lee Morrow Sue Sobolewski Jerome Zimmer Judith Scurto Don Vyhnalek Daniel R. Andrew MEMBERS ABSENT: None *Mr. Smith arrived at 10:10 p.m. Messrs. John J. Nagy, City Planning Director; H G Shane, Assistant City Planning Director; Ralph H. Bakewell, Planner IV, were also present. Mr. Andrew then 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 their own Public Hearing and decide the question. If a petition involves a waiver use request, and the petition is denied by the Planning Commission, the petitioner then has ten days in which to appeal for relief. Otherwise he petition is terminated. 11:: r. Falk, Secretary, announced the first item on the agenda is Rehearing of Petition 80-6-1-20 by L. & H. Associates to rezone property located on the east side of Stark Road, north of Plymeth Road in the Southeast 1/4 of Section 28, from R-1 and C-2 to C-1. Mr. Andrew: Do we have any correspondence on this matter? Mr. Nagy: We have a letter from the City Engineering Department dated March 11, 1981 from Gary Clark, Assistant City Engineer. Mr. Andrew: This is a rehearing referred back by the City Council. Is anyone from L. & H. Associates present? This Commission in July, 1930 adopted a resolution recommending to the City Council this property be rezoned to a parking classification. Council determined that it would be better to take the entire zoning back to C-1 eliminating the parking classification and changing a C-2 classification to a C-1 category. Joseph Vanzo: At your July meeting it was determined at that time that half of Lot 12066 Boston Post 17 would be zoned parking and I believe our association went along Livonia with that due to the fact that no complete building could go on Lot 17 because of the sewer. We do not like to see a residential lot go to commercial but due to the fact there was a commercial lot next door to it was supported. We still don't know what kind of building is going in. I don't know if we know anything more tonight. There was so much confusion at the Council Meeting that 's why they referred it back here. Why change the parking. I don't like to see C-1 that close . to the homes. a 7440 • Mr. Andrew: With C-1 zoning there has to be a 20 feet sideyard. The building could not encroach any closer than 20 feet to the residential. C-1 is a more restrictive zoning than C-2. They have to come back to us for site plan approval. Ar. Vanzo: We don't know where the parking is going to go then. That is why we are objecting to this. At least with the parking classification we do know. Mr. Andrew: What we could do is to let the Planning Commission take action and refer it to the Council and wait until they receive a site plan. Mr. Nagy: Because of the unknown use of the land the Council chose to zone it down to a more restrictive classification. They feltit would be more compatible to those surrounding the area. The building could be set back 60 feet if it was zoned C-2 and it would be setback 75 feet if it was zoned C-1. There would be less buildable area. For all practical purposes Lot 17 is probably going to be used for parking becasue of the 20foot sideyard. Mr. Andrew: Let's take action and let the Council ask petitioner to submite a site plan. Mrs. Scurto: The C-2 across from this site, does it seem likely the future building will face Plymouth Road? Mr. Nagy: Yes. Mr. Andrew: Any further comments from the audience or staff? 1/:there was no one else present wishing to be heard regarding this petition. Kr. Andrew, Chairman, declared the public hearing on this item closed. a motion duly made by Mr. Zimmer, seconded by Mr. Kluver, and adopted, it was #4-54-81 RESOLVED that, pursuant to a Public Hearing having been held on April 7, 1981 on rehearing of Petition 80-6-1-20 by L. & H. Associates to rezone property located on the cast side of Stark Road, north of Plymouth Road in the Southeast 1/4 of Section 28, from R-1 and C-2 to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 80-6-1-20 be approved for the following reasons: (1) The proposed change in zoning will provide for more restrictive land uses which would be more compatible to the surrounding established uses of the area. (2) The proposed zoning change will provide for building setback require- mvnts that will assure adequate separation of any proposed building from the abutting residential district to the north. (3) The proposed zoning district will be compatible to and in harmony with the abutting C-2, general commercial district, and will provide a transition zone iromthe residential district to the north. (4) The proposed ch..mge of zoning is consistent with the recommendations of the Future Land Use Plan. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 3/23/81 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. . • 7441 A roll call vote on the foregoing resolution resulted in the following: t4r. AYES: Kluver,' Morrow, Sobolewski, Vyhnalek, Falk, Zimmer, and Andrew NAYS: Scurto ABSENT: Smith Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 81-3-1-8 by Elite Properties of Michigan, Inc. , to rezone property located on the west side of Angling Road, south of Eight Mile Road in the Northeast 1/4 of Section 1, from RUF to P.S. Mr. Nagy: We have a letter dated March 12, 1981 from the Department of Engineering. Charles Ware: We are marketing this parcel for a client of ours. Elite Properties 6346 Orchard Lake W. Bloomfield Mr. Andrew: Is the house presently on the site occupied? Mr. Ware: No. Mr. Andrew: Is your client the present fee holder? Mr. Ware: Yes. fir. Andrew: How long have they owned the property? tir. Ware: A good many years. d Zimmer: Have you had the owners ' direction to market this property in any other form? Possibly as residential. Mr. Ware: At the price the owners are asking $130,000.00 we could not market it as residential. - Mr. Zimmer: The owner didn't direct you to sell the two interior lots as residential. Mr. Ware: We have looked at this site as an entire parcel. It would be feasible as a medical building due to the close proximity of Botsford Hospital. Mr. Zimmer: How long have you had this property? Mr. Ware: Six months. Mr. Zimmer: Prior to that did the owners try to develop it as residential? Mr. Ware: No. Their original intention was to hold on to it and in future years build a store. Mrs. Scurto: The people to the south of you are they interested in selling? 1[0: . Ware: The first house south of the property the lady called us inquiring about pur- chasing the lot. She was not interested at our price. That would be the resident on Lot K. . Andrew: Any further comments? There was no one else present wishing to be heard regarding this petition. 7442 Mr. Andrew, Chairman, declared the public hearing on this item closed. a motion duly made by Mr. Kluver, seconded by Mr. Morrow, and unanimously adopted, it was 4 55-81 RESOLVED that, pursuant to a Public Hearing having been held on April 7, 1981 on Petition 81-3-1-8 as submitted by Elite Properties of Michigan, Inc. , to rezone property located on the west side of Angling Road, south of Eight Mile Road in the Northeast 1/4 of Section 1, from RUF to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 81-3-1-8 be approved for the following reasons: (1) The proposed change of zoning is in compliance with the Future Land Use Plan of the City of Livonia as adopted by the City Planning Commission. (2) The proposed change of zoning will provide for a good buffer zone so as to protect the residential uses to the south from the various affects of the Eight Mile Road thoroughfare. (3) The proposed change of zoning will provide for uses that are compatible to and in harmony with the surrounding and established uses of the area. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 3/23/81, 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 resolutionadopted. 10‘. Falk announced the next item on the agenda is Petition 81-3-1-9 by Gary and Sandra Bidle to rezone property located on the east side of Merriman Road between Seven Mile and Curtis in the Northwest 1/4 of Section 11, from R-3 and R-5 to RUF. Mr. Nagy: We have a letter from Department of Engineering dated March 18, 1981 by Gary Clark. We have a petition signed by 57 residents opposing the rezoning. - Mr. Andrew: Do they indicate why? Mr. Nagy: No. Mrs. Scurto: Those homes that are on the court and part of Hillbrook that goes north and south were,they cut from lots the size of that most northerly lot on Merriman. Mc . Nagy: Very likely. Mr. Andrew: How many of the objectors live on Merriman? Mr. Nagy: Three live on Merriman. Resident: All of those homes were originally part of an RUF parcel the property that was immediately north of the Bidle property. . That was originally all one IL piece of property and that was rezoned for that subdivision about five or ten years ago. 7443 Gary Bidle: We live on Merriman Road at the address in the petition. 18234 Merriman Road After the rezoning 7. am going to try to get a kennel license. Livonia The property itself is pretty well isolated. I: , Mr. Andrew: How long have you owned the property? Mr. Bidle: A year and one half. I presently have three dobermans. They are show dogs. I have a completely fenced yard. The green section on the map is a valley. Mr. Vyhnalek: Where is the R-3? Mr. Nagy: The first 200 feet in from Merriman to the dashed line is R-5. The balance is R-3. Mrs. Scurto: Do the dogs have the run all day? Mr. Bidle: No, they are house dogs. Mrs. Scurto: Have you talked to anyone about the kennel? Mr. Bidle: We decided not to. We would first attempt the rezoning. Mrs. Scurto: Do you keep puppies in the house? Mr. Bidle: Yes. Mrs. Scurto: Are your dogs presently out for a major portion of the day? Do they jump fences? 1[0 jump Bidle: They are only out when we are out. Mine do not jump fences. 4Mr. Kluver: I noticed while walking the property that the flood plain has quite a large stream. The land is not useable. I went across the street. The property across the street has the same topography as yours. It is zoned RUF. Mr. Zimmer: One of the uses RUF would have with a waiver use would be the raising of animals. N. Kawwas: I represent the church next door. We were interested in exactly what will 18100 Merri- be used next door. We have 150 children in our Sunday school. We have man bought two acres from the Board of Education. The dogs are now visible to us on Sunday. They do bark when people come to church. We would like some type of screening so that the children do not see them and they do not see the children. Mr. Andrew: Right now the only question before us is whether or not to rezone this to RUF. He has indicated to us that if that zoning is successful he will be back before use for a license to operate a dog kennel. Mr. Kawwas: We are objecting to that rezoning. Mr. Andrew: I would like to point out that we cannot condition rezoning. It is either 1Jblack or white as far as the zoning question is concerned. Charles Morris: What privileges of land uses are there for RUF? 31193 Hillbrook 7444 Mr. Andrew: I will read a few. Raising of fowl and rabbit for owner's consumption, two horses and one cow, dog kennels with five or more acres with a waiver use, a home occupation also could be run out of the home, college or university, are a few. k. Morris: He only has 4.5 acres. I feel the zoning should stay the same. Mrs. Charvey: I live across Merriman. We have lived at this location since long before 31412 Curtis Merriman was paved. At the time we moved there the property was RUF as was most of the property if not all of the property between Six and Seven Mile. At some time this zoning was changed. Myself and two neighbors west of me prefer to see RUF. We would like to keep the RUF flavor in our area We don't enjoy the prospect of smaller lots. I would not like to see four or five houses on the property where the Bidle's are. From our observation the dogs are not out of the house unless the owners are with them. They are fine neighbors. Their dogs do not jump fences. Mine jumped into their yard. Mr. Andrew: Further comments? There was no one else present wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mrs. Scurto, seconded by Mr. Morrow, and unanimously adopted, it was IL4-56-81 RESOLVED that, pursuant to a Public Hearing having been held on April 7, 1981 on Petition 81-3-1-9 as submitted by Gary and Sandra Bidle to rezone property located on the east side of Merriman Road between Seven Mile and Curtis in the Northwest 1/4 of Section 11, from R-3 and R-5 to RUF, the City Planning Commission does hereby recommend to the City Council that Petition 81-3-1-9 be approved for the following reasons: (1) The proposed change of zoning is appropriate to the area as the parcel being 4.51 acres in area is best suited for the RUF zoning classification. (2) The uses permitted by the proposed change of zoning are compatible to and in harmony with the surrounding uses of the area. (3) The proposed change of zoning is in compliance with the Future Land Use Plan which designates the subject area for low density residential uses. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 3/23/81, 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 81-3-1-10 by J. T. Alvaro to rezone property located on the south side of Ann Arbor Trail, west of Newburgh Road in the Northeast 1/4 of Section 31, from RUF and AG to R-7. IL 7445 Mr. Nagy: We have a letter dated March 19, 1981 from Department of Engineering. Mr. Andrew: How much dedication on West Chicago is needed? Nagy: 7 feet.11::r. r. Andrew: Ann Arbor Trail? Mr. Nagy: 27 feet. John Mahn: We are aware of the storm sewer problem. We think there is a system 1800 W. 14 Mi across Ann Arbor Road. We have had this plan in mind since 1978. Royal Oak We are anxious to build. Mr. MacMillan: Mr. Norwood Miller who is the owner of property adjacent to mine 9425 Butwell asked me to attend the meeting. He would like it adjourned for two weeks until he can come. He is ill. He has 3 1/2 acres. All of his property is R-1. Mrs. Scurto: Does any of Mr. Miller's property abut this property? Mr. McMillan: No. We are interested in the outcome of this. William Bray: It took us seven years to get those shacks out of there. We are right 37917 W. back into this again. I thought there were to be no multiple dwellings Chicago in this City. Mr. Andrew: That is not true. Anyone can petition for R-7. Mr. Bray: There are no sewers available. We would like to get it stopped if we can. 'Floyd Coursey: The City told me I had to hook to the City sewer. They told me where to 37933 W. dig and I did and I hooked into the storm drain. It took usseven years Chicago to get those shacks out. We had all kinds of crime and now you are going to move people in and we will have all kinds of trouble again. We don't want it. - Mr. Andrew: How long have you owned the property? Mr. Mahn: We have had options on it since 1978. We bought it December of last year. Mrs. Scurto: There is nothing different from this property than any other property in this City. They will have to meet building restrictions. Mr. Morrow: What do you have in mind if you are successful with the rezoning? Mr. Mahn: Townhouses. Mr. Zimmer: Does the R-7 use West Chicago as a vital part of the development. Mr. Mahn: We intend to use West Chicago for ingress and egress. Mr.. Andrew: Does West Chicago need improvement if R-7 development goes in. "-Hr. Nagy: Yes, West Chicago would need improvement. qrs. Scurto: Do we have any townhouses in Livonia?Mr . Nagy: Five Mile and Brookfield (called Brookfield Square Townhouses). 7446 Will Foster: I am presently building a home here and there is a lot of objection to paving West Chicago. We have a quiet area. This would change the image of Lamont: Butwell to Hix. This is inconsistent with the neighborhood as it now exists. Is there any intention to change the area to the south? ILThere is a great deal of traffic at Lamont and West Chicago now. This will make things a lot busier and change the character of the area. . Andrew: The long strip I believe belongs to the Lord's House. The parcel immediately south is slated to become a park. The City doesn't own it yet. The site that has the residential structure south of the shopping center that is presently zoned C-1. We are thinking of rezoning that piece but the owner is not in favor of it. The park would encompass the property up to thr_ commercial store. Mr. MacMillan: In the event the gentleman gets the zoning could you block off access to West Chicago and force them out onto Ann Arbor Trail. Mr. Andrew: If the rezoning is successful they will have to come back with their plans. We will take a hard look at the ingress and egress. It is diffcult to say. There is a great deal of work required before the petitioner puts a shovel in the ground. Mr. MacMillan: Will a notice be sent out for the meeting? Mr. Andrew: Yes, we can notify you if you give us your name and address and leave it with our secretary. Mr. Bray: We will get all the garbage that blows. lipro. Mandler: We have lived here for 2 1/2 years. I would not like to see anything 8049 W. like that. nicago rnon Dickson: Most of us on West Chicago are on disability. We can't afford to pay 38033 W. for paving. Chicago - Mr. Andrew: Would you favor the paving if you did not have to pay? Mr. Dickson: I don't know. It would mean more and faster traffic. Mr. Foster: Does Item 13 concern this property? Mr. Andrew: Yes. Mr. Zimmer: Have we received any reports concerning the traffic? Mr. Nagy: We have not received a report from traffic or police. Mrs. Scurto: I think they have a viable concern about Lamont or Butwell becoming a thoroughfare to Joy Road. I have great concerns about it exiting on West , Chicago. Mr. Foster: There is already too much traffic on Ann Arbor Trail. I:ere was no one else present wishing to be heard regarding this petition. . Andrew, Chairman, declared the public hearing on this item closed. 7447 On a motion duly made by Mr. Kluver, seconded by Mrs. Sobolewski, and adopted,it was #4-57-81 RESOLVED that, pursuant to a Public Hearing having been held on April 7, 1981 IL on Petition 81-3-1-10 as submitted by J. T. Alvaro to rezone property located on the south side of Ann Arbor Trail, west of Newburgh Road in the Northeast 1/4 of Section 31, from RUF and AG to R-7, the City Planning Commission does hereby recommend Petition 81-3-1-10 be tabled until April 28, 1981. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Morrow, Sobolewski, Vyhnalek, Falk, Andrew NAYS: Scurto, Zimmer ABSENT: Smith Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 81-2-2-2 by Steve Kaplantzes requesting waiver use approval to utilize a Class C Liquor License in connection with an existing restaurant located on the northeast corner of Five Mile and Merriman Roads in the Southwest 1/4 of Section 14. Mr. Nagy: There are no engineering problems involved here. According to the City's Engineering Department. There was no one present wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mr. Kluver, seconded by Mr. Morrow, and adopted, it was 1[0 4-58-81 RESOLVED that, pursuant to a Public Hearing having been held on April 7, 1981 on Petition 81-2-2-2 as submitted by Steve Kaplantzes requesting waiver use approval to utilize a Class C Liquor License in connection with an existing restaurant located on the northeast corner of Five Mile and Merriman Roads in the Southwest 1/4 of Section 14, the City Planning Commission does hereby recommend to the City Council that Petition 81-2-2-2 be approved subject to the following conditions: (1) This petition is approved subject to the waiver of the 1,000 foot separation requirement contained in Section 11.03(h) of the Zoning Ordinance. for the following reasons: (1) The subject site has the capacity to accommodate the proposed use. (2) The use of a Class C Liquor License at the subject location will be compatible to and in harmony with adjacent and surrounding uses in the area. 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, Morrow, Sobolewski, Vyhnalek, Zimmer, Falk, Andrew NAYS: Scurto ABSENT: Smith ` . Andrew, Chairman, declared the public hearing on this item closed. 7448 Mr. Falk announced the next item on the agenda is Petition 81-3-2-3 by Marilyn Bennett requesting waiver use approval to utilize an SDD License in connection with an existing party store located on the east side of Middlebelt between Seven Mile and Dardenella in the Northwest 1/4 of Section 12. I, Is. Marilyn Bennett: I am the owner of the Mid-Seven Party Store. I have been there 9036 Middlebelt 11 years. The business has been bad and I would like to add liquor as many of my customers have asked. I now have beer and wine and people want to make only one stop for both liquor and beer and wine. There is competition around me. I would pave the side at the south of the building. Some of my customers have occasionally parked at the Dunkin Donut lot. There is no physical division or barrier between the two. Mr. Morrow: Will the landlord improve the property. Ms. Bennett: No, I will do it. Mr. Nagy: It should improve the traffic situation. The cars will not be backing over the sidewalk of Middlebelt. Mrs.Sobolewski: What is the busiest time for customers? Ms. Bennett: Weekends. Mrs. Sobolewski: What else besides beer and wine do you sell? Ms. Bennett: We sell some groceries, cigarettes and pop. Mrs. Sobolewski: Do you have storage of bottles in the back? 1. Bennett: Yes, we have a good system. -s. Scurto: I thought there were bumper blocks between your establishment and Dunkin Donuts? Ms. Bennett: You can drive through Dunkin Donuts from my lot. Mrs. Scurto: If the area on the south side of the establishment was paved how many cars could be parked there? Mr. Nagy: Three cars could be placed in the side yard. Ms. Bennett: If we had cars parked the length of the building we could get more than three there. Mr. Zimmer: With the additional parking would there be sufficient parking? Mr. Nagy: Possibly, a study would be required to verify that. Mr. Zimmer: Have you had any complaints from Dunkin Donuts about customers parking there? Ms. Bennett: No. Mr. Falk: I would suggest a tabling resolution so we can go over the parking situation. flerre was no one else present wishing to be heard regarding this petition. '. Andrew, Chairman, declared the public hearing on this item closed. 7449 On a motion duly made by Mrs. Scurto, seconded by Mrs. Sobolewski, and adopted, it was #4-59-81 RESOLVED that, pursuant to a Public Hearing having been held on April 7, 1981 Ion Petition 81-3-2-3 by Marilyn Bennett requesting waiver use approval to utilize an SDD License in connection with an existing party store located on the east side of Middlebelt between Seven Mile Road and Dardenella in the Northwest 1/4 of Section 12, the City Planning Commission does hereby table the matter until April 14, 1981. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Morrow, Scurto, Sobolewski, Andrew NAYS: Vyhnalek, Falk, Zimmer ABSENT: Smith Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 81-3-2-5 by Lawrence J. and Sara Epstein requesting waiver use approval to utilize an SDD License in connection with an existing business located in Wonderland Shopping Center at Middlebelt and Plymouth Roads in the Northeast 1/4 of Section 35. Mr. Nagy: There are no engineering problems. Lawrence Epstein: We have had requests for 4 1/2 years for this. It would be a service 24375 Knollwood to the public. Times are difficult. I have changed some of my items. We have beer and wine now. The marketing area needs the product. Mrs. Scurto: Are you presently in business anywhere else? Mr. Epstein: No. 'Ars. Scurto: Does Liquor Control Commission control how liquor by the bottle can be stored or displayed in the front? Mr. Epstein: It must be 6 feet from the doorway. Mr. Vyhnalek: What are the hours of operation of the shopping center? Mr. Epstein: 10 to 9 daily. Mr. Vyhnalek: Do you propose the same hours? Mr. Epstein: Yes, the center would not be in favor of a change. Mr. Andrew: Do we have any comments from the center? Mr. Nagy: No. Mr. Zimmer: Are you marketing a given group of things now. Are you having something today and then something different tomorrow? Mr. Epstein: We intended to be a close-out discount type operation. My store is now health and beauty items, drugs, beer and wine and related food items. Ar.l[ Zimmer: Your operation doesn't appear to be that or never has. I have trouble with the product mix. Does the liquor agency look at your product mix? Ar. Epstein: Yes. I have tripled my wine products, doubled my food items. With liquor the store would be consistent. 7450 • Mr. Zimmer: I consider your store at the low end of the scale of things that I would like to see in there. is. Sobolewski: How big of an 'area would be used for liquor? 4. Epstein: 24 lineal feet of shelves. I will build a checkout counter. Mrs. Sobolewski: Where? Mr. Epstein: At the right side facing the store. Mrs. Sobolewski: Do you run the store by yourself? Mr. Epstein: Pretty much. Mrs. Sobolewski: How old does any employee have to be to sell liquor? Mr. Epstein: 18 years old. Mrs. Sobolewski: Where is the nearest store with liquor sales? Mr. Epstein: Revco has an SDD and Elias Bros. Market has an SDM. Within a shopping center the Liquor Control Commission will waive the footage requirement. There was no one else present wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the public hearing on this item closed. II:: a motion duly made by Mr. Vyhnalek, seconded by Mr. Morrow, and adopted, it was -60-81 RESOLVED that, pursuant to a Public Hearing having been held on April 7, 1981 on Petition 81-3-2-5 as submitted by Lawrence J. and Sara Epstein requesting waiver use approval to utilize an SDD License in connection with an existing business located in Wonderland Shopping Center at Middlebelt and Plymouth Roads in the Northeast 1/4 of Section 35, the City Planning Commission does hereby recommend to the City Council that Petition 81-3-2-5 be approved for the following reasons: (1) The Wonderland Center in general and the Marketplace area in particular has the capacity to accommodate the proposed use. (2) The proposed use complies with all of the specialand general requirements contained in Section 11.02 and 19.06 of the Zoning Ordinance. FURTHER RESOLVED that, notice of the above Public Hearing was sent to the 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, Morrow, Sobolewski, Vyhnalek, Falk, Andrew NAYS: Scurto, Zimmer ABSENT: Smith 111: I. Andrew, 'Chairman, declared the motion is carried and the foregoing resolution adopted. 7451 Mr. Falk announced the next item on the agenda is proposed amendment to Article XII of Zoning Ordinance #543 to add Section 12.03, Waiver Uses, in P. L. Zoning Districts. Andrew: Can we determine whether or not the portion of the school being leased 110 . to R.E.T.S. will be assessed as real property in 1982, Mr. Mardiros. r. Mardiros: If the person that leases does not enjoy tax exempt status then the schools tax exempt status does not extend to the user. There are other educational institutions that do enjoy tax exemptions. Mr. Andrew: The balance of the building does not have to be taxed just the portion that is used by the user. Mrs. Scurto: Has the school board been notified? Mr. Nagy: Only as of tonight about 5:30 p.m. Mr. Cameron: As far as the school board is concerned this was turned over to our attorneys and the legal department of the City. They had a meeting. Mr. Andrew: At the conclusion of that meeting Mr. Tatigian instructed planning staff to propose this amendment. Do you have a copy of the proposed public lands district regulations? Mr. Cameron: I was given a copy tonight. Mr. Andrew: We will send the Superintendent of School and President of the school board copies of the district regulations. Mr. Nagy will see to that. 1[fir. Zimmer: Any proposed use under this language other than for a public school makes it a waiver use. r. Andrew: As part of the standard under this they would be required to furnish us with a copy of the lease or memorandum of lease. . Mr. Vyhnalek: What if this school had tax exemption? Mr. Mardiros: The Golden Lantern had commercial zoning. It is now on city owned property. Mr. Nagy: It is a nonconforming use. It was there prior to the time the city bought the property. There was no one else present wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mrs. Sobolewski, seconded by Mrs. Scurto, and unanimously adopted, it was #4-61-81 RESOLVED that, pursuant to a Public Hearing having been held on April 7, 1981 on Petition 81-2-6-3 as submitted by the City Planning Commission to amend Section 23.01(b) of Zoning Ordinance #543, to amend Article XII of Ordinance #543 by adding Section 12.03, Waiver Uses, to the P.L. District regulations, the City Planning Commission does hereby recommend to the City Council that Petition 81-2-6-3 be tabled until April 28, 1981. O Mr. Andrew,. Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Smith arrived at 10:10 p.m. 7452 Mr. Falk announced the next item on the agenda is Petition 81=3-2-6 by the Livonia Jaycees requesting waiver use approval to hold an Annual Jaycee Spring Carnival at Wonderland Shopping Center located at the southwest corner of Middlebelt and Plymouth Roads in Section 35. ve Mandaville: I am Chairman of this event. We plan the carnival for May 10 thru i i'.vonia Jaycee June 1, 1981. Mrs. Sobolewski: Are those the normal dates that you have? Mr. Mandaville: Usually it is two weeks. M/s. Sobolewski: This is 3 weeks. Mr. Mandaville: It is in conjunction with Wonderland Community Group type weekend. They asked us if the carnival had the time to come in earlier. Mrs. Sobolewski: Is it the same carnival operation as previous? Mr. Mandaville: Yes. Mrs. Sobolewski: What are the hours of operation? Mr. Mandaville: 3 p.m. to 11 p.m. during the week and Noon to 11 p.m. on weekends. Mrs. Sobolewski: Will it be the same size? Mr. Mandaville: Yes, the same. I. Zimmer: Where is the Florida Trailer? . Morrow: How many years have you had the carnival? . Mandaville: In excess of 18 years. Mr. Mardiros: It was almost scraped three years ago. There was lack of supervision. The longer it is there the bigger nuisance it is. We had problems with purse snatching, improper behavior of the carnivalpe6ple, and I suggest sometime be spent there by your Jaycees to better supervise the operation. Just don't count the money. Mr. Morrow: Are you aware of some of the comments made? Mr. Mandaville: That was before I was a member but I am aware of those problems. Mr. Morrow: I hope you take it to heart. There was no one else present wishing to be heard regarding this petition. Mr. Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mr. Smith, seconded by Mrs. Sobolewski, and unanimously adopted, it was 7453 #4-62-81 RESOLVED that, pursuant to a Public Hearing having been held on April 7, 1981 on Petition 81-13-2-6 by the Livonia Jaycees requesting waiver use approval IL to hold an Annual Jaycee Spring Carnival from May 10, 1981 to June 1, 1981 at Wonderland Shopping Center located at the southwest corner of Middlebelt Road and Plymouth Road in Section 35, the City Planning Commission does hereby recommend to the City Council that Petition 81-3-2-6 be approved for the following reasons: (1) The Police and Fire Departments have indicated no objections to the petition. (2) The use of the property for carnival purposes will not interrupt the normal traffic flow and use of land for parking purposes. 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 Rehearing of Petition 79-8-1-27 by Eugene and Arthur Pulice to rezone property located north of Five Mile Road, west of Hubbard in the Southwest 1/4 of Section 13, from R-1 to P. Mr. Nagy: There are no engineering problems involved with this petition. Arthur Pulice: The Council gave the petition first reading. At the second reading there was some concern about too much parking. There were objections to IL the parking by one neighbor. It required six votes because of the pro- test and it was not approved. It was a 5-2 vote, the two being Bishop and Bennett favoring the proposal. We have changed the petition. We decreased the size of the building. We have decreased the parking area. We have more than doubled the greenbelt area by the neighbor and tripled it in back by the neighbor on Fairfield. We plan a berm on the west side of the proposed rezoning and the north side. - Mr. Andrew: On the site plan a wall must be shown. Mr. Smith: Do you intend to go to the Zoning Board of Appeals? Mr. Pulice: Some of the neighbors indicate they don't want a wall. We feel we can build a berm 3 1/2 feet on the west and higher on the north side. • Mr. Andrew: Are the owners of Lot 166 here? Mr. Pulice: No, they were in favor of it previously. Arthur Herman: It was rejected originally because of the parking. There will be 15316 Fair- increased traffic. I have four letters from neighbors opposing the field petition. They could not be here tonight. I now have a parking lot across from me and a garbage bin facing my front door. I will be surrounded by parking lots. Ors. Scurto: How large will this building be compared to the size of the realtor's office known as Thompson and Brown? 7454 Mr. Nagy: Approximately twice the size of the realtor 's office. . Smith: How many parking spaces do you have? '. Pulice: 20 spaces. Twelve cars will be on the west side. There will be very little on Five Mile Road. now Mr. Smith: I have previously opposed the petition, however, I/think this would enhance the corner. Certainly 20 more cars won't hurt that much. With good site development. Mr. Smith: We could enhance the corner. Mr. Herman: Have you ever had to clean up your yard from the debris of parking lots? Mr. Zimmer: I feel that there is room to put a building and parking on Five Mile without taking up residential. You don't consider it to be a marketable project without this lot? Mr. Pulice: The frontage all along Five Mile has been utilizing parking on a former residential lot. Mr. Zimmer: I feel that site could adequatelydevelop with a building and parking lot on the commercial property. These parking lots are a terrible site to look at. Mrs. Scurto: Has anyone approached you about the purchase of your home Mr. Herman? 1[0:. Herman: No. irs. Scurto: We are locking the Herman's in. We should have stopped this encroachment long ago. I feel it is not tDo late. Look what happened on Plymouth Road. Five Mile is a very vital area of the City. Mr. Andrew: The Future Land Use plan calls for the first tier of residential lots to be parking from Hubbard to Farmington. Mrs. Scurto: Who is going to be able to use the property that Herman now owns? and Mr. Andrew: Possibly Mr. Pulice might enlarge his building/need the property. Mr. Pulice: I have lived in the area for 30 years. My family lives in the area. My daughter lives in the first house north of Five Mile on Mayfield. I live in the second house north of Five Mile. With the parking lot in the back the traffic will exit onto Hubbard rather than Fairfield. Mrs. Scurto: You are not surrounded by a parking lot on three sides. Mr. Morrow: I am impressed with what you are coming up with. Mr. Zimmer: Does this comply with the Future Land Use Plan? Mr. Nagy: Yes. There was no one else present wishing to be heard regarding this petition. 'Ir. Andrew, Chairman, declared the public hearing on this item closed. 7455 On a motion duly made by Mr. Smith, seconded by Mr. Morrow, and adopted, it was #4-63-81 RESOLVED that, pursuant to a Public Hearing having been held on April 7, 1981 on Petition 79-8-1-27 as submitted by Eugene and Arthur Pulice to rezone property located north_ of Five Mile Road, west of Hubbard in the Southwest 1/4 of Section 13, from R-1 to P. , the City Planning Commission does hereby recommend to the City Council that Petition 79-8-1-27 be approved for the following reasons: (1) The proposed change of zoning will provide for a more practical and efficient development of the adjacent professional service district to which the subject area is attached. (2) The proposed parking district will provide for uses that will be compatible to the surrounding and established uses in the area since the subject site is large enough to provide the necessary offstreet parking and generous landscaping and screening. (3) The proposed zoning district will provide for uses which would be consistent with the recommendation of the Future Land Use Plan. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of 3/23/81 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: Kluver, Morrow, Smith, Sobolewski, Vyhnalek, Falk, Andrew NAYS: Scurto, Zimmer ABSENT: None . Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Morrow, seconded by Mr. Vyhnalek, and unanimously adopted, it was 3/18/81 #4-64-81 RESOLVED that, pursuant to a letter dated/from Wynne Garlow and Peter Zurek requesting an extension of approval of Petition 78-8-2-23 as submitted by Wynne Garlow and Peter Zurek, requesting waiver use approval to operate a restaurant within an existing structure located in the Livonia Mall Shopping Center at the northwestcorner of Middlebelt and Seven Mile Roads in Section 2, the City Planning Commission does hereby recommend to the City Council that an extension be granted for a period of one year from the date of this resolution subject to all of the conditions attached to the original waiver use approval. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mr. Vyhnalek, and unaimously adopted, it was #4-65-81 RESOLVED that, pursuant to a letter dated 3/18/81 from Wynne Garlow and Peter Zurek requesting an extension of approval of Petition 78-8-2-24 as submitted by Wynne Garlow and Peter Zurek, requesting waiver use approval to establish a Class C Liquor Licensed Operation within an existing building located in the Livonia Mall Shopping Center at the Northwest corner of Middlebelt and Seven Mile Roads in Section 2, the City Planning Commission does hereby recommend to the City Council that an extension be granted for a period of one year from the date of this resolution subject to all of the conditions attached to the original waiver use approval. 7456 Mr. Andrew, Chairman declared the motion is carried and the foregoing resolution adopted. i . Falk announced the next item on the agenda is a motion by the City Planning Commission pursuant to Section 23.01(b) of Zoning Ordinance #543, to amend the Future Land Use Plan by changing the designation of lands located south of Ann Arbor Trail, west of Newburgh Road. Mr. Kluver: I would like to make a tabling resolution until Item 4 is resolved. Mr. Andrew: Do I hear a second? Do I hear a second for the second time? Do I hear a second for the third time? The motion fails. On a motion duly made by Mr. Morrow, seconded by Mrs. Scurto, and adopted, it was #4-66-81 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission does hereby establish and order that a public hearing be held in the City Hall of the City of Livonia, to determine whether or not to amend the Future Land Use Plan by changing the designation of lands located south of Ann Arbor Trail, west of Newburgh. FURTHER RESOLVED, notice of time and place of said public hearing shall be published in a newspaper of general circulation in the City of Livonia and a notice by registered United States mail shall be sent to each public utility or railroad within the City of Livonia in accordance with the provisions of Act 285 of the Public Acts of Michigan of 1931, as amended. A roll call vote on the foregoing resolution resulted in the following: ILAYES: Morrow, Scurto, Smith, Sobolewski, Vyhnalek, Falk, Zimmer NAYS: Kluver, Andrew ABSENT: . None r. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Vyhnalek, seconded by Mr. Zimmer and adopted, it was . #4-67-81 RESOLVED that, the minutes of the 409th Regular Meeting and Public Hearings held by the City Planning Commission on March 24, 1981, be approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Morrow, Scurto, Smith, Sobolewski, Vyhnalek, Zimmer, Andrew NAYS: None ABSTAIN: Falk, Kluver ABSENT: None Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk announced the next item on the agenda is Petition 81-2-8-8P by Giuseppi Alongi, requesting approval of all plans required by Section 18.58 of Zoning Ordinance #543, as amended by Ordinance #1468, submitted in connection with a proposal to construct a commercial building on the south side of Seven Mile Road between Floral and Deering in Section 12. rs. Sturgill: I would like to see the alley vacated and businesses go in that are not opened until all hours. 7457 Mr. Andrew: I believe there are plans for the vacating of the alley. We cannot control the kinds of businesses that go in if they comply with the 4 zoning classification. I hope you understand that. here was no one else present wishing to be heard regarding this petition. . Andrew, Chairman, declared the public hearing on this item closed. On a motion duly made by Mr. Morrow, seconded by Mr. Vyhnalek, and unanimously adopted, it waE #4-68-81 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #1468, the City Planning Commission does hereby approve Petition 81-2-8-8P by Giuseppi Alongi, requesting approval of all plans required by Section 18.58 submitted in connection with a proposal to construct a commercial building on the south side of Seven Mile Road between Floral and Deering in Section 12, subject to the following conditions: (1) that Site Plan 81-1-102, Sheet 1, dated 3/20/81, prepared by John E. Wisniewski, P.E. , which is hereby approved shall be adhered to; (2) that the building elevations as shown on Plan 81-1-102, Sheet 3, dated 2/14/81, which are hereby approved shall be adhered to; (3) that the landscaping shown on Plan 81-1-102, Sheet 1, dated 3/2/81, which is hereby approved shall be adhered to; (4) that the approved landscaping shall be installed on the site prior to building occupancy and thereafter permanently maintained in a healthy condition; (5) that any proposed signage shall be reviewed and approved by the Planning Commission; (6) that the unused sign frame on the roof of one of the existing build-ings shall be removed; and (7) that the roof mounted A.C. condensor shall be screened from public view. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mrs. Scurto, seconded by Mr. Vyhnalek, and unanimously adopted, it was #4-69-81 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 81-3-8-13 by R. A. DeMattia Company requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to construct an additional drive-in, automatic teller machine unit to an existing banking facility located on the east side of Farmington Road, north of Five Mile Road in Section 15, be approved subject to the following conditions: (1) that Site Plan 80141A, Sheet P-1, dated 3/11/81, prepared by DeMattia & Associates, which is hereby approved shall be adhered to; (2) that the proposed automatic teller unit shall be constructed as shown on Plan 80141A, Sheet P-1, dated 3/11/81, prepared by DeMattia & Associates; 7458 (3) that the landscaping as shown on Plan 80141A, Sheet P-1, which is hereby approved shall be installed on the site as soon as the expanded o paving has been completed. '. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. n a motion duly made by Mr. Morrow, seconded by Mrs. Scurto, and unanimously adopted, it was #4-70-81 RESOLVED that, pursuant to a letter dated March 17, 1981 from James Blain Associates requesting an extension of approval of Petition 79-5-2-14 as submitted by James Blain Associates requesting waiver use approval to construct a building for general office uses on the northeast corner of Levan and Schoolcraft Service Drive in the Southeast 1/4 of Section 20, the City Planning Commission does hereby recommend to the City Council that an extension be granted for a period of one year from the date of this resolution subject to the conditions attached to the initial waiver use approval. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 410th Regular Meeting and Public Hearings held by the City Planning Commission on April 7, 1981, were adjourned at 11:15 p.m. City Planning Commission IL Jos- .h J. 1'alk, ,5-cretary ATTEST: at,iia.""//2"-47,1 r' Daniel R. Andrew, Chairman