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HomeMy WebLinkAboutPLANNING MINUTES 2005-04-0522190 MINUTES OF THE 90P PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, Apnl 5, 2005, the City Planning Commission of the City of Livonia held its 903'd 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 a17:30 p.m. Memberspresent: RobertAlanskas William LaPine R. Lee Morrow Dan Piercecchi H. G. Shane Carol Smiley John Walsh Messrs. Mark Taormina, Planning Director; Al Nowak, Planner IV; Ms. Debra Walter, Clerk -Typist II, and Ms. Marge Watson, Program Supervisor, were also present. Chairman Walsh informed the audience that if a pefifion on lonighfs agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in turn, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat anc/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their 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. ITEM #1 PETITION 2005-01-01-01 DALY REALTY Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2005-01- 01-01, submitted by Daly Realty, LLC, requesting to rezone property at 33101 Eight Mile Road, located on the south side of Eight Mile Road between Farmington Road and Shadyside Road in the Northwest 1/4 of Section 3 from P to C-2. 22191 Mr. Taormina presented a map showing the property under pettion plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are three items of correspondence. The first item is from the Engineering Division, dated January 31, 2005, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above- eferenced petition. We have no objections to the proposal, however, detention will be required in accordance with Wayne County's storm water management ordinance. The following description should be used for the rezoning. We trust that this will provide you with the information requested." The letter is signed by Robert J. Schron, P.E., City Engineer. The next item is from Mike Pe@eys, 20411 Shadyside, Livonia, received by the Planning Commission on April 4, 2005, which reads as follows: 7 have lived in this area a long time and would like to refresh your memory of some of the promises from the city. That this piece of property would have no access to Shadyside Road, only ingress and egress on 8 Mile, that the property would not use the storm drain on Shadyside because it has reached maximum capacity. This property was going to be rezoned to C2 back in the 90's from light manufacturing and was denied. They also promised that a 25 -foot greenbelt would be established on Shadyside. It is my understanding that this is a proposed restaurant. 1 would like to tell you how nice it has been since the Butcher Block has closed. The rodent population rats have disappeared. 1 do not have a ton of garbage floating on my property. 1 checked out the Daly restaurant and was not impressed with the trash area. 1 do not want to see another drive-in; this is not the Fifties." The next item is Beatrice J. Wright, P.O. Box 367, Farmington, Michigan 48332, received by the Planning Commission on April 4, 2005, which reads as follows: `There are some issues that are of concern in the rezoning of this property by Daly Realty, LLC for the restaurant they would like to construct 1. Size: A. The square footage of the property is 19,166 square feet. (87.12'x 220). B. The side yard (along Shadyside) requires a 25' setback (according to John Nagy former head of the Planning Department) that equals 5,500 square feet. C. The front 8 Mile Road established greenbelt is 15'that equals 1307 square feet. D. Proposed restaurant is 2,500 square feet E. 28 parking spaces is 11,760 square feet (10 x 20 square feet per space plus back up and turnaround which is 10 x 22 for each space, which hasnY been shown. The combined footage needed is 22192 21,067 square feet, which leaves a deficit of 1,901 square feet to till the requirements for building, parking and greenbelt. 2. Past rezoning efforts: A. The owner of lot 18 (next to lot 17 on Shadyside) owned lot 17 in 1990 and tried to have it rezoned f om ML to C2 and was rejected by the Council. B. They also applied for ingress and egress to and from Shadyside and was also denied by Council. 3. Drainage: This issue has not been addressed yet. In 1990 they were also denied availability to empty into the Shadyside storm drain due to possible problems for the Shadyside residents. At that time (and cumently under new business names) the Leather Bottle Restaurant, Butcher Block and the Vitamin Shoppe were all using the Shadyside drain. Napa Auto Parts was denied access and had to build a dry well. 1 oppose this entire proposal, but unfortunately due to a stroke that has left me in a wheelchair, 1 am unable to attend this meeting. However, 1 cant think of any reason this should be put through based on the history of the Council's decisions." That is the extent of the correspondence. Mr. Walsh: Is the petitioner here this evening? Bryan L. Amann, Esq., Brashear, Tangora, Gallagher, Creighton & Amann, LLP, 355 N. Canton Center Road, Canton, Michigan 48187. Good evening. Thank you for the opportunity to be here. I will give you my card so you have the address. I'm here on behalf of Scott Grace. Scott Grace is here on the other side of the auditorium. We switched sides so we have both fronts covered. We are requesting that the Planning Commission consider the request for rezoning. Mr. Grace has taken the property under a foreclosure tax sale from the owner of the rest of the adjacent property, and we are cognizant of the concems regarding the ability to ft the restaurant on the site. The desire though is to make sure we have full use of the site. We would, quite frankly, hope to ultimately be able to add possibly some other properly to the west once we have the rezoning on this, but that's all part of a grander scheme. We need to gel the first block in order of the rezoning. As it relates to the questions on the site plan, we can solve those issues. Theyre very solvable. Storm water management can be done underground to control the drainage and everything else. And the other issues that are raised are all manageable from our perspective as a function of the size of the facility and how we operate this site. Beyond that, I would be glad to answer any questions you might have as it relates to the issues on the rezoning. 22193 Mr. Walsh: Thank you. Are there any questions? Mr. Shane: Is Mr. Grace planning a drive-thm facility? Mr. Amann: No. He's talking basically about a sit down kind of dinner. Mr.Shane: No drive-thm window or anything? Mr. Amann: No. Mr.Shane: Thankyou. Mr. LaPine: Just one question. I have talked to Mr. Grace. I slopped by his restaurant. It is my understanding he is going to try to buy some additional land from the Village Green. Mr. Amann: That's correct. You can appreciate the nature of their relationship is such that the owner of the Village Green properly didn't really recognize Mr. Grace's ownership of the property for a long time based on the nature of the way he took the properly on the tax foreclosure sale. The relationship hasn't been the best. Nonetheless, we are fairly comfortable that once we are able to effectuate the rezoning of this parcel, it's going to allow us to pick up some additional property, change around the site plan, deal with the issues that were raised as a matter of concern, and help resolve what we know has been a long term eyesore for this community as it relates to that whole block right there. Mr. LaPine: The other thing that leans me to approve tie rezoning here is the fact that back in the early '90's when Senate Coney was going to go there, that thing could have gone and it would have been a good place for the Senate Coney Island, plus the small little shopping center. And then they con into some problems with the property owner there and it fell through. So what we're doing, we're back to the same proposal except that it's a lot smaller. Mr. Amann: That's right. Its kind of another mounting on a horse, taking another attempt through another approach, and you're right. I think your assessment's accurate in that regard. Mr. LaPine: Thankyou. Mr. Walsh: Are there any other questions? Seeing none, is there anybody in the audience that wishes to speak for or against this petition? 22194 Kevin Crowell, 20336 Shadyside. That's three houses south of Eight Mile. The property I can see out from my front yard. Prior to moving in 10 years ago, when the property was up for a coney island, a lot of the neighbors got together and fought it. The City did tum it down at that time. I've got questions in regards to how Mr. Grace is going to allow access to his property, what kind of greenbelt he will provide. I personally dont want the restaurant, although I can see where the City can see the tax dollars. As long as its neighbor friendly, I guess I really don't have an objection. I don't want an access off of Shadyside. My children are grown. I've gotten a little older. The neighborhood does have some younger children in it. We don't have sidewalks. We do have a lot of people that cut through the neighborhood down to Norfolk avoiding the light at Eight Mile and Farmington and speed down our street sometimes as much as 45 miles an hour. They think theyre still on Eight Mile. If there's going to be an access off of Shadyside, I wouldn't be for that at all. I'd like to know where his dumpsters are going to be located so that theyre out of view. Right now, even though there are no businesses active along there, there is still a lot of trash that gets blown into my yard and I wind up picking up every week, boxes, plastic wrapping, things like this. Mr. Walsh: Mr. Crowell, tonight is a zoning issue only. Should it be commercial or not, that's the question that's before us. Should it pass and then pass again at the Council, they have to return to us for their site plan. I've made notes. I'm sure that Mr. Amann and Mr. Grace have kept your comments in mind. We'll have an opportunity to discuss this further in terms of where the dumpster would be, where is the access, and so on. So our only concem tonight is do we think it appropriate as a Planning Commission with the citizens input to be a commercial property or not, G2 in particular. Once that's settled, we'd look at the site plan. So you're concerns are noted but they wouldn't be subjected to discussion this evening. Mr. Crowell: I understanding. Mr. Walsh: We will give you notice when that point comes up again. Mr. Amann: Before we have any semblance of a site plan presented to the City for consideration, we will communicate with all the neighbors along there and have met with them ahead of time so that they will feel comfortable with the proposed design and 22195 their issues can be addressed at the appropriate time prior to submission ofthe site plans. Mr. Walsh: Thank you, Mr. Amann. Mr. Walsh: Is there anybody else in the audience that would like to speak? Mr. Crowell, I didn't mean to cul you off. If you're good, we'll move on to the next person. I just want to make sure you're all set. Mr. Crowell: All set. I will be notified though? Mr. Walsh: Absolutely. You will be notified. Is there anybody else in the audience that wishes to speak for or against this item? Seeing no one coming forward, a motion would be in order. On a motion by LaPine, seconded by Morrow, and unanimously adopted, it was #0436-2005 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on April 5, 2005, on Petition 2005-01-01-01, submitted by Daly Realty, LLC, requesting to rezone property at 33101 Eight Mile Road, located on the south side of Eight Mile Road between Farmington Road and Shadyside Road in the Northwest 1/4 of Section 3 from P to C-2, the Planning Commission does hereby recommend to the City Council that Petition 2005-01-01-01 be approved for the following reasons: 1. That the proposed change of zoning is compatible to and in harmony with the surrounding uses and zoning districts in the area; 2. That the proposed change of zoning represents a minor expansion of an existing adjacentzoning district; 3. That the proposed change of zoning to O2 is consistent with the zoning that occurs on land immediately to the west and south of the subject property; and 4. That the proposed change of zoning will provide for additional commercial uses to serve the area. Mr. Walsh: Is there any discussion? Mr. Morrow: Mr. Chairman, the only comment I would make would be as far as the zoning. It's pretty much just attaching the C-2 with what 22196 is now parking, and the petitioner has indicated a desire to possibly acquire more property to perhaps work out something that complies with the ordinance, and indicated working with the neighbors, and thats why I was comfortable supporting this petition. Thank you. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving recommendation. ITEM #2 PETITION 2005-02-02-06 FRISKE'S Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2005- 02-02-06, 00502-02-06, submitted by Friske's Curiosity Shop, requesting waiver use approval to operate a second hand store (consignment shop) at 35275 Plymouth Road, on property located on the south side of Plymouth Road between Wayne Road and Yale Avenue in the Northwest''/. of Section 33. 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. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated February 15, 2005, which reads as follow: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposal. The legal description as submitted is comect,however, 60 feet of dght-0f-way should be dedicated to the Michigan Department of Transportation." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated March 16, 2005, which reads as follows: `This office has reviewed the site plan submitted in connection with a request to operate a second hand (consignment) store on property located at the above -referenced address. We have no objections to this proposal." The letter is signed by Andrew Walker, Fire Marshal. The third letter is from the Division of Police, dated March 18, 2005, which reads as follows: We have reviewed the plans in connection with a proposal by Frisks's Curiosity Shop located at 35275 Plymouth Road. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Sludl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated March 2, 2005, 22197 which reads as follows: "Pursuant to your request of February 14, 2005, the above -referenced petition has been reviewed. The following is noted. (1) The parking lot needs repair and resealing. The parking spaces need to be double striped and barrier free parking should be provided with proper signage, marking and contiigumtion. (2) The west side of the building soffit needs repair and trim. (3) The protective block screening wall is peeling and requires maintenance and painting. (4) There is an unenclosed dumpster at the rear of the building. 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: Is the petitioner here this evening? William Friske, Fnske's Curiosity Shop, 35275 Plymouth Road, Livonia, Michigan 48150. I'm the owner of the shop. Mr. Walsh: Is there anything else you'd like to add? Mr. Frisker I've owned the building for four years. I originally started out as a confinuafion of my janitorial service. I've been running a janitorial service for 21 years now. I bought the building and over the four-year period, came up the idea of turning it into a retail store, and it evolved into the consignment shop. I just want to mention that I own the building outright. I bought it based on the financial success of my janitorial firm. We plan to stay in Livonia a long time. We are basically locked into a long mortgage there. I read the reports for the minor repairs to the building. I don't have a problem with any of it. We're actually getting quotes now on all the repairs. Some we're going to do ourselves, but some we have to have contracted out. Mr. Walsh: Are there any questions from the Commissioners? Mr. La Pine: Yes, Mr. Chairman. Just one question. Do you still operate the janitorial service out of there? Mr. Frisker Yes. I've modified it. What we've done in the last year is we've converted it from a janitorial service that traditionally gets a contract and then staffs it and manages it Now I turned into a brokerage where I get the contracts and I immediately sell them to other contractors. So it just requires myself and one other person in the building to run that. 22198 Mr. La Pine: Have you ever been in the used furniture business, number one, and number two, what makes you think that this can be a successful business at that location? Mr. Frisker Well, I think the location is terrific just because of the traffic count on Plymouth Road. We have the Town Peddler next door which is crafts and antiques. So there's already an established base of people that come to our area looking for household items. Like in our case, we sell primarily pre -owned home furnishings, pictures, couches, chairs, that kind of thing. And they can go next door vhere they can gel arts and crafts type things and antiques. When we first moved in, we realized there's a great traffic count. It looked like a nice area for a shop. Prior to opening the Curiosity Shop, before I formally opened it, we started selling used office furniture. A customer of mine in the janitorial business kind of gifted me a lot of used furniture they were going to dispose of, so I just loaded it in my building and I started selling it. I didn't formally try to setup a company. The janitorial company basically sold it. That's where I got a taste for retail. You know, after 21 years in janitorial, I wanted to try something else. I just sort of launched into the consignment shop. Mr. La Pine: How do you advertise to the public so theyll know that they can bring furniture here on consignment, number one? Number two, how long will you keep any items in the store until such time they cant be sold? What happens to them at that point? Do they go back to the original owner? Do you call up somebody and judge( rid of il? Give me an idea of what's going on. Mr. Frisker To advertise, I have a contract with one of these home mailing companies. You get an envelop in your home and there's a maximum of 22 coupons in it. We're committed right now. We send out 20,000 every two weeks, so its basically 40,000 advertising pieces we're sending out a month. So far its been to Livonia, Plymouth, Canton, Northville, and I think Redford we hit once. So we're committed to 40,000 pieces a month, and our advertising simply says, we're the Curiosity Shop. We're interested in good quality pre -owned home furnishings and we're also selling them. Its worked out really good. We have a web site. Everything we bring into the store we're advertising on ebay. Mr. La Pine: Do the people who want you to lake things on a consignment, do they bring it to the store or do you pick it up? If it's not sold, who's responsibility is it to dispose of it? 22199 Mr. Frisker Our current policy is, we offer flee pickup of consignment merchandise. People are encouraged to bring it in because that saves us time and money. A flee service we offer is, we will send someone to pick it up and bang it into the store. I'm finding it's a real niche because a majority of our customers are elderly. They're the folks that have the really nice pre -owned home furnishings that are gently used, and it's turning out to be a really good marketing tool because these people want to consign it, and they have little means of getting it to us. So we're sending a couple young guys out in our truck and bringing it back and its working out really nice. Mr. Morrow: Mr. Friske, a couple questions. I know this is part of the presentation from the staff. You're not considering any type of preowned clothing. Was that a conscious decision on your part or was that something you just never intended to make a part of it? Mr. Friske: Definitely a conscious decision. At first when we came up with a business model, we thought we'd have to have dothes. Then our building filled up with home furnishings, whidi are pretty large. Our stuff is couches, tvs, armoires, entertainment centers. We realized there's no room. And then I came to realize that's a real specialty in itself. The clothing consignment, there's so much work involved and you have to really know what you're doing. I have absolutely no background in it and I have no desire at this location to do that. Mr. Morrow: Okay. Secondly, we notice that you're deficient in the landscaping. When I was out there the other day, being the wintertime, it's kind of hard to tell what kind of shape your landscaping is in. Because you're so narrow on Plymouth Road, about the only way we can make sure that it goes along with our plan to upgrade Plymouth Road to make sure the landscaping that is there is brought back up to speed. What kind of condition is that landscaping in? Mr. Friske: We actually have no landscaping. I have space to do it, but we have not, as an office building, we never did it, and I'm very interested in doing something really nice. Mr. Morrow: I guess that's where I'm coming from. I want to gel some kind of a commitment, and its hard to talk about tonight, but if we can ask you to work with our staff to see how we can maximize 22200 something that looks nice and conforms with it. If you would do that, I would appreciate it. Mr. Frisker Yes, I intend to make the shop very attractive to the eye. If I have to remove parking spaces up at Plymouth, which we never use, I'd be more than willing to bust up some asphalt. Mr. Morrow: The reason I mention the staff, they are all landscape architects to boot. If they have no objection, I'm sure theyd be glad to work with you to bring it up to speed. Mr. Frisker Great. I can use all the help they can give. Mr. Alanskas: I have a couple questions. When I was there last week, I noticed you had a bunch of old bikes in the backroom. Do you sell used bikes there, too? Mr. Friske: When I first started, this gentlemen 72 years old came in and said he had a bunch of bikes in his basement and he asked would I help consign it. I said yes. By the time it was over, I regretted doing it because its going to be really hard for us to move bikes. So I put them in the farthest back comer of my shop hoping that if somebody asks about bikes, they can go back there and look at them, but I don't really intend to bring them out anywhere else because they lake up loo much valuable space. Mr. Alanskas: You said you have flee pickup for furniture. What if someone calls you for picking up a couch or a bed? Do you go out and inspect it first before to make sure it's dean before you pick it up? Mr. Friske: Oh, yeah. Mr. Alanskas: What is the process for that? Mr. Friske: Of course we visually inspect it. Anything that gets picked up, it has to pass my scrutiny. I had a gentleman that pulled up just Saturday in his pickup truck with a couch sticking out the back, and I sent him away because it was dirty and I said we'd have to clean it, and I would never recoup the cost. So when we look at it, it has to visibly look like new. Our tag line, it's as good as new, and if it doesn't look like it's as good as new, then we can't take it in. I've spent 21 years in the cleaning business, so I have a pretty good eye br what's clean and sanitary and what's dirty or has odors or pet hairs. 22201 Mr. Alanskas: I saw that you had a bunch of not mattresses, but you had poster beds in there. You dont take in mattresses do you? Mr. Frisker No. We have headboards and footboards and sideboards, but no mattresses at all. Mr. Shane: Maybe I missed it, but I didn't hear the answer to the last part of Mr. LaPine's question, and that is, what happens to consignments that you don't sell? How long do you keep them? Mr. Frisker Our contract says that if it doesn't sell within 90 days it goes back, or if the owner doesn't come for it, then it's our properly to dispose of. So we have a choice. We can donate it. If we think R's a really nice item but it just wasn't marketed right, we may choose to put it in another spot in the store and try again, but if it's junky, we'll gel rid of it. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Good evening, ma'am. Linda Macchiarolo, Town Peddler, 35323 Plymouth Road. Hello. I own the Town Peddler Craft and Antique Mall. That's just right next store to Mr. Fnske's shop. We have a few issues with the proposal here on the waiver use. I don't know if you would be able to pull that picture back up of the site. Before he opened a retail shop, it was computer place, a furnace place, his office is there. So they didn't have a lot of customer traffic. Now, obviously, Mr. Friske's speaks of great traffic there. He's talking about my store and you guys know how much I put into the place. I hope you like it. It cost me a lot of money. Anyways, we love it. You can see him many cars I got there that day. It was a halfway decent day. Anyways, the access into his store is hazardous at best. Its very difficult to get into this location, and thus what happens is, my parking lot is the big one on the left there. The customers come into my store there, or my parking lot, and then they park down by his place and walk over because it's next to impossible to gel in and out of there. I mean it's possible, it's just very hazardous. Mr. Friske's had wanted to remove all of his barriers, parking blockers, in order for us to share the access because he knows that its very difficult to get in and out of there, and he had planned to remove those. In fact, he sent me an email to the effect that they do him no use there whatsoever. And of course I object to that for several reasons. One is, if a customer is going to be using my lot, well, there's no easement there for him. And it's a similar 22202 use. As much as he says that there's used home furnishings, over 50 percent is antiques. You guys know what I do. That's my business. I've been doing this for 12 years at this location. I bought the building. As you know, I turned an ugly duckling into a beauty, and I'm very proud of this. And so, my issue there is, his access to his site, the customers using our lot to get to his, and walking over. There's a liability issue, of course, and I'm very concerned about that. Not to mention it is a similar use as to what we have, and I've had several dealers just today come to me and were very upset about this because they have a significant investment in their booths at my store. Some have been there all of the 12 years, so I told them that I would speak on their behalf here tonight to the Planning Commission. So I feel like we have a very established business. As a matter of fact, Mr. Fiske will even tell you when he talks to his customers on the telephone on how to gel to his place, he says, oh yeah, we're right next to the Town Peddler. So I love that, that people know where we're at of course, but when you have such a similar use, I would just ask that you keep that in mind, and the liability there and the parking situation is just out of hand. I can't tell you how many people we've seen since he's opened there park in our lot and walk next door. And then they dont come, some come to our place and some dont, but I dont feel that our parking lot should be his as you know. Its very unfair to us. So thank you for your time. Mr. La Pine: Do you think this is competition to you or does he have a separate niche, because you have mostly crafts? That's probably most of your business. He has no crafts. He has used furniture. You have anliques in your shop. You know I've been there. Ms. Macchiarolo: Yeah. Mr. La Pine: Do you think he's competition to you? Is that one of the reasons why you dont want him there? Ms. Macchiarolo: I've thought about that, and I was asked that several times. Well, to a certain extent, he is competition in that he has antiques, but when someone's buying an antique, as you know, it can be quite different. I can tell you in my own personal experience in being in his store, he had several items that were the exact same as what we had, and I was just in the front door not 10 feet inside the store. He had an old sewing machine, a old crystal pitcher, many things that we had and it was just in my brief time that I was there. My main objection is the access to 22203 and from and I'm very concern about it. It's very difficult to gel and out of there, Mr. LaPine. As you know, you've been there. Mr. Walsh: Is there anybody else in the audience that wishes to speak for or against this petition? Seeing no one ... Mr. Frisker Can I respond? Mr. Walsh: Yes, you may sir. The petitioner may have the last word. Mr. Friske: Do you want me to do that now? Mr. Walsh: Yes. You may direct your comments to us, though. Mr. Friske: Sure. I just want to mention the access to our building is difficult. We're right across from the Ford Plant and they had put a light in to control their traffic and it doesn't do the best job for us. It's an odd light. What people tend to do is pull in our building because of the traffic as a turnaround point, and we also have a mail box between our properties. What we had done at one time is remove a few parking blocks at the northern end of our properly so that people could come in ours, use the mailbox and go out theirs, or vice versa, go in theirs, use the mailbox and go out ours. So there's a lot of turnaround traffic. It's nothing I can control. As far as our customers parking on their side, again, I can't control where people park. I don't encourage them to. I probably tell people I'm next door to their store because it is a landmark, and I've explained to Linda when I invited her over to talk to me about some common issues that we had, I explained to her that I'm trying to be a good neighbor. I do voluntarily probably 12 times a day tell people we're next to her store. So I'm not setting up shop to take anything away from her. We're probably no less than 80 percent home furnishings. We do have some antiques but we mostly have enfire dining room sets, china cabinets, hutches, tables, chairs. We don't dabble a lot with individual pieces. We're mostly gearing towards entire room outfits. So I don't think our uses are that similar. They're a little bit similar, but I don't think the competition is such a bad thing. Its just going to encourage us to keep beautifying our properfies and try to draw people in. If I can do something about the lighting situation, if its my responsibility to contact Wayne County or something, I would follow it up if someone would direct me how to do that. Mr. Walsh: If you do intend to do that, if you spoke with any member of our staff, they could perhaps direct you to the right person. Mark, would it be you or who else in the City would he speak with? 22204 Mr. Taormina: The proper channel would be through our Engineering Division. Mr. Walsh: Yes, through the Engineering Division. Robert Schron is our City Engineer. All right, thank you sir, and thank you for your audience participation. With that, a motion would be in order. On a motion by Morrow, seconded by Smiley, and adopted, it was #0437-2005 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on April 5, 2005, on Petition 2005-02-02-06, submitted by Friske's Curiosity Shop, requesting waiver use approval to operate a second hand store (consignment shop) at 35275 Plymouth Road, on property located on the south side of Plymouth Road between Wayne Road and Yale Avenue in the Northwest %of Section 33 , the City Planning Commission does hereby recommend to the City Council that Petition 2005-02-02-06 be approved subject to the following conditions: 1. That the areas utilized for the sales and display of merchandise shall be in accordance with the floor plan submitted with this request; 2. That there shall be no outdoor sales, storage or display of merchandise; 3. That used clothing sales are restricted and are not a part of this approval; 4. That the following issues as outlined in the correspondence dated March 2, 2005, from the Inspection Department shall be resolved to that department's satisfaction: - That the parking lot shall receive needed repair and resealing and the parking spaces shall be double striped, including the provision of barrier free parking with proper signage, marking and configuration, and all regular parking spaces shall be 10' x 20' in size as required; - That needed repair and trim shall be provided for the soffit on the west side of the building; - That the protective block screen wall along the south property line shall receive needed maintenance and 22205 shall be painted a complementary color to match the building; 5. That a dumpster enclosure shall be provided in the rear parking area which shall be constructed of brick or reinforced poured concrete walls with simulated brick pattern and with metal enclosure gates which shall be property maintained and, when not in use, closed at all times; 6. That a fully detailed landscape plan, providing additional landscaped areas adjacent to the front of the building and also adjacent to the Plymouth Road right-of-way line, shall be submitted for approval by the Planning Commission and City Council within 60 days following approval of this petition by the City Council; 7. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council; 8. That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows; and 9. That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the occupancy and zoning compliance permits are applied for. Subject to the preceding conditions, bis petition is approved for the following reasons: 1. That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 2. That the subject site 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. Mr. Walsh: Is there any discussion? Mr. Morrow: I want to add the upgrading and adding of landscape to the site as I referenced earlier to the staff and to the petitioner. 22206 Mr. Shane: Did we have any comments from the Plymouth Road Development Authority on this issue? Mr. Taormina: No. They were aware of the petition, but they did not review this in any detail. Mr.Shane: Thankyou. Mr. Pieroecchi: Inasmuch as this gentlemen doesn't have any interest in used clothing, which I'm happy about, I would like to ask the maker of the motion if he would consider adding language such as "used clothing sales are restricted and are nota part ofthis approval?" Mr. Morrow: I have no objection tothat, Mr. Chairman. Mr. Walsh: Is that okay with the supporter of the motion? Ms. Smiley: Yes. Mr. Walsh: Very good. Then it is so amended. Anything else, Mr. Piercecchi? Mr. Pieroecchi: No, sir. That's it. Mr. Alanskas: To the Town Peddler, I know your concern with regards to parking, but there's nothing we can slop in regards to free enterprise. Thank you. Mr. Walsh: Are there any other comments? Would the Secretary please call the roll? A roll call vote on the foregoing resolution resulted in the following AYES: Morrow, Smiley, Pieroecchi, Walsh NAYES: Alanskas, LaPine, Shane ABSTAIN: None ABSENT: None Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. 22207 YI=IAi Ei$=9=kIY 1[e]L' 169[H: I Ti I=1: It 4111104 =kl Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2005- 02-02-07, 00502-02-07, submitted by Consignment Outlet Livonia, requesting waiver use approval to operate a second hand store (consignment shop) at 15700 Middlebelt Road, on property located on the east side of Middlebell Road between Broadmoor Avenue and Rayburn Avenue in the Southwest %of Section 13. 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. Nowak: There are several items of correspondence. The first item is from the Engineering Division, dated February 17, 2005, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposal. The legal description as submitted is correct and no additional right-of-way is required." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated March 16, 2005, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate a second hand store (consignment shop) on property located at the above -referenced address. We have no objections to this proposal." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated March 18, 2005, which reads as follows: "We have reviewed the plans in connection with a proposal by Consignment Outlet located at 15700 Middlebelt Road. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Sludl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated March 2, 2005, which reads as follows: "Pursuant to your request of February 15, 2005, the above -referenced petition has been reviewed. The following is noted. (1) The parking area needs repair and resealing and double striping. (2) Landscape maintenance and repair is needed on site. (3) A sign needs to be erected at the nonbarrier free entry directing the way to the front barrier free entrance at the west end of the building. (4) There is an unenclosed dumpster at the rear of the building. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. The next item is from The Equitable Group, Inc., dated March 23, 2005, the owner of the property, which reads as follows: "This 22208 letter is in regards to the petition submitted by Consignment Outlet Livonia requesting waiver use approval to operate a second hand store at 15700 Middlebelt Road. We are the owners of over two million square feet of retail, office and industrial space in the State of Michigan. and we feel that this would be a great use of this building. This business runs a good operation and has been very successful in other areas that they have opened this type of business. We feel that this would be very beneficial to the other business along Middlebelt Road by bringing in additional traffic to this area." The letter is signed by Richard A. Rosenbaum, Executive Vice President The next letter is from Dorothy Bruce, 29218 Broadmoor, dated April 2, 2005, which reads as follows: "Regarding the above petition, 1 do not object to a Consignment Outlet at this location, however, I also do not want a "flea market" type of facility. The furniture and household items, if continued to be displayed as they have been, are not objectionable. 1 think the clothing line and tools, unless they are new, should be reconsidered for resale as it creates the wrong atmosphere. We have been used to Hammell Music, who appears to be moving out, the lighting store, and furniture store, which is also vacant, as our neighbors and would like to retain this type of atmosphere for the area. The building for display is in very good order, however, the parking lot needs work as does some of the lawn area, due to trucks. 1 do object to small signs being placed in the front of the building along the Middlebelt Road, advertising their products. This is not allowed anywhere else and should not be done here. (It has been observed twice on a week -end so far.) We will have to be careful of this area due to the vacant buildings nearby so that future business will occupy this business area again, and it will be suitable to the surrounding area." The next letter is from Corey Dinette, dated March 28, 2005, which reads as follows: 7'm a business owner at 19711 Middlebelt We feel having the Consignment Store at 15700 Middlebelt would be an asset to the community. We have more and more vacant buildings in this section of Livonia. This is an eyesore and anyone wanting to come into Livonia will wonder why there is such an exodus out of the city. The fad is we need new businesses and more customers to come to the area. With the rumors of Sears closing, only adds to the problem. We thank you for your time and consideration." The letter is signed by Robert Monro. That is the extent of the correspondence. Mr. Walsh: Is the peftoner here this evening? 22209 Todd Schiflar, Consignment Outlet Livonia, 15700 Middlebelt, Livonia, Michigan 48154. I'm the owner of Consignment Outlet. I want to start out by apologizing to the Board in regards to the signs. The ordinance inspector came by, gave us our warning. We immediately took them down. There were some issues as far as the sidewalk being deared out. We immediately did that. We've tried to cooperate in every way any time we've been asked. In any way, we dont want to raise any issues as far as not cooperating with the City. Also, I want to state to the fact that I've opened up other Consignment Outlets stores, and I'm a little confused on how to go to the City and get the licensing and so forth, but it's my fault for being, call it stupid, but most of my store openings were buildouls and they involved the actual landlord getting involved, which also sparked ... you know, he would tell me, hey, you need to go get this license. So, again, I apologize to the Board that I didn't go through the following steps to get the right licensings or applicators to start my process. Mr. Walsh: Well, thank you for being with us tonight, sir. Are there any questions for the petitioner? Mr. Morrow: Yes, it is my understanding you are leasing the building? Mr. Schittar: Yes, sir. Mr. Morrow: As you heard from the Inspection Department, there are some concerns about bringing the building back up to speed? Mr. Schittar: That's correct. Mr. Morrow: Have you discussed that with the owners of the building? Mr. Schittar: Yes, I have the owner here. I also have a speaker for the owner. We've talked. He's going to speak himself and go through what issues you may have as far as the building exlenor. Mr. Morrow: That's fine if he wants to speak. The main thing is, before we go any further, I want the assurance that should this prevail, that the building would be brought up to speed as outlined in the Inspection Department's letter as far as the parking lot and landscaping and any other details that were referenced. Mr. Schiflar: Yes. 22210 Mr. Morrow: Will we have that assurance from the landlord? Mr. Schiftar: Yes, you do. Mr. Morrow: Okay. Thank you. Mr. Pieroecchi: Mr. Chairman, I have some remarks with some built in questions to the pefitioner. Sir, I have made two Nps to your facility on Middlebell Road and one to your Canton store. I found that both have a fine array of desirable quality home furnishings, some in the $2,000 - $3,000 class. Are there any assurances that you can sustain this type of quality? That would be a question that I have for you. However, in regards to Livonia, I had a cause for concern, and that was the large proportion of floor space which is now being used to display clothing. It is not dominated with the level of merchandise customarily found in stores selling under consignment. It was more in tune with the content of thrift outlets, some currently present in our city. I can make a statement here without any qualms that there is no demonstrated need for additional mass used clothing outlets in our city. May I suggest that it would be more responsible if you would concentrate on merchandising upscale used clothing by eliminating space at about the 1,000 square fool, which I estimated pacing it off. This would assuredly promote being more selective, a better choice and hence a greater percentage of upscale products. In itself, sir, I may add that this is a worthwhile move since it will improve your image and perhaps set you apart. As you know, your Canton store utilizes about one-fifth or less the space scheduled for Livonia in regards to clothing. Sir, it is essential that your use is an asset to our community and not impair its status and is in harmony with the atmosphere of the area. It's always desirable, of course, to fill an empty building, but the proposed use must not be contrary to the goals and objectives of our Zoning Ordinance. And I refer to 19.06, which remains to be seen whether, if this is approved, will have an impact, negative or positive, on the specific area. But sir, I think it's very important that your new store, which I notice according to your outlay here, you've got 1,400 square feet for clothing. You're not going to get designer clothing. There is a need for that type of store where somebody wears a formal, wears it once or twice, its perfectly good, somebody needs one, the price is right. I encourage that type. I would hope to see you scale way back on the mass merchandise products. Thank you, Mr. Chairman. 22211 Mr. Walsh: Sir, there were two questions posed in Mr. Piercecchi's comments. One is be level of your furniture, and it's a good level now. Mr. Schittar: Well, actually, it's not as good as I'd like it to get. I walk though my stores. My employees will tell you I'm a tough guy to work for. If there's items brought in that I won't accept, why would they accept them? So I try to keep my standards up throughout the store. I had a couple of Board members that have come in and I've talked to them about the same issues because theyve asked questions. What about keeping that scale up? Lel me tell you, it's getting tougher. We want the image to be upscale. We want the image to be exclusive than most of your so-called resale stores. We don't want to be in the same class. We are Michigan's largest consignment group today. Pertaining to the clothing, with all due respect, if you realistically go through my clothing, you will find that 60 percent of the clothing is brand new, over 60 percent. All my children's dothing is brand new. We buy it through Macey's, Bloomingdale's liquidation. Costco is another part of it. Over probably 40 percent of the men's clothing is brand new. Over 60 percent of the women's clothing is brand new. Now, we do have some designer dolhing in there now. I diallenge the Board to come into the store and actually go though my clothing. We are very, very strict about our clothing. When a customer brings in their selection of clothing, we go through them at the front door. We pick and choose what we will take. It has to be on hangers, free of stains, frays, tears, missing buttons, broken zippers, and they have to be freshly cleaned. The reason why I'm pressing the issue on having the clothing is because I am a one-stop shop. I am Consignment Outlet. We carry the items that people want to come to in one store to gel almost anything they want at a discounted price. I ask the Board to re -look at this issue. I'm strongly with you on that as far as we don't want tacky sluff coming in. I'm against it 100 percent. Mr. Walsh: Okay. Thank you, sir. Is there anybody else with a question? Mr. Pieroecchi: Can I put a comment on that, Mr. Chairman? Mr. Walsh: Mr. Pieroecchi, we want new information. Mr. Pieroecchi: The waylo accomplish thatis to limit your space. Mr. Walsh: Mr. Pieroecchi, I don't want to encourage a debate. You've made your point, as has he. 22212 Mr. Piercecchi: Well, I want to ask a question, loo, here. You're way in excess of 50 percent on your clothing, is what you said. Right? Mr. Schiflar: Yes, sir. Mr. Piercecchi: Why not open up a store for clothing? Mr. Schiflar: Again, I'm a one-stop shop. I'm offering the public an opportunity to get items at a lower price. Not just clothing. Electronics, tools, furniture, home furnishings, art, jewelry. I mean we have some beautiful stuff. Mr. Piercecchi: But the way to get that upscale stuff is to be very selective. Mr. Schiflar: We are. Mr. Piercecchi: And have only a certain amount of space. Mr. Schiflar: We're not going to go any further than where we're at as far as clothing space now. I can assure the Board that what we put on the plan as far as the clothing, that's where it slops. It doesn't gel any bigger. Granted, at some time we will sell out and we will have to wait for another liquidation load to come in and we will utilize that space for more furniture, but we will never go beyond the point where we're at. Mr. Piercecchi: In other words, you wish to retain the 1,400 square feet of space that's allocated on your plan here? Mr. Schiflar: Yes. Mr. Piercecchi: You don't wish to bring t down? Mr. Schiftar: My intention is not to bring @down. Mr. Walsh: He's answered the question. Anything new, Mr. Piercecchi? Anything else? Mr. Piercecchi: I guess not. Mr. La Pine: If I may ask the petitioner a couple questions. You moved here from Plymouth, is that correct? Mr. Schiflar That's correct, sir. 22213 Mr. LaPine: The reason you moved here from Plymouth is because your store got too small in Plymouth. Is that the reason? Mr. Schiftar: Yes, sir. Mr. LaPine: Why did you pick Livonia? I mean why do you think Livonia is a good place for this type of a store? Mr. Schiftar: It's centrally located. I always thought Livonia would be a great city to put my business in. I do a lot of business in Canton. Having my store in Plymouth and then Canton, I think we hurl our Plymouth store because more and more people wanted to go to our bigger store. The problem is, there wasn't any large use space available for retail in Plymouth. Plymouth is pretty limited on that. Looking around, pu know I opened a store in Orchard Lake that's over 5,000 square feel, and I sold my partnership in that because of the drive. I live in Plymouth. I have a store in Canton. I like the store in Livonia. It's close to home. I have seven year old triplets so I get to spend time without taking a long drive. Mr. LaPine: The next question I have, this store is 18,000 square feel. I would assume this is the largest store you operate. Is that coned? Mr. Schiftar: That's correct. Mr. LaPine: Okay. I guess my position here, I believe any city should have all types of stores to accommodate all the different people that live in that city. I think, personally, that we are well served in Livonia by convenience stores and by thrift stores. We have computer resale stores. We've got furniture resale stores. We have all kinds of these stores scattered throughout the city. I am not really sold that this type of store on Middlebell Road does good for the City of Livonia. That's my personal opinion. We have Wo empty stores to the north here. I understand one of the stores has been sold and it's going to be renovated and redone. The restaurant has been sold and that's going to be renovated and redone. I just feel that this is not what I envision Livonia wants in the retail business, these types of stores. Not that I'm against it because we have them all throughout the city. I just feel, my personal opinion, that we are well served in the city with these types of things. Thank you, Mr. Chairman. Mr. Alanskas: You have a store in West Bloomfield, too, dont you? 22214 Mr. Schiftar: Orchard Lake. Mr. Alanskas: Orchard Lake, okay. At your store in Canton and in Orchard Lake, what percentage of your sales are in clothing, roughly? Mr. Schiftar: In sales? Mr. Alanskas: Yes. Mr. Schiftar: Probably 20%. Mr. Alanskas: Do you find your most business is done on the weekend? Mr. Schiftar: You know, if you take a look at our sales records, weekends we do more business than any other day of the week, but we get shocked at some days we do during the week. So you can never put a measurement on it. I've tried. Mr. Alanskas: Also, in regards to your traffic, your hours are what on the weekend? Mr. Schiftar: We're 10 to 7 Monday through Saturday, and we're 11 to 5 on Sunday. Mr. Alanskas: I must say that after going out there twice, I was very impressed with the furniture that you have there. How long do you keep your furniture there for sale? Mr. Schiftar: Furniture is put on consignment for six months. The reason why, my theory is, we've had people in the past where they bring their furniture in for 90 days. It may not sell. People have to realize that furniture, whether it's new or used, if it sits around too long, we've got to do something, and that's the price. Just like a car. I mean, you drive it off the lot, it loses value. So sometimes people come in anticipating getting x amount of dollars for a piece of furniture. I'll work with them and let them know, look, I think you're high but I'll give you the benefit of the doubt and we'll start it out that way. Then when they see that the time keeps going by and people are walking around it because of price, then they lover their sights. Furniture has never been in any of my stores for more than five months. It goes away. We're not proud of anything. It's got to go. Mr. Alanskas: Do you have big sales with regard to senior citzens there? 22215 Mr. Schiffar: I would say that a majority of our dientele that comes into our store as consigners as well as buyers ... Mr. Alanskas: As buyers. Mr. Schiffar: As buyers, I would say 60 percent are senior citizens. Mr. Alanskas: Buy from your store? Mr. Schittar: Yes. Mr. Morrow: As one commissioner, I just want to make the statement that I feel, and I guess it's not a well guarded secret that Livonia is kind of a mature community and we're always trying to encourage new families to join us, buy their homes, hopefully not move out. Sometimes theyve got a lot of rooms to fill up and maybe they don't have the furniture to do it. I can see where there's a need for quality, if we can use the word "used" furniture. I guess the difference between antiques and used furniture is a matter of age. But I don't have that same feeling as it relates to the clothing, as Mr. Reroecchi had indicated. I think the point he was trying to make is by reducing the number of square footage, you become more selective in what you offer your clientele. You kind of indicated that you're able to pick up some merchandise from some of these other retailers that can't market it. It sounds like you're kind of taking it sight unseen, that you expect that they just ship it to you and then you do your best. On the one hand, I feel comfortable with the resale of the furniture and pictures and pings of that nature, but I'm not as comfortable with as much space as it relates to used dothing because I don't perceive the same need, not that there isn't a need, but I'm just trying to get more selective merchandise to sell through there. Now what bat figure is, I'm not sure, but I feel like Mr. Piercecchi, that's an awful lot of square footage for clothing. I'd rather see some of it used for what I perceive the larger need. That's all I got, Mr. Chairman. Mr. Walsh: Are there any other questions or comments? Seeing none, is there anybody in the audience that wishes to speak for or against this petition? Maureen Miller, 18218 Indian, Redford, Michigan 48240. 1 didn't come here thinking I was going to speak tonight so bear with me. I work at Consignment Outlet. I have 25 years of retail experience prior to that. So from my previous experience, I would really thank you guys for saying that our clothing looks like its so much there 22216 because that means we've done a good job of kind of falling it and displaying it. But if you actually went in there and we condensed it down, the actual amount of clothing does not take up 1,400 square feet. We put in two fitting rooms and the whole back of the one section is books, because we do carry a lot of used books, paperbacks and hard covers that we sell a lot of. Plus back there we have some games that we only take if all the pieces are together. As a parent, I have bought stuff for my children at resale shops, consignment shops and stuff, and for myself. Most men I know don't shop at resale shops. My husband won't necessary go there. We carry mostly all the brand new pants that we do carry in women's. It moves very quickly. The clothing is only in the store for 90 days. It's not the same as furniture. Mr. Walsh: Ms. Miller, this portion of the meeting is reserved for public comment. Ms. Miller: Well, my point is, you keep talking about the dothing being such an issue, the clothing and the space in the store isn't really as much space as what we do in the entire store. Our store is fun. Customers have fun. Mr. Walsh: Again, and I don't wish to be combative, but this is a public hearing. This is for people to come and give their opinion. Ms. Miller: Well, I just think the store is great there. I grew up in this area. I've lived in this area for 40 years. I shop at these kinds of shops and this store is fun. We have customers who come back day after day after day because they enjoy coming in. They want to see what's different. They like being there. They tell us all the time they're glad the store is as clean as it was when it first opened. And I just want to say I think that it's a good location. It's a good store. The customers, the neighbors, all seem to have very positive reaction. Mr. Walsh: All right, Ms. Miller. Ms. Miller? Ms. Miller: That's fine. I just want to say I would just hope, even though I don't live in the City of Livonia, you would approve something like this because I think it is good for the whole central area and it's at a good central location. Mr. Walsh: Thank you. And for anybody else who wishes to speak, and again, Ms. Miller, your comments are appreciated, but I think they are on behalf of your employer. What were looking for at 22217 this point are comments from people in the public wishing to speak for or against this. Is there anybody else wishing to speak? Seeing no one, Mr. Schiftar, the petitioner has the opportunity to speak last. Mr. Schittar: I would like to read a letter that Newton Furniture sent us. He was wanting to come tonight but he's out of town. That was my wife I was speaking to by the way. Her name is Michelle. She wanted me to reiterate, we do sell furs that bring in well over $1,000. So we do real well with upscale clothing. To get off the clothing issue, though, this is a letter from Newton Furniture. I want to read to the Board if I could. "My name is William Wolf. I'm the owner of Newton Furniture, located on Middlebelt Road just north of the new Consignment Furniture Company that moved into the old Ethan Allen building. We also have our warehouse on Schoolcmft west of Middlebelt Our sales, after Ethan Allen, another furniture store and a restaurant all closed, declined. When you have all these empty storefronts in a three block stretch, it hurts our sales. Retail begets retail. Since Consignment Furniture opened, sales are up. 1 visited the new store and found they have a very clean operation with nice merchandise at low prices and the merchandise is of high quality. Middlebelt Road is a disaster from Eight Mile to Plymouth Road for retail stores. Livonia Mall and Wonderland and other numerous vacancies contribute to the impression that the city is going downhill. 1 urge you to issue a waiver to operate to the Consignment Furniture Company. I'm sorry that 1 could not appear before your commission but 1 will be out of town at that time." Signed William WoIF. If you would like a copy of it, I would be happy to give it to you. Mr. Walsh: Thank you, Mr. Shiftar. Okay, with that I'm going to dose the public hearing. Mr. Taormina? Mr. Taormina: I thought maybe it would be appropriate to ask the owner of the property some questions at this time. Mr. Walsh: Are there any questions from the Commissioners for the owner? Mr. Taormina: I would have a few. Mr. Walsh: If the owner could step forward please. Rodney Raub, ICI Property Consultants, 31455 Northwestern Highway, Suite C, Farmington Hills, Michigan 48334. 1 am a commercial realtor. I represent the owner. I was the one marketing that location. I 22218 also marketed another localion at the comer of Puritan and Middlebelt that I sold for a nursing home use. It's a great location. I have spoken to many, many people, showing new furniture companies, trying to get everybody in there. I've had motoroyde companies call me. I fell it was not appropriate for the area. I saw Mr. Shittar's operation. Totally impressed. Thought it would be terrific in that location. As far as things that will be done, absolutely. Anything that needs to be done, will be done to the building. The only reason things weren't underway at this point was weather. Asphalt plants aren't open. This is the first break in the weather we've had, so everybody is backed up. They're way backed up. It is our assurance, the owner is here. I do a lot of business with him. They are great owners. Terrific property owners. Everything will be done. Whatever it needs. We've had a list of things that we were told. There's not a problem with any of them. Mr. Taormina: My concem is regarding the numerous items of maintenance that are required. It may be better to review the improvements as part of a plan submitted back to the Commission for its consideration, rather than try to lake his word for it or embody it within an approving resolution, should there be one. It may be better to have a plan that addresses the several items of concern that have been raised by the Inspection Department. Mr. Walsh: Thank you, Mr. Taormina. Mr. Alanskas: In regards to the condition on the windows in the building, would you be replacing those windows? Mr. Raub: Whatever it takes to make those windows perfect. Mr. Alanskas: Now, also, there are awnings over the building. Are those going to stay on the building? Mr. Raub: That would be up to Mr. Shittar. They can be removed without any problem. If he wants to redecorate, in any manner, that's fine. We will participate with him. Mr. Alanskas: How long is the lease on this property? Mr. Raub: We're in negotiation on that. A lease would be a minimum of five years. Mr. Alanskas: So is he there at the present time on a month-to-month basis? 22219 Mr. Raub: He's there on a six-month basis. Mr. LaPine: To Mr. Taormina, to make sure that everything we think should be done is done, he cannot get an occupancy pennit until everything is done. Is that right? I mean, he's in there now. How he got in, I don't know, but he's in there. But until he gets a permanent Certificate of Occupancy, will that not be issued until such time as everything is take care of? Mr. Taormina: It would probably be handled on a temporary basis until all his items are addressed. That's cored. Mr. LaPine: But he won't get a permanent Cerfifcate of Occupancy until such lime as we're satisfied that all the repairs are done. Is that correct? Mr. Taormina: The Commission may want to stipulate that completion of all the improvements shall be a prerequisite to any permanent occupancy permit. Mr. LaPine: Okay. Thankyou. Mr. Walsh: A motion is in order. I'll call for a motion the second time. Mr. Alanskas: Mr. Chairman, I'm just wondering, being that the gentleman is on a six-month basis, should we table this until we make sure that all these corrections to the building are taken of? Mr. Walsh: For a tabling motion, Mr. Alanskas, you would need to make the motion. Mr. Alanskas: I would like to make a tabling motion. On a motion by Alanskas, seconded by LaPine, and adopted, it was #0438-2005 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on April 5, 2005, on Petition 2005-02-02-07, submitted by Consignment Outlet Livonia, requesting waiver use approval to operate a second hand store (consignment shop) at 15700 Middlebell Road, on property located on the east side of Middlebell Road between Broadmoor Avenue and Rayburn Avenue in the Southwest %of Section 13, the Planning Commission does hereby recommend that Petition 2005-02-02-07 be tabled. A roll call vole on the foregoing resolution resulted in the following: 22220 AYES: Alanskas, LaPine, Morrow, Smiley NAYES: Shane, Piercecch, Walsh ABSTAIN: None ABSENT: None Mr. Walsh: The motion passes. The item will be tabled. We did not select a date. I think until such time, if there's no objection, as we've received a response to the Inspection Department's letter. That will allow us to reschedule it. Is that satisfactory with the Commission? Mr. Morrow: If its fair, I'd like to make a comment after the vote. Based on what Mr. Piercecchi said and what I said, at least have a second look at the amount of square footage for the resale of clothing. I think the lady indicated that perhaps they could constrict it more to a smaller area as it relates to their floor plan and consider that to bring back at the same time. Mr. Shane: The reason I voted no on the tabling resolution is that it seems to me we have led him to believe a presumption that he's going to be approved should he complete all these improvements, and normally we make improvements part of a resolution. I'm a Iitlle uncomfortable with leaving him with the impression that should all these improvements be made that he will automatically receive approval. Mr. Walsh: My suggestion was, prior to discussion, is that we are seeking a plan that world address the Inspection Department's letter, and that way he doesn't have to submit dollars or time in making the improvements. We'll have the opportunity to look at that when we take it up again. Mr. Shane: Okay. But it sounded to me like the tabling resolution was to allow him time to make the improvements. That was the impression I had, and if it's just to come up with a plan, then fine. That's different. Mr. Walsh: I didn't have that impression. Mr.Shane: Okay. Mr. Morrow: The only comment I would make there, I hope you're not construing that I would necessarily vole for or against it because ultimately if we approve it, the City Council will make the final determination. Should we deny it, he can request to appeal it to 22221 the City Council. We should put it in the best shape we can, at least from where we come from, and then see whether it goes up or down at either level. Am I on fairly safe ground there? Mr. Walsh: Thank you, Mr. Morrow. What we're asking for you to do is, we're going to table this motion until we receive some indication from you responding to the Inspection Department letter. My suggestion is that you work with our staff. They will help you in providing that response. My commitment to you as a Chair is we will schedule this as quickly as possible once we have that in hand. ITEM #4 PETITION 2005-03-02-08 AT SYSTEMS Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2005- 03-02-08, submitted by AT Systems, Inc., requesting waiver use approval to repair armored vehicles at 12964 Farmington Road, located on the east side of Farmington Road between Industrial Avenue and Glendale Avenue in the Northwest%of Section 27. 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. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated March 8, 2005, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above-refemnced petition. It appears that this is a change of use only. We have no objection to the proposal. The legal description as submitted is correct and no additional right- of-way is required." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated March 14, 2005, which reads as follows: "This office has reviewed the site plan submitted in connection with a request for waiver use approval to repair armored vehicles on property located at the above -referenced address. We have no objections to this proposal. The waiver use is for the specific address of 12964 Farmington Road." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated March 18, 2005, which reads as follows: We have reviewed the plans in connection with a proposal by AT Systems located at 12940 Westmore Avenue. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Studt, Sergeant, 22222 Traffic Bureau. The fourth letter is from the Inspection Department, dated March 14, 2005, which reads as follows: "Pursuant to your request of March 8, 2005, the above - referenced petition has been reviewed. The following is noted. (1) The amount of parking appears adequate for this proposed use since a limited number of vehicles will be serviced. The Planning Commission may wish to limit the amount of vehicles that may be repaired. (2) Portions of the asphalt parking and drive aisles need to be repaired to remove large holes in the pavement. (3) Adequate ventilation shall be provided to remove all deleterious fumes and odors from this tenant space and all noise associated with the proposed vehicle repair shall be kept to a minimum so as not to disturb adjacent tenants. All necessary permits and inspections shall be secured prior to occupancy. (4) The outdoor storage of parts, material or inoperable vehicles shall be prohibited. This Department has no further objections to this petition." The letter is signed by Randy Abrahamson, Sr. Building Inspector. That is the extent of the correspondence. Mr. Walsh: Is the petitioner here this evening? Rick Queitsch, AT Systems, Inc., 4200 Governor Printz Blvd, P.O. Box 1223, Wilmington, Delaware 19899-1223. 1 have apologies to make, though. The fact that I'm here in the first place is an embarrassment because it was always meant to be a repair shop. Nothing else should have been stated. The otherthing is, I must not have realized how bad my ears are because I can hardly hear a lot of the proceedings. So if I ask for you to repeat what you just said, please dont make it out to be yourselves. Its my fault. I can't hear. I've got 40 percent hearing. The doctor says its broke and can't fix it, so I need a hearing aid and I'm fighting R. Mr. Walsh: Thank you. Mr. Queitsch: This is a typical repair shop for AT Systems. We work on our own vehicles. We don't do major, major repair such as transmission tear downs and truck tear downs. We will lake a transmission out and put a new one in. Typically a vendor will bring the transmission, take the old transmission with him. I have a few shops in the country, it's a national company, and there are a few shops in the country where we do have what we call a parts tmd< or two on the site. They are usually in a fenced in area and its allowable by the region we are in. This shop will not be that. If there's a truck parked outside for longer 22223 than three weeks, it will be brought back inside or gotten rid of. It's waiting for parts and sometimes a part will take two or three weeks to get to you, but thafs about it. There won't be any overnight parking except for a situation like that where they're waiting for a part. They have two or three trucks inside. Its usually a two or three man mechanic shop. This one I don't see getting any bigger than two men. You have to have two because if one doesn't show up, you've got trucks in trouble. A lot of times the guys are on the road. Theyre not even working out of that shop. I believe they service Grand Rapids and I think Toledo. They actually go down there and lake care of the pros onsite. So there wont be as many vehicles in and out of here as people would think. A lot of the pms are done on AT Systems' other sites, and they're annoyed sites. The concern that we had originally ... when I first came to see the building, I realized there were no exhaust fans in it. I didn't even know we had the building until somebody mentioned it in a conference call, and I was sent out to see where this building came from. I noticed immediately there were no exhaust fans in it and had priced pulling in a conventional -type of intake and exhaust fan - healed air because its cold up here and we know the mechanics cant ... you know, it's too cold to just bring cold air through there. So we had all that priced out. My company has since started looking into an air filtration system. We were kind of hoping you guys would let us use it if you allow us to change the waiver of use. Apparently, and I don't know a whole lot about it, but we have submitted it to the folks here. It takes the air, without taking any outside air, in the building and deans it like a big air filter would in your house. And according to the information we have on it, it's done a great job not only of taking the carbon monoxide, dioxide out of the air, sulfur, things like that are emitted through a diesel engine, but it also takes the dust out of the air, which is a major problem with most of our sites. So if we could get that ... actually it's about the same price either way, so its not really a problem. If you folks won't lel us do it here, we don't need to do it. We can use the conventional air intake system. We fully intend to put one of those in, but we would like to go the other way if you would consider it because we'd like to see just how well it does work. Apparently, they did it in a firehouse in New Jersey is what they've got on this test report, and they cleaned the air up 100 percent. I think it was like 95%, but it did a lot better than a conventional air would do. Mr. Walsh: Mr. Taormina, would that be subject to the Inspection Department? 22224 Mr. Taormina: Yes. Mr. Walsh: If this is to be approved, the approving resolution is rather vague in terms of how they remove the fumes. Mr. Queitsch: I'm Sony? Mr. Walsh: I'm asking Mr. Taormina a question regarding your request for the alternative air removal system or deaning system. Mr. Taormina: That's something that the Inspection Department would resolve with the petitioner at the time he goes through the building permit process. Mr. Queitsch : Yeah. We started a truck and the people next door got mad. Mr. Walsh: I understand. So we're not going to address that issue specifically tonight. Should you be approved, the Inspection Department would look at that and determine what method you use. Mr. Queitsch: Okay. Mr. Walsh: We're not in a position to respond to that, but just so you know. Mr. Queitsch: I just wanted you to know that we fully intend to take care of that situation. Mr. Walsh: We appreciate that. Thank you. Mr. Alanskas: Sir, you say you do a lot of pros there. Your oil there, is that kept inside or outside? Mr. Queitsch: The oil? Mr. Alanskas: Yes. Mr. Queitsch: Oil changes? Mr. Alanskas: Yes. Mr. Queitsch: Yes, theywill do oil changes there. Mr. Alanskas: I know, but I said the old oil. Is that kept internally in the building or outside of the building in a tank? 22225 Mr. Queitsch: Whatever you tell us you need. Mr. Alanskas: All right. Thank you. It should be contained within the building. Mr. Queitsch: I don't know what the laws are here. Mr. Walsh: The Inspection Departmentwill enforce that. Mr. LaPine: What's the largest size vehicle that you'll be repairing at this location? Mr. Queitsch: Typical armored trucks 20 feet long. You see them all over the roads. That's a typical armored box truck. We do have a shuttle. Don't know if we will be repairing that here or not, but if it should break down in this area and has to be, that's about one-third larger. That would be the biggest one. And then we do have small vans. Theyre diesel also. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one in the audience, I will close the public hearing. A motion would be in order. Mr. Piercecchi: This particular facility is in an all industrial area. Hence, 9 will not create any problems for the residents. So based on that, I will offer an approving resolution. On a motion by Piercecchi, seconded by Shane, and unanimously adopted, 9 was #0439-2005 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on April 5, 2005, on Petition 2005-03-02-08, submitted by AT Systems, Inc., requesting waiver use approval to repair armored vehicles at 12964 Farmington Road, located on the east side of Farmington Road between Industrial Avenue and Glendale Avenue in the Northwest %of Section 27 , the City Planning Commission does hereby recommend to the City Council that Petition 200503-02- 08 be approved subject to the following conditions: 1. That this waiver use request is approved to allow the use of not more than four (4) work stations/service bays within the portion of the building indicated on the floor plan submitted with this request; 22226 2. That repairs conducted at this facility shall not include collision work such as frame straightening, bumping and painting; 3. That not more than four (4) vehicles shall be parked outside overnight on the site in connection with this use, except that this provision for outside parking shall not include dismantled, damaged or inoperable vehicles; 4. That the following issues as outlined in the correspondence dated March 14, 2005, from the Inspection Department shall be rectified to that department's satisfaction: - That portions of the asphalt parking and drive aisles shall be repaired to remove large holes in the pavement; - That adequate ventilation shall be provided to remove all deleterious fumes and odors from this tenant space; - That all noise associated with the proposed vehicle repair shall be kept to a minimum so as not to disturb adjacent tenants; - That all necessary permits and inspections shall be secured prior to occupancy; That there shall be no outdoor storage of auto parts, equipment, scrap material, debris, waste petroleum products or other similar items generated by the subject use; 6. That the elimination of the requirement that the lot area be enclosed by a fence shall be contingent upon the waiving of this requirement by the City Council by means of a separate resolution in which two-thirds of the members of the City Council concur; and 7. That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time that Building, Occupancy and Zoning Compliance Permits are applied for. Subject to the preceding conditions, this petition is approved for the following reasons: 22227 1. That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19.06 ofthe Zoning Ordinance #543; 2. That the subject site 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. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. This concludes the Public Hearing section of our agenda. We will now proceed with the Pending Item section of our agenda. These items have been discussed at length in prior meetings; therefore, there will only be limited discussion tonight. Audience participation will require unanimous consent from the Commission. Will the Secretary please read the next item? ITEM #5 PETITION 2005-01-01-02 SE Michigan Management Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2005- 01-01-02, submitted by Southeastern Michigan Management Company, requesting to rezone property at 27480 and 27486 Five Mile Road, located on the north side of Five Mile Road between Inkster Road and Foch Avenue in the Southeast 114 of Section 13 from R-1 to R -C. Mr. Walsh: Mr. Taormina? Mr. Taormina: There is no new information. Mr. LaPine: Was this a tabled item from our last meeting? Mr. Walsh: Yes, we had tabled that. So we will need a motion to remove it. On a motion by LaPine, seconded by Piercecchi, and unanimously adopted, it was #04-40-2005 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on March 1, 2005, on Petition 2005-01-01-02, submitted by Southeastern Michigan Management Company, requesting to rezone property at 27480 and 27486 Five Mile Road, located on the north side of Five Mile Road between Inkster Road and Foch Avenue in the 22228 Southeast 114 of Section 13 from R-1 to RL, the Planning Commission does hereby recommend that Petition 2005-01-01- 02 be removed from the table. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. Is the petitioner in the audience? John J. Mahn, on behalf of Southeastern Michigan Management. Mr. Walsh: Thank you. Is there anything you'd like to tell us about the proposal tonight? I know that weve reviewed this, but is there anything you'd like to add before we move into questions? Mr. Mahn: Well, yes. I met with Mr. Miller, who is on the east side of the property, yesterday, personally, and he had a concern about the site plan where the garbage dumpster is. That was his concern. I think he's here in the audience. Mr. Walsh: Are there any questions from the Commissioners for the petitioner? Mr. Pieroecchi: This submission for approval is basically a zoning petition. So we're not going to address anything in regards to dumpsters or setbacks or building locations or that. Our task here, sir, is to determine whether this property is properly zoned if it goes to residential condominiums. That's our focus here tonight. So we will not address anything regarding a site plan. That will come again. Mr. Mahn: Mr. Morrow was concemed about the site plan. Mr. Pieroecchi: That will all come up when the site plan is here. Mr. Mahn: Oh, Isee. Mr. Walsh: Thank you, Mr. Pieroecchi. Are there any questions or comments for the petitioner? Mr. Morrow: Well, because this was before us before, I think we had a record of our comments as it relates to not only the zoning but a little bit of insight of what we would look forward to when the site plan came back, but we're not to discuss that tonight. So I would urge the petitioner to take into account our previous conversations where if this were to prevail as far as the rezoning request, then that be taken into amount when the site plan is brought forward, but we don't want to rehash it again tonight. I 22229 know we talked about which way it's oriented on the site, and things at that nature, but we're just going to confine it to zoning tonight. Mr. Walsh: Coned. That is what is before for us. Thank you, Mr. Morrow. Any other questions or comments? I know we do have a couple people in the audience. If there's no objection, would you like to address the Commission before we move forward? Good evening. Charles Miller, 15345 Green Lane. How do you expect to know what the back part at the property is going to be rezoned? They tell me it's going to stay the same. Is there anything that they can come back and put another building in there later? Mr. Walsh: Mr. Taormina, he is coned in stating that the back portion of the property will remain the same? Mr. Miller: That's what they say. They sold part of the property way in the back, but then part of it is supposed to stay the same. Mr. Walsh: Correct. Mr. Miller: But now the Iasi time they started to put a condo up there, then they started to put the second one up. I'd just like to be reassured that there would only be the one up by Five Mile. Mr. Walsh: Right. Mark, could you shoe with the computer the portion we're going to vote on this evening and the portion that will remain the same? Mr. Taormina: Yes. This is the outline of the property. It's an L-shaped piece. The area that is requested to be rezoned includes this portion of the land here. That is just enough land area to allow for the number at units or homes that they propose in this building. The balance of the property, which is the northerly portion of the site and approximately .45 acres in size, would remain under the R-1 zoning. That property as it exists would either be part of the condominium open space area or would have to be combined with some of the adjoining residential lots either to the north, the east or the west. It could not exist as a separate tax parcel because it would not contain the necessary frontage on a public street. Effectively, this area becomes undevelopable land by virtue of the fad that it's either going to become part of the condominium association land and under the R-1 zoning or would be combined with one of the lots around it. The only way 22230 it could be developed is if a road is extended further to the north to allow for single family construction, but that is something that would require a re -review by both the Planning Commission and the City Council. I'm not sure what the likelihood of that is. It's not something that is being considered as part of this review at this point and time and is not likely to be considered in the future. Mr. Miller: Well, he says that back part, that darker shade, is supposed to be sold, that the neighbors back there have bought that property already. Mr. Taormina: If one or more of the neighbors purchase this land, they would have to provide the necessary access back here for any kind of construction. I'm not sure that they have the ability to do that with the amount of land area that they own. Mr. Miller: I'm talking about the piece that's just south of that, between the condo and that clear part. That's behind me. Mr. Taormina: No, that area would have to remain open. If this plan is ultimately approved, then this area would remain undeveloped. It could not be built upon without there being variances because, as I indicated earlier, there's only enough land area here to allow for the number of units they have shown in this one building. There is not sufficient land area to allow for any more units to be built on the property. Mr. Miller: Okay. Thank you. Mr. Walsh: Unless there are any other comments from the Commissioners, I would seek a motion. Mr. La Pine: We've heard this case so long, I think it's about time we moved on here. On a motion by LaPine, seconded by Morrow, and unanimously adopted, itwas #04-41-2005 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on March 1, 2005, on Petifion 2005-01-01-02, submitted by Southeastern Michigan Management Company, requesting to rezone property at 27480 and 27486 Five Mile Road, located on the north side of Five Mile Road between Inkster Road and Foch Avenue in the Southeast 1/4 of Section 13 from R-1 to R -C, the Planning 22231 Commission does hereby recommend to the City Council that Petition 2005-01-01-02 be approved forthe following reasons: 1. That the proposed change of zoning is compatible to and in harmony with the surrounding zoning and land uses in the area; 2. That the proposed change of zoning is consistent with good land use planning principles of providing a buffer or transitional zone between single family residential land uses and major thoroughfares; 3. That the proposed change of zoning will provide for development of the subject property in a manner consistent with its size and location; 4. That the proposed change of zoning will allow for the development of the subject property in a residential mode to provide for additional housing opportunities in the City; and 5. That the proposed change of zoning will provide for more of a variety of housing types in the area. Mr. Walsh: Are there any comments or questions? I will make one jrst quickly. We certainly have been looking at this. I was looking at the notes starting back to 1997. This is our third petition by a different petitioner. I think it meets all of the objectives that we have been concerned with for many, many years. We appreciate you coming forward and working with us. Is there anything else? Will the Secretary please call the roll? 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 #6 PETITION 2003-02-08-05 S & N DEVELOPMENT Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2003- 02-08-05, 00302-08-05, submitted by S & N Development Company requesting an extension of the site plan, which previously received approval by the City Council on April 23, 2003 (CR 183-03), in connection with a proposal to construct an office building at 37640 Seven Mile Road, located on the north side of 22232 Seven Mile Road between Newburgh Road and Vidor Parkway in the Southeast%of Section 6. Mr. Walsh: Mr. Taormina, is there anything to add before we move forward? Mr. Taormina: This is a second one-year extension for this site plan. Its for a three-story office building located on the north side of Seven Mile just east of Vidor Parkway. The City Council originally approved the plans for this development back in April, 2003. There was an extension granted in March, 2004, and now the petitioners are once again requesting an extension at the site plan fora period of one year. Mr. La Pine: How many extensions can they gel, from now to doomsday? Mr. Taormina: To my knowledge, the ordinance doesn't place a limitation on the number of times a site plan can be extended. Mr. La Pine: I've got no problem with it. wasjustcurious. Mr. Alanskas: They've had one year. Now they've got two years because of economic conditions, but what good is having a one-year period if you keep giving all these extensions? This is going to be his third. You know we have no knowledge that this is going to be done with this new petition for another year, do we? Mr. Taormina: There is nothing pending that I'm aware of at this time as far as a construction schedule. I know the developer is very anxious to get underway as soon as he's able to fnd an interest in the site. There's been some discussion with some office tenants, but nothing that I'm aware of that is immediate. Mr. Alanskas: If we give him another extension, he could say, well, I've tried for this year, and I still have no tenants or no prospects for putting this building up. Mr. Taormina: In the past, the Planning Commission, if they feel that circumstances have changed, can choose to bring the site plan back for reconsideration. You do have that option available to you. I'm not sure that it's warranted in this case, but I think as fime drags on, you certainly don't want to confinue to grant these extensions if circumstances in the area are changing. It might require a fresh look at the plans at some point in time. Mr. Alanskas: I just wondered if it would behoove the City to not give the extension and have him come back with another petifion and do the process all over again instead of just giving these extensions all the time. 22233 Mr. La Pine: My only problem with it is as along as have this request on the floor, we know he can only get an office building there. I'm always afraid he may come up with some idea and want to go in there with some commercial development along the parkway there and that's something I would not be too happy about, you know. As far as I'm concemed, I feel a lot safer to give him another year extension and hopefully things will change by then. Mr. Walsh: A motion is in order. On a motion by LaPine, seconded by Morrow, and approved, it was #04-42-2004 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2003-02-08-05 submitted by S & N Development Company requesting a second extension of the site plan, which previously received approval by the City Council on April 23, 2003 (Council Resolution #183-03), in connection with a proposal to construct an office building at 37640 Seven Mile Road, located on the north side of Seven Mile Road between Newburgh Road and Victor Parkway in the Southeast %of Section 6, be approved subject to the following conditions. 1. That this request for a second extension of Site Plan Approval by S & N Development Company, in a letter dated March 2, 2005, is hereby approved for a one-year penod;and 2, That all conditions imposed by Council Resolution #183-03 adopted on April 23, 2003, in connection with Petition 2003-02-08-05, which permitted the construction of a of a three-story office building, shall remain in effect to the extent that they are not in conflict with the foregoing condition. Mr. Walsh: Are there any comments? I agree with both of you. I think the conditions haven't changed so I'm not concemed, but I do share Mr. Alanskas' thought pattern this being the second extension. The office market is extremely soft and given that, one more year is not going to kill us. Mr. LaPine: If you look at Plymouth Road, we have Salem Lumber Company there. That guy has spent a lot of money on that building and its been empty now for I guess over two years, and that's a building already built and he can't get a lessee for it. Hopefully it's going to change. Mr. Walsh: Would the Secretary please call the roll? 22234 A roll call vole on the foregoing resolution resulted in the following AYES: LaPine, Morrow, Shane, Piercecchi, Smiley, Walsh NAYES: Alanskas ABSTAIN: None ABSENT: None 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#7 APPROVAL OF MINUTES 902nd REGULAR MEETING Mr. Walsh, Chairman, announced the next item on the agenda, Approval of the Minutes of the 902n° Regular Meeting held on March 15, 2005. On a motion by Shane, seconded by LaPine, and unanimously adopted, it was #04-43-2005 RESOLVED, that the Minutes of 902"d Regular Meeting held by the Planning Commission on March 15, 2005, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Shane, LaPine, Alanskas, Piercecohi, Morrow, Smiley, Walsh NAYS: None ABSENT: None Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 903'-4 Public Hearings and Regular Meeting held on April 5, 2005, was adjourned at 9:25 p.m. CITY PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: John Walsh, Chairman