HomeMy WebLinkAboutPLANNING MINUTES 1991-08-20 11771
MINUTES OF THE 629th REGULAR MEETING AND PUBLIC HEARINGS
HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF
LIVONIA
On Tuesday, August 20, 1991, the City Planning Commission of the City of Livonia
fir. held its 629th Regular Meeting and Public Hearings in the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan.
Mr. H. H. Kluver, Vice Chairman, called the meeting to order at 7:30 p.m. , with
approximately 20 interested persons in the audience.
Members present: H. H. Kluver Raymond W. Tent Donald Vyhnalek
Conrad Gniewek James C. McCann
Members absent: Jack Engebretson William LaPine R. Lee Morrow
Brenda Lee Fandrei
Messrs. John J. Nagy, Planning Director, and H. G. Shane, Assistant Planning
Director, were also present.
Mr. Tent acted as Secretary in the absence of Mrs. Fandrei.
Mr. Kluver 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 preliminary plat. 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. Tent, Acting Secretary, announced the first item on the agenda is Petition
91-7-2-21 by Gary M. Darby requesting waiver use approval to operate an
automotive repair facility to be located on the north side of Ann Arbor
Road between Ann Arbor Trail and Hix Road in the Northeast 1/4 of
Section 31.
Mr. Shane 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 the waiver use proposal. We have also
received a letter from the Traffic Bureau stating the location is
well established in the area and, from the site plan, we find
nothing that would create any new traffic/safety hazards in the
area. Also in our file is a letter from the Fire Marshal stating
they have no objection to this proposal. We have also received a
letter from the Ordinance Enforcement Division stating no
deficiencies or problems were found. They further state they fully
support this proposal as it will remedy several deficiencies on
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this rather unique site. Lastly, we have received a letter from
Mrs. M. Garing stating she is unable to attend the meeting but
wishes to go on record as approving the petition since there is a
sizable number of senior citizens, especially widows, in the area
and it would be comforting to have an automotive repair shop in the
area operated by an honest conscientious and dependable individual.
Mr. Gniewek: Mr. Nagy, for the record, this particular petitioner has been
operating this facility as a gas station and a repair facility
combined. Is that correct?
Mr. Nagy: That is correct.
Mr. Gniewek: All he is doing now is seeking to continue the operating of the
repair facility and not convey any gasoline at that site.
Mr. Nagy: That is true.
Mr. Gniewek: So we are really not changing anything. The building isn't
changing. It is going to be the same person, the same facility,
but no gas.
Mr. Nagy: There are some changes to the site to accommodate the increased
traffic but the building itself has not changed.
Mr. Kluver: Is the petitioner present?
Gary Darby, 36900 Ann Arbor Trail: The reason for the petition is just basically
to get rid of the gasoline and just run the automotive section of
it. As some of you might know, I have already had the tanks
removed and some of the existing light poles, etc. have been
removed from the site.
Mr. Vyhnalek: Sir, you have 13 parking spaces now?
Mr. Darby: Correct. I haven't had it asphalted yet. I am going to do that
this weekend.
Mr. Vyhnalek: What about your dumpsters?
Mr. Darby: That has not been contained yet. I am waiting to have it asphalted
so I can move it over. I am going to have to have it removed from
the site to have it asphalted.
Mr. Vyhnalek: Are you going to have it screened?
Mr. Darby: Yes.
Mr. Vyhnalek: With brick?
Mr. Darby: That is correct. With wooden gates on the front.
Mr. Vyhnalek• Your landscaping, you only have 3% now. You are going up to 7%.
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Mr. Darby: There will be an increase. The Ann Arbor Trail driveway towards
Ann Arbor Road will be removed so that will increase the
landscaping too.
Mr. Vyhnalek: So you are going to double what you have now. We usually have 15%
but the staff said the 7% was adequate for the property you did
have.
Mr. Darby: Correct. The property is small
Mr. Vyhnalek: Do you have that on the site plan?
Mr. Nagy: The site plan sets aside 7% of the site area for landscaping but as
to the specific landscape treatment, we are asking for a call back
on a detailed landscape plan.
Mr. Vyhnalek: A call back for 30 days?
Mr. Nagy: Yes for the landscape plans for that area but the site plan sets
aside 7% of the site area for landscaping.
Mr. Vyhnalek: Mr. Darby, do you understand that. Within 30 days you come back
with the landscaping?
Mr. Darby: Yes.
Mr. Tent: Mr. Darby, you will only being doing repair work on the
automobiles. There will be no heavy duty repair or body work?
Mr. Darby: Correct. Probably up to 3/4 ton, possibly one ton trucks.
Mr. Tent: As far as wrecked cars. You won't have them parked on the
,,` premises.
Mr. Darby: Correct.
Mr. Tent: For overnight parking, what do you visualize. How many cars will
you have there at one time?
Mr. Darby: As few as possible.
Mr. Tent: What is the maximum?
Mr. Darby: Overnight, there could be up to ten cars. I can't specify that in
a direct way. It all depends on if I work on a car and get it done
and the customer doesn't pick it up. I can't remove it and during
the course of a day I might work on ten cars.
Mr. Tent: My only concern is if there would be any wrecked cars that would
have to wait for parts and would be sitting there for weeks. I am
concerned about appearance.
Mr. Darby: They don't normally sit for weeks at a time.
Mr. Tent: I was impressed with all the reports that came in relative to your
operation so what you are doing must be right so continue on with
the good work.
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Mr. Kluver: Did you say you are going to do collision work?
Mr. Darby: No, automobile repair work which includes light trucks.
Mr. Kluver: What type of repair?
Mr. Darby: Tune-ups, brakes, shocks, mufflers, transmissions, sometimes
Sow differentials, some engine work.
Mr. Kluver: I am curious because some of these jobs take longer than other
jobs. If you have five cars there and you had to do a transmission
job and you had to do a differential and you were doing a brake
job, they vary in time limits so therefore there is a strong
possibility that vehicles could be on the site longer than
overnight.
Mr. Darby: That is correct.
Mr. Kluver: If you are going to do a whole front end, that is going to take a
lot more time.
Mr. Darby: As a norm though, we try to get them out in one day.
Mr. Kluver: Is your normal cycle going to be one to two days?
Mr. Darby: That is correct. That is what we try to do. Sometimes when we get
them done it is hard to get the customer to pick them up. That is
the only other problem we really have.
Mr. Kluver: You are going to do total general repair less collision?
Mr. Darby: That is correct. In most cases they are one day jobs.
Mr. Kluver: Everything is a one-day job?
Mr. Darby: In most cases yes.
Mr. Kluver: Fifty percent?
Mr. Darby: Yes, possibly higher than that.
Mr. Kluver: So the majority will be in and out in a day.
Mr. Darby: That is how I try to do it.
Mr. Kluver: Is there anyone in the audience who wishes to speak for or against
this petition?
Jack Wortz, 38240 Ann Arbor Trail: I have lived there 14 1/2 years and 43 years in
Livonia. The only objection I have, when you say screen, is there
going to be a fence?
Mr. Kluver: Yes.
Mr. Wortz: A closed in fence or just a wire fence? What I am talking about is
you say they leave their cars there for three to five days. If
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they back order parts, then these old cars will sit there. All the
other facilities down the road, they have places to park the cars
in the back so they are pretty well concealed.
Mr. Kluver: That is our concern too. John, the indication of the parking plan,
what type of fencing is shown on the site plan?
'II'oa. Mr. Nagy: There is no fencing of the parking area. What Mr. Kluver was
alluding to, the trash dumpster, instead of having that metal
container out in open view, it will be within a masonry enclosure
with a gate on it but the cars themself will be in an open parking
lot.
Mr. Wortz: What we are concerned with is they will sit there for days and they
will get dirt on them an inch thick, etc. That is all we are
concerned with. We know there are no parking facilities in the
back.
Mr. Kluver: Other than that sir, do you support the petition?
Mr. Wortz: Yes. What we are talking about is how long those cars are going to
sit there. It is not concealed like all the other facilities.
Mr. Kluver: We appreciate that.
Mr. Vyhnalek: He is a businessman and I feel if he doesn't move those cars, he
doesn't get paid. He is going to move those cars as fast as he
can.
Mr. Wortz: That is true. In and out in one day is something different but
then there are going to be trucks in there.
Mr. Vyhnalek: Just pickup trucks. One ton is a pickup truck.
Mr. Wortz: I didn't understand it was just going to be pickup trucks.
Mr. Vyhnalek: I feel he has a good business reputation and he is not going to let
cars sit around for five or six days. He would be losing money.
Mr. Wortz: That is true. That is the only objection that we have.
Mr. Tent: Mr. Wortz, before you leave. You have lived in that neighborhood
for quite a while, haven't you?
Mr. Wortz: Fourteen and a half years.
Mr. Tent: He has been in this operation for a number of years. Have you
found anything offensive in the way he has been handling his
operation?
Mr. Wortz: Other than like I said when the cars sit there for a couple of
days and they get dusty and dirty. It looks bad.
Mr. Tent: Well that was our concern and that was our question and he
indicated that 75% of the time they rotate over quickly.
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Mr. Wortz: Maybe now that he doesn't have gas to take care of he will be able
to get the repairs in and out.
Mr. Tent: I would like to direct a comment to Mr. Darby. You understand what
the concern was as far as what the gentleman is talking about. If
you see that you do have something that is going to be there for a
number of days, make certain that it is not going to get dusty and
``- dirty.
Mr. Wortz: We will do our best.
There was no one else present wishing to be heard regarding this item and Mr.
Kluver, Chairman, declared the public hearing on Petition 91-7-2-21 closed.
Mr. Darby: I would just briefly like to ask a question. On the plan I
submitted, I talked briefly to Mr. Shane petaining to the fact that
most of the landscaping is definitely going to get done this year.
Could I ask for a Phase I, Phase II plan as far as the landscaping
plan? Right now I have the sprinkler system installed, the asphalt
hopefully this weekend. There is a lot of money being tied up.
Mr. Gniewek: We are voting on the waiver use approval at this particular point
in time and we are delaying the site plan as far as the
landscaping, etc. to a future date. That could be handled at that
time and we should just vote on the waiver petition at this time.
Mr. Kluver: That is true. We are voting on the waiver use only. As was
indicated, the landscape plan will be submitted for approval within
thirty days provided there is approval of the waiver use. Again,
this is a waiver use and it does carry with the site.
On a motion duly made by Mr. Gniewek, seconded by Mr. McCann and unanimously
`► approved, it was
#8-142-91 RESOLVED that, pursuant to a Public Hearing having been held on August
20, 1991 on Petition 91-7-2-21 by Gary M. Darby requesting waiver use
approval to operate an automotive repair facility to be located on the
north side of Ann Arbor Road between Ann Arbor Trail and Hix Road in the
Northeast 1/4 of Section 31, the City Planning Commission does hereby
recommend to the City Council that Petition 91-7-2-21 be approved
subject to the following conditions:
1) That the Site Plan dated 8-8-91, as revised, prepared by Darby's
Auto Service which is hereby approved shall be adhered to.
2) That a landscape plan shall be submitted to the Planning Commission
for its approval within thirty days of the date of this resolution.
3) That any signage which is proposed for this site shall be submitted
to the Planning Commission and City Council for their approval
prior to the issuance of a sign permit by the Building Department.
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. Kluver, Chairman, declared the motion is carried and the foregoing resolution
adopted.
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Mr. Tent, Acting Secretary, announced the next item on the agenda is Preliminary Plat
approval for "Parkside Villas" Subdivision proposed to be located on the
south side of Seven Mile Road between Wayne and Van Roads in the
Northeast 1/4 of Section 8.
Mr. Shane 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 preliminary plat. They further
state Lot No. 3 should be restricted to access to Wayne Road only
and on-site driveway turn around areas should be required for Lot
Nos. 1 and 2 fronting Seven Mile Road. We have also received a
letter from the Traffic Bureau stating in the interest of safety,
due to heavy traffic on Seven Mile at Wayne Road, lots #1 and #2
should not exit onto Seven Mile Road. A letter from the Division
of Fire states they have no objections to this development.
Lastly, we have received a letter from the Department of Parks and
Recreation stating they find no problems or discrepancies with this
project. It further states that their plans call for lighting the
ball diamonds directly north of the homes fronting Seven Mile Road
and prospective buyers should be made aware of this.
Mr. Kluver: Is the petitioner here? Would you come down and state your name
and address.
Joe Rotondo: I live at 20351 Hubbard.
Mr. Kluver: Did you hear all the correspondence related by both the Public
Safety Department and Department of Parks and Recreation? In
particular the fact that the ball diamonds would be lighted?
Mr. Rotondo: Yes. We propose to set the homes back far from Seven Mile Road and
there could be a berm up front with some trees to help block the
light. We also propose to put in either a turnaround or circle
drive so the people coming out of the houses don't have to back up
onto Seven Mile Road.
Mr. Kluver: Some of these lights will probably be 75 to 90 feet in the air.
Mr. Rotondo: I don't think there will be any problem. The homeowner will be
advised of that.
Mr. Tent: Mr. Rotondo, the turnarounds that you are proposing, that is on
Lots 1 and 2? That would be a turnaround so the vehicles wouldn't
have to back onto Seven Mile Road. Is that correct?
Mr. Rotondo: Yes.
Mr. Tent: How about Lot 3? What is your plan for ingress and egress for
that?
Mr. Rotondo: They would come off of Wayne Road. It all depends on what the
homeowners want.
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Mr. Tent: Getting back to Mr. Kluver's question about the lighted ball
diamonds. You indicated you are going to have turnarounds in those
driveways. Was that because of the lights?
Mr. Rotondo: No the turnarounds would be to satisfy the Engineering Department
so that nobody would back onto Seven Mile Road.
`rrr
Mr. Gniewek: Mr. Nagy, these proposed lots as we see them on the plat are all in
excess of the sizes required for that particular area and would you
say in most cases they are as large or larger than the abutting
neighborhoods?
Mr. Nagy: Certainly with regard to the lot area requirements.
Mr. Gniewek: The size of the lots are basically comparable?
Mr. Nagy: Yes.
There was no one else present wishing to be heard regarding this item and Mr.
Kluver, Vice Chairman, declared the public hearing on Preliminary Plat approval for
"Parkside Villas" Subdivision closed.
On a motion duly made by Mr. Vyhnalek, seconded by Mr. Gniewek and unanimously
approved, it was
##8-143-91 RESOLVED that, pursuant to a Public Hearing having been held on August
20, 1991 on the Preliminary Plat for "Parkside Villas" Subdivision
proposed to be located on the south side of Seven Mile Road between
Wayne and Van Roads in the Northeast 1/4 of Section 8, the City Planning
Commission does hereby recommend to the City Council that the
Preliminary Plat for "Parkside Villas" Subdivision be approved subject
to the following conditions:
1) That, when developed, Lots 1 and 2 shall each be provided with an
on site driveway turn-around;
2) That Lot 3 shall have access only from Wayne Road;
3) That a landscape plan shall be submitted for the greenbelt area
located along the north lot line of Lot 3 to the Planning
Commission for its approval prior to approval of the Final Plat;
4) That the developer shall notify the prospective owners that there
will be a ball field to the north at Bicentennial Park, which will
be lit at night during the summer months.
for the following reasons:
1) That the proposed Preliminary Plat is in compliance with the
Subdivision Rules and Regulations and with the Zoning Ordinance
#543.
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2) That no responding City department has objected to the approval of
the preliminary plat.
3) That the preliminary plat represents a good land use solution to
the property in question.
�.. FURTHER RESOLVED that, notice of the above hearing was sent to the
abutting property owners, proprietor, City Departments as listed in the
Proof of Service, and copies of the plat together with the notices have
been sent to the Building Department, Superintendent of Schools, Fire
Department, Police Department, and the Parks and Recreation Department.
Mr. Kluver, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. Gniewek: I would indicate that according to our staff notes that the
preliminary plat does now include the greenbelt area as we
discussed above. So that is now included.
Mr. Kluver, Vice Chairman, announced that the public hearing portion of the meeting
is concluded and the Commission would proceed with items pending before it.
On a motion duly made by Mr. Gniewek and seconded by Mr. Tent, it was
#8-144-91 RESOLVED that, the minutes of the 627th Regular Meeting & Public
Hearings held by the City Planning Commission on July 23, 1991 are
approved.
A roll call vote on the foregoing resolution resulted in the following:
gar. AYES: Tent, Gniewek, Kluver, Vyhnalek
NAYS: None
ABSTAIN: McCann
ABSENT: Engebretson, Fandrei, Morrow, LaPine
Mr. Kluver, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
On a motion duly made by Mr. Gniewek, seconded by Mr. McCann and unanimously
approved, it was
#8-145-91 RESOLVED that, the minutes of the 628th Regular Meeting held by the City
Planning on August 6, 1991 are approved.
Mr. Kluver, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
On a motion duly made by Mr. Gniewek, seconded by Mr. Tent and unanimously
approved, it was
#8-146-91 RESOLVED that, the City Planning Commission does hereby recommend to the
City Council that Petition 91-8-8-14 by Omega Satellite Products
requesting approval of all plans required by Section 18.47 of Zoning
Ordinance #543 in connection with a proposal to install a T.V. satellite
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dish on the roof of a building located on the south side of Seven Mile
just west of I-275 in Section 7, be approved subject to the following
condition:
1) That the roof top site plan prepared by Omega Satellite Products for
the U.S. Department of Veterans Affairs Office located at 38701 W.
Seven Mile is hereby approved and shall be adhered to.
Mr. Kluver, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
On a motion duly made by Mr. Tent, seconded by Mr. Vyhnalek and unanimously
approved, it was
#8-147-91 RESOLVED that, the City Planning Commission does hereby recommend to the
City Council that Sign Permit Application by Cornell Sign Co. for wall
signs at 19330 Middlebelt Road be approved subject to approval of the
Zoning Board of Appeals and the following conditions:
1) That the sign plan showing the Fresh Choice copy in 48 inch letters
as prepared by Cornell Sign Company is hereby approved and shall be
adhered to;
2) That any interior window signage be limited to 20% of the total
glass area.
Mr. Kluver, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
On a motion duly made by Mr. Gniewek, seconded by Mr. Vyhnalek and unanimously
approved, it was
#8-148-91 RESOLVED that, the City Planning Commission does hereby recommend to the
City Council that Sign Permit Application by Burns Sign Company for a
new ground sign located at 11500-516 Middlebelt Road be approved subject
to the following conditions:
1) That the sign drawings as shown on Sheets C-4, C-4a and C-4p for the
Livonia Crossroads prepared by Burns Sign Company are hereby approved
and shall be adhered to;
2) That this approval is based upon the same conditions as set forth in
Appeal Case #9106-69 by the Zoning Board of Appeals adopted on June
18, 1991.
Mr. Kluver, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
On a motion duly made by Mr. Gniewek, seconded by Mr. Tent and unanimously
approved, it was
#8-149-91 RESOLVED that, the City Planning Commission does hereby recommend to the
City Council that Sign Permit Application by Beacon Sign on behalf of
Kmart Corp. requesting approval to erect new wall signs on a building
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located at 33400 Seven Mile Road be approved subject to the following
conditions:
1) That the sign plan drawings prepared by Fairmont Sign Co. and
submitted by Beacon Sign on behalf of Kmart Corp. , are hereby
approved and shall be adhered to;
2) That this approval is subject to the petitioner being granted a
variance for excess number of signs on the building and exceeding
the allowable sign area for this site. Further the board does
recognize that this is a control zone area and they shall appear
before the City Council because of that.
Mr. Kluver, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
On a motion duly made by Mr. Vyhnalek and seconded by Mr. Gniewek, it was
#8-150-91 RESOLVED that, the City Planning Commission does hereby recommend to the
City Council that Sign Permit Application by Planet Neon Signs on behalf
of Dr. Stephen D. Crocker requesting approval to erect a new ground sign
at 18518 Farmington Road be approved subject to the following
conditions:
1) That the sign plan for Dr. Stephan D. Crocker dated 7-31-91
prepared by Planet Neon Sign Co. is hereby approved and shall be
adhered to.
2) That this approval is subject to the petitioner being granted a
variance for a deficient setback of six feet and excessive sign
area of four square feet based on the present occupancy of one
tenant.
fir.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Gniewek, Kluver, Vyhnalek
NAYS: Tent, McCann
ABSENT: Engebretson, Fandrei, LaPine, Morrow
Mr. Kluver, Vice Chairman, declared the motion is carried and the foregoing
resolution adopted.
On a motion duly made, seconded and unanimously adopted, the 629th Regular Meeting
and Public Hearings held on August 20, 1991 was adjourned at 8:40 p.m.
CITY PLANNING COMMISSION
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Rym o dW. Tent, Acti g Secretary
4/ATTEST: o ✓�i, +"
H. H. Kluver, Vice Chairman
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