HomeMy WebLinkAboutPLANNING MINUTES 2004-07-0621453
MINUTES OF THE 8881h PUBLIC HEARINGS AND REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
On Tuesda�, July 6, 2004, the City Planning Commission of the City of Livonia
held its 888 Public Hearings and Regular Meeting in the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan.
Mr. John Walsh, Chairman, called the meeting to order at 7:30 p.m.
Members present: Robert Alanskas William LaPine R. Lee Morrow
Dan Piercecchi H. G. Shane Carol Smiley
Members absent: None
Messrs. Mark Taormina, Planning Director; Bill Poppenger, Planner I; and Ms.
Marge Roney, Program Supervisor, were also present.
Chairman Walsh informed the audience that if a petition an tonighfs agenda
involves a rezoning request, this Commission makes a recommendation to the
City Council who, in tum, will hold its own public hearing and make the final
determination as to whether a petition is approved or denied. The Planning
Commission holds the only public hearing on a request for preliminary plat and/or
vacating petition. The Commission's recommendation is forwarded to the City
Council for the final determination as to whether a plat is accepted or rejected. If
a petition requesting a waiver of use or site plan approval is denied tonight, the
petitioner has ten days in which to appeal the decision, in writing, to the City
Council. Resolutions adopted by the City Planning Commission become
effective seven (7) days after the dale at adoption. The Planning Commission
and the professional staff have reviewed each of these petitions upon their fling.
The staff has furnished the Commission with both approving and denying
resolutions, which the Commission may or may not use depending on the
outcome of the proceedings tonight.
Before we move on to our agenda, I do want to lake a moment to note that Mr.
Poppenger will retire soon. Bill is celebrating 38 years with the City and we
greatly appreciate all of his efforts and his service to the City.
ITEM #1 PETITION 2004-05-01-06 SCHAFER DEVELOPMENT
Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2004-05-
01-06
0040501-06 submitted by Schafer Development, LLC, on behalf of
Elaine J. Beresh, requesting to rezone property at 29650 Sl.
Martins, located on the north side of St. Martins Avenue
between Middlebell Road and Melvin Avenue in the Southeast
% of Section 2 from RUFA and R-1 to RC.
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Mr. Taormina presented a map showing the property under petition plus the
existing zoning of the surrounding area.
Mr. Walsh: Is there any correspondence?
Mr. Taomina: There are two items of correspondence. The first item is from
the Engineering Division, dated May 26, 2004, which reads as
follows: "Pursuant to your request, the Engineering Division has
reviewed the above -referenced petition. We have no objections
to the proposal at this time. Additional right-of-way is not
required at this time. The legal description of the parcel to be
rezoned has two effom. In line 5 thru is misspelled. In line 15
the distance should be 655.50 not 979.79. If this development
proceeds as a condominium, detention will be required in
accordance with Wayne County's Storm Water Management
Ordinance." The letter is signed by Robert J. Schron, P.E., City
Engineer. The second item is a letter from Donal and Claudia
Stanton, 19658 Melvin, dated June 29, 2004, which reads as
follows: We recently received a letter in regards to Petition
2004-05-01-06. The petition is asking the City to re -zone the
property at 29650 St. Martins from RUF 8 R4 to RC. On
Tuesday, 22 June, 1 went to the Planning Office and read the
handwritten notes for the meeting to be held on 6 July.
Because of previous commitments, we are unable to attend the
meeting but are submitting this letter to voice our opinion. We
can only hope the Commission will seriously look at our
objections for this plan. We're not happy that there was no plan
submitted with this petition. We're concerned that you would
even consider this idea, sight unseen. 1 know you wouldnY
allow this from a resident, so why a contractor? We're also not
pleased with the number of units that may be squeezed into this
space. 1 realize every city is out to cover as much beautiful
green space as possible, but its time to get real. Because there
was no plan submitted and we can only write this from notes 1
read, this leads to our third concern. Most of the homes in this
area are ranches. We dont want to see these twoatoryjobs
that are going up around town. 1 think its time for the City to
seriously look at what's being constructed around the town
before they start changing zones and taking away some of the
nicer things here. Soon we'll be able to change our name from
Livonia to Cement City or home of the oversized dwellings. We
realize that the City, like so many others, is in a financial crisis,
but must we take away from the beauty of some of the open
spaces to cram more buildings into them? When will you all
agree that enough is enough? I'm sure that one day the Livonia
Mall will also be a thing of the past and maybe that will be the
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time to deal with all of this and maybe a park could then be
incorporated to save just a small space of green that everyone
could enjoy. Thank you for taking the time to read this and
hopefully give it some consideration." That is the extent of the
correspondence.
Mr. Walsh: For those of you in the audience, the procedure tonight will be
that we will introduce an item, our staff will then give its
presentation, and the commissioners will have the opportunity to
question the staff. We then invite the petitioner up to give their
own presentation and answer questions, and then we open the
floor to the public. That will be our procedure will all items on
our agenda tonight. Are there any questions from the
commissioners for Mr. Taormina before we go the petitioner?
Seeing none, is the petitioner in the audience?
Steven J. Schafer, Schafer Development, LLC, 25800 Northwestern Highway,
Suite 720, Southfield, Michigan 48075. Good evening. I'm here
tonight to propose the rezoning of the acres on St. Martins
Street. As most are aware, this property has been undeveloped
for quite some time. I think at one point there was a proposal
for Service Merchandise to go on that site, which did not go
forward. That property has set vacant for a long period of time.
As you may be aware, the Livonia Mall has been sold. This was
part of that property at one time and has now been severed off
from the mall. I'm proposing a rezoning on that. It conforms
with the Master Plan. Actually we're not looking for quite as
much density as what could potentially be contemplated under
the Master Plan. The types of units that we propose to build
here would be very similar, as Mr. Taormina said, to the
Fountain Park project with the appropriate amount of brick.
We're not at the site planning point of our approval process but I
would encourage the neighbors, if anybody this evening would
like to talk to me afterwards about the site planning, we'd be
happy to meet and address any further concerns they may have
such as fencing and screening and landscaping. We are
essentially proposing, as we saw by the diagram earlier that
Mark showed ...
Mr. Walsh: I'm going to suggest that you use the portable mic and Mr.
Poppenger will set up the lnpod for you so that people watching
tonight can see it on TV as well.
Mr. Schafer: It would be situated in six buildings. Again, these are stacked
ranch -type buildings. They don't exceed the height of a typical
two-story home with enclosed garages. What we're finding at
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the George Burns site is that we're attracting a lot of Livonia
residents, empty -nesters mostly from homes within the
community that are selling those homes and moving into an
easier lifestyle -type of living. We think this is an excellent
location as well for that type of market. We anticipate empty -
nesters here. These are all two-bedroom units. They are not
really geared toward families. From our experience with over
half of those units being sold, we're about 90 percent empty -
nesters. So I think that's the type of buyer profile these units will
sell probably when they go up in the low 200 range they'll start.
We selling anywhere from $25,000 to $30,000 in extras in these
units. There's a number of upgrades you can have within the
unit. So from the standpoint of retail price, these will be very
nicely priced units to support some of the values in the area.
Also, on the rear side where the lots are cut off, basically we're
going to have a park -like area with a very gradual -type detention
basin. Nothing that's fenced like you typically see that becomes
unsightly. This will be something that is a dry basin. We have a
very deep invert of a storm sewer of about 12 feel so we can put
very positive drainage on that basin so there will only be water
that will be held in that pond during large rainstorms. This will
relieve the burden of flooding within the storm sewer system
and some of the nearby creeks in the community. So we're also
going to have a forebay, which will clean the water, and then we
also plan on having a park -like setting back in that area. We
have nice setbacks. I think you'll see when the site plan comes
in, but between the properties, I'll be able to landscape
appropriately between the two properties. And as you're aware,
on the other side of St. Martins, at that location, we face the
parking area of Sears back in through this area. This will be our
frontage. So we're going to want to do a lot of very nice
landscaping along Sl. Marlins with some screening, some
fencing, some lighting to make that appealing and have a nice
entry as well. We have two ingress and egress points, which
are boulevarded, and we're hoping that the proposal will be well
received and we'll be able to deliver a nice project to the
community. If there are any questions, I'll be happy to answer
them.
Mr. Walsh: Thank you, Mr. Schafer. Mr. LaPine?
Mr. LaPine: Mr. Schafer, I'm just confused on one thing. Where the
retention basin area is going to go and the park, which is now
zoned R-1 ...
Mr. Schafer: Yes.
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Mr. LaPine:
The R-1 goes all the way back to Bretton Road. How much of
that is going to be part of that? The whole parcel?
Mr. Schafer:
Yes, the whole parcel. Where this dividing line is, there are no
buildings that encroach over that line whatsoever. The only
reason why the zoning line went over that is because we
wanted to stay within the R -C density, which is a lower density
multi -family than some of the other multFfamily classifications
that you have.
Mr. LaPine:
Basically, the R-1 properly is directly behind this and also
behind the RUFA and the OS. Is all the way back to Bretton
Road going to be part of your project?
Mr. Schafer:
Well, no, not all the way back to Bretton. These are individually
owned homes.
Mr. LaPine:
Okay. But they will abut up against those homes?
Mr. Schafer:
Well, no, the park area will. The units will not exceed past ...
Mr. LaPine:
I'm worried about the retention basin that's going to go in that
area. Is that going to be part of what is now R-1?
Mr. Schafer:
Yes.
Mr. LaPine:
The second question I have, I'm still concerned about the fact
when you go west of this and you have those nice homes west
of you, single family homes all the way down until you gel to the
dead-end down there across McNamara, did you look at any
way that you could continue those single family homes all the
way down there instead of going to an RC?
Mr. Schafer:
No, we really didn't because as you see here, when the mall
was built, there is a substantial berm that went up and the trees
are very large, and actually there's no real buildings here. This
is more parking field over here. You're almost removed from
the mall when you get over to this portion. There's a large
parking field. Here we have a lot more mass in front. I think we
can do a better job screening on this side of the street and just
considering what we're looking at on the Master Plan and it's
location. I think it really does provide for some transition in
zoning on this portion because we have two commercial uses
over here to the east of us.
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Mr. Alanskas: I know tonight is only a rezoning, but you're talking about
fencing. What kind of fencing are you referring lo?
Mr. Schafer: Probably something in a non -maintenance type of six foot
fencing. I'd like to discuss that with maybe some ofthe property
owners to see what they prefer, or maybe they'd prefer some
other type of landscaping.
Mr. Alanskas: Are you referring to wood or fiberglass?
Mr. Schafer: Like a vinyl -coaled fence. Not a wood fence.
Mr. Alanskas: All right. Thank you
Mr. Morrow: I've heard the word detention and retention. This is a detention
that you would subsequently provide?
Mr. Schafer: I gel confused on the terminology from time to time, but this is a
pond that will only hold water during a storm event. It won't
continue to hold water after a storm event. I believe that's a
retention, and then detention only detains it for a period of time.
So that's what this is. This is intended only to hold water during
high storm events and then completely empty out.
Mr. Morrow: Worst case scenario, how long would you think it would take to
drain that field off?
Mr. Schafer:
Probably a few hours if it was a hundred year rainstorm and
that's what these are really designed for. We have a lot of len
year rainstorms during the season but this is really designed . .
. you won't really get much water in it at all for very long in a
typical rainstorm.
Mr. Morrow:
So we're talking two or three hours and it should be ...
Mr. Schafer:
Drained out, yes.
Mr. Morrow:
Okay. Thankyou.
Mr. Piercecchi:
I notice by looking at your tentative plans, Mr. Schafer, that you
plan on a 40 foot greenbelt behind your tentative proposal?
Mr. Schafer:
Yes, approximately. I'm not sure. I don't have it scaled.
Mr. Piercecchi: Its very heavily wooded behind the project.
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Mr. Schafer:
Yes.
Mr. Piercecchi:
About how far is it from your greenbelt to the houses on
Bretton?
Mr. Schafer:
Well, on this aerial photo, it's basically right in here and then
these are the large trees right up in here that run back in
through here.
Mr. Piercecchi:
I'm aware of that. I'm talking about from your greenbelt to the
homes. Go straight out. How far is it? Those woods look really
thick.
Mr. Schafer:
Three hundred and some feet. Those lots are very deep. I
think they're about 318 feet.
Mr. Piercecchi:
So this tentative project would really be screened by roughly a
100 plus trees?
Mr. Schafer:
Yes.
Mr. Piercecchi:
Okay. As you recall in the study meeting, I made the
suggestion that you could pick that property up from Sears and
perhaps gel an R zoning. This particular property here, this
vacant properly, is zoned as a high density residential land use.
We're aware of that. So you are in agreement with our basic
plan.
Mr. Schafer:
Yes.
Mr. Walsh:
Seeing no additional questions from the Commissioners at this
time, I'm going to open the floor to the audience. Is there
anybody in the audience that wishes to speak for or against this
petition?
Shirley Prysdale, 29901 Bretton. I'm representing myself and my husband,
Harvey Prysdale. Mr. Taormina knows who I am. About three
years ago, maybe four years ago, maybe not that long, we went
to rezone our land for 1-1 to build a house in front of Bretton
and a house in back on Fairfax. Now, we were denied that due
to the fact because they said the mall, you know, that Livonia
was specifically for farmland, that's why people moved in. We
were told certain things, the reason why we couldn't do this.
And our frontage runs down there, not quite as far now, but it
goes from Bretton to Fairfax where Claudia is on the comer on
one side and the other guy, that just moved like three weeks
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later, on the other side. They built a house next to me and
denied her access to fence off that in the back there where
people walk through. Now the president before this walked
through. And see, we had an open field, beautiful, taken care
of, parkland. Kids played because I'd rather see them play
there than playing in the street. Now how can you sit here now
and tell me that you're going to rezone this R-1 when you
denied me?
Mr. Walsh:
Mrs. Prysdale, we're not able to sit here and debate with you
that issue. Tonight's petition is restricted to are you for or
against this petition?
Mrs. Prysdale:
I'm against it, but I have another thing that she can pass along
that told us why you guys denied that whole thing, because you
said that the property from Bretton all the way down was
rezoned farmland.
Mr. Walsh:
Ma'm, I don't recall a rezoning. The property has been as its
zoned.
Mrs. Prysdale:
No, it was not rezoned. It was considered still farmland. They
kept it as farmland. My neighbor next door to me is farmland.
So am I. Mygidfriend nextdoor is farmland, which is across the
street. Dave, that lives next door to me, is farmland, and back
down, and so on and so on and so on is farmland.
Mr. Walsh:
Right. We understand that. Now we have a petition for
rezoning here. We've heard testimony. We're accepting yours
this evening. Is there anybody else in the audience wishing to
speak for or against this petition?
Rae Deana Wagner, 29641 Bretton. This is directly behind my house. The 30
years that I've been there, this property was a rain basin
moreover for the amount of water that would come through from
rains and whatever. The trees and greenery of this are 50, 60,
70 years old I think. And I think the consideration that he's not
going to use all that and that there is existing old growth trees, I
think there should be a big consideration as to how they rezone
this to tear it all down and make wall-to-wall house. Mine is a
single family house and now we're going to have not single
family houses behind me. The other thing I think is the idea that
these trees have acted as a blockade for the big lights from the
mall for the years. When you take these trees away, not only
me, but the new people in these houses are all going to have
big old street lights in their faces for the whole time that the mall
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is open and the lights are on. I probably have enough trees on
my property that will shield me better and I'm 300 feet away
from the street, but not the people in the new houses. They
wouldn't be. I definitely don't want to have a fence. I would
much rather have a green berm, and I'd much rather have some
of the old growth of the trees that are existing rather than tear
them down and put trees there that will never be grown up in my
lifetime. I think that should be a consideration. If he's not going
to use all the property, then why strip every single tree down
along the line that separates between the properties? Those
are considerations that I would like. I would certainly much
rather have ranch houses or attached condos than I would to
have a double story, but I certainly would like a double story
better than I would the ugly monstrosities that they put up at
Ward Presbyterian. So, that's what I would say.
Craig S. Moskal, 29810 and 29824 St. Martins. I'm here actually representing
my mother as well. She's sitting right up there. I'm sure a lot of
these people have seen us before. We happen to be the two
houses west of this particular development. I have been the
one that has gone through 11 riding lawnmowers in 13 years. I
just got a new one the other day, as a matter of fad. I have
three riding lawnmowers dealing with that pretty little property
that young lady was just talking about. I'm not sure whether
we're against or for, but I'm sure we're also going to have a lot
more words with Mr. Schafer here on the sidebar like he said,
but there's a lot of questions that we need answered for this little
piece of country that's left in Livonia. I picked up every single
trash of every vendor in the entire Livonia mall for a very long
time. The only reason I'm in Livonia is because my father got
Alzheimer's and I bought the house next door to take care of
him. I don't want to move. Again, I dont know whether it's a
good thing or a bad thing of pulling these developments here,
but it is the only little piece of country there in Livonia. The
lights are god -awful at nighttime. The traffic. We don't have
many people living down Sl. Martins, but yet it's an auto zone,
autobahn down there from Belle Tire testing their tires every
time they change them, from the young kids that live in the
subdivision. We know everybody doesn't live there. How about
some of these sidebars like I saw an entrance on Middlebell. Is
there going to be an entrance on Middlebell other than just St.
Martins? Right where the basin was, it showed an actual drive
right there. I'm sure those are going to be questions, sidebar
notes, to Mr. Schafer here, but we didn't get the notice like
nobody else did. It was just a surprise and we're here to rezone
the pretty little piece that left's over on Sl. Martins. That's pretty
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much all I have. I could go on and on. Our one neighbor just
put in a fence. For 13 years, I did not put up a fence because I
thought that everybody utilized that. I'm sure if you go deeper in
the subdivision you have the city easement. I don't know where
it lies, but the City has a path to cul through the subdivision. I
thought the same thing. For 13 years we never put up a fence
on either side of the property. Well, our neighbor put up a fence
and its actually going to save me trouble from all the traffic
culling through just to gel to the mall. There's a lot to take into
consideration other than just plopping these houses
everywhere. I personally just don't like the traffic. I just don't
like it. I love the police when they sit up at the corner. I want
them to sit in front of my house and measure the people coming
down the sub. I've slopped a Livonia security guard, stood right
in front of his truck. This isn't where you test your brand new
truck that only has 13 miles on it. Take it someplace else. The
trash man does the same thing. So it's not anybody in
particular. It's everybody. We don't need that traffic down Sl.
Martins. The road isn't going to handle it. There's a culvert
down. If you followed the creek through the subdivision, the
trees, somebody mentioned it, they're very old. Its through Bell
Creek. Years ago there used to be a pond in our backyard.
Well, that's all taken away. I mean we can't enjoy it. Down
around the corner, they enjoy it. It's a nice piece of Livonia over
there. Buy the empty parking lot at the mall and you'll gel a
bigger bang for your buck. Thank you guys very much.
Mr. Walsh: Just for your information and everybody else's, tonight is a
rezoning petition. We have to look first as to whether or not we
will rezone it. The questions you referred to, almost every one
of them, would be in the site planning stage which has to come
past this body and the Council again, assuming it passes.
Mr. Moskal: I watch you guys all the time. I envy you. I'm addicted really. I
really know you're doing a good job and I know that you
wouldn't lel anything fly by, but should this have arrived to us
this way?
Mr. Walsh: Mark, is he in the mailing zone?
Mr. Taormina: Could you give me your address?
Mr. Moskal: 29810 and 29824 Sl. Marlins, the first two lots directly west of
the said properly or the rezoning section.
Mr. Taormina: Yes. He would have received a notice of the petition.
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Mr. Walsh:
We'll check on why. You should have been in that, but we'll
make sure you receive it as this moves forward to the Council.
Mr.Moskal:
Thank you very much.
Gary Martin, 29632 Bretton. I actually live across the street from Bretton. I live
across from Ms. Wagner. I guess my major question, I mean,
having that piece of property there has always acted as a
cushion from the mall and all the bright lights and the traffic and
the people, etc. I guess my question would be, where is their
trash going to be? I mean, are we talking dumpsters here? Are
we talking moving the rats, the mice, the whatever, that much
closer to our homes?
Mr. Walsh:
If it is rezoned, the site would come forward and include the
location of, I would presume, dumpsters. Mr. Schafer, would
there be dumpsters?
Mr. Schafer:
There will be no dumpsters. There will be trash cans in the
garages, and they will have normal trash pickup like you do and
it will be put out during that day. But there will not be outside
dumpsters. There may be some trash bins or park benches and
things within the development, but the household waste will be
managed within the garages.
Mr. Walsh:
Thank you, Mr. Schafer. I'm sorry. I shouldn't have spoke on
your behalf. Those kinds of details will be covered in greater
detail during site plan review, but certainly if we can answer it
tonight, we will do so.
Mr. Martin:
As their concerns are with the type of division, a six foot fence
or a berm, I'd much prefer to see the green berm. The other
issue I had is the draining pond. You say its going to drain
within hours. I know my basement doesn't drain within hours.
Mr. Walsh:
Again, at site plan review, our engineers would look at it. There
are more strict rules on drainage and retention, and our City
Engineer looks at this quite closely.
Mr. Martin:
There's a water source there. I can't define it, but there is one
there. It runs underneath my house. I know the people across
the street from me have some water problems. I know that
property is usually quite damp. It floods out in big mins. So I
really don't see that pond emptying, and I'd hale to see kids
playing in a park next to a pond like that. But anyways, I just
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was concerned about the separation between us and the
businesses. As far as I'm concerned, having condominiums,
that much housing built into that area, that doesn't really give us
the separation that we've grown to enjoy. And like I said, I
worry about trash. You're saying it's individuals, so that was my
main concern.
Lisa Wisdom, 29537 Bretton. I'm against this proposal to condominiums. I feel
its not going to raise the property values on Bretton Street. I'm
also concerned with the drainage because I am on the lot that is
60 by 120 that will be directly behind the drainage area. We
have a lot of mosquitoes in those woods now, and I feel that if
you're going to have that drainage be right there, it's just going
to gel worse. Also, I'm concerned about you guys tearing down
all the trees. We're going to be able to see the mall and it's not
a pretty sight. That mall needs to just be demolished basically,
but I don't see where this is going to bring anybody's properly
value up. And I don't see where it's going to bring children into
the neighborhood. I think with two bedroom condos, I think its
going to be basically an older community, so to say, or I'm not
even sure, but I do know that there's going to be a lot more
traffic going through. It's bad enough living on Bretton where
there's no sidewalks. People drive 50 miles an hour down the
streets, and I won't feel safe living there anymore as I do now.
I'm seriously concerned about the water and the drainage and
all the trees and the animals. It's beautiful there now, and it's
not going to be after its all gone. So, that's about all I have to
say.
Mike Moskal, 29810 Sl. Marlins. The first house west, and when I wake up in the
morning and I walk in that backyard and look around, the only
house I see is my brothers house. That's because we are
surrounded by woods. And when I slop to think about 73 units
limes two people per unit, within a matter of, I don't know, if it
goes through a year, I'm going to look over towards Middlebelt
and I'm going to see a lot of people that I never saw before.
Part of the reason for moving there was because it was
secluded and because it was wooded and because you had
privacy. If the petition goes through, it's lost. The whole
purpose of actually moving there would be lost. There is a lot of
land across the street. So if you ask me, no, Pm against the
petition. Thank you.
Mr. Walsh: Is there anybody else in the audience that wishes to speak for
or against this pefition? Seeing no one, I'm going to ask Mr.
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Schafer to approach for the final word and then we'll move to a
motion.
Mr. Schafer:
Again, I know this is a new proposal. A lot of you may not have
been aware of it, and I am accessible here after the meeting if
any of you care to give me your address. As we move forward
through the site planning stage, I'd be happy to sit down with the
residents to address some of the concerns that were discussed
and make sure that the appropriate size landscaping Is put in for
screening, that you're not wailing len years for it mature before
it screens your properly. Those are things that we can
accomplish. If we move forward with the project, I certainly
would like to include the residents that are impacted by the
development. So I'm available. I've got some cards with me.
You can contact my office and I can compile a list, and I'd be
happy to meet to make sure that we address the concerns as
best as we possible can.
Mr. Walsh:
Thank you, Mr. Schafer. Are there any questions from the
Commissioners? Mr. Piercecchi?
Mr. Piercecchi:
Mr. Schafer, in listening to the people here, they have some real
legitimate concerns, density problems and car problems. In
doing a little math, 72 units, two cars, that's an extra 144 cars
running up and down that street. Do you have any other
schemes to develop that properly other than this one?
Mr. Schafer:
No. I think we were trying to follow the Master Plan. I think its
a well suited area for what we're proposing. Again, we're going
to be appealing to empty -nesters here. A lot of them do only
have one vehicles. They aren't traveling typically during peak
traffic hours when a lot of people are going to work and coming
home at night. Their traffic patterns are a little bit different. So
I'm hoping that Sl. Marlins is a pretty substantial road. It does
handle quite a bit of the mall traffic. I think as the mall
potentially redevelops, and there is some discussion that it may
redevelop, that it's probably going to develop in a much different
fashion. You won't see a lot of those parking lots that you
currently see on the backside, the way some of these things are
laid out today that would potentially cul off some of that traffic
maybe in the future with development. But we're hoping that
with the type of people we will attract that the neighborhood
shouldn't suffer a real adverse impact with the traffic.
Mr. Piercecchi:
Well, their concerns, sir, really are legitimate. In fact I
mentioned at the beginning of this meeting here about pulling
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residential homes in there. What is the main concern about
putting residential homes? Do you own the property?
Mr. Schafer:
Yes, I have an option to purchase the property, but certainly
with some of the other abutting zoning uses and the abutting
commercial across the street where it is, that it wasn't provided
for with the types of berms that were provided when the mall
was built for the residential areas. We think with the exposure
of this site that it's well suited for this type of zoning.
Mr. Piercecchi:
Irealize that.
Mr. Schafer:
Economically, we just couldn't do it.
Mr. Piercecchi:
Our Master Plan does permit that. The Master Plan can go a
high number. It can go up to 50 dwellings according to my
notes here, and you're going with 10.
Mr. Schafer:
Yes, and considering some of the other developments I have
done, I know there was a reference to Six and Farmington.
There were a lot of other circumstances going there, but
certainly, I know there was some opposition to it. I guess in
retrospect there's some things I didn't realize and I felt in
coming forward with this one, that this is a much more
appropriate type of unit to go onto a multi -family zoning where
there are some single family impacts.
Mr. Piercecchi:
Is it essential that we act on this proposal? Can it be held back
and talked a little bit more about?
Mr. Walsh:
Dan, this is a motion that we're considering a rezoning here.
What you're getting into is more ...
Mr. Piercecchi:
I'm getting into rezoning and perhaps, Mr. Chairman, something
else.
Mr. Walsh:
I gather from your questions they're more in the line of site plan.
Mr. Piercecchi:
No, sir, really. Well, the site plan does enter a part of it, sir, but
what I'm leading toward, perhaps there's other ways to develop
this property. We are really putting, as it's been said before,
three pounds of coffee in a two pound can by putting in 72 units.
That's why I asked if it wasn't essential, perhaps if Mr. Schafer
agrees here, we can put this off to another meeting.
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Mr. Schafer:
I don't think it's really feasible to develop unless we can get the
RC. In considering some of the other past proposals, I think
there was recently within the past year an even more dense
multi -family development that was proposed for this. I think
there was some question and I think after hearing the
discussions that went on with the other developer, and
obviously when the Service Merchandise proposal was out
there, that this is something that is much less dense. We are
probably at the lowest multi -family type zoning. You do have a
lot of other higher density type multi -family zonings and we're
asking for he least dense. Certainly on the site plan I really
want to strive to work hard to try to appease the residents.
Although I think it's appropriate and it could really be
contemplated for something with much higher density that would
impact the neighbors, but I think that we would like to see a
decision made tonight on the RC because that's really the only
thing that we would consider proposing for that site from a
marketability standpoint.
Mr. Piercecchi:
You would only develop that property if 9 was given an RC
zoning? Is that correct?
Mr. Schafer:
Or some type of a multi -family type zoning, yes, and I guess RC
would be the least dense of that zoning designation. I would
look to seek the least dense multi -family zoning that the City
offers.
On a motion by
Shane, seconded by Alanskas, and unanimously adopted, it was
#07-93-2004
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on July 6, 2004, on
Petition 2004-05-01-06 submitted by Schafer Development,
LLC, on behalf of Elaine J. Berush, requesting to rezone
properly at 29650 SL Marlins, located on the north side of Sl.
Martins Avenue between Middlebell Road and Melvin Avenue in
the Southeast % of Section 2 from RUFA and R-1 to RC, the
Planning Commission does hereby recommend to the City
Council that Petition 2004-05-01-06 be approved for the
following reasons:
1. Thallhe proposed change ofzoning is compatible to and in
harmony with the surrounding uses and zoning districts in
the area;
21468
2. That the proposed change of zoning represents a
reasonable and logical zoning plan forlhe subject properly
which adheres lolhe principles of sound land use planning;
3. That the proposed change of zoning will promote a
comprehensive development plan for the subject property;
4. That the proposed change of zoning will provide for more
of a variety of housing types in the area; and
5. That the proposed change of zoning will provide for
development of the subject properly in a manner consistent
with its size and location.
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. Walsh: Is there any discussion?
Mr. LaPine: I'm not enthusiastically for this proposal. But when you look at
the alternatives we have here, originally a rezoning came in and
wanted to build a Service Merchandise commercial type of a
building like they had at Wonderland, which would have been
worse than we have here. Secondly, everybody talks about the
woods back there. We all like the woods. When I moved to my
neighborhood, we had all woods and I thought, oh boy, I was
going to have woods for the rest of my life. Unfortunately, that's
not true. When an individual owns a parcel of land, he can
always come in for a rezoning, and the odds are that eventually
that properly is going to be rezoned to something because it's
valuable to the owner of the land, it's valuable to the City for tax
dollars, and etc. The City does not have the money to buy the
land to make it a park. The homeowners I'm sure don't have
enough money to go in there and buy it for whatever the owner
of the property wants for it to own it themselves and make it into
a park. So then we gel back to what's the lead intrusive thing
for the neighbors. I'd like to see single family homes all the way
down like we have east of here. But realistically, I think this is
probably the best zoning that we're going to gel in that area. So
therefore, reluctantly, I'll be supporting the rezoning. Thank
you, Mr. Chairman.
Mr. Shane: I echo Mr. LaPine's thoughts. I further would say that I think
with this proposed zoning, that the best thing we can do is to
look in detail at the site plan if and when it comes along and
21469
tweak it a bit to try and deal with some of the concerns we've
heard tonight. Perhaps we find better areas for the greenbelt or
we can switch buildings around or whatever it takes to make it
more palatable, but I think the zoning, as Bill said, is the right
one for the area, and we can deal with the details with the site
plan.
Mr. Alanskas: The reason why I support this is because if this was strictly RUF
around the entire area it would be one thing, but there's so
much R-1 there now. I really think that with the proper
screening and buffering, that it won't be that intrusive to what
you think you're going to be getting, and I'm sure that Mr.
Schafer will be working with you people in the future. Thank
you.
Mr. Morrow: I'm going to support the motion on the floor mainly because a lot
of the concerns I heard here tonight will be focused on the site
plan, and I think Mr. Schafer has demonstrated a willingness to
work in harmony and cooperation with the neighbors. I'm
probably the only one on the Planning Commission that lives in
a condominium, and it is private ownership, single family. We
lake as much pride in our home in a condo as you folks do in
your single family. As far as garage and trash, we lake care of
it. We go out of our way to keep the place clean. I think it will
be one -car garages, which will diminish some of the traffic.
There's only one car in my family and a lot of my neighbors
have only one car in the family. So I think that when this goes
to the Council, they will have another review to see whether or
not they approve of the zoning, and then it will come back for
site plan. Mr. Schafer will work at making it a very nice
development. I'm confident of that. Thankyou.
Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution
adopted. It will go on to City Council with an approving
resolution.
ITEM #2 PETITION 2004-06-01-07 THOMAS RAUPP
Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2004-
06-01-07, submitted by Thomas Raupp, on behalf of Safwan
Kazmouz, M.D., requesting to rezone property at 14030
Farmington Road, located on the east side of Farmington Road
between Schoolcrafl Road and Summers Avenue in the
Southwest 1/4 of Section 22 from RUF to OS.
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Mr. Taormina
presented a map showing the property under petition plus the
existing zoning of the surrounding area.
Mr. Walsh:
Is there any correspondence?
Mr. Taormina:
There are several items of correspondence. The first item is
from the Engineering Division, dated June 8, 2004, which reads
as follows: 'Pursuant to your request, the Engineering Division
has reviewed the above -referenced petition. We have no
objections to the proposal at this time. The legal description as
submitted is correct. Additional right -0f --way is not required at
this time. Any proposed drive approach to Farmington Road will
require a permit from Wayne County and storm water detention
may be required in accordance with Wayne County's Storm
Water Management Ordinance." The letter is signed by Robert
J. Schron, P.E., City Engineer. The second letter is from
Alphonse V. Tabaka, Tabaka & Chiesa, P.C., Attorneys at Law,
dated July 6, 2004, which reads as follows: "Reference is made
to the above -captioned petition. 1 am a resident of the area at
33040 Scone, Livonia, Michigan. This letter is written in
objection to rezoning of the property as requested by the
petitioner. The property in question has been in the nature of
residential (R-1) use since the development of this area. Its
current use fits into the nature of the residential area and should
not be disturbed. In the alternative, an R-1 zoning would also fit
into the pattern of use if a zoning change should occur.
Rezoning of this property to OS would amount to spot zoning,
and although it may offer an economic advantage to the owner,
it is not a good zoning alternative and the petition should be
denied." We have also received a petition objecting to the
proposed rezoning that was delivered to the City on July 2,
2004, and contains the signatures of 21 residents in the area.
That is the extent of the correspondence.
Mr. Walsh:
Are there any questions for staff? Seeing none, is the petitioner
here?
Safwan Kazmouz, M.D., 4541 Tanbark Drive, Bloomfield Hills, Michigan 48302.
Good evening. I want to clear one confusion. If you see a
name appearing as Thomas Raupp on the petition, that's
basically the previous owner of the properly, so he has nothing
to do with this petition. It's only me, the one who is apply forlhis
petition. I think it was a technical issue. We had to put his
name on it because we were wailing for the closing to lake
place last week.
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Mr. Walsh: Mr. Taormina, this petition is properly before us though. Is that
correct?
Mr. Taormina: Yes, that is correct.
Dr. Kazmouz: I am basically a family physician and a geriatrician meaning I
lake care of the elderly folks. I started my practice in Livonia
about six years ago when I was recruited by the Felician Sisters
and Sl. Mary Hospital from the University of Michigan to come
and lake care of their geriatric older folks. I had an office and I
still do maintain a practice here about a half mile down the road
on Farmington Road in a professional complex. I spend most of
my time basically taking care of terminally ill patients at Angela
Hospice and patients atthe hospital. I do consulting work for Sl.
Mary Hospital. I see on average about 10 to 12 patients, mostly
Alzheimer disease and related issues in my office, but I'm also a
family physician so I keep my skills taking care of other medical
problems. I worked in the emergency room at Sl. Mary's for
four years. I've treated every kind of injury. I've served this
community as much as I could. I hire people in my office, pay
taxes and provided the best service that I could to this
community, and I want to continue to do that. My existing space
is basically a professional building. The plans for the next two
years are okay, but after that its not loo clear how its going to
develop. So my hope was to find a non -threatening, home -
looking, inviting place, that's basically more like a home, and
that's what this properly is, and apply to convert it without a
change to the building itself. I don't know about this notion of
remodeling or demolishing and rebuilding. That's not on my
agenda. I dont want to do that. I already have an office. Its a
decent office. It's a big professional plaza on Farmington Road
south of Plymouth. I just wanted to move from a box -looking
office to a home that basically can be more inviting for my
patients. I take care of families. I have four or five generations
sometimes in my own practice. Seventy percent of my care is
mostly for folks over 70 years old. So I want to give them that
impression that when they come to see me, they're not taking
elevators or steps getting lost - a non -threatening, house -
looking appearing building where they can find me. As far as
the question to congestion and traffic, I can say that I usually
see about 10 to 15 patients a day. I did inquire in the vicinity
and asked all the other businesses, for example, KFC serves
500 people. The whole area, if you don't mind and I hope I
don't offend anybody here, if you look at it, the whole half -
square mile at the intersection of Farmington and Schoolcmft/96
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Freeway, which is a very busy area, is mostly occupied by office
space and commercial facilities. These are the only four lots, I
agree, that are still residential. But again, that's what invited me
to look at this properly and lake the risk to buy it as a matter of
fad. So I bought the property regardless of what this decision is
going to be. The reason why is because I want my older folks,
the families that I serve, to come into a home. The properly is
1,200 square feel. Its a very good size for me. I mean the size
is very good for me. I don't need to add any extension. I may
replace a window or make the proper adjustment that the City
requires me to do to make it accessible. I spoke to some
residents in the area and reassured them that I wont even have
parking in front of the property. There are a lot of nice trees, old
walnut trees like 100 years old in front of the properly. I want to
leave them. I want to leave that atmosphere. So what I'm going
to be doing is basically, and I'm sorry, you know how physicians
are.
Mr. Walsh: Mr. Poppenger, if you can help him set up his plan on the easel
so people at home watching can see it as well as those in our
audience.
Dr. Kazmouz: As you can see, this is the property. This is the front of the
properly. Farmington Road is here, and this is the lot behind
the property that's all green right now. There are fences
between me and the other lots. Adjacent to Lot 5, which is
another home, is a commercial business, Shaw Electric. I'm
one lot away from the commercial area. Across the street and
the four corners of this intersection is all commercial for more
than half a square mile area. Again, I have enough space on
either side of the property where I can make a circle driveway
and have the people park in the back here so it doesn't disturb
any scenes in the front and people would feel comfortable with
that I hope. I will take all the measures that the City would
require of me to build these driveways and my hope, because
there's a real nice big tree, I want to keep it and most of the
trees as much as possible. There's only two exam rooms, so at
any point I will only have four or five people waiting - so four or
five cars, just like someone having a little party in their home.
And I want to turn part of this lot into a parking area. If the
neighbors are concerned about it, I can take whatever
measures we can agree on to make it private and acceptable to
all the people involved. My hope is that when people drive to
the back, they can park here and then they can enter from the
back. So again, there won't be any congestion in the front, and
I can turn the back door into basically an entrance. So as you
21473
can see, my hopes, and again, I don't want to speak loo highly
about myself, but I chose this place because Livonia has the
highest rate of elderly and I did two years extra at the University
of Michigan. I have a lot of opportunity. I can have plenty of
places where I can practice and have even much bigger
income, but I had such a strong connection with Angela
Hospice. I mean I helped more than a thousand families seeing
their loved ones die and took care of so many Alzheimer
patients in the area. I have referrals from Redford, Farmington,
from all the areas, because that's my main area. I still maintain
my skills as a family physician. I don't see babies but I take
care of other age groups. My whole idea is that the house looks
perfect. I dont want to make a major structural change. I want
to make the changes that would make it convenient for people
to drive and there is enough space on either side of the house
to drive around it without disturbing anything or the neighbors I
should say and park in the back here. At the same time, and I
hope I don't offend anybody here, when I hear the spot zoning
term thrown around, and they say this is a commercial zoning in
a residential area, when the whole area is mostly commercial
and you only have a few spots left residential, I see it the
opposite way. I don't want to disturb any ideas in people's
minds about their properties or what they feel about it. And I
spoke to the neighbors freely. Some of them told me that they
don't want that. They didn't explain. I hope they can explain
today. Some of them told me that they're not sure. They feel
themselves that one day they may go and apply for a
commercial petition as well, because as I say the adjacent
property to Lot 5 here is Shaw Electric. And I was a little
surprised when I got a letter from Shaw Electric objecting to this
when I am not going to be having any cars in the front or
anything like this, and I'm not going to be doing any major
structure changes. Ten or 15 cars that are going to be parked
in the back of my properly, I hope they won't add to the
congestion in the area.
Mr. Walsh: All right, Doctor. I'm going to suggest that we go to some
questions from the Commissioners and then the audience.
Mr. Piercecchi: I don't question that piece of properly may satisfy your needs.
However, what you're asking us to do here this evening is to
support the worse case scenario of spot zoning. On each side
of that properly you'll still have RUF. Have you investigated
Livonia completely for vacant OS property? I'm sure there's
plenty of it available.
21474
Dr. Kazmouz:
Not really, but I can tell you this. Again, I work at St. Mary's
Mercy Hospital. I know all the physicians there, and a lot of
them have their offices on Farmington Road and a lot of them
have their offices adjacent to residential properties. I am not
asking for any special treatment, but all these physicians that I
know have their offices adjacent to residential properties. As a
matter of fad, the physician who covered for me yesterday
when I went out of town, his office on Farmington Road is
adjacent to residenfial property. So this has happened in the
past frequently, and people have their own opinion, but that's
how I see it, sir.
Mr. Alanskas:
Sir, you say that you work a lot with Sl. Mary's Hospital?
Dr. Kazmouz:
Yes.
Mr. Alanskas:
Okay. You know that's right off of Levan and Five Mile?
Dr. Kazmouz:
Yes.
Mr. Alanskas:
Okay. Right across from Sl. Mary's there's a huge medical
clinic that has 11 doctors.
Dr. Kazmouz:
Yes.
Mr. Alanskas:
Just to the north of that, there are two private home -type
medical offices vacant.
Dr. Kazmouz:
I know that.
Mr. Alanskas:
They're vacant, ready to be taken over. Its meant for a medical
profession. It's right across from the hospital. You're saying
that you deal with the elderly and with hospice. It's so much
closer than being on Farmington Road and Schoolcraft. Why
make your people go that far away when the hospital is right
there and you have buildings right there available for what you
want to do?
Dr. Kazmouz: I don't get patients to walk from the hospital to see me. They
come from all over town. They come from Redford; they come
from Farmington; they come from Westland; they come from all
the areas that are able to come to see me. That's number one.
Number two, those properties you're talking about, one of them
belongs to Dr. Mousabi who actually turned it into a dermatology
clinic right now. So it is occupied, and there are two
dermatologists who are practicing in that property.
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Mr. Alanskas: On one properly a foot doctor was in there. That's vacant.
Dr. Kazmouz: They have a space.
Mr. Alanskas: That's 1,700 square feet.
Dr. Kazmouz: I have not seen it on the inside, but I know that there are four
doctors in that area.
Mr. Alanskas: What I'm just trying to say is, because I'm not going to belabor
this, there are a lot of properties available close to Sl. Mary's for
medical purposes. Thank you.
Dr. Kazmouz: They don't look like the one I'm looking at.
Mr. Shane: I have a question for Mr. Taormina. Wouldn't this petitioner
have to meet certain commercial building codes in order to
occupy this property, certain things he would have to do?
Mr. Taormina: Yes, the change of use group from one of residential to a
medical office would require certain structural improvements. I
can't recite what those are. That's something that would have
to be investigated further with our Building Department.
Mr. Shane:
The point is that there are certain things that need to be done.
You may have already looked into that.
Dr. Kazmouz:
I am willing to work with the Building and Engineering
Departments with whaleverlheir recommendations are because
the safety of my patients is number one. If they feel that's the
safest way to do 9, I'll do it.
Mr. Shane:
Thank you.
Mr. LaPine:
First, Doctor, I would just like to commend you. I'm very
impressed with your presentation this evening. I'm really
impressed with the compassion that you seem to have for your
patients and especially the elderly. I happen to be elderly so
naturally I have compassion. Secondly, I agree with you. I think
elderly people like to go to an environment where it looks more
like home to them than a big office building where they have to
gel in an elevator and go up 10 or 12 floors. With that, I
commend you. I really am impressed with what you've done so
far this evening. But beyond that, I have to say that, number
one, it's not so much rezoning this parcel for you, because I
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really believe in my heart that you're going to do what you want
to do. Unfortunately, you can't give me a guarantee that 10
years from now, you're still going to be there. You may get a
big promotion at Sl. Mary's. You may go on to the Mayo Clinic
for all I know. The building's empty. The rezoning is there.
Somebody else comes in and they do just the opposite of what
you're telling us you're going to do tonight. And that creates a
problem for me.
Dr. Kazmouz:
I have no plans of ...
Mr. LaPine:
I understand that, sir. We all say we have no plans. I have no
plans to die tomorrow, but God is the only one that knows that.
Dr. Kazmouz:
Lel me explain if you don't mind. The reason why because my
wife is an obstetrician at Sl. Mary's Hospital too. She's been
delivering babies in this city for six years. My three children
were delivered at Sl. Mary's. My grandfather is an obstetrician
at St. Mary's Hospital for 33 years. He delivered probably half
the children in this town. He's delivering children of the children
that he delivered. We have a lot of connection to this place, and
I live not far from here. I've been here for six years. So if I have
a plan to go to somewhere else, and I've been offered a lot of
jobs with the interest that I have, and I rejected that because I
have children. I'm not after the money. My wife is a physician
too. She has a lot of demand on her. We want to just live a
peaceful life. I want to lake care of patients. I work part-time
right now in the office obviously because as I mentioned, I take
care of my patients at Angela Hospice and work at the hospital
when they need me to. So basically, things may continue the
same. I may still work part-time here. I may add half a day or
so. You are completely right. We don't know what's going to
happen tomorrow, but I know myself, and I know I found a place
that I like. I'm going to keep R. If the petition goes through,
that's fine. I'm still going to keep it if it doesn't go, and I will wait
for the nighttime. I appreciate the people who support R.
Mr. LaPine:
You purchased the property. Did you know at the time when
you were purchasing the property that you had to get a
rezoning?
Dr. Kazmouz:
Yes.
Mr. LaPine:
Why didn't you buy the property on a contingency? If you didn't
gel the rezoning, you wouldn't purchase the property.
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Dr. Kazmouz: The sellers gave me a deadline because his wife is eight
months pregnant and he had to move to a different house. He
bought a house in Farmington Hills. He needed the money for
the down payment. He said you have to tell me within three
days if you don't want to buy it. I cannot give it to you because I
need the money. I mel his wife, and I'm telling you, we're in this
business so I can appreciate the pressure he's going through. I
fell, you know, buying it today or next month, if I fell in love with
this place, if I can tum it into my practice, thank you. If I cannot,
I still fell in love with this place.
Mr. LaPine: Thank you.
Mr. Walsh: Am them any olherquestions from the Commissioners? Seeing
none, I'm going to open the floor to the audience.
Robert Hornbacker, 33123 Scone. A couple of things I wanted to say, and
please no offense to the good doctor, but I'm just a little
offended at the presumptuous nature of the fact that the
properly has already been purchased. And I just want to make
sure that doesn't influence due process here and we do follow
through as we normally would and that is not an influential
factor. Number one. Number two, my dad is 80. My mom is
78. If they had Alzheimers or if they were involved in hospice,
the last thing I would want them to be doing is backing out on
Farmington Road right by Schoolcraft. So I don't know how you
can feel your patients are going to be safe with the driveway
setup.
Mr. Walsh: Sir, if you could direct your comments to the Commission
please.
Mr. Hornbacker: Okay. I just don't think that people will be safe backing out. So
what I'm afraid of is, Mr. LaPine, just what you said, is once we
rezone this, you're all done, and then it's up to him. And then a
year from now, two years from now, then we've got a circular
driveway. Then we've got parking behind the house. Then
we've got the trees knocked down. Then we've got neighbors
on eilherside that are wanting to move and then we've got more
people that are petitioning here. So I just see this as the
beginning of the end of what we all recognize as a residential
area, and I'm againstit. Thankyou.
Louis Conti, 14132 Farmington Road. I'm voting against this. In between two
other residential lots, ildoesn't really make sense to me unless
he has plans to continue to buy these lots on Farmington Road.
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I'm a Farmington Road address right on the corner of
Farmington and Summers. My house would probably be a
pretty good house for you to pick up on, but it's not for sale, sir.
I sure appreciate what you are trying to do in the community.
We'd love to see you here in Livonia, but we need you to pick a
different area. Thank you.
John Przytulski, 14050 Farmington. I'm adjacent to the properly north of him.
According to his plans, the driveway that he wants to put the
parking lot in the backyard, well, my house sits a couple feet
behind his, plus my garage is further back. So I would be
viewing all of that. But for him to come around, he's only got 10
to 12 feel from that garage to my fence. So somebody comes
around and I gel hit while I'm doing my mowing and sluff. That
ain't very good. I've raised three kids on Farmington Road.
Why can't it stay residential? They plan on staying there. My
kids live in Livonia. Why can't they have a house to live in?
Why do they have to live with an office and stuff? I've been
there 20 years. Why do you have to change things?
Mr. Walsh: Thank you, sir. We appreciate you being here. Is there
anything else?
Gary Coyne, 33149 Allen. This is several streets away, but also in the Kimberly
Oaks area. I just drove around in the last several days and
looked at 17 pieces of property just in that four mile square from
Five Mile to Schoolcmft and from Farmington over to Merriman,
excluding Merriman completely because it's all residential. I
know that not every piece of properly there is for medical
facilities, but there's just a lot of open property right now as
other people have already mentioned. I've talked to people in
the neighborhood. I dont want to say who I spoke to, but the
person noted that his neighbor moved out wthoul ever telling
him what was going on. So I'm not sure how much the doctor
has communicated with the neighbors, but its close enough to
where I live that I wouldn't want to see that. And like I say, I see
so many pieces of properly that are available. A new building
that's going up at 14881 and 14891 Farmington, just up the
street. I know that's not a house setting, but at the same time,
we just have so many vacancies in the city, it would be a shame
to open this up and then maybe down the road have a vacancy
here as well. So those are my comments. So I oppose it.
Tammy Wyland, 14015 Westmore, which is the backyard of this rezoning
proposal. I strongly object to it. The home has been in my
husband's family for over 40 years, and as many other people
21479
here tonight, we'd like to keep this home in the family for
generations to come. Actually, I'd like Jillian to read her letter if
you give her the opportunity. I'd also like to say that I oppose
you pulling any parking in the rear and any type of bright
lighting. We've already got the bright lighting of Shaw Electric
that comes right through my bedroom window. I'd hate to see
you cul all these trees down. I'm sure you've never seen this
area in the winter. It doesn't sound like you have. We don't
want to lose this and we don't want to lose the prestige of
Livonia. This is a very sought atter city and its making me think
of moving to another city where when they cul one tree down,
they plant three. When they build commercially or build a
professional service, it's unobstructed and its within the
environment. These are our neighborhood cities that are
looking more desirable, and I'd hale to see us lose our residents
that have been rooted here for years. So I object.
Victoria Brooks, 33259 Summers, which is the corner house on Summers and
Farmington Road. I oppose it. Sorry. I mean I commend him
for what he's trying to do, but I've lived there for 18 years. I've
put a lot of money into my house, and I just dont care to see it
go commercial with the domino effect. And one question I
would like you to address to him please is, if it doesn't go
through, what does he plan on doing with that house? I hope
its not going to sit empty and just become another eyesore in
Livonia. That's all I have to say. Thank you.
Mr. Walsh: Before we move on, I would appreciate if people could direct
your comments to the Commission, please.
Nancy Green, 33108 Summers. I am opposed to this. The good doctor kept
referring to the fact that this is a commercial area. From Shaw
Electric to Lyndon Avenue is all residential. That's Kimberly
Oaks. He's talking about the parking in the back. We started
out with just one or two patients, then it went to five cars. Then
he was talking about how many people he would have wading.
You also have to have staff to staff the building. Where are they
going to park? Farmington Road is a mess at rush hour.
Farmington Road is a mess in the morning, and I think you're
just going to increase the traffic and make it bad for all the
people that live in the area. Thank you.
Jillian Seifers: I'm staying with my grandparents for the summer at 14132
Farmington Road. I'm going to read this petition that I wrote.
We need your support to tum down this petition. Let's keep our
neighborhood a neighborhood of residents. Let them use office
21480
space on the other side of Farmington Road where there are a
number of vacant properties. Assuming that we are using pros
and cons to make our decision for this petition, I listed a few that
may be of your concern. There is only one thing that would be
good about having the office space where it would be and that's
having it be so close and convenient for people to go there.
Here are some of the cons. The parking lot. From what we
understand, the parking lot would be in the rear bordering other
residents' backyards. At nightthere will be bright lamps lighting
up the parking lot and your bedroom windows. Also, in that
parking lot will be a dumpster which may have downfalls like
undesirable odors attracting pests, the noise of the servicing of
the dumpster, and the appearance of the dumpster retaining
wall. The parking lot could attract unwanted loiterers. The
cigarette breaks and lunch breaks of employees. This lot
contains many beautiful trees that would need to be removed
that would take away shade and the appearance of our
neighborhood. If you can think of any more pros or cons, bring
them to the public hearing on Tuesday, July 6 at 7:30 p.m. This
message brought to you by Jllian Seifers, future resident and
granddaughter of Louis and Pamela Conti, resident of 14132
Farmington Road since 1992, and great -great granddaughter of
Emil and Jean Nagle, former resident of 14132 Farmington
Road since 1969. 1 am 11 years old and I plan to own this
home in about 10 years. I'll see you at the meeting and I'll be
the little one with the big voice.
Karen Long, 14074 Farmington Road. I am against this petition. We have a
small child and I would hate to see her gel involved in any type
of medical waste or anything else that would be at that property.
Further, because it is all residential and we do have all the
empty offices in Livonia, there is no reason to have that
rezoned. None.
Mr. Walsh: Before we go on, I'd like to give our Planning Director an
opportunity to read into the record the Shaw Electric letter. We
should have done this early on and I apologize for the
interruption. Mark, if you could please do so.
Mr. Taormina: Thank you. The letter is dated June 22, 2004, and reads as
follows: 'I wish to voice my opposition to the rezoning of the
property at 14030 Farmington Road. Although presently zoned
as Rural Urban Farm, it is essentially a residential property and
should remain so. The Farmington/Schoolcraft intersection
already handles a very heavy traffic volume and additional office
development would only add to the volume, while adding little of
21481
real value to the community. Inserting an office development on
one lot in a residential area will look out of place and attract
from the adjacent existing homes." The letter is signed by David
W. Kurtz, President of Shaw Electric Co.
Mr. Walsh: Thank you, Mr. Taormina. Ma'am, if you could please give us
your name and address.
Joan Hoffman, 33066 Summers. I oppose this. As far as the home environment
for a patient, I had a mother who died Iasi July at 107. 1 look
her to the doctor in a large medical building. She never winked
an eye about it. The contact with the patient and the doctor is of
more concern to the patient than the environment. This is the
reason why I think that this home environment thing should be
opposed.
Patricia Chambers, 14154 Farmington Road. I am neighbors to Mr. Conti. I
came just for support, but after a few things that the doctor said,
I have a few things I would like to bring out. I'm not sure if
anybody has mentioned that the property value would probably
go down, not only the neighbors behind the properly but
eventually down the street. That concerns me. I don't want this
to have a domino effectwith the properties being sold eventually
down the street. I would invite the good doctor to have his
parents pull out of my driveway at rush hour. It's quite
dangerous. I pull out of my driveway every moming to take my
son to school. I go one house to Summers and it's quite
dangerous. I take my life in my hands every day. I can't
imagine elderly people doing this. It almost scares me. I think
there is plenty of properly in Livonia, including houses right
down the street on Farmington Road, down the street from the
Fire Department. There are a bunch of old houses that
probably have more space. This would probably be a home
environment. I can understand his need for wanting a house
effect for an office. I work in Franklin and I work in an 18"
Century house. Itis inviting to our clients, but to have a medical
facility in that particular area, its just a bad idea. It's just a very
lough area to pull in and out of, even if you're pulling straight
out. You can't compare it to Kentucky Fried Chicken. That's on
a service drive on a corner. I can't imagine you've ever tried
pulling out of that driveway at rush hour traffic. It's extremely
dangerous. That's about it. I oppose this idea. Thank you
Donald Haase, 33132 Summers. I have to say that I came here vehemently
opposed to the petition. After hearing the doctor's comments,
I'm no longer so vehement. I'm sympathetic to the idea of a
21482
home environment, but I'm also more opposed, I think, than I
was before. The irony which defeats his petition is, in fact, the
very point that he makes: that he is attracted to this area
because its a home environment. It looks like a residential
area. Well, that's because it is. Changing the zoning is going to
change that. It's not a commercial area, and it needs to remain
that way. Thank you.
Patricia Daly, 33147 Scone. We're two houses down on the opposite side of
where this proposed medical facility is coming supposedly. I
commend the doctor. I could go on and on about all the cons
that we said. I agree with everything that's been said. The one
thing I'm thinking too, with all these empty spaces that was
brought up earlier, you can make a box. You can make this
auditorium cozy. Put plants, whatever you want to do. You can
make it cozy wherever you're at. You don't need a home
environment, a home home. You can take a square box. I'll
help. And really make it nice for people. That's all. So I
oppose it.
Mr. Walsh: Is there anybody in the audience that wishes to speak for or
against this petition? Seeing no one, I'm going to close the
public hearing. The doctor does have an opportunity to address
us.
Dr. Kazmouz: As far as the concern about the traffic on Farmington Road, my
existing practice right now is on Farmington Road and we are
right on the street. It's the same volume of traffic. The traffic to
my office, if that ends up being an office one day, is not going to
be any different than the traffic to any commercial area that's
along that street. I can give you a list of at lead 20 doctors that
work at St. Mary that have their offices on Farmington Road
right on the street next to residential properties and nobody is
having a problem with that. The idea of culling the trees and
the trash and all that, there won't be lighting the way they are
describing it. This is not going to be a commercial building. It's
still going to be the same. I don't operate after 6:00 p.m., so if
there is any light, it will just be a low light enough to make sure
the area is safe. That's all. There are no projectors. We're not
talking about high walls or fences. There is no professional or
at least box looking buildings or an addition that's going to take
place. There will be renovations to make it convenient. And
when people talk about the elderly and their concern about their
driving, well, that's what I do for a living. If you know it is not
safe for them to drive, they shouldn't be driving after all. The
older folks I'm talking about, they are driven by their families.
21483
They don't drive by themselves. All I want to say is, turning into
this lot is like turning into the Looney Bakery across the street,
like turning into Shaw Construction down the street, like turning
into any of those homes or buildings. It's not going to be
different than any other turning. I appreciate all the concerns. I
learned a lot today, and I'm still concerned about the folks here
and the community. I'm going to keep my practice in my place if
this does not go through. And if people want to know what I'm
going to do with it, I'm going to keep it and maintain it, and you
never know whats going to happen tomorrow. Things might
change.
Mr. Morrow:
Were you aware of the petition in 1997 where rezoning of that
property was rejected by this body as well as the City Council
for the same zoning you're seeking?
Dr. Kazmouz:
The seller mentioned briefly that he fled or somebody fled from
his family to turn it into an office and it was rejected. He said
that was 1997. He really was not satisfied with the rejection.
He felt that there was no reason to be rejected. His plans were
very similar to mine.
Mr. Walsh:
Doctor, you've answered the question.
Dr. Kazmouz:
So I am basically, yes, I was briefed on it but not in detail.
Mr. Morrow:
Because should this not prevail at the various bodies, it's
unfortunate that you purchased the properly and that's the
reason for the question. My dilemma here is that of spot zoning.
We may differ as to how we perceive that piece of property but
in my mind it is spot zoning. To amplify what Mr. La Pine said
earlier, we cannot condition zoning. I have no reason to think
that you wouldn't do exactly what you're saying, but time
marches on. That zoning would be in place until somebody
rezones it. Once it's there, all they have to do is meet the
ordinance and they can put anything in there. We've heard from
one young lady that's 11 years old that said she's going to be
there along time and she's concerned that far in advance. Sol
just wanted to lel you know that I dont know how it's going to
come out, but dont take it personally. I think you've convinced
everybody you're an honorable man, you're a wonderful doctor,
you're providing a great service to the community. We certainly
respect that. Thank you.
Mr. LaPine:
One of the neighbors brought up the fact that if you are denied
and you intend to keep the properly, are you going to rent it?
21464
Dr. Kazmouz:
I will probably rent it, yes.
On a motion by Smiley, seconded by Piercecchi, and unanimously adopted, it
was
#07-94-2004
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on July 6, 2004, on
Petition 2004-06-01-07, submitted by Thomas Raupp, on behalf
of Safwan Kazmouz, M.D., requesting to rezone properly at
14030 Farmington Road, located on the east side of Farmington
Road between SchoolcraR Road and Summers Avenue in the
Southwest 1/4 of Section 22 from RUF to OS, the Planning
Commission does hereby recommend to the City Council that
Petition 2004-05-01-07 be denied for the following reasons:
1. That the proposed change of zoning would constitute a
spot zone since it is not contiguous to a similar zoning
district;
2. Thal the proposed change of zoning will be incompatible to
and not in harmony with the existing zoning and land uses
in the surrounding area;
3. That the proposed zoning change will provide for only
piecemeal development in the area;
4. That the proposed change of zoning will not provide for a
comprehensive solution to future development of the
subject property, as well as adjacent properties, and
5. That there is no demonstrated need for additional office
uses in this 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. Walsh:
Is there any further discussion?
Mr. LaPine:
I just want to tell the doctor I'm going to support the motion
basically because of the rezoning. We have a couple parcels,
one on each side of this parcel if I remember right, that are still
residential. Once we rezone this property, I can see somebody
wanting in the future, if the price is right, anybody will sell and
try to gel the rezoning. My personal opinion is I probably won't
21485
be here in 10, 15, 20 years from now. Eventually that property
probably will go OS along Farmington Road. I think that's the
nature of the way Farrington Road is going, but as of today,
unfortunately, l cant support your petition. Thank you.
Mr. Walsh: I would just like to state I am going to support the motion. I
believe we have seen two passions meet tonight, the doctor's
passion and the neighborhood. In this case, I think Mr. LaPine
summed it up best, and I hope, doctor, that your practice
continues to thrive and you find the right office, but I am going to
support the mofion this evening.
Mr. Walsh, Chairman, declared the mofion is carried and the foregoing resolution
adopted. It will go on to City Council with a denying resolution.
Y I=1 kS FF). 9 =k IItI1*]0IPPIrPIPI-Sol mal 9:7e1 k569e1-1-1_•W:
Ms. Smiley, Secretary, announced the next item on the agenda, Petifion 2004-
06-01-08, submitted by Afram Sabbagh requesfing to rezone
property at 16800 Middlebelt, located on the east side of
Middlebelt Road between Six Mile Road and Grove Avenue in
the Northwest % of Section 13 from RUF to 61.
Mr. Taormina presented a map showing the property under petition plus the
existing zoning of the surrounding area.
Mr. Walsh: Is there any correspondence?
Mr. Taormina: There is one item of correspondence from the Engineering
Division, dated June 8, 2004, which reads as follows: `Pursuant
to your request, the Engineering Division has reviewed the
above -referenced petition. We have no objections to the
proposal at this time. The legal description as submitted is
incomplete. We have attached a copy of the tax description of
this parcel for your use if desired. Additional right -0f --way is not
required at this time. Any proposed drive approach to
Middlebelt Road will require a permit from Wayne County and
storm water detention may be required in accordance with
Wayne County's Storm Water Management Ordinance." The
letter is signed by Robert J. Schron, P.E., City Engineer. That is
the extent of the correspondence.
Mr. Walsh: Is the petitioner here this evening?
PA
Afram Sabbagh, 15333 Hix, Livonia, Michigan 48154. I've been a Livonia
resident for 20 years. The reason for my request here tonight is
because my wife, who is sitting over here, is a seamstress
specializing in wedding gown alterations. She has been in that
business for 25 years. She was a manager of Sophia's
Tailoring in Livonia and then she went on in 1985 to Jacobson's
as a seamstress in Livonia specializing in bridal alterations.
After they closed, she started the business in the basement
which is about 450 square feel. Right now she has fully
outgrown that. We had bought this properly about five years
ago, and we had tenants. All three tenants that we had, we had
to evict. Unfortunately, it hasn't worked out to our intention as
far as renting it. So now the opportunity comes when her
business is growing. The plans for that would be easy to
convert to double the space from the 450 square feet that she
has right now to 900 approximately - the building size right now,
which is what we have on record. We would like to move her
business there. Basically, I'd like to just give you a few bullet
points. We would like to keep the building the same as it is with
a little sprucing up and whatever the committee requires, keep it
for seamstress and bridal. I dd have statements from all the
residents in the area within 500 feel. They all said that would be
okay. In fad, even the church behind, which owns four acres of
vacant land, they also said it would be fine with them. So we're
just requesting approval for that particular business.
Mr. Walsh:
Are there any questions for the petifioner?
Mr. Shane:
What kind of improvements were you intending to make? Could
you give me a little more detail?
Mr. Sabbagh:
Al this time, we'd like to keep the building the same as it is with
a little bit of sprucing up as I said, painting and fixing up, and
maybe planting some shrubs and some flowers. There's plenty
of parking in the back. There are no trees in the back. There
will be plenty of room back there for us to put in whatever
parking spaces that are required by law for that type of
business.
Mr. Shane:
Have you had any discussions with the Inspection Department
relafive to any building codes you might have to follow?
Mr. Sabbagh:
No, sir. I haven't. I spoke with someone at the Planning
Department and they said they would be glad to help me out
once I go through the process to let me know what's required.
21467
Mr.Shane:
Okay. Thankyou
Ms. Smiley:
Did you intend to move from Hix Road to the new location?
Mr.Sabbagh:
No.
Ms. Smiley:
So you won't be running the business out of your home? You'll
be just running a business?
Mr. Sabbagh:
Correct.
Mr. Piercecchi:
Sir, I'm going to ask you the same question I asked the good
doctor. Have you investigated any available C-1 properties
located throughout the city?
Mr. Sabbagh:
Sir, as I said, we have had this properly for five years, and our
tenant situation has turned out less than we expected. In fact,
right now I think from the Iasi tenant it's been about $14,000 in
improvements and I'm still going. I guess the property is there
and that's the reason why I'm requesting that.
Mr. Piercecchi:
Perhaps that's a good reason in your eyes, sir, but you're asking
us to change zoning here. Our Future Land Use Plan does not
classify this area as a G7 zone. I dont know what's so famous
about that site other than you currently own it. You could still
rent it the way you are now. If you're really serious about more
space, there's plenty of it out there. How big is that? That can't
be more than 600 square feel, can it?
Mr. Sabbagh:
Its approximately 900 square feel, the building is. It's one and
a half story.
Mr. Piercecchi:
Are you counting the upstairs?
Mr. Sabbagh:
Yes, sir.
Mr. Piercecchi:
It looks about 75 by 25 to me on the bottom.
Mr. Sabbagh:
Yes. It's got one bedroom and a bath upstairs, and then there's
one bedroom, kitchen, living room and dining room on the main
floor.
Mr. Piercecchi:
I suggest that you lake a good look around Livonia. I'm sure
you'll find a piece of properly that's just perfect for you. I don't
know how my colleagues feel and I haven't made up my mind
yet either, but I'm always reluctant to change zoning if its just
YSLf:1%
for convenience. Once we change zoning, as its been pointed
out here tonight, we cannot condition zoning. What C-1 goes in
after you, when you leave it, obviously you're going to leave it
some time. We all die. So I suggest you give Livonia a look. I
know there are hundreds of open buildings. Hundreds. Thank
you.
Mr. LaPine:
Just one question. How does your wife gel her business? Does
she advertise?
Mr. Sabbagh:
Believe it or not, we haven't spent a dime in advertising. It's all
been word of mouth. I think once you meet her, you'll bring your
clothes to have them altered too. It's just been a flourishing
business. We're extremely lucky to have such a good customer
base that it's building and building without any advertising. Not
even business cards. We haven't done anything since
Jacobson's has closed. It's just been word of mouth.
Mr. LaPine:
Let me say that one of the problems I have is the same as I had
with the previous case. To the south of you, there is a number
of additional houses. Once we give you a rezoning, it's just a
matter of time and everybody wants to gel their house rezoned
because it's more valuable as commercial property than it is as
residential. My position when I see situations like this, I don't
want to see three or four more office buildings or houses turned
into OS or commercial businesses. I would like to see
somebody come in there and buy all those homes out and build
one big building in that area than have four or five different
buildings. We get away from having more than one driveway off
of Middlebelt Road. So at this point I sympathize with you. I'm
glad your wife's business is expanding, but at this time, I just
can't see rezoning the parcel. I'm sorry.
Mr. Walsh:
Is there anybody in the audience that wishes to speak for or
against this petition?
KeRh Revitzer, 16770
Middlebelt. I signed the petition and I changed my mind.
I'm against it, and I want to be crossed off of it. I've been
thinking about it, and Mr. LaPine right there said it. They're
going to move right down the road and I'm only two houses
away. Then the neighbors are going to sell and they're going to
force me out. I've been living there for 40 years and I like it
there. I have a garden. That's all I have to say. Thank you.
Georgia Fenlon,
16720 Middlebelt. I'm the residential home on the corner of
Grove and Middlebelt. I also signed the petition, but I would like
21489
to pull that back too. Like Mr. La Pine said, it could be a
snowball effect, and I have a brand new kitchen going in this
weekend. I'd like to see it stay the way it is for awhile.
Sandra Revitzer, 16770 Middlebell. I'm Keith Revitzer's wife. I did not sign the
petition. I was not asked to sign the petition. I think what you
people should be made aware of is for many years, there has
been a thing going and when the office space went in next to it,
they were told that nothing could be changed in that area unless
all five pieces of properly were sold at one time, that the
Planning Commission would not approve it, would not rezone it.
Well, our house happens to be the stumbling block. I've lived
there. I was born there. I've lived there all my life. My father
built the house. We've been quite happy there. As far as his
petition went, the other two neighbors, besides my husband, all
three of them were told different stories on signing this petition.
None of the stories were the same. None of the people were
happy. None of them were told that this property was going to
be made commercial. The guy next door to us, he's just put in
like $20,000 into his home renovating it. We just put on a
$6,000 roof. We're planning on pulling windows in now. I don't
want to lose the property. I don't want to be forced out because
someone wants to do it as he said. He's got renters in there
now. He may have had problems with renters, but he had
bought it with the intention of going commercial. Maxine, next
door to him, the one right adjacent to him, she wants to go
commercial. She's tried to force us to go to commercial. Every
time ifs come up, it was told to him before that it's not going to
unless all five houses sold. Well, I refuse and I'm sorry. I
oppose this.
Mr. Walsh: Is there anybody else in the audience that wishes to speak for
or against this petition? Seeing no one, I'm going to close the
public hearing and ask the petitioner if there is anything he'd like
to add. No? Okay. Any questions from the Commissioners?
Mr. Morrow: Mr. Chairman, I'd like to make a comment. The petitioner is the
owner of the property. He certainly has the right to request any
type of rezoning, and I respect the fad that he is the properly
owner. My big concern about this is it's a singular piece of
properly and it's going change the zoning. Going in that
direction, stepping down from G2, which is high intensity
commercial, office service, parking, office service to again pick
up a more intensive zoning, a G7. As you heard in the prior
petition, we cannot condition zoning. We don't know how long
you'll be there, but you could change your mind tomorrow or in
21490
10 years or whatever. The only thing we would have to do is
make sure that whoever goes in there would meet the
ordinances as far as site plan is concerned. We respect the
business that you built up but, unfortunately as one
commissioner, I would rather see you go someplace else than
to rezone this to commercial. Thank you.
On a mo0on by LaPine, seconded by Piercecchi, and unanimously adopted, it was
#07-95-2004 RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on July 6, 2004, on
Petition 2004-06-01-08, submitted by Afram Sabbagh
reques0ng to rezone property at 16800 Middlebell, located on
the east side of Middlebell Road between Six Mile Road and
Grove Avenue in the Northwest''/. of Section 13 from RUF to C-
1, the Planning Commission does hereby recommend to the
City Council that Peti0on 2004-06-01-08 be denied for the
following reasons:
1. Thal the proposed change of zoning will be incompatible to
and not in harmony with the exis0ng zoning and land uses
in the surrounding area;
2. Thatthis general area along Middlebell Road between Five
Mile and Six Mile Roads contains sufficient commercially
zoned lands to adequately provide for commercial uses to
serve the area;
3. That the proposed change of zoning would lend to
encourage future requests for similar zoning changes
along the east side of Middlebell Road immediately south
of the subject area;
4. That the proposed change of zoning is inconsistent with
the Future Land Use Plan designation of office use for the
subject area; and
5. That the petitioner has failed to adequately demonstrate a
need in this area for additional commercial uses such as
are permitted by the G7 district.
FURTHER RESOLVED, that no0ce of the above hearing was
given in accordance with the provisions of Sec0on 23.05 of
Zoning Ordinance #543, as amended.
Mr. Walsh: Is there any discussion?
21491
Mr. Alanskas: I really feel for the petitioner because I happen to know that the
lady is a very good seamstress when she was at Jacobson's
since she did a few dresses for my wife. I can't support this
because of the above reasons, but on the corner of Plymouth
Road and Merriman, there's a G7 complex in there. There's
about four buildings that are vacant, and I happen to know that
they're going at a pretty cheap rale. So you might just consider
that area because you do need more space for what you want
to do and thats a good commercial area. Thank you.
Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution
adopted. It will go on to City Council with a denying resolution.
Y Y =1 1i Eti t 9 =k I It I B7 M XA:3 Oil :41I_\49 � [Ne1:7 y
Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2004-
05-02-26, submitted by Angry Bear Lawn Care, Inc. requesting
waiver use approval for outdoor storage of landscape supplies
and equipment at a business at 30443 Industrial, located on the
south side of Industrial Road between Merriman Road and
Middlebell Road in the Northwest % of Section 26.
Mr. Taormina presented a map showing the property under petition plus the
existing zoning of the surrounding area.
Mr. Walsh: Is there any correspondence?
Mr. Taormina: There are four items of correspondence. The first item is from
the Engineering Division, dated May 25, 2004, which reads as
follows: "Pursuant to yourrequest, the Engineering Division has
reviewed the above -referenced petition. We have no objections
to the proposal at this time. Additional right-of-way is not
required at this time. The legal description to be used with this
waiver petition is attached." The letter is signed by Robert J.
Schron, P.E., City Engineer. The second letter is from the
Livonia Fire & Rescue Division, dated June 8, 2004, which
reads as follows: "This office has reviewed the site plan
submitted concerning a request for approval of outside storage
of equipment and materials in connection with a landscape
contractor's yard on property located at the above -referenced
address. We have no objections to this proposal" The letter is
signed by Randall D. Tromblay, Fire Marshal. The third letter is
from the Division of Police, dated June 10, 2004, which reads as
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follows: "We have reviewed the plans in regards to the proposal
for outside storage of equipment and materials. We have no
objection to the plans as submitted. The parking spaces on the
plan appear inegular,all spaces must be 10 feet by 20 feet.
One handicap parking space is provided, however, there is
currently no handicap sign for the space. Parking spaces need
to be repainted." The letter is signed by Wesley McKee,
Sergeant, Traffic Bureau. The fourth letter is from the
Inspection Department, dated May 24, 2004, which reads as
follows: "Pursuant to your request of May 17, 2004, the above -
referenced petition has been reviewed. The following is noted.
(1) The drawing is not drawn to scale. The aisle on the east
side must be 22 feet wile and parking spaces must be 10 feet
wile by 20 feet long, double striped. No provision has been
made for barrier free parking. (2) It appears the applicant is
proposing parking on the right -0f --way. That is prohibited and
must be changed. (3) At a site visit last week, there were car
parts stored outside, an inoperable vehicle and a stack of brush
and debris in the rear. (4) Any materials stored outside would
be limited to 8 feet tall. This Department has no further
objections to this petition." The letter is signed by Alex Bishop,
Assistant Director of Inspection. I'd also like to point out that we
received a letter from the petitioner, Ken Scicluna, Angry Bear
Lawn Care, in which he provides additional information
regarding the outside storage of materials. Without reading this,
I would just allow the pefilioner to indicate what the contents of
that letter is. That is the extent of the correspondence.
Mr. Walsh: Is the petitioner here this evening?
Ken Scicluna, Angry Bear Lawn Care, Inc. 30443 Industrial, Livonia, Michigan
48150. Basically, I'm just looking at parking some pickup trucks
and some medium -duly dump trucks in our fenced in yard. I
think that's about it.
Mr. Walsh: Are there any questions from the Commissioners?
Mr. Morrow: As it relates to what you intend to store, can you give us any
sort of numbers to work with so we can make that part of the
process?
Mr. Scicluna: Number ofvehicles?
Mr. Morrow: The types ofvehicles and the numbers ofthem.
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Mr. Scicluna: They are all Ford pickup trucks, F350's, an F550, a three yard
dump truck, and I lhinkwe have three landscape trailers thatwe
keep outdoors. Everything else we keep indoors. They are all
relatively newer trucks.
Mr. Morrow: Soyou're talking basically pickup trucks?
Mr. Scicluna: Mostly pickup trucks, a couple light duty dump trucks. No
semi's. No gravel trains or heavy trucks.
Mr. Morrow: And al this point three trailers?
Mr. Scicluna: Three trailers, correct.
Mr. Morrow:
What size would they be?
Mr. Scicluna:
They are all tandem axle, like 14 to 20 feet long. We'll park two
indoors, and I think we'll have three outdoors.
Mr. Morrow:
Okay. The reason being that we want to condition it so that we
knowwhal you're going to store there so you don't start bringing
in cranes and lord knows what else. We don't want to be overly
restrictive, but we want to gel an idea of what will be stored.
Mr. Scicluna:
We have no plans to buy any cranes in the near future.
Mr. Morrow:
The problem is, you've heard in the past, if we grant a waiver, it
runs with the land. If we don't condition @, that means they can
put anything in there they want. Thank you very much. Staff,
can we add that as part of the conditions?
Mr. Taormina:
Yes. You mean in terms of providing a detailed list of the
equipment he plans to store?
Mr. Morrow:
Yes, without tying him down real specifically, but a little bit of
leeway for the number of trucks of the size he talked about.
Mr. Taormina:
Yes.
Mr. Morrow:
Thank you.
Ms. Smiley:
Those trucks are all for your business? They're not anybody
else's? They are all owned by Angry Bear?
Mr. Scicluna:
By me or the business.
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Ms. Smiley:
We liked the Ford commercial too. Thank you.
Mr. Scicluna:
You're welcome.
Mr. Shane:
Do you understand the problem that the Building Department
had with respect to parking?
Mr. Scicluna:
The packing spots?
Mr.Shane:
Yes.
Mr. Scicluna:
Yes. I guess on the drawing they weren't correctly drawn to
scale, but we did count the spots and they are 10 feel wide and
20 feet long. It's just the drawing was ... they added some
spots or something, but all the spots are the correct size.
Mr. Shane:
Okay, and they're not located in the nghtof-way like it says
here?
Mr. Scicluna:
No, they're not.
Mr. LaPine:
Just one question. Do you have any front loaders you keep
there?
Mr. Scicluna:
Yes.
Mr. LaPine:
How many?
Mr. Scicluna:
We have two skid loaders and one wheel loader, which I guess
is classified as a front-end loader. They're usually parked
indoors.
Mr. LaPine:
Do you keep any shrubs there that you transport to the different
locations?
Mr. Scicluna:
We usually buy it and then put it in the next day. We don't have
a facility with sprinklers to keep it living for any extended period
of time. They might be there just overnight until we can plant
them at our customers' homes.
Mr. Alanskas:
On your landscape plan, you're showing that you're pulling in
five blueboy hollys?
Mr. Scicluna:
Yes, sir.
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Mr. Alanskas: I'm sure you know, because you're in the business, but hollies
have to germinate. You have to have boy girl boy girl.
Mr. Scicluna: Right. We'll have at least one female in the bunch so we can
gel some berries.
Mr. Alanskas: Fine. Thank you.
Mr. Shane: I'm just curious. Where did you gel the name "Angry Bear?"
Mr. Scicluna: Its a long story, but the guy that made it up said everyone will
remember it. Some people won't like it, but he said everyone
will remember it. So that's what I stuck with.
Mr. Walsh: Is there anybody in the audience that wishes to speak for or
against this petition?
Barry Aqwa, 38915 Horton, Farmington Hills, Michigan. I own the property
directly west of Angry Bear. I also operate my business in that
property. The name of my business is Barron Mechanical
Contractors. We operate a sheet metal manufacturing shop at
that location as well as our general offices. Angry Bear and I
have owned our property both about the same time, for about
two years I would say as of today, about the same time two
years ago. We had extensive environmental testing done on
our property prior to buying it at considerable expense,
consisting of soil borings through the pavement and then very
serious analysis of that soil boring to make sure we didn't have
contaminated property. I have no bone to pick with Angry Bear.
I mean they plow my snow. They do a good job. But for the last
two years, they've used the rear of that property as a dumping
area. They have 55 -gallon drums back there. I don't know
what's in those drums. Open bags of fertilizer lying on the
ground. Bags of sand lore open lying on the ground. They've
had a truck parked back there now for two years with no engine
in it. I looked out there yesterday and there's an engine hanging
from a hoist in their backyard. I don't know where the oil is
going in that engine. They recently began to clean it up, and
about a week later I got a copy of their petition to store
landscaping materials in the back. I also have photographs with
me of the property in its current stale. Its much improved but
its still a disaster back there. My concern is that they are going
to store pesticides back there that are going to leach into my
soil. Someday when I go to sell my property, the next guy is
going to say, okay, Mr. Aqwa, you're going to pay to lake these
pesticides out of my soil. I do not want to tell him how to live on
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his properly, but I don't want him endangering my property. We
have a picture of my property here. We keep our building up
wonderfully. We put a couple hundred thousand dollars in
improvements before we moved into it two years ago. And
again, I'm very concerned about the usage back there. If all he
wants to do is park vehicles back there, I have no objections to
that. Its his property. But I sure as heck don't want to see
pesticides and nitrates coming into my soil. I am right next door
to him. I would certainly appreciate it if the City of Livonia made
specific assurances with him to protect my investinenl and my
property. Thank you very much.
Mr. Walsh: Thank you, sir, for being here tonight
Mr. LaPine:
Mark, what can we do about this? Is there anyway we can have
that checked out?
Mr. Taormina:
Well, I think we can condition any approving resolution to limit
the types of outside material and exclude certain other
materials. Or are you talking about checking outthe actual soil?
Mr. LaPine:
Yes. At this point, I think the gentleman has a legitimate gripe.
If there's a problem there now, let's not increase it. Do we have
any policy where we make sure that the property is clear of any
environmental problems?
Mr. Taormina:
No, the City doesn't perform any testing that I'm aware of. But
in terns of making sure lhallhe property is kept clean, there are
codes that specify that, and that's an enforcement issue. As a
matter of fact, this is a case where there is currently
enforcement action pending. It's awaiting the Planning
Commission's and Council's review of this petition.
Mr. LaPine:
Okay. I just want to make sure we're not causing any problems
for the gentleman's property next store, and that the things
that's he going to store there in the future is not going to cause
any problems.
Mr. Taormina:
I concur. I'm not sure why he would want to store any of those
types of materials outside. Those are materials that are
typically kept indoors because they're not maintained like other
bulk storage materials, sand and gravel and mulch and things of
that nature. I think this is a question that we can pose to the
petitioner, but it seems to me that if, in fact, his business does
use those types of materials, that we would want to know where
those are being stored, how they're being handled and have
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somewhat of an assurance that they're not going to be kept
outside and be exposed in a manner that would find themselves
eroding into the storm drains. I think we ought to pose that to
the petitioner and then possibly embody some of those
concerns into the approving resolution.
Mr. LaPine:
Okay. Thank you, Mark.
Mr. Walsh:
Is there anybody else in the audience that wishes to speak for
or against this petition? Seeing no one, I'm going to close the
public hearing. Are there any additional comments or questions
from the Commissioners?
Mr. Alanskas:
I just have one to the petitioner. What do you plan on doing to
clean up the area in regards to the car and the motor?
Mr. Scicluna:
We got a letter from the City inspector. He gave us some
insight on what we should be doing regarding cleaning up the
property more and painting lines and such. We intend to do
that.
Mr. Alanskas:
See, that's the problem we always have with this type of
business is when the pelifionerwants to come before us to have
something done, they dean it up, and then six months later, it's
back in the same condition with vehicles and things that you
shouldn't have back there.
Mr. Scicluna:
I'll give you my guarantee. I mean I've been in business for 16
years, and I know the vehicle he's talking about is an eyesore.
We did kind of move it out recently to make room, I guess.
Mr. Shane:
Well, let me ask you specifically about the kind of materials this
gentleman was concerned about. Do you have any intention of
storing fertilizers and other types?
Mr. Scicluna:
To my knowledge, I have never stored fertilizer ever at the
property. We are not a fertilization company. We do have
some bagged product, which is ice melter. I'm assuming we
don't spread nitrates or fertilizers, and we definitely, to my
knowledge, don't have anything stacked outdoors that is a
fertilizer or anything like that. We do have oil drums in the back
that we use for lubrication for vehicles and what not. That area I
guess could be cleaned up, but I don't know anything about any
fertilizers or pesticides or anything like that stored outside the
property whatsoever.
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Mr. Shane:
Do you store it inside? Do you have any on-site?
Mr. Scicluna:
The only thing we use is Round Up, a herbicide that we spray.
And that is stored inside. And that's it.
Mr. Shane:
Well, I guess I might be concerned about the oil drums. How
many oil drums do you have back there?
Mr. Scicluna:
I'd say four or five.
Mr. Shane:
Do you lake it somewhere to a drop-off site? Does somebody
come and gel them?
Mr. Scicluna:
The same company that fills them takes them away when
they're full or sucks them out.
Mr. Shane:
How often?
Mr. Scicluna:
I couldn't tell you exactly. I'd say probably twice a year.
Mr. Shane:
I guess that might be some concern to this gentleman because
oil drums, particularly if they gel old and rusted ...
Mr. Scicluna:
Oh, I can understand that he probably doesn't like looking at
them and I can ...
Mr. Shane:
Maybe there's some other way you could store those?
Mr. Scicluna:
Oh, definitely. I have no problem with that.
Mr. Shane:
Thank you.
Mr. LaPine:
Just one question. Do you change the oil there on your
vehicles? Do you have a hoist to hoist them up or do you jack
them up? How do you change the oil? Where does the oil go?
Does d drop into the soil? Does it drop into a can?
Mr. Scicluna:
No, we don't have a hoist. We just crawl underneath them
inside the shop. The drums have oil in them to begin with, and
then when they're empty, we put the used motor oil in them and
then they pick up and replace it.
Mr. LaPine:
So the oil changes are done inside. They're not done outside
on the ground?
Mr. Scicluna:
Correct.
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Mr. Walsh:
Are there any other questions from the Commissioners?
Anything you'd like to add, sir?
Mr. Scicluna:
Nope.
Mr. Walsh:
A motion is in order.
On a motion by Smiley, seconded by Shane, and unanimously adopted, it was
#07-96-2004
RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on July 6, 2004, on
Petition 2004-05-02-26 submitted by Angry Bear Lawn Care,
Inc. requesting waiver use approval for outdoor storage of
landscape supplies and equipment at a business at 30443
Industrial, located on the south side of Industrial Road between
Merriman Road and Middlebell Road in the Northwest % of
Section 26, the Planning Commission does hereby recommend
to the City Council that Petition 2004-05-02-26 be approved
subject to the following conditions:
1. That the Site Plan submitted by Angry Bear Lawn Care,
received by the Planning Commission on May 13, 2004, is
hereby approved and shall be adhered to;
2. That the Landscape Plan submitted by Angry Bear Lawn
Care, received by the Planning Commission on May 13,
2004, is hereby approved and shall be adhered to;
3. That underground sprinklers are to be provided for all
landscaped and sodded areas, and all planted materials
shall be installed to the satisfaction of the Inspection
Department and thereafter permanently maintained in a
healthy condition;
4. That all commercial vehicles, equipment and materials
shall be stored in an orderly fashion within the rear yard
storage area;
5. That all trailers shall be stored in the designated area in the
rear yard storage area as shown on the site plan;
6. That the equipment to be stored in the designated rear
yard storage area shall include the following:
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a) Three (3) utility/landscape tandem axle trailers 14 to
20 feet in length;
b) Seven (7) light to medium pick-up/dump trucks (F-
350, F-550 and F-650);
c) Two (2) skid -steer loaders and one (1) front
end/wheel loader; and
d) one (1) chipper
7. That the storage of bulk material shall be limited to one bin
located adjacent to the east property line in the rear
storage area as shown on the site plan;
8. That the outside storage of fertilizers, pesticides, oil drums,
or other hazardous materials is prohibited;
9. That the existing 50 -gallon oil drums stored outside shall
be relocated to inside the building;
10. That all vehicle and equipment maintenance operations
shall be performed inside the building;
11. That the outside stacking or stockpiling of materials shall
not exceed eight (8) feet in height above ground level;
12. That there shall be no outdoor storage of inoperable
vehicles or equipment, scrap material, debris or other
similar items generated by the subject use;
13. That the unimproved portion of the rear yard storage area
shall be surfaced with crushed rock or gravel prior to the
issuance of the Certificate of Occupancy by the Inspection
Department and shall be maintained in a dust -proof
condition, and said storage area shall be properly graded
and drained to dispose of all surface water in a manner as
approved by the Engineering Division;
14. Thallhe following issues as outlined in the correspondence
dated May 24, 2004 from the Inspection Department shall
be resolved to that department's satisfaction:
- The aisle on the east side must be 22 feet wide and
parking in the lot on the east side of the property shall
be double striped, including the provision of barrier free
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parking, and all regular parking spaces shall be 10' x
20' in size as required;
There shall be no parking in the Industrial Road right-of-
way;
All car parts stored outside, inoperable vehicles and
stacks of brush and debris shall be removed from the
site; and
15. That the plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time of
application for the Certificate of Occupancy.
Subject to the preceding conditions, this petition is approved for
the following reasons:
1. That the proposed use is in compliance with all of the
special and general waiver use standards and
requirements as set forth in Sections 16.11 and 19.06 of
the Zoning Ordinance #543;
2. Thatthe subject properly has the capacity to accommodate
the proposed use; and
3. That the proposed use is compatible to and in harmony
with the surrounding uses in the area.
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. Walsh: Is there any discussion?
Mr. Shane: Yes. I'd like to ask the maker of the motion if you would have a
problem adding something having to do with hazardous
materials storage and disposal?
Ms. Smiley: I have no problem with that. Is there someway we can write that
in there, Mark?
Mr. Shane: Yes, can you prepare some proper language that would address
that?
Mr. Taormina: Is the concern that there not be any outside storage of
pesticides, fertilizers or similar types of materials?
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Mr. Shane:
And that they are properly disposed of.
Mr. Taormina:
What about the oil drums? Is it the intent to relocate those to an
inside area?
Mr. Shane:
Yes, that would be good.
Ms. Smiley:
I think he's agreed to that, right, sir? Our petitioner, did you
agree to store the oil inside?
Mr. Scicluna:
Sure.
Mr. Morrow :
I'd like to ask the maker and supporter of the motion if we could
confine that waiver to what the petitioner indicated he was going
to store.
Mr. Walsh:
So we have a friendly modified motion on the table.
Mr. Alanskas:
And one more modification to the maker, to make sure that all
vehicles maintenance is done inside the building, not outside.
Ms. Smiley:
I agree to that.
Mr. Walsh:
Any further questions or comments? Hearing none, would the
secretary please call the roll. The motion passes. It will go on
to City Council with an approving resolution.
ITEM #5 PETMON 200405-02-27 GREEN ACRES
Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2004-
05-02-27 submitted by Daniel Jamieson, on behalf of Green
Acres Landscaping, requesting waiver use approval for outdoor
storage of trucks in connection with a proposal to operate a
truck rental business at 29615 Eight Mile Road, located on the
south side of Eight Mile Road between Beatrice Avenue and
Hugh Avenue in the Northeast % of Section 2.
Mr. Taormina presented a map showing the properly under petition plus the
existing zoning of the surrounding area.
Mr. Walsh: Is there any correspondence?
Mr. Taormina: There are four items of correspondence. The first item is from
the Engineering Division, dated June 7, 2004, which reads as
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follows: "Pursuant to yourrequest, the Engineering Division has
reviewed the above -referenced petition. We have no objections
to the proposal at this time. All gravel -surfaced areas must be
paved with asphalt or concrete. Additional right-of-way is not
required at this time. The legal description to be used for this
waiver use is provided." The letter is signed by Robert J.
Schron, P.E., City Engineer. The second letter is from the
Livonia Fire & Rescue Division, dated June 8, 2004, which
reads as follows: "This office has reviewed the site plan
submitted concerning a request to use a portion of the property
for outdoor storage of trucks in connection with a truck rental
business on property located at the above- referenced address.
We have no objections to this proposal." The letter is signed by
Randall D. Tromblay, Fire Marshal. The third letter is from the
Division of Police, dated June 24, 2004, which reads as follows:
"We have reviewed the plans in connection with a proposal to
use a portion of the property for outdoor storage of trucks. We
have no objections to the plans as submitted. We did note that
the handicap parking space needs to be property signed per
City Ordinance and the lines for the parking spaces need
repainting." The letter is signed by Wesley McKee, Sergeant,
Traffic Bureau. The fourth letter is from the Inspection
Department, dated June 9, 2004, which reads as follows:
"Pursuant to your request of June 1, 2004, the above -
referenced petition has been reviewed. The following is noted.
(1) In any case the salt storage structure was not a permitted
structure and will have to be removed. (2) On date of site
inspection (614/04), mulch storage pile exceeded 8 feet in
height. (3) On June 4, 2004, eight vehicles were parked in the
lot, two of them were parked where parking is proposed. It
seems as though no parking will be available for the proposed
new rental customers. (4) The parking must be double striped
with provision for proper barrier free parking, property sized,
signed and marked. (5) The northwest comer of the site has
relatively new concrete and not the landscaping depicted on the
plan. (6) One of the large screening pine trees on the east
property line is dying or dead and will leave a void once
removed. (7) The area west of the driveway on Eight Mile Road
is rocks and dirt and in poor repair. This Department has no
further objections to this petition." The letter is signed by Alex
Bishop, Assistant Director of Inspection. That is the extent of
the correspondence.
Mr. Walsh: Are there any questions from the Commissioners for staff?
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Mr. Piercecchi: Mark, inasmuch as a waiver use approval runs with the land,
this is now a third waiver we have for this, right?
Mr. Taormina: That is correct.
Mr. Piercecchi: Is everything lhatwas approved in the firsltwowaivers still good
here, or should some of these be negated? When you look at
what he's got, four trucks, two tractors, a Case 580 farm tractor
and a 43340. The second petition was four pickup trucks, one
front end loader, four trailers, six snow plow blades, along with
bulk storage. Should these other two waivers be negated? I
don't see how he can park all that stuff on that little piece of
property.
Mr. Taormina:
I don't believe the site has the capacity to accommodate all of
the items of equipment you just mentioned and, in fact, the site
plan that has been submitted in connection with this petition
does not show all of those items. It only shows the storage bins
at the rear of the property, as well as the parking spaces
proposed in connection with the truck rental business. I'm not
sure what other types of outside storage are proposed. Unless
we modify those earlier waiver use petitions, then they would
still be valid, certainly. But if we approve this site plan at least in
connection with the truck rental business, to the extent that we
approve it, subject to a certain site plan, and where the site plan
does not show those other items, they would not be able to
conduct both those businesses at the same time.
Mr. Piercecchi:
In other words, what you're saying is, in effect, we're going to
negate them.
Mr. Taormina:
The site plan would supercede the earlier plans to the extent
that it would show the trucks in locations where the other
material and equipment was being stored. So to the extent he
wants to continue with the truck rental business, those other
items could not be stored in the locations where they were
shown on the original approved site plans.
Mr. Piercecchi:
Okay, so when we approve the site plan, we in effect approve
everything that is permissible in that site. So the other two
waivers do not go with the property then.
Mr. Taormina:
You'll approve it subject to a specific plan showing where all the
items are to be stored on the properly, and I think that's
probably the best way of describing it. Thal would be the plan in
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effect and in connection with the use of the properly to include
the truck rental business.
Mr. Piercecchi:
It wouldn't be simpler if we just negated the waivers one and
two?
Mr. Taormina:
I don't know that we can do that. I don't know that the effect of
the resolution would rescind those previous waiver uses
because if for some reason this properly doesn't sell or if it goes
to another owner who wants to use it in the same fashion that
was approved previously by the earlier petitions, then I think that
would be their right. As was indicated earlier, these waiver uses
do run with the land. Again, if he utilizes the property for the
truck rental business, it's going to be based upon the plan that
we approve this evening or that the Council will ultimately
approve, and all of the elements of that plan must be adhered
to.
Mr. Piercecchi:
Okay, so in effect we're conditioning it to the site plan. So in
effect, one and two are gone.
Mr. Taormina:
The site plan would be a condition of the waiver use approval.
Mr. Piercecchi:
Okay.
Mr. Morrow :
Through the Chair to the staff, could you review that existing
block building as zoning. Did I hear you say at one time that
was M-1 when the prior petition when through as it related to the
greenbelt, and then somehow it got into a residential
classification?
Mr. Taormina:
Yes. The staff analysis provided some detail relative to the
rezoning of that property. Apparently, up until just a couple
years ago, that property immediately to the south of this
property was zoned M-1. It was rezoned to a residential
classification.
Mr. Morrow:
But they never changed the use. Is that what we're saying?
Mr. Taormina:
Yes, a nonconforming industrial use exists on the property to
the south of this property.
Mr. Morrow :
I mean would it make any sense at a later date to come back
and review whether or nolwe, under our own motion, put it back
in its use?
21506
Mr. Taormina:
The Planning Commission could do that.
Mr. Morrow:
We could always look at it from that standpoint inasmuch as
they're asking to waive that wall and greenbelt, I mean. So
maybe we could look at that later on and see if it makes any
sense to put it in the use that it's being used as. That's all I
have.
Mr. Shane:
Maybe in further answer to you, Lee, a year or two before I
retired, the Planning Commission took it upon itself to effect
some rezonings along Eight Mile Road to try and adjust that
zoning line that used to cul across property lines and didn't
make any sense. That's why this happened. It doesn't make it
all right, but that's what they did at the time.
Mr. Morrow:
It was kind of peculiar what I read, that we went from k41 to
residential but kepllhe M-1 use.
Mr. Shane:
The other comment I wanted to make was that if someone
wanted to go back to this other former waiver use, they would
have to prepare a different site plan. Isn't that what you said in
order to accommodate that other use? Let's say that this
petitioner sold it to somebody else, and that somebody else
wanted to operate as one of these other waiver uses that hadn't
been approved, I guess they could only do that if they modified
the site plan to where it would accommodate it. Is that a fair
statement?
Mr. Taormina: I think that is a fair statement. If a future owner or this
petitioner, for that matter, wanted to revert back to one of the
earlier site plans, I'm not aware of any provision in the
ordinance that would prevent them from doing so as long as
they complied with one of those original approved site plans. If
on the other hand, they wanted to modify it to something
different than any of the plans that have been approved for this
site, then that would certainly require reconsideration on the part
of the Planning Commission and Council.
Mr. LaPine: Following up on what Mr. Shane just said, I'm a little confused
here. Are we saying that in the future, if this gentleman should
sell the property and a new owner lakes over, he could revert
back to one or two of the prior waivers that were granted on this
properly, and use that as a reasoning to put the type of
equipment he wants to put on it? He could do this? It seems to
me, that once these people have abandoned the waiver that
was in there, the trucks, the snows plows and such things, that's
21507
gone, finished, complete. That should no longer be a waiver
use.
Mr. Taormina:
Again, I'm not aware of any provision in the ordinance that
would negate those earlier approvals.
Mr. LaPine:
Maybe that's something we should look at in the ordinance.
Mr. Taormina:
We can pose that question to the Law Department, but waiver
uses are not typically handled in the same manner as non-
conforming uses where there's a measure of abandonment that
is considered. Again, these are approvals that run with the land.
I know these are indefinite. We can certainly look into that.
Mr. LaPine:
Okay. Thank you, Mr. Chairman.
Mr. Walsh:
Is the petitioner here this evening? Sir, if you would give us
your name and address and lel us know if you would like to add
anything.
Daniel Jamieson, 23086 Hayden, Farmington, Michigan 48337. We're just going
to be putting a truck rental into the property.
The trucks will be
parked behind the fences, and there are pine
trees that will be
covering the trucks.
Mr. Walsh:
Why don't we go to some questions. Mr. Alanskas?
Mr. Alanskas:
Sir, in your letter dated June 22, you said that you would have
six dedicated vehicles from Corporate and then you name what
they are. Could you give me the process of how these are
rented out? Is it done on a weekly or daily basis?
Mr. Jamieson:
We have some that are rented on a yearly basis, then some that
are monthly and then daily, even half the day.
Mr. Alanskas:
If someone rents one by the day, how is it returned to you?
Mr. Jamieson:
Its usually returned either at night or the next following morning.
Then we have a drop box with the key that the individual drops
the paperwork with the key in the box and then we come in at
6:00 in the morning. We move the vehicles back behind the
fenced area.
Mr. Alanskas:
Because you say you would have four 24 -foot trucks, one 15
and one 10. What if someone came and said they'd like to rent
21508
a much larger truck that you don't have on-site. What would
you do?
Mr. Jamieson:
We don't carry anything larger than a 24 foot vehicle.
Mr. Alanskas:
Do you get requests for larger trucks?
Mr. Jamieson:
No. That's the largest that we can supply.
Mr. Alanskas:
Thank you.
Mr. Shane:
You're in the landscape business. What do you do with your
other landscaping equipment?
Mr. Jamieson:
We store it at Timmer Construction which is walking distance
from this site. It's on the Farmington Hills side of Eight Mile.
We've been there since 1981.
Mr. Shane:
So, all you're going to have on this site are the rental trucks,
employee cars and some bulk storage bins. Is that correct?
Mr. Jamieson:
Yes. There's actually only one employee besides myself that's
there at the time. All the other employees park at Timmer
Construction.
Mr. Morrow:
Would there ever be an occasion where another Budget Rental
would drop
off a truck at your particular facility? I'm thinking in
terms of like
a one-way. Say they rented in Traverse City and
then they leave it with you. Would that be possible?
Mr. Jamieson:
Yes, that's possible.
Mr. Morrow:
So we could be above that six number?
Mr. Jamieson:
It could happen, but it's probably rare. I mean like I said, we
have one individual that rents the trucks on a yearly basis, and
that truck never comes back. He just comes in once a week
and renews the paperwork for the vehicle.
Mr. Morrow:
If you did have a surplus, would they be stored in that fenced
area?
Mr. Jamieson:
Yes.
21509
Mr. Morrow:
Would they be there until you subsequently rented it out? I
guess what I'm trying to determine is, does your inventory
increase as time goes by?
Mr. Jamieson:
Right. Well, we utilize all the trucks in the whole area. So say a
one-way truck comes in from Traverse City. Livonia might need
a truck, the location on Plymouth Road or the other Farmington
Hills location. So they'll come pick the truck up because one-
way trucks are rare to come by.
Mr. Morrow:
It doesn't look like you've got a lot of extra room there. It would
behoove you to, rather than slacking them out front or cramping
your back, to try and gel rid of them in some fashion. I don't
know how you'd do it. I don't know if you could transfer to a
larger facility or whatever.
Mr. Jamieson:
That's what we usually do or I have the overflow at Timmer
Construction where I can put more vehicles at that location.
Mr. Morrow:
All right. Thank you.
Mr. Jamieson:
That's actually where we keep the car -hauling trailers.
Mr. LaPine:
Sir, I'd like to discuss some of the things you have on the
property. You've got that half-moon storage area where I think
you store your salt. Is that what that was used for?
Mr. Jamieson:
Right. That was the previous owner.
Mr. LaPine:
Okay. That's going to come down, correct?
Mr. Jamieson:
Yes.
Mr. LaPine:
Its mounted on what looks like highway barriers. They're big
wide barriers. That's what they're mounted on. All those
barriers are going?
Mr. Jamieson:
Yes. The old owner is going to be taking those with him.
Mr. LaPine:
Behind that, there's a big pile with a big black tarp over it.
What's in there?
Mr. Jamieson:
I'm not sure.
Mr. LaPine:
You're not sure.
21510
Mr. Jamieson:
A black tarp?
Mr. LaPine:
Its right to west of the moon area.
Mr. Jamieson:
I'm not sure.
Mr. LaPine:
Behind that, it looks like there's some steel beams behind there.
Who owns those?
Mr. Jamieson:
The previous owner.
Mr. LaPine:
All that sluff is going to be cleared out of there?
Mr. Jamieson:
Yes.
Mr. LaPine:
Is that going to be all cleared out of there and cleaned up before
you go into the rental business?
Mr. Jamieson:
Yes.
Mr. LaPine:
Okay. There's a couple other things. Unfortunately, I wrote
them down on anothersheel. I look allhal area and ilseems to
me the area is just not big enough to accommodate two different
businesses. Maybe I'm wrong. Maybe if the place is cleaned
up correctly, it could operate. The other problem I have, I have
kind of a sore spot in me about rental trucks and rental
businesses per se. They say they're going to have six trucks.
Six months from now, all of a sudden I look there and they have
10, 12 trucks. There's no way for me or anybody else to really
police that. I'm happy you're going to clean it up, but I must say
I just don't think the property is large enough to accommodate
two different types of businesses. Thankyou.
Mr. Jamieson:
May I comment on that?
Mr. Walsh:
Yes.
Mr. Jamieson:
The facility on Plymouth Road handles the majority of the truck
rentals. That's like the storing ground for trucks. We're so close
we can't even compete with that Budget truck dealer. I mean
its just so large of an operation.
Mr. LaPine:
Well, I won't tell you the problem with Budget truck rental.
That's another story.
21511
Mr. Walsh: Any other questions for the petitioner? Hearing none, I'm going
to open the floor to the audience.
Edie McGahan, 20507 Hugh Street. First of all, I'd like to say I don't envy your
job. Thanks for slaying so Tale. I'm the first residential home
south of the properly in question. I'm here on behalf of some of
the other homeowners who live on Hugh, Beatrice and Fremont
Streets. I guess my first question is, he is going to use two
businesses out of this, if I'm understanding it correctly - a
landscaping business and the rental truck business. Is that
correct? Am I understanding that correctly? We've had many
problems with the current landscaper. As we understand it, Mr.
Jamieson would be, as I mentioned, doing both the outdoor
storage of trucks and truck business rental as well as the
landscaping, Our understanding, first of all, was that the original
company that's there, we didn't realize they had authorization
for a side entrance off of Hugh Street, which creates a lot of
problems for our area. They have trucks, huge semi's, coming
down the side streets to deliver mulch, boulders, and salt. In
this case, they're going to be removing the salt barrier, he
indicated, but you still have the delivery of the mulch and the
boulders and all other landscaping things that you normally
would use. There's no sidewalks in our neighborhood, so there
are kids roller blading and riding bikes. These semis coming
down the street, first of all, they don't go the speed limit they
should be going, and then they block the road when you're
trying to gel out onto Eight Mile Road. One of our neighbors,
Mr. Nesbitt, asked them to move their vehicle at one point, and
they started arguing with him and became belligerent. So he
called the police and the weigh master, and it was addressed
that day. But it's right back to it again as soon as that incident is
over. We have the same problem. We have a constant flow of
those semi -trucks coming up and down the streets. I didn't think
they were allowed on residential streets. And I incorrect in that?
I mean two tandem semis. They're loaded with mulch and
boulders that come down Hugh, Beatrice and Fremont Streets.
One of the other neighbors on Beatrice indicated that they'll
come and pull up in front of her home and eat their lunch there
because they can't gel unloaded yet, and they'll just park in front
of her house idling. We've also had a problem with the overflow
from Angelo's, which is another landscaping company right
across the street. In the wintertime, it's crazy around there.
They don't have any room to gel in. This little area he wants to
go in, I can't imagine him doing rental trucks and landscaping.
They can't fl in there now and they're lined up on our streets.
These semi's will unhook one of them, leave them sitting in front
21512
of your house, drive around, unload that, and then come back
unhook that one, hook the other one up, it's just a mess. It's
very, very inconvenient for all us there. They start sometimes at
4:00 in the morning. They sit there and wait for them to get
loaded or unloaded, and once they do that, they pull in there.
You have this loud banging when they're emptying these trucks
trying to gel everything out of the truck. It wakes everybody up
in the immediate vicinity. I mentioned the lineup in the streets.
They wail for Angelo's and his location. The guys from Angelo's
can see Angelo's right from our side street. So they'll park there
and they can see when another truck pulls out. So then they'll
all wail in line. The next one will go, and then the next semi will
pull up. No one has ever policed that. I mean we've called and
they do address it that time, and the guy will always say, oh,
we'll take care of it the next time. And it never gets corrected.
We're having a hard time understanding how he's going to deal
with two businesses out ofthere when they currently do one and
its overflowing. We're very concerned. I don't know if there is
any way to gel any signs to tell the semi drivers within the
neighborhood that they can't come through there, not that it will
slop them, but at least it would give a legal sign for them to not
come through our residential area. The neighbors and I signed
a petition, which I will present to you as well. We've got about
44 signatures. There's a lot of people on vacation for the
holiday so we definitely could gel more that are opposed, 100
percent opposed to this petition. We do have photos that we've
taken of the side entrance. I heard you earlier say that it was
approved at one point. I never did hear about that. Perhaps I
didn't get that particular petition, but it causes a lot of problems
on the street. They block driveways. It's just a mess. I hope
I've addressed everything. My supporters are behind me here,
so if I forgot anything, please come up. Thank you.
Gail Silvemail, 20404 Fremont, which is one street over. I heard the gentleman
say that after they close, trucks can be dropped off and then
they have a drop box for the key. Did I understand that
correctly?
Mr. Walsh: Yes.
Ms. Silvernail: So if they close at 5:00 and I'm having company at 8:00, I've got
these big Budget trucks on the road, and they're going to sit
there until 6:00 in the morning until they come in and remove
them. I have a real problem with that because lel me show you
a couple pictures. I've been here many times, and I have fought
many times. I live on Fremont and right between Fremont and
21513
Hugh, there is an auto place that went in. I don't know if any of
you were on this Board at the time, but about 12 years ago, we
were told 10 minute, 20 minute oil change, no overnight parking.
Well, I'm here to tell you, they are double stacking the cars. I've
called the City, and the City says, we're closed after 5:00. They
tell us all these cars will go.
Mr. Walsh: Ma'am, please restrict your comments to tonight's petition.
Ms. Silvernail: I understand that. That's what's I'm getting at. These Budget
trucks are going to come in and get left Friday night. If they're
not open Saturday or Sunday, they're going to be there. Then if
they have an extra truck, more than six, because that's what
they're going to be allowed to park in the back, it's going to sit in
front. Before you know it, you guys rezone things and you lel
things go in, but the City never polices it because the City goes
home at 5:00. The City doesn't work on the weekends. And
this is what we live with. We live with the City saying you can
do this, you can do this, you can do this. And they gel in, and
that's what is at the end of our neighborhood. Right there. I'm
opposed to this. I was opposed to Clippers going in and I fought
that because as this gentleman, Mr. Taormina, read the one
article, if I heard him right, saying that the salt bin wasn't
approved and they're over stacked loo high on their mulch. I
live just about 300 feet from there, and I was never notified
about the side entrance. I was never notified about the salt bin
because I would have been here because I have fought for 25
years about that piece of parcel when Angelo owned it because
there was no salt wash off. There's not a special bin for the salt
to wash away. It went right into our sewer system. I was not
notified. If I was, I would have been here. That's what I'm
saying. You change these waivers. You let things pass and
then you can't police it. We once were told we're the slums of
Livonia. We're not. We have very beautiful homes. If the City
still considers us the slums of Livonia, it's because you lel things
like this happen. You lel these people go in and then you can't
police it. We live there 24 hours day. Our company comes, our
friends come, that's what they see. You wouldn't see buildings
like this with all these cars right outside here on Five Mile. You
have nice homes in this area. Why don't you allow that? We
may not pay as high a lax as some three and four and $500,000
homes, but we do speak at the polls just as well as they do.
We're getting tired of this. We keep our homes up. We have
nice houses. We're working really hard to regenerate the area.
Our homes have come a long way. But if you let this gentleman
come in, I guarantee on weekends when they rent out their
21514
trucks, the drop box, the keys will go in them, and we have to
look at the trucks in the front yard until they get there on
Monday morning. I'm going to tell you a quick little storyabout a
little girl who is here visiting. She's from Alabama, and she's
visiting my good friend and neighbor, Al, his granddaughter.
And when she told her friends from Alabama that her grandpa
lived off Eight Mille, they said, oh my gosh, Eight Mile is a junky
area. Well, of course, they're referring to the movie "Eight Mile"
with Eminem. So I look a little ride along Eight Mile. Just in
three blocks we have USA Transmission, cars parked 24 hours
day. It looks like a dump. We've got, thank goodness Siding
World moved out and now roofing is there. They've done a
really nice job. But then we've got that car place that I showed
you. Now if Budget Trucks go in there, we'll have trucks parked
over the weekend. I don't know this gentleman, and he might
be a nice guy. But you're not going to police him on the
weekends, and you're not going to police him after hours, and
we live there 24 hours. And I would backup what Edie said
about trucks. You have no way to police these Budget trucks
from these people because Eight Mile and Middlebell is such a
congested area at rush hour time. Everybody cuts those
corners. Everybody. I've seen a little girl almost hit by a
Clippers truck on her bike. We can't keep the trucks out of our
neighborhood. I'm one block south of Eight Mile, one block in
from Middlebell. These trucks keep coming in. You're not
going to be able to keep out these people that are running these
trucks. What's he going to do? Tell everybody it's illegal to go
through the neighborhoods, so you can't. That doesn't mean
they're going to listen. So we're just going to add more trucks
coming and going from the neighborhood. I ask you, I pretty
much beg you, to help us out here. You see the pictures. You
see what we live with. Do you want that at the end of your
street to keep going the way it looks now? I fight, I fight. I call
the guy at the City all the time. They're parking on the City
lawn. Can you help us? He comes out, tells them to move. I
tell him they're running the trucks up and down the street. Can
you help us? He says, they said they don't do it. What do I
have to do, video tape it for you? Because I will. This is my
neighborhood. I choose to live here. I love the City of Livonia.
My neighbors, I know, choose to live here. You're making Eight
Mile look like the video of Eminem's Eight Mile. It's looking
trashy and I don't like it anymore. I love my neighborhood, but
I'm embarrassed to have company come down Eight Mile. I try
to bring them in off Middlebelt. Please reconsider what he
wants for our sake, for the neighborhood. For once, think of the
neighborhood and not the businesses. Thank you.
21515
Sandra DeWaler, 20335 Fremont. I can't add much to that, believe me. But
someone had mentioned the hodgepodge or the apple, cherry
and pumpkin pie all in one piece of land, and it just doesn't
seem to work. How you can overlap one permission to another
permission, to another permission, does kind of boggle my mind
as well. Someone also mentioned the dead tree, once it's gone,
because its huge, you're going to see through. That's the least
of what you're going to see through because you got the picture,
the one with the big dome. You can see how huge those two
fences are, the gales. You're going to look right into the trucks.
They're not going to be hidden. Those gates are loo huge to be
hiding any trucks. When you go down that street, you are going
to see those trucks. You know, when you see a house and it
looks reasonable, you think, well, this house looks pretty good
and you see a bunch of chairs lying in the front yard all
scattered. You're going to think what's behind that door of the
house? It must be a mess in there. Well, that's what's
happening to our neighborhood. You go down Eight Mile and
you think, what can be behind that Eight Mile mess in that
particular area because it is car lot, after car lot, after car lot,
after car lot. They've got another Kim's Auto. They've even
gotten so bold that on the easement between their sidewalk and
the street, they made a pavement to park on. The City has
allowed them? I don't know. But they've literally paved
between their sidewalk easement to the road. That's how bold
these people are once they're in. Anyways, I am proud of my
city. I am embarrassed by the entrances. Everybody knows
that you have one chance to make a first impression on
anything, and the one chance anybody comes in off of Eight
Mile for Livonia, because that's your perimeter, that's what they
see. That's what Livonia is. That's not just what our
neighborhood is. Livonia is right there. Farmington Hills you
know when you hit Farmington Hills. You know when you hit
Redford. You know when you hit Southfield. Now they know
when they hit Livonia. Car lots. Car businesses. That's your
first impression of your city is that site that you just saw on all
those pictures. Its not just our neighborhood. It's the City of
Livonia. Thank you.
Kevin Miller, 20414 Hugh. Eight Mile and Middlebell gel pretty congested around
rush hour traffic. A lot of traffic cuts through our subdivision to
gel back onto Middlebell off Eight Mile. My concern is when you
bring your trucks in to drop them off or even to pick them up, to
cul through the subdivision to gel over to Middlebell without the
kids, the animals, the dogs or whatever, in my eyes it causes a
21516
safety issue. There's people that go through the yield sign at
the comers. They run the yield signs. These people don't
belong in our neighborhood. They cut through our
neighborhood all the time. Now you're going to bring in a truck
rental company to cut through our neighborhoods when there's
kids and other activities going on. There are no sidewalks for
these kids to ride on or roller blade on or do anything on, so
they're in the streets. That's my concern. That's all I have to
say. I'm opposed to it. Thank you.
Ed McIntosh,
I am the owner of Clippers Landscaping. My comments here are
towards the residents. When Angelo's Supply owned this
properly, no one had one good word to say about him or the
property.
Mr. Walsh:
Sir, please direct your comments to the Commissioners.
Mr. McIntosh:
We've put over $80,000 into this property in landscaping,
painting, roofing, the storage bins in back are built to the
specifications of the City. We've cleaned this place up
tremendously, and I would put it up against any place on Eight
Mile on the Livonia side as far as landscaping and the
beautification of the building. We are allotted I believe 11
vehicles and 4 trailers. I don't see where he is asking to do
anything that we aren't doing at the present time, and he's
actually wanting to do it on a smaller scale. He's talking about
six trucks and possibly a landscape truck and trailer. So that's
much less vehicles, much less clutter in the yard. He will have
more control over it and should be able to keep things in order, I
would think downsizing like that. And cul down the traffic in the
residents' neighborhood. This has nothing to do with this
petition, but as far as the traffic and the truck traffic and the
tandem trucks they're talking about, trucks pulls off Eight Mile
into our front parking lot and exit on Hugh and go back to Eight
Mile. Ninety-nine percent of the traffic they're talking about
comes from Angelo's Supply. Nothing comes out of our yard
and goes to Beatrice. It leaves our yard, goes to Hugh and right
straight to Eight Mile. We're basically 150 feel, that side exit, to
Eight Mile Road. There have been times when gravel trains
have blocked their way. I have seen that myself and we asked
them to move. We try to keep that clean. Our delivery times
are 6:00 in the morning. We don't have any trucks sitting out
there at 4:00 in the morning wailing to gel in our yard. Our
delivery hours are 6:00 and we close at 5:00. So we're under
normal business hours. It's a normal business and we operate
between normal business hours on those deliveries, and we try
21517
to keep things under control and take the residents under
consideration with our whole business. We do make mistakes.
I have caught my people going through their neighborhood with
our trucks. That's one thing very severely we reprimand for.
There's an older gentleman right down the street, the first cross
street on Hugh, and he keeps an eye on us like a hawk. If
somebody goes by his house, he's down there knocking on my
door letting me know about it. We do make every effort to keep
our traffic out of there. Residential and business, commercial, I
know its a hard mix, but I feel like we've tried very hard to make
it work. I apologize to these people if we haven't done that and
they think we have abused them. I apologize to them.
Hopefully we can straighten that up.
Mr. Walsh:
Are there any other comments before we close the public
hearing? Ma'am?
Ms. Silvernail:
I'd like to know if this gentleman is going to do salt in the winter
because what the other gentlemen from Clippers didn't tell you
is, I'd come home from work at 10, 11, 12:00 at night when
there's icy roads and not only is Angelo's open to load salt truck,
butsowas he. He'd have salltrucks lined up at 10, 11, 12:00. 1
came home from work at 3:00 in the morning one morning, and
the roads were bad, and he was open shoveling salt with a front
loader onto trucks. That's not normal business hours, and it
backs right up to residential. So what he's telling you is not
totally true. We live there 24 hours a day, and we see what's
going on. He's standing before you saying, we operate during
normal business hours. Maybe when it's nice weather like this
but not in the wintertime. He's running a front loader loading
salt at two, three, four in the morning. His open sign is on. His
gate's open and somebody is manning that building. Is this
gentleman going to be allowed to do the same thing because
that's baloney. That's uncalled for.
Mr. Walsh:
Ma'am. We will take your comments and everyone else's
comments, as well as theirs, into account when we make our
decision. We've heard you both.
Ms. Silvernail:
Well, that's why I am asking if he's going to be allowed to do salt
in the wintertime.
Mr. Walsh:
When he comes forward, I'll have him address that.
Ms. Silvernail:
Thank you.
21518
Mr. Walsh:
Are there any addilional comments from the audience before I
close the public hearing? Seeing no one coming forward, I'm
going to close the public hearing. Sir, you have the last word.
subject to any questions from the commissioners. I will ask your
intentions regarding salt.
Mr. Jamieson:
First, I'd like to address the issue of the weekend truck rental.
We're open seven days a week.
Mr. Walsh:
Let's answer the salt question first.
Mr. Jamieson:
Yes, we are going to do salt with my company. We're not going
to be selling it. It's for my individual company. And then for the
truck rentals, we're open seven days a week. I'm there on
holidays. We have an individual there every day of the week
checking trucks in. We have to close the truck the day it comes
in. We can't prolong it to the next day. My wife hates it, but I'm
there at night sometimes, you know. It's the nature of owning
your own business, I guess. But yes, we will be having salt for
my company.
Mr. Walsh:
Are there any questions for the petifioner?
Mr. Morrow:
The neighborhood brought out these large trucks that seem to
create sort of a problem in the neighborhood. Is that something
that will be a part of your business or is it people across the
street as the other fellow indicated?
Mr. Jamieson:
The largest truck I have is an F350, a three -yard dump. That's
what we use. There will be a delivery truck that comes in, but
I've been at Angelo's and the majority is his business.
Mr. Morrow:
The size of the trucks delivering to your facility, are they the
tandems or the huge trucks?
Mr. Jamieson:
There will be a large dump truck that's going to be delivering.
I'm not sure if it's going to be a tandem truck or a single truck.
I'm not sure about that.
Mr. Morrow:
And will they back in the gale coming in off of Hugh?
Mr. Jamieson:
They could come in either way. They could come in off of Eight
Mile or Hugh.
Mr. Morrow:
Do you give them an option or can you mandate where they
come from?
21519
Mr. Jamieson:
This is all new to me. I could probably give them an option.
This is a new issue I haven't thought of.
Mr. Morrow:
Okay. Thankyou.
Mr. LaPine:
I want to gel this straight in my mind. You will be loading rock
salt there during a period of nighttime when we have bad
weather. Is that correct?
Mr. Jamieson:
Early in the morning.
Mr. LaPine:
What's early in the morning loyou?
Mr. Jamieson:
Four.
Mr. Taormina:
This is in direct response to Mr. LaPine's question. It appears
as if the approving resolution in 1994, which expanded the
waiver use for this properly, did restrict the hours of operation
between 7:30 a.m. and 6:00 p.m. The site plan approval at that
time did not show the additional entry onto Hugh. Then in 1996,
there was a request by Mr. McIntosh to extend the hours of
operation on a 24-hour basis for the purpose of the salt
operation, which was never shown on the approved plan.
Council did, in fact, approve the extended hours on a trial basis
to last from November 1, 1996 through April 1, 1997. Again,
those were extended hours that would allow 24-hour operation
for just the salt portion of the business. I'm not aware that it was
ever renewed or extended by the Council. So with respect to
this gentleman's request this evening, to have those hours
extend beyond what was originally conditioned will have to be
reconsidered by the Planning Commission and the Council. It's
not something that he would be entitled to by virtue of the
previous grant.
Mr. Shane:
Where is your salt to be stored?
Mr. Jamieson:
In the bins. There's six bins in the back of the property right
now.
Mr. Shane:
That bin is large enough for the volume of salt that you think you
need?
Mr. Jamieson:
Yeah, there's six bins. One is 20 by 24. Existing bins are 20 by
20.
Mr. Shane:
Would you be willing to think about closing entries on Hugh?
Mr. Jamieson:
I'll think about that. It's something new.
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Mr. Shane: I mean that certainly would solve the problem with trucks going
down Hugh other than the first time they found out they couldn't
gel in there. Then if there's a way to gel them off of Eight Mile
Road exclusively, it might help.
Mr. Jamieson: Let me look at the plan and then I'll think about R.
Mr. Alanskas: I think we're getting off the track here. I mean, the petitioner
here is for a truck rental business. Unfortunately, the storing of
salt will have no effect even with denying the truck rental
business. I mean, that's what's before us. If there are no more
questions, I'd like to give a denying resolution.
On a motion by Alanskas, seconded by Plercecchi, and unanimously adopted, it
was
#07-97-2004 RESOLVED, that pursuant to a Public Hearing having been
held by the City Planning Commission on July 6, 2004, on
Petition 2004-05-02-27 submitted by Daniel Jamieson, on behalf
of Green Acres Landscaping, requesting waiver use approval
for outdoor storage of trucks in connection with a proposal to
operate a truck rental business at 29615 Eight Mile Road,
located on the south side of Eight Mile Road between Beatrice
Avenue and Hugh Avenue in the Northeast''/. of Section 2, the
Planning Commission does hereby recommend to the City
Council that Petition 2004-05-02-27 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 special and
general waiver use standards and requirements as set
forth in Sections 16.11 and 19.06 of the Zoning Ordinance
#543;
2. That the petitioner has failed to comply with the provisions
of the Zoning Ordinance relative to the requirement for a
greenbelt where the subject property abuts residential
zoning to the south;
3. That the information submitted by the petitioner does not
indicate that other site problems and deficiencies identified
in a letter dated June 9, 2004, from the Inspection
Department will be rectified;
4. That the proposed parking/storage of rental trucks will be
detrimental to the maintenance of the site in an orderly and
satisfactory condition and would be a deterrent to the long
term stability oflhis area; and
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5. That the residential properties in the immediate proximity of
the subject property will be adversely affected by the
outdoor storage of rental trucks.
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. Walsh, Chairman, declared the motion is carded and the foregoing resolution
adopted. The petitioner has ten days to appeal the decision to
the City Council in writing.
ITEM #6 APPROVAL OF MINUTES 886th PUBLIC HEARINGS
AND REGULAR MEETING
Mr. Walsh, Chairman, announced the next item on the agenda, Approval of the
Minutes of the 886"' Public Hearings and Regular Meeting held
on June 1, 2004.
On a motion by Alanskas, seconded by Shane, and unanimously adopted, it was
#07-98-2004 RESOLVED, that the Minutes of 886" Public Hearings and
Regular Meeting held by the Planning Commission on June 1,
2004, are hereby approved.
A roll call vole on the foregoing resolution resulted in the following:
AYES: Alanskas, Shane, LaPine, Piercecchi, Morrow,
Smiley, Walsh
NAYS: None
ABSENT: None
Mr. Walsh, Chairman, declared the motion is carded and the foregoing resolution
adopted.
On a motion duly made, seconded and unanimously adopted, the 888"' Public
Hearings and Regular Meeting held on July 6, 2004, was adjourned at 10:50 p.m.
CITY PLANNING COMMISSION
Carol A. Smiley, Secretary
ATTEST:
John Walsh, Chairman