HomeMy WebLinkAbout1,167 - April 13 2021 signedMINUTES OF THE 1,167th PUBLIC HEARINGS AND REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
On Tuesday, April 13, 2021, the City Planning Commission of the City of Livonia
held its 1,167th Public Hearings and Regular Meeting via Zoom Meeting Software,
Mr. Ian Wilshaw, Chairman, called the meeting to order at 7:00 p.m.
Members present: David Bongero Sam Caramagno Glen Long
Betsy McCue Carol Smiley Ian Wilshaw
Members absent: Peter Ventura
Mr. Mark Taormina, Planning Director, Stephanie Reece, Program Supervisor, and
Debra Walter, Clerk -Typist were also present.
Chairman Wilshaw informed the audience that if a petition on tonight's agenda
involves a rezoning request, this Commission makes a recommendation to the City
Council who, in turn, will hold its own public hearing and make the final
determination as to whether a petition is approved or denied. The Planning
Commission holds the only public hearing on a request for preliminary plat and/or
vacating petition. The Commission's recommendation is forwarded to the City
Council for the final determination as to whether a plat is accepted or rejected. If a
petition requesting a waiver of use or site plan approval is denied tonight, the
petitioner has ten days in which to appeal the decision, in writing, to the City
Council. Resolutions adopted by the City Planning Commission become effective
seven (7) days after the date of adoption. The Planning Commission and the
professional staff have reviewed each of these petitions upon their filing. The staff
has furnished the Commission with both approving and denying resolutions, which
the Commission may, or may not, use depending on the outcome of the
proceedings tonight.
ITEM #1 PETITION 2021-03-01-01 Fadie Kadaf
Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2021-
03-01-01 submitted by Fadie Kadaf pursuant to Section 23.01 of
the City of Livonia Zoning Ordinance #543, as amended,
requesting to rezone the property at 28200 Seven Mile Road,
located on the north side of Seven Mile Road between Inkster Road
and Brentwood Avenue in the Southeast % of Section 1, from OS
(Office Services) to R-7 (Multiple Family Residential).
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29934
Mr. Taormina: This is a request to rezone property from OS (Office Services) to
R-7 (Multiple Family Residential). The location is at the northwest
corner of Seven Mile Road and Lathers Street. The property in
question is approximately 0.75 acre in size with 120 feet of
frontage on Seven Mile Road and 270 feet of frontage on Lathers.
The site contains a two -level general office building that is named
Livonia Office Center. The design of the structure is bi-level,
meaning that both the upper and lower levels of the building are
several feet above and below the ground surface elevation. In
general, as you can see from this aerial photograph, the building
is rectangular. It measures 35 feet by 168 feet. It has a gross
floor area of both floors totaling 10,542 square feet. The building
is oriented length wise from the south to the north. The main
entrance faces east toward Lathers. Parking is available on the
south, east and north sides of the building. The building is
currently vacant. The purpose of the rezoning is to convert the
structure from commercial to multi -family residential. The
proposed R-7 zoning allows for apartments as a permitted use,
subject to review and approval by the Planning Commission and
City Council. Looking at the surrounding uses to the north, east
and west of the property are residential properties zoned RUF
(Rural Urban Farm). To the south there are commercial
properties zoned C-1, as well as residential homes under the R-
1 classification. Both the interior and exterior of the building
would be completely renovated. The interior would be converted
in to ten (10) apartment units, with five (5) on the upper -level of
the structure and five (5) on the lower -level. The five -unit types
would range in size from approximately 660 square feet to just
under 1,000 square feet. The new materials going on the outside
of the building include wood siding and fiber cement panels.
These are the renderings that were provided by the project
architect. The site landscaping would also be redone. The
parking spaces along the north and south sides of the property
would be removed. These areas would be replaced with grass.
In terms of screening, a masonry wall presently exists along the
north property line where the site abuts residential. Along the
west side the plans show a new six-foot high wall that would tie
into the existing wall at the northwest corner of the property and
then extend south to approximately the south end of the building.
The zoning ordinance limits the usable floor area of the building
to 30% of the overall site. In this case, the usable floor area
constitutes roughly 25.7% of the site. In terms of density, what is
allowablet is a function of the land area as well as the number of
bedrooms in each unit. For each one -bedroom unit, 3,100 square
feet of land is required. For each two -bedroom unit, 3,650 square
feet of land is required. As proposed, the minimum required site
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29935
area based on a total of eight one -bedroom units and two two -
bedroom units would be 32,100 square feet or 0.74 acres. With
the total area of the site being 32, 400 square feet, the total
number of units would be conforming to the ordinance. For
setbacks, R-7 district regulations require 75 feet, both from
single-family districts as well as major thoroughfares. The front
of this building from Seven Mile Road is approximately 42 feet
from the right-of-way. From the residential district on the west
side of the building, the setback is about 15 feet. On the north
side it is about 60 feet. The building fails to comply with front,
rear, and side yard setbacks of the R-7 district. For parking,
required is two and a half spaces per dwelling unit. The proposed
apartment building with 10 units requires 25 spaces. The plan
presented here shows 33 off-street parking spaces. The Future
Land Use Map designates the subject property as medium
density residential. This would include small scale in -fill
apartments as recommended. At a density of 5 to 14 units per
acre, this project would have a density that translates to about 10
units per acre and therefore is consistent with the Future Land
Use Map. With that, Mr. Chairman, I can read out the
departmental correspondence.
Mr. Wilshaw: Yes, please.
Mr. Taormina: The first item is from the Engineering Division, dated March 22,
2021, which reads as follows: in accordance with yourrequest,
the Engineering Division has reviewed the above referenced
petition. We have no objections to the proposed rezoning at this
time. The proposed project parcel is assigned the address of
#28200 Seven Mile Road. The existing building is currently
serviced by public water main and sanitary sewer, as well as
private storm sewer. The submitted drawings do not indicate any
modifications to the existing services that would require a permit
through the Engineering Department. If revisions to the existing
service leads are needed, the Developershall submit plans to this
Department for permitting. It should be noted that the developer
may be required to obtain a permit from Wayne County should
any work occur within the Seven Mile Road right-of-way." The
letter is signed by David W. Lear, P.E., Assistant City Engineer.
The next letter is from the Inspection Department, dated April 5 ,
2021, which reads as follows: 'Pursuant to your request, the
above referenced Petition has been reviewed. 1. This would be
a change in use and the structure would be required to meet the
current building code including the barrier free code. The current
setup does not provide barrier free access to the units. This
Department has no further objections to this Petition." The letter
is signed by Jerome Hanna, Director of Inspection. The next
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letter is from the Finance Department, dated March 17, 2021,
which reads as follows: "I have reviewed the address connected
with the above noted petition. There are no past due amounts
receivable, however, their water bill of $261.96 is currently due
on April 9, 2021. 1 have no objections to the proposal."The letter
is signed by Connie Kumpula, Chief Accountant. The next letter
is from the Treasurer's Department, dated March 24, 2021, which
reads as follows: `In accordance with your request, the
Treasurer's Office has reviewed the address connected with the
above noted petition. At this time, there are no outstanding
amounts receivable for taxes. Therefore, I have no objections to
the proposal." The letter is signed by Lynda Scheel, Treasurer.
We received other email that read as follows: Anish Mani, 19053
Harrison, Livonia, MI, dated March 24, 2021: `9 am responding to
the letter I recived regarding public hearing on petiotion 2021-03-
01-01 submitted by Fadie Kadaf. The property on 28200 seven
mile rd , I am opposing that place turning into multiple family
homes. It would be better to turn into single family home." The
next email is from Gary Lentz, 19300 Lathers, Livonia, Ml, dated
April 2, 2021, `1 am the property owner of 19300 Lathers St north
of the subject property on the east side of the street. I am against
the proposed rezoning sought in this petition. First, the present
zoning better serves the needs of the city and residents by
providing office space. Second, this parcel is much too small for
multiple family housing uses. Third, multiple family housing is not
needed at this location as there are more that sufficient such
zoning in other areas of the city. Fourth, such a change in zoning
to multiple family use is not in character with the current zoning
and uses in the area which has businesses along this section of
Seven Mile and single family residences. Fourth, this proposed
rezoning is non -conforming with all other zoning in the area and
if would not fit in with the neighborhood. Fifth, vehicular traffic
would be much greater and be 24 hours a day as opposed to
what we have had with the present office building (prior to its
closing). Sixth, it has been shown by studies that there could be
more crime in multiple family housing as opposed to the present
zoning and in single family residential areas. Seventh, this
proposed zoning could require more city services than the current
zoning. For the reason stated herein, I respectfully request the
this petition be denied." The next email is from Kevin and Kristina
Delisle, dated April 9, 2021 that reads: `Y Kristina and Kevin
Delisle am a resident residing at 28290 Seven Mile. I am writing
to express my strong opposition to petition 2021-03-01-01
submitted by Fadi Kadaf on behalf of 29200 Seven Mile LLC
requesting the approval to rezone the property at 28200 Seven
We Road. My opposition is based on the following concerns. I
am concerned that the property values will decline with the
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addition of a multi -family apartment complex. I am also
concerned with increased noise and traffic that will result from the
complex and the safety of the children in the neighborhood. The
location is right down the street from Botsford Elementary School.
There is already a lot of traffic congestion at that intersection,
especially during the school months, as well as children walking
to and from school and the park. 1 fear the increased traffic will
add further congestion to the intersection and increase the
likelihood of accidents at the intersection and possibly endanger
the children walking to and from the school or the park. In
addition, I feel that our privacy will negatively be impacted by the
construction of a apartment complex. This zoning change does
not conform with the current neighborhood of single-family
homes. I have spoken with multiple neighbors and they have
expressed the same concerns. We would like to keep our
neighborhood as it is, a neighborhood of single-family homes.
Please do not rezone this property." Next, we received 14 letters
of opposition that all read the same. It reads: "do hereby fully
oppose the petition 2021-03-01-01 submitted by Fadi Kadaf on
behalf of 29200 Seven Mile LLC requesting the approval to
rezone the property located at 28200 Seven Mile Road." The
letters received are from various residents including Roger Pray
and Janet Pray that give their address as 19315 Lathers Street,
John Finch at 19304 Lathers, Veronica Finch at 19304 Lathers,
Robert Sloan at 19314 Lathers, Mary Rose Fife at 19321 Lathers,
Brian Frisbee at 19290 Lathers, Joseph and Kimberly Coogan at
19291 Lathers, Kaitlyn Klein at 28300 Seven Mile Road, and
Kristina Delisle at 29290 Seven Mile Road and Kevin Delisle at
the same address. We have a couple more. A Craig Custard at
28220 Seven Mile Road and a Gary W at 28112 Seven Mile
Road. I believe that is the extent of the correspondence.
Mr. Wilshaw: Are there any questions of the Planning Director?
Ms. Smiley: We didn't have anybody that was in favor of this change, did
we?
Mr. Taormina: I read all of the correspondence. I believe that is the case.
Ms. Smiley: Thank you.
Or.
Wilshaw: Any other questions of our planning staff?
Or,
Bongero: Do you know how Tong that building has been vacant?
Or.
Taormina: I really cannot
answer that.
I
think there were one or two
tenants
that were kind
of hanging in
the building after the majority
of them
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29938
vacated. I am sure the residents probably have a better
knowledge of who has been in and out of the building. I did not
Zook to see how long it has been empty. There may be someone
operating out of there today, but I am not aware of any.
Mr. Bongero: Okay. Just one other question. In its current zoning, is it non-
conforming to the setbacks?
Mr. Taormina: I don't believe...) would have to double check on the side yard
setback. I think that it is actually... unless it is 15 feet, there could
be a very minor deficiency on the west side. Other than that, I
am not aware of any non -conformities with respect to the building
as it exists as an office under the OS zoning classification.
Mr. Bongero: Thank you.
Mr. Wilshaw: Any other questions? Thank you. Okay. We are going to go to
the petitioner, Mr. Kadaf, who is in our audience tonight. I am
going to give him a chance to unmute himself. There we go. Mr.
Kadaf, you can unmute yourself and introduce yourself with your
name and address for our record.
Fadi Kadaf, 4 Parklane Blvd., Ste. 312, Dearborn, MI 48126. This is in respect to
28200 Seven Mile Road.
Mr. Wilshaw: Okay, great. Before we get too deep into the presentation and
questions, I always want to remind folks that tonight's agenda
item for this property is the rezoning of the property from Office
to R-7 (Multi -family residential). We do have a conceptual site
plan and some renderings that you provided that we appreciate.
Right now, our main discussion will be based on the zoning and
if the zoning is appropriate for that area. There will probably be
not as much discussion regarding the actual building, details, and
the site plan because if the rezoning is recommended for
approval then that would go to City Council. That would then start
the site plan process to come back to us. I just wanted to start
out with that establishment of what our main topic of discussion
is tonight, which is the zoning. Is there anything else you would
like to add, Mr. Kadaf, to the presentation that we heard from Mr.
Taormina?
Mr. Kadaf: Just a couple things. I know there was the city Building
Department regarding barrier free. The property is currently not
barrier free that is correct. We have in the plans to make the
proposed site barrier free. It is in the plan, our preliminary plans.
There were a few comments made by residents in the area
regarding traffic. I feel like I am on the other side of that. Keeping
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it as a commercial property where you would have not only
employees that work in the building but customers versus the
eight singles and two two -bedrooms tentative that defines traffic
that is of the same traffic that lives in the neighborhood. We are
basically on the same schedule. We feel that this would actually
decrease traffic versus increase traffic. Especially when it came
to traffic for the turn from Seven Mile to Lathers. In terms of the
type of property, this is intended to be a high -rent apartment
building. Very minimal units and it is going to be designed in a
way that is attractive to young professionals or people that are
downsizing. It is not going to be designed to attract families. Just
so we are clear about that. Other than that, this property has
been a nuisance and it is currently unoccupied. We acquired this
property late '20 and from the previous owners that did nothing
with it allowing it to become more dilapidated. Previous to that I
understand the old operator was just letting it go whichever way
he wanted, operating businesses that were illegal. We feel that
this property has had its opportunity to be a commercial property
and think that keeping it a commercial property in this climate and
the changes that we have had globally in terms of office space
and so forth is going to be less suited and putting a nice fagade
and adding some green space and allowing people to live there
that would care about the community is more impactful than to
have simply people that come in and out and don't care about the
community or the property.
Mr. Wilshaw: Thank you, Mr. Kadaf. We appreciate that background
information and the explanation as to why you are seeking this
rezoning. Do we have any questions from any of our
commissioners for our petitioner?
Mr. Bongero: I wasn't at the study meeting so just a couple things. Mr. Kadaf,
I know you're saying that these will be higher end. Can you tell
us how much these would rent for, the one and two bedrooms?
Mr. Kadaf: The plan is to have the single bedroom units rent anywhere
between $1,400 to $1,700 and the two -bedrooms would be
$2,000 give or take.
Mr. Bongero: Okay. Will there be...
Mr. Kadaf: There are not large spaces but they will have high end fixtures
and in the lower -level planned common space for workout
equipment and small common space. Outside of that it is really
intended for the people to have a space to live that has high end
fixtures, a nice fagade, and nice green space.
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29940
Mr. Bongero: Okay, thank you.
Mr. Wilshaw: Thank you, Mr. Bongero. Any other questions for our petitioner
from our commissioners?
Mr. Caramagno:
I have a question or two
for the
peoner. Do
you own any other
properties
in residential
nature
or commercial
nature?
Mr. Kadaf: Commercial, yes. I have had other properties that were
commercial in nature. This would be our first project that is multi-
family versus single family homes.
Mr. Caramagno: Where are your commercial properties? Generally, what is it?
Mr. Kadaf: We had a property in Allen Park. It was amulti-story office
building that we acquired and rented and later sold. I had a
property that I purchased in Dearborn several years ago and
moved that property as well. Currently I do not have any
properties other than the property in Livonia.
Mr. Caramagno: Would you intention be to build this and then sell it to a property
management firm or would you intend to keep this?
Mr. Kadaf: This is intended to be kept. This is at a time in my life where now
I had the opportunity to purchase and renovate and create small
multi -family units to retain. It would not be self -managed. We
intend to hire a management company.
Mr. Caramagno: Thank you.
Mr. Wilshaw: Thank you, Mr. Caramagno. Any other questions for the
petitioner? Mr. Kadaf, I don't know if you stated it and excuse me
if I didn't hear it, but how long have you owned this property for?
Mr. Kadaf: We purchased it in late '20. It was either November or October.
Mr. Wilshaw: Okay, so roughly six months or so?
Mr. Kadaf: Correct.
Mr. Wilshaw: If there are no other questions for the petitioner from the
commission at this time, I am going to go to our audience and see
if anyone wishes to speak for or against this item? Mr. Kadaf, we
just ask that you stand by and we will give the other audience
members a chance to speak to us. We have a few folks raising
their hands. We just ask that you click raise hand if you want to
speak and we will start with Mr. Coogan. You can unmute
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29941
yourself and again we will ask that you start with your name and
address for our record.
Joseph Coogan, 19291 Lathers, Livonia, MI. Good evening. I am representing
basically the people that wrote the letters, the 14 letters. The
residents of Seven Mile and Lathers. So, we are in complete
opposition of the proposed rezoning. The building in its current
state is not ADA compliant, but I see that they are going to make
measures for that in their planning. Right now we feel that the
property is non -conforming use of the property in its current state
and also in the proposed rezoning state. This interferes with the
integrity of our single-family RUF or R-1 residents as it may be.
We are concerned also about the proposed rezoning driving
down our property values. Also, with a little research I kind of
discovered that it is also in direct conflict with the city's Master
Plan, page 38 Book I of the Livonia 21 plan. There was a
proposal to fix available housing types and senior housing and
apartment maintenance of existing part of the apartments. Also
to keep senior living options and retain our current single-family
housing in our area. A single-family residence built on this site
will generate better, basically the same tax revenue as a multi-
family dwelling and for that like I said I represent the members of
the area here of Seven Mile and Lathers and we are in complete
opposition of it across the board. Thank you for your time.
Mr. Wilshaw: Thank you, Mr. Coogan. We appreciate your comments and
appreciate that you are representing the group of people who
wrote those emails to us. That is certainly helpful to have a single
voice represent them like that. I appreciate your time. We also
have Mr. & Mrs. Curry. I am going to give you an opportunity to
speak. You can unmute yourself when you are ready. Introduce
yourself.
Terrence and Glenda Curry, 19042 Harrison, Livonia, MI. We are across the
streetI caddy corner to the proposed property. We are also
neighbors of Anish, the first letter that you read off regarding the
property. I had a conversation with my wife earlier about this
property and Mr. Kadaf, that you bought this property just last
year. I am glad that you mentioned that. Last time this property
came up to the zoning commission for review was from the
previous owner who wanted to actually put in massage parlors
into this property which was shut down, thank goodness. It's
coming up again and I know that property has been there a while.
Yes, it is hard to get commercial customers into some of these
properties. I kind of deal with that type of thing myself as far as
dealing with certain properties. I like the rendition you have here.
I am not really arguing for or against, I am just putting out
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29942
information. I said to myself that the commercial property across
the street where you may have a dentist office, lawyers office,
accounting office, doctors office, something to the effect, may be
you would have residents or customers or, excuse me, clients
who would rent space in that office if it looked like something
more updated than just have an old piece of property from the
early 1970's. Your rendition looks like the type of office that if you
updated the outside and inside like that, you may get clients and
tenants that are business professionals to actually come and put
their offices there. I would love to have an office or have clients
come to an office that looks like your rendition. The one that it
looks like now is no. It looks like something that I wouldn't want
anyone to come to. Any business off of Seven Mile, all these strip
mall areas, they have these little offices where no one has
businesses. There is a bunch of turn over. There is turn over in
the strip mall in front of the Wal-Mart past Middlebelt on Seven
Mile. So, you have to have something that draws people eyes as
far at attention for a commercial property. Now you talk about
putting money into this to turn this into a residential multi -family
property and you said, yes, it is going to be high end rent starts
here and I am glad that the commissioner brought that up about
how much the rent would be, but that is what you are proposing.
My issue with this multi -family... and again, just for the record, I
am not trying to say anything negatively or trying to portray any
type of whatever, but all best intentions we all know that what we
want from the commission is that if somewhere down the line, if
he cannot get these high end tenants who live in a place like this,
this place would not turn over to something like low income
housing, Section 8 housing. Nothing that could be subsidized by
the government is got to be high end so it can't be that later on
we couldn't get the high end tenants we were looking for so we
are just going to get any and everybody who decides they can
pay for the rent with a one -bedroom or two -bedroom. I am hoping
that the commission and if by some chance you approve this,
there is a restriction in place that this area or that this, if it turns
into a multi -family apartment complex, cannot be subsidized
housing. It has to stay as it is. In my opinion, Mr. Kadaf, if you
updated this outside of the property by your rendition now, you
may get some qualified business clients who would actually move
into the location and make it a viable office space. Currently the
way it looks, nobody wants to go there. I love the rendition from
the outside and everything else, but you know appearance,
location, location, location is everything. If you are trying to have
a business or you are a doctor or lawyer or attorney, an
accountant, or whatever, if you said that my office is in this spot
and it looks like this, they will get business. They will want to
lease this space, but the way it looks now, no. I wouldn't want to
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put, as a business owner...I wouldn't want to have an office in
that space the way it looks right now anyway. That is ... and a
bigger marquee that shows the name of the businesses out there.
That is just our input from here at ... across the street caddy -corner
to the property.
Mr. Wilshaw: Thank you, Mr. Curry. We appreciate your comments. We are
going to keep those in our minds as we go forward here and make
our decision. Thank you for coming this evening. You are free
to continue to listen and see how things go. We appreciate your
comments. Is there anyone else in the audience wishing to speak
for or against this petition? If so, please click raise hand and we
will give you an opportunity to speak. I don't see anyone else
clicking raise hand. Mr. Kadaf, we will go back to you and give
you an opportunity to have the last word on anything you would
like to say before we make our decision.
Mr. Kadaf: Thank you. I want to honestly just address the people that have
concerns. I can understand their concerns. Obviously, I live in
the neighborhood as well and if there was something going up
that I felt strongly or disliked, I would speak out as well and give
my reasons. I appreciate the comments from everybody. I
understand that everybody wants something to happen to this
property that is positive. My only concern is that this property has
had its opportunity to become and be an office space in the past.
It has failed multiple times over...I am not qualified whether or not
the property values are affected if it is turned into a multi -family
versus an office space. I can tell you that in the sense of
community and sense of people that care, people that work in an
office space they are 9 to 5 so speak and they don't care about
the surrounding communities. They are not going to support the
community. They are not going to contribute and make sure that
the place that they work is tended to versus someone who lives
there and is paying rent that rivals that of a mortgage to be honest
with you. In the end, we are presenting what we think would be
a great idea and would be good for the community. If it doesn't
go in our direction, then so be it. At that point .... there are no
guarantees where the property goes from there, ya know? If we
want to convert it to office space, we will make our best effort, but
it has to be economically sensible for us as well as the property
owner. For anybody else that purchases it, we would never want
to consider turning this building into anything like a massage
parlor or anything like that. At the same token, ya know, there is
only so much right that can be put into a commercial space for
the lease rates that you get. I don't think if it stays office space
that is going to change so dramatically, so to speak. No way is it
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29944
going to attract a lot of companies in this day and age would want
to be there.
Mr. Wilshaw: Thank you for those comments. Before I close the public hearing,
I am going to go to our commissioners again and just see if there
is anyone else who has any questions that they would like to
make before our motion?
Mr. Caramagno: Mark,
maybe you can answer this.
Mr. Curry
had some good
points
about Section 8 low-income
housing. Is
that preventable
if this
becomes R-7 residential?
Mr. Taormina: No. Section 8 housing is a voucher program. Persons that qualify
for Section 8 vouchers can, I believe, use those vouchers
anywhere. So, I don't know if that is a condition that could be
imposed on this or any other property. I don't have the answer to
that. I suspect that it would not be something that could be
enforced.
Mr. Caramagno: So, on the back of that, can this be similar to other properties that
I have seen that is a 55 and older crowd that can only move in.
Is that something that could be enforced on an R-7 property?
Mr. Taormina: Those are usually voluntary offerings by the owners or
petitioners. Can it be imposed as a condition of approval? I
would caution the commission making that recommendation
without first getting advice from the Law Department. If it
something that Mr. Kadaf was willing to impose as part of his
development, that is fine. That would be completely his
discretion.
Mr. Caramagno: Thank you. That helps.
Mr. Wilshaw: Thank you, Mr. Caramagno. Any other questions? Mr. Kadaf, I
believe you wanted to make a comment.
Mr. Kadaf: Yeah, regarding subsidized housing in terms of what is attractive
for subsidized housing, based on my experience in subsidized
housing it is based on bedroom count and square footage and
things like that. Vouchers that are permitted are based on those
factors, so if you take a property that has very low square footage
per unit, single bedroom, and you get a voucher against it, that
voucher is going to be a very small amount and the difference in
the rent is paid by the tenant. It just isn't feasible zooming out
from that perspective. Just so you get some kind of idea of the
program and how this really doesn't fit the mold for a program like
that.
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Mr. Wilshaw: Thank you for that. Mr. Long, did you make a question or
comment?
Mr. Long: Yes, thank you. Mr. Taormina, I believe Mr. Coogan cited that
this proposed rezoning would be against the Future Land Use
Plan, but I thought in the study session we had it said that it was
consistent with the Future Land Use Plan. Do you have a verdict
on that? He referenced a code. I don't' know if you have that in
front of you.
Mr. Taormina: Mr. Coogan is citing part of the plan that references retaining
single-family development and other issues. What we were
presenting is how this property conforms to the Future Land Use
Map. The Future Land Use Map does in fact designate this area
for medium density residential. Medium density residential has a
range of recommended density anywhere from 5 to 14 units per
acre. That is bit more than what an R-1 or R-C would fit into that
category all the way up to R-7. What is being presented in terms
of a use is not contrary to what the Future Land Use Map
envisions for this part of the community.
Mr. Long: Thank you for the clarification.
Mr. Wilshaw: Any other questions from the commissioners? If not, a motion is
in order.
On a motion by Long, seconded by Bongero, and adopted, it was
#04-13-2021 RESOLVED, That pursuant to a Public Hearing having been held
by the City Planning Commission on April 13, 2021, on Petition
2021-03-01-01 submitted by Fadie Kadaf pursuant to Section
23.01 of the City of Livonia Zoning Ordinance #543, as amended,
requesting to rezone the property at 28200 Seven Mile Road,
located on the north side of Seven Mile Road between Inkster
Road and Brentwood Avenue in the Southeast'/4 of Section 1,
from OS (Office Services) to R-7 (Multiple Family Residential),
the Planning Commission does hereby recommend to the City
Council that Petition 2021-03-01-01 be denied for the following
reasons:
1. That the petitioner has failed to affirmatively show that the
proposed change of zoning and the intended use of the
property as a multiple family residential apartment complex
would be compatible to and in harmony with the surrounding
residential neighborhoods.
April 13, 2021
29946
2. That the proposed change of zoning is inconsistent with the
established pattern of the surrounding development and
would adversely alter the character of the area.
3. That maintaining an office land use is more consistent with
the established pattern of development and character of the
area, and
4. That the proposed zoning and use is contrary to the
purposes, goals and objectives of the Zoning Ordinance,
which seek to ensure compatibility and appropriateness of
uses so as to enhance property values and to create and
promote a more favorable environment for neighborhood
use and enjoyment.
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: Long, Bongero, McCue, Smiley, Wilshaw
NAYS: Caramagno
ABSENT: Ventura
ABSTAIN: None
Mr. Wilshaw: Is there any discussion?
Mr. Wilshaw, Chairman, declared the
motion is
carried
and the foregoing resolution
adopted. It will go on to City
Council
with a denying resolution.
ITEM #2 PETITION 2021-03-02-04
Biggby Coffee
Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2021-
03-02-04 submitted by EJB Enterprises L.L.C. requesting waiver
use approval pursuant to Section 10.03(I) of the City of Livonia
Zoning Ordinance #543, as amended, to operate a full -service
restaurant with drive -up window facilities (Biggby Coffee) at
38047 Ann Arbor Road, located on the east side of Ann Arbor
Road between West Chicago Boulevard and Ann Arbor Trail in
the Northeast '/< of Section 31.
Mr. Taormina: This is a request to operate afull-service restaurant with drive -up
window facilities. This petition occurs at the Sunny Village
shopping center located on the south side of Ann Arbor Road
west of the intersection of Ann Arbor Trail. As you can see from
April 13, 2021
29947
this map, the zoning is C-1 (Local Business). Immediately to the
east of the property is a McDonald's restaurant that is zoned C-
2. Further to the east is a Mobil gas station. Looking to the south
are single-family homes as well as the Arbor Woods apartments
zoned R-7. There is a combination of commercial and residential
on the opposite side of Ann Arbor Road. C-1 zoning allows for
limited -service restaurants with drive -up facilities, subject to
waiver -use approval. Limited -service restaurants are normally
restricted to 30 seats. In this case, the seating layout for the
Biggby shows a total of 34 seats. City Council does have the
authority to modify the seating limit, which they have done in the
past. Some examples were cited at the study meeting, including
Qdoba Mexican Grill, Sheesh Mediterranean Restaurant, The
Blue Plate Diner, Town Grill, and most recently, China House Inn.
As you can see from the site plan, Sunny Village retail center
consists of three individual multi -tenant commercial buildings that
share access and parking. The building where the Biggby is
proposed is located in the northeast part of the site. This building
is roughly 6,000 square feet in size and currently divided into four
tenant spaces. Biggby would occupy the end unit of this building.
The other two buildings measure about 9,260 square feet and
8,236 square feet. Combined, the three buildings have a gross
floor area of about 22,000 to 23,000 square feet and contain
roughly 16 tenants. Biggby Coffee presently operates within a
commercial shopping center located at the intersection of Ann
Arbor Road and Newburgh Road. about 1/3 of a mile from this
location. There is no drive -up facility at the current store and is
the main reason the owner is attempting to move to Sunny
Village. The unit where Biggby would go was previously occupied
by a bank that included the drive -up window. The front of the unit
faces west toward Ann Arbor Road. The units' size is about 1,920
square feet. As previously mentioned, the petitioner is proposing
a total of 34 interior seats. No outdoor seating is shown on the
plans. In terms of the drive -up window service, this is planned
along the north side of the building. There would be single traffic
lane that would commence at the rear of the building where it
would then wrap around the corner of the building and proceed
to the pick-up window. There are seven (7) existing parking
spaces located directly behind the building. These would be
eliminated and replaced with a loading zone as well as the drive -
up lane where the cars would enter into the queue to use the
order station. After ordering the cars would turn the corner of the
building and finish at the pick-up window which is beneath a
canopy that was part of the former bank's teller services. The
plans show stacking for at least six (6) vehicles. This does not
include the car at the pick-up window. The Zoning Ordinance
also requires that it have adequate by-pass opportunities for cars
April 13, 2021
29948
that are in the drive-thru service lane. In this case, there is a 30
foot wide drive aisle adjacent to the service lane which transitions
to about 23 feet on the north side. There is ample opportunity for
vehicles to get around the cars that are in line to use the drive -up
service. Parking at the center is adequate to handle the needs of
the proposed restaurant. There are no other exterior
modifications proposed to the unit. We do not have information
relevant to signage at this time. With that, Mr. Chairman, I can
read out the departmental correspondence.
Mr. Wilshaw: Yes, please.
Mr. Taormina: The first item is from the Engineering Division, dated March 15,
2021, which reads as follows: `In accordance with your request,
the Engineering Division has reviewed the above referenced
petition. We have no objections to the proposed waiver use at this
time. The parcel is assigned a range of addresses of #38047 to
#38151 Ann Arbor Road with the address of #38047 Ann Arbor
Road being assigned to the overall parcel. The existing building
is currently serviced by public water main and sanitary sewer, as
well as private storm sewer. The submitted drawings do not
indicate any modifications to the existing leads, and we do not
believe there will be any further impacts to the existing systems.
It should be noted that the developer may be required to obtain a
permit from the Michigan Department of Transportation (MDOT),
should any work occur within the Ann Arbor Road right-of-way."
The letter is signed by David W. Lear, P.E., Assistant City
Engineer. The next letter is from the Livonia Fire & Rescue
Division, dated March 15, 2021, which reads as follows: "This
office has reviewed the site plan submitted in connection with a
request to construct a commercial building on property located at
the above referenced address. We have no objections to this
proposal." The letter is signed by Greg Thomas, Fire Marshal.
The next letter is from the Division of Police, dated March 16,
2021, which reads as follows: `I have reviewed the plans in
connection with the petition. I have no objections to the proposal."
The letter is signed by Scott Sczepanski, Sergeant, Traffic
Bureau. The next letter is from the Inspection Department, dated
April 5, 2021, which reads as follows: "Pursuant to your request,
the above referenced Petition has been reviewed. 1. There are
currently no dumpster enclosures on this site. Dumpster
enclosures should be provided behind the building for the existing
dumpsters. This Department has no further objections to this
Petition." The letter is signed by Jerome Hanna, Director of
Inspection. The next letter is from the Finance Department, dated
March 15, 2021, which reads as follows: "I have reviewed the
address connected with the above noted petition. The following
April 133 2021
29949
water bill charge is due to the City of Livonia: Water Bill charge
(38047Ann Arbor Road): $540.53"The letter is signed by Connie
Kumpula, Chief Accountant. This has been paid in full on April 2,
2021. The next letter is from the Treasurer's Department, dated
March 24, 2021, which reads as follows: `In accordance with your
request, the Treasurer's Office has reviewed the address
connected with the above noted petition. At this time, there are
no outstanding amounts receivable for taxes. Therefore, I have
no objections to the proposal." The letter is signed by Lynda
Scheel, Treasurer. That is the extent of the correspondence.
Mr. Wilshaw: Are there any questions of the Planning Director? If there are
none, I believe our petitioner is in the audience. Mr. Buison, let
me give you an opportunity to unmute yourself. There you go.
Good evening. We will need your name and address for the
record please.
Ed Buison, 37403 Ann Arbor Road, Livonia, MI. Good evening. I am looking to
relocate the current Biggby Coffee that is there to this site here to
add a drive-thru so that we can have a better chance of surviving
the current times.
Mr. Wilshaw: Understood.
Is
there any
questions
from any of our
commissioners
for
Mr. Buison?
In regard to
this petition.
Mr. Caramagno: Hello Mr. Buison. Your drive-thru behind the retail establishment
eliminates those parking places. I am assuming the owner has
spoken with the tenants that would be below you as we look at
this picture and they are okay with not having good access to the
back of the building?
Mr. Buison: I believe that is the case yes.
Mr. Caramagno: As I drove by probably a week or week and a half ago, I saw a lot
of activity back there. Plants outside. People sitting outside. I
just wonder if there is going to be concern from them and if there
is, is there a way to route that traffic differently as to not have a
bad relationship there.
Mr. Buison: When you say
out back, are
you
referring to
like directly behind
the building or
further back to
the
back of the
property?
Mr. Caramagno: No. I am referring to directly behind the building. I randomly
pulled in there one day and saw a lot of activity behind that
building. People coming and going. Loading and unloading. It
would awfully inconvenient for them. Listen, I don't know if the
property owner tells them listen, this is what I am going to do and
April 13J 2021
29950
that is too
bad.
I don't
know
that. It just looks like there could be
a problem
there
from
what I
saw.
Mr. Buison: My understanding is that the landlord has spoken to them about
us coming in. They didn't have any objections. I don't know in
regard to the parking spaces. If they are having loading and
unloading there temporarily or if they are standing outside. There
is a loading zone there that would be designated so that the traffic
wouldn't cross over. I hear what you are saying. I definitely don't
want to have a bad relationship with the neighbors there.
Mr. Caramagno: It was worth mentioning. I see the loading zone. It struck me as
a busy area of all days that I went through there. Other than this,
I like this plan other than the potential conflict. Thank you.
Mr. Wilshaw: Any other questions or comments from the commissioners for our
petitioner?
Ms. Smiley: Do you normally have that long of a wait of 8 cars?
Mr. Buison: No. Typically, we want to have cars move every 1 '/z to two
minutes. If we see that there is a backup of cars, then we would
then take the cars off the window and direct them to park in the
parking spaces. Then we would run there order out to the car to
alleviate the traffic in case it starts backing up like that. That is
not typical to have a stack of cars of 8 to 10 deep from the pick-
up window.
Ms. Smiley: Okay. Thank you.
Mr. Wilshaw: Are there any other questions for our petitioner? If not, is there
anybody in the audience that wishes to speak for or against this
item? If so, click raise hand. I don't see anyone raising their
hand. If there are no other questions or comments from any of
the commissioners, Mr. Buison, is there anything else you would
like to say before we close the public hearing?
Or,
Buison: No. I just appreciate everyone's time and hope we can move
forward with this project and get servicing the community over
there.
Or.
Wilshaw: Thank you. I think we can close the public hearing and ask for a
motion.
On a motion by Smiley, seconded by Caramagno, and unanimously adopted, it
was
April 133 2021
29951
#04-14-2021 RESOLVED, That pursuant to a Public Hearing having been held
by the City Planning Commission on April 13, 2021, on Petition
2021-03-02-04 submitted by EJB Enterprises L.L.C. requesting
waiver use approval pursuant to Section 10.03(I) of the City of
Livonia Zoning Ordinance #543, as amended, to operate a full -
service restaurant with drive -up window facilities (Biggby Coffee)
at 38047 Ann Arbor Road, located on the east side of Ann Arbor
Road between West Chicago Boulevard and Ann Arbor Trail in
the Northeast'/4 of Section 31, the Planning Commission does
hereby recommend to the City Council that Petition 2021-03-02-
04 be approved subject to the following conditions:
1. That the Site Plan prepared by EJB Enterprises, as received
by the Planning Commission of March 11, 2021, is hereby
approved and shall be adhered to.
2. This approval is subject to City Council modifying the
seating requirement to allow for a maximum of thirty-four
(34) seats; otherwise, seating shall be limited to thirty (30).
3. That the loading zoning area behind the building shall be
appropriately striped to differentiated it from the adjacent
traffic lane serving the drive-thru facilities.
4. That the issue, as outlined in the correspondence dated
April 5, 2021 from the Inspection Department that
enclosures shall be provided behind the building for the
existing dumpsters, shall be resolved to the satisfaction of
the Inspection Department.
5. That only conforming signage is approved with this petition,
and any additional signage shall be separately submitted for
review and approval by the Zoning Board of Appeals.
6. That unless approved by the proper local authority, any type
of exterior advertising, such as promotional flags, streamers
or sponsor vehicles designed to attract the attention of
passing motorists, shall be prohibited.
7. That no LED lightband or exposed neon shall be permitted
on this site including, but not limited to, the building or
around the windows.
8. That the specific plan referenced in this approving resolution
shall be submitted to the Inspection Department at the time
of application for building permits; and
April 13, 2021
29952
9. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
period of one (1) year only from the date of approval by City
Council, and unless a building permit is obtained, this
approval shall be null and void at the expiration of said
period.
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.
Mr. Wilshaw: Is there any discussion?
Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adopted. It will go on to City Council with an approving resolution.
ITEM #3 PETITION 2021-03-02=05 Thomas's Restaurant
Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2021-
03-02-05 submitted by MNB Dining Inc. requesting waiver use
approval pursuant to Section 19.06 of the City of Livonia Zoning
Ordinance #543, as amended, to expand the existing food
service operation and Class C Liquor License of the existing
restaurant (Thomas's Family Dining) to include an outdoor dining
patio at 33971 Plymouth Road, located on the south side of
Plymouth Road between Farmington and Stark Roads in the
Northeast ''/< of Section 33.
Mr. Taormina: This is a request to develop a permanent outdoor dining patio at
Thomas's Restaurant to expand the existing food service
operations, including the operation of a Class C liquor license.
Thomas's is on the south side of Plymouth Road between
Farmington and Stark Roads. This property measures roughly
1.4 acres in area with 100 feet of frontage on Plymouth Road and
a depth of 600 feet. It is the north 400 feet of the property that is
zoned C-2 and as you can see from the aerial photo comprises
the developed portion of the site, including the restaurant building
and the off-street parking areas. The remaining rear portion of
the site, extending for a distance of roughly 200 feet is
undeveloped and zoned P (Parking). Also, you will see from the
aerial that there are commercial properties to the east, west, and
north and residential homes that are a part of the Wellington
Woods sub -division immediately to the south. The new brick
paver patio would extend from the front of the building toward
Plymouth Road for a distance of about 23 feet. Extending from
about the face of the building to just a few feet from the sign is
April 13, 2021
29953
where the new patio would be constructed. The site plan shows
a red hatched area where the patio is going. This is the rendered
plans showing the details of the patio as well as the landscaping
and other features. The existing building is setback at the
minimum which is 60 feet from Plymouth Road. The new patio
would be about 37 feet from the right-of-way line which is allowed
as long as there are no structural canopies or coverings or other
enclosures. The area of the patio would be about 520 to 550
square feet with tables, chairs and benches arranged to
accommodate approximately 20 persons. Surrounding the patio
would be a three -and -a -half -foot high black wrought iron fence
that would be supported by masonry piers. Access to the patio
from within the restaurant would be from a new door opening that
would be in the northeast corner of the building. There would be
a gate on the west side of the patio that would lead to a sidewalk
and the parking lot and would be available mainly for egress.
Thomas's currently has, according to our records, about 160
interior seats. Required parking is based on the number of seats,
both inside and outside the restaurant, as well as the number of
employees. When you do the math, they are required to have 99
parking spaces. The site currently provides a total of 72 parking
spaces, resulting in a deficiency of 27 spaces. This is something
that would have to addressed by the Zoning Board of Appeals
with the granting of a variance. As you can see from this plan, it
is fully detailed in terms of landscaping that would be provided on
all three sides of the new patio. The last item is with respect to
the Class C liquor license. As you know that operation would be
expanded to the patio. There is a provision in the ordinance that
requires on -premises liquor licenses to be located at least 1,000
feet apart. In this case, there are two other licenses within 1,000
feet. The Plymouth Roadhouse Bar & Grill is to the west of this
property by about 200 feet and then bowling alley, Woodland
Lanes, is about 800 feet. Both of these are within the 1,000-foot
separation requirement. This is something that City Council can
waive. With that, Mr. Chairman, I can read out the departmental
correspondence.
Mr. Wilshaw: Yes, please.
Mr. Taormina: The first item is from the Engineering Division, dated March 15,
2021, which reads as follows: "In accordance with your request,
the Engineering Division has reviewed the above referenced
petition. We have no objections to the proposed project at this
time. The parcel for the proposed project is assigned the address
of #33971 Plymouth Road. The existing building is currently
serviced by public water main and sanitary sewer, as well as
April 13, 2021
29954
private storm sewer. The submitted drawings do not indicate
revisions to the building services, so we do not believe there will
be any impacts to the existing systems. As a precaution, it would
be beneficial for the owner to locate the existing services prior to
any construction to avoid disruptions. It should be noted that the
developer may be required to obtain a MDOT permit, should any
work occur within the Plymouth Road right-of-way." The letter is
signed by David W. Lear, P.E., Assistant City Engineer. The next
letter is from the Livonia Fire & Rescue Division, dated March 15,
2021, which reads as follows: "This office has reviewed the site
plan submitted in connection with a request to construct a
commercial building on property located at the above referenced
address. We have no objections to this proposal." The letter is
signed by Greg Thomas, Fire Marshal. The next letter is from the
Division of Police, dated March 16, 2021, which reads as follows:
"I have reviewed the plans in connection with the petitions. I have
no objections to the proposals." The letter is signed by Scott
Sczepanski, Sergeant, Traffic Bureau. The next letter is from the
Inspection Department, dated April 5, 2021, which reads as
follows: "Pursuant to yourrequest, the above -referenced petition
has been reviewed. This Department has no objections to this
petition." The letter is signed by Jerome Hanna, Director of
Inspection. The next letter is from the Finance Department, dated
March 15, 2021, which reads as follows: "I have reviewed the
addresses connected with the above noted petition. As there are
no outstanding amounts receivable, general or water and sewer,
1 have no objections to the proposal." The letter is signed by
Connie Kumpula, Chief Accountant. That is the extent of the
correspondence. The next letter is from the Treasurer's
Department, dated March 31, 2021, which reads as follows: "In
accordance with your request, the Treasurer's Office has
reviewed the name and addresses connected with the above
noted petition. At this time, there are no taxes due, therefore I
have no objections to the proposal. " The letter is signed by Lynda
Scheel, Treasurer. We received a letter from the Police Division
today dated April 13, 2021 that reads as follows: "We reviewed
the plans submitted by MND Dining Inc. requesting waiver use
approval pursuant to Section 19.06 of the City of Livonia Zoning
Ordinance #543, as amended, to expand the existing food
service operation and Class C Liquor License of the existing
restaurant (Thomas's Family Dining) to include an outdoor dining
patio at 33971 Plymouth Road, located on the south side of
Plymouth Road between Farmington and Stark Roads in the
Northeast quarter of Section 33. After reviewing the plans with
the Chief of Police, we have no objections to the waiver being
granted, contingent that the petitioner complies with installing a
barrier preventing vehicles from penetrating patio and patrons.
April 13, 2021
29955
Also, contingent that the petitioner complies with: All State Laws,
City Ordinances, Stipulations and conditions set by the Livonia
Police Department Liquor Investigation Unit as approved by the
Chief of Police Stipulations and conditions set by the Traffic
Bureau of the Livonia Police Department We are available to
provide any additional information you may desire on this
subject." That letter is signed by Jeffrey Ronayne, Special
Services Bureau. That is the extent of the correspondence.
Mr. Wilshaw: Are there any questions of the Planning Director?
Ms. McCue: Mark, I feel like I am obligated to mention something about PRDA.
This is beautiful, obviously. The landscaping plan is beautiful. I
don't see anything on the curb plan that should interact at all with
PRDA plans up and down Plymouth Road, but is this
something... should we be inserting something in there about it
being consistent with the PRDA plans. Again, they don't have
any of the fences and they don't have any of the brick pillars. I
don't see anything right now, but I don't know if this is something
that we should start to incorporate as we go up and down
Plymouth Road. Maybe this isn't even the time to talk about it,
but since they are doing such an extensive landscaping
plan ... just a thought.
Mr. Taormina: I don't...) am trying to recall, and I am actually going back to the
prepared resolution to see if we mentioned the landscaping plan.
Ms. McCue: I know we had discussed it, but I just want to make sure it is in
there.
Mr. Taormina: The PRDA, when they discussed this, did not direct any
hardscape improvements in terms of fencing or walls. They did
indicate that the landscaping should be done in a way that would
be consistent with the PRDA theme, if you will. We have
incorporated that into condition 2 of the prepared resolution.
Hopefully, that addresses...
As.
McCue: Beautiful. As long as it is in there...) just didn't see that. Thank
you.
Mr. Wilshaw: Thank you. Good discussion. Any other questions or comments
to our Planning Director before we go to the petitioner? If not, Mr.
Kuszczak is in the audience. I am going to give him an
opportunity to unmute himself and introduce himself. Good
evening sir.
April 13, 2021
29956
Mark Kuszczak, 33971 Plymouth Road, Livonia, MI. Other than the fact that we
are trying to beautify and enhance our building as well as I think
it is going to enhance the look of the building from Plymouth
Road. We updated the outside of the building last year. This is
kind of phase two. With the current situation with the virus, I think
a lot of our customers asked for that, so we are just trying to be
proactive and give them what they want.
Mr. Wilshaw: Alright. Are there any questions from the commissioners for our
petitioner? I don't see any questions for Mr. Kuszczak. Is there
anybody in the audience that wishes to speak for or against this
item? If so, please click raise hand. I don't see anyone raising
their hand. Anything else, Mr. Kuszczak, that you would like to
add before we make our decision?
Mr. Kuszczak: No. I think we are good. Thank you.
Mr. Wilshaw: Thank you for coming. I will close the public hearing and ask for
a motion.
Mr. Bongero: Just one point on the police review about a barrier wall. Is that
something that is going to need to be considered? I don't know,
I guess that is a question for Mark.
Mr. Taormina: I did speak with Mr. Ronayne this afternoon. I indicated to him
the intention of putting the fencing as well as ... the fencing would
be supported by these masonry piers or blocked pillars as they
are identified as on the plan. He was fine with that. As long as it
is demarcated and protected, he felt that it would be adequate.
Mr. Bongero: Okay. Thank you.
Mr. Wilshaw: Any other questions or comments? If not, I will once again close
the public hearing and ask for a motion.
On a motion by McCue, seconded by Tong, and unanimously adopted, it was
#04-15-2021 RESOLVED, That pursuant to a Public Hearing having been held
by the City Planning Commission on April 13, 2021, on Petition
2021-03-02-05 submitted by MNB Dining Inc. requesting waiver
use approval pursuant to Section 19.06 of the City of Livonia
Zoning Ordinance #543, as amended, to expand the existing food
service operation and Class C Liquor License of the existing
restaurant (Thomas's Family Dining) to include an outdoor dining
patio at 33971 Plymouth Road, located on the south side of
Plymouth Road between Farmington and Stark Roads in the
April 13, 2021
29957
Northeast '/4 of Section 33, the Planning Commission does
hereby recommend to the City Council that Petition 2021-03-02-
05 be approved subject to the following conditions:
That the Site Plan received by the Planning Commission on
March 15, 2021 is hereby approved and shall be adhered to.
That the Enlarged Proposed Patio Plan identified as Sheet
No. L-1.0 dated March 3, 2021, prepared by Reliable
Landscaping, Inc., is hereby approved and shall be adhered
to, including all shown landscaping, which shall be
consistent with the character of the PRDA's streetscape
design elements.
3. That the maximum number of outdoor patio patron seats
shall not exceed a total of twenty (20).
4. That this approval is subject to the petitioner either reducing
the amount of inside seating, expanding the existing parking
lot, or being granted a variance from the Zoning Board of
Appeals for deficient parking and any conditions related
thereto.
5. That the type, sizes or quantity of the plant materials to be
planted along the outside edge of the patio shall be installed
to the satisfaction of the Inspection Departments and
thereafter permanently maintained in a healthy condition.
That there shall be no outdoor speakers or sound
equipment, including televisions allowed at any time.
That all light fixtures shall be aimed and shielded to minimize
stray light trespassing across property lines and glaring into
adjacent roadways.
That any form of outdoor advertising or signage shall be
prohibited on any of the patio structures, including the
fencing, seating, and tables, without the prior written
approval by the City of Livonia Inspection Department.
That unless approved by the proper local authority, any type
of exterior advertising, such as promotional flags, streamers
or sponsor vehicles designed to attract the attention of
passing motorists, shall be prohibited.
April 13, 2021
29958
10. That only conforming signage is approved with this petition,
and any additional signage shall be separately submitted for
review and approval by the Zoning Board of Appeals.
11. That no LED light band or exposed neon shall be permitted
on this site including, but not limited to, the building or
around the windows; and
12. That the specific plans referenced in this approving
resolution shall be submitted to the Inspection Department
at the time the building permits are applied for.
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.
Mr. Wilshaw: Is there any discussion?
Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adopted. It will go onto City Council with an approving resolution.
ITEM #6 APPROVAL OF MINUTES 1,166th Public Hearings and
Regular Meeting
Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of
the Minutes of the 1,166t Public Hearings and Regular Meeting
held on March 9, 2021.
On a motion by Smiley ,seconded by Bongero ,and unanimously adopted, it was
#04-16-2021 RESOLVED, That the Minutes of 1,166t''Public Hearings and
Regular Meeting held by the Planning Commission on March 9,
2021, are hereby approved.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Long, Bongero,
Wilshaw
McCueSmiley
Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion duly made, seconded and unania
Hearings and Regular Meeting held on April 13,
ATTEST:
Ian Wilshaw, Chairman
April 13, 2021
29959
ted, the 1,167th Public
adjourned at 8:22 p.m.
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Secretary