HomeMy WebLinkAboutPLANNING MINUTES 1994-03-08 13323
MINUTES OF THE 680th REGULAR MEETING AND PUBLIC HEARINGS
'41.1. HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF
LIVONIA
On Tuesday, March 8, 1994, the City Planning Commission of the City of Livonia held
its 680th Regular Meeting and Public Hearings in the Livonia City Hall, 33000 Civic
Center Drive, Livonia, Michigan.
Mr. R. Lee Morrow, Vice Chairman, called the meeting to order at 7:30 p.m. , with
approximately 20 interested persons in the audience.
Members present: R. Lee Morrow James C. McCann William LaPine
Brenda Lee Fandrei Raymond W. Tent
Members absent: Jack Engebretson Robert Alanskas
Messrs. John J. Nagy, Planning Director; H. G. Shane, Assistant Planning Director;
and Scott Miller, Planner I, were also present.
Mr. Morrow informed the audience that if a petition on tonight's agenda involves a
rezoning request, this Commission only makes a recommendation to the City Council
who, in turn, will hold its own public hearing and decide the question. If a
petition involves a waiver of use request and the request is denied, the petitioner
has ten days in which to appeal the decision to the City Council; otherwise the
petition is terminated. The Planning Commission holds the only public hearing on a
'Now preliminary plat and/or a vacating petition. Planning Commission resolutions
become effective seven days after the resolutions are adopted. The Planning
Commission has reviewed the petitions upon their filing and have been furnished by
the staff with approving and denying resolutions. The Commission may use them or
not use them depending upon the outcome of the hearing tonight.
Mr. Morrow: If you will notice on the agenda tonight seven of the ten public
hearing items are those brought forth by the City Planning
Commission, which means that once we have explained to the audience
what we are meeting on we will be going directly to the audience
for their input as far as the public feedback, so if you are here
tonight to speak to one of those items it would be appreciated if
you would move down to the area of the rostrums on either side so
we can keep the meeting moving right along. On that I will ask Mr.
McCann to read the first item.
Mr. McCann, Secretary, announced the first item on the agenda is Petition 94-1-1-3
by the City Planning Commission proposing to rezone property located on
the east side of Deering, north of Joy Road, in the Southeast 1/4 of
Section 36 from C-2 to RUF.
Mr. Miller presented a map showing the property under petition plus the existing
zoning of the surrounding area.
Mr. Nagy: We have received a letter from the Engineering Department stating
they have no objections to this rezoning proposal.
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Mr. Morrow: This is one that the City Planning Commission has brought forward.
Is there anyone in the audience wishing to speak for or against the
granting of this petition?
Chris McDonald: I am here representing Mrs. 011ar. She is the owner of the
property. Her daughter brought her. She has cancer. She is very
sickly. This is a surprise to her. She does not know why. She is
here to ask you why you are petitioning to change the zoning.
There are some questions. Number one, what is not represented is
if you go left you see a home. It is on a separate piece of
property. It is zoned C-2 and has been for many, many years. Mrs.
011ar owns the property behind the second pink building just above
where it says C-2. Her property goes all the way back to the RUF.
What they are proposing to do is take 65 feet of her property,
which has been zoned C-2 since she has owned the property and she
is the original owner. She built the building that you see there.
They are petitioning to take 65 feet of her property from C-2 and
to change it to an RUF. We are confused by that because I believe
RUF is 1/2 acre and neither one of those properties represent 1/2
acre. If you have questions, maybe I can help Mrs. 011ar.
Mr. Morrow: That is why we are holding a public hearing. We will take your
questions one at a time. First of all, John did we serve a notice
that went out not only in the paper but also directly to the
property owners?
Mr. Nagy: That is correct. The property owners did get notice of the
proposed change of zoning by common mail.
N.. Mr. Morrow: Do we have a service to the lady in question? Do we have a record
of that?
Mr. McDonald: She received a notice. It is not a question that she was not
served notice. It is a question of why. It is a surprise to her.
She has owned this property for 40 years.
Mr. Morrow: Basically, I will certainly let the staff also address it, but if
you look at the zoning map you will see that the residential zoning
is on that line, the red line to the south. In other words, one of
the properties is already in a residential zoning classification
and all the abutting properties in there are in a residential
classification. So it is the intent of the City to put the zoning
in the use it is currently at, particularly as it moves along the
line so it is kind of squared off with the rest of the residential.
That is the reason for it. John, is that a fair statement?
Mr. Nagy: I think you have said it pretty well. This is really what we look
at as a housekeeping chore. To begin with the residential lot on
Deering Avenue, as you pointed out, has been used residentially and
developed residentially. It is a separate lot of record. The
house therefore is non-complying with respect to the C-2 zoning
classification so by removing what we determined to be surplus
commercial zoning, it is not needed to support any of the
commercial development in the area, so to remove the commercial
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zoning really brings the home and that lot into compliance with the
appropriate zoning classification therefore making it more of a
conforming than a non-conforming situation. Therefore, in
establishing the new commercial zoning line at the south property
``r line of the residential property, it seemed more logical to us to
continue that line across the area so as to minimize the
encroachment of the commercial zoning that does now occur, in back
of not only the subject lot to the zoning change but also the lot
on the east side of Cardwell Avenue. The commercial zoning then
would penetrate into the backyards of those two residential uses.
There is no need for that. It is not used for off-street parking.
It is not needed to support off-street parking for the commercial
building on Joy Road so we have determined that is also surplus
commercial zoning and not needed, so therefore we are trying to
make the commercial line more uniform with respect to the depth
north of Joy Road. That was the logic behind it. We think it is
more compatible to the neighborhood. It is not needed to support
commercial development or off-street parking. That is really the
motive behind this.
Mr. McDonald: The problem is for the more than 40 to 50 years she has owned the
property and there has been parking in front of her building. I
have to take umbrage to what you said about it not being needed to
support parking. She is now trying to sell the building. Everyone
who has come before Engineering and Planning has been told the same
thing. She has parking in front of the building and now they don't
want parking in front of the building. They want parking developed
behind the building. You said you don't see a use for it but
commercially the problem we are having is just that. Now anybody
'tow that looks at this property for sale has to go in the back and see
how much parking they can get behind the building itself. I am not
going to dispute if you want to change the home where it is
commercial to residential, yes I am not going to dispute that now
you would have parking behind the home but the problem she is
having in selling the property, you are taking more and more
commercial use away from her land and she can't sell the building.
Right now this building is assessed at $210,000 or $215,000. It
has been for sale for nine months because of what the City wants.
The best offer we have had on this property is $130,000. You are
putting more burdens on the use and the sale of the property. You
say there is no use for it back there but you have now created more
use in the 40 years.
Mr. Morrow: Basically what we are saying in a nutshell, we said earlier we are
trying to put it in a use that is conforming to adjacent property
owners and we also feel it is not a good practice to have
commercial in the backyards of people already living there. We are
not changing anything.
Mr. McDonald: But once you change the commercial on the one I agree. What you
are saying is we want to make this now residential. It is zoned
commercial. When you say you want to clean house, you are just
going to make that line right across. Why does she have to take
the burden of you changing the property to the left just to clean
up your lines as you just said to now put commercial behind
'`"' residential, you are changing the property to the left.
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Mr. Morrow: That is absolutely correct. That is what we are proposing to do.
We don't know how it is going to come out.
Mr. Tent: To the petitioner's representative, you said the home had been on
Now the market for nine months?
Mr. McDonald: No, the commercial building.
Mr. Tent: During this period of time how many offers did you have on it
because you already had the parking in the back? The zoning was
already set. There was no change at that particular time. Did any
of those people express an interest in buying that property
including the rear parking?
Mr. McDonald: They made an offer of $130,000. That is the best offer we had.
Mr. Tent: Even with the commercial property as it stands right now?
Mr. McDonald: Yes even with the commercial property.
Mr. Tent: So by cutting it in half do you feel that is going to help you?
Mr. McDonald: No it is going to hurt us. It is putting a a further burden on
parking behind the building.
Mr. Morrow: Is there parking there now?
Mr. McDonald: Yes sir there is some parking but because the City wants to
completely remove all parking in the front area, the parking behind
fir. the building is going to have to be extended but it can't be
extended if you are going to remove the commercial classification
from it. Correct me if I am wrong.
Mr. McCann: In that rear 65 feet Mr. Nagy is there parking currently in that
area?
Mr. Nagy: No there is not.
Mr. McCann: He would have to come back before the Planning Commission in order
to put parking back there anyways. Is that correct?
Mr. Nagy: That is correct.
Mr. McCann: So at this point there hasn't been any parking. We have to
determine whether, in fact, if he did come back under C-2 use
whether we would let him put parking in two homes' backyards, which
I don't feel would be good planning anyways so I don't see a
problem.
Mr. LaPine: John, I want to get something straight in my head. The property on
the corner of Deering and Joy Road, directly behind there is a
house. Is that property and the property to the east, the property
we are talking about here tonight, is that all by the same owners?
Mr. Nagy: No.
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Mr. LaPine: It is by two different owners. Let me ask this question. Let's
assume we do change the zoning tonight and that 65 foot lot becomes
a residential lot. If it is sold as a residential lot, how do you
get to that lot?
Mr. Nagy: The area of the proposed zoning change, the 65 feet, is not a lot
of record. The overall property actually extends from Joy Road on
the north to the line that goes across the third lot north. It is
zoned in two different zoning classifications. The zoning
district that separates RUF from C-2 is not the subject property
here representing the property line. It is just an arbitrary
zoning line.
Mr. LaPine: I guess what I am trying to find out John if that goes to RUF,
which it is not going to be developed because it is not a half
acre, it would probably have to be an R-1 lot to build a home. My
question is if someone bought that and wanted to build a house on
it, how do they get to the lot?
Mr. Nagy: The only way you would be able to is to develop an easement across
the commercial portion to get to the rear.
Mr. LaPine: That is the problem I see. I understand what we are trying to do
and I agree. I don't want any more commercial development behind
the residential homes that are there now. I think you can
understand that. If you lived there, you wouldn't want any
commercial property behind your home. That is what we are trying
to do is even off the dividing line where we have the commercial
so if anything is developed on that property it would be a home and
— we won't be encroaching upon the homeowners. You as a homeowner,
if you lived there, you wouldn't want anybody encroaching upon your
property. I can also see your point of view as far as the parking.
I guess what I don't understand, I think what Mr. Tent was trying
to bring out, if you could not sell the property in nine months
where you already have that parcel of land as part of your overall
parcel, then what is going to keep that from being sold if that
isn't part of it. If someone wanted that parcel then you could
have sold it nine months ago. You could have sold the whole parcel
as commercial and then they would have had to come back before us
and try to get us to allow them to use it for parking so if it
hasn't been able to be sold in nine months with that parking as
part of the parcel, how are we hurting you by rezoning this?
Mr. McDonald: Maybe I am misunderstanding your question. We are having trouble
selling the property as it stands and you are putting a further
burden on it.
Mr. LaPine: You haven't been able to sell it in nine months and you haven't had
a burden on it. You haven't had a burden on it in nine months,
have you not? You have had one offer right?
Mr. McDonald: We have had one offer in nine months because the City will not let
us use it as it is presently used. There is parking along the
front. They want to eliminate that.
`o. Mr. LaPine: How big of a building is it?
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Mr. McDonald: 4800 square feet.
Mr. LaPine: How many parking spaces would be required for 4800 square feet?
Nur Mr. Nagy: By the zoning ordinance the requirement is 26.
Mrs. Fandrei: Mr. Nagy, if we were to rezone that northern parcel, am I correct
in recalling that we just passed an ordinance that would not allow
that to be developed as a residential piece of property because it
doesn't have direct access to a road?
Mr. Nagy: We clarified that section of the ordinance that says residential
property should front on a publicly dedicated street, yes.
Mrs. Fandrei: So this could not in any way, shape or form be built on as a
residential piece of property?
Mr. Nagy: In my opinion the ordinance, right now, works a hardship on this
property. There is already residentially zoned property on this
parcel of record so it does work a hardship and I think it is
grounds to take an appeal to the Zoning Board of Appeals to try to
get a variance to allow the construction of a home on this
property.
Mrs. Fandrei: It is not likely. From what I read in the ordinance it is not
likely that this is going to be able to be developed residentially.
Mr. Nagy: I disagree. I think this is a genuine hardship on this property
owner to have the residual residentially zoned property on the back
,,` of their property and not be able to use it. I think it is a good
case for the Zoning Board of Appeals.
Mrs. Fandrei: If we are not allowing this property owner to park in the front,
how much space is there in the rear for parking?
Mr. Nagy: I don't know that the City is not. The gentleman says that but I
don't know that the City is not allowing the front to be used for
parking. I think what the City is saying you cannot park in a
public right-of-way. Certainly if they can comply with the
off-street parking in the front, they are entitled to park in
front. Our study shows that there is enough room to park at least
20 cars or more in the back of that building between the area of
the building itself and the proposed rezoning line.
Mrs. Fandrei: I looked at this property today but I think with what is coming up
with the property being on the market, the questionable property
parking, etc. I would like to table this until we can look at this
a little more in depth. I feel we are giving a hardship to this
individual if we do rezone it. I would like to go back and look at
it with this new information.
Mr. Morrow: Is there anyone else who wishes to speak for or against this
petition?
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Edward Rood, 8885 Cardwell: I am here tonight for number 2 but number 1 affects me
too. My property abuts their property. I am the very first house
on Cardwell. Since they are rezoning and putting a wall up, I
would like to see it rezoned. They do have enough parking the same
*ft.y as the bump shop does.
Mr. Morrow: So if I am following you correctly sir you are in favor of the
rezoning?
Mr. Rood: Yes sir I am. I have lived there for almost 19 years now and I
have seen race cars, motorcycles, everything run in back of our
property. If they did rezone it, different residents would be more
than willing to buy so much of the property to go with theirs.
Mr. Morrow: We were certainly aware of some of your past problems and that is
one of the reasons we are looking at this particular piece of
property. Based on that I am going to close the public hearing and
ask for a motion.
Mr. McCann: First a question to Mr. Nagy. It appears that the first house
under the subject petition, the house is set back quite a bit. It
almost abuts the now commercial property, correct?
Mr. Nagy: Yes that is correct.
Mr. McCann: Can you give us an estimate how many feet between the house and the
rear property line on that particular property?
Mr. Nagy: I would estimate it would be 25 feet to 30 feet.
rOr
There was no one else present wishing to be heard regarding this item and Mr.
Morrow, Vice Chairman, declared the public hearing on Petition 94-1-1-3 closed.
On a motion duly made by Mr. McCann and seconded by Mr. Tent, it was
#3-49-94 RESOLVED that, pursuant to a Public Hearing having been held on March 8,
1994 on Petition 94-1-1-3 by the City Planning Commission proposing to
rezone property located on the east side of Deering, north of Joy Road,
in the Southeast 1/4 of Section 36 from C-2 to RUF, the City Planning
Commission does hereby recommend to the City Council that Petition
94-1-1-3 be approved for the following reasons:
1) That the proposed change of zoning will remove the non-conforming
use status of the subject Lot 3.
2) That the proposed change of zoning will further limit the extent of
commercial zoning in the area.
3) That the proposed change of zoning is compatible to and in harmony
with the existing uses and zoning districts in the area.
4) That the possibility of using that ever as a commercial use or
expanding the commercial use back into the residential area would
have tremendous hardship on the neighbors and the only appropriate
use would be a residential use if it were ever to be used for any
`o. other type of use.
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FURTHER RESOLVED that, notice of the above hearing was given in
accordance with the provisions of Section 23.05 of Zoning Ordinance
##543, as amended.
\r. A roll call vote on the foregoing resolution resulted in the following:
AYES: Tent, LaPine, Morrow, McCann
NAYS: Fandrei
ABSENT: Engebretson, Alanskas
Mr. Morrow, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. McCann, Secretary, announced the next item on the agenda is Petition 94-1-1-4
by the City Planning Commission proposing to rezone property located on
the west side of Cardwell, north of Joy Road, in the Southeast 1/4 of
Section 36 from RUF to R-1.
Mr. Miller presented a map showing the property under petition plus the
existing zoning of the surrounding area.
Mr. Nagy: We have received a letter from the Engineering Department stating
they have no objections to this rezoning proposal.
Mr. Morrow: We will go directly to the audience. Anyone wishing to speak for
or against the granting of this petition may come forward.
There was no one present wishing to be heard regarding this item and Mr. Morrow,
Vice Chairman, declared the public hearing on Petition 94-1-1-4 closed.
*r
On a motion duly made by Mr. LaPine, seconded by Mrs. Fandrei and unanimously
approved, it was
##3-50-94 RESOLVED that, pursuant to a Public Hearing having been held on March 8,
1994 on Petition 94-1-1-4 by the City Planning Commission proposing to
rezone property located on the west side of Cardwell, north of Joy Road,
in the Southeast 1/4 of Section 36 from RUF to R-1, the City Planning
Commission does hereby recommend to the City Council that Petition
94-1-1-4 be approved for the following reasons:
1) That the proposed change of zoning will provide for a uniform
zoning classification for the subject property.
2) That the proposed change of zoning will provide a zoning
classification which provides for lot sizes similar to the subject
lot.
FURTHER RESOLVED that, notice of the above hearing was given in
accordance with the provisions of Section 23.05 of Zoning Ordinance
##543, as amended.
Mr. Morrow, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
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13331
Mr. McCann, Secretary, announced the next item on the agenda is Petition 94-1-1-5
by the City Planning Commission, pursuant to Council Resolution #959-93,
proposing to rezone property located on the west side of Middlebelt Road
between Seven Mile Road and Clarita Avenue in the Northeast 1/4 of
Section 11 from C-1 and C-2 to P and from C-1 to C-2.
Mr. Miller presented a map showing the property under petition plus the
existing zoning of the surrounding area.
Mr. Nagy: We have received a letter from the Engineering Department stating
they have no objections to this rezoning proposal.
Mr. Morrow: This again is like the prior two petitions. We are trying to put
in the zoning classification to what it is currently being used
for. Is there anyone here wishing to speak for or against the
granting of this petition?
There was no one present wishing to be heard regarding this item and Mr. Morrow,
Vice Chairman, declared the public hearing on Petition 94-1-1-5 closed.
On a motion duly made by Mr. Tent, seconded by Mr. LaPine and unanimously approved,
it was
#3-51-94 RESOLVED that, pursuant to a Public Hearing having been held on March 8,
1994 on Petition 94-1-1-5 by the City Planning Commission, pursuant to
Council Resolution #959-93, proposing to rezone property located on the
west side of Middlebelt Road between Seven Mile Road and Clarita Avenue
in the Northeast 1/4 of Section 11 from C-1 and C-2 to P and from C-1 to
C-2, the City Planning Commission does hereby recommend to the City
Nagar Council that Petition 94-1-1-5 be approved for the following reasons:
1) That the proposed changes of zoning will provide for a P, parking
classification on all of the off-street parking area and a uniform
C-2 zoning classification for the entire building group.
2) That the proposed changes of zoning will provide for zoning
classifications more in keeping with the uses of the subject
properties.
FURTHER RESOLVED that, notice of the above hearing was given in
accordance with the provisions of Section 23.05 of Zoning Ordinance
#543, as amended.
Mr. Morrow, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. McCann, Secretary, announced the next item on the agenda is Petition 94-1-1-6
by the City Planning Commission, pursuant to Council Resolution
#1018-93, proposing to rezone property located on the north side of
Seven Mile Road, east of Fitzgerald in the South 1/2 of Section 5 from
PL to R-3.
Mr. Morrow: Item number 4 is being withdrawn tonight. It is a petition whereby
the City was contemplating putting it back into a residential type
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13332
of use and selling it to someone but subsequently it was determined
by the Fire Department that site had to remain for a future fire
department site because of the logistics of the area. Based on
that input from the Fire Department and from the City Council, we
are going to withdraw Item number 4 tonight and cease all action on
this particular site and leave it in a future fire station zoning.
On a motion duly made, seconded and unanimously approved, it was
#3-52-94 RESOLVED that the City Planning Commission does hereby determine to
withdraw Petition 94-1-1-6 by the City Planning Commission, pursuant to
Council Resolution #1018-93, proposing to rezone property located on the
north side of Seven Mile Road, east of Fitzgerald in the South 1/2 of
Section 5 from PL to R-3, and deems that no further action by the City
is necessary.
Mr. Morrow, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. McCann, Secretary, announced the next item on the agenda is Petition 94-2-2-4
by Chinese Family Buffet requesting waiver use approval to operate a
full service restaurant in an existing building located on the south
side of Five Mile Road between Middlebelt Road and Beatrice Avenue in
the Northeast 1/4 of Section 23.
Mr. Miller presented a map showing the property under petition plus the
existing zoning of the surrounding area.
Mr. Nagy: We have received a letter from the Engineering Department stating
they have no objections to this waiver use proposal. We have also
Noir received a letter from the Ordinance Enforcement Division stating
their office has no objection to the proposal, however, the
following items should be noted: 1. The existing dumpster
enclosure that extends out from the rear wall of the building has
interior dimensions of 7'x8'9" and may be too small to enclose the
dumpsters and grease barrels required for a use like this. The
enlargement of the dumpster enclosure previously proposed by
Outback Steakhouse and the addition of gates would be highly
recommended. 2. The alteration of this space to accommodate the
restaurant use will likely include new rooftop mounted equipment
that may require screening. We have also received letters from the
Traffic Bureau and Fire Marshal's office stating they have no
objections to this proposal.
Mr. Morrow: Is the petitioner with us tonight?
Jim Krupa: I am the architect who prepared the plans for this particular
petition. I would like to introduce also to you people that have
accompanied me here tonight: Mr. and Mrs. Wong, who are going to
be the restaurant owners are here to answer any questions specific
to the operation of the restaurant. Carmen Henderson and Joseph
Jayner are here representing Woodbridge Management, who are the
owners of the building and the property. Howard Schwartz from
Schostak Brothers is here with us this evening. He is involved
13333
with the transaction and lease agreement. I would like to start by
indicating that Mr. and Mrs. Wong presently have a restaurant in
operation in Lansing. This has been in operation for approximately
one year and as far as their space planning needs and their
anticipation of, for example, the refuse and the trash, etc. , it is
*low very well understood by them as to what their requirements will be.
It is my understanding, after consulting with them, that they will
need in addition to the dumpster something for grease and oil and
things of that nature. I have been informed that near the back of
the property there is a Coney Island there and there have been
provisions made for that kind of storage and placement of that
particular type of refuse. There was talk about possibly using
that area for just that kind of matter coming out of this
restaurant space and the dumpster enclosure that is there now would
be used for strictly the trash that would be generated by the
restaurant. With that the space of the enclosure would probably be
adequate but if they would entertain the idea of wanting to have it
more convenient for them by locating both facilities or containers
within this area, I don't see a problem. I don't think they do
either. We are ready to address that if it becomes a requirement
even though they have several options to look at, at this point in
time. In regards to rooftop units or mechanical equipment, because
of the cooking equipment and the wok stove, there will be a
ventilation system required. There will be three rooftop
ventilators and their dimension off the roof, including the curve,
is approximately 40 inches. There will also be a makeup air unit
and with its curve, its dimension will be approximately 40 to 42
inches. The building elevation at Middlebelt Road has a parapet
that is approximately six to seven feet high, which is, as you may
have realized by going down Middlebelt Road, you can't see anything
``w on the roof of that building from that elevation so that in itself
would be adequate enough to block any view of any equipment going
up there. The only concern would be coming down Middlebelt Road
from the south going north and it is from the side that the Taco
Bell restaurant is on. Because of the placement of the equipment
being further in from the edge of the roof and the parapet wall at
that very back point of the building being approximately 36 to 40
inches, with the placement of the equipment back five to six feet,
which would be the ventilators on the rooftop, you would have to be
almost at your eye level, almost at the edge of the roof, in order
to see this equipment with the present condition that is there now.
What I wanted to emphasize, all the proposed rooftop equipment
would not exceed dimensions that would make it visible from the
existing architectural character of the building right now.
Besides making those modifications to the exterior there is nothing
else being proposed as far as the aesthetics of the building
itself. There eventually will be a petition submitted for signage
on the building and they will be in the process of preparing that
and understand that, of course, it has to be submitted under a
separate proposal. Basically, I think the plan indicates a
straight forward business operation here meaning it is intended for
everyone in the community. It is not going to be high priced and
it is not going to be a fast food meaning a carry-out type like a
lot of other type businesses. It is a family oriented business
13334
geared price wise, and as far as the environment on the inside,
generating that kind of feeling, and I think something very welcome
to the City of Livonia and something that the City of Livonia could
be very proud of. There are no alcoholic beverages being proposed
here and there is no intention on the part of the owners of making
'441. that request even at a later point in time. My understanding just
by meeting them not too long ago and getting involved in this
project, and especially with the restaurant they have right now,
they are very good at preparing the food they do and they make that
their specialty and want to continue on with that basis in mind.
Unless you have any further questions specific to operations.
Mr. Tent: Mr. Krupa, you are the architect, is that correct?
Mr. Krupa: That is correct.
Mr. Tent: My first question is do they intend to lease the building?
Mr. Krupa: Yes.
Mr. Tent: For how long?
Mr. Krupa: Howard will answer that question for you.
Mr. Schwartz: The proposed lease is for about 245 months so you are talking about
a ten-year term.
Mr. Tent: That is with a renewable option, I am sure.
Mr. Schwartz: There is an option at the end of the lease that you need to give
' r one year's notice.
Mr. Tent: As far as any leasehold improvements, are you going to be supplying
all the leasehold improvements within the building?
Mr. Schwartz: The leasehold improvements will be part of the tenant's
construction. The landlord will be delivering the premises to
them in the condition it is in now subject to the approval of the
plans by both the Health Department and the City of Livonia.
Mr. Tent: I have a question concerning the dumpsters. There had been another
restaurant proposed there at one time and they were interested in
the location and they had indicated they were going to have a much
larger dumpster which would accommodate the restaurant usage and
that dumpster was approved by us because it was large enough to
handle the facilities. It is indicated here by our Inspection
Department that the dumpster you are proposing now wouldn't be
adequate. Then I was surprised by the statement made that there is
a Coney Island next door and they have a dumpster and maybe you
guys can share and we just don't do that here in this City. You
have to have that on your own premises.
Mr. Krupa: I didn't mean to imply that they would be sharing a facility. What
I meant to indicate was that the Coney Island is further down in
13335
the center. It is near the back of the property and there are
facilities down at that end of the property for this kind of
storage meaning we could select a location down there for this
specific storage meaning that trash, paper items, things of that
nature, could be placed in a dumpster in this location in the front
4iow of the building where their leased space is and another location
for the other matter could be down near the other side of the
property where the Coney Island has their storage facility, not
meaning they would share it but it would be located near or
adjacent to it.
Mr. Schwartz: If I may, the current condition that exists is that there is a
trash removal and an oil storage right adjacent to the Coney Island
and we would put, in the same vicinity, the oil removal where it
currently exists for that operation but not to share a retainer.
Mr. Tent: Would you have any problem making it the same size as we had on our
previous petition? You are going to accommodate the same type of
building so the dumpster that had been approved for the previous
restaurant location, could you indicate that in that particular
spot?
Mr. Schwartz: I believe if that was a requirement, yes we could comply to create
that environment that you approved previously for the Outback Steak
House.
Mr. Tent: The reason I say this is I like Chinese food and it is good and I
know it will be a good restaurant but the Chinese garbage
collection is a lot greater than the regular restaurants so they
really do have a lot of disposal and I was just concerned there was
*our enough containment for those that don't take it home, that they
have a place out in the dumpster to take care of what they are not
using.
Mr. Schwartz: I think your concern is very valid. We will make certain that the
size of the dumpster area is going to be adequate and sufficient to
the size of the operation.
Mr. Tent: The other question I had to the architect is we have a policy in
Livonia where we like to cover our mechanical equipment on the
roof. In other words, would you be amenable to add this to your
plans to completely cover up the mechanical equipment that is
exposed on the roof?
Mr. Krupa: I don't see a problem with taking whatever means are necessary to
obstruct the view of the mechanical equipment but at this point in
time I don't see it will be a requirement because of the dimensions
of the equipment being how far they extend to the very uppermost
point of the roof. I think the existing parapets on the building
itself right now would adequately screen that view. If they do
not, and I can provide further documentation meaning a drawing
indicating that and if they do not, then we will take measures.
Mr. Tent: I will direct that question to our staff to see if they feel this
could be accomplished.
`..
13336
Mr. Nagy: I am reasonably confident that the architect is correct on his
assessment of the height of the parapets and the mechanical
equipment will be screened but to be on the safe side we could put
a condition in the approving resolution that in the event the
mechanical equipment is visible from the ground line, then it shall
be screened.
Mr. Schwartz: I think the owners would understand that as a reasonable
requirement.
Mr. LaPine: Do I understand you to say you don't want a liquor license at this
location and you won't be in asking for one at a future date? I
thought you told us they do not want a liquor license now or in the
future because I would like to put that on the record that you will
not be back requesting a liquor license.
Mr. Krupa: Chris, it is your intention that you are not going to later request
a liquor license?
Chris Wong: The restaurant will be non-smoking and no liquor.
Mr. LaPine: The front of the building right now is all glass. Is any of that
changing?
Mr. Schwartz: No, it will still be all glass because they want the openness of
that glass.
Mr. LaPine: John, Wayne County, when they put the equipment on the ceiling
that will be installed so there are no odors coming out of there?
Nre" Mr. Nagy: It will all be inspected and have to meet all the air quality
requirements imposed by the county.
Mr. Krupa: Specific use documents and plans and details have to be submitted
to Wayne County Health Department. They take a lot of care in
reviewing the ventilation and exhaust system and there are filters
that are required. I think it has become much more of a concern in
recent years because some of the restaurants, especially with
char-broiled type of equipment, etc. There was once a time when
you could ride down the road and smell quite a bit of odor from
restaurants but you will find that now pretty much eliminated
depending upon the county you go into. Many of the health
departments of the various counties of the Detroit metropolitan
area carefully review that aspect of restaurant design.
Mr. LaPine: Is this strictly Chinese? Are they going to have any American
food or is it strictly Chinese buffet style?
Mr. Wong: It will be only Chinese buffet style.
Mr. Morrow: Is this what separates this from the normal Chinese type
restaurant? What would a Chinese buffet be?
'Nor,
13337
Mr. Schwartz: A normal Chinese restaurant as we have seen for the past 20 years
or more has a menu, a generally limited American menu, and you
order from a specific category. The Chinese buffet will have
different items each day. There will be some overlap for commonly
requested items but they will have featured specials that will be
available throughout the day and steam tables which they refurbish
them as they are being emptied out so there are a variety of
different items available each and every day on a changing basis
and it is a one-price buffet type restaurant where you can have a
variety of different items. It is a little different format than
we are accustomed to seeing in a Chinese food menu. It happens to
be a new trend. This is new to the Detroit metropolitan area and
this will probably be the third or fourth one open, but the first
in Livonia.
Mr. Morrow: What is the seating capacity.
Mr. Krupa: 210 people.
Mr. Morrow: And the ordinance as far as parking is satisfied?
Mr. Nagy: Yes, that is correct.
Mr. Krupa: Just for the record, we are looking at making a slight revision to
the kitchen where some of the storage requirements are going to be
a little bit more than what we show right now, meaning if anything
the seating count might be reduced slightly.
Mr. LaPine: What are the hours of the operation of the restaurant?
New Mr. Schwartz: 11:00 a.m. until 10:00 p.m. , seven days a week.
Mr. Tent: What is the name of the restaurant?
Mr. Krupa: Chinese Family Buffet.
Mr. Tent: The one you have in Lansing is that a Chinese Family Buffet also?
Mr. Schwartz: Yes. It is the same type of operation.
Mr. Tent: It is not a franchise type of operation?
Mr. Schwartz: No. These two folks here have been in the restaurant business
with their family for the past 20 years. They are now coming to
the Detroit area. They are going to be running the restaurant
themselves with their own internal people.
Mr. Morrow: Is there anyone in the audience wishing to speak for or against
this petition?
There was no one present wishing to be heard regarding this item and Mr.
Morrow, Vice Chairman, declared the public hearing on Petition 94-2-2-4 closed.
On a motion duly made by Mrs. Fandrei, seconded by Mr. Tent and unanimously
approved, it was
13338
1#3-53-94 RESOLVED that, pursuant to a Public Hearing having been held on March 8,
1994 by the City Planning Commission on Petition 94-2-2-4 by Chinese
Family Buffet requesting waiver use approval to operate a full service
restaurant in an existing building located on the south side of Five
Mile Road between Middlebelt Road and Beatrice Avenue in the Northeast
Nor 1/4 of Section 23, the City Planning Commission does hereby recommend to
the City Council that Petition 94-2-2-4 be approved subject to the
following conditions:
1) That the proposed restaurant shall be limited to a total of 210
customer seats.
2) That all roof-top mechanical units shall be screened from public
view.
3) An adequately sized dumpster shall be provided with a proper
enclosure.
for the following reasons:
1) That the proposed use complies with all of the special and general
waiver use standards and requirements as set forth in Section 11.03
and 19.06 of the Zoning Ordinance ##543.
2) That the subject site has the capacity to accommodate the proposed
use.
3) That the proposed use is compatible to and in harmony with the
surrounding uses in the area.
`ft. FURTHER RESOLVED that, notice of the above hearing was given in
accordance with the provisions of Section 19.05 of Zoning Ordinance
##543, as amended.
Mr. Morrow, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. McCann, Secretary, announced the next item on the agenda is Petition 94-2-2-5
by the Livonia Rotary Club requesting waiver use approval to hold a
carnival from March 31 through April 10, 1994 in the parking lot of the
shopping center located on the north side of Plymouth Road between
Haller and Middlebelt Roads in the Southwest 1/4 of Section 25.
Mr. Miller presented a map showing the property under petition plus the
existing zoning of the surrounding area.
Mr. Nagy: We have received a letter from the Ordinance Enforcement Division
stating their office has no objection to this proposal. We have
also received letters from the Fire Marshal's office and the
Traffic Bureau stating they have no objections to this proposal.
Mr. Morrow: Would the petitioner come forward and tell us what you want to do.
Carl Riegal, 31789 Hillbrook: I am a member of the Rotary Club and I'm here on
behalf of the Rotary Club. I don't know of any questions. We have
used this site for several years.
13339
Mr. LaPine: Nothing has changed from last year. Everything is basically the
same?
Mr. Riegal: Yes, the same company.
%rn. Mr. Morrow: The only question I would have is more for the record. The Rotary
does plan on having outside supervision at all times supervising
the carnival and what is transpiring there?
Mr. Riegal: We try to have someone there all the time.
Mr. Morrow: We would like to have that a part of this record.
There was no one else present wishing to be heard regarding this item and Mr.
Morrow, Vice Chairman, declared the public hearing on Petition 94-2-2-5 closed.
On a motion duly made by Mr. LaPine, seconded by Mrs. Fandrei and unanimously
approved, it was
#3-54-94 RESOLVED that, pursuant to a Public Hearing having been held by the City
Planning Commission on March 8, 1994 on Petition 94-2-2-5 by the Livonia
Rotary Club requesting waiver use approval to hold a carnival from March
31 through April 10, 1994 in the parking lot of the shopping center
located on the north side of Plymouth Road between Haller and Middlebelt
Roads in the Southwest 1/4 of Section 25, the City Planning Commission
does hereby recommend to the City Council that Petition 94-2-2-5 be
approved subject to the following condition:
1) That all truck parking, temporary housing units and all other
related transportation equipment and apparatus relating to the
Nomi, operation of the carnival shall be parked or stored to the north or
rear of the shopping center building but no closer to the east
property line than 100 feet.
for the following reasons:
1) That the site has the capacity to accommodate the proposed use.
2) That the proposed use complies with all special and general waiver
use standards and requirements as set forth in Section 11.03 and
19.06 of the Zoning Ordinance #543.
3) That the carnival has been held here in the past and there have
been no complaints or any problems that have arisen as a result of
this carnival.
FURTHER RESOLVED that, notice of the above hearing was given in
accordance with the provisions of Section 19.05 of Zoning Ordinance
#543, as amended.
Mr. Morrow, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
On a motion duly made by Mr. Tent, seconded by Mr. McCann and unanimously approved,
it was
13340
X13-55-94 RESOLVED that, the City Planning Commission does hereby determine to
waive the provisions of Section 10 of Article VI of the Planning
Commission Rules of Procedure requesting the seven day period
concerning effectiveness of Planning Commission resolutions in
`.. connection with Petition 94-2-2-5 by the Livonia Rotary Club requesting
waiver use approval to hold a carnival from March 31 through April 10,
1994 in the parking lot of the shopping center located on the north side
of Plymouth Road between Haller and Middlebelt Roads in the Southwest
1/4 of Section 25.
Mr. Morrow, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. McCann, Secretary, announced the next item on the agenda is Petition 94-1-3-1
by Beverly Spranger requesting to vacate a portion of an easement on Lot
104, Thomas Elliot Subdivision, located on the west side of Clements
Circle W. between W. Chicago and Plymouth Roads in the Northwest 1/4 of
Section 36.
Mr. Miller presented a map showing the property under petition plus the
existing zoning of the surrounding area.
Mr. Nagy: We have received a letter from the Engineering Department stating
since there is an existing 15' sanitary sewer located within the
12' wide easement area in question (along with Detroit Edison
facilities) it appears that only a portion of the 12' easement can
be vacated to satisfy the building encroachment question. You will
note from the mortgage survey submitted by the petitioner that the
existing house and breezeway area encroach into the 12' easement by
approximately 3' . The garage encroachment is approximately 6 1/2' .
Based on the above information the following description would
vacate the northerly 4' of the existing 12' wide easement area in
the area of the house and breezeway only. We would recommend that
none of the existing easement be vacated in the area of the
existing garage. For the garage area it is recommended that a
revocable license be issued to the property to occupy the easement
area with the garage, thus retaining the City's prior interest in
the easement for purposes of sanitary sewer maintenance.
Mr. Morrow: Is the petitioner here tonight?
Beverly Spranger, 1625 Ludean, Highland: It belonged to my mother. My mother
owned this house prior to her death last August and it became mine
because I am the only daughter. However, my mother bought this
house 30 years or more ago. We never knew anything about this and
when we got her plot out it does not show anything on there. It
had been approved by F.H.A. back then for her to buy the house.
However, now they say we can't sell it unless we have this easement
vacated. I am not even sure they will vacate it with this
revocable license. However, something has to be done because this
house has been up for sale for one year and I have had numerous
people looking at it but we have not been able to sell it. As it
is now it stands to sell for $67,000, which this house has been
assessed at $71,000 and there is no way we can sell this house.
Unfortunately I am not going to sell mine to move into it. It is a
`'` strain.
13341
Mr. Morrow: You do understand what the Engineer has said about the sanitary
sewer and they may have to get in there to repair it. It may not
ever happen. We are pretty well locked in to at least preserving
that portion of the easement. In other words, you can modify the
`,`, house if push came to shove but our only guidance would be to
approve it in part and deny it in part and work with you the best
we can with this revocable license.
Mrs. Spranger: Which I agree with. However, I do have one question, how was this
house ever approved to be built in the first place over a sewer
line?
Mr. Morrow: Well that would be difficult for me to answer and I am not sure if
Mr. Nagy has the answer. That goes back 40 years and obviously
someone issued a building permit and didn't do their homework.
Mrs. Spranger: Because of somebody's mistake back then, it puts it on our
shoulders and yours.
Mr. Morrow: The dilemma is with the lending institution, whoever that might be.
Mr. McCann: I think the bank will understand and you shouldn't have a problem.
Mrs. Spranger: It is F.H.A. I certainly hope so.
Mrs. Fandrei: Mrs. Springer you do riot have an offer where a buyer has gone to a
bank?
Mrs. Spranger: Yes I had one like that and they turned it down because of the
`r.. easement. In fact, they went to three different ones and we lost
the sale and had to come down in price again. F.H.A. approved it
back then when my mother bought it. However, it doesn't show up on
the plot line. As far as I know if F.H.A. approves it, I think we
still have a sale.
Mrs. Fandrei: So your buyer now has gone to F.H.A. and you are waiting to hear if
this is going to be a problem?
Mrs. Spranger: As far as I know the buyer will go through with it.
Mrs. Fandrei: But you still want us to try to clear this up in the meantime?
Mrs. Spranger: We need to have it vacated partially.
Mr. Morrow: The principal part of the house is being vacated.
Mrs. Spranger: Most it is just the garage that they are concerned with.
Everything else is fine.
Mr. Morrow: That might satisfy them.
There was no one in the audience wishing to be heard regarding this item and Mr.
Morrow, Vice Chairman, declared the public hearing on Petition 94-1-3-1 closed.
13342
On a motion duly made by Mrs. Fandrei, seconded by Mr. LaPine and unanimously
approved, it was
#3-56-94 RESOLVFT) that, pursuant to a Public Hearing having been held on March 8,
1994 by the City Planning Commission on Petition 94-1-3-1 by Beverly
Spranger requesting to vacate a portion of an easement on Lot 104,
Thomas Elliot Subdivision, located on the west side of Clements Circle
W. between W. Chicago and Plymouth Roads in the Northwest 1/4 of Section
36, the City Planning Commission does hereby recommend to the City
Council that Petition 94-1-3-1 be approved with respect to the vacating
of the northerly 4 feet of the existing 12 foot easement for a distance
of 81 feet west of the street right-of-line (front property line) and be
denied for the vacating of the balance of the easement in the area of
the existing garage for the following reasons:
1) That the portion of the easement affecting the house and breezeway
and the area between the house and the front lot line is no longer
needed to protect any public utility equipment.
2) That the subject easement can be more advantageously utilized if
unencumbered by the easement.
3) That the portion of the easement affecting the garage must be
available for access by the City for sanitary sewer maintenance
purposes.
FURTHER RESOLVED that, notice of the above public hearing was given in
accordance with the provisions of Section 12.08.030 of the Livonia Code
of Ordinances.
Now
Mr. Morrow, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. McCann, Secretary, announced the next item on the agenda is Petition 94-2-3-2
by the City Planning Commission, pursuant to Council Resolution #990-93,
proposing to vacate an easement on the south side of Lot 336 and the
remaining portion of an easement on the north side of Lot 337, Country
Homes Estates Subdivision No. 2, north of Myrna Avenue between Newburgh
and Levan Roads in the Southwest 1/4 of Section 17.
Mr. Miller presented a map showing the property under petition plus the existing
zoning of the surrounding area.
Mr. Nagy: We have received a letter from the Engineering Department stating
it is their understanding that the remaining portions of the 6 foot
wide, east-west easement across Lot 337 are being vacated pursuant
to Council Resolution 989-93. They further state there are no City
maintained utilities within the subject easement area. Therefore,
their office has no objections to the additional vacating proposed.
Mr. Morrow: This is another petition by the City Planning Commission. Is there
anyone in the audience wishing to speak for or against this
petition?
13343
Mrs. Fandrei: John, your notes say you haven't heard from any of the public
utility companies. Do we know if there are any easements for the
public utilities?
Mr. Nagy: There are none according to City records but we have not heard from
Now any utility company.
Mrs. Fandrei: So it would be safe to act on this without hearing from them.
There was no one present wishing to be heard regarding this item and Mr. Morrow,
Vice Chairman, declared the public hearing on Petition 94-2-3-2 closed.
On a motion duly made by Mr. LaPine, seconded by Mrs. Fandrei and unanimously
approved, it was
#3-57-94 RESOLVED that, pursuant to a Public Hearing having been held on March 8,
1994 by the City Planning Commission on Petition 94-2-3-2 by the City
Planning Commission, pursuant to Council Resolution 1/990-93, proposing
to vacate an easement on the south side of Lot 336 and the remaining
portion of an easement on the north side of Lot 337, Country Homes
Estates Subdivision No. 2, north of Myrna Avenue between Newburgh and
Levan Roads in the Southwest 1/4 of Section 17, the City Planning
Commission does hereby recommend to the City Council that Petition
94-2-3-2 be approved for the following reasons:
1) That the subject easement is no longer needed to protect any public
utility.
2) That the subject area can be more advantageously utilized by the
property owner unencumbered by an easement.
"`.
FURTHER RESOLVED that, notice of the above public hearing was given in
accordance with the provisions of Section 12.08.030 of the Livonia Code
of Ordinances.
Mr. Morrow, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. McCann, Secretary, announced the next item on the agenda is Petition 94-2-6-1
by the City Planning Commission to determine whether or not to amend
Section 18.46 of Zoning Ordinance #543 pertaining to division or
partitioning of lots.
Mr. Morrow: This is another petition by the City Planning Commission. Is there
anyone in the audience wishing to speak for or against this
petition? John, do you want to fill the audience in on what this
change is?
Mr. Nagy: This is a change to the text of the Zoning Ordinance rather than a
map change. What it does is it provides for additional review
requirements in the event that there is a lot partition whereby it
may meet the minimum requirements of the subject zoning
classification but, however, upon a review we find that the
proposed lot, while meeting the minimum requirements of the zoning
13344
classification, it is clearly out of size or character with
prevailing lot sizes in the neighboring area. In that case the
City Assessor will not have the power to grant that lot split but
it will require the further review and evaluation and ultimate
approval at the City Council level. It will be a requirement for a
Nor
hearing at the Council level in those cases.
Mr. Morrow: Also the City Assessor will come to the Planning Department for
their input as it relates to lot splits conforming with the current
zoning.
There was no one present wishing to be heard regarding this item and Mr. Morrow,
Vice Chairman, declared the public hearing on Petition 94-2-6-1 closed.
On a motion duly made by Mr. Tent, seconded by Mr. LaPine and unanimously approved,
it was
#3-58-94 RESOLVED that, pursuant to a Public Hearing having been held on March 8,
1994 on Petition 94-2-6-1 by the City Planning Commission to determine
whether or not to amend Section 18.46 of Zoning Ordinance 11543
pertaining to division or partitioning of lots, the City Planning
Commission does hereby recommend to the City Council that Petition
94-2-6-1 be approved for the following reasons:
1) That the proposed language amendment will provide for more
uniformity in lot sizes in residential areas.
2) That the proposed language amendment will provide the City with
more control over lot split requests.
FURTHER RESOLVED that, notice of the above public hearing was given in
accordance with Section 19.05 of Ordinance 11543, as amended.
Mr. Morrow, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. McCann, Secretary, announced the next item on the agenda is Petition 94-2-6-2
by the City Planning Commission to determine whether or not to amend
Section 23.05 of Zoning Ordinance 1543 relative to the required zoning
sign.
Mr. Morrow: This is another one by the City Planning Commission. Is there
anyone in the audience wishing to speak for or against this
petition? Again John, would you give us a thumbnail sketch of the
reasons for this particular change to the ordinance?
Mr. Nagy: After reviewing the requirement of posting property with a sign
advising the public of a proposed zoning change, at that time it
must be posted 30 days prior to the hearing, it is our assessment
that is excessive. By ordinance we only require 15 days advance
notice by letters to the property owners and we feel to put a sign
up there an additional 15 days prior to that is excessive.
Therefore, we are trying to make that sign notification requirement
more consistent with the City's actual practice in notifying the
property owners.
13345
Mr. Morrow: So based on that the ordinance could cause someone to lose as much
as two weeks.
Mr. Nagy: Exactly.
'44111. Mr. Tent: As far as the sign that will be put up by the petitioner? That is
his responsibility?
Mr. Nagy: Yes.
Mr. Tent: We have a removal clause here that it has to be removed within 30
days. Who will enforce that?
Mr. Nagy: Ordinance Enforcement.
There was no one present wishing to be heard regarding this item and Mr. Morrow,
Vice Chairman, declared the public hearing on Petition 94-2-6-2 closed.
On a motion duly made by Mrs. Fandrei, seconded by Mr. Tent and unanimously
approved, it was
#3-59-94 RESOLVED that, pursuant to a Public Hearing having been held on March 8,
1994 on Petition 94-2-6-2 by the City Planning Commission to determine
whether or not to amend Section 23.05 of Zoning Ordinance 1/543 relative
to the required zoning sign, the City Planning Commission does hereby
recommend to the City Council that Petition 94-2-6-2 be approved for the
following reasons:
1) That the proposed language amendment will provide for uniformity in
the procedure for public notification of proposals to change the
zoning of property located in the City of Livonia.
2) That the proposed language amendment will provide a more reasonable
time period for proposed changes of zoning announcement signs to be
erected by the petitioner.
FURTHER RESOLVED that, notice of the above public hearing was given in
accordance with Section 19.05 of Ordinance #543, as amended.
Mr. Morrow, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. Morrow, Vice Chairman, announced that the public hearing portion of the meeting
is concluded and the Commission would proceed with items pending before it.
Mr. McCann, Secretary, announced the next item on the agenda is Final Plat approval
for Hunters Pointe Subdivision proposed to be located on the north side
of Plymouth Road between Newburgh and Eckles Roads in the Southeast 1/4
of Section 30.
Mr. Morrow: Is there any correspondence John or anything you would like to add
to this item?
Mr. Nagy: Nothing other than what is stated in the notes that the Final Plat
is in full compliance and we also have the appropriate letters from
�,.. the City Engineer and City Clerk.
13346
Mr. Morrow: So everything is in order. I will ask for a motion.
On a motion duly made by Mr. LaPine, seconded by Mr. Tent and unanimously approved,
it was
#3-60-94 RESOLVED that, the City Planning Commission does hereby approve the
Final Plat for Hunters Pointe Subdivision proposed to be located on the
north side of Plymouth Road between Newburgh and Eckles Roads in the
Southeast 1/4 of Section 30, for the following reasons:
1) That the Final Plat is drawn in full compliance with the
Preliminary Plat.
2) That the City Engineer recommends approval of the Final Plat.
3) That all financial obligations imposed upon the proprietor by the
City have been satisfied.
Mr. Morrow, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. McCann, Secretary, announced the next item on the agenda is the approval of the
minutes of the 678th Regular Meeting & Public Hearings held on February
8, 1994.
On a motion duly made by Mr. Tent and seconded by Mr. LaPine, it was
#3-61-94 RESOLVED that, the minutes of the 678th Regular Meeting & Public
Hearings held by the City Planning Commission on February 8, 1994 are
hereby approved.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Tent, LaPine, Morrow, McCann
NAYS: None
ABSTAIN: Fandrei
ABSENT: Engebretson, Alanskas
Mr. Morrow, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. McCann, Secretary, announced the next item on the agenda is the approval of the
minutes of the 679th Regular Meeting held on February 22, 1994.
On a motion duly made by Mr. LaPine and seconded by Mr. McCann, it was
#3-62-94 RESOLVED that, the minutes of the 679th Regular Meeting held by the City
Planning Commission on February 22, 1994 are hereby approved.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Tent, LaPine, Morrow, McCann
NAYS: None
ABSTAIN: Fandrei
ABSENT: Engebretson, Alanskas
13347
Mr. Morrow, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. McCann, Secretary, announced the next item on the agenda is Petition 94-2-8-2
by Rally's Hamburgers, Inc. requesting approval of all plans required by
*ft. Section 18.58 of Zoning Ordinance #543 in connection with a proposal to
construct a structural canopy on the restaurant located at 33500
Plymouth Road in Section 28.
Mr. Morrow: This is one we have looked at before. Is the petitioner here?
When we studied this particular item you were wishing to put up a
canopy in conjunction with the Zoning Board's approval to have an
outside dining area.
Dennis Miller: I am the Divisional Vice President of Rally's. We had the work
session last week and I explained in detail everything that we are
trying to do here. I am here to answer your questions.
Mr. Morrow: Why don't you go through it for the public and for any
Commissioners that weren't there last week.
Mr. Miller: Right now at the site we have a small patio area with no tables and
really just a flagpole. At the time we got approved last year the
City Council in their approval resolution said we could have a
waiver use for a Rally's Hamburgers but they didn't want us to have
the tables at that time. They said come back after you open and we
will take a look at it. Since that time we had a grand opening at
the site itself. People from the Council and the Mayor came to the
grand opening. We brought up the idea of tables again. At that
time they said the tables by themselves don't look like much and
"low asked what else we could do. The idea of the canopy came up
because we did a site earlier last year in Hamtramck where we had a
covered canopy and it came out kind of nice. We threw out that
idea at that time so that is how we came to look at it. That is
how we really came up with the canopy idea to cover the patio. The
patio we built originally was so small to cover that would have
been out of context and wouldn't look good at all so we had to
expand the size of the patio area itself. We probably doubled the
size by expanding it so we could hook up this canopy with our one
wing. That is how we got to this point with the canopy. Before we
came to the Planning Commission we went to the Zoning Board of
Appeals and got all the necessary variances, one being for two
parking spaces by doing the canopy. By doing the canopy in the
first place with tables we needed more parking so we took two plus
we needed more parking so we got a variance for the parking. We
also needed a variance for the canopy encroaching upon the front
yard setback and I think we needed a variance for the use itself
for outdoor tables because outdoor tables are not allowed. That is
how we came to this point right now with the canopy and adding the
tables.
Mr. Tent: At the previous study we had discussed umbrellas. In fact, correct
me if I am wrong, you indicated the reason the canopy came up was
because most of the stores have the umbrellas except this Hamtramck
fir.
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store and one other store because probably one of the City
officials mentioned you should have this thing covered and you
quickly jumped the gun and said here we will give you a canopy. It
wasn't your original idea. It was something you tried to do to
satisfy someone that just made some comment off the record.
Mr. Miller: That is correct.
Mr. Tent: So by doing that you enlarged the patio area, you have the canopy,
you have the big red monstrosity, as I would call it. I think what
you have now you can sufficiently cover those six outdoor tables
and the feeling was just put up umbrellas and when the end of the
season comes you can take down the umbrellas and put them away. Is
that something you are still amenable to do as opposed to going
this long stretch?
Mr. Miller: Right, we could do that.
Mr. Tent: So this isn't cast in cement?
Mr. Miller: No it is not. It was an idea we had from other people's comments.
Mr. Tent: Mr. Nagy, if that would be the case, they could go right ahead with
the existing proposal with the umbrellas and leave everything as is
and there is no need to really go through this portion of the
hearing and on to the Council and ZBA, if they are agreeable. They
said they would do it.
Mr. Nagy: Let me understand. What you are asking is that the canopy be
omitted and the umbrellas be used but I don't hear anything saying
fiw we will constrict the patio area. Are we still going to remove two
parking spaces?
Mr. Tent: That was part of my proposal. The fact is if we go back to the
original petition, the smaller patio with six tables and the
umbrellas and that being the case there is nothing more to be done.
Mr. Morrow: Let's clear that up. Let's go back to the petitioner. Are you
following Mr. Tent? I guess what he is saying is we will leave it
the way it is. You have permission to put tables on the existing
patio with umbrellas.
Mr. Miller: I don't know if we could get six tables on there but we could sure
try. I think we could get four for sure.
Mr. Morrow: Work with the existing site plan.
Mr. Miller: That is what we were going to do originally.
Mr. Morrow: If he is agreeable to that, I guess we will just withdraw the
petition on his advice. Is that a fair assessment? For the record
are you telling us you request us to withdraw the petition?
Mr. Miller: Yes for the record.
Nr- Mr. Morrow: John, should we have a motion on that?
13349
Mr. Nagy: The more I think about it, I realize the site is not being altered.
I realize the patio can accommodate the four tables and I can also
recognize that the Zoning Board of Appeals did grant a relief to
allow this serving of food and beverages at tables but what I still
am debating in my mind about is when the Planning Commission
Nor
reported it out, as provided for you in the background notes, the
Planning Commission approved it with this serving of food with the
six tables but the Council put the restriction on it that there
shouldn't be any tables and even though the Zoning Board has
granted the relief, the Council resolution still stands that there
shall be no serving of food or beverages at the tables. We now
have the action by two bodies in conflict with each other, the
Council by action of the waiver use saying no and we have action by
the Zoning Board of Appeals saying you may. It just seems to me
that for all parties concerned that we should forward it on to the
City Council and let them deal with their own proposed
requirement. At least what Council can do is grant it and it could
be implemented because there is now no zoning standard of the
ordinance that is an impediment.
Mr. Morrow: So what we should do John is send it forward with an approving
resolution that they comply with the original site plan based on
the Zoning Board's action to allow him to serve the six tables on
the existing site plan.
Mr. Nagy: I think that is appropriate.
Mr. Morrow: All we are asking the Council to do is to approve the outdoor
dining with the four tables.
Now. Mr. Nagy: Yes, without any changes to the site plan.
On a motion duly made by Mr. Tent, seconded by Mrs. Fandrei and unanimously
approved, it was
#3-63-94 RESOLVED that, the City Planning Commission does hereby recommend to the
City Council that Petition 94-2-8-2 by Rally's Hamburgers, Inc.
requesting approval of all plans required by Section 18.58 of Zoning
Ordinance #543 in connection with a proposal to construct a structural
canopy on the restaurant located at 33500 Plymouth Road in Section 28,
be approved with respect to the outdoor placement of four tables with
chairs for outdoor dining and be denied with respect to the site plan
alteration to accommodate the canopy and expanded patio area for the
following reasons:
1) That the proposed use complies with all waiver use standards and
requirements as set forth in Section 11.03 and 19.06 of the Zoning
Ordinance #543 as modified by action of the Zoning Board of
Appeals.
2) That the subject site has the capacity to accommodate the proposed
use.
3) That the proposed use represents a unique type of eating
establishment not generally found along Plymouth Road in this area.
13350
Mr. Morrow, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. McCann, Secretary, announced the next item on the agenda is Petition 94-2-8-4
by Joseph Hunter requesting approval of all plans required by Section
`�► 18.58 of Zoning Ordinance #543 in connection with a proposal to
construct an office building on property at 16147 and 16161 Middlebelt
Road in Section 14.
Mr. Miller: This is located on the west side of Middlebelt Road between Six
Mile and Puritan Avenue. The proposal is to build a 3,256 square
foot office building. The parking meets the requirements. The
landscaping, which they are required to have 15% and it works out
to be about 63% so it is conforming. There is a notation on the
site plan that says they want to substitute the greenbelt along the
residential which is located to the rear of the property for a
required protective wall. The elevation plan shows the building
will be brick with a stucco type of designer border highlighting
the window area.
Mr. Morrow: Mr. Hunter would you identify yourself and we may have a few
questions for you.
Mr. Hunter: I am Joseph Hunter. I reside at 21699 Sheffield.
Mr. Morrow: We did discuss the 4 inch brick. Did you talk to your builder
about that?
Mr. Hunter: My builder is sitting right here. He doesn't know why the
architect wrote that. It is going to be normal, real brick not
'`r phony brick. I don't know why the architect ever put that in
there. I took all the plans myself and took the word "face" off
and signed my initials and put the date on every single plan. I
don't know what else I can do.
Mr. Morrow: You did fine. I knew you were going to clear that up.
Mr. Tent: Mr. Hunter, I think you have done an excellent job at that location
and we are glad you are coming into Livonia. When do you propose
to start building?
Mr. Hunter: I am hoping in about six weeks to two months as soon as we get the
okay from you. The bank has already approved us. In six weeks to
two months we are hoping to start breaking ground.
Mr. Tent: So there is no constriction here where you have to have things done
in 30 days?
Mr. Hunter: I am hoping to be in by August of this year.
Mr. Tent: Where I am coming from, would there be any reason to waive the
seven days to get our letter to Council?
Mr. Nagy: It is not going to Council. It is not in a control zone.
13351
Mr. LaPine: I just want to get on the record that this is a building you are
going to be occupying yourself. It is not a dental office. It is
a dental laboratory where you make bridges and things of that
nature.
`. Mr. Hunter: Correct.
Mr. LaPine: And your hours are, I think you said from 7:30 a.m. until 5:00 p.m.
and it is a five-day a week operation?
Mr. Hunter: Right.
Mr. Morrow: I think you had indicated your brick would be in the beige variety?
Mr. Hunter: Yes light brown to brown variety with dark brown trim with cedar
shake type of roof.
Mr. Morrow: That would be what color?
Mr. Hunter: A brownish, gray roof. It will conform with the trees. We are
planning on cutting the trees up like 20 feet to get all the
branches off where you will have the affect the building will be
sitting there. There are a lot of trees around it and the parking
lot is in the back. It is part of my retirement so the better I
make that building and the better I keep it, it is for my benefit.
It is something I am looking forward to in the future.
Mr. Morrow: We can tell you have done a good job.
On a motion duly made by Mr. Tent, seconded by Mrs. Fandrei and unanimously
Nur approved, it was
#3-64-94 RESOLVED that, the City Planning Commission does hereby approve Petition
94-2-8-4 by Joseph Hunter requesting approval of all plans required by
Section 18.58 of Zoning Ordinance #543 in connection with a proposal to
construct an office building on property at 16147 and 16161 Middlebelt
Road in Section 14, subject to the following conditions:
1) That the Site and Landscape Plan, defined as L-1 dated 3/3/94, as
revised, by Thomas W. Kurmas & Associates, is hereby approved and
shall be adhered to;
2) That the Elevation Plans, defined as A-2 and A-3 dated 3/3/94, as
revised, by Thomas W. Kurmas & Associates, is hereby approved and
shall be adhered to;
3) That the landscaped greenbelt, as shown on the approved Landscape
Plan, shall be substituted for the protective wall required by
Section 18.45 of Zoning Ordinance #543 and shall be constructed
along the property line abutting any residential zoning district.
Mr. Tent: I haven't seen the revised drawing. We took provision to make sure
all the roof mechanical equipment will be covered and that the
greenbelt, etc. will be sprinkled?
Mr. Hunter: Yes there will be a sprinkling system and there is no rooftop
equipment.
13352
Mr. Morrow, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
On a motion duly made, seconded and unanimously adopted, the 680th Regular Meeting
'grow & Public Hearings held on March 8, 1994 was adjourned at 9:08 p.m.
CITY PLANNING COMMISSION
/Ja es C. McCann, Secretary
ATTEST: /
Lee Morrow, Vice Chairman
jg
`4.1.