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HomeMy WebLinkAboutPLANNING MINUTES 2001-11-20I MINUTES OF THE 835° REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, November 20, 2001, the City Planning Commission of the City of Livonia held its 835"' Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. James McCann, Chairman, called the meeting to order at 7:30 p.m. Members present: James C. McCann Dan Piercecchi H. G. Shane Robert Alanskas William La Pine Linda Dolan Members absent: None Messrs. Mark Taormina, Planning Director, and Scott Miller, Planner III, were also present. Chairman McCann informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in turn, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner hasten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their filing. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome ofthe proceedings tonight. ITEM #1 PETITION 97-08-08-21 Jaafar Investment Group Mr. Pieroecchi, Secretary, announced the first item on the agenda is Petition 97-08- 08-21 by Jaafar Investment Group requesting approval to amend a previously approved site plan in order to construct a trash dumpsler enclosure forthe gas station located at 29401 Seven Mile Road in the N.E. 1/4 of Section 11. 18957 On a motion by Mr. Piercecchi, seconded by Mr. Alanskas, and unanimously approved, it was #11-177-2001 RESOLVED, that the City Planning Commission does hereby recommend that the request to amend a previously approved site plan, Petition 97-08-08-21, submitted by Jaafar Investment Group, on behalf of Sunoco Gas Station, in order to construct a trash dumpster enclosure for the gas station located at 29401 Seven Mile Road in the Northeast 114 of Section 11, be removed from the table. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Miller: This site is located on the southwest corner of Seven Mile and Middlebelt. In November of 1997, Site Plan approval was granted to construct a gas station and convenience store on this site. As part of the condition of approval, it stated "That there shall be no dumpster located outside of the building, and all trash must be contained within the building except on the day trash is scheduled for removal." Back in April, 1999, the owner of the property came back before the Planning Commission and City Council and asked to revise that condition. It was denied at that time. Now the petitioner is back before you asking again for an outside dumpster. The petitioner is proposing to erect a trash dumpster at the northwest corner of the building that would face Seven Mile Road. The area would be 10' x 9' in area and would be surrounded by a plastic decomtive fence with plastic entrance gates. Mr. McCann: Is there any additional information, Mr. Taormina? Mr. Taormina: Yes, we have one item of correspondence from the Inspection Department, dated September 18, 2001, which reads as follows: "Pursuant to your request of August 14, 2001, the above -referenced petition has been reviewed. The following is noted. (1) The Petitioner has illegally installed this dumpster enclosure in direct violation of Planning and Council directives and a violation has been issued and is being held in abeyance until Planning and Council makes a final determination. (2) As installed, the dumpsteris inaccessible as the front entry is blocked by three (3) parking spaces. Without these three (3) parking spaces, the pet#loneris deficient those spaces. (3) The landscaping needs maintenance along the south and west areas. This Department has no furtherobjection to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? I:• Charles Tangora, 33300 Five Mile Road, Livonia, Michigan. I am representing Jaafar Investment Company. I'm sure you gentlemen and Mrs. Dolan have reviewed this particular location, driven by it or maybe even stopped in to see the location. I think you all recognize that this is a convenience store with gas pumps out in front. The entire interior of the building is loaded up with merchandise for retail similar to a 7-11 type of operation. The storeroom is used for storage of the merchandise that's needed on the retail basis, not only for the pump area, which is mainly oil, but also for the interior of the store. Mr. Jaafar has been a businessman in the City of Livonia since 1974. He is a long time resident. He bought the building back in 1998 after the building was approved for rehabilitation. He didn't own it before that time. There were certain representations that were made prior to that time, not by him but by a previous owner. We're sure that you all recognize that there was a trash enclosure that was installed without a permit. We're not telling stories out of school obviously, but he has been storing his waste in the backroom, and as his business has picked up, the waste became more and more onerous. In fact, he's generating five to six garbage bags of waste a day. For the Iasi four years up until the time he put in this waste enclosure, he had to put these bags of waste in his car and take them over to a dumpsite. And that had to be every single day for seven days a week. He's a 24-hour operation so obviously he generates a lot of waste. The situation became almost intolerable and I think that's why Mr. Jaafar was put into a situation where he felt he had to do something. Unfortunately he didn't get the approval first. We recognize that. I apologize for him. But he could not hardly move in the storeroom to get his merchandise out. And in addition to that, it was also creating smell because of the waste material. Some were oil cans. Some were pop bottles that were consumed on the premises. Customers drove up and deposited waste in his trash receptacles out on the pump island. So as he stored these things in his storeroom, the odor went throughout the building and really created a poor situation. This is a business. I think it's a good business for the City of Livonia, and we would ask your consideration to really do what's right and give him the same opportunity to store his waste outside as every other business of this type has in the City of Livonia. Thank you. Mr. McCann: Are there any questions? Mr. La Pine: When we approved the renovation of the original gas station, we were underthe impression thatwhat was going to be sold inside that store was candy, pop, coffee to go, things of that nature. At that time the gentleman who had the business said that he wanted inside storage because he wouldn't want an outside dumpster. What has changed? You said something about oil. You don't change oil here. 18959 Where does the smell come from, the oil? Oil cans are sealed and people buy them and take them away. I can understand that people buy coffee and maybe throw them in the dumpster. But basically all you have is boxes. People buy candy and things of that nature. Mr. Tangora: Well, oil is used on the pump islands when people come up and want service ... gasoline ... and they do check their oil, and there is oil available for them to sell. Mr. LaPine: I understand that they can sel t, but do they change it there? Mr. Tangora: They don't change it but they do install it. They add to the crankcase when theyre down. And then they throw their empty cans in the trash receptacle that's on the pump island. That trash is brought into the building. It has been brought in for the last four years approximately. It creates a smell in addition to some of the other merchandise that when it's open in the store area and stored in the storeroom also has some kind of a smell. Mr. LaPine: I was there twice this week. The situation isn't any better if you don't close the doors on the dumpster area. I was there two different times during the day and they were open every time. Mr. Tangora: Well, that shouldn't happen. I agree with you. Mr. LaPine: Its not only this. Just about everybody in town has got a dumpster enclosure. For some reason or another its too hard to lock the enclosure. Thank you, Mr. Chairman. Mr. Piercecchr Mr. Tangora, I'm sure you're aware, or perhaps you're not, that on November 5, 1997, this site received Site Plan approval to allow the construction of a gas station and convenience store. Are you aware ofthat? Mr. Tangos: Yes. Mr. Piercecchi: As part of the approval, it was conditioned "that there shall be no dumpster located outside of the building and all trash must be contained within the building except on the daytssh is scheduled for removal" On April 7, 1999, the petitioner was denied a requestto amend the above condition by the City Council. It was felt that the site did not have enough room to accommodate the enclosure. How will this dumpster be emptied if you've got cars parked in front of it? Mr. Tangos: Well, if there are cars parked in front when the trash is scheduled for removal, the cars would have to be moved. From what I understand, ff:AiYrl he has a scheduled trash removal either once or twice a week for the amount of trash that he has. On those few limes when he has the waste company come by, the cars would obviously have to be moved. I recognize that the doors should be kept closed at all times. When I was there a few months ago when I first became involved with this, I went over to the location. Itjust didn't even hit me at that time ... the doors were closed. I think we recognize that the enclosure is a white plastic. It blends in with the building. really didn't even seethe enclosure at that time until it was pointed out to me whereilwas. Recognizing that all the things that you say are true, I just think we have a bad siluabon with a good businessman of the City of Livonia who has been forced to take his own trash out to a dump site every single day. I just think that's wrong and there should be some solution in the City of Livonia. Mr. Piercecchi: I can relate to that but the thing is, it really requires about a 35' aisleway so you can get a truck in there to empty it. The plastic around that thing is very fragile. It should be masonry. If one car bumps into it, its so long. Mr. Tangom: Well, that's true. I recognize it has to be maintained. And it is relatively new and it still looks good. But if it's ever damaged, you know, I think that Mr. Jaafar would have to maintain it and keep it in good repair. Mr. Piercecchi: That site has direct access to that big dumpster south of that facility. Coned? You can walk to that plaza. Mr. Tangom: But that's on somebody else's property. Mr. Piercecchr Is there any chance for him to locate in that area or purchase space in that dumpster? Mr. Tangom: I can't answer that. I dortl knov. I dont know whether Mr. Jaafar has ever asked. He's herein the audience. I can ask him. Mr. Jaafar says he talked to him but he will not share any space in the dumpster. The market has a dumpster but he won't let Mr. Jaafar put anything in it. Mr. Shane: Where do your employees park? Do your employees park on site? Mr. Tangom: His employees park on site. Mr. Shane: Could they park in those three spaces that interrupt the dumpster? Mr. Tangom: They could park in there. I think the answer is yes. 18961 Mr. Shane: Do you know what lime of day the dumpster is picked up? Mr. Tangos: Between 5:00 and 6:00 in the morning. Mr. Alanskas: I would just like to add the one thing. Unfortunately, when the first petitioner came before us, this Board and also the City Council tried to tell him that the building was too large ... to make it smaller so that you could put a dumpster in the back of the building. And he says, "No. I have plenty of room for my trash. I can put it inside. I want the larger building for sale of merchandise and I can dispose of it the way l want to." And that's what happened. Mr. Tangore: I recognize that these representations were made to the City Council and to the Planning Commission. Mr. Jaafar obviously was not the owner at the time and did not make these representations. Now for the past four years he has had to live with it. The situation is that he has to take his own trash out five to six bags a day in his car to get rid of it, and I just think that its wrong ... not for a city of this magnitude. Mr. Alanskas: Did he go before the City to check to see what he had to do before he put that dumpster in? Mr. Tangore: No. Mr. Alanskas: Thankyou. Mr. McCann: Mr. Tangora, I have a number of questions. One of the things that you keep telling me is it's wrong for a City to do this to this poor businessman. This businessman came before this Planning Commission and the City Council. This poor businessman said, "No, I knov the requirement is I put in a dumpster. Please dont make me do that. I would be hurl if I didn't have the extra space." Now, can you tell me who did the modifications to the building? Your dient or the prior dient? Mr. Tangos: Who? Mr. McCann: Who did the modifications to your building? Didn't your client do the modifications to the building? Mr. Tangos: Are you talking about the trash enclosure? Mr. McCann: I'm talking about the remodeling of the gas station. Mr. Tangos: No, that was another owner. 18962 Mr. McCann: That was another owner? Mr. Tangom: He bought it after the Site Plan was approved. Mr. McCann: Okay. So he knew what he was buying then. He was already in there and there was no trash dumpster. Mr. Tangom: That's right. Mr. McCann: Okay. And he also went lothe Council in 1999 and he was denied. Mr. Tangom: Absolutely. Mr. McCann: And even though he was denied, he said, "Well, to heck with the City of Livonia. I need one. I'll do what I want" He went out there and he pulilup. He didn't meet the code. He did it with plastic fence. He did it in front of a handicap parking space. So if the trash company did have to come and empty the trash, a handicap person would have logo back out to their car and move their car so that the trash company could come i n and do it. Now he says they come at 5:00 and 6:00 in the morning. Most communifies have an ordinance that they're not allowed to pick up trash before 7:00 in the morning. I know Waste Management that comes out to Livonia and I know a number of the other companies, Great Lakes, all have to start at 7:00 because they are fined by the communities they go into if they pick it up before 7:00 in the morning. With regard to the parking, you would lose at least three spots if you were to put in an enclosed dumpster area. Where does he pose to put this parking? Would he consider removing one of the pump islands? Mr. Tangom: As we indicated before, his workers park on site at the time that the truck comes in the morning. Whether it's 5:00, 6:00 or 7:00, he has a very limited am at that time. Theywouldhavelomovethecars there in front of the dumpster. Mr. McCann: Well, you didn't answer the question. Would he be willing to remove the pump island in orderto accommodate the additional parking he's going to need to make up for the dumpster? Mr. Tangom: Well, I think that would have a drastic effect on his business. That business is there to take care of customers. If you limit it down to one pump island, I think that it causes a real inconvenience to the customers as well as to the business. 18963 Mr. McCann: Then it appears to me that the problem is he's gottoo much inside— shelf space, and needs more storage area. Isn't that a possibility? Mr. Tangora: Well, I don't think he can increase the storage area. Mr. McCann: Cant he by reducing the sales area? Mr. Tangora: Well, he can but then you have it all in storage and that's where the retail business is. Mr. McCann: It was never intended to have that much retail if there was suppose to be room for the storage of the garbage. Mr. Tangora: Well, it did have, evidently based on the previous owner's analysis, space for inside storage of trash. I think that this business down through the years, the last four years, has increased so that he needs the type of retail area that he has. If you've been in the facility, you'll see that it's well stocked. All the shelves are stocked up with various types of merchandise and the backroom has the replacement stock. And there really isn't any place to put trash other than on the floor. Mr. McCann: The next question is, you keep talking about bags of garbage. Has he put in a trash compactor? Mr. Tangos: No. Mr. McCann: One of the original owners said that if he needed to, he would put in an industrial trash compactor like the office buildings use. They put those in a small room and it supplies for the whole office building. You could put a whole week's garbage through a small trash compactor. Mr. Tangos: I recognize and through my experience I know other businesses that I've represented down through the years and with this type of retail business, trash compactors just dont work. I've never found one person who's ever been safisfied. Usually they end up talting out the trash compactor and putting in an outside storage area. Mr. McCann: Are there any other questions? Mr. LaPine: How often is the dumpster picked up? Mr. Tangos: It's either once or twice a week depending on the capacity. He can call and have it picked up twice a week if it's filled up. Mr. LaPine: You tell me it takes five or seven garbage bags a day. IrLD, Mr. Tangos: Five or six. Mr. La Pine: If you go for a week or seven days, that's 42 bags. That dumpster would never hold 42 bags. Mr. Tangos: And that's why he has the option of calling the waste company to come by and pick it up when it gets filled up. Mr. Shane: Is this a 24-hour operation? Mr. Tangom Yes. Mr. McCann: Are there any more questions? Is there anybody in the audience that wishes to speak for or againstthis petition? Mr. Tangora, is there any additional comments? Mr. Tangom No. On a motion by Mr. LaPine, seconded by Mr. Alanskas, and unanimously approved, it was #11-178-2001 RESOLVED, that the City Planning Commission does hereby recommend that the request to amend a previously approved site plan, Petition 97-M-21, submitted by Jaafar Investment Group, on behalf of Sunoco Gas Station, in order to construct a trash dumpster enclosure for the gas station located at 29401 Seven Mile Road in the Northeast 1/4 of Section 11, be denied for following reasons: 1. That Condition #2 of City CoundI Resolution #924-97, that specifies'That there shall be no dumpster located outside of the building, and all trash must be contained within the building except on the day trash is scheduled for removal," is hereby upheld and shall be adhered to for the following reasons: a) That the petitioner has failed to comply with all general standards and requirements as set forth in Section 18.58 and 19.06 of the Zoning Ordinance; b) That the location of the trash dumpster end mum would have a detrimental effect upon the neighboring properties; c) That this site does not have enough room to accommodate a trash dumpster enclosure; ffdi4" d) That traffic flow and parking would be hindered throughout the entire site; e) That the owner of the property was well aware of the consequences of not having an outside dumpster when this station was built; f) That the petitioner has failed to comply with all the concerns deemed necessary for the safety and welfare of the City and its residents; and 2. That the existing dumpster enclosure shall be removed immediately and the area shall be deaned up and brought back to conformity, as shown on the approved Site Plan of City Council Resolution #924-97. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. You have len days in which to appeal the decision in writing to the City Council. ITEM #2 PETITION 2000-12-0238 Hunters Grove- Entrance Marker Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 2001- 12-02-38 submitted by Hunters Grove Condominiums requesting approval for an entrance marker for the property located at 15670 Newburgh Road in the Southwest 1/4 of Section 17. Mr. Miller: This condominium development is located on the eastside of Newburgh between Five Mile and Ladywood. In August, 2001, the petitioner received wavier use approval to construct the Hunters Grove Condominiums on the subject site. As part of that approval it was conditioned: That an entrance markerplan shall he submitted to the Planning Commission for approval within 60 days following approval of this petton by the City Council. The petitioner is requesting approval for a conforming entrance marker for the development. Signage permitted for this site is one marker not to exceed 20 sq. R. in sign area and not to exceed 5 fl. in height. Signage Proposed is one entrance marker20 sq. R. in sign area and 5 R. in height. The submitted site plan shows that the proposed sign would be located out towards Newburgh Road, directly in front of the middle condominium unit "O" A note on the plan explains that the sign would be located at an equal distance between the two driveways of the development. The sign would be made out of a if:4IY large slab of ledge rock placed upright and embedded in a concrete fooling. The graphic and lettering would be sand blasted in both sides of the rock and painted black. Landscaping and additional boulders would be placed near and around the identification sign. Mr. McCann: Is there any correspondence? Mr. Taormina: There is one item of correspondence from the Inspection Department, dated November 9, 2001, which reads as follows: "Pursuant to your request of November 2, 2001, the above - referenced petition has been reviewed. The following is noted. The actual square footage of the sign should be noted on the plan and must be 20 square feet orless to conform to the ordinance. This Department has no further objection to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. McCann: Is the pefifioner here this evening? Charles Tangora, 33300 Five Mile Road, Livonia, Michigan. I represent Craig Corbell who is not available tonight because he has a family function he has logo towith his two sons. Let me first say that this limestone sign has not been installed. I think that you've seen the plans and I know you've reviewed them. I think its a nice looking sign. Ifyou have any questions, I'll try to answer them. Mr. Alanskas: Yes, it is a good looking sign. I see that the large slab is going to be in concrete. Mr. Tangom: Yes. Mr. Alanskas: In regards to the rock on the right side, is it going to help support this sign? How is it going to support the sign? Are those rocks cemented in there also? Mr. Tangore: Noldon'tthinkso. I think thatthey are just piled on top of each other. Mr. Alanskas: They must be pretty big sized rocks then so they can't go anywhere. Mr. Tangom: Yes. Mr. Alanskas: All right. Thank you. Mr. La Pine: I don lsee anything in here that shows the sign is going to be lighted. It's not going to be lighted? 18967 Mr. Tangom: No. Mr. LaPine: It's notgoing to be lighted. Mr. Tangom: No. Mr. LaPine: Isn'tthat kind of strange if someone is looking forthis al night? Mr. Tangom: Well, they're all residents. Mr. LaPine: Yes, but dsomeone is coming to visilyou, you know ... Mr. Tangom: Yeah... Mr. La Pine: That's okay. I'm justcurious. Mr. McCann: Are there any more questions? Is there anybody in the audience that wishes to speak for or against this petition? Iflhere is nothing else a motion is in order. On a motion by Mr. Alanskas, seconded by Mrs. Dolan, and unanimously approved, it was #11-179-2001 RESOLVED, that the Planning Commission does hereby recommend to the City Council that the request for approval of the Entrance Marker for Hunters Grove Condominiums, in connection with Pefilion 00-12-02-38, located at 15670 Newburgh Road on the east side of Newburgh Road between Five Mile and Ladywood Roads in the Southwest 1/4 of Section 17, be approved subject to the following condi0ons: 1. That the Sign Package submitted by Hunter Homes, Inc. dated October 25, 2001, is hereby approved and shall be adhered to; 2. That the sign area of the Entrance Marker shall not exceed 20 sq. ft.; and 3. That any addi0onal signage shall come back before the Planning Commission and City Council for their review and approval. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ff:1 iY:l ITEM#3 PETITION 2001-10-08-27 Kroger Company Mr. Pieroecchi, Secretary, announced the next item on the agenda is Petition 2001- 10-08-27 by the Kroger Company requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to renovate the exterior building elevation of the commercial building located at 30935 Five Mile Road in the N.W. 1/4 of Section 23. Mr. Miller: This site is located on the south side of Five Mile Road between Merriman and Henry Ruff. The pefifioner is requesting approval to install a drive up window to the east elevation of the Kroger Store located in the Livonia Plaza Shopping Center. The store's pharmacy would be located directly behind the new window. According to the Site Plan, the petitioner is proposing to create a 12 R. wide approach lane off Spanich Court. As the Commission will recall, Spanish Court not only provides access to the industrial property located behind the shopping center but is also an aisle way of the centers parking lot. Some of Kroger's parking is located on the other side of Spanich Court, next to the residential neighborhood to the east. A 5 R. wide island would separate and define the drive -up lane from Spanich Court. Three (3) trees that would have to be removed to allow the approach would be relocated along the east edge of the parking lot. The cul-0ul of the proposed elevation shows that a standing seam metal canopy would be installed over the new drive -up window. The canopy would measure 22 ft. long and extend out 5 R. from the wall. The plan does not show or note any additional signage for the drive - thru. A color rending has not been submitted at this time. Mr. McCann: Is there any correspondence? Mr. Taormina: There are four items of correspondence. It first item is from the Engineering Division, dated October26, 2001, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. It should be noted that the developerwill be required to accurately locate all existing utilities near the proposed construction area before beginning any Work. Water mains andgas lines are in the immediate area of the proposed work and will need to be located before any construction occurs. We trust that this will provide you with the information requested. Please feel free to contact this office if you have any questions." The letter is signed by David Lear, P.E., Civil Engineer. The second letter is from the Livonia Fire & Rescue Division, dated October 25, 2001, which reads as follows: This office has reviewed the site plan submitted in connection with a request to install a drive-thru window to the exterior of the commercial building on property located at the above - referenced address. We have no objections to this proposal." The letter is signed by James E. Corcoran, Fire Marshal. The third letter is from the Division of Police, dated November 1, 2001, which reads as follows: "We have reviewed the site plans for the proposed drive- thru window forthe exteriorof the Krogerstom located at 30935 Five Mile. We have no objections to the plan as proposed. We would recommend adequate lighting be installed in the area of the drive- thru to enhance patron security while using the drive-thm." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated November 8, 2001, which reads as follows: "Pursuantto yourrequest ofOctober 19, 2001, the above -referenced petition has been reviewed. The following is noted. (1) The drawing does not reflect the turning radius in and out of the drive-thru lane. This should be reflectedin the plan and should not be less than fifteen (15) feet. (2) No provision is noted to "stop" the drive-thru lane as it exits. In this instance itis not exiting onto a parking lot but onto Spanich Court, which is also ingressregress forthe business south ofKroger. The direction of travel should also be detailed and marked. (3) No height of canopy warning is noted on the ingress side. The Commission and/or Council may desire this to be noted. (4) The plan should note that any displaced trees shall be relocated in case more than three (3) are disturbed. (5) No signage has been reviewed as none has been proposed. This Department has no further objection to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? Marsha Butkovich, representing Jeffrey A. Stull Architects, P.C., 32316 Grand River Avenue, Suite 200, Farmington, Michigan 48336. 1 represent the Kroger Company as well. What Kroger is planning on doing is providing a convenience for their pharmacy customers. Its very prevalent in the industry right now for pharmacies to have drive-thru windows as a convenience for the community. Typical pharmacy drive-thru traffic is about 30 cars a week so it's not a large number. We've spoken to many pharmacists. There's never more than 2 cars; they can't recall any more than two cars being in a line. So therefore it's not your typical drive-thru situation. Three trees will be affected as Mr. Miller stated. We will relocate those to help provide a better buffer here which is already pretty heavily landscaped. I believe there are condominiums over here. The projection roof, an awning if you will, that would come out of the building ... a metal awning would project out five feet to protect the driver from the 18970 elements. As far as lighling goes, typicallywe have provided wall packs. Here is a photo of the existing elevation. Therearewall packs on therenow. What we typically do is also put wall pack lights underneath this canopy to prated the driver as well. Can I answer anyquestions? Mr. McCann: Are there any questions? Mr. Piercecchi: What's this 30 cars a week? You mentioned 30 cars a week. Ms. Butkovich: Basically that's what the pharmacy drive-thru windowserves-30 customers a week on average. Mr. Piercecchr Oh, that's how many it would serve. Ms. Butkovich: Right. Mr. Piercecchi: Okay. Do you realize that by having cars going south in and out of that drive-thru, they are going to be competing with traffic. They have to turn around and go back and go north again. That's one heck of a hazard. Howaretheygoinglogeloulofil? Letsay, they come in. How do they go out? Ms. Butkovich: They go right here. They turn in here and there will be a stop sign provided here to gel back onto Spanich Court. Mr. Piercecchi: Are you saying they are going to come all the way down to where the commercial is, and then make a left tum into that area? Ms. Butkovich: No, they would be traveling here. This is the entrance that would come off Five Mile, travel south, and make a right tum into the cuing area. Mr. Piercecchi: They're going to go past the thing then? Ms. Butkovich: Correct. Mr. Piercecchi: And then make a right tum and go north again? And they have to face oncoming traffic? Ms. Butkovich: They will have to and typically in these situations, we've provided a stop sign to help prevent any traffic ... Mr. Piercecchi: You dont think you're adding an undue hazard to have a drive-in which is only going to serve 30 customers? I remember when they 18971 wanted to put the pharmacy in there. They wanted to get people into the store. Now they want people out of the store. Ms. Butkovich: Most customers still do go inside. Basically the convenience is for a mother who comes home from a doctor's appointment and doesn't want to take her sick child in. Situations like that. That'swhyildoes not generate a lot of traffic. And I don't believe there's been any incidences where it has caused undue traffic to the surrounding area. Mr. Piercecchr Are you saying that this arrangement is at other Krogers? Is that what you're telling me? Ms. Butkovich: Yes, there are a few Krogers that have this similar situation. Mr. Alanskas: Do you know what percentage of sales Kroger does with its pharmacy? Ms. Butkovich: I'm nolsure. Ken Reisig is here from the Kroger Company. I don't know if he can answer that. Mr. Reisig: For each store? Mr. Alanskas: Let's say for this store? Mr. Reisig: I dont have the exact statistics. Mr. Alanskas: Well, what is the mid range? Mr. Reisig: I would say five percent. Mr. Alanskas: Okay. Don't you think if you only have an average of 30 cars that pick up prescriptions, wouldn't they be more apt to buy something if they went into the store to get a prescription and see what you have there? Ms. Butkovich: Yes, they would. Mr. Alanskas: Then why would you want to put an outside pickup for only 30 people? Why don't you come up to the mike, sir, and give us your name. Ken Reisig: I'm a facility engineer at Kroger here in Michigan. The idea is not so much to increase sales, but just to give the customer one more convenience. Many of our competitors out there offer this and it's just one more way to say that, as an image, Kroger is customer friendly and we're here to make your shopping experience as easy as possible. 18972 Mr.Alanskas: Thankyou. Mr. La Pine: On that note, the primary purpose of Kroger is to sell groceries. Isn't that their prime business? They only got into the pharmacy business when all these drug stores began to pull out of shopping centers and have freestanding locations with drive-thrus. Ifwe give itto Kroger, Farmer Jacks is going to want it. If we give it to Farmer Jacks, Target's going to want it. If we give it to Target, Coslco's going to want. If we give it to Costco, God only knows where this is going to end. And we're going to have every building in the City of Livonia or across the country or the Stale of Michigan with drive thrus. Tome, we've got enough drug stores in this town. God knows we've got plenty of drug stores where they can go if they need a prescription. I understand the situation where a mother has a sick child and she doesn't want to go into the store, but it seems to me, on an emergency basis, they could go to a regular drug store. I'm not in favor of opening up all these shopping centers that have big food stores in them to having drive thms unless you convince me that you're going to increase that traffic from 30 to 50 to 100. Then maybe we'd really have a traffic problem here. Ms. Butkovich: Right. Mr. LaPine: So, I thinkwe're opening up a situation where once we Ietthe drive- thm go in, everyone in the City of Livonia who has a pharmacy within their building, be it Kroger or Costco or Farmer Jacks or Sears, all of them will want a drive thm. And that bothers me quite frankly. Mr. Shane: I'm having trouble with the notion of a car moving south on Spanich Court and being able to make a very sharp, quick turn north into this drive thru center unless theyre able to make a wide swing into the left hand tum lane on the right northbound lane of Spanich Court. There isn't much radius there. You know what I'm saying? Ms. Butkovich: Right. This radius here? Mr. Shane: Yeah. When you come in south and then make a quick tum, I'm having a lot of trouble visualizing how that can be done. Ms. Butkovich: That's the reason why this mouth was made wider- to accommodate some of that swing. Mr.Shane: Well, it doesn't look wider on my drawing. I think it would be difficult to do unless, as I say, you can make a swing into the northbound lane. Physically, I don't know how you're going to do it. I suppose 18973 the easiest way would be to go to the parking lot next door and come down and make a big swing, but I question that frankly. Mr. McCann: Are there any more questions? Is there anybody in the audience that wishes to speak for or against this petition? I guess I have a concern. The depth between the side of the road is about 12 feet, is that correct? Ms. Butkovich: Right. Right here? Mr. McCann: Yes. Ms. Butkovich: Yes, it's 12 feet wide. Mr. McCann: I don't know. If you're in the family van or Suburban, you're not going to be able to make a u -tum in 12 feel. Ms. Butkovich: Is this where you're talking right here? Mr. McCann: You've got 10' ofthe road, so yodve actually go122'. There's noway a van or a Suburban could ever make a u -tum, is there? Ms. Butkovich: I'm not sure of a van or Suburban. Typically, this widening ... Mr. McCann: Yeah, but even with the widening, you still only have a maximum of 22' for a car to make a complete directional change from going south to going north. To be honest with you, I don't know if too many vehides can do it with that radius. Ms. Butkovich: There are situations also that we have come in this way and provided a pneumatic tube system. You would basically enter a pneumatic lube just like a bank drive thm. That would be another situation ... but then you have looping the other way. Mr. McCann: Okay. If nobody in the audience wishes to speak, a motion is in order. Mr. La Pine: If this was approved, how are the people going to know where its at? What kind of signage are you going to have here? Ms. Butkovich: I believe that Krogerwould like signage on the facade. Mr. La Pine: Bulthe signage is notparl ofyourproposal tonight, is it? Ms. Butkovich: No, not atthis time. 18974 Mr. La Pine: Okay. Thank you. Mr. McCann: Second call for a motion. On a motion by Mr. Shane, seconded by Mr. LaPine, and unanimously approved, it was #11-180-2001 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2001-10-08-27 submitted by the Kroger Company requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to renovate the exterior building elevation of the commercial building located at 30935 Five Mile Road in the Northwest 114 of Section 23, be denied for the following 1. That the petitioner has failed to comply with all general standards and requirements as set forth in Sections 18.58 and 19.06 of the Zoning Ordinance; 2. That the overall layout at the proposal would unduly tax and conflict with the established and normal traffic flow of the area; 3. With Span ch Court not only providing an aisl may for the parking lot but also used as a main drive for industrial traffic, vehicles entering and exiting the drive -up lane could present a hazard; 4. That approving this modification would set not only undesirable precedent for the surrounding area but throughout the entre City; 5. That the location of the drive -up window would have a detrimental effect upon the neighboring properties; and 6. Thatthe petitioner has failed to comply with all the concerns deemed necessary for the safety and welfare of the City and its residents. Mr. McCann: Is there discussion? Mr. Alanskas: I'd just like to say that I think that Kroger has always been a good image for our City. They have good product. They support the City. Being that your total pharmacy sales are only 5% and 95% is other items such as groceries, and you only have around 30 cars per week, which is only one percent, I just think that for what you want, you're stepping in the wrong direction. I just dont think you need it. I think 18975 you would be better off having it inside the building and not having any problems. Thank you. Mr. Shane: In addition to agreeing with Bob, I just think physically this is unworkable for the reasons that we outlined during the discussion. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. You have len days in which to appeal this decision in writing to the City Council. ITEM#4 PETITION 2001 -09 -GB -07 George Garis Mr. Pieroecchi, Secretary, announced the next item on the agenda is Petition 2001- 09 -GB -07 submitted by George Garis, requesting approval to substitute a greenbelt for the protective wall as outlined in Section 18.45 of the Zoning Ordinance for property located at 9555-9559 Middlebell Road in the Northeast %of Section 35. Mr. Miller: This site is located on the weslside of Middlebelt between West Chicago and Plymouth. The applicant, Mr. Garis, is requesting approval to substitute a greenbelt in lieu of the protective wall that is required between an office zoned property and a residential zoned property. The property to the south of the subject property is zoned R-7, Multiple Family Residential. This property has a utility company's substation located on it. Because the width of the greenbelt that abuts the R-7 district is not 10 ft. along its entire length, the petitioner does not have the option of a permanent substitution for this property line. The applicant would either have to erect a wall or seek a variance waiving the wall from the Zoning Board of Appeals. The rear or west property line abuts a RAB, One Family Residential zoned neighborhood. The R -1B district is residential in nature and there are houses that abut right up next to the petitioners property. The greenbelt along this property line is 10 ft. in width. Screening consists of three (3) large evergreen trees and the back of Mr. Gars'building. The only plant material on the greenbelt directly behind the building is grass. A high wooden privacy fence runs the entire length of the west property line. Mr. McCann: Is there any correspondence? Mr. Taormina: No, there is not. Mr. McCann: Is the petitioner here this evening? 18976 George S. Gans, 9555 Middlebelt, Livonia, Michigan. This fence was there when I bought the property. Actually, I didn't realize that there was even a zoning variance that had been issued or anything of that nature when I bought it. Subsequent to the purchase, this issue came up before and I made application I guess as a temporary. I didn't realize that I could ask for a permanent change. And going through the procedures, the City had asked that we shore up the fence and make sure that it was maintained. I think there was one of the neighbors that said one of the posts was broken. We've maintained the fence and fixed it. Its in good shape now as far as I know. It's served well. Its pretty tall for it substantially hides the entire house behind. There are some children that live there and I never even see them out there playing or anything. I don't believe we've had any problems with it. Like I said, I've spent money to maintain it. I think it's going to be kind of a substantial cost to put a brick wall up that I'm not sure is required to even be as high as what we have. I'm hopeful that, as long as I make a solemn pledge to make sure this fence is in good shape, which I would want to anyway to protect my own properly and have it look good, you'll approve this permanent situation that's already been existing for about seven or eight years anyway. Mr. Piercecchr Mark, has the adjacent properly owner made any indication ... I assume they got a notice of this. Mr. Taormina: Yes, the adjacent property owner was notified. Mr. Piercecchi: There are no comments on it? Mr. Taormina: That's correct. Mr. Piercecchr So obviously then, they do not object. Mr. McCann: The neighbors are here. Normally, we wait for you to speak. Would there be any objections to having them come speak on this now? Why don't you come up forward, sir. We're here to hear your comments. Martin Kubera, I reside at 29441 Robert Drive, directly adjacent to the western boundary of Mr. Gans' properly. Yes, this subject has come up, actually two times before. He has been asked to maintain that fence. The maintenance that has been done on the fence was supposed to be inspected by the Ordinance Department. I'm not sure if they've done that, but if they did do that, they would find that patchwork construction done on that fence is inconsistent and not of the same color and/or ornamentation of the original structure. Beyond that, the other shrubbery and greenway participating trees, such as the pine 18977 trees, and I believe there's a couple other shrubs in that same line along thatfence, to my knowledge, since living there since 1991, have not been trammed or maintained. The shrubbery that was installed along Robert Drive and along Middlebelt Road, in my opinion, has been poorly maintained. In fact, most of those shrubs have died. Even the weekly lawn maintenance on that property, in my opinion, lacks. I am out there every weekend cutting my lawn just as most of all my neighbors are and, in my opinion, having a greenway partition between my property and Mr. Garis' poses a problem to me because historically he has not maintained eitherthe existing partition fence or his olhergreenery on that property in a consistent and normal fashion. Mr. McCann: Number one, we understand what it is with regard to maintenance Would you preferthatthis maintenance be brought up or are you asking that the shrubbery be removed and a brick fence put in? Mr. Kubera: Yes, considering the historical maintenance on the greenery around that property, I would prefer that a permanent fence be put up. Mr. McCann: Are there any questions from the Commissioners? Mr. Garis: May I respond? Mr. McCann: Please, Mr. Garis. Mr. Garis: The first contact I have with this gentleman, he comes to me and he says, "Oh, I'm sorry. My kids broke your fence playing ball out here. It's broken back this way." No offer to help me fix it or anything. Then he comes down here and he complains when I don't get it fixed quick enough for him, I guess. And when I had maintenance workers out there trying to do it, he gave them nothing but trouble. Didn't want them to go on his property, was looking over their shoulders, and giving them a lot of problems. If his intent here is to make this as difficult as possible, he's done a good job. I've tried to be a good neighbor. He asked me to fix il. I didn't say, "Hey, sir, how about donating some money to help me fix the fence that your kids broke." No, I didn't ask him. I just took care of it. Yet he sees ft to come down here not once, but twice, to tell me how terrible things are. If the fence is in bad shape again, which I don't believe it is, we had people come. He had made a complaint after we had started to do the fence that the poles weren't sunk deep enough. Dug them all out, redid them, put them down, made sure that they were within the prescribed limits. There have been inspectors out who have looked at the thing since then. If there are boards that are not the same color, it's because they weathered at different rates. When I had to ff:1 i(:1 replace the boards that his kids broke off, they haven't weathered at the same place. Now, I could restain the whole fence to make it the same color, but it's going to be a substantial amount of money to put a brick wall up there when nobody's complaining but him. I haven't had any cooperation here. I'm trying to be a good neighbor. don't think this is before the Council, but as far as the other greenery problems, yeah, we removed the shrubs. We're replacing things. I'm trying to do it a little ata time. I removed some shrubs along Robert Drive and put in those new ones. The front of the property in terms of the grass, as the City's well aware, there was substantial work done on Middlebeltfor over a year and a half. And although the City tried to come in and do some things to fix up, to put some greenery right along the curb, the truth of the matter is, they parked all the equipment over my property and trashed it. And it's taken a while for the grass to come back and nobody's going to come in and re -sod that. I juslspenf $6,000 to put sod on that same spot back in like 1994-95. And I just don't have thousands of dollars sifting around to do these things. I'm trying to do them as quick as I can. We're making changes. And the property was in a little bit run down condition when I look it over back in 1994, 1 think it was, when the purchase went through. I'm doing the best I can do, but I do think that under the circumstances, its somewhat inequitable for the same fellow who's causing me some of the repair work to come in here and complain that it's not getting done right. Mr. McCann: I don't see anything from the Commissioners. Rather than this be aired, I'd hope that maybe you two had gotten together before this, in an effort to resolve the problem. Is this something that you gentlemen would like to try and workout if we adjourn this to see if you can come to a resolution that you can both agree to? Mr. Garis: I'll do anything rational. Mr. McCann: I understand that and I hope everybody would, but it's still a difference of opinions. What we have is a waiver of use to exdude the requirement that you put a wall there. The original requirement for abutting residential property was that you put in a wall. Mr. Garis: I didn't realize thatwhen I purchased this. Mr. McCann: Yes, I understand that. You're asking us to waive that requirement but I thinkthat one of the things the wall is there for is to divide the office zoning and the residential property. Mr. Alanskas: Sir, when you repaired that fence, did you have a fence company do for you or did you do it yourself? 18979 Mr. Garis: I didn't do it myself. I had someone come in and do it. Mr. Alanskas: Was it a fence company? Mr. Garis: I believe that's what they do. I dont recall who the individuals were at this point. Mr. Alanskas: They were individuals? Mr. Garis: I don't think they have a corporation or something like that. Mr. Alanskas: Okay, now you said you spent $6,000 to put sod in? Mr. Garis: Yes, this was back in the mid -nineties, about 1995-96. Mr. Alanskas: How many yards did you put down? Mr. Garis: Well, itwasn'tjust sod. We put shrubs in the front of the building and some other things like that. Unfortunately a couple of the shrubs died. One was vandalized and things like that. So what we did, we moved them and started to put rocks there. Mr. Alanskas: Would you be willing to restain the entire fence and put in all new landscaping where needed in the springtime? Mr. Garis: Yeah, we were planning on doing that kind of work anyways. So yes, that would be fine. Mr. Alanskas: All right. Thank you. Mr. McCann: Ifthe fence were restained and new plantings were put in, would you be agreeable to that type of a solution? Mr. Kubera: Well, the repairs that Mr. Gans refers to, and granted I am not a carpenter, although I do help my brother who is a licensed builder on the side. The original posts were not re -footed. What happened, and you folks can go and inspect it, in between the original posts they placed new posts which are inconsistent in height and are made out ofwolmanized 4'x4'wood. Yes, they were not footed properly. They were put in by, I think, if we investigated, I'm sure by someone who is not a licensed fence construction carpentry type person. Mr. Garis likes to throw out a lot of fantasies here. Most of the bushes that he originally put in, most all of them, have died. No rock or no red bark, which originally was put in with that landscaping, has been put in there. More recently, within the last few days, he has raked out the Iif:4iir1 area pretty much completely including a rather large branch or two and raked it onto the curbside. I assume he's thinking that the leaf pickup will take care of that. I'm sure if the Citywere to send an inspector out, it would find that most of his claims are either erroneous or outright incorrect and that the condition of the fence is really substandard. Now I am reasonable, and when we first discussed this at an ordinance meeting some three years ago, I came out in support of his signage because he is a businessman; he has to have people recognize his business. I had no problem with that. Subsequently, he put in his sign. He refurbished the pavement on this parking lot and just this past week he even had, I believe, vinyl or aluminum siding put on the building. He is maintaining his building quite well and his business property quite well other than the greenery. This is where I have a problem. The greenery and the landscaping seem to take afar back seat to everything else. I would think that he would find it more advantageous to put up a structure that he does not have to put so much maintenance into. Let's face it, greenery takes maintenance. It's subject to disease and/or damage from weather and/or insects. Like I say, I'm a reasonable man. If he can come up with a reasonable plan to keep and maintain a proper barrier between my residence and his business, I would not have a problem with it. No plan has been submitted to me. The nofice that I received, I received on Friday of last week. Mr. McCann: Well, one ofthe things is that Mr. Gans is required to bring it upto the original site plan that was approved and that any shrubbery that dies, you are obligated to replace. Mr. Garis: We're doing the best we can. We're trying to keep up with that, but this property was not very well maintained before I bought it. Mr. McCann: Okay, but it's still the responsibility of the business owner to maintain it. My problem is that if it were May, I'd say, we're going to adjourn this meefing one month and I expect to see this miraculous change as far as these conditions. But we are now almost approaching December. We're not going to be able to see any change unfit next May. I'll look to the guidance of the other commissioners on how best to deal with this. Mr. LaPine: We haven't got our report from the Inspection Department. Did they go out there? Mr. Taormina: No, we did not gel a report. Mr. LaPine: Why don't we get a report from the Inspection Department so they can tell us what the condition of the fence is and what their recommendation would be. In the meantime, the two parties can get together and maybe talk this over reasonably and then we'll hear it in a month from now or whatever. Mr. McCann: Yes, I think there's certain things that could be done between now and then. Mr. Garis: I'll do whatever I can do. Mr. Alanskas: If this is tabled, I would like to have the petitioner come back before us with a landscape site plan showing exactly what you're going to do, exactly what you're going to do with the fence. Make sure that all fence posts are put in the ground 42 inches with cement. Mr. Garis: That was one of the things... Mr. Alanskas: It sounds like that has not been done. Mr. Garis: We did. The new posts that were installed, we did make sure that they were down in the ground right and cemented property. Mr. Alanskas: Were they cemented in? Mr. Garis: Yes, and we put in some extra posts. We did put some extra material in between to kind of give ilsome more support because it seemed to get knocked or whatever. We were trying to shore it up and make sure it would stay in one spot. But you know itwasn'tmy intention to make it look bad or anything like that. Obviously, we have a good looking piece of properly. Mr. Alanskas: That's my recommendation for tabling it for a site and landscape plan. Mr. Gaits: Can I ask a question? When you say asite plan for landscaping, what does that actually mean? Mr. Alanskas: That means showing exactly what kind of shrubs you're going to buy, the brand, where you're going to put them to spruce up your properly. Mr. McCann: You can go talk to the Planning Department. Mr. Alanskas: The type of trees you are going to put in. Mr. Garis: Landscape architecture? Mr. McCann: Not necessarily. Well, probably. I Mr. Garis: I don't have to have a licensed architect, do I? Mr. Alanskas: No, as long as it's decent and comes back before us so we can approve it. Mr. McCann: Why dont you talk to the staff during the week? They will gel you squared as to what you need and give you examples of what it is. All right? In the meantime, we've got a motion. Is there support? I'm not going to schedule it. Mr. LaPine: I'd still like the Inspection Departmentto go out and take a look at it. Mr. McCann: Absolutely. Ibelieve that it's necessary that the Inspection Department review it. You're going to have to come back with some type of landscape plan and any modifications to the fence, and hopefully by the time we get back here, we'll all be on the same page. Mr. Alanskas: That would be much less than an entire brick wall. Mr. Garis: I'm not trying to be difficult. Obviously you guys have all the trump cards anyway, but I do want to say that I'm trying. Mr. Piercecchr And deal with your neighbor. Mr. Garis: I thought we were on good terms. Mr. Miller: Make the neighbor aware thatthe wall might only be five feet in height. Mr. McCann: The requirement is only for a five foot wall so you'd have a much better view of the wall of his building than you will with the existing fence. Mr. Kubera: It's a very nice looking building. His greenery is another subject. Mr. McCann: With the landscape plan, we are going to need a table of events as to when each thing will be done based on weather conditions. Thank you. On a motion by Mr. Alanskas, seconded by Mrs. Dolan, and unanimously approved, it was #11-181-2001 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2001 -10 -09 -GB -07 submitted by George Garis, requesting approval to substitute a I greenbelt for the protective wall as outlined in Section 18.45 of the Zoning Ordinance for property located at 9555-9559 Middlebell Road in the Northeast%of Section 35, be tabled. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. This conduces the Miscellaneous Site Plan section of our agenda. We will now proceed with the Pending Item section of our agenda. These items have been discussed at length in prior meetings; therefore, there will only be limited discussion tonight. Audience participation will require unanimous consent from the Commission. Will the Secretary please read the next item? ITEM#5 PETITION 2001-08-01-09 William Roskelly (Rosedale) Mr. Piemecohi, Secretary, announced the next item on the agenda is Petition 2001- 08-01-09 by William Roskelly requesting to rezone property known as Rosedale Gardens Lots 1137 to 1146 and Lots 1167 to 1176 located on the west side of Cranston Avenue between Orangelawn Avenue and West Chicago Road in the Northeast%of Section 34 from PL (Public Land) to R -1A (Single Family Residential, 60'x 120' minimum). On a motion by Mr. Shane, seconded by Mr. LaPine, and unanimously approved, it was #11-182-2001 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 2, 2001, on Petition 2001- 08-01-09, submitted by William Roskelly, requesting to rezone property known as Rosedale Gardens Lots 1137 to 1146 and Lots 1167 to 1176 located on the west side of Cranston Avenue between Orangelawn Avenue and West Chicago Road in the Northeast%of Section 34 from PL to R-1, the Planning Commission does hereby recommend that Petition 2001-08-01-09 be removed from the table. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann: Is the petitioner here this evening? Mr. Roskelly, are there any changes to your petition since the last meeting? William Roskelly, 33177 Schoolcratt, Livonia, Michigan. My petition as I submitted it was to return the zoning from Park Lands to R-1 which the entire surrounding area in the entire square mile consists of R-1 zoning with the exception of commercials on the mile roads. I think there is in excess of 2,000 lots in this area that are either 40' or 50' wide and I have purchased twenty 40' lots and wish to increase them to make them a minimum size of 60'. Mr. McCann: The question to you, since we've already gone through a public hearing on this and explored it fairly thoroughly, is there any change in your petition before us? You have not modified it? Mr. Roskelly: No, Mr. Chairman. I'm soliciting for R-1. Anything else would be spolzoning. Thankyou. Mr. McCann: Mr. Taormina, is there any new information that you need to make us aware of? Mr. Taormina: We did receive one item of correspondence from the Law Department. Rather than read that entire letter, I have submitted copies to each of the Planning Commissioners. Mr. McCann: Yes, each of the Planning Commissioners did receive a copy of the Legal Opinion from the City Attorney regarding the current zoning. Audience member: Can we hearwhatthal is? Mr. McCann: It's a four page opinion from the City Attorney. It will be available at the City Clerk's Office tomorrow for anybody who wishes to see it. You'll have to contact, I believe, the City Clerk or the City Attorneys Office in order to get a copy. Audiencemember: Can'tyoulellus... Mr. McCann: I'm not going to open it up to the audience unless we have unanimous consent from the Planning Commission. Is there unanimous consent? Mr. Alanskas: No. Mr. McCann: There is not unanimous consent. Therefore, we cannot open it up to the audience. However, again, for the gentlemen in the back who is unidentified .... I'm sorry, the opinion was just provided to us late this evening and it will be available. Contact the City tomorrow regarding it. A motion is in order. Are there any questions from the Commissioners to the staff? I On a motion by Mr. Pieroecchi, seconded by Mr. Shane, it was #11-183-2001 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 2, 2001, on Petition 2001- 08-01-09, submitted by William Roskelly, requesting to rezone property known as Lots 1137 to 1146 and Lots 1167 to 1176, and the East Ybf vacated Hubbard Road adjacent to Lots 1167 and 1168 and the South 29.66 feet of Lot 1169, Rosedale Gardens No. 4 Subdivision, located on the west side of Cranston Avenue between Orangelawn Avenue and West Chicago Road in the Northeast%of Section 34 from PL to R-1, the Planning Commission does hereby recommend to the City Council that Petition 2001-08-01-09, as amended, be approved so as to rezone this property to R-2, for the following reasons: 1. Thatthe proposed rezoning to R-2 would allow for development of homes thatwould be more in keeping with standards of new construction throughout the area; 2. Thatthe proposed change of zoning is compatible to and in hannonywith the surrounding zoning and land uses in the area; 3. That the proposed change of zoning will provide for development ofthe subject property for single family residential purposes in a compatible manner with other developed properties in the area; 4. That the proposed change of zoning is consistent with the established character of the area; and 5. That the proposed change of zoning reflects the fact that the subject properly has been sold by the Livonia Public Schools and is no longer in public ownership; FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr.Shane: Apoint of order. Mr. McCann: Yes, Mr. Shane. Mr. Shane: We need to designate R-2 or R3? We need to make a recommendation. Mr. Alanskas: We can't do both. Mr. McCann: Which do you prefer? Mr. Piercecchr Well, R-2 would be easier to comply with, so make it R-2 Mr. McCann: Is there any discussion? Mr. Piercecchr I have some comments, Mr. Chairman. I'm quite sure each of us would preferlo have the open public land remain on the former site previously owned by the Livonia school system. However, ownership has changed and the site pnvatized. Therefore, it now rests with the current owner whether any portion of this land will ever revert back to public land via a gift or sale in the future. Our assignment this evening is preparing an approving or denying resolution expressing ourjudgment on the rezoning petition before us which will be sent to the City Council. One can easily rationalize that since this site is surrounded by residential property, rezoning the land as plotted and recorded in 1926 back to residential status makes sense. Commercial, office, manufacturing, industrial, etc., would definitely be out of character with the area. The question is then reduced to which among the residential classifications best serves the neighbors and the City. Among these, single family dwellings gets the highest marks. The question then becomes whether it's R-1, R-2 or R-3 with lot frontages of 60', 70' or 80', respectively. Mr. Chairman, I'm of the opinion that this property will ultimately be rezoned residential if not by the City, then by the courts. I can see no grounds for denying this petition in total. Perhaps we can modify it from R-1 to something else, but I think that's our limitation. In closing, I'm very confident that, as in the past, and we've done this many times during the Site Plan approval process, agreeable solutions and concerns such as compatibility, aesthetics and size can be resolved. Mr. La Pine: This whole process of this land is really troubling tome. Thefrsl thing that bothers me is the way the land was sold. In normal conditions, at least with the way the City does business, I dont know how the School Board does business, this land would have been put out for bids. I don't know if the School Board got a good deal on this property or not. Who knows? Nobody bid on the land except one individual. Secondly, we hear a lot of rezonings asking for property to be rezoned. But most cases, when people come in for a rezoning, they lake it on a contingency basis. If I getthe rezoning, I buy the property. Mr. Roskelly has been around the City a long time. He knows how this situation works. He bought the property with his eyes open. I guess he figured he was going to get his rezoning so he had nothing to worry about. But in most cases, people don't buy property if there's a possibility lheyre not going to get the rezoning at the classification they want. Now saying all that, and I have a job to do up here and sometimes you got to make decisions based on what you really believe is in the best interests for tr•�rr� the area and the City, when you look at the area surrounding the school and it's mostly all residential, it just seems tome that the only right way to go is for a residential rezoning. Let's say for example that we had denied it, the Council denied it and it went to court. Then it's out of our hands, out of your hands, out of everybody's hands. The court is going to make the decision how the land is going to be developed. Maybe at some point, they would say, no we don't have to rezone it, Mr. Roskelly tries to sell it back to the School Board, the School Board takes it back. The School Board can go in there and build anything they want on that property. They don't have to gel any rezonings. They dont have to gel any building inspections or anything else. Its out of the Citys hands. So I think that the best solution to this property at this time is a rezoning to residential. I'd prefer to have an R-3 but I'll go along with the R-2 because I think in the long run that's what has to go in there. I think it's best for the community and therefore I'm going to support the motion. Mr. Alanskas: I agree with Mr. LaPine except for the fact that you said the City didn't put out a bid. The City has nothing to do with it. Mr. LaPine: I didn't say the City. I said the City normally puts it out for bids. Mr. Alanskas: Yes, the Board of Educafion sold the property. Mr. LaPine: The Board of Educafion put it out without any bids. I don't know if we got a good deal. Who knows? Mr. Alanskas: Thankyou. Mr. McCann: I do have some comments. To be honest with you, I spent a lot of time taking notes. I'll try to summarize instead of reading everything to the audience. I know it's a very difficult issue for the residents over there. It was a very troubling meeting for the residents and a very troubling meeting for myself. I'll tell you right now, I've had the privilege of silting on this Board for 14 years. In those 14 years, I've never reviewed a tape of this meeting. I've never watched myself on the Planning Commission. Because people were so upset that night, the first thing I did was call City Channel 8 and request that they prepare a copy of the tape for myself so that I could review it. I just wanted to see how I came across. I think one of my biggest problems with that evening was ... I'm trying to phrase this in the most honest way and fair way I can... was that Mr. McGee, who is a leader of this organization; he is a former Council member and an attorney; and he is well aware of the Constitufion. He's well aware of the City Charter and he's well aware of the City ordinances. He did not prepare the audience to what the real fads are. In this situation, I the land was privately held and given to the School Board. As Mr. Roskelly said, it was land that if the School Board didn't need it, it reverted back to the R-1 use. Well that, as Mr. Roskelly admitted, had no binding effect. The School Board, according to Mr. Watson, used the property up until about two years ago. They demolished the building. They had been renting it to Wayne County. Sincethaltime, they were maintaining the property until they decided what to do with it. The School Board sold the property to private individuals, Mr. and Mrs. Roskelly, who decided that once it became their property, wanted to use it for private use, for residential use. The land had PL zoning. Public Land can be any type of public body. It can be the federal government, the United Stales; it can be Wayne County; it can be the Slate of Michigan; it can be Livonia Public Schools or the City of Livonia. In this case, it was owned by Livonia Public Schools. The City of Livonia had no authority over it. This Planning Commission and City Council has absolutely no say over the Livonia Public Schools. That is a separate body like the Slate of Michigan and like the United Slates government. The City of Livonia cannot tell the United Stales what to do with the property it holds. The Livonia Public Schools are, I believe, the second largest property holder in the City of Livonia. Approximately 20% of the children that go to Livonia Public Schools are Westland children and Westland taxpayers pay that portion of the Livonia Public Schools, which means that the Westland residents are also paying taxes for the buildings and are partial owners of that property. Now being the largest property holder or second largest property holder, whichever they are, they have certain properties on the rolls that they never intend to use again. And it costs them to maintain it so they decided to sell it. That again is a Livonia Public Schools decision. Nothing to do with the City and we have no authority over it. So what we now had was a situation where we have privately held property by a private citizen within the City of Livonia. It was zoned PL. Now one of the questions earlier was about the legal opinion that we received from Mr. Kavanagh, the City Attorney. It stales some of the things that I attempted to talk about the evening of October 2 including what a PL zoning district is and what are appropriate uses. Il can be used for a multiple of things. And it does list the permitted uses in a PL zoned land. There are no private uses under PL zoning permitted in this section. So the only uses in PL zoning are public land use zonings. It doesn't mean a private individual cant own public land but it's for the purpose of leasing it to the city or to the county or to the state government for municipal or civic purposes. Rather than read them over again like I did last time, unless the worst case scenario is to keep the Public Land and petition the court to build a halfway house or a detention home for youth offenders. Those are the type of uses he can lease the building to. But if he doesn't intend I to use it for that, if he wishes to use his privately zoned property, then the Planning Commission has to look at what private individual use can do it. Mr. Kavanagh's letter concludes that "This does not mean that a private owner of PL zoned land should automatically be granted his or her particular requested zoning classification; instead, the zoning classification should be changed to a reasonable non- public classifcationthat can be used by private person or corporation, after the appropriate public hearings are held" This condusion goes to on to cite that it would be a taking by the City of Livonia to force him to maintain a PL zoning. Its far too restrictive in the permitted uses in private ownership. Ilwould forcehim to have some type of public building on it. I particularly look a statement that evening, partly because of my legal background and training... I think we're all familiar with the Constitution. We read it in high school, and one of the quotes was, and I look at it because I keep a copy of the Constitution in my desk, that "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any state deprive any person of life, liberty or property without due process of law or deny to any person within its jurisdiction under equal protection under the laws" We have this private ownership and there is case law that goes throughout our history saying that people have the right to use the private ownership in a reasonable method. What happened in this situation had nothing to do with the City of Livonia and how it got to become private land. It was a fact that was brought before us. What we were there to try and do is to determine what private ownership would best meet the needs of the City and the residents around us. Unfortunately, I don't think the message was made dear to the audience before that evening that those were the boundaries within which we had to work. I sincerely apologize if I offended anybody, but as Planning Commissioners, we're swom to uphold the stale laws, the Constitution of the State of Michigan, the Constitution of the United Stales, and the Charter and ordinances of the City. Therefore, we have to follow what our understanding of the law is and what the City Attorney has dedared is the opinion of the City of Livonia. I would ask now that the ... Audience Member: Can we make a statement? Mr. McCann: I'm sorry. As it was closed, we cannot open it up to the public. Mr. Shane has the floor. Mr. Shane: I just wanted to state that since it's clear that rezoning this property to a private use is the thing to do, the question became, what size lots or what kind of zoning should be picked. I believe that Mr. Pieroecchi picked R-2 because, while the R-1 zoning is compatible with the I zoning of the surrounding area, the R-2 lot size is more compatible with the existing lot sizes which are immediately adjacent. And I concurred with that, so that's why the R-2 came about. Thank you. A roll call vole on the foregoing resolution resulted in the following: AYES: LaPine, Shane, Piercecchi, Alanskas, McCann NAYS: Dolan ABSENT: None Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Ilwill go onto City Council with an approving resolution recommending R-2 zoning. All persons in the audience will have the opportunity to speak before the City Council and they will have the final opportunity to vote on this. Audience member: I can't believe we listened to all that and ... Mr. McCann: Sir, we told you at the end of the last meeting that this was a voting meeting. Secretary, please call the next item. ITEM #6 PETITION 2001-09-0140 AIIie Investment Co. Mr. Pieroecchi, Secretary, announced the next item on the agenda is Petition 2001- 09-01-10 by AIIie Investment Company requesting to rezone property located on the east side of Fremont Avenue between Norfolk Avenue and Bretton Road in the Northeast%of Section 2 from RUF-A to R-1. On a motion by Mr. Alanskas, seconded by Mr. LaPine, and unanimously approved, 8 was #11-184-2001 RESOLVED, that pursuant to a Public Heanrig having been held by the City Planning Commission on October 30, 2001, on Petition 2001-09-01-10, submitted by AIIie Investment Company, requesting to rezone properly located on the east side of Fremont Avenue between Norfolk Avenue and Bretton Road in the Northeast%of Section 2 from RUF-A to R-1, the Planning Commission does hereby recommend that Petition 2001-09-01-10 be removed from the table. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. John AIIie, 45955 Pickford, Northville Township, Michigan 48167. Was this removed from the table? 18991 Mr. McCann: Yes, it was. We're glad to hear from you. Mr. Allie: Thank you. Since I appeared before the Planning Commission the last time, we appeared before the Water and Sewer Board and they approved, although it does have to go to Council, putting the sewer in providing this body and the ... I'm Ioolang to rezone the property basically, but there was no sense in rezoning it if I couldn't get the sewer in, and that's why I'm bringing that up. Mr. McCann: So what was the outcome of the Water & Sewer Board meeting? Mr. AIIie: They approved it. Mr. McCann: They approved it? Mr. AIIie: Yes. Mr. McCann: Okay, so you would like the property rezoned. I think that's what we were wailing to find out, whether or not there would be sewer. Mr. Piercecchi: Mr. AIIie, you're talking about the Water and Sewer Board approval or City Council? Mr. AIIie: The Water and Sewer Board approved it. I'm to appear before the City Council next Monday. Mr. Piercecchi: Okay, solhe City Council still has the final judgment on this because it's going to cost quite a bit of money to put it in, and then there's a tap -in that the owners will have to accept. Mr. AIIie: P�actly. Mr. Piercecchi: Okay. Butthat's nextweek. Mr. AIIie: Right. Mr. McCann: Are there any more questions? Is there anybody in the audience that wishes to speak for or against this petition? A motion is in order. On a motion by Mrs. Dolan, seconded by Mr. LaPine, and unanimously approved, 8 was #11-185-2001 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 30, 2001, on Petition 2001-09-01-10, submitted by AIIie Investment Company, requesting 18992 to rezone property located on the east side of Fremont Avenue between Norfolk Avenue and Bretton Road in the Northeast%of Section 2 from RUF-A to R-1, the Planning Commission does hereby recommend to the City Council that Petition 2001-09-01-10, as amended, be approved so as to rezone this property to R-2, for the following reasons: 1. Thatthe proposed rezoning to R-2 would allow fordevelopment of a home on a lolthal would be more in keeping with standards of new construction throughout the area; 2. Thalthe proposed change of zoning is compatible to and in hannonywith the surrounding zoning districts and uses in the area; 3. Thalthe proposed change of zoning will provide for lot sizes which are consistentwith other existing lolsizes in the general area; 4. That the proposed change of zoning is consistent with the established character of the area; and 5. That the proposed change of zoning will provide for development that will be consistent and in accordance with the Future Land Use Plan recommendation of law density residential land use for this area; FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #7 PETITION 2001-09-0247 Enterprise Rent-A-Car Mr. Piercecohi, Secretary, announced the next item on the agenda is Petition 2001- 09-02-17 by Enterprise Rent-A-Car requesting waiver use approval to operate a rental car business at the intersection of Ann Arbor Road and Ann Arbor Trail between Newburgh and Richland Avenue in the Northeast%of Section 31. 18993 On a motion by Mr. Pieroecchi, seconded by Mr. La Pine, and unanimously approved, it was #11-186-2001 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 30, 2001, on Petition 2001-09-02-17 submitted by Enterprise Rent-A-Car requesting waiver use approval to operate a rental car business at the intersection of Ann Arbor Road and Ann Arbor Trail between Newburgh and Richland Avenue in the Northeast%of Section 31, the Planning Commission does hereby recommend that Petition 2001-09-02-17 be removed from the table. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Jim Olexa, 29301 Grand River, Farmington Hills, Michigan. I workfor Enterprise Rent-A-Car. We've made substantial changes since the last meeting a month ago, and you have all of those changes in front of you. I'm here to answer any questions you may have. Mr. Alanskas: Sir, on your Site Plan, parking spaces number one to number seven, for your customer parking, you dont designate a size for the parking spaces. What are they? Mr. Olexa: Whatever would be required by the City. I don't know offhand. Mr. Alanskas: Well, 10' x20', but you've got one more that says handicap. You have only a 20'x 8', only eight feet wide. And my question is why would you have a handicap space where they have to gel outwith a walker or wheelchair or cane they don't have a 8' ... Mr. Olexa: That should be a van accessible space that's on there. There should be ample space. Mr. Alanskas: Okay. The door to get into the offices on the north part of the building. The small one. Mr. Olexa: Yes, if you're facing the building it would be on the far right side. The existing doorway I believe as it is now, right of the center of the building. Mr. Alanskas: So how far would a handicap person have to walk to get into the office space? Mr. Olexa: Maybe 15'. 18994 Mr. McCann: Any other questions? I have a couple. This area outside this, is that going to be grass? Do you see where I'm talking about? Mr. Olexa: Yes, that's going to be grass filler. Mr. McCann: Your original plans had nine spaces total. Is that correct? Mr. Olexa: The original plans had 13 total. We removed four that were in the setback area of the original plan. Mr. McCann: I'm looking atwhat we're adding right now is a greenbelt area here, here and here. The major amount of traffic is along here and I think it would improve it if we could bring this space in here and add it. You've got I believe I counted nine spaces along the back. You still should have plenty of parking. My concern was just driving back and forth. I think the biggest improvement that I could see making would be right in there, in spot number one. Other than that, I think you've got a good thing going. You'd be willing to agree to that? Mr. Olexa: Yes. Mr. LaPine: Are you talking about space number one? Mr. McCann: Yes. Mr. LaPine: Okay. Mr. McCann: Are there any more questions? Is there anybody in the audience that wishes to speak for or against this petition? A motion is in order. On a motion by Mr. Alanskas, seconded by Mr. Piercecchi, and unanimously approved, it was #11-187-2001 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 30, 2001, on Petition 2001-09-02-17 submitted by Enterprise Rent-A-Car requesting waiver use approval to operate a rental car business at the intersection of Ann Arbor Road and Ann Arbor Trail between Newburgh and Richland Avenue in the Northeast%of Section 31, the Planning Commission does hereby recommend to the City Council that Petition 2001-09-02-17 be approved subject to the following conditions: 1. That the maximum number of rental vehicles to be parked on the site at any one time shall be limited to nine (9) and all rental I vehicles shall be stored in the parking area directly behind, or west of, the subject building; 2. That rental vehicles available at this facility shall not induce cargo vans, 15 passenger vans, box trucks or other vehicles of similar or larger size; 3. That the parking spaces in front of the subject building shall be used for customer parking only and not large vehides; 4. That the Site Plan/Landscape Plan marked Sheet 1 prepared by Gazall, Lewis & Associates Architects, Inc., with a revision date of November 12, 2001, is hereby approved and shall be adhered to; 5. That the Exterior Building Elevations Plan marked Sheet 2 prepared by Gazall, Lewis & Associates Architects, Inc., with a revision date of November 12, 2001, is hereby approved and shall be adhered to; 6. That all bride used on the subject building shall be full -face four (4") inch brick, no exception; 7. That all planted materials shown on the above -referenced Site Plan/Landscape Plan shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 8. That underground sprinklers are to be provided for all landscaped and sodded areas; 9. That the issues outlined in the correspondence dated October 10, 2001 from the Inspection Department pertaining to maintenance of landscaping, resealing and double striping of parking areas and the need for additional parking blocks shall be rectified to that department's satisfaction; 10. That this approval is subject to the petitioner being granted variances by the Zoning Board of Appeals for deficient setback of parking spaces from street rights-of-way and for deficient site area; 11. That wall signage shall consist of one sign on the front elevation not to exceed fifty (50) square feet in area; Iir 12. That this approval shall incorporate the following comments listed in the correspondence dated September 28, 2001 from the Traffic Bureau: - That one (1) properly signed handicapped parking space shall be provided; - That stop signs shall be posted at the exits; 13. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 14. That space number one is to be eliminated and replaced with landscaping similar in nature to the adjacent island; for the following reasons: 1. That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 2. That the proposed use is compatible to and in harmony with the surrounding uses in the area; 3. That the proposed use will provide a service not currently found in this area of the City; and 4. That the proposal will provide a use for a property with severe site limitations due to its odd shape and small size; 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. McCann: Space number one will be ... Mr. Alanskas: Space number one will be rectified to the Planning Department's satisfaction. Mr. Taormina: Space number one is to be eliminated and replaced with landscaping similar in nature to the adjacent island. Mr.McCann: That'sfne. Is there any discussion? 18997 Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go onto City Council with an approving resolution. I just want to make one comment. When that came before me,I thought, there is no way we're going to be able to work this one out, but thank you for your diligence. You came up with a great compromise which will work. ITEM #8 Motion to hold a Public Hearing City Planning Commission (Master Plan) Mr. McCann, Chairman, announced the next item on the agenda is a motion to hold a public hearing pursuant to Council Resolution #634-01 and Section 23.01(a) of Ordinance #543, as amended, to amend Part I of the Master Plan of the City of Livonia, the Future Land Use Plan, so as to incorporate changes in transportation system road definitions as recommended by the Department of Public Works and City Engineer. On a motion by Mr. LaPine, seconded by Mr. Shane, and unanimously approved, it was #11-188-2001 RESOLVED, that the City Planning Commission, pursuant to Coundl Resolution #634-01, and pursuant to Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held to determine whether or not to amend Part I of the Master Plan of the City of Livonia, the Future Land Use Plan, so as to incorporate changes in transportation system road definitions as recommended by the Department of Public Works and City Engineer. FURTHER RESOLVED, that notice of such hearing shall be given in accordance with the provisions of Section 23.05 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, and that thereafter there shall be a report and recommendation submitted to the City Council. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. ff:A1 it ITEM#9 APPROVAL OF MINUTES 833rd Regular Meeting Mr. Piercecchi, Secretary, announced the next item on the agenda is Approval of the Minutes of the 833rd Regular Meeting held on October 16, 2001. On a motion by Mr. LaPine, seconded by Mrs. Dolan, and unanimously approved, it was #11-189-2001 RESOLVED, that the Minutes of the 833`° Regular Meeting held by the Planning Commission on October 16, 2001, are hereby approved. A roll call vote was taken with the following result: AYES: Shane, Alanskas, LaPine, Dolan, Piercecchi and McCann NAYS: None ABSENT: None ABSTAIN: None Mr. McCann, Chairman, declared the mo8on is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 835th Regular Meeting held on November 20, 2001, was adjourned at 9:13 p.m. ATTEST: James C. McCann, Chairman mgr CITY PLANNING COMMISSION Dan Piercecchi, Secretary