Loading...
HomeMy WebLinkAboutPLANNING MINUTES 2004-10-1221728 MINUTES OF THE 893`d PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, October 12, 2004, the City Planning Commission of the City of Livonia held its 893 Id Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. John Walsh, Chairman, called the meeting to order at 7:30 p.m. Members present: Robert Alanskas William LaPine R. Lee Morrow Dan Pieroecchi H. G. Shane Carol Smiley John Walsh Members absent: None Messrs. Mark Taormina, Planning Director; At Nowak, Planner IV; Ms. Debra Waller, Clerk -Typist II; and Ms. Marge Roney, Program Supervisor, were also present. Chairman Walsh 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 tum, 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 requestfor 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 has len 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 dale of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2004-09-01-10 SIMON & STEIN Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2004-09- 01-10, submitted by Jacalyn Newman Simon and Henry Stein, requesting to rezone property at 15552 Newburgh, located on the east side of Newburgh Road between Five Mile Road and Ladywood Road in the Southwest''/. of Section 17 from R -2A to OS. 21729 Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Taormina: There is one item of correspondence from the Engineering Division, dated September 14, 2004, 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. The last part of the legal description for this petition should read Th E 240 ft, Th S 100 it, Th W 240 it to POB. Additional right -0f --way is not required at this time. Any proposed drive approach to Newburgh Road will require a permit frem the City and storm water detention may be required in accordance with Wayne County's storm water management ordinance." The letter is signed by Robert J. Schron, P.E., City Engineer. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the Staff before we go to the petitioner? Seeing none, I'm going to ask if the petitioner could please come forward to the podium. This evening we will be asking the petitioner to come to the podium after the Staff has made its presentation and then we will allow for an opportunity for the public to speak. As you come to the podium, please state your name and address for the record. Marc Daneman, Esq., 6440 E. Fulton Street, Suite 202, Ada, Michigan 48301. I'm here representing Jacalyn Simon. Unfortunately, she is unable to be here today. Unfortunately, we had the passing of Mr. Stein last week, and as a result, Jackie could not make tonight's meeting. Jackie's husband is here, and I also have with us tonight Mr. Joseph Durso, who is the reallor who is familiar with this properly and will make some comments as to its availability or usability for residential purposes, and the proposed future owners of the property, Dr. Steven Gluck and wife, Maria. Dr. Gluck is a dentist and, as indicated, he is proposing to develop the property. I'll put these plans out here. I'll talk about these in a moment. Mr. Walsh: If you would come to this side, Mr. Taormina will put up a tripod. We have a portable microphone that you can use. This will give the audience at home an opportunity to see it a little more effectively. 21730 Mr. Daneman: Briefly, I provided to you a fairly detailed report. I hope you had the opportunity to look that over. We tried to address the issues that we raised in the earlier requests as to why we feel it is appropriate now to have this matter reconsidered for the office zoning. There is some history. The applicant has had this properly for about eight years, has attempted to try to use it in a residential purpose. Two years ago, he began talking seriously about developing it on an office basis and approached you at that time to have it rezoned. It was denied at that point. I think part of the reason for the denial was, in addition to our use, there had been activities on the adjacent properties that had upset the neighborhood, and reasonably I think, had raised some questions as to what the future use of the property could be. I'm offering to you tonight an office use, which is not too dissimilar from the prior one, although it will be a smaller building proposed, and we are willing to submit our development proposal to a development agreement, through site plan approval or the rezoning that would lock that in so there would be assurance as to what kind of use would be there ultimately and hopefully alleviate some of those concerns that were raised at the earlier meeting. As Mark had indicated what the surrounding uses are, we feel that this office use really would be a transitional kind of use and provide a buffer for the existing residential. Clearly, you control how that property will develop in terms of whether it's commercial or office or residential, but the realities are, from our standpoint, the property is not usable as residential. We've attempted to do that. Joe will speak to that issue in a little bit. We feel that a limited office use is reasonable and will provide a transition. In your Master Plan in your community, if you look at your Master Plan, and I'm not suggesting that you need to pull it out right now, although I think Mark may have a slide of that. Most of your commercial areas in the city have a buffer between the residential and commercial uses with office. In fad, in all but two intersections, an area north of 96 and west of Merriman, there's only two other commercial intersections that don't have an office buffer in some respects, this being one of them. We feel that this office buffer will provide the buffer necessary between medium density residential and the commercial to the south. We believe that the use is a reasonable use in terms that we will not put excessive demands on the City in terms of additional services. The office use that is being proposed is consistent with that zone. Because of the size of the property, it's going to be a limited use no matter what, whether we put in the 4,200 square fool building, or whether if this were to fall through and something else were to go in, you're not going to have a large building in 21731 that location just because of the size of the property. We're clearly not asking for anything over a single story. This area is also not the classic concern, when you're taking one piece of properly, is it a spot zone. This is not a spot zone. Spot zoning is a situation where you're laking one piece of property that is clearly out of character with the rest of the area and zoning it that way. Yes, this is a single spot, but it's not a spot zone in that regards. It's a transitional use from commercial to residential. The office provides that and that is consistent as is shown on your Master Plan in most of the other commercial intersections. We feel that is consistent. In fad, if you kind of look at this piece in isolation, it is residentially spot zoned between a multiple family use, the condominiums to the north, and the commercial use. The residential use, you can't see it from that drawing, but the residential properties over here all face off the residential streets. They do not face off of Newburgh, except for thee or four homes going north on Newburgh about half a mile to the north. All other homes have access or face on a residential street. Of course, the residences behind us on Liverpool all face off Liverpool, and there is no direct access from our property onto Liverpool. If there were, then it may make sense to continue that as residential, but we don't have that access. So we're looking at the possibility, if we were to keep it zoned residential, at using it for a single family home with access between a 35 fool building and a condominium to the north for a single family use. It didn't make sense. We looked at other residential uses. We looked at multiple family. You weren't excited about that. We weren't particularly excited about that, but we were looking at what our options were. We even went as far to look at adult foster care type facilities or something like that because we could put a single building in and do that, but even those facilities need more space to operate properly. So it doesn't make sense for residential use. We feel that the office space makes the most sense. I guess at this point I'll break. I do want Joe to make some brief comments about the availability of that property as for its use and what it has been used in the past, or at least how it could be used with what the market is because one of the issues that was raised at the prior meetings is that there's no market for office use in the area. We believe there is a market for that, and that the use could be used for residential purposes. So I'm going to let Joe speak, and I'd like to respond to any comments. Mr. Walsh: We'll have Mr. Durso speak and then we'll open the floor to questions from the Commissioners. 21732 Mr. Daneman: Before I do that, one quick question, one quick comment. Again, the site plan, as Mark indicated, will meet all the zoning requirements under the ordinance. It will not need any variances, of course, and we are proposing a single story residentially looking -it will be a brick facade structure. Il will be limited to that, and as I said, we'd be willing to submit this to a development agreement so this is what would be developed, or at lead what would be approved as a site plan. We would do that and then if this fell through or if there's any changes to the site plan, we would come back to you, or the applicant would come back to you at that point if they wanted to make changes and go through the process again. Alternatively, if this were to fall through, we would not object to having it rezoned back to residential. We wouldn't object to that, so it gives you some assurance. We're not trying to do a contract zone, but would give you some assurance to manage it. If the property didn't develop the way it was, it could go back to the way it currently is right now. Mr. Morrow: I have one question. You indicated there would be no variances required with that? Mr. Daneman: I don't believe there would be. Mr. Morrow: Aren't you asking that the prolective wall be waived in lieu of ... Mr. Daneman: I don't think that requires a variance. I think that can be reviewed at site plan process. Mr. Morrow: It requires a waiver. Mr. Daneman: It requires a waiver. I understand that. Mr. Morrow: Of the ordinance. Mr. Daneman: Of the ordinance, but not ... Mr. Morrow: I want to make sure we get that cleared. Mr. Daneman: Sure, I understand that, and I understand that we'll go through a site plan review process later through a formal process with you. Mr. Morrow: I know that comes later, but I just wanted to make sure that we're on the same wavelength. 21733 Mr. Daneman: Yes, I understand that. Mr. Walsh: Mr. Durso, if you could ... your name and address for the record. Joe Durso, 17448 McNamara, Livonia, Michigan. Good evening, ladies and gentlemen. I'm here to discuss the use of this property. Basically, everybody is aware of the background of it, but if you just look at what you have there, there's not too many people that would want to build a single residential home there. The way its Zayed out and the way its silting there, zoned residential, the highest and best use that I can look at it as a broker and many years experience, this is as quiet and as nice of a use of the properly, other than residential because of where its located, that we can find. The highest and best use for it. I think common sense would say that to put a house there on a main street like that stuck in between the two buildings, the condos and the SBC building, would not be really that attractive to a buyer. So that's basically all I want to say. My experience is that this seems to be a very good use, low intensity, not a lot of traffic, closed in the evenings, closed on weekends, not abusive to the neighbors either in the back or the condos. Obviously with SBC they can't see anything anyhow because there's no windows, but that's my feelings as a broker. Mr. Walsh: Thank you, Mr. Durso. Are there any questons from the commissioners? Mr. Morrow: Mr. Durso, have you had any feedback from the neighbors or in any way have you folks contacted any of the neighbors? Mr. Durso: We just talked to a group of the neighbors outside, but prior to this, no, we have not. Mr. Morrow: Its not required. I was just curious. Mr. Durso: We were going to try to have a meetng and the time just caught up to us, and we couldn't make it happen. Mr. Morrow: I understand. Its not required. Thankyou. Mr. LaPine: Mr. Durso, did you handle the transaction when the properly was sold to Hunters Condos? Mr. Durso: No, sir, I did not. That was before my time in getting involved with that. 21734 Mr. LaPine: Maybe I can ask the attorney. When this property was up for sale, it was my understanding that the developer of the condominium project Hunters wanted to buy the whole parcel. Okay? And apparently, Mr. Stein didn't want to sell the whole parcel or else they couldn't come to an agreement on that parcel. Therefore, because he didn't sell the whole parcel, whoever was the real estate broker at that time, I would think should have informed him that leaving this small parcel is going to create a real problem to develop it in the future. Can you tell me why Mr. Stein didn't want to sell that property? Because what he's done, he's created this situation himself. And now its in the hands of the City, and we're trying to do what we think is right both for him and for the residents in the area. If you could just answer that question for me. Mr. Daneman: I really can't address it because I dont know the history of it, and unfortunately, Mr. Stein passed on now so we can't determine what was his motivation at that time. I asked Mr. Simon, who is Jackie's husband, if he knew anything about this because the question came up before, and he didn't know about it. We weren't aware of what the past history is. Mr. Stein had some very peculiar ways of doing some things in the past and may have had reasons for why he did what he did. It may not have made a lot of sense at the time. I think that, in part, is why I got involved in this process a year ago because we thought we could look at it from a little more professional standpoint and try to present it. We're stuck with what the property is and we feel we have the right to make a reasonable use. Even as Joe said, the highest and best use, I dont even know if we need to make the highest and best use. We just want to be able to make a reasonable use of the property, and we feel that the only reasonable use right now is a respectable, limited office space. I'm sorry I can't give you anything direct. I'm sorry we weren't involved back eadier. Maybe we could have counseled and reviewed the situation then, but that was then, and we've got to deal with the cards we have right now. I appreciate the concern that you have. There's nothing I can do about il, though. Mr. LaPine: I appreciate your remarks, and I'm only trying to point out here, the situation was created by him because its my understanding he could have sold that parcel, and it could have been developed at the same time as the rest of them, and we wouldn't be here tonight. After three meetings, we haven't come to a conclusion yet. 21735 Mr. Shane: Will Mrs. Simon and Mr. Stein be using this building in any form, or will they be the landlords? Mr. Durso: We have the potential purchaser here if you'd like to ask him some questions. Steve Gluck, DDS, 4580 Pickering, Bloomfield Township, Michigan. I've been a practicing dentist, starling my 24th year. My practice was started by my father 51 years ago in Dearborn Heights. For the last five years, I have been actively trying to find a location in the Livonia area. The reason for my interest in Livonia is the dental practice that was started by my father 51 years ago. The vast majority of our patients now live in Livonia, Northville, Novi, Plymouth, Canton and come back to the Dearborn Heights office. We've basically outgrown our office space. We have about 1,400 square feet that we work out of right now. Like I said, the majority of my practice is now living in this area. They always joke with me when they come in for their appointments, "Doc, when are you moving out to where we live?" It's been a difficult search. I've work with Joe now for close to five years trying to find an appropriate building. When he brought this location to my attention, I was very, very excited. My purpose for speaking to you is that I want to inform the Planning Commission, as well as the concerned citizens that are here at this meeting, that I am very agreeable to construct and build a building that is going to be something that is going to be very unobtrusive, will blend extremely well with the surrounding area, something that looks very residential. I'm also willing to provide adequate screening with either landscape shrubbery or a privacy wall, whichever the surrounding neighbors feel would best suit their needs. I'm here to answer any questions or concerns that the Council might have or the Planning Commission or the citizens themselves, but I plan on making this the location of my office. I would also, you know, in the space that would be available there, I have a physician that is very interested in coming in and renting the remaining space from me. So that's my plan, and if you have any questions, I would be happy to answer them. Mr. Walsh: Just to make certain that Mr. Shane's question is answered, and I wanted to give you an opportunity to explain your practice, but he's inquiring as to the actual ownership. Dr. Gluck: I would be the owner of the building. I have a purchase agreement in place contingent on this properly being rezoned that I will be the purchaser of the property. We already have an 21736 agreement in place, and I will be the owner of the building as well. Mr. Shane: How much of the building would you be ... Dr. Gluck: I would be occupying approximately 2,400 square feel. Mr. Shane: Thank you. Dr. Gluck: I'm sorry. I don't mean to interrupt, but I would be even agreeable to building a single building of 2,400 to 2,600 square feel and being the sole occupant and not even having any other space available to lease. That would also be agreeable to me. I'm really looking primarily to have a space to move my dental practice. Mr. Alanskas: You said you and your father have been in business for 51 years. What is the size of your customer base? Dr. Gluck: To be quite honest, I can't give you an exact number. Mr. Alanskas: Just roughly. Dr. Gluck: We have roughly about 3,000 patients. Mr. Alanskas: And you lake care of 3,000 patients yourself? Dr. Gluck: Yes, Ido. Ms. Smiley: You must do a good job. Mr. Alanskas: Okay. Thankyou. Mr. La Pine: I just want you to understand. I don't think we have any problem with you being there. If we have to have something there, I think an OS building with a doctor or dentist is fine. I have no problem with the building. It's a lot smaller than what we had before, but my question is two -fold. How many doctors will be there? One doctor? Dr. Gluck: Currently, I am in practice by myself. Mr. LaPine: I understand that, but you're saying you would like to lease out part of the building to another physician. Dr. Gluck: I would like to have a physician in there, yes. 21737 Mr. LaPine: Would that be a single physician? Dr. Gluck: Based on the size of the space that would be available, yes it would be a single physician. Mr. LaPine: Then you alone plus your hygienist? Dr. Gluck: That's correct. Mr. LaPine: The second question is, will this be a Monday through Friday operation or would it be open on Saturdays? Dr. Gluck: Currently, right now, I practice Monday through Friday. There are two Saturdays a month that we see patients from 9:00 a.m. to approximately 1:00 p.m. Mr. LaPine: Okay. Do you have your patients come on an appointment basis so we don't have a lot of cars coming and going all during the day? Dr. Gluck: That is correct. Our first appointment is 9:00 in the morning. Our Iasi appointment generally is 4:30 or 5:00 in the evening, and on appointment, exactly. So at any given time in my current practice, there are two days during the week when we have two hygienists working and I'm working, so approximately four or five patients maximum would be in my practice at one time, so its a limited traffic flow. Mr. Piercecchi: Mr. Chairman, this kind of leads to the question here that's on this long lengthy report on page 5 where the petitioner is offering a development agreement, not as a contractual arrangement for the use, but rather as a control mechanism. I don't know how that's to be designed here so the current or appropriate zoning is maintained. We cannot condition zoning, so how would something like this ft in there that we could be assured? Now, some office arrangements are better than others. We know that, and a dental office and a doctor's office probably is about as good as we can ever get there as far as traffic is concerned, rather than Tel's say an insurance office or something of that nature or a tall building. How can we be assured, without conditioning zoning, that this is a package that is going to be suitable? Mark, have you looked into this? Mr. Taormina: What the City will normally do, when confronted with a circumstance similar to what you've described, is act on the 21738 rezoning petition only so far. Then, prior to actually rezoning the parcel, by holding the second reading, which would actually make the rezoning effective, hold that until a site plan is reviewed and has a chance to catch up all the way through the Planning Commission and to the Council. Then the Council acts on both the rezoning petition and the site plan together in one evening. That way they pretty much are assured that the plan that is being approved is consistent with whatever discussions had taken place through the rezoning process. So that's one mechanism by which the City has a certain level of control over this issue. Ironically, there is a bill pending in the legislature that would allow for, in effect, conditional zoning. Its House Bill 6164, and it just passed the House on September 29 and has been referred to the Senate Committee on Urban and State Affairs. So that's something that we're awaiting. In fact, if there is enabling legislation that would give the City and developers an opportunity to, in essence, contractually zone, then I'm sure the City might look at that as an opportunity to substitute what our current practice is. Mr. Piercecchi: Looking down the road a little bit, once we rezone a piece of property, its rezoned. Correct? And there are, like I said, some office facilities are more compatible than others. How can we be assured that the people living around that aren't going to be encumbered? Let's say they knock the building down. It's OS, and reconstruct another building making all the setbacks and all that, going up to two stories maybe, instead of one. How can we be assured that we won't have an apple toss like that on our hands somewhere down the road? How can we be assured? Is that where this contractual agreement fits in or does it not? Mr. Daneman: Mark, if I could help you out on that a little bit? Mr. Walsh: Actually, I'll address it. Mr. Taormina has explained that the best. And Mr. Piercecchi, as you know, what we've done in the past is to tie the approval for the zoning to the approval of the site plan. That is the best that we can do until the legislation that Mr. Taormina has addressed passes. Unlit then, we're not able to condition the zoning. Mr. Piercecchi: And then if there is a change, our thrust would then be on the site plan that comes as secondary? Mr. Walsh: Correct. Mr. Piercecchi: Thank you very much 21739 Mr. Morrow: Just on this same vein, not to belabor the point but the worst case scenario, where I have no reason to doubllhe good dentist that they would go through with it, but should circumstances change and that not go through, do not we have the opportunity to, under our own motion, rezone that property back to the former zoning? Mr. Walsh: That is correct. Mr. Morrow: Thank you. Mr. Walsh: If there are no other questions for the petitioner at this point, I'm going to go to the audience. All petitioners will have the opportunity for the last word. With that, please state your name and address for us. George Boller, 36270 Hammer Lane, Livonia, Michigan. With respect, I'm sure that this body knows there's a lot of vacant space in Livonia. Do we really need to construct another building to house a dentist office when I think there is vacant space in the vicinity of St. Mary's Hospital, medical, dental, etc. Apart from that, this Commission at the beginning of the meeting said it would make recommendations to Council. Am I correct on that? Mr. Walsh: That's correct. Mr. Boller: Yes. I have a recommendation that I would like to have passed on to Council. I don't know to what extent the Planning Commission watches its own video. Mr. Walsh: Sir, all comments tonight need to be restricted to the items on the agenda. Mr. Boller: The agenda was broadcast on Channel 8, and I watched it, and I came over here because I was watching it on Channel 8. The header ran, Livonia Planning Commission meeting. Thereafter, there was a screen talking about the elected officials, and it listed certain officials who were not elected, but rather appointed by the Council of Livonia. Mr. Walsh: Sir. Sir. Mr. Boller, I object. Mr. Boller: You may object all you want, Mr. Chairman, Mr. Walsh: I do object, Mr. Boller. 21740 Mr. Boller: As you know .... Mr. Walsh: This is not the forum for this. Mr. Boller: I have filed a lawsuit. Mr. Walsh: You are out of order. Mr. Boller: I have filed a lawsuit against the City Council of Livonia. Mr. Walsh: This is not the forum. Mr. Boller: I'm not here ... Mr. Walsh: Mr. Nowak, would you please ask the police officer to join us and remove Mr. Boller? Mr. Boller: I'll remove myself voluntarily. You don't have to ask anybody. Mr. Walsh: You must remove yourself immediately. You are out of order, sir. Mr. Boller: I object. I object to the fad that in the presentation on Channel 8, there was . . Mr. Walsh: Mr. Boller, this is not the meeting ... Mr. Boller: There was this lead saying elected officials, certain officials listed on there were not elected. I'm done. I'm out of here voluntarily. Mr. Walsh: Mr. Morrow. Mr. Morrow: We're on Petition 2004-09-01-10. This is not germane to this petition, and ... where did he go? Mr. Walsh: We will return our attention to the appropriate agenda item. Denise Woods Diabiase, 15619 Liverpool. I've been here many times, and I have to thank you. This is the first lime, I don't know how to say your name, but you and you ... excellent. You know the history to this problem. I appreciate that. Our neighborhood is very educated. We have come to these meetings. We have even gone to the sub -meetings, and one of the things that's come from that is we're educated. We know, because of that zeal wonderful Ameritech building, what happens when you're not educated. Because we're educated, we're going to be here. We're a very organized neighborhood. We have repeatedly asked you to honor that we are residents. We want a house in there. The market isn't right, but the gentleman, as you said, created this albatross. There's been three attempts. Three attempts. We have come out in force and you have listened to us. We want it to be residential. This OS certification. Fifteen feet from our backyards. Well, I used to have that field in my backyard and now I've got the Hunter Homes condominiums. They're beautiful but they are 10 feel from my backyard and I'm claustrophobic. Its really light. They're beautiful. They're there, but if I knew 10 feel was going to be like stepping on my toes, I probably would have given you a harder time. The other thing when I was looking at the gentleman's drawings, the parking is facing the backyards. I don't know about you, but I don't like ... my backyard is my private place. I don't want someone's headlights in my backyard. I don't want a garbage tmckrighl. Right now, with our little shopping center that's there on the corner, that street sweeper comes at 11:00 at night. It makes noise. We're concerned. work in an office. Where are they going to put the medical waste? Who is going to police the medical waste there? I dont see on that site drawn where the garbage thing is. If you have garbage, you've got a truck. It comes in, ding, ding, ding. It picks it up and it dumps it. That's noise. That's not neighborhood noise. That's business noise. Transitional use .... I have no idea what that is in the Master Plan. In the Master Plan, this is a city offamilies. Families have homes, and I have all these little scribbles to myself. The Amerilect building is a horror story. I mean there's nothing we can do to undo that. Don't allow that to happen again. I know you've asked the right questions, but I haven't heard an affirmative yes that the building can never be taller than one story, and until you can all look me in the eye and say, 'that building will never be above one story,' then I ask you to deny this request. Thank you. Mr. LaPine: Ma'am, you said you live on Liverpool? Ms. Diabiase: Liverpool. 15619. Mr. LaPine: I don't see it on here. Mr. Walsh: Where are you in relation to the property? Ms. Diabiase: I'm aboutthree houses up. 21742 Mr. LaPine: I'd just like to inform you, in the back of the building, nothing is going to be in front of the lot, okay? From the back of the building to where the parking lot ends, you'll have 78 feel, then you've got 12 feel of greenbelt going in there. So you've got almost 90 feel from the back of the building to where your house is. So I doubt very much, when all those shrubs ... Ms. Diabiase: When they grow in? Come to my backyard and I'll show you shrubs that have grown in. I mean, they give you a tree that's this big around. Trees grow slow. And then when the shrubs died behind Ameritech, Mr. Hoppe is going to speak to you, they've haven't been replaced. We were told, I don't know if it was at this meeting or at City Council ... they'll lake care of that. We have a history of things not being taken care of, so we're taking care of ourselves, and that's why we're here. Mr. LaPine: I'm just trying to explain to you. The other issue you brought up about the trash enclosure, that's something we can discuss with the petitioner when he builds the building because normally speaking, in a dental office or a physician's office, they don't accumulate that much. A lot of the sluff has to be put in containers because they're toxic. So there may not even be a reason to have a dumpsler in here and have a pickup. Maybe they can put their sluff out on Newburgh Road on Friday or Saturday, whenever the truck picks up the garbage. Ms. Diabiase: I wouldn't want hazardous waste put out on Newburgh Road. What's hazardous waste? Okay, anything that's blood borne. I mean, in the medical field, if it's contaminated, it has to be bagged differently and has to be picked up differently. Mr. LaPine: Right. Ms. Diabiase: There's going to be those types of materials there. Mr. LaPine: You're absolutely right. Mr. Walsh: We understand that. Ms. Diabiase: Oh, one other thing. Screen wall ... we could put a screen wall up. If you live on the other side of a screen wall, its like you're inside of a hampster cage. Mr. Walsh: Thank you. 21743 Eileen Beale, 15559 Liverpool. Hello. This property and the headlights would be directly in my backdoor, my house, shining in there. Its a residential neighborhood. The Ameritech building is a nightmare, but its a switching station. There's no one there basically. To have streetlights shining in your house all the time, would you want that in your backyard? I'm sure that you wouldn't. I don't want it there. I dont want my grandchild to have to pick up a needle because I've got an office space directly in my background. It's a little tiny plot of land. Where they would even have room for parking is beyond me. You can't gel out onto Newburgh Road anymore. I have worked in the City for 14 years. Never has the office space that I work in on Schoolcraft, it has never been at full occupancy in 14 years. That's tells you something. There's a difference between need and greed. Its hearsay, I understand that, that he didn't sell to the condos because he wanted loo much money. And they said, we're not going to pay that. Well, I'm sorry they're left with this little plot of land, but you know, he came to you and said I want to build eight condominiums on this little tiny piece of properly. You know, you have to be reasonable in what you ask for. I've been in this City for a long time. I bought in a residential neighborhood. I assumed that in the autumn of my life, I wouldn't have to worry about having a medical building in my backyard. You and I both know with the medical building comes an element of crime. They're looking for drugs, and that is a fact of life. That will have to be lit 24 hours a day, close to it. What's going to happen to our suburban life? You know? Do I have to get blackout shades because I've got streetlights shining in my bedroom all night long? It just isn't fair. It's not fair to us. Please, leave it residential. Thank you. Donald Hoppe, 15547 Liverpool. I live directly behind the Ameritech building or SBC, whatever you want to call it, and the lot that we're talking about. I'm very disturbed. I thought we had solved the problem of an office space there. We don't need that there. There's all kinds of vacant space all over town, but the noise, the racket. I don't need that. I'm tired of coming up here and talking about it. I've lived over there for 42 years, and the last five years have been a nightmare because of Mr. Stein's mistake. Did they say he passed on or died or something? Mr. Walsh: Yes. That was what we learned this evening. Mr. Hoppe: Okay. It's his mistake as you related to in the beginning. We told him that the last time. You ought to be me and Eileen living behind the Ameritech building. You ought to be there in the 21744 morning when they come in and drop those great big huge garbage things. I mean they dont just drop them. They slam them down. We're going to have the same thing in that office building space if that comes there. I don't care what you say. He's going to have trash and garbage and everything else. You're going to have to gel rid of it somehow. Once more, I say I'm very disturbed we're even talking about this again. We don't need that office space. There's office space right across kitty- corner from that area right now. Thank you. Tony Greco, 15616 Hunters Grove. My properly is directly north of the property in question. Last year I followed this through the Planning Commission and then onto City Council, and I believe that the final resolution was an impasse between the concerned citizens in the area and Mr. Stein, who wanted a rentable six unit facility. The people around there would have probably went for some sort of building that allowed them to sell it. So that was the impasse. He wanted to rent the property, and we wanted him to sell the property. So it ended there, and then I get a letter that this is going on again. My question is, what has changed in the year? Mr. Walsh: Sir, just so everybody understands, every property owner has the right to petition this body for action on their property. We cannot by law dictate when and how. Mr. Greco: Understood. And I certainly wouldn't want to deny him from developing the land. That's his right to do that. The problem with that is he comes here and says, look, I can't sell this to a single family. I can't put one house on that piece of property. Yet in the one year that I've been living in my home, I've never seen a for sale sign; he's never hired a reallor. He's never taken visual steps to sell the piece of property. Okay? If he had done that and he comes here and says, look, I can't sell it to anybody because there's a giant building there and nobody wants to buy it, then we can talk. But it's my opinion that he has not exhausted any kind of attempt to sell the land to a private owner. Okay? That's point number one. Point number two, I go to work every morning at roughly 8:30 to 9:00, and I take a lett out of my driveway. I live on the south end. It takes me sometimes six, seven minutes to gel out of my driveway because of the traffic. Can you just imagine if we put another driveway in between the one I'm turning lett out of and Five Mile Road, in between there? Are we at some point going to need to put a light there as well? Point number two. Point number three, he can sit here and say, a parking lot ... he works 9 to 5. 21745 That's great. He works even if it's just Monday through Friday, also great. The problem is that it's an empty lot at night. Okay? I remember just a few years ago when I was a younger man, what I used to do in empty parking lots. Those are great places to sit around with friends, be loud, park cars, drink beer. Okay? I mean that is the reality. You're looking for that kind of parking lot because it's secluded. It creates noise; it creates additional traffic. So I'm here to support the Liverpool residents, who seem to have gotten taken on the whole Ameritech building, and I wanted to just come here and express my concern. Thank you. Maria Gluck: Good evening. I am the wife of Dr. Steven Gluck who wishes to purchase this property. As a homeowner, I understand the concerns that these residents have. But as a homeowner, I also value my property and appreciate its surroundings. Being that my husband and I operate in this space, this work space, from 9:00 till 5:00 or 9:00 till 6:00, it is a second home to us. It wouldn't be an Ameritech building that we had and showed no pride in. It would be another home to us that we cherish and spend a lot of time and energy and care in. I just want to make sure that it's understood that our intentions are sincere, that our intentions are to work with the community. The reason why we decided to reside professionally in Livonia is because of the history that it has, the community that it is, and the residents that reside here. Our intentions are only to be a neighbor to these people and by no means take advantage of them in any way as maybe they feel the Ameritech building has done to them. In regards to some of the concerns that come up regarding waste and needles and things of that nature, those things as we all know are disposed of properly. There are companies that come in and are geared properly to take them away in self-contained units, somewhat of a Brinks situation. The gentlemen come in, grab them physically with their hands in these contained units and remove them immediately out of the doors into a vehicle that lakes and disposes of them in another complete separate location. So concerns of needles or drugs or anything of that nature being scattered throughout the community would not be a concern. There are many other medical and dental offices and buildings we know in this community of Livonia, and we know that they all deal with them in the proper ways and manner. I just wanted to make sure that they understood that some of these concerns that they have, there are professional ways to take care of them, and what our sincere intentions are for this property, and that not only will we zeas be operating here as a business, but we would also be residents of this community. Thank you very much for your time. Mr. Walsh: Are there any additional comments from the petitioner? Mr. Daneman: I want to assure everybody, and the question came up with the development agreements, that is a tool that I happen to use. I'm an attorney. I'm a land use attorney. I'm also a municipal attorney on the west side of the stale. I'm representing the Simons as a friend of theirs and I happen to have expertise in this area. I'm also a planner. We've used development agreements quite a bit on the west side of the stale. In fact, because its been used in other areas of the stale on a fairly regular basis, there's been the movement to legislate it with some authority. You may recall, for somebody that may have been on the Planning Commission for a number of years, that planned use developments were in use well before they were statutorily sanctioned. The development agreement is not a contract in the sense that it's a contract zone, and I fully understand what that's about, and I think you understand that concept. What the development agreement does, and it's often used in rezoning contracts, it's used in site plans, particularly in planning developments to lock in what that site plan will be. So if the site plan says its going to be a single story building and it's going to be of such size and it's going to be of such landscaping, that development agreement will firm that up. And if that development agreement is agreed to by both the developer and the city, and that's who sign its, and that's breached, then there is legal action that can be taken over and above and in addition to the zoning enforcement process, which often is very cumbersome. So we think that is a good vehicle, a good way, to lie in all the loose strings and to satisfy some of the concerns that even came up tonight that we wouldn't have a two-story building. It would look like the kind of building we're proposing. True, the comment was made that the property could always be rezoned. You could initiate it yourself. We wouldn't object to it and that goes a long ways from a property rights standpoint, so we think there's some value to having that assurance. We think the development agreement helps you do that. Whether we do that as part of a site plan or as part of the rezoning is really going to be the decision ... if its done at all, by the Planning Commission and by Council. We don't object to how it's put in. We're just wiling to assure you that we'll meet the conditions that we said we would. Several issues that were raised by the individuals with regards to headlights, with regards to setbacks and those things . .. of course all that will be 21747 addressed in the site plan process. Traffic control will be looked at by your engineer, and we're sure there isn't going to be a traffic problem. We would make sure that's the case. So we're not opposed to that. We firmly believe, and we have tried to market this property for a number of years, and I believe Joe made the comment, but if you want him to come back up, he can restate the process he's gone through. He has tried to market this for both residenfial and non-residential. No, we've not put a "for sale" sign on the property, and that isn't a common practice on vacant property. It's common, of course, when you're trying to sell residential, but it isn't that common on vacant land, particularly a small piece. People who are looking for something like that, they'll find out how to get access to it. It was on the multi list. I believe it was on the multi list. It was not? Okay. I'm sorry. I was not, but it was marketed. I hope that addresses the questions. As I said, we feel there is no other reasonable use. Yes, we had attempted to look at residential because you rejected our earlier office. Office is much more appropriate for this site. It's a small site. Putting four or five or six units on there for residential use, which we could do, we think doesn't make as much sense as a small limited office use that we're proposing. That makes the most sense for the City. Its a transitional use meaning it's a buffer. We feel that makes the most sense for the City. Thank you. Mr. Walsh: With that, I am going to close the public hearing and seek a motion. On a motion by Smiley, seconded by Shane, and adopted, it was #10-131-2004 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 12, 2004, on Petition 2004-09-01-10, submitted by Jacalyn Newman Simon and Henry Stein, requesting to rezone property at 15552 Newburgh, located on the east side of Newburgh Road between Five Mile Road and Ladywood Road in the Southwest I/ of Section 17 from R -2A to OS, the Planning Commission does hereby recommend to the City Council that the Petition 2004- 09-01-10 be approved for the following reasons: 1. Thal the proposed change of zoning is compatible to and in harmony with the surrounding zoning and land uses in the area; 2. That the proposed change of zoning will provide for a transitional use between the commercial uses to the south 21748 and multiple family residenfial to the north and would provide for a compatible use to help buffer the adjoining residential neighborhood to the east from the nuisances emanating from the Newburgh Road thoroughfare; 3. That the proposed change of zoning represents a minor extension of nonresidential zoning along Newburgh Road in this area; and 4. That the proposed change of zoning will provide for additional office uses to serve the 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. Walsh: Is there any discussion? Mr. Piercecchi: I would like to support this motion but I would prefer waiting until this contractual law is established in the State House and the Slate Senate, so I will probably vole no on it. But from the description that this gentleman just gave us in reference to a contract, it doesn't seem to be any different than a site plan process. It seems to be the identical procedure. I don't see anything different there. So I'm probably going to vole no on this because I'd like to wail. If we can hold the builder's feet to the fire on something, that's another ballgame and that may be down the road. Thank you. Mr. LaPine: I don't think what Mr. Piercecchi just said is really germane to the situation. We can rezone this property without any contract or anything of that nature. My position is, this is the third time we've heard this parcel. We've had two other situations that we have not agreed with. I think this is the least intrusive use for that parcel. We could go back to residential and they could build two or three homes on that lot that would be more square footage than what the petitioner here is going to propose. For those reasons, I think I have no problem with the rezoning. Thank you, Mr. Chairman. Mr. Alanskas: Could we put in the motion that the building would not be more than one story? Mr. Walsh: Can we do that, Mark? We're not able to do that for the rezoning. 21749 Mr. Alanskas: We can do that at the time of site plan approval. Mr. Morrow: My only concerns that I heard from the neighborhood tonight will be addressed and made a part of our study should this petition prevail at the City Council level, who will ultimately make the final decision. I think this is a good transitional use. The property has been laid fallow, and although it is zoning, I was impressed with what the dentist and his wife said as to how they will develop the building. They would take into account a lot of the concerns that are here tonight from the neighborhood, and for that reason, I'm going to support the motion. A roll call vole on the foregoing resolution resulted in the following: AYES: Smiley, Shane, Alanskas, LaPine, Morrow, Walsh NAYES: Piercecchi ABSTAIN: None ABSENT: None Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Y 0:4 kS FYM9=k I It 0 1*] OF11111, 11111H 811 al-b949h4go] 41-' Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2004- 09-01-11, submitted by Joel Elliott and Marty Kozyn, on behalf of CB Swim Club, requesting to rezone property at 28200 Lyndon Avenue, located on the east side of Harrison Avenue (part of the CB Swim Club Site) between Lyndon Avenue and Oakley Avenue in the Northeast % of Section 24 from RUF to R- 2. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Taormina: There are two items of correspondence. The first item is from the Engineering Division, dated September 17, 2004, 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. The legal description for this petition was not available for our review, which will be done upon receipt from the petitioner. Additional right-of-way is 21750 not required at this time. As a subdivision, this development may require storm water detention under Wayne County's Storm Water Management Ordinance." The letter is signed by Robert J. Schron, P.E., City Engineer. The second item is a letter from residents in the area, received by the Planning Commission on October 12, 2004, which reads as follows: "We, the undersigned, are opposed to rezoning the property in this petition from RUF to R-2. The reasons and comments are stated below. (1) Property values can be expected to decrease proportionately due to lower rezoning. (2) Surrounding RUF owners can also petition for lower rezoning because this sets a precedent and they will. (3) The intersection at Lyndon and Harrison is across the street from a school. Traffic can be expected to increase from lower rezoning. (4) The Mayor has stated in his address in a recent Livonia 'news' (quarterly) that the number one problem affecting Livonia is noise. Lower rezoning will increase the noise. (5) Packing people in will result in a lower quality of life eventually. (6) We need to keep open spaces as open as possible. This is the last of them. (7) Possibility of a blind corner. (8) People living in this area enjoy the bigger lots. (9) Livonia is noted for its farming heritage. Keep RUF's as RUF's." The letter is signed by nine persons who all reside on lots on Harrison Avenue in the area north of the property that is proposed to be rezoned. That is the extent of the correspondence. Mr. Walsh: Is the petitioner here this evening? Joel Elliott, 17462 Brookview. I'm going to be beef, but in my brevity, I want to provide some details for anybody who has some concems. I've got to say for the local residents in the area, I share many of their concems as well. It is with great reluctance that we're here, besides it's really cold in here. We're selling this property as a last resort. We do not want to sell any of the properly. I say Iasi resort because ... Marty if you could hand this out please. I want to talk about four issues, four points real quick. Its membership trends, financial burdens, the cost of membership efforts and our fiduciary responsibility as a Board for CB. I say four because I don't want to go to five. It is with great reluctance and a last resort. As you can see, I've handed out a very simple graph of our membership trends. Over the last 10 years, our membership has dropped over 170 members, from approximately 300 to exactly 132 currently. Lel me tell you, with these trends, its not specifically with CB. In our research and why our membership has gone down, although with the great effort that we put forth to increase membership, 21751 with all that great effort, how come, still, our membership has gone down? So we researched it a little bit. You'll see that we found that not only the Livonia area, the Livonia swim clubs membership have gone down as well. Now, many of the clubs had the luxury of having big wailing lists. We didn't have that luxury. So when I talk about membership, the waiting list has dwindled significantly. Also, the area swim clubs, we swim in the northern suburbs swim league against the other swim teams in that league. There are 16 pools. Fifteen of those 16 pools have seen either a great drop in wail list or a great drop in membership. There's also research of national trends, and what we found was some significant national trends. There's an article by Jennifer Kay, Associated Press, that talked about public pools and pool clubs that are sinking in popularity. She states in an article that she published this summer that "pools built for baby boomers 30, 40, 50 years ago are showing their age and need costly repairs" That's exactly similar to CB. Swimming has dropped in popularity because of air conditioning. This is a study out of the University of Pennsylvania. Changing lifestyles and competition from other activities are also dwindling pool membership. So you see, the general trend in membership in swim clubs has been going downward. Now at the same time, you see, about len years ago, about eight years ago, as you see our trend starting to go down, the pool invested in a new swimming pool. The pool was about 40 years old and basically they had to build a new pool. This created some financial burden of about $400,000 at the time. Now I support the decision back then. I wasn't a member; I wasn't on board at that time. If you look at the trends, its about 300 members. They needed a new pool. That's something that had to be done. But if you see, exactly at that time is when membership significantly started to fall. So that created a financial burden. Point two. Currently, we still owe about $137,000 on that loan. Our financial burden cannot be supported with 130 members. Now point three, cost of membership efforts. We've done a significant amount of cost reduction and a significant amount of membership efforts over the Iasi couple years that I've been on the Board. Without listing all the efforts that we've went through, in our mind as a Board and with feedback from the club, we've done everything that we could do within our financial and voluntary boundaries to increase membership. Now again, our fiduciary responsibility in the future. Currently, we're paying bills of CB Swim Club from loans from members. We have $48,000 in loans from members to keep us afloat. We will not slay afloat this winter and be around next year unless we sell this property. Now, in selling 21752 this properly, what we hope to do, what we want to do is restructure our financials so that it can support the lower membership. Another point with our fiduciary responsibility, is we aren't going anywhere. We want CB Swim Club to slay there. We need the property that we're going to sell to be harmonious with the neighborhood. We don't need any additional traffic. We need improved property values. We want to increase the socioeconomic feasibilifies around the Club so that it affords us the possibility to improve membership. Another thing is, along with the income from this property, not only will the income from the property allow us to lower our burden, we're laking great steps to lower our fixed costs. I might have mentioned this. We've lower our fixed costs by over $20,000 over the Iasi couple years. Frankly, we don't know what else we can do. If we don't sell the property, we're going to have to foreclose. We're going to have to sell the whole property, and Comenca is going to take over the land. That's frankly our choices. Mr. Walsh: Are there any questions from the Commissioners? Mr. Alanskas: Sir, when does your time run for swimming, from May to Labor Day? Mr. Elliott: Yes, sir. It runs from just before the Memorial Day weekend to Labor Day weekend. Mr. Alanskas: The rest of the year, the whole facility is closed? Mr. Elliott: That's exactly true. Mr. Alanskas: There's nothing else you can do there in the winter months? Mr. Elliott: I'd love to. Any ideas anybody has, that would be great. Mr. Alanskas: An ice skating club or something? Mr. Elliott: They have ice skating across the street for free at the park behind Adams there. Mr. Alanskas: If you sell this property, wouldn't this just be a temporaryfix? Mr. Elliott: It could be a temporary fix. The current membership at the current fees . let me state this specifically. At current membership at current fees, if we don't . we have an opportunity first of all to lower our costs further by about 21753 $11,000. There's a discrepancy of about $31,000 per year -the current membership at 132 members at the current fees. So if we don't lower the cost structure and use some of the income to further market the property, the membership, then we will last 5.7 more years if we sell the property at $350,000. One of the handcuffs that we've had over the years, we haven't had any money to market. We send the swim team door -lo -door to send out pamphlets. We've done a lot of different things. We've had flea open houses. We've had membership drives. We think if we spent a little bit more money to market it and gel the word out there a little bit better, then perhaps we could bring that level up to 160 members that would support the financial burden if we sold the property. Mr. Alanskas: This could be a temporary fix. Wouldn't it be more feasible for you to sell the entire piece of properly to try to get it all zoned to like an R-2? Mr. Elliott: If I owned this property personally, that's exactly what I might do for the financial gains, but the interest is to continue the harmonious element within the neighborhood. This is a great product. It has a great swim team and great swim lessons. It's one of the reasons why, when I originally came to Livonia, that I moved to the neighborhood. We believe that it would be better to maintain CB than to sell the whole properly and there wouldn't be a club there. Mr. Alanskas: Did you lose any membership by people putting in their own private pools on their property? Mr. Elliott: I'm not sure if that's a factor. There's a lot of guesswork as to why membership went down, including is it socioeconomic? A lot of different theories have gone through. I'm not sure exactly what hold true. All I know is that the local area and the national area, the trends have shown that swim club membership has gone down, and about the only facts I have is from Jennifer Kay from the Associated Press who wrote an article on why membership has gone down. No mention of personal pools. Mr. La Pine: Back in 1988 when you sold the parcels off on Oakley Avenue, how much money did you gain then? Mr. Elliott: That's a good question. I haven't found any documentation that shows what we sold the properly for. We went through the basement of this building trying to find out exactly what happened. 21754 Mr. LaPine: Can you tell me how far in debt you were in '88 when you sold the property and if you paid off your bills or anything like that back then? Mr. Elliott: I have no idea what the financial situation was in 1988. In fad, I wasn't sure until we went through this process and looked at some of the documents for that land sale. I never realized, and neither had any of the current board members, that we had sold that property under the premise that there was some financial distress at the time. Mr. LaPine: Okay. Lel me ask the next question. This whole parcel, including the lots that were sold before, was this land donated by the builder to the club? Mr. Elliott: I have no idea. Mr. LaPine: Okay. The next question I have, looking at your membership, starting basically in 1995, in 1996 you had a membership of 300. Then it started going downhill every year for the next seven years. In 2003, you had your biggest decline in enroll from 225 to 149. Mr. Elliott: Correct Mr. LaPine: Now al the meeting we had al the Mayors office, you mentioned that you thought a lot of that decline had to do with people switching from the Swim Club and joining the Recreation Center. You lost a certain amount of people there. I guess my question is, my gut feeling is, in the long lens, this Club isn't going to survive. Mr. Elliott: I think the data probably supports that. Mr. LaPine: What I'm saying, are we creating a situation here where we're going to allow you to get another six lots, and in two or three years from now, membership really drops and you're going to lose it all and the bank takes it over instead? I don't know how the deed read when the land was given to the club, how the deed read that it has to revert back to the membership. It has to revert back to somebody. Who is responsible for all the loans you got out for the membership? One of the questions we talked about when we had the meeting with the Mayor was, have you got some appraisals on this property? Do you know what the property is worth? Does a builder think he can build 21755 the homes there and have the right setbacks? Have you done any of those things? Mr. Elliott: Forthe total properly? Is thatthe question? What's the value of the total properly? Mr. LaPine: What about the parcels you'd like to sell off? Mr. Elliott: We've got an offer now that gives us a basis of what we think the property is worth. We started with about $400,000. That is what some experts told us it was worth. So we solicited offers for the properly under that basis, and we've got an offer now. Mr. LaPine: Okay. Lel me ask this next question. Let's assume you sold the properly for $400,000. If you got the $400,000, can you pay off all your loans to the bank, plus the loans to the individuals who gave you money, and still have money left over to do repairs? And once you got the club on a good financial fooling, is it feasible for you to operate? What's the lowest number of individuals that could be members of the club and still operate proflably so you won't come back again in four or five years and say, now we've got to gel rid of the whole parcel? Mr. Elliott: If we maintain 130 members at our current membership fee, and as I said, we won't be able to go indefinitely into the future. But if we reduce our cost structure by $31,000, which is a stretch, we can easily reduce it another $11,000 to bring it to a negative $20,000. If we do that, and again, if we increase membership from 130 to 150, it can go on indefinitely. Again, now, if we keep members at 130, it will cost $884 in membership fees to maintain that cost structure. If we maintain our current cost structure at $460, and don't eliminate any of the costs at all, we need 250 members. So what we're trying to do, again, is try to reduce our fixed costs even further, increase membership through marketing, at least 20 or 30 more members to keep on going. If the membership trend continues to go, we dont make it. That's correct. Unless those members are willing to pay $800 and some odd dollars for a membership. Mr. LaPine: Let me ask one more question. What is the turnover as far as houses being sold in that immediate area? Is it 10 percent a year, 15 percent a year? Mr. Elliott: I dont have that data 21756 Mr. Piercecchi: Well, many, many things that I was going to ask was covered by Bob and Bill, but I loo am very concerned if, with approval, this will this sustain you in the future. Now, you seem to be giving us a lot of information financially. Why haven't you shared that with us? Mr. Elliott: Excuse me? Would you like a copy of this? Mr. Piercecchi: Well, what you're talking about. What do you charge a year for membership? Mr. Elliott: $460.00. Mr. Piercecchi: These are all questions I'm going to ask. How about your initiation fee? Mr. Elliott: That covers the initiation fee. The total is $525. Excuse me, its actually $475.00, including inifiation fee, and a $75.00 ... Mr. Piercecchi: That's for new members? Mr. Elliott: Yes. Mr. Piercecchi: New members is $475.00? Mr. Elliott: $475.00 and then there's a $75.... excuse me ... Mr. Piercecchi: The initiation fee is $75.00? Mr. Elliott: Yes. Actually, ilsays here $460.00. Mr. Piercecchi: I don't want to spend all day on these numbers here, but what are your fixed costs per season? Mr. Elliott: Currently, our total expenses are $107,000 per year. Mr. Piercecchi: $170,000? Mr. Elliott: $107,000. Mr. Piercecchi: One seven zero. That's what you said, right? Mr. Elliott: $107,065. Mr. Piercecchi: $107? 21757 Mr. Elliott: $107,000. Mr. Piercecchi: Okay. Thats your costs and your revenue. Based on 150, would be what? Mr. Elliott: About $75,004. Mr. Piercecchi: Okay. So 75K is your income. Okay. Now you say the value of the property, those six lots, is $400,000. Correct? Mr. Elliott: Yes. Mr. Piercecchi: That's your estimate? Mr. Elliott: Yes, sir. Mr. Piercecchi: And you say you have a buyer? Mr. Elliott: We have an offer. Mr. Piercecchi: You have an offer of $400,000? Mr. Elliott: No, not $400,000. Mr. Piercecchi: What was your offer? Mr. Elliott: I'm not sure we should make that offer public. Mr. Walsh: I agree. Mr. Piercecchi: Okay, but you had an offer. Does your club have a certain domain? I'm asking these questions because I was President of Burton Hollow. Mr. Elliott: Oh. I feel for you. You can feel my pain. Mr. Piercecchi: What is your domain? In Burton Hollow when we had problems, we opened up. Anybody can join no matter where they live. Have you tried that? Mr. Elliott: Yes, sir. A great number of our membership is in Redford. In fact, we haven't marketed Redford very good, but we think there's an opportunity there. I don't know how that sits with the Planning Commission. Mr. Piercecchi: So you accept people ... 21758 Mr. Elliott: We accept anybody. Are you currenfly a member of any swim club, sir? Ms. Smiley: He'll sign you up tonight. Mr. Piercecchi: I can understand your predicament. I went through this at one time when 150 people wanted out of the Burton Hollow pool. Just a few years ago, they had 150 people trying to gel in. Mr. Elliott: Yes, sir. A big wading list. Mr. Piercecchi: So these cyclic things happen, but looking at your trends here, I don't know whether these are the beginning or the end or if you should pick and choose. Mr. Elliott: Yes, from left to right. Mr. Piercecchi: What are these, the end? Mr. Elliott: Yes. This is the membership for the end of the year. Mr. Piercecchi: This is Labor Day members? Mr. Elliott: Yes, sir. Mr. Piercecchi: I'm wondering if you could come up with some scheme that was less ambitious. That's why I'm asking these questions. Instead of doing a whole strip along Harrison, perhaps one or two lots. You're really going to destroy our ordinance. Mr. Elliott: One or two lots wouldn't meet the financial needs. Mr. Piercecchi: Well, you're looking at $60,000 is what you're telling me per lot if its around $400,000. Mr. Elliott: Right, but $60,000 per lot, if we sell two lots, that's $120,000. That's less that our financial burden for the loan. Mr. Piercecchi: Have you tried to refinance? Mr. Elliott: Yes. Absolutely. If you see the trends, not too many people would want to refinance a business trend like our membership trends. And that's why I said as a last resort. In reality, we probably should have been here a couple years ago selling this property because, again, we're afloat now because of $48,000 21759 in loans from our current members. We're able to get $15,000 more in loans if we need it, but we're trying not to go that way. It depends on how long this could drag out. We definitely want to meet our financial responsibilities as long as this process is going. Mr. Walsh: For purposes of tonight, we accept that this is your Iasi chance perhaps. Mr. Elliott: Yes. Mr. Walsh: The six lots are their final offer. Is there anything else, Mr. Piercecchi? Mr. Piercecchi: This is something I could discuss with him for hours, so I'll sign off here. Mr. Morrow: Just a couple of things here. Just to say to you, I'm certainly sympathetic to what you're trying to do. My big concern is if we follow through with this zoning, then we have, as you heard tonight, two tremendous conflicts with our ordinance as it relates to the size of the parcel and as it relates to setbacks to some of the future homes that would go in. That said, have you done the internals of your own membership? In other words, your base right now seems to be 132. Have you done any internal survey or anything to say, 'that's a solid base,' or do you think 132 is going to diminish even further between now and next season? Mr. Elliott: No. We haven't done any type of assessment formally. What we've done is we've talked to people. We've had general membership meetings. I dont have a good feel for that actually. Mr. Morrow: The only other point I want to a make is that you don't paint a very rosy picture. Just from the real estate or planning standpoint, once you begin to parcel off portions of altracfive land, you diminish the value. In other words, people like to develop a larger area as opposed to two separate areas. I think that's something you have to think about. Are you diminishing the overall cost or the prospective selling price by parceling it off rather than by biting the bullet and saying maybe it's time to see if anybody wants to buy the large parcel? Mr. Elliott: Its an excellent question. I think its the fiduciary responsibility of the Board to make sure we have an answer for that. We talked to several builders and talked to some local developers. 21760 We believe that there won't be diminishing returns by splitting part of that off now. If worse comes to worse, if we had to sell the rest of the property, financial there's not much diminishing . . . that's not a diminishing prospect. Mr. Morrow: Okay. On the flip side of that, as it relates to designing the plat or whatever we decide to do, then there could be some ultimate plan with the larger piece, rather than trying to fit two pieces together. And although it may not diminish the price, it may impact the workable subdivision. Mr. Elliott: The harmonious stability of the neighborhood? Is that what you're talking about? Mr. Morrow: Yes. So those are just points I wanted to make. Mr. Walsh: We're going to reserve any discussion on the site plan. We're just looking at the rezoning for this evening. Mr. Shane: Mr. Morrow was headed in the same direction I was. The financial discussion is interesting, but we're being asked to rezone property, and that's what I want to focus on. Whether or not the swim club makes it, is a side issue. Is it good zoning to rezone this property to R-2? If we do that, Lee's question is, if the rest of the property follows suit, is it large enough and configured such that it can be developed reasonably as well? Mr. Elliott: You can reasonably get seven more lots out of the rest of the property. Mr. Shane: That is what is concerning me. I really hope you make it. Mr. Elliott: Yes. Mr. Shane: But you know, we have to look to the future to decide what this land would be best used for, and really you're starting down that road now by asking us to rezone it. The R-2 district seems reasonable given the factthat the property to the north and east is R-2. The idea of six lots seems reasonable from a zoning standpoint. That's where I'm coming from. Mr. Piercecchi has a lot of experience with swim clubs and I can see why he's headed down that road, but I need to focus on zoning. That's what we're trying to do here. So I'm encouraged by what seems to be some future planning on your part. It must have taken a lot to look at this property with developers to see what you could do. That's really what I was concerned about that there is a 21761 plan to develop the rest of the property should you not be successful. Mr. Elliott: There is. We don't like to talk about it. Mr. Shane: I understand, but we need to talk about it Mr. LaPine: Just a couple questions. I agree with Mr. Morrow and Mr. Shane. Its a lot easier to develop this parcel if it was sold as all one piece. Builders like larger parcels because they can do more things with it. My other question is, and it has to do with finances, assuming that you sold the whole parcel right now, you could pay off the bank. You could pay off everybody you owe, and probably have a lot of money left over, I would assume. My question is, I'm just curious: say you sold the whole parcel for $650,000. Let's use that. Say your total debt is $300,000, and you end up with $350,000. Who gets the $350,000? Does that go back to just the members of the Association? Does it go back to members who used to be members of the swim club? Mr. Elliott: No, that would be me. No, I'm just kidding. Lel me read specifically, Mr. LaPine, the section from our rules and regulations. Article VI, Section 6: "Upon dissolution of the club, the active members shall be entitled to a prorata distribution of assets of the club after payment of all debts and liquidation of all liabilities. Associate members shall not share in any distribution." So our rules and regulations say that it will be an even distribution of the assets to the current club members. Mr. LaPine: But if it went under and you didn't have the opportunity to sell it, the bank would lake it over for the loans that you owe. Am I correct? At least they would sell it and lake what they got coming to them, and give the rest back to you. Mr. Elliott: That's right. Exactly. The bank would sell it, lake care of their responsibility first, and then the assets would be distributed accordingly. Mr. LaPine: Well, like everybody else, I hope it is going to make it. I have my doubts, quite frankly. I'm being honest with you. I think it's just a matter of if it's today, tomorrow or five years from now. If you're here five years from now, I'll be really surprised. Mr. Alanskas: I just have one more question in regards to all swim clubs. In 2001, you had 245 members. Then in 2004, you went down to 21762 132 members. Does weather have anything to do with declining enrollment? Mr. Elliott: No, but I think one of the key factors is the Rec Center opened up at a very difficult time for us. It opened up in the Spring right when people would be looking to join the swim club. We solicited a lot of our membership who left, not everybody but a lot of the membership who left the club. A substantial percentage left because they had the choice of joining the new Rec Center or joining CB, and they decided to join the Rec Center. Mr. Alanskas: Because at the Rec Center you have internal swimming inside the building if you had bad weather. Mr. Elliott: Right, but I think once you've enjoyed both products, you'd find that they are both very different. Mr. Alanskas: All right. Thank you. Ms. Smiley: That was basically it. I think they are two different people that belong to swim club and belong the Rec Centre. I happen to belong to both. The Rec Center is year round. It's also a health club; but it's very family oriented. Right now I'm in a swim club, and we're experiencing the same thing you're experiencing. As my husband would say, I really enjoyed my $500 swim because he goes once a year. People are just laking a different look at it. My kids are grown now so it's a different beast. I wish you well, but I'm not feeling good for you on this. Mr. Walsh: Al this point, I'd like to go to the audience. Is there anybody in the audience that wishes to speak for or against this petition to rezone this property? Cynthia Thomas, 28131 Oakley. I am a past member of CB Swim Club. I enjoyed our membership there for a number of years. I am only in favor if the entire parcel will be sold. The reason is because the club house, if they sell just a portion of it now, I don't believe its going to carry them very long because they have an aging club house that is either going to have to be torn down or repaired somehow. So we're going to be standing here again in a number of years to petition the sale of the entire thing. As a resident living nearby, I would rather only go through this development one time. The other thing, they covered the cost and sidewalks, because we dont have sidewalks that go across our front yards. They were never initially put in. Because of 21763 that, we have bussing. So if they sell off the entire thing, and then there's a subdivision that goes in there and then sidewalks would be developed, would that affect our bussing? Mr. Walsh: Tonight we consider only the rezoning, but we certainly will take that into account if this passes through the Council and comes back to us when we see the site plan. We would certainly keep that in mind. Ms. Thomas: Okay. That's all I have. Charles Grandell, 14830 Harrison. I've lived there for 64 years. I'm against this building of houses on Harrison because Harrison is the only street from Five Mile to Lyndon, and it's almost as bad as Middlebell and Inkster right now. We gel traffic from off of Oakley and that new R-2 over there east of Harrison. We have a school south of Lyndon across from the swim club. We have a church across Harrison west of the swim club. If you build those houses there, they come off of Lyndon without slopping. They whiz right around. Now, if somebody is backing out of those houses, there's going to be a lot of accidents over there. We have Sl. Genevieve's traffic. We have traffic off of Five Mile going south. We have traffic going north off of Lyndon. Sometimes I have to wail five minutes to gel out of my driveway. And there's children walking up Harrison after school. They're going to have to put up with that traffic loo. I think that's a death trap over there, and I'd like to see you people go there and see it with your own eyes and see what they got over there. Thank you very much. Mr. Walsh: Mr. Elliott, is there anything you'd like to add? Mr. Elliott: No, sir. I think we're all set. Mr. Walsh: A motion is in order. Mr. Piercecchi: Mr. Chairman, this was an awful lot to chew here. I don't think that a couple weeks or so would affect the decisions here. If I may, I'd like to offer a motion to table it for a couple weeks. On a motion by Piercecchi, seconded by Morrow, and adopted, it was #10-132-2004 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 12, 2004, on Petition 2004-09-01-11, submitted by Joel Elliott and Marty Kozyn, on behalf of CB Swim Club, requesting to rezone 21764 properly at 28200 Lyndon Avenue, located on the east side of Harrison Avenue (part of the CB Swim Club Site) between Lyndon Avenue and Oakley Avenue in the Northeast '/. of Section 24 from RUF to R-2, the Planning Commission does hereby recommend that Petition 2004-09-01-11 be tabled until the Regular Meeting of the Planning Commission on October 26, 2004. 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. A roll call vole on the foregoing resolution resulted in the following: AYES: Piercecch, Morrow, Alanskas, La Pine, Shane, NAYES: Smiley, Walsh ABSTAIN: None ABSENT: None Mr. Walsh, Chairman, declared the motion is carried and the item will be tabled. ITEM #3 PETITION 2004-09-02-31 ALBANELLI CEMENT Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2004- 09-02-31, submitted by Albanelli Realty, on behalf of Albanelli Cement Contractors, Inc., requesting waiver use approval for outdoor storage of construction equipment and materials at a business at 12725 Fairlane, located on the west side of Fairlane Avenue between the CSX Railroad and Glendale Avenue in the Northwest 1/4 of Section 28. Mr. Taormina presented a map showing the properly under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated September 13, 2004, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposal. No additional right-of-way is required at this time. Development of Parcel A may require detention under Wayne County's Storm Water Management Ordinance. The following two legal descriptions should be used 21765 in conjunction with the waiver use." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated September 8, 2004, which reads as follows: "This office has reviewed the site plan submitted in connection with a request for waiver use approval for outdoor stooge of construction equipment and materials on property located at the above -referenced address. We have no objections to this proposal and have no concems with respect to traffic, points of ingress and egress, site capacity to accommodate the proposed use as related to off-street parking or any other safety matters." The letter is signed by Randall D. Tromblay, Fire Marshal. The third letter is from the Inspection Department, dated September 23, 2004, which reads as follows: "Pursuant to your request of September 3, 2004, the above- referencedpetition has been reviewed. This Department has no objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. The fourth letter is from Paragon Properties Company, dated October 4, 2004, which reads as follows: "1 am writing this letter to place my objection to the above -referenced petition for wavier use approval for outdoor storage at 12725 Fairtane. This is an M-1 District with M-1 side yards and setbacks. It is not an M-2 District. We have two vacant industrial buildings next to the petitioner at 12800 and 12813-27 Fairtane, and there is really no effective way to police the housekeeping of outdoor stooge. It becomes a constant problem of our having to do regular inspections and request help from the City to issue violations. Unless a more effective mechanism to control housekeeping can be found, 1 believe we are entitled to rely on the M-1 Ordinance that we bargained for when we developed the adjoining property. Thank you for your consideration." The letter is signed by Harold Blumenstein. That is the extent of the correspondence. Mr. Walsh: Is the petitioner here this evening? Wayne Albanelli, 47830 Bellagio, Northville, Michigan 48167. Mr. Walsh: Is there anything you'd like to add to the presentation? Mr. Albanelli: I'd just like to say that we're moving to Livonia because we outgrown our current facility. We want to move to Livonia because it's in proximity to our residences, both Paul and myself. He lives in Novi. I live in Northville. Its an existing facility, which will fit our needs. 21766 Mr. Alanskas: What are your hours of operation fortrucks coming in and going out? Mr. Albanelli: The trucks usually go out about 6:15 in the morning and come back about 6:00 at night. The office staff comes in around 7:30 -800. Mr. Alanskas: Aren't those mainly all diesel engines in those trucks? Mr. Albanelli: Yes, they are. Mr. Alanskas: Do they park there for a long time just running idly and making a lot of noise? Mr. Albanelli: No, they don't. Usually for about 10 to 15 minutes they start them up. We load them up with what they need for that day and then they're out on the road going to the job sites. Mr. Alanskas: When you load them up, are they loaded with hi -lows? Mr. Albanelli: Hi -lows or hand loaded. Right. Mr. Alanskas: Or hand loaders. All right. Thank you. Mr. Morrow: The future building that is shown on the site plan? Mr. Albanelli: Yes. Mr. Morrow: Is there any dale that you can affix to that or is it just up in the air at this point? Mr. Albanelli: Well, its up in the air at this point. We don't know what's going on. We're wailing for the economy to improve, and then I'm hoping to have something going on within a year or so. Mr. Morrow: So its not in the way distant future? If the economy turns around, it can be in the next year or two? Mr. Albanelli: That's correct. Mr. Morrow: As it relates to that site plan, you indicated that you're going to remove those mounds of dirt and replace it with some sort of crushed stone? Mr. Albanelli: Crashed concrete or crushed limestone. Correct. 21767 Mr. Morrow: One of the things with all that dirt there, where you have that lawn in front of the future building, would you think it would be possible to build some sort of a berm in there during that process which will form a screening up until the point that the future building is erected? Mr. Albanelli: If that's what it would take, we would be more than willing to do that. Mr. Morrow: I'm trying to be in sympathy with some of the concerns of the properly owners around that if we did that, then a lot of the storage would become invisible to them until you develop that. I noticed that you put a lot of the odds and ends behind the existing building with the tractors and trailers. That was one of the thoughts that I had to screen it. Mr. Albanelli: We'd be more than willing to do that. Mr. Morrow: Thank you. Mr. Alanskas: You say you have one handicap parking space. Was that number four or number five? Mr. Albanelli: Right. I can't see it from here. Mr. Alanskas: Because it doesn't show on our plans, a handicap parking spot. If you want it closer to your entrance, I think it would be either number four or five. Can you see that on your plan? Mr. Albanelli: Yes, I can see that right now. It's against the existing fence. Mr. Alanskas: Oh, I see it. Right now between one and two it says handicap. But that's pretty far to walk to gel to the front entrance. Couldn't you make it number four? Mr. Albanelli: I don't know if the area in between four and five will allow for the space for the handicap right there. I think we would lose a space if we moved the handicap parking to that area. Mr. Alanskas: Through the Chair, Mark, how many feel is that from the handicap parking spot to get into the front? Ten, 20, 30 feel? Mr. Taormina: If we're talking about where it's presently shown, its going to be about 20 feet. It seems to me that space number three would probably offer the most advantageous location for a barrier free space. 21768 Mr. Albanelli: That's correct. We could switch those spots around. Mr. Alanskas: You could change that? Mr. Albanelli: Sure. Mr. Alanskas: Okay. Fine. Thank you. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Yes, Mr. Taormina. Mr. Taormina: I'd like to follow up just a minute with Commissioner Morrow's comments relative to the area between the building and the road in front of the vacant parcel. If we do establish a bene there, I would think that some landscaping on lop of that bene would be appropriate to help shield the outdoor storage area. Also, drainage will be an issue that he will have to address with our Engineering Department. A buffer strip along that north property line might be possible. I don't know what that distance should be, but a grass strip a few feet in width should be adequate to accommodate a drainage swale if needed. That should also allow some separation between the storage of equipment and the north property line. Again, some landscaping along the east side would be a reasonable adjustment to the plan in order to address some of the concerns. Mr. Morrow: Mark, could you make that part of the resolution? The petitioner would work with the staff to develop a satisfactory berm for the area. Mr. Taormina: That's fine. Mr. LaPine: My personal opinion is, I don't really see why we need a bene there because he's going to build a new building. All the other buildings along that road do not have berms in front of them. Now I can understand the berm being there for a short period of time to screen it from Pentagon Properties, because he's got one kitty-corner from there, but to landscape it and then he builds a building, then the building is not going to be able to be seen from the road. Now I don't know if he's going to occupy that building or if you're going to try to lease that building. I don't know at this point, but I just don't see what we accomplish by doing that. I can see it temporarily, but eventually if he builds 21769 a building there, I'd like to see the building be seen from the road. Mr. Walsh: Mr. Morrow, I think your suggestion was a temporary berm, was it not? Mr. Morrow: My suggestion was actually permanent. I wasn't thinking in terms of a wall. I was just thinking of something you know what is the normal height of our berm, three or four feel high. Mr. Taormina: Correct. Mr. Morrow: No, I wasn't thinking temporary. We have a lot of berms that shield buildings. Mr. LaPine: What would be the reason for the berm? If he was storing equipment back there, I would agree with you, but he's going to build a building back there. Mr. Morrow: I had that thought in reading one of the pieces of correspondence where they were talking about relying on the M-1 District not allowing outside storage, and I thought that would be one way of softening the outdoor storage there. I was going to also mention a little bit later on, that you and I checked the site over there, as far as housekeeping, they do a very fine job of keeping their yard in order. So I thought a combination of their housekeeping and a berth to shield some of the other equipment would make the best situation, but I'm only one vole. Mr. Walsh: Per Mr. Taormina's suggestions, we were just on the verge of a motion. If there is no further discussion, I'll entertain a motion. On a motion by LaPine, seconded by Shane, and unanimously adopted, it was #10-133-2004 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 12, 2004, on Petition 2004-09-02-31 submitted by Albanelli Really, on behalf of Albanelli Cement Contractors, Inc., requesting waiver use approval for outdoor storage of construction equipment and materials at a business at 12725 Fairlane, located on the west side of Fairlane Avenue between the CSX Railroad and Glendale Avenue in the Northwest 1/4 of Section 28, the Planning Commission does hereby recommend to the City Council that Petition 2004-09-02-31 be approved subject to the following conditions: 21770 1. That the Site Plan submitted by Albanelli Cement Contractors, Inc., dated August 30, 2004, is hereby approved and shall be adhered to; 2. That the visitor and employee parking spaces shown on the site plan shall be double striped, including the provision of barrier free parking, and all regular parking spaces shall be 10'x20' in size as required; 3. That the location of the handicap parking space be placed closer to the building entrance; 4. That the outdoor storage of trailers, backhoes, bulldozers, commercial vehicles, equipment and materials shall be limited to the designated locations as shown on the above - referenced Site Plan and shall be maintained in an orderly manner; 5. That there shall be no outdoor storage of disabled or inopemtive equipment and vehicles, scrap material, debris or other similar items; 6. That the outdoor stacking or stockpiling of materials shall not exceed 8 feel in height above ground level; 7. That the unimproved northerly parcel shall be hard surfaced with crushed rock or gravel prior to the issuance of the Certificate of Occupancy by the Inspection Department and shall be maintained in a dust -proof condition, and said storage area shall be properly graded and drained to dispose of all surface water in a manner as approved by the Engineering Division; 8. That all landscaped and sodded areas shall be permanently maintained in a healthy condition; 9. That a dumpsler enclosure shall be provided in the southwesterly portion of the site as shown on the Site Plan which shall be constructed of brick, block or reinforced poured concrete walls and with enclosure gates which shall be properly maintained and, when not in use, closed at all times; 10. That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Certificate of Occupancy; and 21771 11. That a berm and appropriate landscaping be added to the front of the unused properly to the north in order to shield the view of the outdoor storage yard from the street. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 16.11 and 19.06 of the Zoning Ordinance #543; 2. That the subject properly has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. 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. Walsh: Is there any discussion? Mr. Shane: I will support it, but I would ask the maker of the motion if he would add Number 10 in deference to Mr. Morrow's suggestion to add something to the effect that there be some at least temporary landscaping placed in front of the unused property to the north to help screen undesirable elements from the buildings across the road. Something like that. Mr. LaPine: I don't think ft's necessary, but I have no objection to it. Mr. Alanskas: To the maker of the motion, could we also add changing the handicap parking spot closer to the front of the building? Mr. LaPine: No problem at all Mr. Walsh: Okay, so if that's not a problem with Mr. Shane, we have a further amended motion. Mr. Shane: No problem. Mr. Walsh: Mark, do you have sufficient information to do that? 21772 Mr. Taormina: Yes. Mr. Morrow: Mr. Chairman, I certainly wouldn't vote against that as it relates to what my suggestion was. I appreciate Mr. Shane putting it back in because I thought it would be a landscape enhancement that would serve a purpose to do some screening for a waiver of some outdoor storage up until the time the future building is made. If you want to make it permanent or temporary, I guess that's of no consequence to me. So I will vole for the motion. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #4 APPROVAL OF MINUTES 891ST Public Hearings Mr. Walsh, Chairman, announced the next item on the agenda, Approval of the Minutes of the 891st Public Hearings and Regular Meeting held on September 14, 2004. On a motion by Piercecchi, seconded by Alanskas, and unanimously adopted, it was #10-134-2004 RESOLVED, that the Minutes of 891"Regular Meeting held by the Planning Commission on September 14, 2004, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Piercecchi, Alanskas, LaPine, Shane, Smiley, Morrow, Walsh NAYS: None ABSENT: None Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 893rtl Public Hearings and Regular Meeting held on October 12, 2004, was adjourned at 9:35 p.m. CITY PLANNING COMMISSION ATTEST: John Walsh. Chairman Carol A. Smiley, Secretary