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HomeMy WebLinkAboutPLANNING MINUTES 1983-11-01 9037 MINUTES OF THE 463rd REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA • On Tuesday, November 1 , 1983, the City Planning Commission of the City of Livonia held its 463rd Regular Meeting and Public Hearings in the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the meeting to order at 8:00 p.m. with approx- imately 45 interested persons in the audience. Members present: Daniel R. Andrew Lee R. Morrow Donald Vyhnalek Joseph J. Falk Donna Naidow Sue Sobolewski Judith Scurto Herman Kluver Members absent: Jerome Z i mme r Messrs. H. G. Shane, Assistant Planning Director, and Ralph H. Bakewell , Planner IV, were also present. Mr. Andrew informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission only makes a recommendation to the City Council who, in turn, will hold its own public hearing and decide the question. If a petition in- volves a waiver of use request and the petition is denied by the Planning Commission, the petitioner has ten days in which to appeal for relief; otherwise the petition is terminated. Mr. Falk, Secretary, announced the first item on the agenda is Petition 83-6-3-4 by the City Planning Commission pursuant to Council Resolution #390-83 to vacate that portion of Pembroke Avenue lying between Purlingbrook and Milburn Avenue in the West 1/2 of Section 2. Mrs. Shane, Assistant Planning Director: There is a letter in the file from James A. Colsher dated 10/24/83 giving his reasons for objecting to this vacating proposal . There is also a letter from Gerard and Norma Kolpacke objecting to the vacating. There are also letters in the file from the City Engineering stating that if the area is vacated, a full width easement should be retained over the area since there is an existing 15" sanitary sewer extending along this road, and a letter from Detroit Edison stating that they have no objection to this proposal . Mrs. Scurto: We went through this area on Sunday. It would be absolutely ludicrous to vacate in front of this property because this is how they get to their house, and it has to be left open. Mr. Morrow: I echo Judy's feeling. I think I would find a problem with vacating Flamingo all the way to Purlingbrook. Flamingo to Milburn, I see no problem. IL Mr. Andrew: Mr. Colsher, do you have any objection to vacating Pembroke between Flamingo and Milburn? Mr. Colsher: Both parties living on the south side do not want it vacated. About ten years ago before anyone lived here, we asked that it be vacated and were told that wasn' t possible. Now that there is a house built there you want to vacate it . 9038 Iliw; Mr. Andrew: Both people residing on the south side of Pembroke between Flamingto and Milburn are in opposition? Mr. Colsher: Yes. Mrs. Scurto: I understand this area is landscaped. Mr. Colsher: I don' t want it because what am I going to do with this asphalt besides pay taxes on it? The people on the north side are not happy with this either. Mr. Andrew: Do they understand that if Pembroke between Flamingo and Milburn is vacated that the people on the south side will acquire 30' of property? Mr. Colsher: Yes, they understand that. Mr. Morrow: Were the property owners notified of this? Mr. Shane: Yes, they were notified. Mrs. Kolpacke: Mrs. Garchow is in a nursing home and unable to be here. On my build- ing permit I have correspondence with Gary Clark of the Engineering Department regarding the requirements of the road. Back in May or 1978 when we asked for a private drive they said legal complications could occur. Now, when we want to go along with the City, there are complications. And, Mr. Bennett, Councilman Bennett, is under the impression that this is a private road. Pembroke is not a private road. Mrs. Shirley Quinn, President of the Hillcrest Gardens Civic Association : This reso- lution carrbabout with false information. The Council was not properly informed. I find this unbelievable. This is a terrible thing to do to people when you deny them a private drive initially and then have someone throw this resolution out without getting their facts straight. The Association is prepared to back these residents. Mr. Andrew: Are you against the vacating of Pembroke between Flamingo and Milburn? Mrs. Quinn: We are against it because the homeowners are against it. The Farmers had planned on being here tonight but they are in Florida. Mr. Andrew: We are fairly convinced that Purlingbrook to Flamingo is a no-no, but what about from Flamingo to Milburn? Mrs. Quinn : What would it benefit. Mr. Andrew: Number one, it puts land back on the tax rolls and, Number two, if the street was improved it would decrease the road maintenance. to Mr. Quinn: The Farmers are retired and for the small amount of value, it doesn't seem logical . Mr. Andrew: What about the sanitary and Consumers Power lines? 9039 Mr. Shane: There is a 15" sanitary sewer the entire length. Consumers Power lines, too. Mrs. Scurto: Does the Homestead Act cover taxes placed on property in this manner. If they are retirees, they would not pay taxes on this. I feel the area between Flamingo and Milburn should be vacated and the other portion left as it is. David Allen, 11870 Green Hill, Farmington Hills : I would like to see the road closed. If they leave the road there and I build two houses there, would they take the barricade down? Mr. Andrew: I don't know; that is an engineering question. Mrs. Kolpacke: Mr. Allen owns the property along side our property. The reason the barricade is in is to stop cars continuing on at that point. If a new house is built, the barricade would have to be removed to accom- modate that house. Livonia has done nothing but hassle us -- with the lot, with the road, with the building permit. Just when I think we are getting settled now, you are hassling me with this vacating. I feel that you don' t want us here and I would never recommend to my friends that they move here because of this. Elizabeth Butler, 19906 Milburn: We are for the vacating. teThere was no one else present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 83-6-3-4 closed. On a motion duly made by Mrs. Scurto and seconded by Mr. Morrow, it was RESOLVED that, pursuant to a Public Hearing having been held on November 1 , 1983 on Petition 83-6-3-4 by the City Planning Commission pursuant to Council Resolution #390-83 to vacate that portion of Pembroke Avenue lying between Purlingbrook and Milburn Avenue in the West 1/2 of Section 2, the City Planning Commission does hereby recommend to the City Council that that portion only of Pembroke lying between Flamingo and Milburn be vacated subject to the retention of a full-width ease- ment for the following reasons: (1) The portion of Pembroke lying between Milburn and Flamingo is not needed to serve adjacent properties since access is available from other existing street rights-of-way. (2) Development of this unimproved right-of-way would not contribute to better traffic circulation in this neighborhood as the area is already overburdened with an excessive amount of short blocks of too many crossing streets. (3) No City departments or public utility companies have objected to the proposed vacating provided a full-width easement is retained. and that the right-of-way of Pembroke lying between Flamingo and Purling- brook be retained. 9040 A roll call vote on the foregoing resolution resulted in the following: AYES: Morrow, Scurto, Sobolewski , Vyhnalek NAYS: Kluver, Naidow, Falk, Andrew ABSENT: Zimmer Mr. Andrew, Chairman, declared the resolution fails. Mr. Kluver: I think this should be tabled to put this under review for further con- sideration and in proper perspective as to whether vacation should be considered at all . On a motion duly made by Mr. Kluver and seconded by Mrs. Sobolewski , it was #11-204-83 RESOLVED that, pursuant to a Public Hearing having been held on November 1 , 1983 on Petition 83-6-3-4 by the City Planning Commission pursuant to Council Resolution #390-83 to vacate that portion of Pembroke Avenue lying between Purlingbrook and Milburn Avenue in the West 1/2 of Section 2, the City Planning Commission does hereby determine to table Petition 83-6-3-4 until the Planning Commission meeting to be conducted on November 15, 1983. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Naidow, Sobolewski , Vyhnalek, Falk 4 NAYS: Morrow, Scurto, Andrew ABSENT: Zimmer 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 83-9-3-7 by the City Planning Commission pursuant to Council Resolution #580-83 to vacate a public walkway located between Lots 488 and 489 of Tiffany Park Subdivision No. 5 on the south side of Grennada between Knolson and Bassett in the Southwest 1/4 of Section 19. Mr. Shane : There are letters in the file from Richard and Marie Miesowicz who oppose this vacating; from Edward and Kaye Gestro who are opposed; Howard and Helen Hill who are opposed; from Susan, Teresa & Stanley Varga who re- quest that the easement be closed; Ceclia Branch who requests that the walkway be closed; and from Terry LaDuke who opposes the closing of the walkway. Leo Bien, 38035 Grennada: I am most effected by this walkway. It is located on the east side of my property. It is a nuisance. I don' t have any peace of mind in my home at all. If this was used for walkway, I wouldn' t object to it but it is used by motorcycles at 12:00 at night and snomobiles. There is an incline that goes down and one that goes up. Dirt bikes go IL through there all day. In the summer time, cars congregate in the Id immediate area of my house and I get beer and whiskey bottles in my driveway. There are trees there and children are in there daily snapping the trees and having bond fires. I have never seen any football or base- ball games back there at all . I am the man affected by it most. There is another walkway into the park. And, if anybody is concerned about fires there is nothing but fires back there. They have even stolen • 9041 gas from my garage. I have no objection to football or baseball but there are loiterers there all the time. Mrs. Scurto: Mr. Bien, was that walkway there when you moved in? Mr. Bien: My house was the last to be built in this area. This lot was supposed to be a roadway before the Freeway was put in. I moved in and within a month, I had the walkway there. I had no knowledge of it. Mrs. Scurto: The person on the other side has a hedge running along side the walkway. Mr. Bien: I have lived here ten years and have spent over $150 for trees, bushes and shrubs and have only one tree left. Every time I plant something, within one week it is destroyed. The Parks & Recreation Department in- stalled poles there and then they used my property to get in there and tear the poles down. I have planted things there suggested to me by the Parks & Recreation Department but everything I planted has been torn down. Mrs. Scurto: I would like to solve this gentleman's problems with a post -- a second one would encourage bikes and snowmobiles not to go in there. Mr. Falk: Did we hear from the Parks & Recreation Department? ilie Mr. Shane: No. Mr. Reinke did respond to a letter which I read advising that person that the Planning Commission hearing was the place for him to be heard. In his opinion, the walk should not be closed. Mr. Vyhnalek: Are snowmobiles and dirt bikes allowed back there? Audience: No. Mr. Richard Miesowicz, 39063 Grennada: There are snowmobiles and dirt bikes back there and they should note be there. The police have been called about them. Mr. Vyhnalek: Are the fires set by local kids. Mr. Miesowicz: I don't know but I have put out some myself. It was dedicated in 1972 that this would be an access to the public park. It was not a surprise to anybody who lived on the street. Mr. Vyhnalek: I think the access should be left open but I think the neighbors should help Mr. Bien. Mr. Miesowicz: The Parks & Recreation Department turned us down before and said we were responsible for putting a fence across the back. Mr. Vyhhanek: I think as neighbors or the civic association, you should get together and help this man do something so the walk can be kept open. te Mr. Morrow: I am sympathetic with Mr. Bien and I agree we should look at ways to help out Mr. Bien. Stephen LaDuke, 39040 Grennada: I live across the street from the access and there 9042 are hardly any snowmobiles in there. It is notlike he says at all . Owner of Lot 40: By closing one access it doesn't eliminate people going back there. There is still the other access. George Hooks, 39133 Grennada: I can see Mr. Bien's problem, but I would like to emphasise that Mr. Bien has hassled a lot of kids in the area. I have not heard bikes back there very often. He has chased my kids. Mrs. Marie Miesowicz : I think if Mr. Bien tried he could put up some fence like the rest of us have. Mr. Bien: There was an acusation made that I chased kids. When they are cutting my trees and shrubs and when I shovel snow and they kick it back, I think I have a right to chase kids when they do that. Resident at 38980 Grennada: I don't want to see it closed. There was no one else present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 83-9-3-7 closed. On a motion duly made by Mrs. Sobolewski , seconded by Mrs. Scurto and unanimously adopted, it was #11-205-83 RESOLVED that, pursuant to a Public Hearing having been held on November 1 , 1983 on Petition 83-9-3-7 by the City Planning Commission pursuant to Council Resolution #390-83 to vacate a public walkway located in Tiffany Park Subdivision No. 5 on the south side of Grennada between Knolson and Bassett in the Southwest 1/4 of Section 19, the City Planning Commission does hereby recommend to the City Council that Petition 83-9-3-7 be denied for the following reasons: (1) The subject walkway serves the adjacent subdivision by providing a pedestrian access route to Grennada Park. (2) The other available access point extending eastward to Grennada Park from Knolson Avenue is much further away and inconvenient to homeowners living north and northwest of the park. (3) Several of the residents living in the adjacent subdivision object to the vacating of the subject walkway. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Ordinance #50 of the City of Livonia, 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 83-9-1-19 by A. S. Nakadar, M. D. , requesting to rezone property located on the west side of Farmington Road, south of Eight Mile Road in the Northeast 1/4 of Section 4 from RUFA to P.S. tie Mr. Shane : We have a letter in the file from the Assistant City Engineer stating they have no problems with the proposed rezoning. 9043 1 Fred Armour, representing the petitioner: Dr. Nakadar has the medical clinic to the north and all units are fully rented. He has other doctors waiting for spaces. He would like to rezone to P.S. and add another building. It will be located between the two to the north on the east/west access. Mr. Andrew: Are you tearing the house down? Mr. Armour: Yes. It is rented now but the person who lives there is a son of the owner of the property. Mr. Andrew: Do you have an option to buy? Mr. Armour; A purchase agreement subject to rezoning. Mrs. Scurto: When we looked at this a along time ago, that large building in the center was to be a mini-hospital . Is this now rented? Mr. Armour: This is rented to a group health plan. Mrs. Scurto: All out-patient? Mr. Armour: Yes. Mr. Morrow: How do you feel about the landscaping on the present site. Anything left to accomplish? Mr. Armour: There are a few things that will be cleaned up before this fall is over with. Mr. Morrow: We notice a lot of progress being made on the site and would like to see it continued. Mr. Armour: It will be. There was no one else present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 83-9-1-19 closed. On a motion duly made by Mr. Morrow and seconded by Mr. Vyhnalek, it was #11-206-83 RESOLVED that, pursuant to a Public Hearing having been held on November 1 , on Petition 83-9-1-19 by A. S. Nakadar, M. D. , requesting to rezone property located on the west side of Farmington Road, south of Eight Mile Road in the Northeast 1/4 of Section 4 from RUFA to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 83-9-1-19 be approved for the following reasons: (1) The proposed change of zoning will provide for uses that will be compatible to adjacent residential uses in the area. (2) The proposed change of zoning represents a minor extension of the Professional Service Zoning District adjacent on the north. 9044 (3) The proposed change of zoning is consistent with the Future Land Use Plan in that it would provide for transitional type uses between residential property and commercial property further to the north. kivol (4) The subject parcel , if rezoned, would be attached to and become an integral part of the existing professional office complex adjacent to the north. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Morrow, Naidow, Sobolewski , Vyhnalek, Falk, Andrew NAYS: Scurto ABSENT: Zimmer 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 83-9-2-35 by Seymour H. Mandell requesting waiver use approval for outdoor sales in conjunction with the use of an existing building located on the south side of Plymouth Road between Wayne Road and Laurel in the Northwest 1/4 of Section 33 for a florist shop. It: Mr. Andrew: Are there any notes on this plan that allude to the removal of the existing asphalt in the public right-of-way? Seymour H. Mandell : Yes, if you refer to the original plan, I believe it says that all asphalt will be removed. The plan originally submitted was an entirely different plan. We worked with the Planning Department and architectural features were added to the building to make it more attractive and to convert it to a flower shop. On October 19th, the Zoning Board of Appeals reviewed this plan as well after numerous meetings with the Planning staff, and the outdoor sales request was approved unanimously with several conditions. The revised plan shows four elevations. We have completely enclosed the roof equipment. The landscaping is being reviewed by the Planning staff and modifications have been incorporated. We expect to make all the County and State recommendations for recon- struction of the driveways. We are going to restrict the curb cuts. We have agreed to put in an irrigation system. I think we have made every effort to incorporate all suggestions and recommendations. Mr. Andrew: Do we have a cut of the fence? Mr. Shane: No, we do not have a detail of that. Mrs. Sobolewski : Have you looked at the landscape detail and do we have the required depth? r Mr. Shane: There is twenty feet and that is what we usually require on Plymouth Road. We have reviewed the landscape plan and are totally satisfied with it. 9045 Mr. Morrow: There is a future greenhouse. What is the time frame on that? ir Mr. Mandell : It is my understanding that the entire building structure will be completed ' before the first of the year. A detailed discussion of the site plan was held by the Planning Commission, staff and Mr. Mandell. Joseph Vanzo, 12066 Boston Post Road: A few months ago Mr. Horowitz and Mr. Mandell were before the Commission on a petition to have a florist shop in the vacant property. Now it is the Burger King property. We realize that people who have property need to sell it or develop it but at that time we had an existing restaurant which is closed. That restaurant had a minimal amount of traffic and traffic is my subject. With the proposed Burger King and a florist shop, there is going to be a great amount of traffic. The Council last night said there would be two ingresses off Wayne Road for each establishment. There is no provision for a left turn on Wayne Road. This would cause a problem. I am not against the florist but I am against the traffic situation. I don't see where it is going to be made any better. Mr. Wollschied, 33055 Perth: Is there going to be additional runoff with the possibility of more problems with the storm sewer on Plymouth Road. Mr. Andrew: It will go into Plymouth Road. Mr. Mandell : There should be less runoff when the paving is removed and landscaped. I Mrs. Priscilla Hunter, 34901 Standish : I am concerned about the traffic. I have no problem with the florist being on that property. There was no one else present wishing to be heard regarding this item and Mr. Andrew, Chairman, declared the public hearing on Petition 83-9-2-35 closed. On a motion duly made by Mr. Morrow, seconded by Mrs. Naidow and unanimously adopted, it was #11-207-83 RESOLVED that, pursuant to a Public Hearing having been held on November 1 , 1983 on Petition 83-9-2-35 by Seymour H. Mandell requesting waiver use approval for outdoor sales in conjunction with the use of an existing building located on the south side of Plymouth Road between Wayne Road and Laurel in the Northwest 1/4 of Section 33 for a florist shop, the City Planning Commission does hereby recommend to the City Council that Petition 83-9-2-35 be approved subject to the following conditions : (1) that the Site Plan dated 11/2/83, as revised, prepared by Seymour H. Mandell , Architect, 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 Occupancy and thereafter permanently maintained in a healthy condition; and 9046 (3) that the Building Elevation Plan, dated 11/1/83, prepared by ir , Seymour H. Mandell , Architect, which is hereby approved shall be adhered to; r✓ for the reasons that : (1) The subject site has the capacity to accommodate the use. (2) The proposal complies with all pertinent regulations and standards of the Zoning Ordinance as modified by the Zoning Board of Appeals. (3) The proposal represents a substantial upgrading of the subject property. (4) The proposed outdoor display and sales activities will be limited in scope and area. (5) The subject project has been designed so as to sufficiently handle vehicular traffic and minimize any conflicts likely to occur within the abutting major thoroughfares. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. I Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mrs. Scurto and unanimously adopted, it was fibre #11-208-83 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 83-9-2-35 by Seymour H. Mandell requesting waiver use approval for outdoor sales in conjunction with the use of an existing building located on the south side of Plymouth Road between Wayne Road and Laurel in the Northwest 1/4 of Section 33 for a florist shop. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. John Dinan was present regarding Petition 83-9-2-34. A landscape plan was presented to the Commission and explained by Mr. Dinan. Detailed discussion of the plan was held by the Commission, Mr. Dinan and interested persons in the audience. Mr. Dinan: We forgot about the house on the property. It is located about two-thirds of the way to Lyndon. We plan on going right up to the drive with the first phase when the house is removed. We had to make a concession when we bought the property that they could live in the house up to 18 months. I can' t force them to move. We can close off the road so they have only access from Farmington Road. ovice M. L. Thompson, 14309 Westmore: I have a problem with the whole plan and we are talk- ing about landscaping on the up and the down side of the berm as though we have alreaded accepted this use. I have a problem with traffic. Mr. Donald Falk, 33233 Lyndon: My concern is that the landscaping of phase I will 9047 include Lyndon and Westmore. Assuming that the landscaping is as ir dense as it looks on the plan, it meets my initial desires. I would like to see grass on the resident's side. If it goes in as pretty as the drawing, this would meet many of the objections that I had. Otherwise, I wouldn't like the building going in there at all. It should be park. Mr. Joseph Falk: It seems as though we are looking at the site plan rather than the use. On a motion duly made by Mr. Vyhnalek and seconded by Mr. Morrow, it was RESOLVED that, pursuant to a Public Hearing having been held on September 20, 1983 on Petition 83-9-2-34 by John Dinan requesting waiver use approval to construct general office buildings on the east side of Farmington Road between Lyndon and Five Mile Road in the Northwest 1/4 of Section 22, the City Planning Commission does hereby recommend to the City Council that Petition 93-9-2-34 be approved subject to the following conditions: (1) that the Site Plan prepared by Michael Boggio Associates , received 10/13/83, which is hereby approved shall be adhered to; (2) that Building Elevation Plan dated Sept. 1 , 1983, prepared by Michael Boggio Associates, which is hereby approved shall be adhered to; (3) that Landscape Plan dated 10/13/83, received 10/28/83, prepared by Michael Boggio Associates, which is hereby approved shall be adhered to; (4) that there shall be no outdoor storage of trash or dumpster and that there shall be internal trash handling; (5) that the earth berming and landscaping as proposed along Westmore and Lyndon Avenues shall be provided in total as part of Phase I construction; (6) that the outdoor lighting standards shall be limited in height to 20' . (7) that all areas proposed to be landscaped as shown on the approved Landscape Plan shall be serviced with an underground sprinkler system; such landscaping to include the sodding of and the in- stallation of an underground irrigation system in the public right-of-way along the north side of Lyndon Avenue and the east side of Farmington Road adjacent to the site; (8) to the extent possible, all existing trees falling outside of parking or building areas shall be saved and, in any event, no trees shall be removed from the site prior to issuance of a building permit; and 9048 Irfurther, that the Traffic Commission is requested to order the placement of a "No Left Turn" sign opposite the Fire Department Farmington Road center median cross-over. On a motion duly made by Mrs. Scurto and seconded by Mrs. Sobolewski , it was RESOLVED that, the foregoing resolution be amended to change Condition #8 to read as follows: (1) to the extent possible, all existing trees falling outside of parking or building areas shall be saved. A roll call vote on the amendatory resolution resulted in the following: AYES: Morrow, Scurto, Naidow, Sobolewski NAYS: Kluver, Vyhnalek, Falk, Andrew ABSENT: Zimmer Mr. Andrew, Chairman, declared that the amendatory resolution fails. Mr. Andrew: Mr. Dinan, will you define Phase I construction. Mr. Dinan : Phase I construction would involve the first office building north of Lyndon Avenue extending to a point 50' north of the proposed building and including the southernmost proposed driveway and the southbound decelera- tion lane on Farmington Road. I t A roll call vote on the original approving resolution resulted in the following: AYES: Morrow, Naidow, Vyhnalek NAYS: Kluver, Scurto, Sobolewski , Falk, Andrew ABSENT: Zimmer Mr. Andrew, Chairman, declared the resolution fails. On a motion duly made by Mr. Kluver and seconded by Mrs. Sobolewski , it was #11-209-83 RESOLVED that , pursuant to a Public Hearing having been held on September 20, 1983 on Petition 83-9-2-34 by John Dinan requesting waiver use approval to construct general office buildings on the east side of Farmington Road between Lyndon and Five Mile Road in the Northwest 1/4 of Section 22, the City Planning Commission does hereby recommend to the City Council that Petition 83-9-2-34 be denied for the following reasons: (1) The petitioner has failed to affirmatively show that the proposed use is in compliance with the general waiver use standards and requirements set forth in Section 19.06(a) , (b) , (c) and (h) of Zoning Ordinance #543. (2) The proposed use will be detrimental to the surrounding area as the site layout and its relationship to the streets giving access to it will be such that traffic to and from the site will be hazardous to the neighborhood since it will unduly conflict with 4710: the normal pedestrian and vehicular movements in the area. 9049 (3) The size and intensity of the proposed development will be such that it will be injurious to the peace and tranquility of the surrounding residential neighborhood. 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Scurto, Sobolewski , Falk, Andrew NAYS: Morrow, Naidow, Vyhnalek ABSENT: Zimmer Mr. Andrew, Chairman , declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Vyhnalek and seconded by Mrs. Naidow, it was #11-210-83 RESOLVED that, pursuant to a letter dated 10/17/83, the City Planning Commission does hereby approve the withdrawal of the request for approval of a Revised Site Plan submitted in connection with Petition 82-11-2-37 by St. Colette Church located on the east side of Newburgh Road, north of Vargo Avenue in the Southwest 1/4 of Section 8. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Scurto, Naidow, Sobolewski , Vyhnalek, Andrew NAYS: Morrow, Falk ABSENT: Zimmer Mr. Shane: After having looked at the site with the Assistant City Engineer, the monuments were found and it is his opinion that there is no appreciable encroachment on the property. If there is a slight encroachment, it is because it was necessary to flare the sod into the existing sod. Secondly, the area between the existing landscaped island south to the existing berm of the parking lot is not laid out exactly as the plan depicts for the reason that the parking spaces that were delineated on the plan as being adjacent to the existing landscaped island were supposed to be parallel but are 90° parking, the result being that the parallel parking spaces are 10' in width and the normal 90° parking space is 20' in depth. The end result is that all parking spaces are 10'x20' and the aisleways instead of 22' wide are 19' wide. Mr. Andrew: Are they maintaining the existing trees on the landscaped islands? Mr. Shane: It is our opinion that the trees have been maintained sufficiently. Mrs. Scurto: This is one of the sites we inspected on Sunday -- in front of the house directly behind the area and church parking lot. We noticed three to five areas where there are dead trees. The rest appeared to be alive and healthy. We found that the berm is not offensive from a car light standpoint. Mr. Falk: The reason I voted no is that at the study session I thought the Architect was duty-bound to come back before the people and tell them that they couldn't do what they said they would do instead of sending a letter to the Planning Commission after he committed himself. When peopletell me they are going to do something, I like to see them do it. 9050 Mr. Larry Schroer: Can this be maintained by power mower or by hand. Would you knowingly approve a berm knowing it had to be maintained by hand? , ' Mr. Andrew: We approved it with the condition that it be maintained. Lori Mr. Shane: It is up to the developer to decide how it should be done. Mr. Schroer read and submitted a letter dated October 31 , 1983 to the Commission request- ing that the approval of the site plan be denied until such time as the parking lot can be restriped in accordance with the approved site plan and City ordinance. Henry Lemieux, Architect representing the petitioner: The parking lot is striped but it was striped after the new addition. If the Planning Commission so states, we will restripe. Mr. Andrew: First, we have to cite you for being in violation. You can go to the Zoning Board of Appeals or restripe. I don't know what you want to do but you do have to do something. Resident at 37248 Barkley: Who maintains the berm? Mr. Andrew: The Church. Resident: But they don' t. I water it, the Church never does. Mr. Andrew: It is a requirement of the landscape plan approval that the Church main- tain it. kieI Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mrs. Vyhnalek, seconded by Mrs. Scurto and unanimously adopted, it was #11-211-83 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Sign Permit Application #569 for approval to erect one wall sign on property located on the southeast corner of Seven Mile Road and Stamford in Section 9 be approved subject to the following condition: (1) that the Sign Plan for Sorbus Station as prepared by Huron Advertising and covered under Sign Permit Application #569 which is hereby approved shall be adhered to. Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. Vyhnalek and seconded by Mr. Kluver, it was #11-212-83 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Sign Permit Application #577 for approval to erect a sign on property located on the south side of Seven Mile Road, east of Myron in Section 9 be approved subject to the follow- ing condition: (1) that the Sign Plan for Bill 's Bike & Tour Shop as prepared by The Sign Place and covered under Sign Permit Application #577 which is hereby approved shall be adhered to. A roll call vote on the foregoing resolution resulted in the following: 9051 AYES: Kluver, Morrow, Naidow, Sobolewski , Vyhnalek, Falk Jr NAYS: Scurto, Andrew ABSENT: Zimmer kbei Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mrs. Scurto and seconded by Mr. Vyhnalek, it was #11-213-83 RESOLVED that the minutes of the 462nd Regular Meeting held by the City Planning Commission on October 18, 1983 are approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Morrow, Scurto, Sobolewski , Vyhnalek, Falk NAYS: None ABSTAIN: Naidow, Andrew ABSENT: Zimmer Mr. Andrew, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 463rd Regular Meeting and Public Hearings held by the City Planning Commission on November 1 , 1983, was adjourned at 11 :40 p.m. CITY PLANNING COMMISSION epT,�J. Fa , ecretary ATTEST: �N ,f. Daniel R. Andrew, Chairma ac