HomeMy WebLinkAboutPLANNING MINUTES 2002-01-2919104
MINUTES OF THE 838"' PUBLIC HEARINGS AND REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
On Tuesday, January 29, 2002, the City Planning Commission of the City of Livonia
held its 838" Public Hearings and Regular Meeting in the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan.
Mr. James McCann, Chairman, called the meeting to order at 7:30 p.m.
Members present: James C. McCann Dan Piercecchi H. G. Shane
Robert Alanskas William La Pine John Pastor
Messrs. Mark Taormina, Planning Director; At Nowak, Planner IV; Scott Miller,
Planner III; Bill Poppenger, Planner I; and Ms. Margie Roney, Secretary, were also
present.
Chairman McCann informed the audience that if a pefition 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 hasten days in which to appeal the decision, in wnting, 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 ofthe proceedings tonight.
ITEM #1 PETITION 200142-0143 MARK BAK
Mr. Pieroecchi, Secretary, announced the first item on the agenda is Petition 2001-
12-01-13 submitted by Mark Bak requesting to rezone property
located on the south side of Eight Mile Road between Meadow View
Lane and Hickory Lane in the Northwest %of Section 6 from RUF to
OS.
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Mr. Taormina presented a map showing the properly under petition plus the existing
zoning of the surrounding area.
Mr. Nowak: There is one item of correspondence from the Engineering Division,
dated December 19, 2001, which reads as follows: 'Pursuant to your
request, the Engineering Division has reviewed the above -referenced
petition. We have no objections to the proposal or the legal
description contained therein. We would request that the developer
be required to permanently improve the existing gravel approaches
and parking lots to either asphalt or concrete in accordance with
Section 13.06 of the Zoning Ordinance to handle the increased traffic
associated with the business." The Iefler is signed by David Lear,
P.E., Civil Engineer. That is the extent of the correspondence.
Mr. McCann:
Is the petitioner here this evening?
Mark Bak, 6367 Robison Lane, Saline, Michigan.
Mr. McCann:
Is there any additional information on your project?
Mr. Bak:
Yes, I have two letters that I received from different neighbors that I
did forward here last week. I'm not sure if those are there. Basically,
we just simply want to be able to take photographs at the studio. We
are a portrait studio that primarily photographs on location in homes,
at weddings, sporting events, things like that on location. We have a
lot of clients that would like us to be able to take pictures of them and
don't have a location or facility for us to do that, so we wish to lake
pictures in our backyard there. I did have a meeting last week with
some of the neighbors. I sent out a letter to all the neighbors inviting
them to come in and see the studio and let me shay them the plans.
Several neighbors showed up. We had a very nice meeting, and I
think some of them are here tonight so they can tell you what they
thought. But it went over very well I thought. They were happy with
the improvements that we made on the building. We've renovated
the inside and started on the outside replacing some deteriorated
wood and things like that. We have a new painljob on it. I think
we've improved the building quite a bit. We put about $70,000 into
the exterior and interior overthe Iastyear and a half, and I thinkwe
cleaned it up pretty nice and would like to continue doing that and
make it a pleasing part of the neighborhood.
Mr. McCann:
Are there any questions from the Commissioners?
Mr. Alanskas:
Do you own the property?
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Mr. Bak:
No, sir, not until April. I have a lease with option to buy which is
effective April 1.
Mr. Alanskas:
Are you in there now working as a studio?
Mr. Bak:
Yes, exceplwe don't do portraits there. We are primarily a wedding
studio so we shoot our pictures on location. Right now, it's basically
our sales offices.
Mr. Alanskas:
Could you tell us a little bit about the grooming part in the back? Is
that going to still be there?
Mr. Bak:
No, sir.
Mr. Alanskas:
That's going to be going out. What will be going in where they are?
Mr. Bak:
We're not sure yet. Just additional sales offices, maybe a shooting
room. We haven't really determined what is going in there.
Mr. Alanskas:
You sayyou wanttD put a pond in the back. And what else?
Mr. Bak:
Yes, sir. A pond with a little waterfall, landscaping, gazebo...
Mr. Alanskas:
What size are you talking about?
Mr. Bak:
The pond ... well, depending on what I can afford, I guess, and what
is allowed. We have different renderings of it, anything from 20'
around to 40' around. Again, just depending on if there's a limit to
what I can do and how much I can afford.
Mr. Alanskas:
Thankyou.
Mr. La Pine:
I have a couple of questions. Mr. Piercecchi and I were out there last
week, and we got into your building. But there was a gentleman
there that really did not want to show us loo much because he was
an employee and he didn't know if he was supposed to shoe us
around. Butwedidwalkupanddovnthefirstfoor. Inthebackyou
have a sales office and you've got a closet and you've got another
sales office. This training room. Now to me thattraining room had a
black backdrop wit. I'm in the graphic arts business. So you take
photographs in there, do you not?
Mr. Bak:
Yes, it's where we train photographers on how to do portraits.
Mr. La Pine:
This is a training place?
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Mr. Bak: Yes, for our wedding photographers. We teach them how to do
portraits in there. So like in our old locafion, when we did a shooting
studio with 16' wide, 31' long. The room you're talking about is 5'
wide and 8'long.
Mr. La Pine:
Yes, right.
Mr. Bak:
So its for nothing more than doing head and shoulders shots.
Mr. La Pine:
How often do you train? I mean, how many photographers do you
have?
Mr. Bak:
We have about 12. And we do seminars. Right now we do them
every other Tuesday night from 7:00 p.m. to 9:30 p.m. The
photographers will come in and we just do our little seminars in there.
Mr. La Pine:
So there are 12 people continually being trained?
Mr. Bak:
Yes, sir.
Mr. La Pine:
That's strange. Okay. Now, tell me something aboutthese sales
offices. You have four. I dont know what you have upstairs because
he didn't want us to go upstairs. What's on the second floor?
Mr. Bak:
The second floor is just as when we moved into it. Its just a finished
upstairs like a house would be.
Mr. La Pine:
Now your operation is upstairs?
Mr. Bak:
Yes, sir. That's where we put the albums together for the bride and
groom.
Mr. La Pine:
Doyoudo anydeveloping oflheflmthere?
Mr. Bak:
None at all. It's all outsourced.
Mr. La Pine:
What's in the pole bam?
Mr. Bak:
Storage. There's nothing in there at all except stuff—just old props,
old desks, things that we might take on location. Like if we do a
dance studio shoot, we have our big background stands that are in
there made out of wood that go up 12' high, so that we can't keep
them in the building. So that's kept out in the barn. Things of that
nature.
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Mr. LaPine: And when you have one of these types of shoots, you take that to the
location. Is that right?
Mr. Bak:
Yes, sir. Those are ...
Mr. LaPine:
This is a commercial operation. By that, I mean do you do shoots for
corporations, for businesses, and thi rigs like that?
Mr. Bak:
Yes.
Mr. LaPine:
This is not strictly a portreit operation.
Mr. Bak:
No, sir. A lot of our clients will call us to come in and do ... see,
even though it's commercial, we don't do commercial work. I don't
know which way you want to dassify that. A company will call us to
come in and do head and shoulder portraits of a committee, of all
their vice presidents, something like that. So most of the time it
relates to portrait work. However, I have photographed buildings. I
have photographed molding machines, cars, things like that. So I am
trained in commercial work. I can do it if need be.
Mr. LaPine:
Okay, now, the sales offices ... I assume these are used if a couple
comes in and wants to supposedly hire you to shoot their wedding.
You have four sales offices. That means you have four salesmen
that can show them samples of your work and so forth. Is that what
that's for?
Mr. Bak:
Yes, sir.
Mr. La Pine:
Do you do anylraining of slide films or anything like that at this
location?
Mr. Bak:
I'm not sure what you mean. I don't do anything with slide film at all.
Mr. LaPine:
You don'tdo anyslide film?
Mr. Bak:
No, sir.
Mr. LaPine:
Okay.
Mr Shane:
What is the total number of employees that would be on the site at
any one time?
Mr. Bak:
There are two gids that work upstairs in the order department. There
is a total of four salespeople downstairs but we rotate because we
are open 10 a.m. to 8 p.m. So usually its two salespeople per day
19109
and two people upstairs. Once in a while there will be a crossover
where someone's come in for a couple hours and someone is going
out in two hours. So sometimes you might have three downstairs
and two upstairs. Most ofthe time two and two.
Mr. Shane:
How many customers would you presume would be there at any one
lime?
Mr. Bak:
We work strictly by appointment. An appointment is about an hour
and a half to two hours long, so two clients at a time is all we can
really take because there's only two salespeople there usual ly at a
time.
Mr.Shane:
Thankyou.
Mr. Piercecchr
Sir, would you repeat again when you're going to terminate the
grooming because that definitely doesn't apply in either of those
zonings. That's a commercial operation. When you had the vets,
you could tie in with the veterinary operation. Thalwas fine. But
inasmuch as that hasn't been there for many, many years ... when
is the exact date that you can terminate that?
Mr. Bak:
Well, I can officially purchase the building April 1 and then I assume
they need time to move out and do what theyre going to do. I
assume it wouldn't be more than 30, 60, maybe 90 days after that,
but we actually haven't set a termination dale for them to leave.
Mr. Piercecchr
So, it's roughly around June if you're getting the rezoning. By June
you would terminate that commercial operation?
Mr. Bak:
I would thinkso. Again, I honestly haven't had that conversation with
the owners yet, but I think we're both thinking that.
Mr. Piercecchi:
If you got the rezoning to OS, you could operate a photographic
studio, but the dog grooming doesn't apply because that's a
commercial operation.
Mr. Bak:
And that was there before I got there, sir. I believe they're planning
on refining and moving out of stale.
Mr. La Pine:
Do you have any plans to improve the parking lot, to build an
approach from Eight Mile Road on your property, to stripe your
parking lot?
Mr. Bak:
I haven't had any plans, no, sir.
19110
Mr. McCann: Are there any more questions? Is there anybody in the audience that
wishes to speak for or against this petition?
Rodger Matthews, 38530 Morningstar in the Livonia Hills Subdivision. My wife,
Emma Lou, is here with me tonight. I was
just going to basically
make a comment that we're opposed to what's
going on here. There
is a series of events that started last December. I have a piece of
paper here just for the record; it's a copy of my notes, if that's okay.
We came over in December 11 for waiver use approval in this forum.
And then in January, I received a memo from Mr. Bak saying he had
obtained a variance to operate his offices earlier in October, 2000,
and then we were invited to a public hearing on December 11 where
a waiver was also being requested. So I'm kind of confused between
a variance and waiver. The requested waiver had a variance
requesting awaiver. On January 15, Mr. Bak sent memo to us
stating that he's simply fling for a permit to be able to do landscaping
and to use the backyard for outdoor portraits. This was in response
to a written comment that we had made to Mr. Bak where we had
erroneously made the assumption that he was intending to hold
outdoor weddings on the property. This brings us to tonight, where I
think there's a request to rezone the property, but I'd like a
clarification what Item 9 is on the back of the agenda. Is that for
tonight or is that for a future meeting?
Mr. McCann:
That's actually on tonight's agenda. It was previously scheduled last
November or early December, I believe. The problem we had with it,
it's not a permitted use in an RU zoning. We couldn't grant him a
waiver use to do this unless he changed the zoning.
Mr. Matthews:
So the zoning comes first and then it's a waiver request after that?
Mr. McCann:
That's exactly correct.
Mr. Matthews:
Thankyou forlhe clarification.
Mr. McCann:
The zoning of this property would need to be changed before we
could approve the waiver use.
Mr. Matthews:
By the way, Mr. LaPine, I want to compliment you. Thank you for
coming out to the property and taking a look and reviewing what's
going on there. I appreciate that. I did visit a web site of Mr. Bak's —
a very nicely done web site. And I just want to make mention that the
web site says he's planning on putting over $1 million into the comer
properly, so that's quite a lump sum to be putting into that corner
property iflhal's the case and that's exactly what he's planning on
doing. And then in the letter of response on January 15 that Mr. Bak
19111
sent tome, he mentions that he's received a variance to operate the
studio and since has purchased the building. Correct me if I'm
wrong, but I thinkjust moment's ago he said he has notyet
purchasedit. He's got a whatever-you-want-tocall-itto purchase it. I
don't think it is purchased yet. So I just want a point clarification
there. Sothis whole series of events kind of leaves me and my wife
unsettled. We're a little confused as to what Mr. Bak's plans really
are. I dont think theyre detailed. I don't think they're represented
very well at all in this forum or to the neighborhood. We'rejust
dissatisfied with that. In verysimple terms, my wife and I are both
opposed to any request for variance of waiver use and, most
importantly, we request that you vole no regarding the request to
rezone the subject property. Thank you for your time.
Mr. McCann: Thankyou, sir.
Nancy Gaston, 38685 Jahn. I'm one of the neighbors that never got any notification
from Mr. Bak, along with quite a few other neighbors who knew
nothing of what was going on, or being invited over to his studio.
One of the things that I wanted to go back to is a meeting that was
held— it was a public hearing — with John Nagy. This is going back
to March 16, 1988. This is on the property when Helmkamp wanted
to buy the property from Bob Siegmund. I want to read what was
said at that time because this is what we're going through again.
First of all, Mr. Taylor talked about waiver use. It was granted. If the
house did, for some reason bum down, could there be another office
building under the waiver use provision? Nagy. The waiveruse
would be conditioned on the attorney's own plan to use the house in
its present condition. ff that happened, they would have to come
back to the City Council for amending. Waiver use runs with the
land, not with the applicant, it remains with the property. ff the
structure were destroyed, we would not allow the construction of an
office building on the property. The RUF zoning remains. Special
waiveruse: Since the residential zoning remains, they would have to
build residential -type construction. This isjusl part ofwhal went on
althe meeting. This is why dwas kept RUF. This also affects
Farmington Hills. Farmington Hills has properly on Eight Mile Road
that is vacant. Theyjust turned down the properly as being any type
of commercial or office use. They want to keep it residential. The
people there have not been notified officially of Mr. Bak wanting to
make this an office. I doubt very much that they are going to go
along with it. They want to keep everything residential in the area as
most of the residents do. This property is in a residential area,
whether it's on the Farmington side or on the Livonia side. Having an
office building there is going to not just look funny, but we have no
idea what's going to happen four years down the road with Mr. Bak.
19112
We've already had the attorneys in there. It was burned down. Then
we had a veterinarian in there. Then we had the dog groomer. Now
we have a photographer. And this is in RUF. Now if this goes to
office and he decides to sell, we could have anything put in there.
So, my husband and I would appreciate that you understand the
residents' point of view and not let this go to office. Thankyou.
Shawn Janik, 20535 Meadow View. I live right next door to the property we're
talking about. I'm kind of nervous so excuse me. I've lived in that
home for almost three years. Prior to purchasing the home, we had
inquired about that particular property and what's going to happen
with that. At that time, we were assured that there would be nothing
else. Once the groomers were gone, there would be nothing else in
there because of the way its zoned, unless of course they went to
the variance or what we're doing this evening. Because the
groomers were already there, I can live with that because I knew
what I was getting into. Shortly after moving into the home, now we
have a photographic studio there. It affects me a great deal. There's
really no way of knowing exactly what's going to happen. I don't
know if there's going to be a hundred people in that back yard when I
want to cul my grass. I cant cul my grass because I might disturb
them or my dogs are barking if they've got family groups taking
photographs around the pond that he wants to bui Id, as well as the
parking. I'm going to have cars parked on the street to where it
makes it difficult for me to get in and out of my driveway. I moved
from a neighborhood because I didn't want that. At any given time
when you go into that building, there is a minimum of eight cars
inside that parking lot. This evening when I left at 7:01, there were
eight cars and two cars pulling in at the same time. In the past, I've
had run-ins with his customers actually being parked in my driveway
and had profanity used against me. When you talked about
employees, there's going to be a number of cars inside that parking
lot. It's going to look like a parking lot. It's not going to look like a
residential neighborhood. As far as all the improvements that he's
done, well that's pretty much normal things of maintenance, you
know. Painting the building is basically maintenance. I'm sure that
anybody in the neighborhood would love to see other homes, as well
as mine, painted. That's something that'sjust normal things. He's
put a great deal of money into it; that's great. But for what he wants
to use it for, my wife and 1, we don't wart to have a commercial
building next door to us. When he originally got his variance or his
waiver in October, how come nobody was notified then that he plans
on doing this?
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Mr. McCann: You misunderstood, sir. He never got a variance. He applied for it
Mr. McCann: Do you have any last comments, Mr. Bak, before we close the public
hearing?
Mr. La Pine: First I'd like to ask Mark a couple questions. Mark, let's assume this
was rezoned OS. Five years down the line, somebody comes along
We said we couldn't do it. It was called a waiver use. Itwas
adjourned untl tonight.
Mr. Janik:
Right but this was supposedly in October of 2000 that he ...
Mr. McCann:
There was no waiver use applied for or received.
Mr. Janik:
Okay, maybe I'm misunderstanding his letter that he had written to
us.
Mr. McCann:
Whatever his letter says, I'm saying the waiver use was applied for
this last fall. We did not act on it because it's improper zoning. He
decided he wanted to try and get the zoning changed. That's what
we're here for tonight.
Mr. Janik:
Okay. Basically, like I said, we did a lot of research before we
purchased this home, and I would not have purchased the home
knowing that this was going to happen. My wife was in contact with
Mr. Nowak a number of times on different properties in Livonia that
we were interested in, but we had concerns with what's going to
happen with the property that is for sale. We were under the
impression that it would stay a residential area. That's the way we'd
like to keep it. Again, it does affect me more than anybody else in
the neighborhood because of the fact that I have all their traffic.
What's going to happen in the backyard down the road? Will my
privacy be affected. I moved into this home because of the yard.
And if my privacy is going to be affected because he's having 50, 20
people, whatever, in the backyard ... I bought it as a home to where
I can relax and have my family enjoy the backyard. I think if this
happens, that isn't going to happen for us.
Harry Piotrowski, 20559 Hickory Lane. I'm opposed to it simply because it's a
business. If you're anywhere in our neighborhood, we're very close
to the expressway. Traffic is tremendous in our sub because of the
expressway. They use is as a turnaround. I have a neighbor that
has two big flower pots in his driveway to prevent that. We still gel
more traffic than most subs in Livonia. So any business adjacent to
our subdivision is just going to add more traffic. So I am definitely
opposed to it.
Mr. McCann: Do you have any last comments, Mr. Bak, before we close the public
hearing?
Mr. La Pine: First I'd like to ask Mark a couple questions. Mark, let's assume this
was rezoned OS. Five years down the line, somebody comes along
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and offers him a big sum of money for that property. Could they
come in and tear that building down and build a brick commend at
structure there? Right now, it looks like a home bulwe know it's a
business. In the future, if somebody bought it with the OS zoning,
could it be demolished and an OS classification be built there?
Mr. Taormina:
Yes, certainly. The only limitation that might apply, and I'm not sure
what exactly those restrictions would be or what hurdles would have
to be overcome, is the historic designation of the structure or the
main residence. But under a situation where let's say fire damaged
the structure more than 50%, then certainly reconstruction on the site
could be done in compliance with our OS, Office Services, district
regulations.
Mr. LaPine:
Mr. Bak, you're not going to have any weddings per se in the
backyard?
Mr. Bak:
No, sir.
Mr. LaPine:
So if somebody wanted to gel married in the back because they liked
the atmosphere, that's not going to happen?
Mr. Bak:
No, sir, not at all. That was in the letter that the gentleman up here
sent to me. I wrote him back letting him know I'm not sure where the
rumor came from but it is a rumor. I have no intention at all of doing
that. Also, just for the rest of the gentlemen that may not be familiar,
my driveway is the very first one as you tum off of Eight Mile, so I
don't think there would be an increase of traffic going through the
subdivision. I am the very first one as soon as you turn off of Eight
Mile. My driveway is 10 yards on the hill and you tum right onto my
property. Also, talking with this gentleman here ... I was talking with
his wife after the last meeting. One of the things we talked about
outside afterwards, they suggested maybe just putting a small lawn
sign up orjust a little "Bak' with an arrow, which I did order. Its just
not in yet. That would be for anybody that might drive past my
driveway and drive over to his, just to let them know to come in this
driveway.
Mr. LaPine:
I have just one other question I want to ask somebody in the
neighborhood. When the veterinary hospital was there, how did that
operate? Did you have any problem with that being there? Is this a
worse situation than a veterinary hospital or is this a better situation?
I don't care who answers. I'm just curious.
Mr. Janik:
It's getting progressively worse.
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Mr. La Pine: Okay.
Mr. McCann: We've got a problem. We've already closed the public hearing. If
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.
Mr. McCann: Is there any discussion?
Mr. Piercecchr I'm going to support the denying resolution because there is no
question that OS zoning would permit too much activity on this site
there is no objection, we can reopen it.
Mr. Pastor:
I have no objection.
Mr. McCann:
Anything else, Mr. Bak?
Mr. Bak:
No.
Mr. McCann:
A motion is in order.
On a motion by Mr. Shane, seconded by Mr. Alanskas, and unanimously approved,
it was
#01-11-2002
RESOLVED, that pursuant to a Public Hearing having been held by
the City Planning Commission on January 29, 2002, on Petition
2001-12-01-13, submitted by Mark Bak, requesting to rezone
property located on the south side of Eight Mile Road between
Meadow View Lane and Hickory Lane in the Northwest''/.of Section
6 from RUF to OS, the Planning Commission does hereby
recommend to the City Council that Petition 2001-12-01-13 be denied
for the following reasons:
1. That the proposed change of zoning would constitute spot
zoning;
2. That the proposed change of zoning will be incompatible to and
not in harmony with the surrounding zoning in the area;
3. That the proposed change of zoning will encourage future
requests for similar zoning changes along the south side of
Eight Mile Road in this area; and
4. That the proposed change of zoning is contrary to the Future
Land Use Plan which recommends retention of low density
residential use for the area.
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.
Mr. McCann: Is there any discussion?
Mr. Piercecchr I'm going to support the denying resolution because there is no
question that OS zoning would permit too much activity on this site
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and that the proposed change of zoning is contrary to our Future
Land Use Plan. As was pointed out here, Mr. Chairman, once its
zoned OS, it could be torn down and another structure could be put
there which would comply with our ordinance. So it's very dangerous
for that particular subdivision to have that corner to be zoned OS, in
my opinion.
Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution
adopted. It will go on to City Council with an denying resolution. We
do have Item #9 on our agenda tonight for the waiver use for Mr.
Bak. We are in the same position we would have been in November.
Based on our recommendation to Council, we would not be able to
approve a waiver use for this situation. Mr. Taormina, I want to look
to you for direction because I do not want the people in the audience
waiting around until 9:00. Can we take it out order? Are we going to
table it because the zoning issue is still a problem?
Mr. Taormina: Yes, I believe you can take it out of order. You can move that item
ahead on the agenda. The staff would recommend this evening that
you take action on this item in the forth of a denying resolution. That
would constitute the final action unless the petitioner decides to
appeal it to City Council.
Mr. McCann: If there is no objection from the Planning Commissioners, would the
Secretary take Agenda Item #9, under Pending Items, and call it
please?
ITEM #2 PETITION 200140-02 22 MARK BAK
Mr. Pieroecohi, Secretary, announced the next item on the agenda is Petition 2001-
10-02-22 submitted by Mark Bak requesting waiver use approval to
operate a photographic studio on property located on the south side
of Eight Mile Road between Meadow View Lane and Hickory Lane in
the Northwest % of Section 6.
Mr. McCann: This is a pending item. There is no audience discussion because the
Planning Commission has reviewed it at length in prior meetings.
Therefore, a motion is in order.
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On a motion by Mr. La Pine, seconded by Mr. Pastor, and unanimously approved,
was
#01-12-2002 RESOLVED, that the City Planning Commission does hereby
recommend that Petition 2001-10-02-22, submitted by Bak &
Associates, Inc., requesting waiver use approval to operate a
photographic studio on property located on the south side of Eight
Mile Road between Meadow View Lane and Hickory Lane in the
Northwest %of Section 6, be removed from the table
Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution
adopted.
On a motion by Mr. LaPine, seconded by Mr. Pastor, and unanimously approved,
was
#01-13-2002 RESOLVED, that pursuant to a Public Hearing having been held by
the City Planning Commission on January 29, 2001, on Pefilion
2001-10-02-22, submitted by Bak & Associates, Inc., requesting
waiver use approval to operate a photographic studio on property
located on the south side of Eight Mile Road between Meadow View
Lane and Hickory Lane in the Northwest%of Section 6, the Planning
Commission does hereby recommend to the City Council that
Petition 2001-10-02-22 be denied for the following reasons:
1. That the petitioner has failed to affirmatively show that the
proposed use is in compliance with all the general waiver use
standards and requirements as set forth in Section 19.06 ofthe
Zoning Ordinance #543;
2. That the petitioner has not submitted an adequate site plan in
compliance with the requirements prescribed in Section
2.10(18) of the Zoning Ordinance #543;
3. That the petitioner has failed to affirmatively show that the site
has the capacity to accommodate the proposed use; and
4. That the petitioner has failed to provide sufficient information to
determine if the proposed use will be compatible to and in
harmony with the surrounding single family residential uses in
the area.
FURTHER RESOLVED, that notice ofthe above hearing was given
in accordance with the provisions of Section 19.05 of Zoning
Ordinance #543, as amended.
Mr. McCann, Chairman, declared the motion carried and the foregoing resolution is
adopted. The petitioner has ten days to appeal the decision to the
City Council in writing.
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ITEM #3 PETITION 200142-0144 ODYSSEY INVESTMENTS
(Brentwood Avenue)
Mr. Piercecchi, Secretary, announced the next item on the agenda is Petifion 2001-
12-01-14 submitted by William Skubik, on behalf of Odyssey
Investments, requesfing to rezone property located on the west side
of Brentwood Avenue between Seven Mile Road and Clarita Avenue
in the Northwest%of Section 12 from OS to R-1.
Mr. McCann: The item does not meetthe compliance with the City statute requiring
that the property be posted for a zoning change. Therefore, the
Planning Commission cannot act on this unfil it is properly posted.
The hearing will be rescheduled for February 26, 2002.
ITEM #4 PETITION 2001-12-01-15 ODYSSEY INVESTMENTS
(Seven Mile Road)
Mr. Pieroecchi, Secretary, announced the next item on the agenda is Petition 2001-
12-01-15 submitted by William Skubik, on behalf of Odyssey
Investments, requesting to rezone property located on the south side
of Seven Mile Road between Brentwood and Maplewood Avenues in
the Northwest''/. of Section 12 from OS to R-1.
Mr. McCann: The item does not meet the compliance with the City statute requiring
that the property be posted for a zoning change. Therefore, the
Planning Commission cannot act on this until it is properly posted.
The hearing will be rescheduled for February 26, 2002.
ITEM #5 PETITION 200141-02-26 BOULDER PINES
Mr. Pieroecchi, Secretary, announced the next item on the agenda is Petition 2001-
11-02-26 submitted by Michael Soave requesting waiver use
approval to develop single family cluster homes at 32405 Seven Mile
Road, south of Seven Mile Road, east of Brookfield, in the Northwest
%of Section 10.
Mr. Taormina presented a map showing the property under petition plus the existing
zoning ofthe surrounding area.
Mr. Nowak: There are four items of correspondence. The first item is from the
Engineering Division, dated November 30, 2001, which reads as
follows: "Pursuant to yourrequest, the Engineering Division has
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reviewed the above -referenced petition. The Engineering Division
has no objections to the legal description contained therein. We
have no objection to the layout of the development, but have
concems overthe lack of a storm sewer outlet shown on the plans.
Once detailed engineering plans have been received by this office,
we will be able to determine ifpermits can be issued." The letter is
signed by David Lear, P. E., Civil Engineer. The second letter is from
the Livonia Fire & Rescue Division, dated December 26, 2001, which
reads as follaws: 'This office has reviewed the site plan submitted in
connection with a request to develop a single-family cluster on
property located on the south side of Seven Mile Road between
Mayfield Avenue and Canterbury Drive in the Northwest''/. of Section
10. We have no objections to this proposal with the following
stipulations: (1) Fire hydrant shall be provided with residential use
groups. (2) The most remote hydrant shall Flow 1500 GPM with a 20
PSI residual pressure. (3) Minimum diameterofcul-desac shall be
atleast80feet (4) Any curves or comers shall accommodate
emergency vehicles with a turning radius of 45' wall-to-wall." The
letter is signed by James E. Corcoran, Fire Marshal. The third letter
is from the Division of Police, dated January 8, 2002, which reads as
follows: We have reviewed the proposed site plans and have the
following recommendations: (1) Installation of deceleration lane for
traffic turning into the development from eastbound Seven Mile Road.
(2) There is no indication on the site plan as to streetlighting. Seven
Mile Road is a four4ane road with minimal lighting between Merriman
and Farmington Roads. We recommend installation of a streetlight
for the intersection of the private road and Seven Mile Road. (3) A
stop sign just north of the sidewalk is required forvehicles exiting the
proposed development. (4) The proposed berm should be
constructed so it will not interfere with exiting motorists' line of sight
along either direction of the sidewalk as they approach the
intersection." The letter is signed by Wesley McKee, Sergeant,
Tra fic Bureau. The fourth letter is from the Inspection Department,
dated January 10, 2002, which reads as follows: "Pursuant to your
request of November 27, 2001, the above -referenced petition has
been reviewed. The following is noted. (1) This petition will need a
variance from the Zoning Board of Appeals for the deficient setback
from Seven Mile Road. 75 feet is required, 38 feet provided, deficient
37 feet. (2) The required plan was not provided showing the location,
type and size of all existing trees having at least a three inch caliper
and designating those not in the roadway or building envelope for
non -removal. (3) Itis not apparent as to what section of 20.02A this
request forsingle family clustering complies with so as to be allowed
to proceed under that section. The documentation should be
provided to the commission as to their -hardship that complies with at
least one section of (a) through (e). This Department has no further
19120
objection to this petition." The letter is signed by Alex Bishop,
Assistant Director of Inspection. That is the extent of the
correspondence.
Mr. McCann:
We did receive a letter from Suzanne McInerney, dated January 29,
2002, that was provided to our Planning Commissioners. This will be
part of the record. Itis received and filed. Is the petitioner here this
evening?
Paul Maceri, 39500 Orchard Hill Place. This is a rendering of the entrance to
Boulder Pines Subdivision along Seven Mile Road. We have spoken
with many of the Council members regarding the landscaping and
other issues on this site plan, underground retention and a few other
items. We've talked to them and we've tried to revise this site plan
on several different occasions with Council. We tried to take
everything ....
Mr. McCann:
There are several members of Council you spoke to regarding this?
Mr. Maceri:
Regarding the site plan, right, especially regarding the landscaping
and other issues. So we've adjusted this site plan several times to
hopefully accommodate some of the concems that the members of
Council have had. And this is what we have currently.
Mr. McCann:
When were these conversations going on?
Mr. Maceri:
I think over the last three weeks or even longer than that.
Mr. McCann:
Do you want to give us the name of the Councilperson you spoke lo?
Mr. Maceri:
There were several revisions tothe site plan.
Mr. McCann:
Do you want to give us the names of the Council people you've been
speaking lo?
Mr. Maceri:
Basically, what Mike had told me ... I did not individually speak with
them. Mike has spoken with each of the council members and we
revised the plan accordingly.
Mr. McCann:
So you don't know if any of the council members were spoken to.
Mr. Maceri:
I did not speak to them myself, sir. All I'm telling you ... is
recounting what Michael told me.
Mr. McCann:
Is Michael here this evening with you?
19121
Mr. Macen: No, unfortunately he had something come up at the last second and
he couldn't be here. So really this is a last minute thing for me. Sol
tried to get up to speed as much as I could, as quick as I could, so I
could hopefully answer some of your questions here tonight.
Mr. McCann:
All right. I'm looking at your drawing but it's just entrance markers
and beautiful trees. Are you going to leave the park -like setting?
Mr. Maceri:
I'm Sony?
Mr. McCann:
You're providing us an entrance to a park. I don't see any homes.
Mr. Maceri:
Well, I have a layout at the lots also.
Mr. McCann:
I believe the petition before us tonight is approval of a duster project,
not entrance markers.
Mr. Maceri:
This is a layout ofthe lots thatwe have. I've listened to some of the
comments as we've gone along and I guess one of the things that
I've heard here is the setback from Seven Mile Road. There are a
couple other subs ... actually I brought a copy of one that was
approved with a smaller... same type of development, a cluster
development like this in R-3 zoning. And they had, as I recall, I think
it was 30'setback and this was also off of Seven Mile Road. I'm
sorry, 34'setback. This is a subdivision called Shays Estates along
Seven Mile that has been approved for the same zoning in R-3
cluster zoning. So we felt that we were in conformance with all the
side yard and the setback requirements. There's 20', 10' on each
side in between. There's a 30' setback from the front; 30' setback
from the back. And we do have 38' from the right-of-way.
Mr. McCann:
Are there any questions from the Commissioners?
Mr. Piercecchi:
The side setback is 30' on these, isn't it? It has to be an additional
30' from the major thoroughfare? I thought the sideyard was
different.
Mr. Maceri:
I was just trying to address that one point about the setback from
Seven Mile Road.
Mr. Piercecchr
As the Chairman pointed out, your drawing doesn't show any houses.
It looks like they're a mile back. Where are the houses going to in
that design? Can you get back to your pretty picture there? Where
are the houses going to be?
19122
Mr. Maceri: I guess we have to look at these two together to get a good idea of
that. This is just a rendering of the entrance and some of the
landscape we had in mind for the entrance. As far as a rendering
showing both the entrance and the lots, I don't have that with me
today. I didn't realize that would be required.
Mr. Piercecchr
That doesn't really tell us anything, sir. Its a pretty drawing but itjust
shows the front markers.
Mr. Maceri:
I understand. You're wanting to see also haw the homes sit on the
lot.
Mr. Piercecchi:
If you're going to show us a layout, yes. Its a nice picture though,
but it really doesn't show us what we want to see.
Mr. Pastor:
I can possibly help with explaining the situation since I was on
Council when this petition came in. As one Council member, some of
the concerns that I had on this project was there were loo many
homes on such a small lot. It was brought to our attention that he
conformed to everything in the R-3 zoning, and that was one of my
requirements for my approval. The other requirement for my
approval was to have a rendering of the front entrance and the
landscaping and all that. So that's where you're getting this from,
which is very nicely done. But going back to the petition at hand, with
the information I know now, I may not have approved it back then.
And I'm here to say, I made a mistake for the reason being that this
isn't a landlocked piece of property. There is other property that he
could possibly get. The way the site is on the board is not what we
have here and I know that it's probably not your issue there, but I
think we have too many concems: one, being the 75 fool setback;
and two, the turning radius of the fire department. I think that's going
beat away especially with the retention. The other thing that we
don't know is the retention underneath ... I believe underneath is
what you're doing, not a retention pond. And I believe its going off
into the river or there's a creek over there. I think its where he's
going to be tying into. But those are some of the details that might
also help out in the situation. But again, a lot of these things, when I
talked to Mr. Soave when I was on Council, they were supposed to
conform to the R-3lotswithout it actually being R-3 ... you know
without the roadway.
Mr. Maceri:
Actually on both those points, Mr. Pastor, both on the turn around
and on the setback from Seven Mile Road, I actually have a plan with
me if you'd like to see it.
19123
Mr. Pastor: I understand that. But again just because we might have made a
mistake before doesn't mean we should continue to make mistakes.
I believe that fire protection is very, very important especially for
when you're done building. And don't get me wrong. Mr. Soave
builds a great subdivision. He's very reputable in the City of Livonia.
But on the same token, I think we really need to make sure that this
is done right if it can even be done a1 all. Again, I think it's loo much
with setbacks, turning radius, and then some other considerations
that these great Planning Commissioners bring to the attention of the
council members. Such as when somebody has a party and all that
stuff, and you only have a 26' wide road, it just really gets very
cramped in there. Those are the issues I have with this pefifion. I
wish Mr. Soave were here as I know you don't have the authority to
actually address these things.
Mr. Maceri: I'm kind of in a difficult position because itwas such a quick ...
seeing that I was asked to step in and we wanted to try to provide as
much information as we could. But on those issues, if I'm
understanding you correctly regarding the turnaround and again the
entry off of Seven Mile, I was just looking at some other projects and
wasn't referencing if they were a mistake or not. I dont know. I
guess that's up to you guys to make that determination but there is
precedent as far as the setbacks and that. I understand the
difference in the statute that was read, but I also see that there's
precedent that that's not 100% always the case. So, I guess what
I've tried to say, and people who know Mike or the Soave family,
they've always tried to address any objections that the Commission
and the Council have had. Like I say, when we put this together, we
were actually entitled to more lots than we ended up with. We put in
the underground retention; we modified the landscape plan. So
we've done a number of things, and we're willing to do other things if
thatwould help. But when you're dealing with that piece of property,
there's only so much you can do and work with and still have an
economically viable project. So I guess we're hoping to find a middle
ground in here that we can ...
Mr. Pastor: A couple things. You're really not entified to anything unless we
approve something so that it actually fits. Again, with all the
variances and all that stuff that we're willing to do, which I think that
the Council had already done, now because there is precedent set
somewhere else, doesn't mean that it should continue on whether it's
a mistake or whatever. I'm not trying to put it in a negative tone. But
the other portion of this petition, from my understanding, there is
other land available that he could possibly purchase to make this a
right type of development.
19124
Mr. Maceri: There is adjacent property. But understand, Mr. Pastor and
everybody else, we've been after that property for a while. I've been
working with the Soave family for about two years and not just on this
project, but what sounds so great in theory sometimes is much
harder in practice to make. We've made reasonable offers to
property owners on both sides and it's up to them at that point. So
we have tried, I guess would be a short answer to your question.
Mr. Pastor:
I appreciate that and I know that sometimes it is just a matter of time
and all that sluff. I mean they're also recommending a decel lane so
that's what I'm also looking for ...especially the setback, meeting
that. Why dont other subdivisions have a decel lane that they re
looking for. The retention area ... it may grow bigger.
Mr. Maceri:
Help me with that term, I'm sorry ... decel lane?
Mr. Pastor:
Was it a decel lane that they asked for?
Mr. McCann:
Deceleration.
Mr. Pastor:
Deceleration lane. That means when somebody comes up to your
property to tum in, that there's actually a lane they tum into so they're
off of Seven Mile.
Mr. Maceri:
Isee.
Mr. Pastor:
So whalthat does, it cuts into going that close to the sidewalk. So
therefore, it's going to look like that house is right on lop of the road
even more than what the 35' is. I haven't seen the other plan, but it
just brings it that much closer to the road. The retention ....
possibly could because I know Wayne County came up with some
new standards since this was approved, from my understanding, that
may make the requirements a little bit larger, so you may lose some
area there as well. I don't know if he's checked into that. Those are
the concems that I have as one Planning Commissioner.
Mr. Shane:
I wondered if Mr. Soave has ever considered a conventional single
family subdivision on this site as opposed to duster houses.
Mr. Maceri:
We considered a lot of different alternatives for this, I guess. And
you always brainstorm when you get a piece of property and toss
around how many different ways you can work the land and make it
make sense both from an economic standpoint and for the
requirements of the City and the Planning Commission and the
Council. So there is always I guess a tradeoff between those
elements, and you try to find the best of both words when you put a
19125
project together. So again, yes, we have considered that and I don't
know what else to say regarding that other than this is the plan we've
come upwith now. I thought we had gotten pretty much an
understanding regarding the site plan. Now some of the issues that
have been brought up today, Mike and I just talked about a couple
hours ago for the first time that I actually had a chance to discuss
those with him. Knowing Mike and knowing the family, I know that
they are willing logo a long way in addressing the concerns, but it
has to make sense economically too. Maybe that's not your highest
priority and I understand that, but those are factors that we have to
take into account in putting together a plan.
Mr. Shane: I wonder if you were aware of the requirements to meet the
conditions under which a planned residential development could be
planned. There are four or five things that have to be met in order to
be considered that, and that's why I asked you if you had considered
a single family subdivision because, in my view, you don't meet the
criteria for a cluster housing project. Andilseemslomethalifyou're
going to be approved, you're going to have to go back to the drawing
board.
Mr. Maceri: Well, like I say, we looked ala couple other subdivisions that had the
same layout. This is obviously a determination that you have to
make. We fell that the two issues that I discussed with Mike a few
hours ago that did come up here ... the setback from Seven Mile
Road and the turnaround at the end ... we did talk about that a little
bit. So those were two of the issues that I understood might come up
tonight. My understanding was that the landscape plan and the
retention ... Mr. Paslorjusl told me they were new requirements
regarding the retention. I dont even know if Mike is aware ofthat to
be honest with you. So the plan we had come up with on the
retention ... we had thought it was exactly according to the way it
should be.
Mr. Shane: The other question I have is, did Mr. Soave consider the fad that this
site, if you didn't know better, looks like its part of the park because
it's a very nicely treed site. And if I look at this site plan, when you
get done with the bulldozer, its going to blast it back to the stone age
because there won't be a tree on the site. That's the other reason
why I'm wondering if he's looked at some other altematives so that
there would be a sensitivity toward keeping as many of those trees
as possible.
Mr. Maceri: Yes, for a couple good reasons. One, not only for the aesthetics, but
it makes good sense economically. If you look atthe subdivision we
just did in Kenwood Meadows, we have a periphery of trees. As long
19126
as the trees aren't in the building envelope or the approach, we'll do
everything we can to save the trees. It makes good sense, not only
to you gentlemen, but it makes good sense economically and to
people when we're out there marketing and selling the homes. Ever
since I've worked with the Soaves, our philosophy has always been
with regard to the trees and that we'll preserve as many of them as
we possibly can for a couple good reasons. So that would be our
plan here also. I mean we're not going to take down anything that
doesn't absolutely have to ... if it's not in the building envelope or in
the approach.
Mr. La Pine: Just one question that Mr. Shane brought up. To qualify for single
family dusted rig, you have to meet certain criteria. Mr. Taormina
mentioned those. What one did your people think was germaine to
this parcel?
Mr. Maceri:
I don't quite understand the question.
Mr. La Pine:
Toqualifyfora single family duslering, you've got to meetcertain
criteria under the ordinance. For instance, "natural assets, such as,
but not limited to, natural stands of larger trees, natural habitat for
wildlife" and things of that nature. What one did your people think
that you qualify under?
Mr. Maceri:
Well, a number of them, I think we qualify for. Like I said, we had
revised our landscape plan several times so that's one. Maybe I'm
not understanding the question.
Mr. La Pine:
I guess you're not understanding the quest on. If your people
discussed this thing and you came up with this plan... Mr. Soave
has done a lot of building in this town. He knows the ordinance
probably as well as anybody on this board. He must have figured he
met one of these criteria. He must have looked it up in the
ordinance.
Mr. Maceri:
We feel we've met all the criteria regarding side yards and setbacks
on the lot space between the homes.
Mr. Piercecchi:
That's not what he's talking about. It has nothing to do with cluster
housing.
Mr. McCann:
Mr. LaPine has handed over the floor to me. There's five sections
within the duster project thatyou must meet in orderto be identified
for a cluster project. The first one is "(a) natural assets, such as, but
notlimited to, natural stands oflargertmes, natural habitat for
wildlife, unusual topographic features, a substantial portion of which
19127
would be preserved through the use of clustering." So what it is like
in Deerwoods on Five Mile, there is a large water basin and that, that
might be more common to (c), but in this section you have beautiful
tree stands right in the center of the street and around, but you are
not trying to preserve a substantial portion of the property for trees.
That's one of the considerations we would use in saying, hey, look,
rather than build a typical R-3 and wipe out a forest, if we moved it to
the front half of the property and do a cluster project, we would be
able to save all these trees. But you're not. You're going right to the
back and pretty much taking out most of the forest. So you don't
believe that would apply to this case, do you?
Mr. Maceri: Well, I mean as far as preserving the trees, if there was a tree we
could replant, would that satisfy the requirement?
Mr. McCann:
No. In order to gel cluster, it's to preserve the natural park area
within an area that's being developed to save natural stands of large
trees or natural habitat for wildlife. The second one, "(b) has a
substantial portion of its perimeter adjacent to major office,
commercial, industrial, institutional or high rise residential
development.... " Basically, you abut a nature preserve and RUF,
so you're not abutting any problem -type zoning next to you. (c)
Contains a Flood plain which results in a substantial portion of the
total land area being unbuildable"such as in Deer Woods where you
want to save the natural environment, the flood plain, the creek and
build around it. "(d) Contains poor soil conditions which result in a
substantial portion of the total area being unbuildable using
conventional construction methods . . . . " This hasn't been done on
this case, has it ... that there's a problem with soil? Sir, Mr. Maceri?
There are no soil conditions that make this unbuildable, are there?
Mr. Maceri:
None that I'm aware of, sir.
Mr. McCann:
So the only one left is (e) Is a small parcel which has frontage on a
major thoroughfare" (which this does)'tvith an existing or planned
right -0f -way width of one hundred twenty (120) feet or more as
indicated on the 'Master Thoroughfare Plan' and contains acute
angles oris of shallow depth as measured from the thoroughfare so
as to make conventional subdivision development physically
impractical." Are you physically able to develop this as an R-3? Can
you put a 60' road and homes into that? Is it possible?
Mr. Maceri:
I would say no because the width of this property is ...
Mr. McCann:
Ifyou built homes on one side ofthe road and put in a cul-de-sac?
Mr. Maceri:
I guess that would be about the only way you could do it.
19128
Mr. McCann: Okay, then itis buildable. Is that correct?
Mr. Maceri: It's an R-3 with maybe four or five homes.
Mr. McCann: There are no acute angles on this. Its not an unusual shape. So is it
buildable as an R-3?
Mr. Maceri:
I guess I couldn't answer that question. I'm really not sure. I think so
but I'm not sure.
Mr. McCann:
We've gone through the five requirements that are required in order
to build a cluster project and you basicallytold us you dont believe it
fits any of them. If it doesn't fit any of them, you have no right to
come before us and ask for duster. That's why I went through the
five conditions. You were provided with them. You're the petitioner
coming before us. The burden is on you to show us that this does
meet the cluster project. If you can't do that, how can we approve it?
Mr. Maceri:
Can I ask a question on point (a) then that might apply? You're
talking about preserving natural assets. Does that preservation
mean that as long as those trees are preserved in some spot on
there, or does it mean in the spot that they stand on?
Mr. McCann:
I'll let the Planning Director, Mr. Taormina, answer that.
Mr. Taormina:
If I understand your question to the Chairman, does it mean
preserving an individual tree or group oftrees? Ithinktheintentof
this section of the ordinance is the preservation of something a little
bit more substantial than just an isolated tree within a yard or
possibly along the rear of the property. Itwould have to be
something that would have to be a little bit larger and contiguous and
would have to serve as some kind of habitat for wildlife or possibly
contain unusual topographic features.
Mr. Maceri:
So then does the term "substantial" mean a number oftrees or I
guess I'm not clear on whether the trees have to stand where they're
at or if a number of trees to meet "substantial" have to be moved.
Mr. McCann:
I think I can answer the question. It's saying, would you be able to
preserve a substantial portion of the forested area or wildlife area by
changing it from R-3 to cluster. And what that generally means is
that if you can put ten homes under the R-3 in an area but by putting
the ten homes in a duster project, you are going to save five or two
acres of a wildlife area, it may be more appropriate to go to a
clustering. It doesn't mean it's a way to get more homes into certain
19129
'
area. It's away of preserving a large portion of the property for
wildlife or for natural stands of larger trees. So what they're saying
is, is it an instance where we're looking at it and we see that its a
beautiful rear portion of the property? Its a very nice natural setting;
it's preserving certain types of wildlife. Would we be better off, rather
than developing the whole property into len homes, put ten homes at
the front of the property as a cluster and save the rear portion as a
natural stand of trees and wildlife area. It isn't what your doing.
Mr. Maceri:
No. Its not what we're proposing.
Mr. McCann:
Right. So that's where I come to the problem. It's incumbent on a
pefilioner to provide to us the reason at a public hearing as to how
you meet the ordinance requesting a waiver use for cluster housing.
Mr. Maceri:
Well, if it's not sufficient to take those trees and preserve them and
move them to some spot, then obviously (b) doesn't apply like we
discussed and neither does (c). And I'm not aware of any soil
conditions. Icould be wrong. We may have soil conditions that may
make a part of that unbuildable.
Mr. McCann:
You would have had to confirm that by flood plain information or by a
report prepared by the Corps of Engineers.
Mr. Alanskas:
Sir, when you said a couple hours ago you talked to Soave about the
setback, what did you come about with your discussion with Mike?
Mr. Macen:
We looked at a couple other projects.
Mr. Alanskas:
Forget the other projects. We're saying it has to be 75 feet; it's only
38 or 34 feet. How are you going to cored that setback? What did
you and Mike discuss in regard to correcting that?
Mr. Maceri:
I guess we discussed just basically that there was precedent involved
for this.
Mr. Alanskas:
There's just no way to correct it to make it 75 feet.
Mr. Maceri:
I didn'lgo into that detail with him. We had a limited conversation, so
I didn't go into what happens if we dont gel this and what do we do
al that point. I guess it was just, I'll talk to Mike tomorrow about it
depending on the results of this meeting tonight.
Mr.Alanskas:
Thankyou.
19130
Mr. McCann: Are there any more questions? Is there anybody in the audience that
wishes to speak for or against this petition?
Pat Murphy, 17530 Fairfield. My home backs up to Rotary Park. It's a bit south of
this project. Our zoning is Rural Urban Farm, half acre lot size
minimums. I know that the pefitioner here was able to get this
property rezoned R-3, which was Rural Urban Farm before, and the
adjoining properties are Rural Urban Farm that back up the nature
preserve. There are plenty ofwoods there and big trees, butthere's
a lot of other properties loo that are backing up to this nature
preserve that could create a domino effect ifsomelhing like this is
approved. I'm not happy that the property got rezoned R-3 in the first
place which happened last year on this particular parcel. I'm less
happy with the idea that the petitioner is actually trying to bend the
rules and tightened up even more to put this kind of project in. I'm
very opposed to this site plan. I would think the developer could
comply with the R-3 zoning without having additional variances from
that. I am opposed to this project.
Mr. Pastor: Real quick because I was on Council ... to the petitioners defense:
when he came before Council, it was R-3 clusters. So what he was
actually doing, what the Council did approve, was exactly what he
has before us. So he wasn't trying to take advantage of anything
other than what we had already approved and discussed with him.
Just in that light, I think the petitioner has done a lot in the City of
Livonia and usually tries to conform.
Jim Scoft, 17230 Fairfield. I am also south of this project we're talking about. I just
became aware of this going through Rotary Park. My concem is the
sanitary sewer that apparently was proposed that goes from Seven
Mile to Six Mile. It is my understanding is it will go rightthrough
Rotary Park.
Mr. McCann: I dont believe so. Mr. Taormina, is that park off of Clarita? Doesn't it
tie in at Clarita and go around ordoes it go from the easement
through the Nature Preserve? Wasntlhal only from like Clarita and
Mayfield up lolhis and around in back?
Mr. Taormina: That's correct. The easement that was approved does just that: it
extends from the east end of Clarita Avenue and runs due north
immediately east of the vacated portion of Brookfield Avenue, until it
gets to the northern limit of the Rotary Park Nature Preserve and
then extends easterly for a distance I believe to the eastern limit of
this property. I'm going to guess it's about 800' to 850' in length and
it's only from Clarita north and east of this site.
19131
Mr. Scott Why wouldn't the sanitary sewer...
Mr. McCann: I don't know if you were here before the meeting. The City Council is
going to readdress the issue ofthe sanitary sewer easement on
February 4. That is not before us tonight. The only thing before us is
the duster housing. We really don't have anything to do with the
sanitary sewers.
Mr. Scott: Okay. Well, I'm just opposed to the natural setting that we have back
there to take that away to put that many homes back in that small of
an area.
Bob Stockton, 17330 Fairfield. I've been there since 1975. You'll find most of the
people in that area like that setting, like the park -like environment
around there. To put eleven homes in that condensed area is just
not in keeping with the neighborhood. I had no idea that itwas not in
keeping with all the requirements that you guys have. I think it's
wonderful to have that setback cut in half even without a deceleration
lane. Traffic along Seven Mile without the shoulder there is bad
enough as it sits. To do that would be very bad as far as I'm
concerned, let alone the sewer. Thank you.
At lafrate, 17320 Fairfield. I'm opposed to the proposed duster home subdivision for
a lot of the same reasons the rest of my neighbors are. That drawing
doesn't represent anything about what that looks like. I walk my dog
through there everyday. There's no way you're going to put homes in
there and it will look anything like any home in that area. That's one
of the last areas in Livonia where there are any trees. I mean they're
ripping down houses and building four homes on a lot that used to be
one house. I thank you for your time and I'm opposed.
Lawrence Butler, 18858 Mayfield. I am adjacent to Rotary Park and kitty comer to
this proposal. I would like to speak against the waiver. There are
many houses that have been built in that area overtime. I've been
there since 1968. We have seen compliance to setback rules or
we've seen compliance to minimum lot sizes. And frankly, the area
doesn't lend itself to cluster homes. The petition doesn't address any
of those issues that are pointed out by Mr. McCann and the rest of
the Planning Commission. I think without that compliance and a
reasonable plan where there is sufficient land usage for these
homes, the waiver should not be granted.
Mark Bdchford, 32285 Seven Mile Road. I've been here for all the meetings
regarding this issue, and I'm very opposed to the proposal here. It
will back up the congestion and the amount of traffic on Seven Mile
and speeds. There are a tremendous amount of accidents in front of
19132
my home. There was even a person who was struck and killed early
in December right out in front of our house. A deceleration lane, I'm
certain, would be a good thing if they were going to put the homes in
there but l dont want to see them. Thank you.
Lawrence Sekulich, 16616 Mayfield. I also am opposed to the plan. I believe that
1. That the petitioner has failed to affnnatvely shoe that the
proposed use is in compliance with all the special and general
waiver use standards and requirements as set forth in Sections
20.02A and 19.06 of the Zoning Ordinance #543;
2. That the petitioner has failed to provide documentation
substantiating that the land area to be developed contains one
or more of the characteristics listed in Section 20.02A(a) through
(e) as required in order to qualify for single family clustering;
3. That the proposed use fails to comply with the Zoning Ordinance
standards set forth in Section 20.02A(2)(b) with respect to the
setback requirement that all buildings shall beset back at least
seventy-five (75) feet from any major thoroughfare;
putting eleven houses on a site that small is just totally inappropriate.
Thankyou.
Mr. McCann:
I'm going to close the public hearing. Mr. Macer, you have the last
comment before we vote.
Mr. Maceri:
I would like to say that we will take any suggestions the Planning
Commission has and I will discuss them with Mike. I apolog¢e that I
couldn't answer your questions a little bit better this evening. A little
bit more notice would have helped but I guess that's all I have to say.
Mr. McCann:
Thank you. A motion is in order.
On a motion by Mr. Piercecchi, seconded by Mr. Pastor, and unanimously approved,
it was
#01-14-2002
RESOLVED, that pursuant to a Public Hearing having been held by
the City Planning Commission on January 29, 2002, on Petition
2001-11-02-26, submitted by Michael Soave, requesting waiver use
approval to develop single family duster homes (Boulder Pines) at
32405 Seven Mile Road, south of Seven Mile Road, east of
Brookfield, in the Northwest''/.of Section 10, the Planning
Commission does hereby recommend to the City Council that
Petition 2001-11-02-26 be denied for the following reasons:
1. That the petitioner has failed to affnnatvely shoe that the
proposed use is in compliance with all the special and general
waiver use standards and requirements as set forth in Sections
20.02A and 19.06 of the Zoning Ordinance #543;
2. That the petitioner has failed to provide documentation
substantiating that the land area to be developed contains one
or more of the characteristics listed in Section 20.02A(a) through
(e) as required in order to qualify for single family clustering;
3. That the proposed use fails to comply with the Zoning Ordinance
standards set forth in Section 20.02A(2)(b) with respect to the
setback requirement that all buildings shall beset back at least
seventy-five (75) feet from any major thoroughfare;
19133
4. That there is a lack of information in regard to type and size of
units and the amount of brick that will be used on the buildings;
5. That the proposal does not provide the plan required under
Section 20.02A(2)(d) indicating the location, type and size of all
existing trees having at least a three (3) inch caliper and
designating those not in the roadway or building envelope for
non -removal;
6. That the proposal does not provide for a full cul-de-sac with a
minimum diameter of at least 80 feet as recommended by the
Fire Department;
7. That the petitioner has failed to demonstrate a need to employ
single family clustering as opposed to conventional single family
residential subdivision development in order to develop the
subject properly; and
B. That the proposed use is incompatible to and not in harmony
with the surrounding uses in the area.
FURTHER RESOLVED, that notice ofthe above hearing was given
in accordance with the provisions of Section 19.05 of Zoning
Ordinance #543, as amended.
Mr. McCann, Chairman, declared the motion carried and the foregoing resolution is
adopted. The petitioner has ten days to appeal the decision to the
City Council in writing.
ITEM#6 PETITION 200142-0227 PLAYWORLD AMUSEMENTS
Mr. Pieroecchi, Secretary, announced the next item on the agenda is Petition 2001-
12-02-27 by Jeff Williams, on behalf of Playwodd Amusements,
requesting waiver use approval to conduct a carnival sponsored by
the Livonia Rotary Club consisting of amusement rides, games and
food concessions to be held Wednesday, April 24, 2002 through
Sunday, May 5, 2002, inclusive, on property located on the south
side of Plymouth Road between Middlebelt Road and Milburn
Avenue in the Northeast 114 of Section 14.
Mr. Taormina presented a map showing the property under petition plus the existing
zoning of the surrounding area.
Mr. McCann: Is there any correspondence?
19134
Mr. Nowak: There are four items of correspondence. The first item is a letter
from the Engineering Division, dated December 19, 2001, which
reads as follows: "Pursuant to your request, the Engineering Division
has reviewed the above-referencedpetition. The Engineering
Division has no objections to the proposal." The letter is signed by
David Lear, P.E., Civil Engineer. The second letter is from the
Division of Police, dated January 4, 2002, which reads as follows:
Afterrevie lung additional information dated January 2, 2001,
supplied by Playworid Unlimited, we have no objection as proposed
for a Livonia Rotary Club sponsored carnival at Wonderland Mall."
The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The
third Iefler is from the Livonia Fire & Rescue, dated December 2l,
2001, which reads as follows: "This office has reviewed the site plan
submitted in connection with a request to conduct a carnival
sponsored by the Livonia Rotary Club consisting of rides, games and
good concessions from April 24, 2002 through Sunday, May 5, 2002,
on property located on the south side of Plymouth Road between
Middlebelt Road and Milbum Avenue in the Northeast 1/4 of Section
35. We have no objections to this proposal." The letter is signed by
James E. Corcoran, Fire Marshal. The fourth letter is from the
Inspection Department, dated December 18, 2001, which reads as
follows: "Pursuant to yourrequest of December 17, 2001, the above -
referenced petition has been reviewed. We have no objections to
this petition." The letter is signed by Alex Bishop, Assistant Director
of Inspection. That is the extent of the correspondence.
Mr. McCann:
Is the petitioner here this evening?
Jeff Williams, 31250 Cooley, Westland, Michigan.
Mr. McCann:
Is there anything additional you want to tell us about the carnival?
Mr. Williams:
That's about d... the same as the lasllwo years.
Mr. McCann:
Are there any questions from the Commissioners? We've had a
good experience as I recall with the last two years and everything
worked out fine.
Mr. Alanskas:
Just one question. How many bathrooms are you going to have for
the people?
Mr. Williams:
Four. They will be maintained daily.
Mr. Alanskas:
Do you think that's enough? If you have good weather and you gel a
good crowd, isn't four awful small?
19135
Mr. Williams:
It seemed to be enough, but if its a question, we can ...
Mr. Alanskas:
If you need more, would you be putting in more?
Mr. Williams:
Oh, we would.
Mr. Alanskas:
By the demand of the public ...
Mr. Williams:
Just to make it comfortable ...
Mr. Alanskas:
Thankyou.
Mr. McCann:
Is there anybody in the audience that wishes to speak for or against
this petition? Seeing no one, I'm going to dose the public hearing. A
motion is in order.
On a motion by Mr. LaPine, seconded by Mr. Shane, and unanimously approved, it
was
#01-15-2002
RESOLVED, that pursuant to a Public Hearing having been held by
the City Planning Commission on January 29, 2002, on Petition
2001-12-02-27 by Jeff Williams, on behalf of Playworld Amusements,
requesting waiver use approval to conduct a carnival sponsored by
the Livonia Rotary Club consisting of amusement rides, games and
food concessions to be held Wednesday, April 24, 2002 through
Sunday, May 5, 2002, inclusive, on property located on the south
side of Plymouth Road between Middlebelt Road and Milburn
Avenue in the Northeast 114 of Section 14, the Planning Commission
does hereby recommend to the City Council that Petition 2001-12-02-
27 be approved subject to the following conditions:
1. That the carnival shall be limited to the dates as specified by
Playwodd Amusements, which are April 24, 2002 through May
5, 2002, indusive;
2. That the proposed carnival operation shall be confined to the
area as illustrated on the Site Plan submitted with this request;
3. That all rides, food concessions, booths and all other equipment
and apparatus relating to the operation ofthe carnival shall be
located at least 60 feet distant from the Plymouth Road dghtof-
way line;
4. That all trucks and other transportation -related vehicles and
equipment shall be parked or stored within the southwesterly
19136
portion of the Wondedand Mall parking lot, but no closer than
200 feel from the adjacent residential properties to the south;
5. That there shall be no motors running on the stored tracks
during late hours, especially between 11:00 p.m. to 7:00 a.m.,
including motors on any refrigeration trucks;
6. That there shall be no housing trailers or other temporary living
quarters to accommodate carnival employees on the
Wonderland Mall site, except for the Security Trailer (limited to
security personnel only);
7. That the hours of operation of the carnival shall be as stated in a
letter dated January 2, 2002, from Jeff Williams, Routing
Director of Playworld Amusements, which have been approved
by the Police Department; and
B. That unobstructed access to any hydrants within the carnival
area be provided for the Fire Department;
for the following reasons:
1. That the proposed use complies with all of the special and
general waiver use standards and requirements as set forth in
Sections 11.03 and 19.06 of the Zoning Ordinance #543;
2. That the site has the capacity to accommodate the proposed
use;
3. That the use of the subject property for carnival purposes will
not interrupt the normal traffic flow and circulation in the area
and will not impede access to the Livonia Mall; and
4. That no reporting City department objects to the proposed use;
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. McCann, Chairman, dedared the motion is carried and the foregoing resolution
adopted. It will go on to City Council with an approving resolution.
19137
ITEM #7 PETITION 200142-02-28 HAWAIIAN CAFE
Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 2001-
12-02-28 submitted by Sayer Ghosn, on behalf of Hawaiian Cafe,
requesting waiver use approval to operate a limited service
restaurant at 31160 Five Mile Road in the Mem-Five Plaza on the
north side of Five Mile Road between Merriman Road and Bainbridge
Avenue in the Southwest % of Section 14.
Mr. McCann: Is the petitioner here this evening? It's a public hearing. We
advertised it. We need to go forward. We can table it if the petitioner
doesn't appear.
Mr. Taormina presented a map shaving the property under petition plus the existing
zoning of the surrounding area.
Mr. McCann: Is there any correspondence?
Mr. Nowak: There are four items of correspondence. The first item is a letter
from the Engineering Division, dated January 3, 2002, which reads
as follows: "Pursuant to your request, the Engineering Division has
reviewed the above -referenced petition. The Engineering Division
has no objections to the proposal." The letter is signed by David
Lear, P.E., Civil Engineer. The second letter is from the Division of
Police, dated January 8, 2002, which reads as follows: "We have
reviewed the proposed site plans and have no objections or
recommendations to the plans as submitted." The letter is signed by
Wesley McKee, Sergeant, Traffic Bureau. The third letter is from the
Livonia Fire & Rescue, dated January 10, 2002, which reads as
follows: 'This office has reviewed the site plan submitted in
connection with a request to review plans in connection with a
proposal by Sayer Ghosn to operate a restaurant on property located
at the above -referenced address. We have no objections to this
proposal." The letter is signed by James E. Corcoran, Fire Marshal.
The fourth letter is from the Inspection Department, dated January
10, 2002, which reads as follows: "Pursuant to your request of
January 2, 2002, the above -referenced petition has been reviewed.
The following is noted. (1) The plans art= very rudimentary and lack
clarity and detail. (2) Due to its change of use, this site will need to
be barrierJree compliant. As depicted, this petition would not meet
the barrier -free code. These issues maybe addressed at plan
review. (3) Is then= a kitchen? HVAC issues will need to be
addressed. (4) The site lacks barrier -free parking signage and
spaces. (5) The seating has been calculated at 22. This
Department has no further objections to this petition." The letter is
19138
ITEM #8 PETITION 200140-07-02 MASTER THOROUGHFARE PLAN
Mr. Pieroecohi, Secretary, announced the next item on the agenda is Petition 2001-
10-07-02, submitted by the City Planning Commission, pursuantto
Council Resolution 634-01 and Section 23.01(a) of Ordinance #543,
as amended, on the question of whether or not to amend Part I of the
Master Plan of the City of Livonia, The Master Thoroughfare Plan, to
incorporate changes in transportation system road definitions as
recommended by the Department of Public Works and the City
Engineer.
Mr. Taormina: Council Resolution 634-01 requested the Planning Commission to
consider several changes to the City's Master Thoroughfare Plan.
signed by Alex Bishop, Assistant Director of Inspection. That is the
extent of the correspondence.
Mr. McCann:
Is the petitioner here this evening?
Mr. Pastor:
I think normally ifthe petitioner does not come before the body, we
normally either postpone it or table it to the next meeting. I would
request that we do that.
Mr. McCann:
Is that your motion?
Mr. Pastor:
Please. I would imagine February 12 is the next one, right?
Mr. McCann:
That's a regular meeting. I think we can move it to that dale.
On a motion by Mr. Pastor, seconded by Mr. Piercecchi, and unanimously approved,
it was
#01-16-2002
RESOLVED, that pursuant to a Public Hearing having been held by
the City Planning Commission on January 29, 2002, on Petition
2001-12-02-28 submitted by Sayer Ghosn, on behalf of Hawaiian
Cafe, requesting waiver use approval to operate a limited service
restaurant at 31160 Five Mile Road in the Meri-Five Plaza on the
north side of Five Mile Road between Merriman Road and Bainbridge
Avenue in the Southwest %of Section 14, the Planning Commission
does hereby recommend that Petition 2001-12-02-28 be tabled to
February 12, 2002.
Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution
adopted.
ITEM #8 PETITION 200140-07-02 MASTER THOROUGHFARE PLAN
Mr. Pieroecohi, Secretary, announced the next item on the agenda is Petition 2001-
10-07-02, submitted by the City Planning Commission, pursuantto
Council Resolution 634-01 and Section 23.01(a) of Ordinance #543,
as amended, on the question of whether or not to amend Part I of the
Master Plan of the City of Livonia, The Master Thoroughfare Plan, to
incorporate changes in transportation system road definitions as
recommended by the Department of Public Works and the City
Engineer.
Mr. Taormina: Council Resolution 634-01 requested the Planning Commission to
consider several changes to the City's Master Thoroughfare Plan.
19139
This is part of an ongoing effort to provide a city-wide road
maintenance and rehabilitation program. The proposed revisions
would add four new road categories to the current road classification
system including (1) City Major Road, (2) Industnal/Commercial
Roads, (3) Class I Collectors, and (4) Class II Collectors. The City
Major Road category would serve mainly to distinguish the
approximate 14 miles of arterial and collector streets that are owned
and maintained by the City. City Major Roads are designed to
manage heavy volumes of traffic to other areas of the City and/or
communities. They would indude Newburgh Road, SchodcreR Road,
Ann Arbor Trail, and portions of Levan and Stark. Approximately
15.4 miles of roads would be reclassified as Industrial/Commercial.
This category of road is designed to funnel or direct traffic primarily
for a commercial and/or industrial purpose. All of the roads that
would be reclassified are currently designated on the Master
Thoroughfare Plan as either Collector Roads or Local Streets and
include most of the City -owned streets within the industrial corridor
which encompasses Sections 25 through 30 as well as other roads
that carry traffic generated mainly by the abutting commercial
properties including Victor Parkway and portions of Pembroke and
Laurel Park. Collector roads would be split into two (2) categories for
the purpose of differentiating between those roads that function
primarily as a junction between Iocal streets and major roads, which
would be Collector ll, and those that also carry a high volume of
through traffic between major roads, which would be Collectorl.
Altogether, a total of twelve (12) segments of roads would be
reclassified as either Collector I or Collector 11. The Collector II
category would include mostly city -owned streets that are presently
classified on the Master Thoroughfare Plan as collector roads. In
addition, several roads that are presently designated on the Master
Thoroughfare Plan as Local Streets would be added to the list of
Collector 11 Roads, including portions of Brentwood, Pudingbrook,
Osmos, Deering, Gramand and Hathaway. Moreover, several roads
would no longer appear on the Master Thoroughfare Plan as
Collectors and instead would be changed to show as Local Streets.
These include portions of Curtis, Gill, Lathers, Henry Ruff, Hix,
Levan, W. Chicago and Hubbard. The requested changes to the
Master Thoroughfare Plan will primarily reflect the role that each of
the roads currently has within the City's transportation network and
would not necessarily mandate additional widening or nghtof-way
acquisition. In addition, the new road classification system would be
consistent with future changes being considered to the cost
apportionment guidelines the City uses for street reconstruction and
rehabilitation projects. The guidelines would be based on the road
type, with the City contnbufing a greater share for Collector I roads
19140
than for Collection II roads and Local Streets, due to the increased
traffic volumes and through traffic.
Mr. McCann: Mr. Paul St. Henry is here to answer any questions. Are there any
questions from the Commissioners? Is there anybody in the
audience that wishes to speak for or against this petition? A motion
is in order.
On a motion by Mr. Alanskas, seconded by Mr. Pastor, and unanimously approved,
it was
#01-17-2002 RESOLVED, that pursuant to the provisions of Act 285 of the Public
Acts of Michigan, 1931, as amended, the City Planning Commission,
pursuant to Council Resolution 634-01, held a Public Hearing on
January 29, 2002, in connection with Petition 2001-10-07-02, for the
purpose of amending Part I of the Master Plan of the City of Livonia,
The Master Thoroughfare Plan, the same is hereby amended to
incorporate changes in the transportation system as depicted on a
plan entitled "Proposed Revisions to the City of Livonia Thoroughfare
Plan" as prepared by the City of Livonia Planning Department dated
January 16, 2002, for the following reasons:
1) That the proposed amendments will provide a more detailed
road classification system which represents a combination of
both the function as well as the jurisdiction of all public roads;
2) That the proposed amendments are part of an ongoing effort to
provide a city-wide road maintenance and rehabilitation
program; and
3) That the proposed amendments are recommended by the
Department of Public Works and City Engineer.
And having given proper notice of such hearing as required by Act
285 of Public Acts of Michigan 1931, as amended, the City Planning
Commission does hereby adopt said amendment as part of the
Master Thoroughfare Plan of the City of Livonia, which is
incorporated herein by reference, the same having been adopted by
resolution ofthe City Planning Commission, with all amendments
thereto, and further that this amendment shall be fled with the City
Council, City Clerk and the City Planning Commission; and a certified
copyshall also be forwarded tothe Register of Deeds forthe County
of Wayne for recording.
19141
We cerlify that the foregoing resolution was adopted at a meeting of
the City Planning Commission on Tuesday, January 29, 2002, by the
following vole:
AYES:
Alanskas, Pastor, LaPine, Shane, Piercecchi, McCann
NAYS:
None
ABSENT:
None
Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution
adopted. It will go on to City Council with an approving resolution. I
thank Mr. Paul Sl. Henry from the Department of Public Works for
attending the study session and tonight's hearing to assist us in this
matter. This concludes the public hearing items on our agenda. We
will begin with Miscellaneous Site Plans.
ITEM#9 PETITION 2002-01-08-04 CURTIS CREEK CONDOS
Mr. Pieroecohi, Secretary, announced the next item on the agenda is Petition 2002-
01-08-04 submitted by Vincent and Frances DeSanto, on behalf of
Curtis Creek Site Condominiums, requesting approval of the Master
Deed, bylaws and site plan required by Section 18.62 of the Zoning
Ordinance in connection with a proposal to construct site
condominiums on property located a129967 Curtis Road in the
Southeast %of Section 11.
Mr. Miller: This site is located on the south side of Curtis between Middlebelt
and Merriman. The petitioner is requesting approval to develop a site
condominium development called "Curtis Creek Condominiums" on
property adjacent to the Presbyterian Free Church. The submitted
Site Plan shows that the new development would consist of twelve
(12) condominium lots. Each proposed lot would conform to all
requirements of an R-1 zoning district. A 60 R. wide public street
would egress and ingress off Curtis Road, slightly meander to the
east, then curve to the west and end in a cul-de-sac. Lots 1 through
5 would face, and have direct access to, Curtis Road. Lots 7 through
12 would abut part of the designated flood zone of the Tarabusi
Drain. The area within the flood plain cannot be built on but can be
calculated toward the lot size requirements. A storm water retention
easement or basin is shown within Lot 12 of the development. A
copy of the Master Deed and bylaws call out the percentage of brick
for the exterior of each unit. The first floor of each unit would be full -
face, four -inch (4") brick or stone on all four sides. The total amount
of brick or stone on each one-story dwelling would not be less than
80% and 65% on two-story dwellings. Minimum floor area for each
19142
one-story dwelling would be 1,500 sq. ft. and 1,800 sq. ft. for each
two-story dwelling.
Mr. McCann: Mr. Taormina, is there any correspondence?
Mr. Taormina: There are two items of correspondence. The first item is from the
Engineering Division, dated January 18, 2002, which reads as
follows: "Pursuant to your request, the Engineering Division has
reviewed the above -referenced petition. The Engineering Division
has no objections to the legal description contained therein. The
building envelope for Unit #9 of the site condominiums will need to be
modified so that the building is not within the Floodplain. Also, the
Wayne County Storm Water Management Ordinance requires that
both a forebay and retention basin be included in the design. On the
submitted plans, there is no forebay shown. The Engineering
Division has no objections to the proposal, provided they meet all
County and City ordinances and requirements." The letter is signed
by David Lear, P. E., Civil Engineer. The second letter is from the
Inspection Department, dated January 23, 2002, which reads as
follows: "Pursuant to yourrequest ofJanuary 14, 2002, the above -
referenced petition has been reviewed. The following is noted. (1)
The building envelope on Unit 9 encroaches into a Flood zone, which
is not allowed. In addition, Unit 10's building envelope directly abuts
the flood zone. Typically construction encroaches three to five feet
while being built and that would not be allowed in this instance. (2)
Unit 4's building envelope is shown encroaching in the required side
yard setback and must be adjusted. (3) The plan has a comment
under'Setbacks'that the'minimum'lot coverage is 25%, while in fact
25% is the'maximum'lot coverage. (4) The plan provided does not
designate which 3" trees are scheduled for non -removal. (5) The
plan also does not show that permanent survey monuments will be
installed as required per 16.24.030. (6) The irrigation plan for the
island areas are not noted as required (16.24.200) nor are the
required sidewalks (16.24.120) noted. This Department has no
further objection to this petition." The letter is signed by Alex Bishop,
Assistant Director of Inspection. That is the extent of the
correspondence.
Mr. McCann: Is the petitioner here this evening?
Vincent DeSanlo, 25937 W. Eight Mile, Redford, Michigan. I'm here with my wife,
Frances. And I brought along Mr. William Mills, who is part of Jarrett,
Mills, Schron and Associates, Inc., that we hired to do the planning
and site plan. With your approval, I'd like to have him answer any
questions that you may have.
19143
William Mills, Jarrett, Mills & Schron, 33608 Palmer, Westand, Michigan.
Mr. McCann: Are there any quesfions from the Commissioners?
Mr. Pastor: I was going to go over the concerns that Mr. Taormina just stated
beforehand. I dont know if you've had a chance to listen to them
clearly. Basically what we're looking for is clarification.
Mr. Mills:
I think that I've heard most of them. Of course, the building envelope
on Unit#9 will be adjusted so that there is no part of it within the flood
zone. I believe #10 could be removed slightly from the flood zone to
avoid any overlap or any potential overlap onto the flood zone. I did
not catch the note on building envelope #.
Mr. Pastor:
It was a setback requirement.
Mr. Taormina:
That's correct.
Mr. Mills:
That again would be comected if there's an error with that.
Permanent markers, of course, under the condominiums rules —
those would have to beset. That's part of stale law. I'm a PS,
Professional Surveyor, in the Stale of Michigan.
Mr. Pastor:
The retention basin ... have you looked into that as opposed to
what's drawn here?
Mr. Mills:
The retention basin will meet all requirements ofthe Wayne County
ordinance and also the Livonia standards.
Mr. Pastor:
I appreciate that. Have you looked into seeing what's drawn on here
is going to work?
Mr. Mills:
Yes, it is sized properly, and we're looking at a forebay configurafion
within the pond ifthat is acceptable to engineering, and that is
through berming across the throat of that. You mise an earthen berth
that gives you a forebay for your first flush to catch your
contaminants and settle out. And then as the water level builds up in
the basin, it will go over the berth into the second bay which is where
it will perform its actual detention.
Mr. Pastor:
The other one was irrigation into the landscaping islands.
Mr. Mills:
Irrigation will be provided as required, and the three inch trees that
are to be preserved will be identified.
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Mr. Pastor: I think on lop of that my only concern was on the back portion of the
lot. It looks like none of the lots conform and are odd -shaped. twas
my hope that possiblywe could eliminate whether it be 12 or 9 or
whatever it is to kind of reducing it so it's maybe one less on the back
side so that they're all nice lots that are getting doser to the road and
stuff. Because getting into Lot 12 is kind of goofy.
Mr. Mills:
Mr. Taormina and Mr. DeSanto had discussions as recently as today
regarding this item. I believe they are in agreement that we will
eliminate one lot on the south side of the roadway, and this will be
apportioned among all lots to make them each a little larger and a
little more regular in configuration to the roadway.
Mr. LaPine:
Do these have attached garages to them?
Mr. Mills:
Pardon me?
Mr. LaPine:
Do they have attached garages?
Mr. DeSanto:
All of the homes will be two-story colonials. The smallest design we
have, and I apologize, I had some drawings from the architect, and
they will vary from sizes from 2,000 to 2,400 square feel. They will
all have two -car, and wherever possible, if the buyer wants, a third
car can be added. They will all be attached.
Mr. LaPine:
Okay. The other question I have, in most of these situations, its fine
if only two people live in the house. We don't have a problem. All
right. Because you have a 27' pavement road, is that correct?
Mr. DeSanto:
I think it's going to be a little larger. I was discussing this with Mr.
Taormina today. I think it's going to be increased slightly to
accommodate both traffic and the need for a fire engine.
Mr. La Pine:
Well, that was my next question.Idon't think the radius ofthe cd -
de -sac is the right radius. The other question I have, lets assume
that somebody is having a party and they're going to have four or five
people. Is there any place on this plan where there is additional
parking for overflow when somebody has a party or somebody has
relatives over for Christmas dinner or something like that?
Mr. DeSanto:
You mean additional parking?
Mr. LaPine:
Yes.
Mr. DeSanto:
Probably no more than any other neighborhood street. Curfis itself is
parking on both sides. There's no limit to that street. As far as the
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off-street parking in the event of a party, I dont know because its
never been posed. I mean if someone is going to have a graduation
party, I'm hoping in any neighborhood they wouldn't all have them on
the same day. As far as backyard and all that, I think there's more
than enough in the common area.
Mr. La Pine:
I don't agree with you, but that's my personal opinion. Thank you,
Mr. Chairman.
Mr. Piercecchr
I think this item ought to be tabled to give the petitioner a chance to
revise his arrangement, reducing one unit, so they are more
perpendicular to the roadway and the building envelopes are out of
the way of the flood plain. I'd like to offer that motion, Mr. Chairman.
Mr. Pastor:
The radius coming into that ramp... l think we also want him to take
a look at. If you would add that on there.
Mr. Piercecchr
A new arrangement. Revise the arrangement.
Mr. McCann:
Mr. Taormina, you had a comment?
Mr. Taormina:
I mean this for the benefit of Mr. Mills who is doing the design work. I
think he understands based on our discussions as far rearranging the
lots on the south end, but as far as the radius of the road is
concerned, are you asking if it can be pulled a little bit to the north
and the radius made smaller? I'm nolsure.
Mr. Pastor:
Rightwhere that sharp point is, if we can try and reduce that a Title
bit so that it's not as sharp a radius. We had discussed that in the
study meeting.
Mr. Taormina:
Okay, we'll take a look at that showing the radius ...
Mr. Piercecchr
The tabling motion was to table until the petitioner revises his
arrangement possibly and hopefully reducing one of the lots so they
are more perpendicular to the roadway and the building envelopes
are out of the way from the flood plain. And any potential changes to
the roadway that is required to make this a very acceptable plan.
Mr. McCann:
I think one of the other questions was for a 34' roadway. Is that
correct?
Mr. Taormina:
Whatever standards are required for a conventional subdivision.
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On a motion by Mr. Piercecchi, seconded by Mr. Pastor, and unanimously approved,
it was
#01-18-2002 RESOLVED, that the City Planning Commission does hereby
recommend that Petition 2002-01-08-04 submitted by Vincent and
Frances DeSanto, on behalf of Curbs Creek Site Condominiums,
requesting approval of the Master Deed, bylaws and site plan
required by Section 18.62 of the Zoning Ordinance in connection with
a proposal to construct site condominiums on property located at
29967 Curtis Road in the Southeast%of Section 11, be tabled.
Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution
adopted. Mr. Taormina will put you on the agenda when we get
these things worked out.
Mr. La Pine: Atthe next meeting, will you bring in any drawings ofthe units and
what they're going to look like? You made a statement that if
somebody buys a lot and they want a three -car garage instead of a
twocar garage, I'd like to see how that's going to look.
Mr. DeSanto: Whenever its conceivable, sure.
On a motion duly made, seconded and unanimously adopted, the 838" Public
Hearings and Regular Meeting held on January29, 2002 was adjourned a19:25 p.m.
CITY PLANNING COMMISSION
Dan Piercecchi, Secretary
ATTEST:
James C. McCann, Chairman
/mr