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HomeMy WebLinkAbout1,213 - May 14, 2024 signedMINUTES OF THE 1,213th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, May 14, 2024, the City Planning Commission of the City of Livonia held its 1,213th Public Hearing and Regular Meetings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Ian Wilshaw, Chairman, called the meeting to order at 7 p.m. Members present: Wafa Dinaro David Bongero Sam Caramagno Peter Ventura lan Wilshaw Members absent: Glen Long Mr. Jacob Uhazie, Assistant Planning Director, Scott Miller, Planner IV, and Stehanie Reece, Program Supervisor 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 2024-04-02-07 Health Vista LLC Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2024- 04-02-07 submitted by Health Vista L.L.C. requesting waiver use approval under Section 6.37 of the Livonia Zoning Ordinance, as amended, to operate a massage establishment at 33242 Seven Mile Road, located on the north side of Seven Mile Road between Farmington Road and Mayfield Avenue in the Southwest % of Section 3 Mr. Uhazie: Mr. Wilshaw: Mr. Uhazie: May 14, 2024 31399 Good evening. Thank you. This request to operate and massage establishment at 33242 Seven Mile Road. The property is currently zoned C-2 and is located in the Westmore Shopping Plaza. The plaza is a multi -tenant retail building located on the northeast corner of Seven Mile Road and Westmore Avenue. Westmore Plaza was approved in 1984. Currently the building is divided into two units. One is the Genesis Hair Salon, and the other is the petition site, which is currently vacant. The proposed massage establishment would occupy the eastern unit of the shopping center. The unit contains a floor plan area of approximately 1,100 square feet and the unit storefront faces south towards Seven Mile with parking directly in front of the business. For massage establishments are permitted with waiver approval in a C-2 district under the provisions outlined in Section 6.37 of the zoning ordinance. Stipulated in this section are several requirements including: the establishment must be at least 400 feet from another massage establishment, it also must be at least 400 feet from any school, place of worship, state licensed daycare facility, public library, playground or public park and the operating hours are limited to 8am to 10pm. Under the separation requirements for this petition Health Vista would comply with the requirements since no other massage establishments are within 400 feet of the proposed location. The site also meets separation requirements from state licensed daycare facilities, public libraries, playgrounds, public parks, or places of worship. There are no building or other site modifications proposed under this petition. The petitioner is allowed one wall sign based on the unit's frontage and parking is based on the overall requirement of the entire center. Because the users are retail, the required parking for the center is based on the parking schedule for group commercial centers. The existing parking lot at Westwood Plaza Shopping Center is sufficient to handle the parking needs of the proposed massage establishment. The floorplan shows the general layout of the interior, which includes a waiting area, several individual rooms, a laundry room and a unisex bathroom. With that, Mr. Chairman, I can read out the departmental correspondence. Yes, please. The first item is from the Engineering Division, dated April 4, 2024, 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 address of #33240 Seven Mile Road has been assigned for the overall parcel, although additional addresses for the individual suites may in use. The legal description submitted May 14, 2024 31400 with the petition appears to be correct, and should be used should the waiver use be granted. The existing parcel is currently served by public water main and sanitary sewer, as well as private storm sewer. The submittal does not indicate any changes to the existing utility leads, so we do not believe there will be any additional impacts to the public utilities with this proposal. Should changes to the existing building leads be needed, the owner shall submit proposed drawings to this Department to determine if permits will be required. Also, should any work be required within the Seven Mile Road right-of-way, The owner may be required to obtains permits from the Wayne County Department of Public Service." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated April 25, 2024, which reads as follows: " This office has reviewed the site plan submitted in connection with a request to modify a commercial building on the property located at the above referenced address. We have no objections to this proposal. A further detailed plan review will take place when this division receives an official plan set." The letter is signed by Brian Kukla, Fire Marshal. The next letter is from the Division of Police, dated April 9, 2024, which reads as follows: `1 have reviewed the plans in connection with the petition. I have no objections to the proposal." The letter is signed by Paul Walters, Sergeant, Traffic Bureau. The next letter is from the Finance Department, dated April 10, 2024, which reads as follows: "1 have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to the proposal." The letter is signed by Connie Kumpula, Chief Accountant. We have verbal confirmation from Susan Nash, Treasurer, that there are no taxes or water due. That is the extent of the correspondence. Mr. Wilshaw: Okay, thank you., Mr. Uhazie. Is there any questions for our planning staff? I don't see any questions from anybody. We'll go to the petitioner. Feel free to come forward to our podium. We're going to ask that you start with your name and business address for our records. You have some handouts? You can hand them to Stephanie There she will pass them along to us. That way you don't have to. Niihau. I'm good. Thank you. We will ask you start with your name and address for our records. Lisa Wang, 332427 Mile Road, Livonia, MI. My name is Elaine and I'm the translator. Mr. Wilshaw: Thank you. Is there anything that you would like to tell us about the business that hasn't been mentioned already? May 14, 2024 31401 (Petitioner and translator speaking to each other in foreign language) Elaine (Translator): She said she has 14 years of experience and is a certified massage therapist. This is her first attempt at a store. She's trying to be an owner. She doesn't have any experience with hearing, so she doesn't know really, but she's open to the questions though. Mr. Wilshaw: Okay. Okay. Let's see what questions we have for you. Is there any questions for our petitioner? Ms. Dinaro: Thank you for being here. Just a couple of questions. It says you have 14 years of experience, anything local in Michigan? Elaine: She's been in New Jersey before and also in Michigan as well, as a staff though. Ms. Dinaro: Great, what's the plan for how many massage therapists will be there at a time? What's the business going to look like? Elaine: She said she's wanting to hire another therapist, so we'll start with two therapists, and the goal was about a three to four. Ms. Dinaro: And what are the hours gonna look like? Elaine: She said about 930 in the morning till 9pm. Not necessarily will there be two therapists there all the time. Maybe morning will be less staff and busy hours she might have more. Ms. Dinaro: Mr. Wilshaw: Mr. Ventura: Thank you. Thank you, Ms. Dinaro. Any other questions for petitioner? In considering your petition for tonight, one of the things that I took some time to do was to go on the Internet, to the Yellow Pages and look up massage services in Livonia available and I was surprised to find that I got a quick answer of 35. There are already 35 massage places to get a massage in Livonia, and so I went from there to say how many are around the location that on Seven Mile Road that you're planning on leasing, and there are seven or so, I'm sorry, six of them. So, yours would be the seventh in the area from Middle Belt Road over to Gill Road, roughly. They're represented by chiropractic offices that offer all kinds of physical therapy and massage too. Some of them offer a stone massage and heated massage and some of them offer acupuncture. I'm not sophisticated in the different kinds of Elaine: Mr. Ventura: Mr. Wilshaw: Elaine: Mr. Wilshaw: May 14, 2024 31402 massage, but it appears, in looking at the ads for these already there establishments, that there are lots of ways to get a massage already. And so my question to you is, after telling you all of that, is what kind of massage can you bring to the market that's not already here? In other words, what's going to help your business be successful? Why will people come to your establishment to get a particular kind of massage, as opposed to one of the ones that are already here? I'm assuming that because these ones are already here, and they're established, they already have customers. So how will you draw those customers away? Or how will you draw new customers? So, first of all, she was not aware there were already six stores around and she said in massage therapy, massage is like a very highly specialist skill, so there's like a Thai massage and like you said, there's hot stones. She said she would start posting her website as a new customer discount to draw some customer here. And now she believes that with her technique, with her experience, you know, the people would love to come to her. Okay, thank you for that answer. Thank you, and any other questions for our petitioner? I don't see any other questions from anyone? Is there anyone in the audience wishing to speak on this item? I don't see anyone else wishing to speak on this item. Is there anything else that you'd like to tell us before we make our decision tonight? So, she does believe that there are a lot of population suffer with a chronic pain. And she believes that through her massage therapists that then they will be like a further general well being for the population. There'll be a reduce of the pharmaceutical use of the pain medications. She believed that's good for the community. I appreciate those comments. Thank you. If there's nothing else on this item from anyone, I think I can close the public hearing. And a motion will be an order. And again, thank you for coming tonight and helping translate as well to make this an easier process. So, thank you. I'll close the public hearing and a motion will be an order. On a motion by Dinaro, That the City Planning Commission does hereby recommend to the City Council that Petition 2024-04-02-07 submitted by Health Vista L.L.C. requesting waiver use approval under Section 6.37 May 14, 2024 31403 of the Livonia Zoning Ordinance, as amended, to operate a massage establishment at 33242 Seven Mile Road, located on the north side of Seven Mile Road between Farmington Road and Mayfield Avenue in the Southwest '/4 of Section 3, be approved for the following reasons: 1. The massage treatment rooms shall not have doors, as shown on the submitted floor plan dated March 24, 2024, as revised. 2. This waiver is limited to this petitioner and can only be transferred to another user with approval by the City Council. The petitioner shall comply with all other special waiver use standards and requirements outlined in Section 6.37 of the Zoning Ordinance and Chapter 5.49 of the Livonia Code of Ordinances, and 4. The Petitioner shall not engage in any form of solicitation for business within the public right-of-way of Seven Mile Road or Mayfield Avenue. FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 13.13 of Livonia Zoning Ordinance, as amended. The motion failed due to lack of support. On a motion by Caramagno, seconded by Ventura, and adopted, it was: #05-18-2024 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on May 14, 2024, on Petition 2024-04-02-07 submitted by Health Vista L.L.C. requesting waiver use approval under Section 6.37 of the Livonia Zoning Ordinance, as amended, to operate a massage establishment at 33242 Seven Mile Road, located on the north side of Seven Mile Road between Farmington Road and Mayfield Avenue in the Southwest % of Section 3, the Planning Commission does hereby recommend to the City Council that Petition 204-04-02-07 be denied for the following reasons: 1. The petitioner has failed to comply with all general standards and requirements outlined in Sections 1.02 and 13.13 of the Livonia Zoning Ordinance. May 14, 2024 31404 2. The petitioner has not adequately established a need for the proposed use in this shopping center or the immediate area. 3. The petitioner has not sufficiently demonstrated that the proposed use would be compatible with and in harmony with the surrounding uses in the area; and 4. The proposed use is contrary to the goals and objectives of the Zoning Ordinance, which, among other things, are intended to ensure the suitability and appropriateness of uses. FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 13.13 of Livonia Zoning Ordinance, as amended. A roll call vote on the foregoing resolution resulted in the following: Mr. Wilshaw: Mr. Wilshaw, Mr. Wilshaw: Elaine: Mr. Wilshaw: AYES: NAYS: ABSENT: ABSTAIN: Bongero, Caramagno, Ventura, Wilshaw Dinaro Long None Is there any discussion? Chairman, declared the motion is carried and the foregoing resolution adopted. This is a waiver -use request. So, you will have 10 days in which to appeal our decision in writing to City Council if you'd like to continue on to the City Council process, but because we're recommending a denial, you'll have to submit that appeal to City Council if you wish to do that. So because you guys talk a lot about the codings and stuff, so the main reason for the denial is that failed to demonstrate the competition around the area is the main thing. Is that correct, from my understanding? Well, it's difficult for me to try to say why everybody voted the way they did, but there was four reasons given as part of the denying resolution, that it failed to comply with the requirements of the zoning ordinance and that there was not an established... you didn't effectively establish or show a need for that in this area. So, that is one of the factors that was used in that process. If that answers your question. May 14, 2024 31405 Elaine: So, if we decided to appeal there'll be another hearing or how does it go? Mr. Wilshaw: Elaine: Mr. Wilshaw: Yeah, so if you submit an appeal, and our planning staff will be able to help you with that, you can contact our Planning Department. You need to submit in writing a letter to City Council stating that you'd like to appeal our decision and then it will go to the City Council, which is a level above us and they will then put it on their agenda for consideration. And it'll be a similar kind of group of people, and you can give a presentation I see and then they can make their decision okay. And their decision beats ours. Whatever they decide. We get it. Thank you for coming tonight. ITEM #2 PETITION 2024-04-02-08 Sun Massage Spa Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2024- 04-02-08 submitted by Sun Massage Spa requesting waiver use approval under Section 6.37 of the Livonia Zoning Ordinance, as amended, to operate a massage establishment at 28477 Five Mile Road, located on the south side of Five Mile Road between Harrison Avenue and Middlebelt Road in the Northwest % of Section 24. Mr. Uhazie: This is the request to operate a massage establishment at 28477 Five Mile Road. The site is currently zoned C-2. The Livonia Five Plaza Shopping Center is a multi -tenant retail building located next to the former Old Mexico restaurant. The proposed massage establishment would occupy an interior unit towards the center of shopping center. The site is currently empty. The unit contains a floor area of approximately 1,100 square feet and the units' storefront faces north towards Five Mile Road with parking directly in front of the business. Under Section 6.37 of the zoning ordinance, massage establishments must be separated by at least 400 feet from any massage establishment and any school, place of worship, state licensed daycare facility, public library, playground or public park and operating hours are limited from 8am to 10pm. The separation requirements for Sun Massage Spa do comply with requirements since no massage establishment are within 400 feet of the proposed location. The petition does not meet the separation requirement from a state licensed daycare facility, public library, playground or public park are places of worship. The Unity of Livonia Church is located across Five Mile Mr. Wilshaw: Mr. Uhazie: May 14, 2024 31406 Road about 285 feet northwest of the proposed location. No building or other sight modifications are planned. The unit is allowed one wall sign based on the source frontage and parking is based on the overall requirement of the entire center. Because the users are retail, the required parking for the center is based on the parking schedule for group commercial centers. The existing parking lot at Livonia Five Plaza Shopping Center is sufficient to handle the parking needs of the proposed massage establishment. The submitted floor plan shows the general layout of the interior which includes the waiting area, several individual massage rooms, a break room and unisex bathroom. With that, Mr. Chairman, I can read out the departmental correspondence. Yes, please. The first item is from the Engineering Division, dated April 29, 2024, 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 subject parcel is assigned the address range of #28423 thru #28519 Five Mile Road, with the address of #28423 Five Mile Road being assigned for the overall parcel. The legal description submitted with the petition appears to be correct, and should be used should the waiver use be granted. The existing parcel is currently served by public water main and sanitary sewer, as well as private storm sewer. The submittal does not indicate any changes to the existing utility leads, so we do not believe there will be any additional impacts to the public utilities with this proposal. Should changes to the existing building leads be needed, the owner shall submit proposed drawings to this Department to determine if permits will be required. Also, should any work be required within the Five Mile Road right-of-way, The owner may be required to obtains permits from the Wayne County Department of Public Service."The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated April 25, 2024, which reads as follows: " This office has reviewed the site plan submitted in connection with a request to modify a commercial building on the property located at the above referenced address. We have no objections to this proposal. A further detailed plan review will take place when this division receives an official plan set" The letter is signed by Brian Kukla, Fire Marshal. The next letter is from the Division of Police, dated April 23, 2024, 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 Paul Walters, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated April 30, 2024, which reads as May 14, 2024 31407 follows: " Pursuant to your request, the above -referenced Petition has been reviewed. 1. The parking lot shall be repaired, sealed, and restriped as necessary. Parking spaces shall be double -striped and 10' wide by 20' deep. 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 April 29, 2024, which reads as follows: "1 have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to the proposal." The letter is signed by Connie Kumpula, Chief Accountant. And, finally, from the treasurer's office, taxes are current sent by Susan Nash, City Treasurer. That is the extent of the correspondence. Mr. Wilshaw: Thank you very much. Is there any questions for the planning staff? Mr. Caramagno: Jacob, I was over at the retail center across the street. I was at the Laundromat, of all places, and I noticed I was walking away from my American flag to finish washing and see the massage parlor across the street. They don't know if it's a parlor or they just offer massages, but they have advertised massages right on the window and the shopping center right across the street. Are they a registered massage site? Mr. Uhazie: They did not go through this commission. Mr. Caramagno: I think they offer a bunch of different things, but massage was one of the listed items on their window. Mr. Uhazie: It is likely an accessory use.if it did not have to go through us. Mr. Caramagno: Alright, thank you. Mr. Wilshaw: Thank you, Mr. Caramagno. Any other questions for our planning staff? If not, the petitioner is in the audience. Feel free to come forward. Hi, good evening. Again, we'll ask that you start with a name and address. Mark McLaughlin (Interpreter), 28477 Five Mile Road, Livonia, MI. Mr. Wilshaw: All right. Thank you, Mark. Mr. McLaughlin: I didn't know Mark Cuban is going to be here. I know you hear that all the time, right. All right. I'm pale because I just drove with an Asian woman 19 miles. Mr. Wilshaw: Mr. McLaughlin: Mr. Wilshaw: Mr. McLaughlin: Mr. Wilshaw: Mr. Bongero: Mr. Mr. Mr. McLaughlin: Bongero: McLaughlin: Mr. Bongero: May 14, 2024 31408 Okay. Well, I'm glad that you're here tonight. What would you like to tell us about the petition? Okay, So, it's gonna be massage, but the main issue is, what we're going to do is acupuncture, okay. She's gonna have her license within 30 days. We upped it, because they said it was going to be four to six months. And so now it's going to be...the main thing is it's going to be acupuncture, okay. Not just like mainly massage. Hours are going to be Monday through Saturday, closed on Sunday. What else would you like to know? When Monday through Saturday, do you know hours? Oh, probably nine till eight-ish, okay. Not real late. Okay. Lets see if there's any questions for you and we'll go from there, all right? Any questions for our petitioner? Just a couple of questions. Were you guys aware there was a massage establishment across the street? No. No, I wasn't either, too. Is it up and running? I had no idea, because I went to that laundry mat a little while ago, you know, just checking out the area. We understood that it is running. It's up. It's on its own. Mr. McLaughlin: It's up and running? Mr. Caramagno: It was closed when I was there. But it looked like it's active. Mr. McLaughlin: Is it like a nail and spa type thing? Or is it... Mr. Caramagno: You know, I'd like to answer that, but I don't know. Mr. McLaughlin: That's fair. Mr. Bongero: I guess the other question I have is, if acupuncture is the main business... Mr. McLaughlin: It's going to be the main business, yes. Mr. Bongero: Can that business survive on just acupuncture? Mr. McLaughlin: Mr. Bongero: Mr. McLaughlin: Mr. Bongero: Mr McLaughlin: Mr. Bongero: Mr. Wilshaw: May 14, 2024 31409 Yes, absolutely. So, you don't need massage. No, we don't, and we prefer to do acupuncture. It's gonna, like I said, it's gonna be 30 days. You know, they said... For the massage license? Yeah, but no, no, no, no, we already have the massage license. For the acupuncture license in Michigan, because it wasn't transferable from New York. Okay. Well, thank you. Okay, just so I understand, you're saying that you currently have a massage license, but you're waiting for the state to issue the acupuncture license. Mr. McLaughlin: Correct. Mr. Wilshaw: Which is a separate license? Mr. McLaughlin: Exactly. And like I said, it's nontransferable from New York. Mr. Wilshaw: Okay. And for all intents and purposes, for our meeting tonight, we treat massage and acupuncture as the same. The same kind of business. So, we're either going to approve it or not. It allows either massage or acupuncture. Just want to make sure we are clear. Mr. McLaughlin: Yep. I just wanted to differentiate. Mr. Wilshaw: Definitely it makes a difference. Mr. Wilshaw: Yeah, very good. Any other questions for our petitioner? Mr. Ventura: I'd ask a question. So, there's a provision in our zoning ordinance that enables you to make a voluntary restriction. In other words, as Mr. Wilshaw said If you were approved tonight, you would be able to do both massage and eventually, the acupuncture. Mr. McLaughlin: Okay. Yeah. Okay. Mr. Ventura: We could put this item on the table tonight, and you could come back to the Planning Department and say, well, we never want to do massage, and we will never do massage. And then you would May 14, 2024 31410 come back to this body okay and you would have an opportunity to petition us for approval for acupuncture only. Would that be acceptable to your...? Mr. McLaughlin: Yeah, that's fine. It's just, I've got to get it going because I've invested a lot of money. We're already paying rent on it. I didn't know all of the parameters to go through all of the legal stuff we had to go through. I'm in the appliance business. I operate in Oakland County, okay, so I'm just trying to help them. But yeah, it's Mr. Ventura: I hear you saying yes. Does the young lady next to you understand the language? Does she understand English? Mr. McLaughlin: I can explain it to her. Mr. Ventura: She is gonna be owning the building and operating the building. She needs to understand that she will not be able to do massage if you go through this process that I mentioned. Okay. (Petitioner speaks in foreign language) Mr. McLaughlin: I'm sorry. Mr. Wilshaw: We understand that it needs to be translated. (Mr. McLaughlin speaks into phone for translation) Mr. McLaughlin: He wants you to understand that it's going to be mainly for acupuncture. This is just not working. Mr. Ventura: You've answered my question, I guess, Mr. Uhazie or if we were to proceed in this way, I'd offer a motion to table I guess when we get to that point right? Mr. Uhazie: Yeah. Mr. Wilshaw: All right. Thank you. Maybe between then and now, he can explain to this client. (inaudible between commissioners) Mr. Wilshaw: Alright, let's continue on, and we'll see where we go from here. Any other questions for the petitioner? No other questions for our petitioner. Is there anyone in the audience wishing to speak on this item? Feel free to come forward to one of the podiums. It might be easier to use that one. May 14, 2024 31411 Mr. Wilshaw: Wewill ask for your name and address for our record, please. Margaret Hineman, 28342 Five Mile, Livonia. Good evening. Mr. Wilshaw: What would you like to tell us? Ms. Hineman: Well, you may have mentioned that you saw a sign that was advertising massage therapy. Well, there is a location there that is not, has not been advertising it due to COVID and then, and that location was Livonia Sauna. I have been the proprietor of Livonia Saunas since 1992. Four years ago, I did shut the doors due to COVID. Since then, I had a couple of catastrophes. I suffered cancer and after I was well, my daughter suffered cancer, and she didn't make it and I took care of her in Kentucky. So, the place was not open for that time period. This last year, I've been doing things you may have noticed. It has a new roof. We're trying to fix the place up and I originally planned on opening up in April if anyone had called my phone, they would have heard that. We were looking in April had a couple of plumbing issues that I am having taken care of right now, but we do plan on opening up this month. I am licensed for massage besides the sauna. I was trained at I Irene's Myomassology Institute in 1994. Also, Mr. Ventura, I kind of followed your lead. I kind of investigated just how many massage therapy locations are on Five Mile. There are five, between Inkster and Hubbard. So, I do hope...I definitely want more business to go on but definitely, with me going planning on opening up this month, and a new business coming in, I could be impaired. Thank you for your time. Mr. Wilshaw: Thank you for coming this evening. And we're sorry about your loss. Ms. Hineman: I still got a good one. Mr. Wilshaw: Well, we appreciate that. Okay. Is there, well, there's no one else in the audience I believe that's willing to speak on this. Is there anything else that you'd like to say to us before we make our decision, sir? Mr. McLaughlin: I don't think so. I'm Do you have any questions for me? Any other questions? Mr. Wilshaw: We'll see if there's any other questions, and then we'll make our decision. Is there any other questions for the petitioner? No other questions for you. So, I think we're good to go. I'm gonna go to May 14, 2024 31412 my colleagues here on the commission and see if there is a motion from anyone. Mr. McLaughlin: Do I stay here? Mr. Wilshaw: You can sit down if you wish, at this point. Mr. McLaughlin: Thank you. Mr. Wilshaw: A motion is an order. On a motion by Ventura, seconded by Bongero, and adopted, it was: #05-19-2024 RESOLVED, That pursuant to a Public Hearing having been held by the City Planning Commission on May 14, 2024, on Petition 2024-04-02-08 submitted by Sun Massage Spa requesting waiver use approval under Section 6.37 of the Livonia Zoning Ordinance, as amended, to operate a massage establishment at 28477 Five Mile Road, located on the south side of Five Mile Road between Harrison Avenue and Middlebelt Road in the Northwest '/ of Section 24, the Planning Commission does hereby recommend to the City Council that Petition 204-04-02-08 be denied for the following reasons: The petitioner has failed to comply with all general standards and requirements outlined in Sections 1.02 and 13.13 of the Livonia Zoning Ordinance. 2. The proposed use fails to comply with the Zoning Ordinance standard outlined in Section 6.37(3), which specifies that no massage establishment shall be located within four hundred feet (400') of a place of worship. 3. The petitioner has not adequately established a need for the proposed use in this shopping center or the immediate area. 4. The petitioner has not sufficiently demonstrated that the proposed use would be compatible with and in harmony with the surrounding uses in the area; and 5. The proposed use is contrary to the goals and objectives of the Zoning Ordinance, which, among other things, are intended to ensure the suitability and appropriateness of uses. May 14, 2024 31413 FURTHER RESOLVED, That notice of the above hearing was given in accordance with the provisions of Section 13.13 of Livonia Zoning Ordinance, as amended. Mr. Wilshaw: Is there any discussion? Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. A roll call vote on the foregoing resolution resulted in the following: AYES: Bongero, Ventura, Caramagno, Wilshaw NAYS: Dinaro ABSENT: Long ABSTAIN: None ITEM #5 APPROVAL OF MINUTES 1,209th Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,212th Public Hearing and Regular Meeting held on April 23, 2024. On a motion by Bongero, seconded by Caramagno, and unanimously adopted, it was: #05-20-2024 RESOLVED, That the Minutes of 1,212th Public Hearings and Regular Meeting held by the Planning Commission on April 23, 2024, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Bongero, Ventura, Caramagno, Wilshaw NAYS: None ABSENT: None ABSTAIN: Dinaro Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,213th Public Hearings and Regular Meeting held on May 14, 2024, was adjourned at 7:45 p.m. CITY PLANNING COMMISSION ATTEST: Ian Wilshaw, Chairman May 14, 2024 31414 Sam aramagno, Secretary