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HomeMy WebLinkAboutPLANNING MINUTES 2004-12-14MINUTES OF THE 8W PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, December 14, 2004, the City Planning Commission of the City of Livonia held its 897`h 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 John Walsh Members absent: Carol Smiley Messrs. Mark Taormina, Planning Director; Al Nowak, Planner IV; Scott Miller, Planner III; Ms. Debra Walter, Clerk -Typist; 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 requeslfor 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 date 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 2004-11-01-14 SARAH ESTATES Mr. Pieroecchi, Acting Secretary, announced the first item on the agenda, Petition 2004-11-01-14 submitted by Sarah Estates, LLC, requesting to rezone properly at 34745 and 34655 Eight Mile Road, located on the south side of Eight Mile Road between Gill Road and Ellen Drive in the Northwest 1/4 of Section 4 from RUF to R4. 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 is one item of correspondence from the Engineering Division, dated December 14, 2004, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above-referencedpetition. We have no objections to the proposal and see no discrepancies in the right-of-way or need for additional right-of-way at this time. Should the re -zoning be approved, there are overhead utility lines running through the property that would have to be relocated underground at the developer's expense. Further, it should be noted that the developer would be required to meet the Wayne County Storm Water Management Ordinance in connection detention and storm water runoff." The letter is signed by John P. Hill, Assistant City Engineer. That is the extent of the correspondence. Mr. Walsh: Is the petitioner here this evening? Sam Baki, President, Sarah Estates, LLC, 20321 Shadyside, Livonia, Michigan 48154. Good evening. I'm here on behalf of Sarah Estates, LLC. As Mr. Taormina mentioned, this properly is presently zoned RUF. It's adjacent to the Sarah Estates Subdivision that we previously got an approval on a few months ago. This is a continuation of the design of that subdivision that we intended on doing from the beginning. The adjacent property to the west is R-4, on the south and east are RUF. We are in the process of trying to acquire more land to go east toward almost Gill Road to try to keep it all residential. So far this is what we're successful with for these two parcels. As was mentioned, the lot size is going to be a minimum of 90 by 130. The home price range, just like the original Phase I, is going to be $500,000 plus. The home size - we're going to follow the same approval we got on Sarah Estates, which I believe was 2,200 minimum ranches, 2,800 capes and 3,200 colonials with 70% brick for two stories and 90% brick on the ranches. So we're going to follow the same scheme of work that we're going to do on the first phase. Mr. Walsh: Are there any questions for Mr. Baki? Mr. Shane: Mr. Baki, you mentioned that you were attempting to purchase the property to the east. Have you thought about how you might 3 re -design the subdivision if you were to pick that up? I mean, have you done any studies? Mr. Baki: Yes, I did. Mr. Shane: Okay. Mr. Baki: I have several options to do that study. One option is to put stub streets out from the cul-de-sac and the corner if needed to accommodate for the properly to the east. Mr. Shane: Are you making any progress? Mr. Baki: Well, I've checked to see if the owner was willing to sell for the last year, and she had no intention of selling. I started communicating with her son. He said, "Maybe we'll sell. We'll let you know." I wail for their calls. I was calling her a lot in the beginning. I figured I was like a nuisance to her because she wasn't responding to me at all. "I'll think about it. I'll think about it." So I stopped calling her. So now I just wad for their call back because I did a lot of calls in the beginning. Then I let it go. That's why we're proceeding. Mr. Shane: Do they live in Livonia or somewhere else? Mr. Baki: They live in Livonia. Mr. Shane: Thank you. Mr. LaPine: Mr. Baki, the lots that are off of Gill that are directly behind the building on Gill and Eight Mile Road, do you own those parcels? Mr. Baki: We don't own them. We have options. We have some contracts on them. Mr. LaPine: One has been up for sale off and on. Mr. Baki: We do have a contract on that one. Mr. LaPine: But you're not trying to buy any of the property south of there where there's homes, right? Mr. Baki: Yes, I am. Mr. LaPine: You are? 4 Mr. Baki: Yes, I am. Mr. LaPine: A couple of those houses are pretty nice homes, but you're trying to buy all the homes from there all the way up to Norfolk? Mr. Baki: Not all of them. Right now, we're in negotiations with two people, two homes south of Eight Mile. The southern lot is Lot 17. That's where we're slopping because anymore south won't do us any good. Mr. Morrow: Mr. Baki, if the zoning is approved subsequently at the City Council level and approved here, are you prepared to move forward with the plan you have in front of us? Mr. Baki: Yes, Ido. Mr. Morrow: It appears to me that picking up that extra property doesn't add much to your current site plan as you have it up there on the screen. Mr. Baki: No, it doesn't. Mr. Morrow: It looks like a pretty effective site plan to me, even though we're talking about zoning. It looks like there's some nice lots in there. Thankyou. Mr. LaPine: If I may ask a question for Mark. One of my concerns that I mentioned at the study session, I dont want that Lot 14 to go to anything but residential. Is it possible at a later date that we can bring that up on our own motion to rezone that to R4 so whoever buys that knows that its going to be a residential lot? Mr. Taormina: The Planning Commission does have that available as an option, yes. Mr. LaPine: I think we should look at that once we've approved this. I just don't want any more encroachment. I want the office stopped by Gill Road where we have the office building there now. Anything west of that, I want to make sure it slays residential. Mr. Alanskas: You just menfioned to Mr. Morrow that if this was approved by us and the Council, you would go forward with this plan. How would that affect the vacant lot to the east? Mr. Baki: If the owner to the east decides to sell or agrees on selling and we can come to terms, I can do a stub because I have two designs. One of them to stub the northern site - to stub it right off that cul-de-sac without changing the cul-de-sac location, just adjust the last four lots on the north side to accommodate for that stub to go out to the east to accommodate for that property on the lop part, which is the 300 northern site of that comer. Then on the south side, I have a layout that I was going to come in with when I do the rezoning on the southern side, which is off of Gill Road. I can accommodate the southern side from that other side off of Gill Road. Mr. Alanskas: On the southern side, if you gel it, how many homes or lots could you put up there? Mr. Baki: On this properly? Mr. Alanskas: Yes. Mr. Baki: You mean on that lot? Mr. Alanskas: Yes. Mr. Baki: A total of six, three on lop and three on the bottom, but that's accommodating by putting the street on our properly next door. Mr. Alanskas: All right. Thank you. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Gary Nixon, 9826 Auburndale, Livonia. My mother owns the property to the east. I've talked to Sam Baki and my mothers talked to him several limes. Initially, he's right. She didn't want to sell the property. We are thinking about selling it, and one of the ideas that Sam had approached me on was to split the property at the 300 fool line and rezone the north half to OS, laking the south half and including it into his development. We have been talking. We are willing to sell the property. We haven't been able to negotiate an equitable price with him. We have had the property appraised. I'm just saying, we're willing to work with him. What he said about not being able to communicate, it's false. He has talked to my mother several times, and I've talked to him at least a couple times. We don't want to see the property gel locked or gel into a situation where we can't do anything with it, which is what would happen if he developed up to that. The 155 fool width does not allow for further residential development. However, if it were split, at the top and the bottom, it is possible that we could do something with the north half if it could be rezoned to OS. However, there was a gentleman here tonight that had indicated that he does not want to see that happen. Mr. Walsh: Mr. Nixon, we'll have to cross that badge when we come to it, but I think that we're all of record, at one point in time or another, close to it, that that's not likely. But again, we're just a recommending body and best you be aware of it and Mr. Baki be aware of that sentiment on our part. Mr. Nixon: Right. Well, I just want to lel you know that we are willing to discuss it. We haven't had a sufficient amount of time to really negotiate with Mr. Baki on it, but we don't want to hold up the development of what he's trying to do. On the other hand, we don't want to end up with a piece of property that's worthless either. This was an investment that was made in the family several years ago and with the development to the west, it really does leave this property more or less useless. I would just urge that the Council think about this prior to making a decision because with a little more time, we might be able to work something out. Mr. Alanskas: Sir, when was the Iasi time you or your mother spoke to Mr. Baki? How long ago? Mr. Nixon: I spoke to Mr. Baki within the Iasi 30 days. Mr. Alanskas: Thirty days. All nghl. Thank you. Mr. Morrow: As long as you understand that all we're talking about is zoning tonight. It's nice to see those lots of up there. But nghl now, he's come forward with a rezoning request of R-4, which seems to be compatible to the area, and we have to act on that tonight. Now what happens in the future when you start to carve up land as it relates to lots, we can only act on what we have before us tonight, which looks to me, as one commissioner, a pretty viable plan, a pretty viable zoning. So you understand, Tel's not gel carried away with the lots. Let's just think about zoning. Thank you. Mr. Walsh: Are there any other questions or comments? Mr. Nixon, anything else? Mr. Nixon: I'm not really quite sure what you were saying. Mr. Morrow: Well, let me repeat it. The site plan, for the ou0ine in red, is strictly a rezoning request. Don't pay any attention to those lines. If the zoning goes through, that's one scheme that could be adapted to that zoning. So we're not here to plat the thing tonight or establish lots. We're only to see if the zoning in that area meets with the Master Plan, meets with the surrounding area. Now, whatever happens after that, to the lot to the east, we'll worry about that at the time. We're only concerned about that zoning. Mr. Walsh: I think the missing piece is, Mr. Baki will have to return with a site plan for another hearing and approval process. Mr. Nixon: Oh no, I understand that. I just want to lel you know that there was been communications with Mr. Baki with regard to this property. We haven't been unattainable. We do live in Livonia. My mother lives in Livonia. I live in Livonia. Mr. Morrow: That will not impact what we do tonight. Mr. Walsh: But we appreciate you coming forward this evening. Mr. Walsh: Is there anybody else in the audience that wishes to speak for or against this pefition? Mr. Baki, do you have any final words? Mr. Baki: Like what he menfioned, he did talk to me about a month ago, and that's when I explained to him that we were proceeding with the development. We're submitting for it. And like I said, I've been in communication with him for almost a year, and that's why we're proceeding. The site plan could be adjusted if they agree on selling. The time that they're looking - they're looking for a few weeks, it's understandable. I can wail and before I submit for my site plan approval, I can wail since it still has to go to Council, but I just cant wail for another six months or a year, because its interest and taxes that we're going to be paying on properties and I can't do that, especially when I'm trying to develop both sites at the same time, Phase 1 and 2. Mr. Walsh: I'm going to close the public hearing. Is there a motion to be offered? On a motion by Morrow, seconded by Shane, and adopted, it was #12-159-2004 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on December 14, 2004, on Pefition 2004-11-01-14. submitted by Sarah Estates, LLC, 8 requesting to rezone properly at 34745 and 34655 Eight Mile Road, located on the south side of Eight Mile Road between Gill Road and Ellen Drive in the Northwest 1/4 of Section 4 from RUF to R-4, the Planning Commission does hereby recommend to the City Council that Petition 2004-11-01-14 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 is consistent with the developing character of the area; 3. That the proposed change of zoning is consistent with the Future Land Use Plan designation of Low Density Residential land use in this general area; and 4. That the proposed change of zoning represents an extension of an existing zoning district occurring on adjacent property to the west. 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: Mr. Chairman, I think it would be wise to incorporate as number 5, the material that came to us via the letter of John Hill, dated 12/14, which regarded utility lines and water detention. Could I add that? Mr. Morrow: Well, I have no objection, but inasmuch as we're talking about rezoning, I'm not sure that impacts zoning. It would be something we would need al the site plan level. Mr. Walsh: We will use that, Mr. Piercecchi, in a site plan approval. Mr. Piercecchi: Okay. I just thought I would bring it up just to make sure it was incorporated. Mr. Morrow: I appreciate that. Thank you. Mr. Piercecchi: I stand corrected. Mr. Alanskas: Listening to the people who own that property to the east, I was prepared to go forward with this tonight. But from what the gentleman said, they're not talking about six months or a year later. It sounds like they could get together possibly very quickly on that one piece of properly. I'd rather rezone it all at one time. Thank you. Mr. LaPine: In some ways I agree with Mr. Alanskas, but I guess I'm looking at the fad that Mr. Baki wants to gel moving on this thing. In the meantime, by the time he gels to the Council, gels his rezoning, gets back to us with a new design on how he's going to have the houses, and we approve the site plan, he may have purchased the property. At that time, it could be incorporated all at one time. It seems to make more sense instead of holding him up now on this one. Mr. Walsh: Is there any additional discussion? Seeing none, would the Secretary please call the roll? A roll call vole on the foregoing resolution resulted in the following: AYES: Morrow, Shane, LaPine, Piercecchi, Walsh NAYES: Alanskas ABSTAIN: None ABSENT: Smiley Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving recommendation. Y 0:4 kri E;bM9=k 1It01*] PA11rE51E118&��iI[97t<9:7=IQ Yi1101Is] � Mr. Piercecchi, Acting Secretary, announced the next item on the agenda, Petition 2004-11-01-15, submitted by Michigan Columbus Federal Credit Union requesting to rezone property at 30445 Six Mile Road, located on the south side of Six Mile Road between Oporto Street and Ryan Road in the Northwest 1/4 of Section 14 from RUF to OS. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? ra Mr. Nowak: There is one item of correspondence from the Engineering Division, dated November 24, 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 or legal description provided at this time. The dimension in the eighth line of the description is 413.37. Additional right-of-way is not required at this time. Wayne County will require detention on this site in accordance with the Storm Water Management Ordinance. Any drive approaches to Six Mile Road will also require County approval." 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? Mr. LaPine: Yes. Mark, the parcel that you were talking about that has to drain and it goes to 85 feet in the back, who owns that property? Is that part of this parcel? Mr. Taormina: Yes. This is a single parcel as it exists today. The area on the overhead bounded in red and including the area immediately to the south is all part of what is currently a developed single family residential site. Mr. LaPine: So the lots to the west, do they have residences on them? Mr. Taormina: 30503, the parcel immediately to the west, I believe does. Mr. La Pine: How about 30554? Mr. Alanskas: To the south. Mr. LaPine: To the south. Does that have a residence on it where the cul- de-sac is there? Mr. Taormina: Yes. Mr. LaPine: I guess my question is, if something was built on this parcel that he's here for rezoning on, what happens to that parcel in the back? It's landlocked, is it not? It could never use used for anything. Mr. Taormina: The area of the parcel that you're referring to is not proposed to be rezoned, but there is a structure located on the property that would have to be demolished as part of any plans of the credit union to expand its facility. And yes, that would effectively eliminate any possibility of development on this site, at least in a manner that would be conforming to the ordinance. The area itself might be large enough to construct a home; however, it would not have frontage on a public thoroughfare. Mr. LaPine: The problem I would have is that it goes loo deeply into the residential neighborhood, in my opinion, if he ever wanted to use that for something else. Thank you. Mr. Walsh: Is the petitioner here this evening? Good evening. Richard Daguanno, 34705 W. 12 Mile, Suite 311, Farmington Hills, Michigan 48331. Good evening. I'm the representative of the petitioner, Michigan Columbus Federal Credit Union. I am an attorney, and the President, David Busdeker, is here. He President of the Michigan Columbus Federal Credit Union and is also available to answer any questions that you may have. With regard to this particular properly, I know the last focus that we had on this was the portion of the parcel to the south. The Credit Union proposes that will remain as a greenbelt area. When they do expand, if and when they do expand, the intention is to leave that area, as large as it is, a greenbelt and a buffer between the residential portions to the south. They will have no intention of expanding into that area in the future. Right now, the property is available and the Credit Union doesn't have any immediate plans of expansion, although the first thought that comes to mind for the Credit Union for expansion would be something along the lines of a drive-through kiosk. As far as any further expansion of the building, there are no plans at this particular time, although it is conceivable that they will need some additional room, but there are no expected plans for a large expansion of the building in the future. As I indicated, the property is available. The Credit Union has some long range plans and that's the reason why we're here and we asking for the zoning change, so that they can then go forward and make those plans and come to the City and present those future plans at the appropriate time. Mr. Walsh: Are there any questions for the petitioner? Mr. Piercecchi: Sir, on the current property where the Credit Union is located, is that lot 173 feel along Six Mile Road and 286 feet in depth? Mr. Daguanno: The property that the Credit Union is currently on? 12 Mr. Piercecchi: Yes. I know it's 286 feet deep, and the last 100 feet was retained as RUF because that was a split lot. My dimensions here indicate it's 173 feet in width on Six Mile Road. I just wanted that verified. And if those dimensions are correct, sir, the size of the building that you currently have on there now is 5,500 square feel? Mr. Daguanno: Yes, I believe so. David Busdeker, President, Michigan Columbus Federal Credit Union, 30419 Six Mile Road, Livonia, Michigan 48152. Yes, that's correct. That's very close to correct. Mr. Piercecchi: My notes here say 5,520 square feet. Doesn't that leave a lot of room on that property? That's got to be roughly over an acre of properly that you have there. Mr. Busdeker: The southern portion of that property is zoned RUF. Mr. Piercecchi: Only the bottom 100 feel? Mr. Busdeker: Yeah, the bottom 100 feet. Mr. Piercecchi: But you have 286 feet from that line up to Six Mile Road. Mr. Busdeker: Yeah, that's correct. The building itself sets back about .... I don't really know how far it is, but in the front is where we park cars. We have some parking in the back for the employees. But right now, everything is pretty much parking lot. There's not any room to really expand at this point. We couldn't do a drive- through or we couldn't do a drive-through kiosk. There just wouldn't be enough room for people to tum around and not cause problems on Six Mile. Right now we have about 15 spots and then maybe eight more spots for the employees. So we probably have 25 parking spots, somewhere in that neighborhood. Mr. Piercecchi: Twenty-five parking spots would be roughly 5,000 square feel. And you've got 5,000 in the building. I don't know exactly how much you have on each side of the building. Mr. Busdeker: Probably the other thing I should say is, we do have a substanfial greenbelt to the west of the building between the properly that we're proposing and the building itself. It's about a 30 fool greenbelt that runs the whole west side of the property. Its kind of a small woods. We've kept that greenbelt there 13 thinking that was something we should do between the property to our west and the Credit Union. Mr. Piercecchi: But sir, if worse came to worse, would that property be available for expansion or parking orwhalever? Mr. Busdeker: I suppose some would, but there's just not very much there. I think maybe if you could seethe building and the way it sets, it's kind of set diagonally the way it was built. Mr. Piercecchi: I've driven into your parking lot. Mr. Busdeker: Okay. Mr. Piercecchi: But I didn't have guidelines on the right and that. Mr. Busdeker: Yeah, there's really not a lot of room. I wouldn't know what direction to expand. If I expanded out the back, I would take all my employee parking. All my employee parking would be gone at that point because I could only expand about maybe 25 feet, 20 feel, because at that point, I'm coming up to the part that's zoned RUF. Mr. Piercecchi: Thank you. Mr. Morrow: One of my concerns here, based on what you said, it sounds like you're going to have a minimal expansion to the west. Mr. Busdeker: Yeah. One of the reasons we were trying to purchase the property and have it rezoned is because it came up for sale. It's right next door to us, and I mean, as you grow, you need to expand. I mean we don't need to expand tomorrow, but two or three or four years from now possibly. I mean we're not talking about tripling the building in size. Mr. Morrow: I guess that is my dilemma because we're trying to protect the residential to the west. If we open up that whole parcel to OS, what you're asking for, we could start what we perceive as a domino effect. As one commissioner, I'd like to say that your business is an asset to Livonia. You run a very good shop. And I don't have a problem with your expanding a little bit to the west, which would mean not to rezone the whole parcel. Rezone the parcel that you need in an OS classification and leave the balance in the current zoning. Here again, we can't condition zoning. What you say tonight is you don't have any intentions to do that property, but in two or three years, 14 somebody might come along with an attractive offer. Being in the business of money, it might be pretty hard to refuse. What you say tonight doesn't condition it because you can change your mind in a couple years. Mr. Busdeker: There's a couple of things that come into play that you may not be aware of that I probably should tell you about. We're federally regulated and credit unions are a cooperative. The people that belong to the credit union are actually owners of the credit union, and federal regulation does not allow me to buy land for speculation. Now that doesn't mean I couldn't buy it and sell it two years from now, but I can't buy it with that in mind. In other words, as I'm buying this property, if everything works out, our federal examiner would come in and ask us, "Do you intend to build on it?" And we would say yes because we really do. We aren't buying it to built another structure to rent out or keep it for 10 years and sell it at some kind of a great profg. That's not really our intent, nor can that legally be our intent. Mr. Morrow: I guess my question is what I just said, a viable alternative to the whole lot being OS. I mean, I don't know what your plans are, how much more space you need. Mr. Busdeker: Yeah, I would have to talk to my Board of Directors about that and discuss that with them and see what they might be willing to talk about. Mr. Morrow: Well, we dont want to develop that tonight. Those are just my thoughts and l appreciate your input. Thankyou Mr. LaPine: I guess Mr. Morrow is basically coming from where I'm coming from. Once we rezone it, you can sell it. Now I know federal credit unions operate differently than the Michigan credit unions. I understand that, but most credit unions, around here anyways, are going to be drive-throughs. The Michigan Education Credit Union just built a new facility, and everybody has to have a drive-through because that's what the clientele wants. They don't like to park their cars and run inside. They can just zip in and out. I would assume if you were going to put in a drive- through, you would probably add to the west of your building and then have the drive-through come through there, because I don't know how else you would do it. I can understand what you're trying to do here, but on the other hand, I think as Mr. Morrow pointed out, we're trying to protect the residential homeowners to the west. I would have no problem if you came 15 in with a plan and said you need only 50 percent of that property zoned. You buy the whole parcel, then you'd be stuck with the back portion still as residential basically. But until I know exactly what you're going to do with this, I would be reluctant to give you a blanket office classification only because it always worries me, like Mr. Morrow says, if somebody comes in and offers you $1 million for the property. Mr. Busdeker: I understand. Mr. Shane: I am on the same wavelength as my colleagues. I'm having trouble with expanding the rezoning in my mind anyway, and I'm reticent to do it without knowing a little bit more about what your plans are. I don't know how much of that property you need to use. I dont know how much of that property would make sense to rezone. There's loo many questions. If you're going to ask me right now to make a decision, I'm going to make a denial decision because I don't have any more information. This is a residential area to the west, and I need to be convinced that what you want to do there is compatible with the area, and right now I'm not. Thank you, Mr. Chairman. Mr. Alanskas: It sounds basically like you would like to put a drive-through in that facility. On credit unions when you have a drive-through, how much does that increase your business roughly? Mr. Busdeker: Its reallyjusl a convenience. I'm nolsure it would increase our business as such. Our Credit Union is a closed chartered credit union. You can only belong to our Credit Union if you belong to the Knights of Columbus in about six counfies - the Knights of Columbus and their families. So someone who lives across the street, for instance, couldn't join the credit union. So it wouldn't be so much an expansion of the business as it would be a convenience for the members we have now. Mr. Alanskas: How many members do you have? Mr. Busdeker: We have about 6,000. Mr. Alanskas: The reason I ask is because earlier this year we approved a credit union to go in on Middlebelt Road, and they put a drive- through in. It's four lanes. That's a lot of traffic. Mr. Busdeker: Yes. Mr. Alanskas: That means that they get a lot of customers. 16 Mr. Busdeker: I know the credit union you're speaking of, and they have since changed their charter to become an open charter. Mr. Alanskas: So I'm just wondering, if by chance this did go through and you put a drive-through in, there is a possibility that it may still be loo small for you. You may want to expand somewhere else. Mr. Busdeker: We had always thought if we wanted a drive-through, we would probably have to have two lanes at least. Mr. Alanskas: At least two lanes. Mr. Busdeker: Yeah, I'd be kidding you if I didn't tell you that. Mr. Alanskas: As another commissioner, I just hale to see this properly go from a residential to OS. Thank you. Mr. Walsh: Are there any other comments or questions for the petitioner? Seeing none, at this point I'd like to go to the audience for the public hearing. The petitioner will have an opportunity to make final comments. Is there anybody in the audience that wishes to speak for or against this petition? Robert Davis, 30503 Six Mile Road, Livonia. I live adjacent to the property, the proposed rezoning property, just west next door to 30445 Six Mile. I've been in the building industry for 40 years myself, and I know the situation that relates to the rezoning. I can appreciate some of the dilemmas that people get involved in, but in this particular case, it's more on a personal basis rather than on a professional. I talked to the neighbor next door when we originally bought the property from the neighbor next, the suggested rezone person. He at that time told me he was convinced that he would raise his family there, and that's one of the reasons my wife and I wanted to buy the property and build our own home there, basically our retirement home. I guess there's a lot of reasons I could give you why I wouldn't want it to be rezoned. I think we are all entitled to a little privacy, a little longevity, and we don't want people just arbitrarily saying,' Well, we got a good deal on this piece of property and we can move in and gel it rezoned, and we're not really concerned about your welfare" I guess I could make other comments, but that's basically what it amounts to. We'd like to live the way we are and leave it as it is. 17 Mr. Walsh: Thank you, Mr. Davis, for coming this evening. Is there anybody else in the audience wishing to speak for or against this petition? Seeing no one, before I close the public hearing, the petitioner would have an opportunity to have some final words if you desire. Mr. Busdeker: I think I would just like to address the Commission by saying the Credit Union has been there for 25 years approximately. I have been the President and CEO for about 12 years. We have always been very respectful of the neighbors. That's one of the reasons we have maintained the greenbelt that we do have. We've never had any trouble with any neighbor on any sides. We've always tried to keep our properly very, very nice, and we always make sure that we have security and that people aren't using the properly when they're not supposed to be. Things like that. I can understand someone's concern, but I guess I would just like to tell the group that we would continue in that vein and be respectful of the neighborhood and try to be good neighbors. Mr. Morrow: Just kind of pursuing what I had said earlier, we can proceed with this petition that is before us tonight, or tabling is always in order if you want to go back and discuss the viability of perhaps split zoning or at least splitting off a parcel that would accomplish your purpose and come back to us. So I just want to lel you know there is that option. Mr. Busdeker: Oh. Okay. Mr. Daguanno: We would request that you do table it and give us the opportunity to come back. Mr. Morrow: Well, I will offer that motion. I don't know if I will gel any support for it, but as long as I know you want to add that service to your customers, if that's a viable option for you, we'll see how the Commission feels about it. Mr. Daguanno: Okay. Mr. Walsh: Mr. Morrow? Mr. Morrow: I offer that tabling resolution to, let's say, after they have had a chance to gel back to the staff and let them know when we can bring it back to our agenda and remove it from the table so its not a dale certain. On a motion by Morrow, seconded by LaPine, it was ra RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on December 14, 2004, on Petition 2004-11-01-15, submitted by Michigan Columbus Federal Credit Union requesting to rezone properly at 30445 Six Mile Road, located on the south side of Six Mile Road between Oporto Street and Ryan Road in the Northwest 1/4 of Section 14 from RUF to OS, the Planning Commission does hereby recommend that Petition 2004-11-01-15 be tabled. A roll call vole on the foregoing resolution resulted in the following: AYES: Morrow, La Pine, Walsh NAYES: Alanskas, Shane, Piercecchi ABSTAIN: None ABSENT: Smiley Mr. Walsh: We have a tie and the motion fails. I am seeking another motion. On a motion by Shane, seconded by Alanskas, and unanimously adopted, it was #12-160-2004 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on December 14, 2004, on Petition 2004-11-01-15, submitted by Michigan Columbus Federal Credit Union requesting to rezone property at 30445 Six Mile Road, located on the south side of Six Mile Road between Oporto Street and Ryan Road in the Northwest 1/4 of Section 14 from RUF to OS, the Planning Commission does hereby recommend to the City Council that Petition 2004-11-01-15 be denied for the following reasons: 1. That the proposed change of zoning is incompatible to and not in harmony with the surrounding zoning and land uses in the area; 2. That the existing office zoning along Six Mile Road west of Middlebell Road adequately provides for office uses in this area; 3. That there is no demonstrated need for additional office services in this area; 4. That the proposed change of zoning is inconsistent with the Future Land Use Plan designation of low density residential land use for the subject area; and 19 5. That the proposed change of zoning would lend to encourage future requests for similar zoning changes along Six Mile Road in the area to the west of the subject property. 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 have a comment. Between a mile and a half and two miles, upscale properly is along Six Mile Road. It extends almost to Farmington Road, and I'm concerned about the domino plan here where once you start picking away at it, it could come down the road where maybe a part of this land is another ballgame. But I think right now that Six Mile Road in that area is really an asset to our City, and I think it's worth leaving the area as it is, especially as we have no demonstrated need for additional office services. We don't know when this person will expand or if it ever will happen. So I think at this stage of the game a motion to deny is in order, and in the future, if something comes up again, we'll take it when it arises. Mr. LaPine: Mr. Piercecchi makes some good points, but I'm looking at it from the standpoint that here we have a business that's been in operation for over 25 years. He's now at a point where he's thinking about it, but he doesn't know exactly what he wants to do. He wants to expand. He's been a good citizen there. The property is well kept. I've been by that place in my 50 years of Irving in Livonia many, many limes. All he is asking tonight is to table this so he can go back to his Board of Directors and maybe come back to us and give us an idea of exactly what he wants to do. Ithink after 25 years of being a good business here in Livonia, I think he's entitled to at least that consideration. Mr. Morrow: I agree with everything that Mr. LaPine said, but I'm also going to vote for the resolution as offered by Mr. Shane solely because I don't want to have it held up with another lied vote, and let him move on to the City Council where they can make the final determination, either for the current zoning as requested, or perhaps they'll bring forward an amendment to that zoning request. I think they can do it if you're not increasing the zoning. Thatsall l havetosay. 20 Mr. Walsh: Thank you, Mr. Morrow. Just for the record, I will be voting in support of the resolution so it can move forward, but you will have the benefit of our comments this evening, and an opportunity perhaps to change your petition before you get to the City Council because you have another step to go. So with that, if there are no additional comments, would the Secretary please call the roll. Mr. Pieroecchi: Mr. Chairman, this will be a motion to deny? Mr. Walsh: Coned. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go onto City Council with a denying resolution. YY:4 k'iFF).9=kIIII I[a]i!IKiIi151ErY&klk'J I i! RZeLV IN4A0=61 fill h Mr. Piercecchi, Acting Secretary, announced the next item on the agenda, Petition 2004-11-02-34, submitted by Min Com Real Estate requesting waiver use approval to operate a real estate business at 35000 SchoolcraR, located on the north side of SchoolcraR Road between Ellen Drive and Riverside Drive in the Southwest 1/4 of Section 21. 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. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated November 24, 2004, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. The Engineering Division has no objection to the proposal or the approximate legal description." The letter is signed by John P. Hill, Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated November 16, 2004, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate a real estate business on property located at the above -referenced address. We have no objections to this proposal and have no concerns 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 21 Division of Police, dated November 23, 2004, which reads as follows: "We have reviewed the plans regarding a proposal to operate a real estate business at 35000 Schoo/craft Road. We submit the following recommendations for your consideration: (1) The exterior lighting should be operable when the business is open during the hours of darkness for safety and security reasons. Lights should be aimed so as not to disturb the neighbors. (2) The parking lot should be re -stripped and the handicap parking spaces must be individually posted. (3) Install a STOP sign for exiting vehicles." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated November 24, 2004, which reads as follows: "Pursuant to your request of November 10, 2004, the above -referenced petition has been reviewed. The following is noted. (1) The parking lot needs some repair, resealing and double striping. (2) The landscaping needs maintenance. (3) There is gmffff on the southeast wall of the building, which needs to be removed. (4) There is wiring and conduit in disrepair on the south face by the address. (5) The building needs tuck pointing repair in several areas. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Is the petitioner here this evening? Joseph Manuel, 36728 Seven Mile, Livonia, Michigan 48152. Good afternoon. I applied for this petition for waiver use for a real estate office. I've been a real estate broker for approximately 18 years. I'm from Canada. I've been in Michigan for approximately four years. I have a lot of experience in managing and running a real estate operation. Prior to my purchasing this building, I was the President for Remerica Real Estate Commercial Division with approximately 650 agents and brokers. We purchased this building and we have a very, very good intention in running an operation there. We have currently 40 real estate agents. It's a wonderful building. It does need some cosmetic work and some maintenance because it was vacant for some time. We will follow the recommendation of the Inspection Department to make sure the building is well maintained and well groomed. We have absolutely no problem with that. I have put a lot of my money in this building. I want to make sure it stays beautiful and pride of ownership is very, very important to me. Real estate agents and brokers play a very large role in any community, especially neighborhood watching. We're open 9 to 6 on a daily basis, but during evening hours, we do have agents 22 come in from other communilies and have meetings, somefimes board meetings, whatever the case is. They do keep eyes on the communilies. So I do ask the Board to approve my pefifion for waiver use. We will follow the recommendation to make sure the building is cleaned up. We did already some of the work. We did some landscaping. The graffiti was removed. Resealing the parking lot and putting the lines there will be done hopefully in the Spring. For the conduit, a sign permit will be applied for, and we will be using that conduit. But currently, I did ask my electrician to make sure these wires are safe and not a danger to anyone. As stated, there are approximately 32 parking spaces, so I do believe there is enough parking for the usage. And there is a wall separating the residential from the commercial from our office, so we're not going to be a bother to anybody, and we do intend to be quiet, safe and a respectable neighbor. Regarding the light, I believe there was some questions regarding the light. There are sufficient lights facing the parking lot on the neighbors. I did inspect the lights and there is a timer on the lights. They go on, I believe, 6:00 in the evening; they go off at 9:00 a.m. in the morning. Other than that, I am a Livonia resident. This is a great city. I just moved here from Canada four years ago, and I have full intentions of slaying in business here and doing business here. We are already acquiring some other real estate offices in different cities, but this particular office will be where my head office will be. Thank you. Mr. Walsh: Are there any questions from the Commissioners? Mr. LaPine: I just have two questions. The floor plan that you submitted - that must be from when it was a doctors office? Mr. Manuel: Yes, sir. Mr. LaPine: I notice you have on here a chemical lab and working lab. You mentioned something about having 40 agents. How many employees will be working out of this site? Mr. Manuel: Three people. Mr. LaPine: Just three people. That's all I have, Mr. Chairman. Mr. Alanskas: Sir, it says that we have graffiti on one of the walls, the southeast wall. How would you take the graffiti off? 23 Mr. Manuel: Well, I hired someone to take it off. They spent several hours Mr. Morrow: trying to remove it. There were partially successful. They used Mr. Taormina: some paintthinner, I believe. Mr. Alanskas: The reason I ask is because a lot of times, they will just paint over the graffiti, and then when it dries, where the new paint is it looks worse. Can you scrape it down and possibly paint the Mr. Manuel: whole side of the wall? Mr. Manuel: No. It's really hard to paint because its all brick, natural colors, Mr. Morrow: and we tried to remove it. I think in the springtime we will try to Mr. Manuel: power wash it or maybe sandblast it. That's the only thing we can do. Mr. Alanskas: Okay. Thankyou. Mr. Morrow: Just one question. Looking at your plan, it appears that you're going to have all your trash internally stored. Mr. Manuel: No, sir. There is a container. We had leased a container. I believe a four -yard container is in the rear, so it would be on the northeast corner of the building. I don't think it's on the plan, but we have a four -yard container. So its a small container. We just want to keep R. Mr. Morrow: Is it currently onsite? Mr. Manuel: Yes, sir, and it can be picked up everytwo weeks. Mr. Morrow: But it's not on this plan? Mr. Manuel: No, its not, sir. Mr. Morrow: Does it conform with our dumpster regulations? Mr. Taormina: It will have to be screened from public view and that typically means that they will have to provide some kind of wall, usually a masonry enclosure around three sides of it with a gate opening for access. Mr. Manuel: There is already a wall in the rear of the container, but there's no walls on either side or the front. Mr. Morrow: You will conform to our ordinance as far as screening? Mr. Manuel: I have no problem with that. 24 Mr. Morrow: The reason I ask is because you are close to a residence, and that can create some sort of a noise problem with the neighbor, so I would look forward to you having it picked up during normal business hours so they're not coming at 3:00 in the morning and dumping it out. Mr. Manuel: We made it very clear when we ordered the container, the only time the trucks will come in is 9:00 in the morning or between 9:00 and 6:00. Mr. Morrow: Not outside your hours? Mr. Manuel: Absolutely. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one in the audience, I'll close the public hearing and seek a motion. On a motion by Alanskas, seconded by Shane, and unanimously adopted, it was #12-161-2004 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on December 14, 2004, on Petition 2004-11-02-34 submitted by Min Com Real Estate requesting waiver use approval to operate a real estate business at 35000 Schoolcraft, located on the north side of SchoolcraR Road between Ellen Drive and Riverside Drive in the Southwest 1/4 of Section 21, the Planning Commission does hereby recommend to the City Council that Petition 2004-11-02- 34 be approved subject to the following conditions: 1. That the following issues as outlined in the correspondence dated November 24, 2004, from the Inspection Department shall be resolved to that department's satisfaction: - Repair, resealing and double striping of the parking lot as needed; - Maintenance and/or restoration of the landscaping as needed; - Removal of graffiti on the southeast wall of the building; - Wiring and conduit repair on the south face by the address; 25 - Tuck pointing repair to the building as needed; 2. That this approval shall incorporate the following recommendations listed in the correspondence dated November 23, 2004, from the Traffic Bureau of the Division of Police: - Provision of properly marked and individually posted handicapped accessible parking spaces; - Installation of a STOP sign for exiling vehicles; 3. That all exterior lighting equipment provided on the site shall be shielded so as to deflect light away from adjacent residential properties and shall not exceed a maximum height of 20 feet above grade; and 4. That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be maintained and when not in use closed at all times; Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 9.03 and 19.06 of the Zoning Ordinance #543; 2. That the subject site 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. Shane: I will support this but I would ask the maker if he would add condition 4 relative to the requirement for a dumpster enclosure. Mr. Alanskas: Thatwould be no problem at all. 26 Mr. Walsh: We have a motion made and supported. Is there any discussion on the motion? Seeing none, would the Secretary please call the roll? 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 PETITION 2004 -08 -SN -08 MITCHELL'S Mr. Piercecchi, Acting Secretary, announced the next item on the agenda, Petition 2004 -08 -SN -08 submitted by Mitchell's Fish Market requesting approval to attach metal structures to the exterior walls of the restaurant located at 17600 Haggerty Road in the Southwest % of Section 6. On a motion by Piercecchi, seconded by LaPine, and unanimously approved, it was #12-162-2004 RESOLVED, that the City Planning Commission does hereby recommend that Petition 2004 -08 -SN -08, submitted by Mitchell's Fish Market, requesting signage approval for the restaurant located at 17600 Haggerty Road in the Southwest''/. of Section 6, be removed from the table. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Walsh: Before we move on to the consideration of this agenda item, as an employee of SchoolcraR College, who is the owner of the properly upon which this restaurant will sit, as I've done in the past, I will remove myself from the discussions and vote and turn the floor over to Mr. Alanskas. Mr. Alanskas: Thank you, Mr. Chairman. Mr. Taormina? Mr. Taormina: Mitchell's Seafood Market is one of three freestanding full service restaurants that will be located at College Park. On October 27, 2004, the Planning Commission reviewed and approved the Sign Package for Mitchell's. It included a number of wall and awning signs as well as modesty panels. Included with that petition were two icons, a painted fish and painted lobster graphics. Those two items were tabled for further consideration. Mitchell's has replaced what was originally going n to be painted wall graphics with metal wall sculptures. The lobster and the fish would be formed out of metal and mounted to the restaurant's exterior walls. This illustration shows where the fish icon will be placed on the north building elevation. This is a detailed view of how that would appear. The lobster would be placed on the west elevation of the building. The structures as proposed would extend about five inches out from the wall. They would be illuminated using ground mounted lighting. They total approximately 60 square feel each in size. We did discuss this issue with the petitioner and requested that they reduce the size to something that was more closely aligned to the original painted graphics, which were about 46 to 48 square feet in size. We have not received any new information relative to any changes in the size of those structures. Mr. Alanskas: Mr. Nowak, is there any correspondence? Mr. Nowak: There is one item of correspondence from the Inspection Department, dated December 6, 2004, which reads as follows: "Pursuant to your undated request received December 1, 2004, the above -referenced petition has been reviewed. This Department has no objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Alanskas: At this time, are there anyquestions forthestaff before we goto the petitioner? Mr. Morrow: You said we had no feedback from the petitioner relative to the size reduction? Mr. Taormina: Scott Miller did have a conversation with the project architect. Al least the initial indication was that it would not be a problem for them to reduce the size of both graphics. Mr. Morrow: But it was verbal? It's not official? Mr. Taormina: We have not received anything to that effect other than a verbal confirmation. Mr. LaPine: Did we ever find out about the configuration and the reason it was larger because the length and the width didn't match? Remember we talked about that at the study session? Mr. Taormina: In terms of what was originally submitted? za Mr. LaPine: Yes. Mr. Taormina: Yes, looking at the data more carefully, we realized that there was some discrepancy between what the architect was showing as the area where the two graphics would be placed and the actual dimensions of the graphics. They were actually providing two different dimensions, so when we looked at the actual size of the graphic, it was somewhat smaller than what was initially reported. Mr. LaPine: What is the final color going to be? Do we know that at this point? Mr. Taormina: All I can say is that this would be a somewhat accurate representation. It may have some bluish tint to it, possibly trying to represent the metal, but I guess that would be a question for the architects. Mr. LaPine: Okay. I just was curious. I've never seen a blue lobster. Mr. Alanskas: Would the petitioner please come forward and give us your name and address please for the record? Steve Singleton, 17600 Haggerty Road, Livonia, Michigan. Mr. Alanskas: Is there anything else you'd like to bring forward to the Commission this evening? Mr. Singleton: No. Mr. Alanskas: Are there any questions for the petitioner? Mr. LaPine: Where is this being fabricated al? Mr. Singleton: I believe it's going to be in Columbus, the Columbus Sign Company. Mr. LaPine: Do you know exactly what the colors are going to be? Mr. Singleton: Honestly, I do not. I'd have to confer with the Knauer Group or the architect. Mr. Alanskas: You are the Director? Mr. Singleton: General Manager. Mr. Alanskas: Two questions for you. It's going to be five inches from the wall? Mr. Singleton: Yes. Mr. Alanskas: And holds it's going to be Id? Mr. Singleton: I believe the illumination ... if I can pass this over to you. I've got the specs for the lighting. Mr. Alanskas: Will there be lighting going onto the wall? Mr. Singleton: I think its ground mounted and its a split light where it's going to shine on the sculpture. Mr. Alanskas: Because that's a question that we did have. While he's passing that out, what are these going to weigh? Mr. Singleton: Honestly, I do not know. Mr. Alanskas: You don't know. Mr. Singleton: I'd have to confer with the Knauer group. I couldn't imagine they would be too heavy being that they're going to be mounted on a brick wall. I think it's just going to be a shell. Its not going to be like a complete structure. It's just going to be a steel fabrication. Its very, very light. Mr. Alanskas: It will be steel? Mr. Singleton: I'm not sure. Mr. Alanskas: Because steel can rust. Mr. Singleton: Well, its stainless steel. We've erected a 25 foolslainless steel fish in Newport, Kentucky, on a five fool concrete rock. Mr. Alanskas: Do you have these mounted on any other facilities, restaurants? Mr. Singleton: No, this is something new. This is the first one. Mr. Alanskas: Most of them are painted on the wall? Mr. Singleton: Yes. 30 Mr. Alanskas: Of course, there's always the question, we are treating this tonight as art and not as a sign because in our ordinance, a sign is any type of device affixed to a building that directs attention a business, and I'm sure that these will be drawing attention to the restaurant. Mr. Singleton: Absolutely. Mr. Alanskas: So the question is, again, is it a sign or is it art? We are treating it this evening, Mark, as art? Mr. Taormina: That final determination will be made by the Inspection Department. For our purposes, we are treating this more or less as an amendment to the original approved building elevation plans. Mr. Alanskas: If we do approve this, and it turns out it is considered signage, then they would have to gel a variance from the ZBA? Mr. Taormina: That is correct, and that language has been placed in the approving resolution. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? If not, a motion is in order. On a motion by LaPine, seconded by Morrow, and adopted, it was #12-163-2004 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that the request to attach metal structures to the exterior walls of the restaurant located at 17600 Haggerty Road in the Southwest I/ of Section 6, in connection with Petition 2004 -08 -SN -08, submitted by Mitchell's Fish Markel, which previously was approved by the City Council on October 27, 2004 (Council Resolution 516-04), be approved subject to the following conditions: 1. That the metal wall art package submitted by Knauer Incorporated, as received by the Planning Commission on December 1, 2004, is hereby approved and shall be adhered to, except for the following: - That each metal sculpture shall not exceed an overall area of 50 square feet; 2. That these metal sculptures shall not be illuminated beyond one (1) hour after this business closes; 31 3. That if it is determined by the Inspection Department that the proposed sculptures are considered signs, then this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto; and 4. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the permits are applied for. Mr. Alanskas: Is there any discussion? Hearing none, would the Secretary please call the roll. A roll call vote on the foregoing resolution resulted in the following: AYES: LaPine, Morrow, Alanaskas, Shane, Piercecchi NAYES: None ABSTAIN: Walsh ABSENT: Smiley Mr. Alanskas, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Mr. Walsh returned to the Board at 8:50 p.m. ITEM #5 APPROVAL OF MINUTES 895' Public Hearings and Regular Meeting Mr. Walsh, Chairman, announced the next item on the agenda, Approval of the Minutes of the 895th Public Hearings and Regular Meeting held on November 16, 2004. On a motion by Shane, seconded by Alanskas, and unanimously adopted, it was #12-164-2004 RESOLVED, that the Minutes of 895" Public Hearings and Regular Meeting held by the Planning Commission on November 16, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Shane, Alanskas, LaPine, Shane, Piercecchi, Morrow, Walsh NAYS: None ABTAIN: None ABSENT: Smiley 32 Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 897th Public Hearings and Regular Meeting held on December 14, 2004, was adjourned at 8:52 p.m. ATTEST: John Walsh. Chairman CIN PLANNING COMMISSION Daniel Piercecchi, Acting Secretary