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HomeMy WebLinkAboutPLANNING MINUTES 1969-03-04 5533 MINUTES OF THE 203rd REGULAR MEETING AND A ILPUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, March 4, 1969, the City Planning Commission of the City of Livonia, held its 203rd Regular Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Raymond W. Tent, Chairman, called the Public Hearing to order at approximately 8:30 p.m. with approximately 50 interested persons in the audience. Members present: Raymond W. Tent Robert Colomina Marvin Moser Donald Heusted Frank Santo Joel LaBo Charles 17. [Talker Members absent: Harry G)rightman Messrs. Don Hull, Planning Director; John J. Nagy, Assistant Planning Director; Ralph H. Bakewell, Planner III; Daniel Andrew, Industrial Development Coordinator, and Harry Tatigian, City Attorney, were present. Mr. Tent announced that a restraining order had been received by the City and that the hearing on Petition M-204 cannot be held by the Planning Commission. Mr. Harry Tatigian, City Attorney, advised the audience that the restraining order had been received on Thursday which was after the notices regarding the hearing had been sent and that the City cannot proceed with any of the proceedings involving the Bushel Stop. He stated that the restraining order will be heard on April 11, 1969 and after that hearing the City will know whether or not it can 110 � proceed with the matter and if so, new notices will be issued regarding the public hearing. A resident, 19220 Anglin Road, questioned that if she was not able to be heard regarding this item tonight, why was she sent a notice stating that she could be heard. She stated this Bushel Stop has created a nuisance and she objects to it. Mr. Tent advised that the Commission has no control over this; that notices had been sent and the hearing was set up before the restraining order was received stating that the Commission could proceed no further with this matter. He stated that the people will be notified of the date when this petition can be heard, but if it is continued tonight the City's court case will be jeoparized. Mr. Don Hull, Planning Director, stated that the City is doing everything they can to rectify this situation but its position will be jeopardized by holding the hearing tonight when there has been a restraining order issued by the Court. He stated that everyone on the Commission is sympathetic to the situation but the best way to rectify it is to follow the law completely. Mr. Tent advised that a restraining order by the court has jurisdiction over this Board and if people wish to attend the circuit court hearing they may but they will not be able to be heard. Mr. Tent questioned who would notify the people regarding the hearing downtown. IL: Mr. Tatigian stated the Bureau of Inspection would notify the people in cases where they are to be witnesses and suggested that if people in the audience had any further questions they contact Mr. Easton of the City's Legal Department who will be handling this case. 5534 Mr. Walker announced the first item on the agenda is Petition 69-1-2-1 by Keith Metcalf, Agent for Minnie Pearl's Chicken System, Inc. , re- questing to be granted a waiver use permit to build and operate a Minnie Pearl's Chicken System, Inc. retail outlet on property located on Plymouth Road between Middlebelt and Haller, in Section 25. Mr. Tent advised that a letter has been received from Consumers Power Company stating they have no objection to this petition and a letter from the City Engineer dated January 22, 1969 regarding lack of storm sewer and that ingress and egress be restricted to Plymouth Road; also regarding right-of-way. He stated that in reviewing the petition the Commission finds there are two violations of the Zoning Ordinance; one being the setback and one regarding the distance between restaurants and existing residences and churches. Mr. Keith Metcalf, petitioner, was present. Mr. Charles Malco, Real Estate Salesman and associate, stated that this is a franchised company and that it is strictly a carry-out operation but there will be some booths inside for the convenienc of customers. It is proposed to be a standard building with cement block structure. Mr. Malco submitted a picture of a similar building to the Commission. He stated there are no units actually operating in the State of Michigan at the present time but their plans are to have thirty units within the Detroit metropolitan area. Mr. Tent questioned if this would be similar to the Kentucky Fried Chicken operation. Mr. Malco stated yes, and he would say they are competitiors. Mr. Walker questioned if the corporation that owns the building and business also owns the land and what plans do they have for the land that is not developed. Mr. Malco stated yes, they own the land and the balance would probably be left vacant because when there is such a large depth as there is here and as long as they can fulfill the requirements, they would like to avoid surfacing the entire area. Mr. Walker questioned if they sometimes found themselves in the whirlpool of business where if one restaurant is not successful, it is vacated. Mr. Malco stated there seems to be no end to the market for this type of conven- ience item. Mr. Walker stated there are approximately 25 restaurants where food can be pur- chased and wondered if this would not be successful what would be the end result of the building should it be vacated. Mr. Malco stated he imagined then that it would be sold for the highest and best use. Mr. LaBo questioned if Mr. Malco is aware of the violations in his site plan. Mr. Malco stated that this is a typical site plan and they have a local architect from Birmingham and once they have approval he will draw a plot plan to whatever ' corresponds to the individual City. • 5535 Mr. Tent stated that with this site plan and this lot he doesn't see how the violations can be rectified. I Mr. LaBo stated he believes the choice of lots is bad and that a new site could be chosen; one that is not so close to so many other restaurants. Mr. George Connelly who stated he was from Florida and the franchisee for Minnie Pearl's restaurant questioned the restriction of 200 feet distance between restaurants and residences and stated there are presently restaurants on Plymouth Road closer than that to residences. Mr. Nagy read the section of Ordinance #606 pertaining to this matter. Mr. Tent explained that some restaurants were in the City before the adoption of Ordinance 543 and that this Ordinance is more restrictive and gives the City more control over restaurants which were becoming so frequent. Mr. Metcalf questioned if there is a site in the area that would be satisfactory since this site seems to be closer than 200 feet to a residence. Mr. Tent stated the Commission can' t find a location for his restaurant but Mr. Metcalf could check with the Inspection Department as to whether or not a site will meet the requirements, then file a petition for a public hearing, and then he wouldn't be running into all these violations. Mr. Connelly stated that once they landscaped the back of the lots in Florida to protect the residents in the rear and this requirement was waived. Mr. Tent stated the Commission does not have the authority to waive the require- ments of the Ordinance; this can be done only by the Zoning Board of Appeals. There was no one else present wishing to be heard regarding this item. Mr. Tent, Chairman, stated the item will be taken under advisement. Mr. Walker announced the next item on the agenda is Petition 69-1-2-2 by Albert Fiscelli requesting to be granted a waiver use permit to give private music lessons in residence located on Mayne Road between Edward Hines Drive and Pinetree Avenue in Section 33. Mr. Tent stated there is a letter in the file from the Wayne County Road Commission stating they have no objection to this petition. Mr. Albert Fiscelli, 15643 Sussex, stated he acquired this home for the purpose of giving music lessons and the interior of the home will not change, it will look like a normal house. Mr. Tent questioned if Mr. Fiscelli will live in the home. Mr. Fiscelli stated no, just a portion of it will be used. Mr. Tent questioned what he will use the rest for. Mr. Fiscelli stated not much of anything according to the requirements of the City. I Mr. Hull stated the intent of a home occupation is to permit a use in conjunction to residing in the dwelling and he believes this would infringe more on a commercial than a home occupation. 5536 Mr. Tent questioned if a large portion is not used at all, is this a proper petition and asked if Mr. Fiscelli has already purchased the home. i Mr. Fiscelli replied, yes.10 Mr. Walker questioned if Mr. Fiscelli does this as a profession and where does he do it now, and if he lives in Detroit. Mr. Fiscelli stated his business is on Joy Road in Detroit, and he lives in Livonia. Mr. [Talker stated he is trying to determine if Mr. Fiscelli has a business in Detroit why does he want to open here. Mr. Fiscelli statedhe has become a resident in Livonia in the last three years and the business in Detroit was established ten years ago when he lived there. Mr. Walker stated he can' t see how a person could afford to buy a home and use only a part of it to teach music lessons. Mr. Fiscelli stated that perhaps he would have to establish residence at a later date but this is something he doesn't know now. Mr. Walker stated it seems this would be commercial. Mr. Fiscelli stated the nature of the business does not involve commercial -- it is strictly a service and will be maintained as an office. He stated he doesn' t feel it is of a commercial nature and the neighbors themselves are not objecting and if the people in the surrounding area do not object, it appears to him that know one else should. 46 Mr. Tatigian stated he does not think it is the intent of the ordinance to permit the use in question. He stated the petitioner should be commended for his honesty in stating that he purchased this home for a business and not a home occupation but if he wants a business he should rezone the property. Mr. Tent questioned if the petition could be withdrawn. Mr. Hull stated that the petition could be withdrawn but the fee not returned because the City has gone to that expense already. There was no one else present wishing to be heard regarding this item. Mr. Tent, Chairman, stated the item will be taken under advisement. Mr. Wai,ker announced the next item on the agenda is Petition 69-1-2-3 by Keith Metcalf, Agent for Minnie Pearl's Chicken System, Inc., re- questing to be granted a waiver use permit to build and operate a Minnie Pearls' Chicken System, Inc. , retail outlet on property located on Middlebelt Road between St. Martins and Bretton Road, in Section 1. Mr. Tent stated there are letters in the file regarding this petition; one from the Engineering Department relative to the lack of storm drainage; one from the Livonia Office Pavilion and one from Sears objecting to the petition. 5537 Mr. Tent stated there is a master plan for this area and the intent is to bring in the highest possible development. He stated there are restaurant facilities already and the commercial zoning in this area is for commercial use but not an eatery. Mr. Malco stated he would classify this proposed restaurant not an eatery but as a convenience item for people who would be shopping at the Livonia Mall . Mr. Santo questioned if Mr. Malco's organization has made any type of survey to determine whether or not the community needs this type of thing. Mr. Malco stated he doesn't know if people need Kentucky Fried Chicken but people have been buying millions of dollars worth of Kentucky Fried Chicken. Mr. Santo questioned why this site was picked. Mr. Malco stated because there is a large number of people coming to this location daily to shop and to do business, and Middlebelt Road also carries a large volume of traffic and there is a large population around the shopping center. He stated this is what we look for in picking a location. Mr. Colomina questioned if Mr. Malco is aware that a chicken carry out at Eight Mile and Middlebelt recently went out of business. Mr. Malco stated Minnie Pearl restaurants have been opened in close proximity to Kentucky Fried Chicken and they have gone out' of business but Minnie Pearl's has not. Mr. Tent stated it is not the Commission's interest to bring in business to compete and drive others out of business, but we want them to come in and to survive. Mr. Walker stated that at the time the Livonia Mall was brought into the City a moratorium was placed on development surrounding the area until this Board was able to make a study as to the highest and best type of business that could be brought in. He stated this plan has been supported by the Mayor and Council and that he feels the Commission is dedicated to upholding the plan and that would have to be his position regarding the type of petition that is before the Commission tonight. Mr. Gary Goldberg, owner of the land, stated he had this land rezoned about four years ago and that he has many calls regarding the use of it; mostly from restaurants. He stated he doesn' t know what will happen to this land if all the petitions are turned down. Mr. Gregory Macovich stated he thinks this Board should keep Livonia beautiful but putting chicken places all around will not make it a very nice place to live. There was no one else present wishing to be heard regarding this item. Mr. Tent stated the item will be taken under advisement. Mr. Walker announced the next item on the agenda is Petition 69-1-2-4 by Seymour Beitner, Attorney for International Industries, Inc. , re- questing to be granted a waiver use permit to construct a restaurant building and rental store building on property located on Middlebelt Road between Seven Mile Road and Eight Mile Road in Section 1. 5538 Mr. Tent stated there is a letter in the file from Engineering regarding storm a and sanitary sewers and a letter from Sears objecting to the petition. He stated there is also a violation on the front yard setback according to the ordinance. Mr. Seymour Beitner, petitioner, submitted a supplemental site plan to the Commission and stated that a traffic survey had been conducted and this location was picked as a prime location for a restaurant. He stated that the bank, who the property was purchased from, would not sell until they saw the elevations of the proposed restaurant building. He stated there are no immediate residential areas and no waiver use is required for the rental store. Mr. Beitner said the closing of the drain and the construction of a sanitary sewer along the rear of the property will be an investment of almost $300,000 but this is not a fly-by- night outfit; they have a coapital asset value of $22,000,000. He said there will be no food carried off the premises and this restaurant is ranked similarly with Howard Johnson's. There will be parking facilities for 47 cars with room for an additional three to five for employees adjacent to the building, and a seating capacity for 74. Mr. Hull stated it is the opinion of the Department that there is a front yard setback deficiency. He stated there is a shortage of 11 spaces plus whatever would be lost with the increase in the front yard setback. Mr. Tent questioned if he will be taking up some of the parking area by setback he would not be able to construct the two buildings. Mr. Beitner questioned if parking would be allowed in the front. Mr. Tatigian stated a variance from the Zoning Ordinance can be obtained only SI from the Zoning Board of Appeals and they do not have the power on waiver uses. Mr. Labo stated that has been discussed already regarding this area, he would like to see this type of business come to Livonia but he thinks this is the wrong spot unless a three-story structure is planned. He stated that the Planning Department is at the disposal of developers who want to come into Livonia and they can be checked with regarding a site best suited for businesses. Mr. Beitner questioned if it is the feeling of the Commission that if all requirements were met, this type of operation would not be proper. Mr. Tent stated the Commission is going through the steps and will try to determine the need for this type of business. Mr. Walker stated he is more concerned about the location of the rental business more than the other and these operations have a lot of outside storage and activity and he believes this would be more undesirable. He stated the plot plan shows all building and concrete and that it would be almost impossible to put anything to complement what is shown as he sees very little shrubbery on the plan. Mr. Beitner stated they have establishments in many locations and this will look like a $300,000 investment when it is put up. He stated they will be happy to Igo along with the Commission's plans but will need some guide as to what is wanted. There was no one else present wishing to be heard regarding this item. 5539 Mr. Tent stated the item will be taken under advisement. Mr. Walker announced the next item on the agenda is Petition 68-12-3-13 by li; Joseph Stetz requesting to vacate an easement located north of Joy Road and east of Henry Ruff in Section 35. Mr. Tent stated there is a letter from the City Engineer in the file recommending the vacation and an easement being retained. Mr. A. Rosco, 30200 Joy Road, stated this would create a hardship on him because if the alley is vacated and questioned if Mr. Rosco would be permitted to cement it. Mr. Tatigian, City Attorney, stated an easement would be retained but he can pave the easement area at his own risk. Mr. Santo questioned if there is anything to prevent him from using that as a driveway. Mr. Rosco stated that 10' wouldn't do him any good because he could never maneuver out to Danzig. Mrs. Hillbrith, owner of Lot 505, questioned if it would be possible to leave 100' open and not vacate it. Mr. Moser questioned if the alley could be vacated and Mr. Rosco and Mrs. Hillbrith have a common easement between them. Mr. Tatigian stated yes, they could, but that would be a covenant between them. Mr. Walker questioned if this would be a committment on future owners. Mr. Tatigian stated yes, if it would be drafted so as to run with the land. There was no one else present wishing to be heard regarding this item. Mr. Tent, Chairman, stated the item will be taken under advisement. Mr. Walker announced the next item on the agenda is Petition 69-2-7-2 by the City Planning Commission pursuant to Parks & Recreation letter dated December 3, 1968 to amend Part V of the Master Plan, the Master School and Park Plan, to provide for the incorporation of property located east of Henry Ruff Road, approximately 150' south of Hoy Road, in Section 23. There was no one present wishing to be heard regarding this item. Mr. Tent, Chairman, stated the item will be taken under advisement. Mr. Walker announced the next item on the agenda is Petition 69-1-6-1 by the City Planning Commission pursuant to Council Resolution #1360-68 to amend Section 8.02(a) of Ordinance No. 543, to provide for approval of site plans for multiple dwellings by the City Council after review by the City Planning Commission. 5540 There was no one present wishing to be heard regarding this item. Mr. Tent, Chairman, stated the item will be taken under advisement. Mr. . Walker announced the next item on the agenda is preliminary plat approval of Livonia Mall Estates Subdivision proposed to be located in the Southwest 1/4 of Section 2. Mr. Rodney Kropf, Attorney representing the petitioner, was present and stated this plan was originally submitted as a plan for the entire area but there is an offer submitted to the City in behalf of the petitioner to sell to the City the northerly sixteen acres at cost and the City is attempting to arrange financing to make this acquisition. Mr. Colomina stated he is concerned about the half street being paved and the Engineer said this would have to be put in by the petitioner. Mr. E. Vargo, 30953 Seven Mile Road questioned why the City would give up what should be prime commercial property for residential and what type of homes is he going to put up, and questioned the master plan for this area. Mr.Koppy stated the zoning requires an 80' minimum lot and the houses will be approximately $35,000 to $40,000. Mr. Vargo stated he cannot build in any direction because of the way his house is laid out and homes in this range will make his house look bad. Mr. Tent stated that, regarding the master plan for this area, the Commission does not plan to have commercial development up and down Seven Mile Road. He It: stated residential development in this area has been encouraged and this developer has come in with a plan in accordance with the plans of the City for residential. Mr. Walker questioned if Mr. Vargo feels he has • choice commercial property. Mr. Vargo stated yes, he does, he has the corner lot on Seven Mile and Bain- bridge. Mr; Walker questioned if this is why Mr. Vargo wants commercial across Seven Mile -- because he has more valuable land than house. Mr. Vargo stated, yes. Mrs. N. Sprinkle, 19323 Hillcrest, member of Hillcrest Gardens Civic Association, stated that if he builds the type of houses he says he will build this will be a very satisfactory solution to a problem that has worried them because they have been fighting spot zoning along Seven Mile and they would like to keep this area residential. Mr. Kropf stated the street has to be paved or they can' t build anything. Mr. Santo questioned how it will be paid for. Mr, Kropf stated, probably by special assessment. Mr. Santo questioned if Mr. Kropf had talked with the people in the neighborhood. 5541 Mr. Kropf stated, yes, some of the people. Mr. Hull stated that a public hearing will be held by the City Council to determine the necessity of paving the street. Mr. Tent requested that the Council be notified that there is a half-street and that it should be paved completely. There was no one else wishing to be heard regarding this item. Mr. Tent, Chairman, stated the item will be taken under advisement. Mr. Walker announced the next item on the agenda is the preliminary plat approval of Tiffany Park Subdivision #5 proposed to be located in the West 1/2 of Section 19. Mr. Malcom Waring, representing the petitioner, stated that this is a replat of Castle Gardens Subdivision and they were asked to realign it so no lots will face Eckles Road. Mr. Tent questioned if the petitioner is aware of the conditions of approval. Mr. Hull stated they have been discussed with representatives of the petitioner and there is an obligation to the people living west of Eckles, therefore, provision for a planting screen has been made. Mr. Tent questioned if the petitioner is agreeable to the planting screen material. Mr. J. Stone, petitioner requested to know when the Commission would want it to be put in. Mr. Tent stated one year after completion of the development. Mr. Stone stated he has had problems in the past with planting strips having been put in too early but if that is a condition of approval he will go along with it. Mr. Colomina questioned if, when this is drawn up on a final plat, the park area will be attached to the subdivision. Mr. Hull stated, it is attached now. Mr. Dewey Pallister, 14244 Eckles, stated he owns 4.7 acres and he is objecting to this petition because it will cause him to be landlocked. Mr. Hull stated the State Highway Commission had indicated to the City that land in this area will be purchased in total and it is possible the land will be turned over to the City but to be completely reasonable at this time the Commission could somehow stipulate that one of the lots be excluded from the plan until the matter with the State Highway Commission is consummated. A resident, 14237 Knolson, indicated his property and questioned what will happen to the water if they fill this property in and stated they have a problem with drainage. 5542 Mr. Tent stated it will be up to the developer to provide adequate drainage so as not to flood other property with water. He stated that the developer will ,,, have to have his plans approved by the Engineering Department and the City Engineer is aware of the drainage problems in the area. I Mr. Labo stated when the development goes in improvements that will drain the area will also be made. A resident, 14417 Knolson, questioned if there are to be any entrances or exits into Schoolcraft. Mr. Hull stated it is contemplated that one of the streets in Tiffany Park #4 will enter onto Schoolcraft and that is the only point of access that the State Highway Department has agreed to but he stated he believes it will help solve the problem. He said this was discussed with the people in the area at the time Tiffany Park #4 was approved. A resident, 14255 Knolson, voiced a complaint about concrete and other debris cluttering the area since it was developed and questioned if something could be done about it. He also stated that parks have not been given to the area as was promised. Mr. Tent stated that the City now has an ordinance pertaining to the debris and requested that Mr. Hull request a report from the Inspection Department. He stated that the Commission has required 720 square feet of park area for each lot this developer is putting in; this is required by Ordinance and this is what the City is getting. A resident, 14291 Knolson, stated that three years ago he was asked to g before Council regarding a service drive into the subdivision because there was a problem with the Fire Department getting in. He stated there is only on pro- psed road to the south, the nearest exit is 2-1/2 miles on Five Mile and the other on Newburgh which is another 2-1/2 miles; now this builder wants to put in more homes and how do they control the traffic in and out of the area. Mr. Tent advised that the Fire Department has 'eviewed the plat and has no objection to the development and that from a fire protection standpoint they can protect it. Mrs. Jean Foster, a resident, questioned what style and price range these homes will be. Mrs. Stone stated that at present he cannot say just what the price of the homes will be but he believes they will be in the $25,000 category, and they will be brick homes. Mr. Santo questioned if the zoning is the same as when these residences went in.. Mr. Hull stated the zoning is the same but the calibre and quality has been up- graded and many lots are larger than 60' . Mr. Tent questioned what kind of house can be built for $25,000. Mr. Moser stated that is difficult to answer but he thinks something about 1200 square feet but the people are demanding more than that now; they are looking for attached garages and four, rather than three, bedrooms, and he stated, he believed the builder will have to go higher than that. 5543 Mr. Stone stated that he originally said the homes in the area will be comparable 4111 and the cost of developing will be at least 50% more than the last lots developed here. He stated you can' t put a mediocre home on an expensive lot and this IL; should assure the people that comparable homes will have to be built. There was no one else wishing to be heard regarding this item. Mr. Tent, Chairman, stated the item will be taken under advisement. Mr. Walker announced the next item on the agenda is the preliminary plat approval of Burton-Share Westside Industrial Subdivision proposed to be located in the Northwest 1/4 of Section 28. Mr. Tent advised that letters have been received from the Fire, Police and Inspection Departments stating they have no objection to this subdivision. He said the Fire Department has indicated that a cul-de-sac must be provided for emergency vehicles to turn around. Mr. Tent stated that Ordinance No. 543 and the Subdivision Rules and Regulations have been satisfied. Mr. Nat Share stated that regarding the cul-de-sac -- they only heard about it today and are not quite sure what the City has in mind. He stated they can get permission from the landowner on the west and make a cul-de-sac there until the development is completed, then Glendale going west will tie into another road going north. Mr. Tent stated, then the request for a temporary cul-de-sac has been complied with. 11: Mr. Hull stated the Department has sent that request to the Engineering Division for coordinantion and if these are developed at the same time there is no need for a cul-de-sac. He said the actual improvement of the subdivision is controlled by Engineering who will incorporate the reports of the Fire and Police Depart- ments into the plans. There was no one else wishing to be heard regarding this item. Mr. Tent, Chairman, stated the item will be taken under advisement. On a motion duly made by Mr. Walker, seconded by Mr. Heusted, and unanimously adopted, it was #3-24-69 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing eld on Tuesday, March 4, 1969, at approximately 11:35 p.m. * * * * * * * * * * * * * * * * Mr. Tent, Chairman, called the 203rd Regular Meeting to order at approximately 12:00 midnight with approximately 30 interested persons in the audience. . 5544 Mr. Walker announced the first item on the agenda is Petition 69-1-2-1 by Keith Metcalf, Agent for Minnie Pearl's Chicken System, Inc. , requesting to be granted a wiaver use permit to build and operate a Minnie Pearl's Chicken System, Inc. , retail outlet on property 46 located on Plymouth Road between Middlebelt and Haller, in Section 25. On a motion duly made by Mr. Colomina, seconded by Mr. Santo and unanimously adopted, it was #3-25-69 RESOLVED that, pursuant to a public hearing having been held on March 4, 1969 on Petition 69-1-2-1 as submitted by Keith Metcalf, Agent for Minnie Pearl's Chicken System, Inc. , requesting to be granted a waiver use permit to build and operate a Minnie Pearl's Chicken System, Inc. , retail outlet on property located on Plymouth Road between Middlebelt and Haller, in Section 25, the City Planning Commission does hereby recommend to the City Council that Petition 69-1-2-1 be denied for the following reasons: (1) The site plan, as proposed, is in violation of the Zoning Ordinance relating to front yard setbacks. (2) The petition is in violation of the Zoning Ordinance regarding its proximity to existing residential development. (3) There are 21 restaurants within a half-mile radius of this t petition and there is no need to duplicate this type of facility in this area. (4) This type of use is a relatively high traffic generator and could conflict with the movement of transient traffic along Plymouth Road. FURTHER RESOLVED, that notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Walkerannounced the next item on the agenda is Petition 69-1-2-:2 by Albert Fiscelli requesting to be granted a waiver use permit to give private music lessons in residence located on Wayne Road between Edward Hines Drive and Pinetree Avenue in Section 33. Mr. Tent stated that it was determined that this is an invalid petition and the petitioner has requested its withdrawal. On a motion duly made by Mr. Walker, seconded by Mr. Moser, and unanimously adopted, it was #3-26-69 RESOLVED that, pursuant to a public hearing having been held on March 4, 1969 on Petition 69-1-2-2 as submitted by Albert Fiscelli requesting to be granted a waiver use permit to give private music lessons in residence located on Mayne Road between Edward Hines Drive and Pinetree Avenue in Section 33, the City Planning Commission does hereby approve withdrawal of said petition. 5545 Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Walker announced the next item on the agenda is Petition 69-1-2-3 by Keith Metcalf, Agent for Minnie Pearl's Chicken System, Inc. , requesting to be granted a waiver use permit to build and operate a Minnie Pearl's Chicken System, Inc. retail out let on property located on Middlebelt Road between St. Martins and Bretton Road in Section 1. On a motion duly made by Mr. Heusted, seconded by Mr. Santo, and unanimously adopted, it was #3-27-69 RESOLVED that, pursuant to a public hearing having been held on March 4, 1969 on Petition 69-1-2-3 as submitted by Keith Metcalf, Agent for Minnie Pearl's Chicken System, Inc. , requesting to be granted a waiver use permit to build and operate a Minnie Pearl 's Chicken System, Inc. , retail outlet on property located on Middle- belt Road between St. Martins and Bretton Road, in Section 1, the City Planning Commission does hereby recommend to the City Council that Petition 69-1-2-3 be denied for the following reasons: (1) The site plan is in violation of the Zoning Ordinance relating to front yard setbacks. (2) The petition violates the Zoning Ordinance regarding the distance between the site and the existing residences and the existing church. (3) This is in conflict with the spirit of the Master Plan sanctioned by the Planning Commission for this sector of the City. (4) This type of use is a relatively high traffic generator and could conflict with the movement of traffic along Middlebelt Road. (5) This type of development could adversely effect the adjacent residential neighborhood. (6) This type of development could adversely effect the potential of future commercial and office development in this area. FURTHER RESOLVED, that notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Walker announced the next item on the agenda is Petition 69-1-2-4 by Seymour Beitner, Attorney for Inter tional Industries, Inc. , re- questing to be granted a waiver use permit to construct a restuarant building and rental store building on property located on Middlebelt Road between Seven Mile Road and Eight Mile Road in Section 1. 5546 On a motion duly made by Mr. LaBo, seconded by Mr. Moser, and unanimously adopted, it was #3-28-69 RESOLVED that, pursuant to a public hearing having been held on March 4, 1969 on Petition 69-1-2-4 as submitted by Seymour Beitner, Attorney for International Industries, Inc. , requesting to be granted a waiver use permit to construct a restaurant building and rental store building on property located on Middlebelt Road between Seven Mile Road and Eight Mile Road in Section 1 , the City Planning Commission does hereby recommend to the City Council that Petition 69-1-2-4 be denied for the following reasons: (1) The site plan indicates a violation of the front yard setback. (2) The intensity of use proposed is excessive for the size of the site. (3) The proposed use conflicts with the spirit of the Master Plan for the Livonia Mall Study area. (4) A use of this type will generate a high volume of traffic that could conflict with the traffic flow along Middlebelt Road, FURTHER RESOLVED, that notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Walker announced the next item on the agenda is Petition 68-12-3-13 by Joseph F. Stetz requesting to vacate an easement located north of Joy Road and east of Henry Ruff in Section 35. On a motion duly made by Mr. Moser and seconded by Mr. Colomina, it was #3-29-69 RESOLVED that, pursuant to a public hearing having been held on March 4, 1969 on Petition 68-12-3-13 as submitted by Joseph F. Stetz requesting toivacate alleys located north of Joy Road and east of Henry Ruff in Section 35, the City Planning Commission does hereby recommend that Petition 68-12-3-13 be approved with the following condition: (1) That the alleys be vacated but a public utility easement be retained that conforms to the legal description of the originally dedicated alley. for the following reasons: (1) The alleys serve no practical purpose. (2) The physical improvement of the alleys has never taken place and it is doubtful that it ever will. 5547 FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of February 12, 1969 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company 161; and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Colomina, Santo, LaBo NAYS: Heusted, Walker, Tent ABSENT: Wrightman Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Walker announced the next item on the agenda is Petition 69-2-7-2 by the City Planning Commission pursuant to Parks & Recreation letter dated December 3, 1968 to amend Part V of the Master Plan, the Master School and Park Plan, to provide for the incorporation of property located east of Henry Ruff Road, approximately 150' south of Hoy Road, in Section 23. On a motion duly made by Mr. Talker, seconded by Mr. Colomina, and unanimously adopted, it was #3-30-69 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission of the City of Livonia having duly held a public hearing on March 4, 1969 for the purpose of amending Part V of the Master Plan of the City of Livonia, entitled "Master School and Park Plan", the same is hereby amended so as to incorporate property located east of Henry Ruff Road, south of Hoy Road, in Section 23 described as follows: "The North 150 feet of the South 465 feet of Lot 43, B.E. Taylor's Green Acres Subdivision as recorded in Liber 69, Page 75, Hayne County Records, said subdivision being part of the N. 1/2 of Section 23, T. 1 S. , R. 9 E. , Livonia Township (now City of Livonia) Hayne County, Michigan." for the following reason: (1) It is a logical action to facilitate a more reasonable park acquisition line and one that will not cause a hardship to the property owner. AND, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission does hereby adopt said amendment as part of the Master School and Park Plan of the City of Livonia, which is incorporated herein by reference, the same having been adopted by resolution of the City Planning Commission; with all amendments thereto, and further that this amendment shall be filed with the City Council, City Clerk and the City Planning Commission; 'and a certified copy shall also be forwarded to the Register of Deeds for the County of Mayne for recording, 5548 Mr, Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Walker announced the next item on the agenda is Petition 69-1-6-1 by the City Planning Commission pursuant to Council Resolution #1360-68 to amend Section 8.02(a) of Ordinance No. 543, to provide for approval of site plans for multiple dwellings by the City Council after review by the City Planning Commission. On a motion duly made by Mr. Moser, seconded by Mr. Colomina, and unanimously adopted, it was #-31-69 RESOLVED that, pursuant to a public hearing having been held on March 4, 1969 on Petition 69-1-6-1 as submitted by the City Planning Commission pursuant to Council Resolution #1360-68 to amend Section 8.02(a) of Ordinance No. 543, to provide for approval of site plans for multiple dwellings by the City Council after review by the City Planning Commission, the City Planning Commission does hereby recommend to the City Council that Petition 69-1-6-1 be denied for the following reasons: (1) The evaluation and approval of site plans is a technical, rather than a legislative, matter. (2) The involvement of the legislative body in the approval of multi-family site plans will be a time-consuming and dilatory process. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of February 12, 1969, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Walker.. : announced the next item on the agenda is the preliminary plat approval of Livonia Mall Estates Subdivision proposed to be located in the Southwest 1/4 of Section 2. On a motion duly made by Mr. LaBo, seconded by Mr. Heusted, and unanimously adopted, it was #3-32-69 RESOLVED that, pursuant to a public hearing having been held on March 4, 1969 the City Planning Commission does hereby recommend to the City Council that the preliminary plat of Livonia Mall Estates located in the Southwest 1/4 of Section 2, be approved for the following reasons: (1) It is of sufficient design calibre to justify our approval. (2) It conforms to the Ordinances of the City of Livonia. 5549 FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments 110 as listed in the Proof of Service and copies of the plat together with notice have been sent to the Building Depart- ment, Superintendent of Schools, Fire Department, Police Department, and Parks and Recreation Department. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Walker announced the next item on the agenda is the preliminary plat approval of Tiffany Park Subdivision #5 proposed to be located in the Vilest 1/2 of Section 19. Mr. Walker requested defining of the lot that will be deleted from the plan. Mr. Hull stated he would prefer that it be left open for now. On a motion duly made by Mr. Walker, seconded by Mr. Moser, and unanimously adopted, it was #3-33-69 RESOLVED that, pursuant to a public hearing having been held on March 4, 1969 the City Planning Commission does hereby recommend to the City Council that the preliminary plat of Tiffany Park Subdivision #5 located in the T7est 1/2 of Section 19, be approved with the following conditions; (1) That a twenty-foot planting screen be installed on the rear of lots 115 through 129 and lots 22 and 23. (2) That a minimum of $150.00 worth of planting material be installed on each lot designated for a planting screen; said plant material to be acceptable to the Engineering Division. (3) That 720 square feet for each lot in the Subdivision be dedicated to the City of Livonia for park purposes. (4) That Lot #8 be held open to provide access to the landlocked lands to the south. for the following reasons: (1) It is of sufficient design calibre to justify our approval. (2) It conforms to the Ordinances of the City of Livonia. FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Department as listed in the Proof of Service and copies of the plat together with notice have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department, and Parks and Recreation Department. Mr. Tent stated he would like assurance from Mr. Stone for the people in the audience and for himself as to whether or not Mr. Stone is affiliated with Alto Building Company. 5550 Mr. Stone stated no, there is no relationship whatsoever. He stated that he bought the land from them, but he is not related to any member of the Alto Building Company or the Rose-Hill Company. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Walker announced the next item on the agenda is the preliminary plat approval of Burton-Share Westside Industrial Subdivision proposed to be located in the Northwest 1/4 of Section 28. On a motion duly made by Mr. Colomina, seconded by Mr. Walker, and unanimously adopted, it was #3-34-69 RESOLVED that, pursuant to a public hearing having been held on March 4, 1969 the City Planning Commission does hereby recommend to the City Council that the preliminary plat of Burton-Share Westside Industrial Subdivision, formerly a portion of Burton- Share Westside Industrial Subdivision (excluding Richter-Lipton Industrial Subdivision) be approved provided that a temporary cul-de-sac is provided, for the following reasons: (1) It is a logical portion of the overall development of the industrial belt. (2) It is of sufficient design calibre to justify our approval. (3) It conforms to all the ordinances of the City of Livonia. FURTHER RESOLVED, 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 notice have been sent to the Building Department, Superin- tendent of Schools, Fire Department; Police Department and Parks and Recreation Department. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Walker announced the next item on the agenda is a letter dated February 17, 1969 from Clarence R. Charest requesting adoption of a resolution by the Planning Commission in connection with the transfer of the original bonds relating to Topsoil Removal Petition 67-7-5-5 by Harold E. Edwards. On a motion duly made by Mr. Santo, seconded by Mr. Moser, and unanimously adopted, it was #3-35-69 RESOLVED that, pursuant to request dated February 17, 1969 from Clarence R. Charest, the City Planning Commission does hereby amend its Resolution #11-142-68 adopted on November 12, 1968 to read as follows: #11-142-68 RESOLVED that, pursuant to a letter dated July 17, 1968 from Harold E. Edwards requesting a renewal of topsoil from Parcel 18D located on the west side of Newburgh Road in Section 18, and the City Planning Commission, in conformance with Section 18.35B 5551 of Ordinance No. 543, the Zoning Ordinance, having given IL approval on August 15, 1967 to said Petition, the City Planning Commission does hereby determine to approve the requested re- newal subject to the following condition: (1) That this permit will not be again renewed after it has lapsed. and, subject to the conditions of the Engineering, Police and Inspection Departments for the following reason: (1) It is necessary to remove the piles of topsoil resulting from the previously approved topsoil operation. FURTHER RESOLVED that, the applicant shall maintain the existing corporate surety bond in the amount of $11,000.00 and the exist- cash bond in the amount of $100.00; such bonds to remain in full force and effect for the duration of the permit and until released and discharged by resolution of the City Planning Commission; and FURTHER RESOLVED that, the applicant shall apply for and obtain the permit herein authorized within thirty (30) days from the date of this amended resolution. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 68-3-1-34 by Michigan Home for the Armenian. Aged, Inc. , requesting to rezone property located on Middlebelt Road near Wentworth in Section 14, from C-2 and RUF to P.S. Mr. Ernest Dyer, 15800 W. McNichols Road, Detroit, was present representing the petitioner and stated they were not able at the last meeting to give the Commission much of a perspective on this but actually the location of the buildings on the site has not changed; the only change will be a Byzantine flare to the front of the Church.. He stated also that the site will be land- scaped. Mr. Moser questioned if they will have to come in for a waiver of use approval. Mr. Hull stated, yes. On a motion duly made by Mr. Walker, seconded by Mr. Moser and unanimously adopted, it was ##3736-69 RESOLVED that, pursuant to a public hearing having been held on September 17, 1968 on Petition 68-8-1-34 as submitted by Michigan Home for the Armenian Aged, Inc. , requesting to rezone property located on Middlebelt Road near Wentworth in Section 14, from C-2 and RUF to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 68-8-1-34 by approved for the following reasons: (1) It is a logical extension of existing land use in this sector of the City. • 5552 (2) It is a logical use and zoning category in this location because it will not generate great volumes of traffic that will conflict with the movement of traffic along Middlebelt Road. (3) This type of zoning will not adversely effect the adjacent land uses and should tend to stabilize development in this sector of the City. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of August 28, 1968, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Walker announced the next item on the agenda is Petition 68-12-1-44 by Chris Scourtes for Northwest Starlit Television Service Center, Inc. , requesting to rezone property located on the east side of Middlebelt, north of Joy Road, in the Southwest 1/4 of Section 36. Mr. Tent stated that last week the Planning Commission reviewed the Planning Department's revised plan and at that time agreed that this plan was acceptable and that the petitioner's plan would be discounted. Mr. Tent asked Mr. Scourtes if he is in agreement to the plan that the Planning staff submitted to him at the Commission's study meeting last week. Mr. Scourtes stated, yes. Mr. Nagy stated the plan shows the plant materials, intensity of use reduced and parking revised upward. On a motion•;duly made by Mr. Walker and seconded by Mr. Heusted, it was #3-37-69 RESOLVED that, pursuant to a public hearing having been held on Petition 68-12-1-44 as submitted by Chris Scourtes for Northwest Starlit Television Service Center, Inc. , requesting to rezone property located on the east side of Middlebelt north of Joy Road, in the Southwest 1/4 of Section 36 from RUF to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 68-12-1-44 be approved for the following reasons: (1) This is a logical extension of land use in this sector of the City. (2) The site is large enough to accommodate adequate commercial development. FURTHER RESOLVED, that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of January 13, 1969, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, 4. Michigan Bell Telephone Company, Consumers Power Company and City Department as listed in the Proof of Service. 5553 A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, LaBo, Heusted, Walker, Tent, Colomina NAYS: Santo ABSENT: Wrightman Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. Mr. Walker announced the next item on the agenda is the approval of the minutes of meetings held by the City Planning Commission on December 3, 196B and January 14, 1969. On a motion duly made by Mr. Colomina, seconded by Mr. Santo, and unanimously adopted, it was #3-38-69 RESOLVED that, the minutes of the meetings held by the City Planning Commission on December 3, 1968 and January 14, 1969 are hereby approved. Mr. Walker announced the next item on the agenda is the final plat approval of Binder & Lark Estates Subdivision located in the Southwest 1/4 of Section 11. On a motion duly made by Mr. Moser, seconded by Mr. Colomina, and unanimously adopted, it was #3-39-69 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that the final plat for Binder and Lark Sub- division, located in the Southwest 1/4 of Section 11, be given final approval for the following reasons: (1) It is of sufficient calibre to justify our approval . (2) The financial obligations of the City have been met. FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission uder Resolution #9-104-68 adopted on September 17, 1968; and it further appearing that said proposed plat together with plans and specifications for improve- ments therein have been approved by the Department of Public Works, Engineering Division, under date of September 25, 1968; and it further appearing that the financial assurances as required in Council Resolution #1108-68 adopted on September 25, 1968, have been filed with the City Clerk as confirmed by a letter dated March 4, 1969 from Addison W. Bacon, City Clerk, it would there- fore, appear that all conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution is adopted. • 5554 On a motion duly made by Mr. [Talker, seconded by Mr. Colomina, and unanimously adopted, the City of Livonia Planning Commission adjourned its 203rd tegular Meeting, held on March 4, 1969, at 12:45 a.m. CITY PLANNING COMMISSION Charl s ?1. ?Talker, Acting Secretary ATTESTED: / / / , Raym. d W. ent, Chairman