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HomeMy WebLinkAboutPLANNING MINUTES 1985-06-25 9394 \ MINUTES OF THE 498th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, June 25, 1985, the City Planning Commission of the City of Livonia held its 498th Regular Meeting and Public Hearings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. R. Lee Morrow, Chairman, called the meeting to order at 8:00 pm with approxi- mately 60 interested persons in the audience. Members present: R. Lee Morrow Herman Kluver Jeanne Hildebrandt Sue Sobolewski Donald Vyhnalek Michael Duggan C. Russ Smith Members absent: Michael Soranno Donna Naidow Messrs. John J. Nagy, Planning Director; H. G. Shane, Assistant Planning Director; and Ralph H. Bakewell, Planner IV, were present. Mr. Morrow informed the audience that if a petition on tonight's agenda involves a rezoning or vacating request, this Commission only makes a recommendation to the City Council who, in turn, will hold its own public hearing and decide the question. If a petition involves a waiver of use request and the request is denied, the 1100 petitioner has ten days in which to appeal the decision to the City Council; 4 otherwise the petition is terminated. Mrs. Sobolewski, Secretary, announced the first item on the agenda is Petition 85-3-1-10, as amended, by Norman Akarakcian to rezone property located on the south side of Eight Mile Road, east of Middlebelt Road, in the Northwest 1/4 of Section 1 from RUF to P.S. Mr. Morrow: Mr. Nagy, any correspondence regarding this petition? Mr. Nagy: Yes, we have a letter from the Engineering Division indicating the natural water course lying along the southerly limits of the site may require clearing and reshaping to accommodate the additional runoff from the development. This matter will be reviewed further (including possible enclosure of the drain) as site plans are finalized and submitted to this office. This communication was signed by Gary Clark, Assistant City Engineer. That is the extent of any correspondence. Mr. Morrow: Is the petitioner present? Norman Akarakcian: Yes, I have had this lot for quite a few years, and I want 3359 Bloomfield to make the most appropriate use of this land, which I feel WBloomfield, MI is a professional office building. I feel a professional office building is the most appropriate because there are dir other office buildings to the east, across the street, and 1104 most all of these buildings arebeing rented. I feel this is the most appropriate use. IL, Mr. Morrow: Are you the owner of this area? 9395 -2- Mr. Akarakcia: Yes, I own Lot 349. I spoke with the owner of Lot 350 and 4 I might be able to purchase that lot also. Mr. Morrow: Do you have any problems with the drains in this area? Mr. Akarakcian: At this time, the site drains to the back, and as the Engineering Department indicated, we have no problems with accommodating the drains the same way. It will just have to be graded properly. Mrs. Sobolewski: You do definitely own both lots? Mr.Akarakcian: I own the large lot and have an option to buy the second one. Mrs. Sobolewski: Will you yourself be occupying the office? Mr. Akarakcian: No, they are being built for speculation. Mr. Kluver: Mr. Akarakcian, would you consider purchasing Lot 351? Mr. Akarakcian: Yes, if there is a demand for more office buildings. Mr. Kluver: So, if this is approved, there would be more construction for expansion. Mr. Akarakcian: Yes. Mr. Morrow: Any questions or comments from the Commission? Is there anyone in the audience wishing to speak either for or against this petition? Mr. Estyle Blythe: This man is real up tight against the shopping center, up 29060 Morlock tight against the cemetery. He wants to go right through my property going south. I want to tell him he can't do it. I have been there for over 30 years, but I know that if anyone has a dollar more than I have, he will put in this building. These professional people, once they get in there is no stopping them. He would probably even come right on our property with his buildings. Mr. Morrow: He would be in violation if he did that. Mr. Blythe: Well, I am definitely against this. I want some separation between his buildings and my property. Mr. Morrow: He will be required to build a wall where his property abuts any residential property. That is the ordinance. As I see it you are opposed to this petition as you see it tonite. You do not want it rezoned? Mr. Blythe: No, I don't want it rezoned now or ever. Michael Duggan: Mr. Blythe, you are concerned that he will continue to develop this land. But no one can force a private individual to sell his land if he doesn't really want to. -3- 9396 Mr. Blythe: I know better than that, and I can prove it to you. The City could have my property condemned and then someone will come along and buy it from me. 3 3 Mr. Morrow: That is impossible, the City Council can approve paving a road or rezoning land, but they cannot force you to sell your land. Mr. Blythe, you are on record as being opposed to this petition. Is there anyone else in the audience wishing to speak either for or against this petition? Are there any comments or questions from the Commission? Since there was no one else present wishing to be heard on Petition 85-3-1-10, as amended, Mr. Morrow, Chairman, declared the Public Hearing on this item closed. On a motion made by Mr. Smith, supported by Mrs. Hildebrandt and unanimously approved, it was #6-120-85 RESOLVED that, pursuant to a Public Hearing having been held on June 25, 1985 on Petition 85-3-1-10, as amended, by Norman Akarakcian to rezone property located on the south side of Eight Mile Road, east of Middlebelt Road in the Northwest 1/4 of Section 1 from RUF to P.S., the City Planning Commission does hereby recommend to the City Council that Petition 85-3-1-10, as amended, be approved for the following reasons: 1) This proposed change of zoning will provide for uses that are complimentary to and in harmony with the adjacent and surrounding uses in the area; 2) The proposed change of zoning will provide a transition or buffer zone between Eight Mile Road and the adjacent residential uses in the area; 3) The proposed change of zoning will provide for office uses in compliance with the Future Land Use Plan. 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. Morrow, Chairman, declared the motion carried and foregoing resolution adopted. Mrs. Sobolewski, Secretary, announced the next item on the agenda as Petition 85-5-1-11 by John P. Dinan to rezone property located on the southwest corner of Eight Mile Road and Gill Road in the Northwest 1/4 of Section 4 from RUFB to P.S. and P. Mr. Morrow: Mr. Nagy, any correspondence? Mr. Nagy: Yes, we have a letter from Engineering Division dated May 28, 1985 indicating that this petition meets with their approval. They also state that while there are existing storm and sanitary sewer facilities on the west side of Gill, it will be necessary to extend public storm and sanitary sewers (in appropriate public easements) across the subject site for the benefit of the sewer districts west of the project. This communication was signed by Gary Clark, Asst. City Engineer. That is the extent of our correspondence. -4- 9397 Mr. Morrow: Is the petitioner present? Chas. Tangora: Yes, I am here to represent John Dinan, but I have been out of town for the last several weeks and have not had a good opportunity to see this petition. I did go over it a little this afternoon, and based on that I do not have any of the details. Because of this fact, I would hereby respectfully ask that this petition be tabled until a later date. I could then appear before a Study Session, and then more fully familiarize myself with the petition. Mr. Morrow: You are the attorney for Mr. Dinan? Mr. Tangora: Yes, I have represented Mr. Dinan in the past. I was not available for the Study Session. Mr. Morrow: Is Mr. Dinan the owner of this property? Mr. Tangora: No, but he does have an option to buy, in the event this petition goes through. Mr. Morrow: Does the Commission have any questions or comments to Mr. Tangora: Don Vyhnalek: I understand fully that you are the counsel for Mr. Dinan and that he wants to put in some office buildings like the ones already at Farmington and Lyndon. They will be of the same type? Mr. Tangora: Yes, they will be the same architecture as those on Farmington Road. Sue Sobolewski: Mr. Tangora, why couldn't Mr. Dinan appear tonight? Mr. Tangora: I indicated to him that it was not necessary that he be here because I represent him, and I could face the Commission on just what it is that he is desirous of obtaining. I understand that this was studied at a Study Session, and Mr. Dinan was not invited to that study session. Sue Sobolewski: I feel that Mr. Dinan himself should be here. Mr. Tangora, you are merely an echo of him. Mr. Morrow: Are there any more questions or comments from the Commission? Is there anyone in the audience wishing to speak either for or against this petition? Terry Hoeft: I am sure you can see that there are a lot of people here tonight 20520 Gill Rd. from the Woodbrooke Subdivision, and also people across from that subdivision as well as adjacent areas to this. We have spent a lot of time and effort to bring this petition to you which is definitely against this rezoning. (He then pro- ceeded to read aloud the Preamble to these residents' petition) . I understand that you require petitions from 20% of the people who live within 100' of the property. I think we have 100% of those people. -5- 9398 Terry Hoeft: There were some resident s in the area who could not be here 20520 Gill Road tonite, but their names are also on these petitions. Mr. Morrow: All of these signatures will go on record as opposed to this rezoning petition. Terry Hoeft: My particular concerns regarding this rezoning have to do with a parking lot directly behind my property, and I really don't like the idea of a wall either. This is a beautiful area, rural, a lot of wildlife, wildflowers. I feel our quality of life will be diminshed as well as the possible threat of burglary and vandalism. What would the access to these buildings be - off of Eight Mile Road or off of Gill Road? Mr. Morrow: This is strictly a rezoning petition. If this particular petition were to be approved, the individual would have to come back with a Site Plan. Terry Hoeft: One of the lots goes 300' feet and with two lots being considered that would make 600' into an area that is definitely now residential. I think this would be a detriment to the residential area. The use of Gill Road would become a real nuisance, coming in and going out of the office buildings. Mr. Morrow: Mr. Nagy, is Gill Road a collector road now, a half-mile road? a Mr. Nagy: Yes, that is it exactly, a half-mile collector road. Terry Hoeft: It would probably become a major thoroughfare if this development took place. I do appreciate the opportunity you have given me to speak in front of the Planning Com- mission as I am very concerned about this property. I would like to ask you to recommend to the City Council that they not rezone this property. Mr. Morrow: Thank you, Mr. Hoeft. Is there anyone else in the audience wishing to speak either for or against this petition? Les Davis: I have lived here for the last 15 years with my lady 20417 Gill Road friend, and I don't like this idea at all. We have got birds out here and ducks, and someone wants to put something in that is wrong. Mr. Morrow: Just exactly where do you live? Mr. Davis: (He then pointed to the map, directly below referenced property) . You know on Eight Mile Road on the south side between Gill Road and Newburgh, there is not one piece of property that is commercial. Never has been commercial. This is vacant here (pointing to Map) and never was commercial. And then they talk about putting in a parking lot. Well, if I itanted to live next to a parking lot, I'd live down next to the Ren Cen. This just isn't going to work. -6- 9399 Mr. Davis: Down here along Norfolk, from Norfolk to Eight Mile Road is about 500 yards. And they want to put in commercial back from Eight Mile anywhere from 250 to 300 feet. The man that lives here will be looking out his back window at a parking lot, and you know that will reduce the value of his property. They are talking about buying up 5 acres of land, and before you know it, they will want to buy up everything around here. And talk about fumes, what about the smell from all the cars that park in the parking lot, and the noise of cars going in and out. This will not work here. Mr. Morrow: Mr. Davis, I appreciate your comments, thank you, and I believe it is safe to assume that you are opposed to this proposal. Is there anyone else in the audience wishing to speak? Charles Mirabitur: One thing that Mr. Davis forgot to mention was ecology. 20498 Gill Road Livonia's slogan is PEOPLE COME FIRST IN LIVONIA. We moved here because it was a nice rural setting. We like the birds and animals, we counted 19 different species of birds in the area, and if you put up this office building, what about all the wildlife? We moved into the neighborhood because of the way it was developed. Mr. Morrow: How long have you lived here? 1110 Mr. Mirabitur: Two years, we came here from another community, and we we are definitely against this petition. 46, Larry Roesner: We have lived here since 1974 and we came in from another 34805 Norfolkcommunity. The reason we selected this was because of the rural setting. If you look at this logically, the creek gives a natural boundary between those homes in the R-3 section next to those in the RUF. That goes good together. But now suddenly we are talking about putting in some type of professional buildings right in the middle. Livonia has spread out a lot, but I can see no logical reason for this type of development. This is a family-type setting, this is a family area. Mr. Morrow: Mr. Rosener, Mr. Kluver asked the petitioner's representative if these buildings would be similar to those directly across from Metrovision? Have you seen those? Mr. Roesner: Yes, I did look at those and I personally think they are distasteful. I think there are a lot of other kinds of buildings that would fit in there better than those. I want to see the city remain clean and nice. Why can't you leave the residential area in a rural setting? 1100 Mr. Kluver: Mr. Nagy, wasn't there something in the plans about widening Eight Mile Road? Mr. Nagy: Yes, there are long range plans to eventually widen Eight Mile Road, as well as Gill Road. -7- 9400 Mr. Vyhnalek: What about the building setbacks on Eight Mile Road? How far is allowed? Mr. Nagy: With a Professional Service classification, the buildings must set back 40' from the right of way of Eight Mile Road 4110 and 40' west of Gill Road. Mr. Morrow: Anyone else? Herbert Judd: At the risk of being redundant, I also am definitely 34600 Norfolk against this whole thing. I can't see why you, as a Commission, can even look at this messhole. This has been the zoning here for many years, why change it now? Nancy M I live wayback in the subdivision and I agree with those 20017 Whitby people who live closer to this proposed development. The houses on the east side of Gill Road were the original models and right here is the entrance to our subdivision. Anybody coming up Eight Mile or Gill Road is going to pass this when coming into our sub, and I don't like that idea at all. You are setting aprecedent if you allow this, and then what will happen after? Even more office buildings? I feel that is a violation of peoples' right who live around here. Dan Wilner:110 We have lived here for eight years. We came here from Taylor 34501 Norfolk and it looks like you are trying to put something in here that we moved here to get away from. We like the wildlife, with all the rabbits and deer. I wouldn't care if you put in multiple family zoning, R-7, but not professional office 16, buildings. Mr. Morrow then asked for a show of hands of those in the audience who opposed this rezoning petition. More than 90% of the people raised their hands. Mr. Duggan: I would like to make one comment to Mr. Hoeft, and that is I would compliment him very much on his presentation. He did his homework well, and presented a very good display of opposition to this petition. Mr. Smith: To the petitioner's representative, Mr. Tangora, in view of what you have heard here tonite, do you feel at this time that a tabling resolution is still in order? Mr. Tangora: Yes, I would definitely appreciate a tabling resolution. Mr. Davis: Can't you see that 100% of the people who live around here are definitely opposed to this? We would like you to know that if we have to we will go to a higher court. At this time, Mr. Morrow, Chairman, closed the Public Hearing on Petition 85-5-1-11. 10 On a motion duly made by Mr. Vyhnalek, and supported by Mr. Kluver, it was RESOLVED that, pursuant to a Public Hearing having been held on June 25, 1985 on Petition 85-5-1-11 by John D. Dinan to rezone 40 propoerty located on the southwest corner of Eight Mile Road and Gill Road in the Northwest 1/4 of Section 4 from RUFB to P.S. , the City Planning Commission does hereby determine to table this petition to a later date. -8- 9401 A roll call vote on the foregoing motion resulted in the following: AYES: Kluver, Vyhnalek NAYS: Hildebrandt, Duggan, Sobolewski, Smith, Morrow ABSENT: Naidow, Soranno Mr. Morrow, Chairman, declared foregoing motion denied. On a motion then duly made by Mrs. Hildebrandt, and supported by Mr. Duggan, it was #6-121-85 RESOLVED that, pursuant to a Public Hearing having been held on June 25, 1985 on Petition 85-5-1-11 by John D. Dinan requesting to rezone property located on the southwest corner of Eight Mile Road and Gill Road in the Northwest 1/4 of Section 4 from RUFB to P.S. and P. , the City Planning Commission does hereby recommend to the City Council that Petition 85-5-1-11 be denied for the following reasons: 1) The proposed change of zoning is contrary to the recommendations of the Future Land Use Plan; 2) The proposed change of zoning represents an intrustion of non-residential uses into a large lot residential subdivision area; 3) The proposed change of zoning would encourage similar requests for non-residential zoning on adjacent lands along Eight Mile Road; 4) There is available land elsewhere in the area which is properly 46, zoned to accommodate the uses permitted by the proposed zoning district. FURTHER RESOLVED that, notice of the above hearing were given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. A roll call vote on the foregoing motion resulted in the following: AYES: HILDEBRANDT, DUGGAN, SOBOLEWSKI, SMITH, MORROW NAYS: Kluver, Vyhnalek ABSENT: Naidow, Soranno Mr. Morrow, Chairman, declared above motion carried and foregoing resolution adopted. Mrs. Sobolewski, Secretary, then announced the next item on the agenda as Petition 85-5-1-12 by the City Planning Commission to rezone property located on the east side of Haggerty Road between Seven Mile and Eight Mile Roads in the west 1/2 of Section 6 from RUF, M-1 and C-2 to P.O. Mr. Morrow: Mr. Nagy, any correspondence? Mr. Nagy: We have a letter from the Engineering Division indicating they have no problems with this petition. That is the extent of our correspondence. -9- 9402 Mr. Morrow: As you can see, this is a petition initiated by the Planning Commission to rezone property along Haggerty between Seven and Eight Mile Roads. Is there anyone in the audience wishing to speak either for or against this petition? 11.0 Robert Beauchamp: I represent the property owner, and we would request that 30777 NW Hwy. that parcel of land north of Phillips Road be withdrawn from Farm. Hills this particular petition. Mr. Morrow: As I understand it, Mr. Beauchamp, you want to hold this particular parcel in abeyance until you can come forth with a different proposal. Mr. Beauchamp: Yes, that is right. Mr. Morrow: Is there anyone else in the audience wishing to speak on this petition? Since there was no one else wishing to speak on this petition, Mr. Morrow, Chairman, closed the public hearing on Petition 85-5-1-12. On a motion duly made by Mr. Duggan, supported by Mr. Vyhnalek and unanimously adopted, it was #6-122-85 RESOLVED that, pursuant to a Public Hearing having been held on June 25, 1985 on Petition 85-5-1-12 by the City Planning Commission to rezone property located on the east side of Haggerty Road between Seven and Eight Mile Roads in the West 1/2 of Section 6 from RUF, M-1 and C-2 to P.O. , the City Planning Commission does hereby recommend to the City Council that Petition 85-5-1-12 be withdrawn as it relates to all lands lying north of Phillips Road and that the petition should be approved as it relates to all lands lying south of Phillips Road for the following reasons: 1) The proposed change of zoning reflects the Future Land Use Plan recommendations for the subject property; 2) The proposed change of zoning will encourage uses of subject properties which are in keeping with the Planning Commission's goals and policies for development of the I-275 Freeway corridor; 3) The proposed change of zoning will be compatible to and in harmony with the surounding uses in the area. FURTHER RESOLVED that, notice of the abovepublic hearing was given in accordance with the provisions of Section 23.05 of Ordinance #543, as amended. Mr. Morrow, Chairman, declared above motion carried and foregoing resolution adopted. Mrs. Sobolewski, Secretary, then announced the next item on the agenda as Petition 85-5-1-13 by the City Planning Commission to rezone property located on the west side of Inkster Road, south of Six Mile Road in Section 13 from C-1 to R-2. -10- 9403 Mr. Morrow: Mr. Nagy, any correspondence? Mr. Nagy: Yes, we have a letter from Engineering indicating no problems with this proposal, as well as a letter from 3 property owners on Inkster Road definitely voicing approval of the petition to rezone 411, this land from commercial to residential. Mr. Morrow: Would it be possible to indicate on the map just which homes these are. Mr. Nagy: These particular lots back up to those already in the residential classification. Since they are less than one-half acre in size, we determined that the R-2 classification would be more appropriate for this property than an RUF zoning. Mr. Morrow: Is there anyone in the audience wishing to speak either for or against this petition? Elmer Elonzae: I have been here for 30 years and every year I have to come to 16955 Inkster see if I can't get a break on my taxes. We would like this changed to residential. I can't get around too good anymore and some of these homes are older, and we can't see why this has to be zoned commercial. Katherine Kohout: We live in this area, and we too are in support on this 16704 Rougeway petition. Since there was no one else present wishing to speak on this petition, Mr. Morrow, Chairman, declared the public hearing closed on Petition 85-5-1-13. On a motion duly made by Mrs. Hildebrandt, supported by Mr. Kluver and unanimously adopted, it was #6-123-85 RESOLVED that, pursuant to a Public Hearing having been held on June 25, 1985 on Petition 85-5-1-13 by the City Planning Commission to rezone property located on the west side of Inkster Road, south of Six Mile Road in Section 13 from C-1 to R-2, the City Planning Commission does hereby recommend to the City Council that Petition 85-5-1-13 be approved for the following reasons: 1) The proposed change of zoning is consistent with the current use of the several properties involved; 2) The proposed change of zoning is consistent with the Planning Commissions's policy of zoning land to reflect its current use. FURTHER RESOLVED that, notice of the above public hearing was given in accordance with the provisions of Section 23.05 of Ordinance #543, as amended. Mr. Morrow, Chairman, declared above motion carried and foregoing resolution adopted. -11- 9404 IlLMrs. Sobolewski, Secretary, then announced the next item on the agenda as Petition 85-5-1-14 by Angelo Barile requesting to rezone property on the southeast corner of Seven Mile Road and Brentwood in the Northwest 1/4 of Section 12 from RUF to C-3. Mr. Morrow: Mr. Nagy, any correspondence? Mr. Nagy: Yes, we have a letter from Engineering indicating no problems connected with this proposal dated June 5th and signed by Gary Clark, Assistant City Engineer. Mr. Morrow: Is the petitioner or his representative present? Mr. Nagy: This is one where the gentleman was entertaining the idea of having this matter tabled at a later date. This particular property has been requested to be rezoned before but it was denied by the Planning Commission as well as the City Council. The petitioner indicated that he would get back with us with his decision as to whether we should go ahead or table it, but we have heard nothing from him. Mr. Morrow: You say he originally wanted it rezoned from RUF to C-3, which is the least restrictive commercial classification. Is there anyone in the audience wishing to speak either for or against this petition: 11:: John Hunt: I really don't want this changed from a residential zoning. 19004 Brentwood There are a lot of kids up and down the streets, and with any change we would probably get a lot more traffic. Have lived here for 26 years and like it the way it is right now. We have been here before when there was talk of putting in commercial. Mr. Morrow: I believe this was before us with a request to change to C-1 at one time. Mr. Nagy: Yes, about six months ago. Mr. Morrow: That petition was denied? Mr. Nagy: There is very little C-3 zoning in the city. Robert Gallant: For the same reasons as Mr. Hunt, we are definitely against 18992 Brentwood any change in the zoning here. Since the C-1 zoning was voted down, we feel that this C-3 should also be voted down. Richard Spens: We live right across Brentwood from where they want to 28515 7Mile rezone this property, and we don't think there is anything wrong with that. We wouldn't mind if a restaurant went in there. I guess I am just concerned as to what kind of restaurant it vould be. t Mr. Morrow: If this were approved, they would then have to come in with a Site Plan. Restaurant is permitted in a C-3 zoning, and they would have to come before us with site plans, they couldn't just put anything in there that they wanted to. They would 41, have to show parking lot plans as well. 9405 -12- Mr. Gallant: I think the Commission should know that Mr. Spens also owns Lot No. 24 which is right next to the lot where they want to put the restaurant, and he probably is thinking about developing his lot 1E:0 as well. Mr. Morrow: Any more comments or questions? Since there was no one else present wishing to be heard regarding this petition, Mr. Morrow, Chairman, declared public hearing on Petition 85-5-1-14 closed. On a motion duly made by Mr. Kluver, supported by Mrs. Hildebrandt, and unani- mously adopted, it was #6-124-85 RESOLVED that, pursuant to a Public Hearing having been held on June 25, 1985 on Petition 85-5-1-14 by Angelo Barile requesting to rezone property located on the southeast corner of Seven Mile Road and Brentwood in the Northwest 1/4 of Section 12 from RUF to C-3, the City Planning Commission does hereby recommend to the City Council that Petition 85-5-1-14 be denied for the following reasons: 1) The proposed change of zoning would be detrimental to the adjacent residential uses in the area; 2) There is already an abundance of commercially zoned land in the area; 1[40 3) The proposed change of zoning would continue the proliferation of strip commercial zoning along Seven Mile Road contrary to the Planning Commission's adopted goals and policies for commercial development; 4) The proposed change of zoning is in conflict with the Future Land Use Plan which recommends office uses for this area; 5) The proposed zoning district, C-3, is the least restrictive commercial zoning district. FURTHER RESOLVED that, notice of the above public hearing was given in accordance with the provisions of Section 23.05 of Ordinance #543, as amended. Mr. Morrow, Chairman, declared above motion carried and foregoing resolution adopted. Mrs. Sobolewski, Secretary, then announced the next item on the agenda as Petition 85-1-2-1 by Harry VanEss requesting waiver use approval to construct a two-bay addition to an existing business located on the southeast corner of Five Mile Road and Harrison in the North 1/2 of Section 24. Mr. Morrow: Mr. Nagy, any correspondence? Mr. Nagy: We have no correspondence on this petition. Mr. Morrow: Is the petitioner present? t 9406 -13- Harry VonEss: We intend to move our parking lot to the back, and put in 28335 5 Mile two more bays for work, generally upgrade the property. Mr. Morrow: Any comments or questions from the Commission? Is there anyone in the audience wishing to speak either for or against this petition? Since there was no one present wishing to speak on this petition, Mr. Morrow, Chairman, declared public hearing on Petition 85-1-2-1 closed. On a motion duly made by Mr. Smith, supported by Mrs. Hildebrandt, and unani- mously adopted, it was #6-125-85 RESOLVED that, pursuant to a Public Hearing having been held on Petition 85-1-2-1 by Harry VonEss requesting waiver use approval to construct a two-bay addition to an existing business located on the southeast corner of Five Mile Road and Harrison in the North 1/2 of Section 23, the City Planning Commission does hereby recommend to the City Council that Petition 85-1-2-1 be approved, subject to the following conditions: 1) That the Site Plan dated 12/15/84, Sheet 1, prepared by Affiliated Engineering, Inc. , which is hereby approved, shall be adhered to; 2) That the landscaping shown on the approved Site Plan shall be installed prior to the issuance of a Certificate of Occu- pancy and thereafter permanently maintained in a healthy condition; 3) That the petitioner shall install an underground sprinkler system to serve the areas of the site proposed to contain grass or sod; 4) That the Building Elevation Plan, Sheet 2, dated 12/27/84, prepared by Affiliated Engineering, Inc. , which is hereby approved, shall be adhered to; 5) That theparking or storage of vehicles in the front or side yard area between the street and the building shall be prohibitied, for the following reasons: 1) The subject site has the capacity to accommodate the proposed use; 2) All standards and requirements of the Zoning Ordinance respecting the subject proposal are being complied with; 3) The proposed use is compatible to and in harmong with the sur- rounding uses in the area. FURTHER RESOLVED that, notice of the above publcc hearing was given given in accordance with the provisions of Section 19.05 of Ordinance #543, as amended. Mr. Morrow, Chairman, declared above motion carried and foregoing resolution adopted. -14- 9407 Mrs. Sobolewski, Secretary, then announced the next item on the agenda as Petition 85-5-2-15 by Taco Bell requesting waiver use approval to construct an addition to an existing restaurant located on the west side of Merriman Road, north of Plymouth Road in the Southeast 1/4 of Section 27. Mr. Morrow: Any correspondence, Mr. Nagy? Mr. Nagy: Yes, we have a letter from a Mr. James Rossman, from Lake City, Michigan which reads as follows: I am the general partner for the owners of the parcel of land located just north of Taco Bell, the parcel to be used for their expansion. I favor approval of this Taco Bell petition. This seems to be the best development for this area and permits a proven successful climate to expand. We also have a letter from the Wayne County Road Commission indicating that this expansion really has no major effect on the site plan. That is the extent of our correspondence. Mr. Morrow: Is the petitioner present? Don McCarty: We would like to expand our seating at this site and have already 801 No. Cass been in touch with the Wayne County Road Commission about relocating Wesmont, IL one of the driveways into the area to the north to provide for better traffic flow. All documents requested at the Study Meeting have been submitted. Mr. Morrow: Thank you, Mr. McCarty. Is there anyone in the audience wishing 140 to speak either for or against this petition? Any comments or questions from the Commission? Since there was no one present wishing to speak on this petition, Mr. Morrow, Chairman declared public hearing on Petition 85-5-2-15 closed. On a motion duly made by Mr. Smith, supported by Mrs. Sobolewski, and adopted, it was #6-126-85 RESOLVED that, pursuant to a Public Hearing having been held on June 25, 1985 on Petition 85-5-2-15 by Taco Bell requesting waiver use approval to construct an addition to an existing restaurant located on the west side of Merriman Road, north of Plymouth Road in the Southeast 1/4 of Section 27, the City Planning Commission does hereby recommend to the City Council that Petition 85-5-2-15 be aoorived, subject to the following conditions: 1) That the Site Plan, Sheet A-1, dated 6/20/85, prepared by Taco Bell, which is hereby approved, shall be adhered to; 2) That the Landscape PLan, dated 6/24/85, prepared by Taco Bell, is hereby approved and the landscaping shown thereon shall be installed prior to the issuance of a Certificate of Occupancy and shall thereafter be permanently maintained in a healthy condition; 3) That the building elevation plan, dated 6/24/85, prepared by Taco Bell, which is hereby approved, shall be adhered to, -15- 9408 • for the following reasons: 1) The subject site has the capacity to accommodate the proposed use; 2) All applicable standards and requirements of the Zoning Ordinance are being complied with; 3) The proposed use will be compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED that, notice of the above public hearing was given in accordance with the provisions of Section 19.05 of Ordinance #543, as amended. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Vyhnalek, Duggan, Sobolewski, Smith, Morrow NAYS: Hildebrandt ABSENT: Naidow, Soranno Mr. Morrow, Chairman, declared above motion carried and foregoing resolution adopted. Mrs. Sobolewski, Secretary, then announced the next item on the agenda as Petition Petition 85-5-2-17 by Civic Center Plaza requesting waiveruse approval to utilize a Class C Liquor License within a building proposed to be located on the south side of Five Mile Road, west of Farmington Road in the Northeast 1/4 of Section 21. Mr. Morrow: Mr. Nagy, any correspondence? Mr. Nagy: No, we have no correspondence on this petition. Mr. Morow: Is the petitioner present? Giuliano Soave: We need your approval for this waiver use because we are less 34650 5 Mile than 1000' away from another bar when we move our building to the back. Mr. Morrow: Any comments or questions from the commission? Is there anyone in the audience wishing to speak either for or against this petition? Since there was no one present wishing to speak on this petition, Mr. Morrow, Chairman, declared public hearing on Petition 85-5-2-17 closed. On a motion duly made by Mr. Kluver, supported by Mrs. Hildebrandt, and unanimously adopted, it was #6-127-85 RESOLVED that, pursuant to a Public Hearing having been held on June 25, 1985 on Petition 85-5-2-17 by Civic Center Plaza requesting waiver use approval to utilize a Class C Liquor License within a building proposed to be located on the south side of Five Mile Road, west of Farmington Road in the northeast 1/4 of Section 21, the City Planning Commission does hereby recommend to the City Council that Petition 85-5-2-17 be approved subject to the City Council waiving the 1000' separation requirement (Section 11.03(h) ) for the following reasons: -16- 9409 1) The subject Class C license is an existing license currently utilized by the petitioner at a different location on the same parcel of land; i 2) The subject site has the capacity to accommodate the proposed use. FURTHER RESOLVED that,notice of the above public hearing was given in accordance with the provisions of Section 19.05 of Ordinance #543, as amended. Mr. Morrow, Chairman, declared above motioncarried and foregoing resolution adopted. On a motion duly made by Mr. Duggan, supported by Mr. Vyhnalek, and unanimously adopted, it was #6-128-85 RESOLVED that, the Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure regarding the seven-day period concerning effective- ness of Planning Commission resolutions in connection with Petition 85-5-2-17 by Civic Center Plaza requesting waiver use approval to utilize a Class C Liquor License within a building proposed to be located on the south side of Five Mile Road, west of Fann'_ngton Road in the Northeast 1/4 of Section 21. Mr. Morrow, Chairman, declared above motion carried and foregoing resolution adopted. Mrs. Sobolewski, Secretary, then announced the last item on the Public Hearing agenda as Petition 85-5-3-5 by Walter J. Mistak requesting the vacating of an alley located north of Plymouth Road, east of Stark Road in the Southeast 1/4 of Section 28. Mr. Morrow: Mr. Nagy, any correspondence? Mr. Nagy: Yes, we have a letter from Consumers Power, dated June 12, 1985, advising that they have no facilities bounded by lots 8 thru 14 in the southeast 1/4 of Section 28, and therefore have no objection to this proposed vacating. We also have a letter from our Engineering Division indicating that a full width easement be retained for public utilities. Mr. Morrow: Is the petitioner present? John Mistak: Yes, I am here representing my father, Walter Mistak, who is the owner of Walter's Home Appliances. We are planning to expand our whole store here in Livonia to the east and have our entrance on the northern side of the store. The total look of the store will be changed. Mr. Vyhnalek: What about the driveway between the two buildings? It seems that the health food store loads through the front and the back of his store. IL Mr. Morrow: Was the health food store notified of this meeting? 411, Mr. Mistak: We will have no problems with the health food store when we complete our expansion project. -17- 9410 Mr. Morrow: Any comments or questions from the commission? Is there anyone in the audience wishing to speak on this petition? I Since there was no one present wishing to speak either for or against this petition, Mr. Morrow, Chairman, declared public hearing on Petition 85-5-3-5 closed. On a motion duly made by Vyhnalek, supported by Mr. Smith, and unanimously adopted, it was #6-129-85 RESOLVED that, pursuant to a Public Hearing having been held on Petition 85-5-3-5 on June 25, 1985 by Walter J. Mistak requesting the vacating of an alley located north of Plymouth Road, east of Stark Road in the South- east 1/4 of Section 28, the City Planning Commission does hereby recommend to the City Council that Petition 85-5-3-5 be approved subject to the retention of a full width easement to protect existing utilities for the following reasons: 1) No public purpose would be served by retaining the subject alley in public ownership; 2) The public could be better served by vacating the subject alley to allow its use in conjunction with development of the adjacent property and to return the right-of-way to the tax rolls; 3) No City Department or Public Utility Company has objected to the subject vacating. FURTHER RESOLVED that, notice of the above public hearing was given in accordance with the provisions of Section 12.08.030 of Ordinance #543, as amended. Mr. Morrow, Chairman, declared above motion carried and foregoing resolution adopted. On a motion duly made by Mr. Vyhnalek, supported by Mr. Duggan, and unanimously adopted, it was #6-130-85 RESOLVED that, pursuant to a Public Hearing having been held on May 21, 1985 on Petition 85-5-3-4 by the City Planning Commission pursuant to Section 12.08.030 of the Livonia Code of Ordinances to vacate a portion of Ashurst Avenue, north of Five Mile Road in the Southwest 1/4 of Section 16, the City Planning Commission does hereby recommend to the City Council that Petition 85-5-3-4 be approved subject to a full width easement being retained to protect existing facilities for the following reasons: 1) The interests of the city would be better served by vacating this subject public right-of-way and allowing this area to be returned to the tax rolls; 2) There is no public need to retain the subject right-of-way in public ownership; 3) No City Department of public utility company has objected to this proposed right-of-way vacating. FURTHER RESOLVED that, notice of the above public hearing was given in accordance with the provisions of Section 12.08.030 of the Livonia Code of Ordinances, as amended. -18- 9411 Mr. Morrow, Chairman, declared above motion carried and foregoing resolution adopted. On a motion duly made by Mrs. Hildebrandt, supported by Mr. Duggan, and adopted, it was #6-131-85 RESOLVED that, minutes of the 497th Regular Meeting held by the City Planning Commission on June 11, 1985 were approved. A roll call vote resulted in the following: AYES: Kluver, Hildebrandt, Vyhnalek, Duggan, Sobolewski, Morrow NAYS: None ABSENT: Smith ABSTAIN: Morrow Mr. Morrow, Chairman, declared above motion carried and foregoing resolution adopted. • On a motion duly made by Mrs. Hildebrandt, supprted by Mr. Vyhnalek, and unanimously adopted, it was #6-132-85 RESOLVED that, pursuant to Section 18.58 of the Zoning Ordinance #543 the City Planning Commission does hereby approve Petition 85-5-8-1OP by L. N. Butcher requesting approval of all plans required by Section 18.58 of Zoning Ordiance #543, in connection with a proposal to con- struct a new gasoline station with a convenience store on property located on the south side of Ann Arbor Trail between Wayne Road and Rosly in Section 33, subject to the following conditions: 1113: 1) that Site Plan B-5422, dated 5/10/85, by Amoco Oil Company, is hereby approved and shall be adhered to; 2) That Food Shop building elevations as shown on Plan B-79213-L, dated 5/10/85 by Amoco Oil Company, are hereby approved and shall be adhered to; 3) That Canopy Plan B-79206, dated 4/3/85 by Amoco Oil Company is hereby approved and shall be adhered to; 4) That the Landscape Plan dated 4/16/85 by Penco Associates is hereby approved and shall be adhered to; 5) That the landscaping shall be installed on the site prior to occupancy and thereafter maintained in a healthy condition. Mr. Morrow, Chairman, declared above motion carried and foregoing resolution adopted. On a motion duly made by Mr. Kluver, supported by Mr. Smith, and unanimously adopted, it was #6-133-85 RESOLVED that, pursuant to Section 18.58 of the Zoning Ordinance #543, the City Planning Commission does hereby approve Petition 85-6-8-11P by Shaw Construction & Management Co. , requesting approval of all plans required by Section 18.58 of Zoning Ordinance #543 in connection with a proposal to construct three one-story office buildings on property located on the south side of Schoolcraft Service Drive between Levan and Ottersen Court in Section 29, subject to the following conditions: 1) That Site Plan 85-05, dated 6/12/85, prepared by Kamp-DiComo, is hereby approved and shall be adhered to; -19- 9412 2) That Building Elevation Pla85-05 dated 6/11/$5 prepared b Kamp- i omo ssociates, is hereby approve$ and shall be aheres to; 3) That the Landscape Plan, dated 6/13/85, prepared by James C. Scott I: Associates, is hereby approved and shall be adhered to; 4) That the landscaping shall be installed on the site prior to building occupancy and thereafter maintained in a healthy condition. Mr. Morrow, Chairman, declared above motion carried and foregoing resolution adopted. On a motion duly made by Mr. Vyhnalek, supported by Mr. Smith, and unanimously adopted, it was #6-134-85 RESOLVED that, the City Planning Commission does hereby approve the Permit Application #1845 by John Salmen requesting approval to erect a satellite disc antenna on property located on the west side of Gill Road between Seven and Eight Mile Road in the Northwest 1/4 of Section 4, subject to the following conditions: 1) That the Site Plan and specifications submitted with Permit Application #1845 by John Salman, which are hereby approved, shall be adhered to. Mr. Morrow, Chairman, declared above motion carried and foregoing resolution adopted. On a motion duly made by Mr. Smith, supported by Mrs. Hildebrandt, and unanimously 111;10 adopted, it was #6-135-85 RESOLVED that, pursuant to Section 18.58 of Zoning Ordinance #543, the City Planning Commission does hereby approve Petition 85-6-8-12P by Bi-Con Construction Company requesting approval of all plans required by Section 18.58 of Zoning Ordinance #543 in connection with a proposal to construct an addition to the Elks Lodge located on the south side of Plymouth Road between Denne and Hubbell in Section 35, subject to the following conditions: 1) That Site Plan 8503.00, Sheet A-1, prepared by Architectural Resources Associates, is hereby approved and shall be adhered to; 2) That Landscape Plan 8503.00, dated 6/25/85, prepared by Archi- tectural Resources Associates, which is hereby approved, shall be adhered to; 3) That Building Elevation Plan 8503.00, Sheet A-3 and A-4, prepared by Architectural Resources Associates, which is hereby approved, shall be adhered to 4) The approved landscaping shall be installed on the site prior to occupancy of the addition and thereafter maintained in a healthy condition. Mr. Morrow, Chairman, declared above motion carried and foregoing resolution adopted. d 9413 -20- On a motion duly made, seconded and unanim ously adopted, it was #6-136-85 RESOLVED that the following officers were elected to the Livonia City Planning Commission for the year beginning July 1, 1985: CHAIRMAN: Lee Morrow VICE-CHAIRMAN: C. Russ Smith SECRETARY: Donna Naidow Mr. Morrow, Chairman, declared above motion carried and foregoing resolution adopted. On a motion duly made, supported and unanimously adopted, the 498th Regular Meeting and Public Hearings held by the City Planning Commission on June 25, 1985 was adjourned at 10:15 pm. CITY PLANNING COMMISSION Sue Sobolewski, Secretary [00 ATTEST: R. Lee Morrow, Chairman pds