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HomeMy WebLinkAboutPLANNING MINUTES 1982-07-27 7727 MINUTES OF THE 437th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA 4 4 On Tuesday, July 27, 1982, the City Planning Commission of the City of Livonia 3 held its 437th Regular Meeting and Public Hearings in the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the Public Hearings and Regular Meeting to order at 8:00 p.m. , with twelve interested persons in the audience. Members present: Daniel R. Andrew Lee R. Morrow Sue Sobolewski Jerome Zimmer Donald Vyhnalek Donna Naidow Joseph J. Falk Herman Kluver Judith Scurto Members absent: None Messrs. John J. Nagy, Planning Director, and H. G. Shane, Assistant Planning Director, were also present. Mr. Andrew informed the audience that if a petition on tonight's agenda involves a question of waiver use approval and the petition is denied, the petitioner has ten days in which to appeal the decision of the Commission to the City Council . Mr. Falk, Secretary, announed the first item on the agenda is Petition 82-6-2-17 by John Baja requesting waiver use approval to operate a restaurant within a shopping center located on the northwest corner of Seven Mile and Middlebelt Roads in the Southeast 1/4 of Section 2. Mr. Andrew: Mr. Nagy, is there any correspondence in the file regarding this petition? Mr. Nagy: There is a letter in the file from the Engineering Division stating that there are no engineering problems in connection with this petition. Mr. John Baja, 710 Meadow Lane, Dearborn, Michigan, was present . Mrs. Jeanne Hildebrandt, 35159 Lancashire, Livonia, Michigan, was present. Mr. Baja: This is to be a family-type restaurant operated by myself and my three sons. We operate three restaurants at the present time. One in Fairlane Towne Center, one is Twelve Oaks Mall and one in Oakland Mall in Troy. They are called Jonathon B Pub and have sandwich type menus and also drinks - big glasses, low prices. We open at 11 :00 and close at 2:00 a.m. during the week. On Sundays, our hours are 12:00 to 8:00 p.m. I have some sketches and pictures of our present place and would like to show them to you. Mr. Andrew: What is the status of the Garlow petition? Have you, Jeanne, ever entered into a lease or is all they have is approval from the City to operate? i Mrs. Hildebrandt: Nothing has ever been finalized with the Mall . That was two years ago and they have never come back. . x 7728 Mr. Andrew: John, what is the status of those petitions? Mr. Nagy: Approval has expired. 4 4 Mrs. Scurto: Are you the gentleman who owned the place on Telegraph and Michigan? 4 Mr. Baja: I still do. It was called Baja's Restaurant until 1970. Now it is called the Sun Dog and is operated by the Muirs. There was no one else present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 82-6-2-17 closed. On a motion duly made by Mr. Kiuver, seconded by Mr. Falk and unanimously adopted, it was #7-117-82 RESOLVED that, pursuant to a Public Hearing having been held on July 27, 1982 on Petition 82-6-2-17 by John Baja requesting approval to operate a restaurant within a shopping center located on the northwest corner of Seven Mile and Middlebelt Roads in the Southeast 1/4 of Section 2, the City Planning Commission does hereby recommend to the City Council that Petition 82-6-2-17 be approved subject to the following conditions: (1) that Plan #2882, Sheet P. 1 of 1 , dated 7/26/82, prepared by J. Wolf Associates, Architects, which is hereby approved shall be adhered to; t (2) that the Sketch Plan #4381 , prepared by J. Wolf Associates, Inc. , Architects, and dated 7/26/82, which is hereby approved shall be adhered to; for the following reasons: (1) The proposed use complies with the C-2 Zoning District regulations and the waiver use standards of the Zoning Ordinance which relate to the proposed use. (2) The proposed use will be compatible to and in harmony with the surrounding and established uses in the area. (3) The proposed use will enhance the overall tenant mix and provide for an added service not currently available in the shopping center. FURTHER RESOLVED that, notice of the above public hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk, Secretary, announced the next item on the agenda is Petition 82-7-2-18 i 7729 by John Baja requesting waiver use approval to utilize a Class C Liquor License in connection with a restaurant proposed to be located within the shopping center located on the northwest corner of Seven Mile and Middlebelt Roads in the Southeast 1/4 of Section 2. 4 Mr. Nagy: There is a letter in the file from the Engineering Division which indicates that there are no engineering problems in connection with this proposal . John Baja, 710 Meadow Lane, Dearborn, Michigan, was present. There was no one else present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 82-7-2-18 closed. On a motion duly made by Mr. Kluver, seconded by Mr. Morrow and unanimously adopted, it was #7-118-82 RESOLVED that, pursuant to a Public Hearing having been held on July 27, 1982 on Petition 82-7-2-18 by John Baja requesting waiver use approval to utilize a Class C Liquor License in connection with a restaurant proposed to be located within a shopping center located on the northwest corner of Seven Mile and Middlebelt Roads in the Southeast 1/4 of Section 2, the City Planning Commission does hereby recommend to the City Council that Petition 82-7-2-18 be approved subject to the following condition: (1) that the Class C Liquor License be used in conjunction with I: the proposed restaurant known as Jonathon B Pub and to the 10 extent that is shown on the Plan identified as Job #2882, Sheet P. 1 of 1 , prepared by J. Wolfe Associates, Architects; for the following reasons: (1) The proposed waiver use complies with the C-2 Zoning District regulations and waiver use standards of the Zoning Ordinance which relate to the proposed use. (2) The proposed use will be compatible to and in harmony with the surrounding and established uses in the area. (3) The proposed use will enhance the overall tenant mix and provide for an added service not currently available in the shopping center. FURTHER RESOLVED that, notice of the above public hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk, Secretary, announced the next item on the agenda is Petition 82-7-2-19 by James A. Moody requesting waiver use approval to operate a restau- rant within an existing building located on the southwest corner of Eight Mile Road and Grand River in the Northeast 1/4 of Section 1 . IL Mr. Nagy: There is a letter in the file dated 7/13/82 from the Engineering 7730 A Division indicating that there are no engineering problems connected with this petition. Mr. James A. Moody, petitioner, was not present. 4 J There was no one present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 82-7-2-19 closed. On a motion duly made by Mrs. Scurto, seconded by Mr. Morrow and unanimously adopted, it was #7-119-82 RESOLVED that, pursuant to a Public Hearing having been held on July 27, 1982 on Petition 82-7-2-19 by James A. Moody requesting waiver use approval to operate a restaurant within an existing building located on the southwest corner of Eight Mile Road and Grand River in the Northeast 1/4 of Section 1 , the City Planning Commission does hereby determine to table Petition 82-7-2-19 until the Study Meeting to be conducted on August 3, 1982. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk, Secretary, announced the next item on the agenda is Petition 82-6-6-2 by the City Planning Commission to amend Section 2. 10 of Zoning Ordinance #543 to amend the definition of mechanical amusement device to coincide with the definition as set forth in the Livonia Code of Ordinances. Mr. Andrew: This is a petition by the City Planning Commission to amend a section of the Zoning Ordinance dealing with the definition of mechanical IL amusement devices. Anyone in the audience care to speak for or against this petition? There was no one present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 82-6-6-2 closed. On a motion duly made by Mr. Kluver, seconded by Mr. Morrow and unanimously adopted, it was #7-120-82 RESOLVED that, pursuant to a Public Hearing having been held on July 27, 1982 on Petition 82-6-6-2 by the City Planning Commission to amend Section 2. 10 of Zoning Ordinance #543 to amend the defini- tion of mechanical amusement device to coincide with the definition as set forth in the Livonia Code of Ordinances, the City Planning Commission does hereby recommend to the City Council that Petition 82-6-6-2 be approved for the following reason: (1) The proposed amendment would provide Zoning Ordinance language that is consistent with that contained in the Licensing Ordinance regarding the definition of "mechanical amusement device." FURTHER RESOLVED that, notice of the above public hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. 1[10 7731 Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Falk, Secretary, announced the next item on the agenda is Petition 82-6-6-3 1: by the City Planning Commission to amend Section 18.59 of Zoning Ordinance #543, Mechanical Amusement Devices, to amend the regulations pertaining to video games as accessory uses. Mr. Andrew: This is a petition by the Planning Commission on its own motion to amend the regulations contained in the .Zoning Ordinance, speci- fically as they relate to the number of video games permitted as accessory uses, There was no one present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 82-6-6-3 closed. On a motion duly made by Mrs. Naidow, seconded by Mr. Kluver and unanimously adopted, it was #7-121-82 RESOLVED that, pursuant to a Public Hearing having been held on July 27, 1982 on Petition 82-6-6-3 by the City Planning Commission to amend Section 18.58 of Zoning Ordinance #543, Mechanical Amuse- ment Devices, to amend the regulations pertaining to video games as accessory uses, the City Planning Commission does hereby recom- mend to the City Council that Petition 82-6-6-3 be approved for the following reasons: (1) The proposed Zoning Ordinance amendment will provide more appropriate controls for the number of mechanical amusement devices allowed as accessory uses to various recreational type facilities. t (2) The proposed Zoning Ordinance amdndment will ensure that the impact of mechanical amusement devices on the normal operation of the principal use to which they are attached is minimized. FURTHER RESOLVED that, notice of the above public hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver and seconded by Mr. Morrow, it was RESOLVED that, pursuant to a Public Hearing having been held on June 22, 1982 on Petition 82-5-2-15 by Animal Health Services, Inc. , requesting waiver use approval to locate a veterinary clinic within a shopping center located on the northwest corner of Schoolcraft and Inkster Roads in the Southeast 1/4 of Section 24, the City Planning Commission does hereby recommend to the City Council that Petition 82-5-2-15 be denied for the following reasons: 14; (1) The petitioner has failed to demonstrate that this proposal complies with all of the specific and general standards con- tained in Sections 11 .03 and 19.06 of Zoning Ordinance #543, as amended. • 7732 Q ' (2) Such use is incompatible with and detrimental to the surrounding uses in the shopping center due to the nature of veterinary clinics and their dealings with diseased animals. (3) There is no evidence to substantiate that there will be separate refuse disposal facilities for animal waste products and adequate soundproofing and ventilating systems to prevent noise and odors from permeating the surrounding area. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Morrow, Sobolewski , Falk NAYS: Scurto, Naidow, Vyhnalek, Zimmer, Andrew Mr. Andrew, Chairman, declared the resolution fails. On a motion duly made by Mr. Vyhnalek and seconded by Mrs. Scurto, it was #7-122-82 RESOLVED that, pursuant to a Public Hearing having been held on June 22, 1982 on Petition 82-5-2-15 by Animal Health Services, Inc. , requesting waiver use approval to locate a veterinary clinic within a shopping center located on the northwest corner of School- craft and Inkster Roads in the Southeast 1/4 of Section 24, the City Planning Commission does hereby recommend to the City Council that Petition 82-5-2-15 be approved subject to the following con- dition: (1) that the use of the premises will be for a spaying, neutering and vaccination clinic and that no full-line veterinary opera- tion shall be permitted; further, that the petitioner has indicated that his lease restricts his use of the premises to that stated above. for the following reasons: (1) The proposal complies with all of the specific and general standards of Zoning Ordinance #543 contained in Sections 11 .03 and 19.06. (2) The proposed use will be compatible to the surrounding uses in the shopping center. (3) The proposed use is not a full-service veterinary clinic but will provide limited services. FURTHER RESOLVED that, notice of the above public hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mrs. Scurto: I visited his other animal clinic and I did not go inside but I observed the animals being carried in and out and could find nothing detrimental to the area. Mrs. Sobolewski : I did not visit the other operation but was the center similar to the center we are looking at? 7733 Mrs. Scurto: It is smaller. Not the same kind of location but my concerns of the 1: animals walking in and out and possibly posing a threat to other 14 people and children using the shopping center were alleviated. Most of the animals were carried and were not a problem. I am satisfied with that. And, it was very clean looking, back and front. Mr. Morrow: My concern is that I feel a shopping center is not the proper location for vet clinics regardless of the use. It is the use inside that is important. Mr. Kluver: I do not support this because this is not within what I consider good planning practice. I think this need has to be fulfilled but not in the shopping center. I see things happening in other parts of the City where these are located and they tend to become catch-alls. Mrs. Sobolewski : I don't believe it is necessary to locate this type of operation in a shopping center and I don't think it is compatible at all . I don't question the operation itself but I feel it could be easier to expand the operation to a full-service clinic. Mr. Andrew: I would suggest that if that is a major concern to this Commission that this Commission can specify that the use not be enlarged upon. Mr. Vyhnalek: . I will add that to my motion. Mr. Zimmer: I still have a hang-up about this but compared to some of the other uses in shopping centers, I find this to be less objectionable than pet shops. And also, pet shops are grooming clinics which do much the same to dogs and cause them to be nervous. I think this is a well-run, Ph.D. type of thing. i I[: A roll call vote on the foregoing resolution resulted in the following: AYES: Scurto, Naidow, Vyhnalek, Zimmer, Andrew NAYS: Kluver, Morrow, Sobolewski , Falk 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 #7-123-82 RESOLVED that, pursuant to Section 23.01 (b) of Zoning Ordinance #543, as amended, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to rezone property located on the east side of Middlebelt Road, south of the CO Railway in Section 25, from P.L. to M-1 . FURTHER RESOLVED that, notice of such hearing be given as provided in Section 23.05 of Zoning Ordinance #543, as amended. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. /0, 7734 On a motion duly made by Mrs. Scurto and seconded by Mrs. Naidow, it was #7-124-82 RESOLVED that, the minutes of the 435th Regular Meeting held by the City Planning Commission on July 13, 1982 are approved. 4 A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Morrow, Scurto, Naidow, Vyhnalek, Falk, Zimmer, Andrew NAYS: None ABSTAIN: Sobolewski Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Zimmer: Regarding Dr. Marston's petition, I talked with both doctors and they assured me that the plans would show that the building is completely brick on all four sides and that they would never put block on the back. That is what I thought it was to be. Is that on the drawing? Mr. Nagy: The plan shows block. Dr. George M. Marston, petitioner: The architect made an error on the plan but the rear will be brick. It will be brick all the way through. On a motion duly made by Mr. Kluver and seconded by Mr. Morrow, it was #7-125-82 RESOLVED that, pursuant to Section 18.58 of Zoning Ordinance #543, I: as amended by Ordinance #1567, the City Planning Commission does hereby approve Petition 82-6-8-12P by George M. Marston, O.D. , requesting approval of all plans required by Section 18.58 sub- mitted in connection with a proposal to construct an addition to an existing building located on the southeast corner of Plymouth Road and Blackburn in Section 34, subject to the following con- ditions: (1) that the Site Plan dated June 15, 1982, prepared by V. C. Zak, which is hereby approved shall be adhered to; (2) that the Building Elevation Plan dated June 15, 1982, prepared by V. C. Zak, which is hereby approved shall be adhered to; (3) that the existing landscaping located within the Plymouth Road right-of-way shall continue to be maintained in a healthy con- dition; (4) that the rear, or south, wall of the proposed addition shall be constructed of brick to match the brick used on the exist- ing building. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Morrow, Scurto, Naidow, Sobolewski , Vyhnalek, Falk, Andrew NAYS: None ABSTAIN: Zimmer 4 7735 Y Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution t4i adopted. On a motion duly made by Mr. Morrow, seconded by Mrs. Scurto and unanimously adopted, it was #7-126-82 RESOLVED that, pursuant to Section 18.58 of Zoning Ordinance #543, as amended by Ordinance #1567, the City Planning Commission does hereby approve Petition 82-6-8-14P by By-Rite Oil Company request- ing approval of 311 plans requ', red by Section 18.58 submitted in connection with a proposal to construct a canopy on an existing gasoline station located on the northwest corner of Plymouth and Inkster Roads in Section 25, subject to the following conditions: (1) that the Site Plan prepared by Texas Company which is hereby approved shall be adhered to; and (2) that the revisions to the existing landscaping as shown on the approved Site Plan which are hereby approved shall be completed prior to issuance of a building permit for the canopy and thereafter permanently maintained in a healthy condition. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Morrow and seconded by Mr. Kluver, it was e3 #7-127-82 RESOLVED that, pursuant to Section 18.58 of Zoning Ordinance #543, as amended by Ordinance #1567, the City Planning Commission does hereby approve Petition 82-6-8-15P by The Southland Corporation requesting approval of all plans required by Section 18.58 sub- mitted in connection with a proposal to add space for bottle storage onto an existing building located on the east side of Merriman Road, south of Plymouth Road in Section 35, subject to the following con- ditions: (1) that the Site Plan dated 7/12/82, prepared by Urban Land Consultants, which is hereby approved shall be adhered to; (2) that the landscaping as shown on the approved Site Plan shall be installed prior to the issuance of a Certificate of Occupancy and shall thereafter be permanently maintained ina a healthy condition; and (3) that the Building Elevation Plan dated 7/15/82, prepared by Louis Kilgore & Associates, Architects, which is hereby approved, shall be adhered to. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Morrow, Naidow, Sobolewski , Vvhnalek, Falk, Zimmer, Andrew NAYS: Scurto Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution 4 adopted. 1 7736 r • On a motion duly made by Mr. Kluver, seconded by Mr. Vyhnalek and unanimously adopted, it was #8-128-82 RESOLVED that, pursuant to Section 18.47 of Zoning Ordinance #543, 1 as amended by Ordinance #1567, the City Planning Commission does 4 hereby recommend to the City Council that a one-year extension of the approval of Petition 81-4-8-15 by Dr. Ernest F. Ajluni requesting approval of all plans required by Section 18.47 sub- mitted in connection with a proposal to construct a doctor's office on the west side of Farmington Road between Pickford and Clarita in Section 9, be granted subject to the same conditions as were set forth in the original approving Resolution #6-110-81 , adopted by the Planning Commission on June 9, 1981 . Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 437th Regular Meeting and Public Hearings held by the City Planning Commission on July 27, 1982 was adjourned at 8:55 p.m. CITY PLANNING COMMISSION AT.,5 7 • �i2 Jq�eph J. Fa Secretary ATTEST: � �� Daniel R. Andrew, Chairman ac 4