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HomeMy WebLinkAboutPLANNING MINUTES 1972-07-18 5046 MINUTES OF THE 243rd REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, July 18, 1972, the City Planning Commission of the City of Livonia held its 243rd Regular Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman called the public hearing to order at 8:05 p.m. with approximately 25 interested persons in the audience. Members present: Daniel R. Andrew Charles Pinto Herman Kluver Joseph J. Falk Suzanne Taylor David Merrion Francis M. Hand H. Dow Tunis Joseph Talbot Messrs. John J. Nagy, Planning Director; H. G. Shane, Planner IV; Ralph Bakewell, Planner IV; and Harry Tatigian, City Attorney were also present. Mr. Kluver announced the first item on the agenda, Petition 72-5-2-13 by Stanley E. Hayes, Inc. , requesting to be granted a waiver use approval to lease tractors, trucks and U-Haul trailers on property located on the west side of Middlebelt Road between Five Mile Road and Lyndon in the Northeast 1/4 of Section 23. Mr. Alan Schmier was present representing the petitioner. He advised the Commission that a sand and gravel company was now on site. They rent tractors etc. They have a permit fora nonconforming use. He further stated that there are three gas stations on each corner of this intersection and these stations now rent trailers. He stated this was no different than what they proposed to do. He summed up by saying that they felt the violation notice that was • charged to the petitioner was not a violation since this is no different than the trucks that are on the present sife. He asked that the .Commission act favorably on this petition. A series of slides of the site were shown to the audience and the Commission at this time. Mr. Kluver noted a fixed sign on the site. Mr. Tunis noted trucks parked on easement. Mr. Andrew asked Mr. Tatigian if in his opinion this was a valid non-conforming use. Mr. Tatigian stated that insofar as the question of whether this is a non-conforming use is concerned, there are several factors involved. the determination of whether it's a non-conforming use is a factual consideration and there is a question of whether in fact he can expand a non-conforming use. Since the ordinance itself indicates that all waiver uses are prohibited uses unless specifically approved then the entire gist of the ordinace would be to prohibit \lir? all uses unless specifically allowed. Since this particular use is specifically set forth as a waiver use, I would respectfully differ with Mr. Schmier. 5047 LMr. Andrew noted that proposed waiver use was at zero setback. i Mr. Schmeir agreed that it was on ground that was obstructing right-of-way. Mr. Schmeir pointed out to the Commission that one of the trucks shown in the slides was a Sealtest truck and not a Hayes truck. He also stated he noted there were no sidewalks but was sure his client would provide sidewalks. He agreed that the slides presented a very bad picture of the site, and expansion is not in any way taken for granted. Whatever it is construed to be is what they will consider it. Mr. Andrew asked Mr. Schmier whether he was familiar with part of the ordinance that states a fenced, blacktopped and lighted area is necessary for this site. Mr. Schmeir stated they would comply with all parts of the ordinance. Mr. Hand wondered if it were not presumptuous to operate a large U-Haul operation without having beforehand obtained permission to do so. Mr. Schmeir stated it was not the feeling that they were violating anything. They thought they were in their rights and did not feel they were violating city ordinances. Mr. Hand asked whether Mr. Hayes owned the printing shop, etc. Mr. Schmeir stated Mr. Hayes owned three corners of Five Mile Road. 1.11; Mr. Hand asked whether the U-Haul franchise was Mr. Hayes and not Hayes Trucking. Mr. Schmeir stated he felt Mr. Hand was asking a legal question that he could not answer. _ Mr. Tatigian stated that the Commission must treat this only as a waiver use petition and nothing further. Mr. Hand stated that this site was not fenced, lighted or paved as Mr. Andrew had pointed out beforehand. Mr. Schmeir stated how could he tell his client to spend $30,000 and then have the Commission turn it down. Mr. Hand stated it makes his decision difficult not knowing all the particulars. Mrs. Taylor asked whether this was one parcel of land. Mr. Nagy stated they were two tax parcels. Mr. Nagy read a letter in file from the Engineering Department relative to the fact that Middlebelt has not been dedicated to its fullest. There was no one else present wishing to be heard and the Chairman declared the IL; . public hearing closed. On a motion duly made by Mr. Tunis, seconded by Mr. Kluver and unanimously adopted it was, 5048 #7-186-72 RESOLVED that, pursuant to a public hearing having been held on July 18, 1972 on Petition 72-5-2-13 as submitted by Stanley E. Hayes, Inc. , requesting to be granted a waiver use approval to lease tractors, trucks, and U-Haul trailers on property located on the west side of Middlebelt Road between Five Mile Road and Lyndon in the Northeast 1/4 of Section 23, the City Planning Commission does hereby determine to table this petition. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-5-1-31 by James M. Carell requesting to rezone property located on the east side of Purlingbrook, south of Eight Mile Road in the Northeast 1/4 of Section 2, from R-1 to R-6. Mr. Nagy read a letter from the City Engineer stating that Purlingbrook is to be a 86 ft. wide street. Also two quit claim deeds were enclosed. No storm sewer is available for development of this property. Mr. Carell was present and advised the Commission that he was interested in putting in a duplex. Mr. Andrew asked Mr. Carell if he felt there would be a hard time with the mortgage company in regard to the M-1 to the north of the property. Mr. Carell stated he felt that he knew where he could get a loan. Mr. Kluver asked what kind of a duplex was involved. Mr. Carell stated they would be two townhouses put together so that would be two units side by side. Mrs. Carpenter, 20244 Milburn, stated she felt this was not acceptable. There are many small farmhouses in the area on 1 and 1 1/2 acre lots. She felt this property could be for single family residential. Mrs. Carpenter stated she was also representing the North Central Civic Association. Mrs. Sullivan, 20285 Milburn, was also present and stated that if a wall was put in then homes could go in with backs of homes to that wall. Mr. Hand asked how many homes could go on this site if R-1 zoning for 60 ft. lots prevailed. Mr. Nagy stated 18 single family lots of R-1 standard. Mr. Hand asked about R-6. Mr. Nagy stated 14 lots of 80 x 120 ft. size. Mr. Talbot asked whether these would be rental or sold outright. Mr. Carell stated rental. However, in duplex zoning there are fewer people. These .would be two bedroom complexes. Mr. Andrew stated that if property is zoned R-6 he would have to build an east/ west street from Purlingbrook over to Oporto. 5049 • Mrs. Carpenter and Mrs. Sullivan stated they were aware of this. Mr. Falk asked if he would ever sell. Mr. Carell stated he could not goon record that he could not ever sell. Mr. Falk asked how many of these units exist in Livonia. It was determined that a very few of the duplexes exist in Livonia, on Middle- belt Road and Farmington Road south of Plymouth Road. There was no one else present wishing to be heard and the Chairman declared the public hearing closed. ' On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was, #7-187-72 RESOLVED that, pursuant to a public hearing having been held on July 18, 1972 on Petition 72-5-1-31 by James M. Carell requesting to rezone property located on the east side of Purlingbrook south of Eight Mile Road in the Northeast 1/4 of Section 2, from R-1 to R-6, the City Planning Commission does hereby determine to table this petition. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Andrew invited Mr. Carell and the Civic Association to the next study meeting. (.: Mx. Kluver read the next item on the agenda, Petition 72-6-1-33 by Ellsworth K. Hanlon for Rouge Employees Credit Union requesting to rezone property located at the northwest corner of Plymouth Road and Globe in the Southwest 1/4 of Section 29 from M-1 to C-1. *Mr. Andrew, Chairman left the podium at this time. Mr. Hand assumed the Chairmanship at this point. Mr. Nagy read a letter from Mr. Greenblatt, Attorney for Boron Investment Company, who owns adjoining property and objecting to the rezoning. Mr. Nagy also advised there was a letter from Storch Products objecting to the rezoning. There was also a letter from the Industrial Coordinator, Mr. Dan Gilmartin, setting forth reasons for not recommending approval of rezoning. Mr. Hand asked Mr. Gilmartin whether he wished to elaborate on reasons for not approving the rezoning. Mr. Gilmartin stated he did not. Mr. Hanlon was present and stated they wished to erect a Credit Union office to serve National Depot, Detroit Depot, Sheldon Radiator and Livonia Transmission Plants. There would be 1,000 members involved. They now have offices in Plymouth servicing these people but it has become inadequate. Most of the activity would be serviced by mail. 5050 IL Mr. Hand asked for the location of their other buildings. Mr. Hanlon stated Woodhaven, Plymouth, Wyoming, Schaefer, and Oakman/Grand River. Mr. Hand questioned mail being a large percentage of this operation. Mr. Hanlon stated that the majority of the business is carried on through payroll deduction. Mr. Merrion asked whether they intended developing the entire site. Mr. Hanlon stated he was sure they did not plan on using the entire site presently. Mr. Pinto stated this is an industrial plat and lots 10 and 9 are zoned industrial and these people object to the rezoning. It will destroy industrial park land and therefore he feels they cannot allow the invasion of commercial into this area. Mr. Ralph Boron, 25820 Southfield Road was present and apprised the Commission of some pertinent facts that back up his disfavor of the rezoning. He stated that Detroit Edison is now occupying building on Lot #10 and construction on Lot #9 will begin in one week for a firm presently located in Ann Arbor. He specifically picked this park because it was well-protected and zoned Industrial. He does not feel that after purchasing Lots 10 and 9, it is fair to bring 1 people out and then put them into an Industrial Park and tell them that what is (12 left is zoned industrial and after they have moved in tell them that the next door neighbor is somebody that is not industrial oriented. The Ford Credit Ic0 Union is a small building and just will not look right when you have all these large buildings up and down the street. Proprietors up and down the street all feel the same way about it. Once it is rezoned you will never know what will come in next, seven stores could go up. Two months ago they got a call from the Ford Credit Union wanting to rent the front portion of their - • building. I notified them that I could not rent the front portion without renting the back part. Mr. Boron stated he went out to their other locations and found there was a lot of people and traffic in thos: areas. Mr. Dick Storch was present and stated he owned Lots #13, 14 and 15. He moved out of Detroit into Livonia because he felt Livonia's industrial corridor was well planned. He did not think the rezoning was a right thing. Mr. Nosanchuk, 18225 Alta Vista, Southfield, owner of Lots #30 and ##31, was present and stated he objected to rezoning. Mr. Gilmartin stated there are only three lots left to be built on. They do not feel they can. forfeit industrial land for this proposed use. There was no one else present wishing to be heard and the Chairman declared the public hearing closed. On a motion duly made by Mrs. Taylor, seconded by Mr. Falk and adopted it was, 5051 #7-188-72 RESOLVED that, pursuant to a public hearing having been held on July 18, 1972 on Petition 72-6-1-33 as submitted by Ellsworth K. Hanlon for Rouge Employees Credit Union requesting to rezone property located at the northwest corner of Plymouth Road and Globe in the Southwest 1/4 of Section 29, from M-1 to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 72-6-1-33 be denied for the following reasons: (1) The Planning Commission feels that the highest and best use for this parcel of land would be industrial as the area under petition is a lot platted as part of the planned industrial park. (2) The proposed use is commercially oriented and will provide uses incompatible to and not in harmony with the surrounding uses of the area. (3) The proposed use would discourage the orderly growth and development of the surrounding industrial area. (4) The proposed use does not provide for commercial services directly related to the abutting industrial uses. (5) The Industrial Development Commission is opposed to the zoning change. (6) The proposed change of zoning is inconsistent with the creation of an industrial belt. (7) The intended use can be accommodated on lands already zoned commercial and immediately available to the area. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of June 28, 1972 and a 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. A roll call vote resulted in the following: AYES: Falk, Merrion, Pinto, Talbot, Taylor, Hand, Kluver NAYS: None ABSTAIN: Tunis ABSENT: Andrew The Vice-Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-6-1-34 by Joseph St. Cyr for Christ C. Mugianis requesting to rezone property located on the south side of Plymouth Road between Levan and Yale in the Northeast 1/4 of Section 32, from RUF to P. 5052 II Mr. St. Cyr was present and stated they were requesting this rezoning because they felt it was a more natural zone to the R--1 zoning. There was no one else present wishing to be heard and the Vice--Chairman declared the public hearing closed. *Mr. Andrew; Chairman, returned to the podium at this time. On a motion duly made by Mr. Tunis, seconded by Mr. Talbot and adopted it was, #7-189-72 RESOLVED that, pursuant to a public hearing having been held on July 18, 1972 on Petition 72-6-1-34 by Joseph St. Cyr for Christ C. Mugianis requesting to rezone property located on the south side of Plymouth Road between Levan and Yale in the Northeast 1/4 of Section 32, from RUF to P, the City Planning Commission does hereby recommend to the City Council that Petition 72-6-1-34 be approved for the following reasons: (1) The proposed zoning change will provide for uses compatible to the surrounding uses of the area. (2) The proposed zoning change is related to the surrounding zoning districts of the area. (3) Parking uses, when well-screened and adequately maintained, will not adversely affect residential uses. (4) The proposed zoning category will provide for a buffer area giving maximum separation of the commercial district located to the north from the residential district located to the south. FURTHER RESOLVED that, notice of the above public hearing • was published in the official newspaper, the Livonia Observer, under date of June 28, 1972 and a 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. A roll call vote resulted in the following: AYES: Falk, Merrion, Pinto, Talbot, Tunis, Hand, Kluver, Andrew NAYS: None ABSTAIN: Taylor Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-5-2-12 by Gerald T. Odom requesting to vacate a ten-foot public walkway between Lots 689 and 690 on Ellen Court in Burton Hollow Estates Subdivision #6 located south of Six Mile, east of Wayne Road in the Northwest 1/4 of Section 16. The petitioner was not present for the hearing. Mr. Nagy read the letter on file from the Engineering Division which recommended that an easement be retained for full width of walkway dedication, 5053 to protect an underground utility. ii; There was no one else present wishing to be heard and the Chairman declared the public hearing closed. On a motion duly made by Mr. Hand, seconded by Mr. Tunis and unanimously adopted it was, #7-190-72 RESOLVED that, pursuant to a public hearing having been held on Jluly 18, 1972 on Petition 72-5-3-2 as submitted by Gerald T. Odom requesting to vacate a ten-foot public walkway between Lots 689 and 690 on Ellen Court in Burton Hollow Estates Subdivision #6 located south of Six Mile, east of Wayne Road in the Northwest 1/4 of Section .16, the City Planning Commission does hereby recommend that Petition 72-5-3-2 be approved subject to the retention of the public utility easement in that portion of the right.-of-way recommended for vacating: for the following reason: (1) There is no need to have a pedestrian walkway in this location. (2) This area can better be maintained if it is in private ownership. (3) The severity of the topography makes it extremely difficult for the implementation of a safe walkway. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of June 28, 1972 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Rail- way Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-5-2-12 by Michael Vorgitch requesting to be granted a waiver use approval to construct and operate an automobile repair shop on property located on the south side of Ann Arbor Road between Hix and Knolson in the Southwest 1/4 of Section 31. Mr. Vorgitch was present and stated that he felt that he had reached a meeting of minds with Mr. Nagy. Mr. Andrew stated that some suggestions were given by the Planning Staff and Mr. Vorgitch had concurred with some and some he had not. Mr. Andrew asked Mr. Bakewell to point out the differences. 5054 Mr. Bakewell displayed and described an analysis of the proposed recommendation of changes. A recommended twelve-foot drive from front to rear on the east side of the Tune-Up was objected to by Mr. Vorgitch. Mr. Vorgitch prefers the west side, also Mr. Vorgitch objected to the relocation of the driveway approach to the commercial center. Mr. Nagy stated that concern of traffic at the corner should bear more consid- eration than convenience of customers. Mr. Vorgitch at this point asked for a compromise 100 ft. instead of all the way to the east property line. Mr. Olefson, 38039 Richland, was present and stated there is a large amount of traffic flowing into the Quick-Pick store. He further stated that he was annoyed by accidents, dust and dirt. He was against the granting of a waiver use permit; however, if it were granted, felt it should be the east side and not the west side. He asked further if this were a tune-up shop or repair shop. Mr. Vorgitch stated it would be a tune up shop. A resident of 38383 Richland registered complaint against this tune-up shop in the beginning and was wondering why this shop is being put into the middle of residential. Mr. Luther Robinson, 38615 Richland, was present and stated that he was suing , the City over this petition. Mr. Olefson stated this was spot zoning. 16: There was no one else present wishing to be heard and the Chairman declared the public hearing closed. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously - adopted it was, - #7-191-72 RESOLVED that, pursuant to a public hearing having been held on July 18, 1972, on Petition 72-5-2-12 as submitted by Michael Vorgitch requesting to be granted a waiver use approval to build and operate an automobile repair shop on property located on the south side of Ann Arbor Road between Hix and Knolson in the Southwest 1/4 of Section 31, the City Planning Commission does hereby determine to table this petition. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-6-2-14 by Harold J. Kelso requesting to be granted a waiver use approval to build and operate a restaurant on property located on the south side of Plymouth Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33. Mr. Kelso was present and stated they were presently occupying a building that was non-conforming and they wished to build a new building back further from the road. There was no one else present wishing to be heard and the Chairman declared the public hearing closed. 5055 On a motion duly made by Mr. Merrion, seconded by Mr. Tunis and unanimously adopted it was, #7-192-72 RESOLVED that, pursuant to a public hearing having been held on July 18, 1972 on Petition 72-6-2-14 by Harold J. Kelso requesting to be granted a waiver use approval to build and operate a restaurant on property located on the south side of Plymouth Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33, the City Planning Commission does hereby determine to table this petition. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-6-2-15 by Holy Trinity Lutheran Church requesting to be granted a waiver use approval to build a new sanctuary and Sunday School addition on an existing church located on the north side of Five Mile Road between Knolson and Haggerty Roads in the Southwest 1/4 of Section 18. Mr. Carl Geyser, designer of building, was present. He stated the church was ten years old and bulging at the seams. Mr. Andrew asked what the timetable is in regard to drives and walkways with the Sunday School and church. Mr. Geyser stated they will all be done at the same time. They will put in the. first base the first year. They will also berm the area on the east side. Mr. Andrew asked about lighting. Mr. Geyser stated the light flow would be in a westerly direction. Mr. Andrew asked whether the petitioner had plans to submit. Mr. Geyser stated he had plans to submit this evening. Mr. Matecheck, 15424 Knolson was concerned about storm water in this area. Mr. Andrew asked Mr. Geyser about storm water. Mr. Geyser stated that berm will be built in the back of the church which would alleviate this. Mrs. Posen, 15325 Knolson, stated that her subdivision has underground wiring but that she has church wires overhead. Mr. Andrew asked Mr. Geyser to call Detroit Edison about tapping underground lines in Blue Grass Estates. Mrs. Posen also complained about an artesian well on church property. Mr. Stahlein, 15363 Knolson, objected to drainage problem. Letter on file from residents of Knolson Avenue stating they were in favor of the waiver use. Mr. Hand asked when the berms would go in. 5056 Mr. Geyser stated the berms would go in immediately. Planting will go in stages, however, the planting behind Mrs. Posen's house wouldgo in immediately Mr. Hand asked whether planting would go in within one year. Mr. Geyser stated he could not answer that question. There was no one else present wishing to be heard and the Chairman declared the public hearing. closed. On a motion duly made by Mr. Hand, seconded by Mr. Tunis and unanimously adopted it was, #7-193-72 RESOLVED that, pursuant to a Public Hearing having been held on July 18, 1972 on Petition 72-6-2-15 by Holy Trinity Church 'requesting to be granted a waiver use approval to build a new sanctuary and Sunday School addition on an existing church located on the north side of Five Mile Road between Knolson and Haggerty Roads in the Southwest 1/4 of Section 18, the City Planning Commission does hereby recommend to the City Council that Petition 72-6-2-15 be approved for the following reasons: (1) The proposed use complies with the requirements of the Zoning Ordinance #543 and the special waiver use standards of the Zoning Ordinance. (2) The site is of sufficient size and capacity to accommodate the expansion of the facilities. (3) The proposed use is compatible to the surrounding uses of the neighborhood. with the following conditions : (1) That Site Plan dated #72-100, Site lA be adhered to. (2) That Building Elevation Plan dated 72-100 be adhered to. (3) That a landscape plan showing the full landscape treatment of the site be submitted to the Planning Commission for approval before issuance of a building permit. (4) That all landscape materials be installed on the site. within a period of two years after the issuance of a Certificate of Occupancy is granted. (5) That all landscape planting materials installed shall be maintained and kept in a healthy condition. (6) The petitioner be required to contact the Detroit Edison Company relative to the elimination of overhead service to the church structure and alternative service be provided utilizing underground electrical distribution system existing under Blue Grass Subdivision. (7) Surface drainage problem occuring on site shall be rectified to the satisfaction of the City of Livonia Engineering Division. 5057 410 FURTHER RESOLVED, that notice of the above public hearing was sent to property owners within 500 feet, petitioner ti; and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-3-6-6 by the City Planning Commission to amend Section 11.02 of Ordinance #543, the Zoning Ordinance, to provide additional control relating to enclosed theatres. Mr. Tatigian questioned language to limit the use to new buildings. He felt there would be trouble defending this amendment. On a motion duly made by Mr. Tunis, seconded by Mrs. Taylor and unanimously adopted it was, #7-194-72 RESOLVED that, pursuant to a public Hearing having been held on July 18, 1972 on Petition 72-3-6-6 by the City Planning Commission on its own motion to determine whether or not to amend Section 11.02 of Ordinance #543, the Zoning Ordinance, to provide additional control relating to enclosed theatres, the City Planning Commission does hereby determine to table this item. The Chairman declared the motion carried and the foregoing resolution adopted. * * * * * * * * * * * * * * * * * * A brief recess was called by the Chairman. The meeting resumed with the same number of members present as were present for the initial roll call. Mr. Kluver announced the next item on the agenda, Petition 72-5-2-10 by St. Mary's Orthodox Church requesting to be granted a waiver use approval to erect a church on property located on the east side of Merriman Road between Six and Seven Mile Roads in the Southwest 1/4 of Section 11. On a motion duly made by Mr. Tunis, seconded by Mr. Talbot and unanimously adopted it was, #7-195-72 RESOLVED that, pursuant to a public hearing having been held on June 27, 1972 on Petition 72-5-2-10 by St. Mary's Orthodox Church requesting to be granted a waiver use approval to erect a church on property located on the east side of Merriman Road between Six and Seven Mile Roads in the Southwest 1/4 of Section 11, the City Planning Commission does hereby determine to table t • this item for further study. The Chairman declared the motion carried and the foregoing resolution adopted. 5058 The Secretary announced the next item on the agenda, letter dated June 27, 1972 from.William N. Ponder requesting an extension of the approval of Petition 71-3-2-12 by Gary Goldberg requesting to erect an International House of Pancakes Restaurant on property located on the east side of Middlebelt Road between St. Martin and Bretton Roads in the Southwest 1/4 of Section 1. On a motion duly made by Mr. Hand, seconded by Mr, Kluver and unanimously adopted it was, 117-196-72 RESOLVED that, pursuant to a request dated June 27, 1972 from William N. Ponder requesting an extension of the approval of Petition 71-3-2-12 by Gary Goldberg requesting to erect an International House of Pancakes Restaurant on property located on the east side of Middlebelt Road between St. Martin and Bretton Roads in the Southwest 1/4 of Section 1, the City Planning Commission does hereby recommend to deny Petition 71-3-2-12 for the following reasons: (1) It would be detrimental to the surrounding residential area. (2) It is in violation of the Master Plan for the Livonia Mall area. (3) The proposed use would not be in harmony and appropriate with the orderly development of the surrounding area. i (4) The location and size of the proposed use, the nature and intensity of the principal use and the accessory uses, the site layout and its relationship to streets giving access, shall be such that the traffic to and from the use will be hazardous and inconvenient to the neighborhood and will unduly conflict with the normal • traffic of the neighborhood. (5) The location, size and intensity, site layout and periods of operation of the proposed use can cause a nuisance which may be noxious to the occupant of any other nearby permitted use by reason of dust, noise, fumes and lights. (6) The area is already being serviced by similar services and there is no need for additional facilities of this type at this location at this time. (7) The conditions of the area and/or neighborhood have not changed to any extent whereby the Commission can reach any other conclusion but the denial of this petition. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, letter dated June 16, 1972 from J. J. Stone, President of Lowell Construction Company, requesting that Lot 489 of Tiffany Park Subdivision No. 5 be released back to Lowell Construction Company. ils 5059 I!: On a motion duly made by Mr. Tunis, seconded by Mr. Talbot and unanimously adopted it was #7-197-72 RESOLVED that, inasmuch as the land to the south of Lot 489 of Tiffany Park Subdivision No. 5 are now owned, in its entirety, by the Michigan State Highway Department and a commitment has been received by the City of Livonia from the State Highway Department that the City of Livonia will be afforded first opportunity to acquire the unused portion of these lands for park and recreation purposes, the City Planning Commission does hereby approve the release-6f Lot 489 of Tiffany Park Subdivision #5, which lot was placed in escrow by Joshua J. Stone, President of Lowell Construction under the terms of the original approval of Tiffany Park Sub- division No. 5 and takes this means to notify all parties of interest that all conditions of the escrow commitment have been fulfilled. The Chairman declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver, seconded by Mr. Hand and unanimously adopted the 243rd Regular Meeting was adjourned at 12:05 a.m. CITY PLANNING COMMISSION Li dA,A,-444 d/doll--- Herman H. Kluver, Secretary •TTESTED: . / -e-- - :7 -/Z-Ze-e--(r- Daniel R. Andrew, Chairman 4 1