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HomeMy WebLinkAboutPLANNING MINUTES 2013-08-13MINUTES OF THE 1,042 ND PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, August 13, 2013, the City Planning Commission of the City of Livonia held its 1,042nd Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Lee Morrow, Chairman, called the meeting to order at 7:00 p.m. Members present: Scott P. Bahr R. Lee Morrow Lynda L. Scheel Carol A. Smiley Gerald Taylor Ian Wilshaw Members absent: None Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program Supervisor, were also present. Chairman Morrow 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 request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten 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 2013-07-02-17 50 SIPS WINE Ms. Scheel, Secretary, announced the first item on the agenda, Petition 2013-07- 02-17 submitted by Nicole Grenon requesting waiver use approval pursuant to Section 10.03(8) of the City of Livonia Zoning Ordinance #543, as amended, to utilize an SDM liquor license (sale of packaged beer and wine) in connection with a specially food and wine store (50 Sips Wine, L.L.C.) at 37522 Ann Arbor Trail, within the retail strip center located on the north side of Ann Arbor Trail between Newburgh Road and Horton Avenue in the Northeast 1/4 of Section 31. August 13, 2013 25901 Mr. Taormina: This is a request to utilize a Specially Designated Merchants license, or an SDM liquor license, which would allow for the sale of packaged beer and wine products within an existing retail step center located on the northeast comer of Ann Arbor Trail and Horton Avenue. This is properly that is approximately 300 feet west of Newburgh Road. The size of the parcel is 0.82 acres. It includes 225 feel of frontage along Ann Arbor Trail and 134 feel of frontage along Horton Avenue on the west side of the property. The current zoning of the property is C-1, Local Business. There is a commercial retail building on the property. It measures roughly 7,150 square feel in gross floor area and can be divided into seven tenant spaces. Currently, there are five businesses in the strip center, including 50 Sips Wine. There is one vacant unit. The other tenants include American Appliance, which occupies two of the units, Groomingdales Pet Grooming, Thomas Labs, and Family Cuts. 50 Sips Wine is a specially food and wine store. It will be occupying the west end - cap unit in the shopping center. The unit measures approximately 975 square feel in area. SDM liquor licenses require waiver use approval under Section 11.03(8) of the zoning ordinance. The petitioner has indicated that they would like to utilize the subject SDM license in order to sell wine and to conduct wine lasting events. As an SDM licensed business, 50 Sips will be allowed to conduct wine lasting events on the licensed premises under certain conditions. These are rules recently promulgated by the Michigan Liquor Control Commission and as they relate to wine tasting events for SDM licensed businesses. The following conditions have to be mel: (1) The customer cannot be charged for the tasting of wine; (2) Tasting samples provided do not exceed three servings at up to two ounces of wine, and a customer shall not be provided more than a total of three samples within a 24-hour period; (3) The merchant must first obtain an annual wine lasting permit from the MLCC, and the MLCC has to be notified, in writing, at least 10 working days prior to the event. A couple of other conditions are (1) that the merchant, agent or employee must first successfully complete a server training program, and (2) beer and wine used for the tasting must come from the Specialty Designated Merchants inventory. There are a couple of special provisions that apply to SDM licensed businesses. One is that they cannot be located within 500 feel of any existing SDM licensed establishments. There is one existing SDM-licensed business currently in operation within this specified distance, and that's the 7 -Eleven store which is at the southwest corner of Newburgh and Ann Arbor Trail. It is located roughly 500 feet from the proposed store. So approval of the SDM license this evening would have to be subject to the waiving of the August 13, 2013 25902 separation requirement by the City Council by a supermajodly vote in which two-thirds of the members concur. The other requirement is that the proposed business cannot be located within 400 feet of any church or school building. 50 Sips does comply with that provision of the law. The closest existing church is Cornerstone Church which is at the northwest comer of Newburgh and Ann Arbor Trail, and that's roughly 490 feet away. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Morrow: Please Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated July 30, 2013, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced waiver use approval request. The written legal description is correct. The address for this site is confirmed to be 37522 Ann Arbor Trail. It appears that 50 Sips line will occupy the building and no site work is anticipated outside the building. Thus, no anticipated review would be required by the Engineering Department." The letter is signed by Todd Zilincik, P.E., City Engineer. The second letter is from Division of Police, dated July 23, 2013, which reads as follows: "1 have reviewed the plans in connection with the petition. I have no objections to the proposal." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The third letter is from the Division of Police, dated August 1, 2013, which reads as follows: 'We have reviewed the plans in connection with 50 Sips line - SDM License, located at 37522 Ann Arbor Trail (within the retail strip center located on the north side of Ann Arbor Trail between Newburgh Road and Horton Avenue in the Northeast 1/4 of Section 31). After reviewing the plans with the Chief of Police, we have no objection to the waiver being granted contingent that the petitioner complies with all state laws, city ordinances, stipulations and conditions set by the Livonia Police Department Liquor Investigation Unit as approved by the Chief of Police, stipulations and conditions set by the Traffic Bureau of the Police Department. We are available to provide any additional information you may desire on this subject." The letter is signed by Jeffrey W. Ronayne, Special Services Bureau. The fourth letter is from the Inspection Department, dated August 12, 2013, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. The petitioner is located closer than 500 feet from an existing SDM license. A waiver from Council would be required to maintain this deficiency. This Department has no further objections to this August 13, 2013 25903 petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Does the Commission have any questions of the Planning Director? Seeing none, is the petitioner with us this evening? We will need your name and address for the record please. Nicole Grenon, 50 Sips Wine, L.L.C., 18285 Wormer, Detroit, Michigan 48219. Mr. Morrow: Thank you very much. You've heard the presentation by the Planning Director. Tell us a little bit about your operation. Ms. Grenon: 50 Sips Wine will be a specialty food and wine store selling only domestic products, including wine. I brought samples of some of the sluff that we have like zucchini relish. I have syrups, an olive oil tasting bar where you can serve yourself and taste as well. Those are the types of food products we have. Also some jellies and other vinegars and such in addition to the wine. Mr. Morrow: Tell us a little bit about the wine tasting and sale. Ms. Grenon: Under the stale license, as Mark staled, I'm allowed to give six ounces per person during a taste. In the paperwork I have, it says you can do six one -ounce pours but if it's now three two - ounce pours, that's fine, but it cannot exceed six ounces total per person. Mr. Morrow: So will they be domesfic wines or will they be imported wines? Ms. Grenon: They will be domestic wines. Michigan, California, Oregon, Washington. Ohio we'll have right away, and Virginia and New York right away. We'll add as we go. Mr. Morrow: When will you start your operation? Ms. Grenon: The wine tastngs wont begin until probably September. Mr. Morrow: Based on the approval process? Ms. Grenon: Yes. Mr. Morrow: But you are open now? Ms. Grenon: Yes, for the food products. Mr. Morrow: The food products. Let's see if we have any questions of you from the Commission. August 13, 2013 25904 Mr. Taylor: Were you in this type of business before, or what did you do before this? Ms. Grenon: I just retired from the Air Force, so this is my retirement to myself. Mr. Taylor: How long were you in the Air Force? Ms. Grenon: Twenty years. Mr. Morrow: Well, we thank you for your service. Mr. Taylor: Thank you for your help. So this is a new venture for you then? Ms. Grenon: Yes. I have a Masters Degree in Business that I obtained during my service. Mr. Taylor: Do you have a partner. Ms. Grenon: I do not have a partner, no. Mr. Taylor: Okay. Well, good luck. Thank you. Ms. Smiley: Could you tell us what your hours of operation would be. Ms. Grenon: Right now, they are Monday through Saturday from 10:00 a.m. Monday and Tuesday we close at 5:00 p.m. Wednesday through Saturday we'll close at 7:00 p.m. I am permitted Sunday sales under the Michigan Liquor Control Commission license. However, I'm not sure at this time if I will be open on Sunday, but if I were, it would be like 12:00 p.m. to 5:00 p.m. Ms. Smiley: Just to confirm, you're already operational with your olive oil and jellies and those kinds of things. Ms. Grenon: Yes. I have a license from the Department of Agriculture for a food establishment license that was already granted. Ms. Smiley: Okay. Thank you Ms. Scheel: The wine tasting portion, is that something by event only or any time someone stopped in and wanted to taste a certain wine that they're interested in? Ms. Grenon: From what I understand, its anytime. But if I have a special event where I'm doing something extra, then what the license and the permits that I have is for, that's when I have to do the 10 day notice to the State to gel a special event permit. August 13, 2013 25905 Ms. Scheel: Thankyou. Mr. Wilshaw: Are you going to be carrying any beer products at your store? Ms. Grenon: Not at this time, no. Mr. Wilshaw: Just wine, okay. How did you decide to gel into this type of business as you thought about what sort of business you'd want to start? Ms. Grenon: I love food and wine. Because of all the places I've traveled and all the wine tastings I've been to, I tried to combine the best of my experiences at all the different food and wine places to roll it into what I want to offer my customers at the store. Mr. Wilshaw: Excellent. And you've had an opportunity, I believe you said at our study meeting, to meet with the owner of the 7 -Eleven that's nearby. Ms. Grenon: Yes, he came over once he got the letter. Mr. Wilshaw: Okay. And he's okay with you operating your business knowing that its really not serving the same type of market that his is? Ms. Grenon: Yes, he offered to lel me advertise in his window. Mr. Wilshaw: Very good. That's good business on your part. Excellent. How are your patrons going to know about these wine tastings? Are you going to have an invitation list that you're going to email people or people sign up to be notified of these tastings? Ms. Grenon: I do have a web site that has a calendar of events on it where they'll be listed there. People who sign up for the mailing list will receive an additional notification. They'll get a direct email from me. There's a web site called Iocallineevents.com where you can post events for free, and then there's other social media, Twitter and Facebook, that you can advertise on. Mr. Wilshaw: Excellent. Okay. So you have a few methods that you've already thought of to promote your business and let people know that it's out there. And of course, the five or six people in the audience that are listening as well will gel an opportunity to know about your business and hopefully visit it as well. Ms. Grenon: I'm also a member of the Detroit Regional Chamber of Commerce and just met with Dawnne Toppa from the Livonia Chamber to sign up for that as well. August 13, 2013 25906 Mr. Wilshaw: Good. You can also probably give a ring over to the Observer and lel them know about your business. They always like to highlight new businesses that are opening up and show what they do and lel people know about these new businesses in the community. That's another thought. So it sounds like you have a very unique niche that you've come up with, a high scale food and wine store. I think it sounds very nice. Thank you. Mr. Morrow: One final question inasmuch as Mr. Wilshaw brought out the fad that you have a web site, would you share that with us tonight? Ms. Grenon: Yes. Its 50sipswine.com. Mr. Morrow: Thank you very much. If there are no more questions, I'm going to go to the audience. Is there anybody in the audience that wishes to speak for or against the granting of this petition? Sir, we'll need your name and address for the record. Thomas Eidson, 9721 Newburgh Road, Livonia, Michigan. We are within walking distance of the location, and we are in favor of the application. We would like to see that strip mall succeed as well as possible. Mr. Morrow: Thank you. Is there anyone else? Seeing no one coming forward, a motion would be in order. Mr. Taylor: I love wine loo, so I'm going to ask for an approving resolution. On a motion by Taylor, seconded by Wilshaw, and unanimously adopted, it was #08-46-2013 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on June 11, 2013, on Petition 2013-07-02-17 submitted by Nicole Grenon requesting waiver use approval pursuant to Section 10.03(8) of the City of Livonia Zoning Ordinance #543, as amended, to utilize an SDM liquor license (sale of packaged beer and wine) in connection with a specialty food and wine store (50 Sips Wine, L.L.C.) at 37522 Ann Arbor Trail, within the retail strip center located on the north side of Ann Arbor Trail between Newburgh Road and Horton Avenue in the Northeast 114 of Section 31, which properly is zoned G7, the Planning Commission does hereby recommend to the City Council that Petition 2013-07-02-17 be approved subject to the following conditions: 1. That the use of an SDM liquor license at this location shall be permitted only under the circumstances that the August 13, 2013 25907 standard set forth in Section 10.03(8)(1) of the Zoning Ordinance, which specifies that proposed SDM licensed establishments shall not be located within five hundred feet (500') of any existing SDM licensed establishment is waived by the City Council; and 2. The Petitioner shall not engage in any form of solicitation for business within the public right-of-way of Ann Arbor Trail. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use of an SDM liquor license at this location complies with all of the special and general waiver use standards and requirements as set forth in Sections 10.03 and 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed SDM liquor license; 3. That the proposed SDM liquor license is compatible to and in harmony with the surrounding uses in the area; and 4. That the granting of this petition will not increase the number of SDM liquor licenses in the City of Livonia. 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. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Good luck. Ms. Grenon: Thank you very much. Mr. Wilshaw: Was there a request for a seven day waiver on this? I'm going to offer that. Mr. Morrow: My comments still apply. Mr. Wilshaw has another resolution. On a motion by Wilshaw, seconded by Scheel, and unanimously adopted, it was #08-47-2013 RESOLVED, that the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure, regarding the effective date of a resolution after the seven-day period from the August 13, 2013 25908 date of adoption by the Planning Commission, in connection with Petition 2013-07-02-17 submitted by Nicole Grenon requesting waiver use approval pursuant to Section 10.03(g) of the City of Livonia Zoning Ordinance #543, as amended, to utilize an SDM liquor license (sale of packaged beer and wine) in connection with a specially food and wine store (50 Sips Wine, L.L.C.) at 37522 Ann Arbor Trail, within the retail strip center located on the north side of Ann Arbor Trail between Newburgh Road and Horton Avenue in the Northeast 1/4 of Section 31. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. The reason we are moving this forward is because the young lady is already in operation and we'd like to see her gel up and running as quickly as possible. ITEM #2 PETITION 2013-07-02-18 MOTOR CITY PAWN Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2013- 07-02-18 submitted by Mark Aubrey requesting waiver use approval pursuant to Section 11.03(v) of the City of Livonia Zoning Ordinance #543, as amended, to operate a pawn shop (Motor City Pawn Brokers) at 17235 Middlebelt Road, located on the west side of Middlebelt Road between Six Mile Road and Curtis Avenue in the Southeast 1/4 of Section 11. Mr. Taormina: This is a request to operate as a pawn broker. The proposed location is on the west side of Middlebelt Road between Six Mile and Curtis Avenue. It's roughly 400 feel north of Six Mile Road. The property measures about 1.56 acres in area. It includes 211 feel of frontage along Middlebelt Road and has a parcel depth of roughly 447 feel along its east property line. The property is divided into two zoning classifications. The easterly 280 feel is zoned G2, General Business, and consists of an 11,713 square fool building and surrounding parking area. The westerly 178 feel is zoned OS, Office Services, and consists of what is left over from a parking lot from the previous business. The building on this site has been vacant for several years. Its previous occupants included a karate school and more recently a fitness center. Looking at the surrounding area, to the south are a variety of commercial buildings that front along Middlebelt and Six Mile, most of which are zoned C-2, General Business. To the west are the Brookview Park site condominiums zoned R-1, Single Family Residential. To the east across Middlebelt Road are commercial properties under the C-2 zoning August 13, 2013 25909 classification. Directly to the north is the site of the Valley Woods condominiums, which is zoned R-7, Multiple Family Residential. Motor City Pawn Brokers currently operates a pawn shop in Livonia. It was established before the passage earlier this year of the amendment to the Zoning Ordinance that made pawn shops a waiver use in the C-2 zone. The existing business is located on the south side of Grand River Avenue between Inkster and Eight Mile Road. The Petitioner has stated that if this request is granted he will more than likely continue operating the Grand River store. Motor City Pawn Brokers is family owned and has been operafing since 1990. They have four locations currently. They are in Roseville, Warren, Livonia and Ferndale. Pawnbrokers are regulated by the Stale of Michigan. In general, they provide short term loans on mostly all merchandise of value. Loans are typically for periods of three months but can be extended or renewed. By law, the interest that pawnbrokers are allowed to charge is restricted to three percent per month. Pawn shops are now treated as a waiver use under Section 11.03(v) of the City of Livonia Zoning Ordinance. There are three special requirements that apply to pawnbrokers under that provision of the law. The first is that there shall be no outdoor sales, storage or display of merchandise; secondly, ingress and egress shall be available from a public street having an existing or planned right-of-way width of at least 120 feel as shown on the master thoroughfare plan; and thirdly, there is not a similar use within 1,000 feet measured from any property lines. In terms of the parking, this is the site plan that shows the location of the building in relationship to the parking immediately behind the store. Required for this type of use would be the sum total of the various uses within the building. When we break that down by the amount of retail area within the structure, that is computed on the ratio of one space of every 150 square feet of floor area. We also look at the number of employees, computed on the basis of one parking space needed for each employee, and then also the amount of area devoted to storage. The parking for that is computed at a ratio of one space for every 500 square feel of useable floor area. All combined, Motor City Pawn Brokers would be required to have a total of 56 parking spaces. The site plan indicates that there would be 42 striped parking spaces available to customers and employees, mostly in the parking lot directly behind the building. There is additional parking available to the south but the condition of that lot currently is very dilapidated. For any additional parking or overflow parking to occur there, improvements to that parking area would be required. This shows the breakdown of the various uses within the building, including the showroom area, various storage areas, employee access as well as restrooms August 13, 2013 25910 that would be provided for customers and employees. This is a rendering of the front of the building and the improvements that would be made. In general, it would include painting the building and all trim work around it. In terms of signage, while he's not showing any particular wall sign, there would be a need to change the monument sign out front to advertise the new business. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Morrow: Please Mr. Taormina: There are four items of correspondence. The first dem is from the Engineering Division, dated July 30, 2013, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced waiver use request. The written legal description is correct. The address for this site is confirmed to be 17235 Middlebe/t Road. The City of Livonia will require storm water detention for this site, because the petitioner is proposing to reconstruct the existing parking lot. The petitioner will need to submit plans that will follow Wayne County storm water ordinance which falls under their jurisdiction for review and approval meeting their requirements. There is an existing 184nch storm line along the west side of Middlebe/t Road, heading north that discharges into the Tambusi Creek. Middlebe/t Road is under thejurisdiction of Wayne County. Any proposed work within the Wayne County right -0f --way would require a permit. A soil erosion and sedimentation control (SESC) permit will be required and involve separate plans to be submitted if the proposed site is one (1) acre or more or within 500 feet of a lake or stream. This permit and associated fees will be handled by the Engineering Department before any work commences." The letter is signed by Todd Zilincik, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated August 5, 2013, which reads as follows: "1 have reviewed the petition for a waiver use approval to operate a pawn broker facility on the property at the above referenced address and have noted the following. (1) This proposal is a change of use for the address in question. This requires that the location must conform to current NFPA 101 standards, 2012 edition, for New Mercantile Occupancies. (2) Chapter 35, New Mercantile Occupancies, and Chapter 7, Means of Egress, must be conformed to which includes Emergency Exit Signs, Emergency Lighting, Exit Pathways, Travel Distance, Occupant Load, and Extinguisher Requirements. These issues and other code requirements will be addressed during the plan review process. We advise that no use of this facility be conducted prior to inspections and approval of any/all NFPA codes relating to New Mercantile Occupancies. Providing that all details in August 13, 2013 25911 regards to New Mercantile Occupancies are followed and inspected prior to tenant use, this department has no objections to this petition." The letter is signed by Daniel Lee, Fire Marshal. The third letter is from the Division of Police, dated July 24, 2013, which reads as follows: "1 have reviewed the plans in connection with the petition. 1 have no objections to the proposal." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated August 12, 2013, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. (1) This building is required to be registered in the vacant and abandoned program per City Ordinance 2844. All required fees are to be paid,, inspections shall be conducted and any and all violations shall be corrected. A certificate of re -occupancy shall be issued after the conditions set forth in 15.51.090 (E) are fully satisfied. (2) The parking lot shall be repaired or replaced and restriped as necessary. Parking spaces shall be 10' wide and 20' deep and double striped. (3) Barrier free parking spaces shall be provided per code and be property signed, pavement striped and property located. (4) This petition is a change of use and would require that the building meet all current Michigan Building Codes including the Michigan Barrier Free Code. This will be addressed further at the time of our plan review if this project moves forward. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. I'll note too, Mr. Chairman and Commissioners, that we have received and you have in your possession all the letters received and email correspondence from the neighbors. I count a total of 20 letters, all of which are in objection to the proposed use. These are mostly from persons residing in the vicinity of the proposed Motor City Pawn Brokers. To capsulize what those concerns are, they express the concem for safety, attracting a criminal element to the neighborhood, property devaluation and that the proposed use would be contrary to the goal of the City being family oriented. Mr. Morrow: The Commission is in receipt of all of those letters, and I assure you they've all read them prior to this meeting. With that, are there any questions of the Planning Director? Seeing none, is the petitioner here? Mr. Bahr: Mark, you touched on this briefly but I think it's probably worth just emphasizing for the record because I know we had the question at the study meeting. I imagine some of the people here do as well. The existing pawn shops in the city, can you just say again why those were here without coming before this Board whereas this one is coming before this Board? August 13, 2013 25912 Mr. Taormina: It is because of the recent change to the Zoning Ordinance that requires pawn shops to be treated as a waiver use requiring the same type of review that is being considered this evening. That amendment to the ordinance was enacted in January or February of this year. It's a relatively new change to the code. The existing pawn broker shop on Grand River near Eight Mile Road preceded the enactment of that ordinance, and I think there's another one on Middlebell Road which was approved just prior to the enactment of the ordinance. Mr. Bahr: Thanks. Mr. Morrow: Is the petitioner here this evening? We will need your name and address for the record please. Tony Aubrey, 43459 Chardonnay, Sterling Heights, Michigan 48314. Mr. Morrow: You've heard the presentation. You can add to it and make any comments you'd like to make. Tony Aubrey: Thank you. First of all, I'd like to tell you that my son, Mark, and myself, we've been doing this for a few years. We have several locations. They are all flourishing well. As far as an explanation for the industry, there's a great need in Michigan for the underemployed, for the senior citizens, for many aspects of different people from different walks of life that use our services. Michigan has the lowest interest rate in the country as far as pawn brokers. We also serve a purpose for people that are on fixed incomes that need money for gasoline or utility bills or medication. Myjob here tonight is to convince everyone that we don't cater to some undesirables. We cater to hard working people that just need us because they're unbankable. Our competition is not second hand dealers. Our competition is truly banks. There's 80 million people in the United States that are unbankable, and we fill that void for the person that is unable to get that credit from the bank. They bring their collateral to us and we are able to give them a low interest loan. We enjoy a 92 percent redemption mtio. Most of our customers do come back for their merchandise. We comply with all the ordinances and the police regulations in every city that we're in. And another reason I feel that we minimize the false perception that some people may have of what this industry does is because when a customer comes into our store, they have to hand us their Michigan state ID or drivers license. We enter this information into the computer. We take their thumb print. We give a detailed description of the item that they brought and within 24 hours we submit it to the local police department. In addition to August 13, 2013 25913 that, as you said earlier, we have an existing store on Grand River just south of Eight Mile. It's a 4,500 square fool building. Within two to four months, that building will be full. This is merely an extension off that because of the demand in the area. There really is very few legitimate pawn shops. We consider us a legitimate pawn shop. We don't cheat the customer. I welcome everyone to visit our locations. They're extremely clean, extremely professional. We give an extensive training program to all our brokers. There isn't really a legitimate one west of Telegraph going all the way to Ann Arbor. As I said, our stores are the cleanest in Michigan. They will continue. No blight or crime. This building, like you said, has been vacant for quite some time. It is in need of extensive repair. We plan on spending hundreds of thousands of dollars to renovate the building. We also anticipate to employ 25 new employees all from the area. Also to employ contractors to renovate the building. We have a training program for our brokers and their starling pay is equivalent to the Big Three. We also offer a health care program through Blue Cross. Within a year, 25 new jobs, good paying jobs also I might add. My son, Mark, would like to touch on some facts that some of our neighbors here may not be aware of. Mark Aubrey, Motor City Pawn Brokers, 43333 Chardonnay, Sterling Heights, Michigan 48314. What I would like to talk about really is two things here that I could also pass around to you if you would like. One of which, a year long study that was done in North Carolina. What this is, is a problem solving for police and police departments. Its a year long study they've done regarding the correlation between pawn shops and burglaries and crime in the area. After about a year of data analysis, what they have found is there is absolutely no correlation between a true pawn broker and crime in local communities, which is all here if you'd like me to pass it around. Another thing I would like to talk about is our training manual. About 50 percent of our training manual, what R consists of is a customer screening process. What I mean by that is, we train our managers and employees to screen every customer that comes in with an item, meaning for stolen merchandise, for example. If there is a guitar, for example, that comes in, we require employees to ask questions regarding how they acquired it or what they know about. If they do not know anything about it, they would turn it away. What we have experienced in the past several years is less and less stolen merchandise that comes into our pawn shop. As a matter of fact, it's less than 1/20th of 1 percent, which is less than the national average. And for that reason, we very rarely see stolen merchandise or those kinds of customers come into our stores. Like my father mentioned, our stores are clean. I think a lot of August 13, 2013 25914 the false perceptions that many people are here for tonight is because of maybe reality TV shows. If you're familiar with Hard Core Pawn or some of the shows that are on TV, that is actually the opposite of how we operate. We don't operate anything like them. As a matter of fad, I can't remember the last time we had an unhappy customer or a customer screaming or fights outside or fights in the parking lot. We actually have none of that. As a matter of fact, we don't have any security guards and we haven't had any problems in 30 years. What we consist of mainly is a quick, confidential lmnsaction that mainly takes three to five minutes. The customers are in and out. As a matter of fact, at two of our four locations, we don't have a showroom. We don't have an area where customers can come in and shop. Its strictly collateral loans. I think that is what most people miss, and when they think pawn shop, they think of the reality TV shows or certain movies. Its a bad depiction of what we're about and what we do. What we do is service the financial customer or the customer who is unbankable or underbanked, which is millions of Michiganders. That's what we're about. That's what I brought here to show you. I really think people have the wrong perception. If they went to any of our stores, they would see a clean store, no irate customers, quick confdenfial transactions. It's in and out and we do a lot of good in the community and a lot for the people in the banked and underbanked. That's all I would like to add. Thank you. Mr. Morrow: Just one follow-up question. For the benefit of the Commission and the audience, kind of walk us through. Your customer comes in to pawn an item. What happens after that and tell us about your loan policy and things of that nature. Mark Aubrey: Sure. What our customer would do would bring in collateral, which could be anything from a musical instrument from a tool to a piece of jewelry. They would come in to get a collateral loan. Our collateral loan consists of a three month loan. That three month loan is at a three percent interest rate, which is three percent a month. So for example, if a customer borrowed $100 to fill up their gas lank, let's say, it would cost them $3.00 per month, plus in Michigan you're allowed a $1.00 storage fee. So really it's $4.00 per month. That loan is for three months. Whether they would take the option to make the interest payment every three months to extend it if they can't afford to get it out after three months, they would pay the $4.00 times 3, which is 3 months, which is $12.00. They would pay $12.00 to extend that loan for another three months. That's mainly what we do. Whether people need gas money to get to work, to pay for bills, to pay their electric bills. Whatever it may be, that's what we're here for and that's what our loan consists of. August 13, 2013 25915 Mr. Morrow: Thank you. Let's see if the Commission has any questions Ms. Smiley: I would assume that you have some kind of security inside the building. What kind of security do you have and what would that involve? Mark Aubrey: As a matter of fad, we don't have any security. My father opened his first store in Warren 30 years ago and we have not had one problem. Like I said, we don't gel the riffraff. We don't attract any riffraff. We don't attract any crime. We're strictly confidential and quick transaction. We haven't seen any problems in 30 years. It's a bank for the unbanked and the under -banked. So we dont see any problems at all. Ms. Smiley: Whatlype of articles are typically sold in yourstore? Mark Aubrey: Sold? We take a wide range of items. Jewelry, musical instruments, tools, electronics, TVs, laptops, firearms, you name it. A wide range of items. Ms. Smiley: How many firearms would you sell in a year? Mark Aubrey: How many firearms would we sell in a year? As far as selling, I would say in the hundreds. As far as collateral loans on firearms, in the thousands. What I mean by collateral loans is we don't get a chance to sell them because 92 to 95 percent of our customers come back for their merchandise. They would use a firearm as collateral to receive a loan which is mainly what our business is. We're really not in the business to buy and sell like most people would think. We lake in collateral to give the customer a loan. If you're counting firearms as far as loan items, ifs in the thousands. Ms. Smiley: Okay. And this collateral, you have no protection for it, like your employees are not armed? Mark Aubrey: The manager at each store has a firearm on them. We have an FFL license which is a Federal Firearms License at each store, which is a federal license, as well as we need a stale and city, which is why we're here. Every manager is armed. We have a bulletproof cage for security of jewelry. We have high tech safes, actually the best safes in store jewelry. So as far as security in that regard, the customers' merchandise, is very good. Ms. Smiley: Have you had any incidents or problems at your sites? August 13, 2013 25916 Mark Aubrey: We have not had one problem in 30 years. I can't recall since I've been doing it as well as my father, for 30 years we have not had one incident of any crime. Ms. Smiley: Okay. And you haven't unwittingly fenced or sold items that were stolen? Mark Aubrey: No, ma'am. No. That us knowingly was stolen, no. Not at all. Like I said, I have my training manual here. We strictly discourage taking in stolen merchandise, and we tryto prohibit it as much as possible. That's how we operate all of our stores. Ms. Smiley: If you took an item per se, like an automobile or something, you would have that person's title for that automobile and use that as collateral? Mark Aubrey: Correct. They would have to have the title and if there was a lien on the title, they would have to have the lien released, so the car would have to be paid off. They would have to prove ownership, registration as well as their drivers license. Yes. Ms. Smiley: And this would include your store in Livonia as well as your other stores? Mark Aubrey: The store in Livonia does not take automobiles strictly because I know Livonia prohibits outdoor storage of items, so we do not do that. We do that at the other three locations, which is Ferndale, Warren and Roseville. Ms. Smiley: Something like a computer or a television, would you have a sales receipt on those? How could you establish ownership? Mark Aubrey: Just by what I said in our training manual. If it's a new item, we require receipts. If it is a used item, we do the best we can to establish ownership. For example, if a laptop has a password on it, we would require the customer to have the password. If not, we turn it away. That's one example. Like I said, in our training manual we do the best we can to try to screen every customer that comes in. I would say about 6510 70 percent of customers bring in the same collateral. So if they bring in one item, it's a first time customer, they bring in a laptop, about 65 percent of them bring in the same item repeatedly to get a loan. They would pick it up, bring it back, pick it up, whenever in need of a loan. That's about 65 to 70 percent of our business is repeal items and repeal customers. Ms. Smiley: Thankyou. August 13, 2013 25917 Mr. Wilshaw: Just to expand on Ms. Smiley's questions. It sounds to me like what you're telling me is that basically you have to try to determine if someone is the rightful owner of a product, if you can't definitively establish it, through some sort of paperwork. So if I come in say with my lawnmower, its my word against yours that it's my lawn mower, and you have to basically interrogate me with a few questions to try to determine if d really is my mower. Is that correct? Mark Aubrey: Exactly. What we would do is ask you simple questions which most criminals would not know. What is the brand? What is the model number? How do you start it? You'll be surprised what kind of customers don't know that kind of information and the ones that do not, we turn away. We've built a reputation over the years in that regard to where we don't see many criminals any more. We see the working person that needs a collateral loan, and like I told Mrs. Smiley, it's repeat items. Seventy percent of our customers are repeat customers, as well as their items. Seventy percent of their items are repeat items. It's mainly a collateral loan business. It's really not what you see on TV. Like I mentioned earlier, two of our, half of our stores don't even have showrooms, so we're strictly in the collateral loan business and in the financial service industry, not so much the buy -sell like some other businesses that use the word pawn are. Mr. Wilshaw: You mentioned that your store in Livonia is not going to take in cars. Are you referring to your current store in Livonia or are you referring to this store? Mark Aubrey: I'm referring to both of them. Per Livonia ordinance, it is illegal to store any outdoor items, so we would not be able to take cars at both locations. Mr. Wilshaw: Okay. You are required by stale law to house all the merchandise that people bring in for collateral on-site at all times. Mark Aubrey: That is correct. Yes, the item would have to be on-site and it would have to be available to the customer. If they were to come in to redeem their item, we would have to have access to R to give it back. Mr. Wilshaw: So you can't tell them, hey, come back in a couple days while I go gel it out of storage or something? Mark Aubrey: No. Absolutely not August 13, 2013 25918 Mr. Wilshaw: You said that you comply with local requirements or stale requirements to report your items that you intake to the police. Can you explain that process to us a little bit? Mark Aubrey: Yes. Every item that comes in, we would require from the customer a finger print, their right thumb print actually, their drivers license, ID number, expiration date, their address as well as the item model number, sepal number and description of the item. That would be uploaded every 48 hours to the local police station as well as other police stations in Michigan. Mr. Wilshaw: That's a system called LeadsOnline. Mark Aubrey: There's a system called LeadsOnline which we do at three of the four locations. Ferndale is the only one who doesn't do it because they haven't required us to do so yet, but I'm sure in the future they will. Right now in Ferndale we hand it to them in paper form which it would be the same thing, the same reporting. Mr. Wilshaw: You use that in Livonia as well, that system. Right? Mark Aubrey: In Livonia, we use LeadsOnline. Yes. Mr. Wilshaw: Okay. I read an article in one of the local papers from Iasi year, June of 2012, Iasi year, about a law suit that you had initiated against the City of Warren about complying with the LeadsOnline system. What's the status of that situation? Mark Aubrey: That is accurate. That is resolved. That is accurate because of the fact that the City of Warren wanted to charge us a transaction fee of 50 cents per transaction. What that does, like I was explaining the loan. Mr. Taormina mentioned that we're only allowed to charge 3 percent. So on some of these loans, we're only allowed to make 50 cents. So if we're only allowed to make 50 cents and the City of Warren wanted to charge us 50 cents, that would basically wipe out all of our profit on that loan. So that was the complaint that we had with the City of Warren which is resolved now. Mr. Wilshaw: Okay. And the City of Livonia does not ask you to pay a 50 cent fee or anything like that? Mark Aubrey: The City of Livonia is not charging for LeadsOnline. No. Mr. Wilshaw: Okay. Those are my questions for now. Thank you. August 13, 2013 25919 Ms. Scheel: You referred to a training manual that you have for your employees. Mark Aubrey: Yes. Ms. Scheel: If there was an instance where you were found to have accepted stolen merchandise, how does your training manual speak to that, and is there any penally that's issued by the cities that you're in or the stale where you're licensed for accepting stolen merchandise? Mark Aubrey: Yes. Like I said, our employees aren't super detectives so once in a while one piece of stolen merchandise will fall through the cracks, and if that does happen, sometimes the local police station or neighborhood police officer would confiscate the merchandise. So it's to our benefit not to take stolen merchandise because if the item had been confiscated, we would lose out on our money, as well as the merchandise, which is why we are very strict when it comes to screening the customer and try to figure out who is the true owner, which 99.9 percent of the time, it's a true transaction. Ifs the actual item of that customer who just needs a loan and needs to make ends meet. That's pretty much it. Ms. Scheel: Is there a penalty assessed to your business if there's stolen merchandise accepted at all? Mark Aubrey: Well, the penalty would be we lose out on our money. We would lose out on our money as well as the merchandise. There's really no upside for us to take such merchandise. Ms. Scheel: Okay. Thank you. Mr. Taylor: The Council in their wisdom a few months back decided to make this a waiver use in a zoning district. They did that mainly because of the problems we might have with this type of a business coming in. The way you describe your business, it sounds like you should change your name from a pawn shop to some sort of a loan outfit because you're whitewashing the pawn shop image I know with what you do. And you may have a very legitimate business. I don't know that. But then, you know, there may be a need for this type of business in certain places, but I don't think it's needed in Livonia. Mr. Morrow: Please. This is a public hearing and please refrain from these outbursts, please. Mark Aubrey: They are in existence because they operate with a second hand dealer license and what they do is buy the merchandise from the customer, like I mentioned the $100 loan. What they would do is purchase a laptop for $100 and they would promise to sell it back to the customer within 30 days, not 90 days, which is the legal loan term, and they would sell it back to the customer in 30 days for a 30 to 40 percent markup. So the customer would have to purchase it back at $130 or $140 versus if they came to August 13, 2013 25920 Mark Aubrey: And I would respond to that as I strongly disagree only because I have the facts and I have the data. And the data is, there is an extremely strong demand in Livonia, as well as the surrounding communities, and I see that at our Livonia location now. People are coming in droves. They need loans. They are not bankable and they need credit. So they bring their merchandise to us and we extend that credit to them. So Mr. Taylor, I'm sorry. I would have to strongly disagree with you because I have the fads on my side and I have the data. The reason for that is, the Livonia location is expanding faster than the other three locations that I have. And I see the merchandise come in droves and I see the shelves filling up. In two years, I filled up that store thinking that it would take five to len. The customers and the clientele in this area, there's an extremely high demand for what we do and for the financial service industry in this area. Mr. Taylor: You have a spot in Livonia. As far as I'm concerned, you have one now and I dont want to see another one. Mr. Bahr: You talk about the demand in the area. Do you keep records of where your customers are from? Mark Aubrey: Yes, Ido. Mr. Bahr: Can you tell me what percentage of your customers are from the City of Livonia? Mark Aubrey: Percentage of the customers from the City of Livonia, my best guess is anywhere from 30 to 40 percent. I would say 60 to 70 percent is from surrounding cities, I think Farmington, Redford, and Detroit. Mr. Bahr: You talked about this at the study meeting. You talked about it here. You've done a really nice job of explaining your perception of the difference between your operation and the other so called pawn shops. I just have to ask the question. How do those other pawn shops, if they're not operating according to regulations, how are they in existence? How are they not prosecuted? Mark Aubrey: They are in existence because they operate with a second hand dealer license and what they do is buy the merchandise from the customer, like I mentioned the $100 loan. What they would do is purchase a laptop for $100 and they would promise to sell it back to the customer within 30 days, not 90 days, which is the legal loan term, and they would sell it back to the customer in 30 days for a 30 to 40 percent markup. So the customer would have to purchase it back at $130 or $140 versus if they came to August 13, 2013 25921 a true pawnbroker, which is myself, it would be $104. That is the difference between the two, and what you see mainly in the State of Michigan and what most people are used to, is a buy- back store. There's only a handful of true pawnbrokers that I can maybe count on my fingertips, which most people I'm sure are not familiar with. What they are familiar with are the second hand dealer buy-back stores, which there are a few in Livonia, a few in Farmington as well as Redford, because of strict zoning ordinances for pawn shops and because of that, you see a lot of sort of speak illegal pawn shops. What they do is a buy-back for their customers. Mr. Bahr: You said that you don't have showrooms at your other locations. Did I hear that correctly? Mark Aubrey: I dont have showrooms at two of the four, which is in Femdale and Warren. Yes. Mr. Bahr: So what is the purpose of the showroom and I might add what appears to be a pretty large showroom at this locafion? Mark Aubrey: Only because it is a large location and some of the items we would have to showcase. The other reason is to show the customers which items we do lake. And just for the record, the showroom sales might account for maybe two to three percent of our total sales, which is not much at all. Mr. Bahr: Okay. You staled earlier, I thought, that 90 - 91 percent of your customers come back to get their items. How do those numbers add up? Mark Aubrey: Well, that's a different ... that's for the pawn. As far as total revenue, our sales in the showroom would account for two to three percent. Mr. Bahr: Also, just trying to get a better understanding of the operation of the business, what percentage of your customers are repeat customers? Mark Aubrey: I would say anywhere from 65 to 70 percent. Of those customers, I would say 6510 70 percent of their items are also repeal items. Mr. Bahr: Okay. I think that handles everything for now. Thanks. Mr. Morrow: I have one question. Assuming that you're not doing a lot of retail, and let's say the pawn is forfeited, what happens to that Rem after the pawn is forfeited? August 13, 2013 25922 Mark Aubrey: Ninety-five percent of those items are, number one, if its gold, it would be refined and wholesaled. Number two, if its an electronic item or tool, it would be sold on Ebay or at auction. If it's a firearm, it would also be sold at auction to a licensed firearm dealer only. The other two to five percent would be in the showroom. Mr. Morrow: Thank you. Are there any other questions? If you'll step aside, I'm going to go to the audience and ask them to come forward and speak to whether they are for or against the granting of this petition. Because of the number, we want to gel your message across. We dont want to gel into a lot of redundancy, but you will be allowed to speak. Is there anyone in audience wishing to come forward? If you would line up at either one of these podiums and we will need your name and address for the record. Before we gel started, make sure that your comments are directed to the Commission and not to the petitioner. We don't want to gel into any type of argument back and forth. So on that note, we'll start over here. We'll need your name and address for the record. Donna DelFavero, 29504 Bobrich, Livonia, Michigan 48152. 1 live right next door to the proposed pawn shop. My father moved us out here in 1948 when it was still a township and the malls were farms and we watched the changes being made in Livonia over the years. Its always been a family friendly oriented place to live and it's had a great reputation. Some of the businesses that we see coming into this community now aren't family friendly, and I don't think this pawn shop is going to be family friendly. I don't know of any business that has been in business for 30 years and has not had one problem. I think if this type of business comes into the community, it should be in a more industrialized area where there's fewer residences around. I dont know how any of you on the Commission would feel if a pawn shop were put right next door to your home, and that's what's happening to us that live in Valley Wood. We have children living there, and we just do not feel this is a safe thing. I love Livonia, and I'd like to see it stay a safe community -oriented city. Thank you. Paula Vomn, 17430 Brookview, Livonia, Michigan 48152. 1 live directly behind the pawn shop. I know this is an emotional pefition being brought up. I heard yesterday in the morning on talk radio, they were talking about this and people everywhere are looking at Livonia to see what Livonia is going to do about the situation. My mother was broken into on Christmas night. They actually broke into her house and went in her bedroom and they took her jewelry. That's it, jewelry and money, and that's all they took. I August 13, 2013 25923 talked to the police officer afterwards and he told me that this is common. That they do this a lot and they go right to the pawn shop because there's no sepal number or they can tell you whatever story they need to tell. I mean what do you say with jewelry? My grandmother gave this to me or whatever and you believe them, but people are desperate right now. I worry about teenagers in the area knowing that its close by that they would start ... you know, we dont have an ADT or anything, but if this would pass, I would feel I would absolutely need to gel ADT or something to guard my house and I've never felt ever, and people would laugh at me and they'd say, oh, you think Livonia is so safe, but that's basically the way I feel. If you dont lock your door, you don't worry about it, but if I knew that this was right in my backyard, which we live on the ravine and it's right on the ravine right next to us, I would feel that way. So thank you. Marsha Jones, Valley Wood Condominiums, 29466 Bobrich Street, Livonia. Michigan 48152. First of all, I'd like to say that I came to Livonia in '58, so it was a new city for me from Detroit. And I went to Bentley and growing up there, everybody was family and we helped each other. I see it now. I come back full circle. I left and came back to Livonia just from Sunset Hills Subdivision. That's where I grew up. And it's still the same. People are still home -bodied people. And I moved into Valley Wood seven years ago, and I fell right away at home and people look out for each other there. Having this pawn shop come in, it was like a shock to me. Like I said, I have never been one to come forward and speak up about something I disagree on, but this I'm definitely disagreeing on. We have Shooters, which is kitty corner to the Core gym, and they were broken into. Four men and a van came and stole 20 to 30 guns and came into our Valley Wood because there's no exit, but they didn't read the sign. The police got them, but its awful waking up in the morning to see the police force underneath your bedroom window looking for guns. I know now that there are more pawn shops in Livonia on Middlebell and Merriman, and I'm in agreement. I don't think we need another one. We've got a cash checking store across the street on Six Mile going east and a liquor store. We have six churches on Six Mile between Merriman and Middlebell and three day care centers in there. There is a school, Coolidge, which is in the subdivision that I grew up in, and I don't know. I just feel like people who come to these places are desperate, and that's all I have to say. Linda Dodd, 14387 Doris, Livonia, Michigan 48152. Hi there. I haven't been here as long as these ladies, but I've been here about 24 years and its a wonderful city. I just wanted to say I've been reading August 13, 2013 25924 a lot over the past year or two about Livonia's vision and our vision for the future. I think that two pawn shops in Livonia is sufficient. I happen to live by the Five Mile and Middlebelt one and didn't get a chance to speak on it. So that's why I came tonight. I just think Mr. Taylor is right on task. They have one in Livonia and that should suffice our needs at this point, and we should look to what our vision should be for the future. Dave Cunningham, 29533 Bobrich, Livonia, Michigan 48152. 1 live in the Valley Wood condominium area. I'll be very brief. I'm a 30 year resident of Livonia and I won't tell you the history of it. I'll just reiterate a lot of what people have said and that's why I'm here. I'm concerned about the safety, my safety and also the safely of my neighbors and I wish there was another altemative. I don't think a pawn shop in that residential area is a good idea. Thank you. Dolores Ackroyd, 16790 N. Stanmoor Drive, Livonia, Michigan 48152. 1 live less than half a mile from this establishment. I also own a condominium in Valley Wood, which I hope to move there at some point. I have an issue with this for several reasons. One is the density and diversification of business. There are already two; they own one. Secondly, this is a huge establishment. They say they don't have a showroom, but let's face it folks. This is going to be a showroom for the other places that don't have a showroom. With regard to them bringing jobs to the city and paying Big 3, let's face that one too. The Big 3 pay isn't anything now compared to what it was at one time. Mr. Morrow: Ma'am, address the Commission please Ms. Ackroyd: Yes, thank you. The business in and of itself is a predatory business. If someone does need that, they can travel a short distance up to Grand River and get the services. The density of business doesn't need to be increased to the point of having another one, which is why the Commission in their wonderful sight has made the waiver necessary. With regard, the FFL, the Federal Firearms License, I don't know how, if there's anyone here from Shooters but what that does for these gentlemen is it allows them to take delivery of a firearm shipped in from anywhere to someone who is not licensed. You cannot ship a firearm over a state line. So if I go on online and I want to buy an AK47 from Oklahoma, I have to find an FFL to ship it to, someone to take delivery of it, to look at the paperwork and give it to me. That more than anything is disturbing to me. We have Shooters Service who are very reputable. I have shipped firearms into the stale. They do a wonderful job. It is their business. They are thereto protect and do things property. The August 13, 2013 25925 FFL that these gentlemen possess allows them to lake delivery of firearms in our city and give them to anyone outside of our city. Anyone can come in from any city to FFL and get delivery of anything. So that more than anything is the most disturbing thing to me. You know, the FFL is said to keep them safe. Well, if their business is so safe, why do they need that? Nichole Majdali, 29463 Bobrich, Livonia, Michigan 48152. 1 just wanted you to see the face of somebody who walks home at night and I park against that wall. I just find it not good for our neighborhood, good for my safety. I fell very safe for 10 years here. I leave my window kind of cracked. It's locked but I just dont have a good feeling about this. I don't think it helps our city. I don't think it helps the value of my property and I just dont think it's a good thing. I've never seen reality TV. I dont think you need to see reality TV to know what a pawn shop brings into your neighborhood. So that's all. Spiro Neku, 15240 Arnold Drive, Clinton Township, Michigan. I'm here to support the Motor City Pawn even though I don't live in Livonia. I've been to their stores. Theyre very clean, neat. Their employees are courteous. They know what to do. I've been in there so many limes to pawn my sluff because I fell five years ago and broke my back and I lost everything. I didn't even know what a pawn shop was. Like they mention, it's for the people that aren't loanable, which I'm not because when I fell, I lost everything. They run a good business. I've taken most of my wife's jewelry there. Everything we own is there and I pawn it. I pay it every three months and if I need more money on my loan, if they can extend it and give me more money, they do it. I mean you see all kinds of walk of life walking in their stores. I've never seen a fight or a problem in their stores. I know there's a lot of negativity even though I don't live in Livonia. I wish there was one near me, but I have to go to the Roseville store and my daughter works at the police department. If they get stolen merchandise there, they send it out to the pawn shops what to look out for. Before I pawned all my sluff, for insurance purposes I look pictures of my jewelry. That way if something did gel stolen, I would take it to them and tell them keep an eye on it if this comes in, or if you received anything that looks like this. But every time I've gone in there, I overhear their employees. They ask for ID. They get their thumbprints. They ask them all kinds of questions. They take serial numbers down off the merchandise. I've never seen a problem at any of their stores and I've been to all of them, as much stuff that I've had to pawn to survive. August 13, 2013 25926 Myrtle Kelly, 30425 Lyndon, Livonia, Michigan 48154. I've been a resident for over 50 years. I love my city. I think it's a great city. I think City Council does a great job, but please, don't let us have this big new pawn shop. We don't need it. Thank you. Jim Rhoad, 17204 Brookview, Livonia, Michigan 48152. 1 can look out my deck and see this building. I have two teenage children that are home every day for two hours before I gel home from work. I understand that they say the element is low, one to two percent, but I still have concerns as a father that this potential one or two percent criminal element could be a fence hop away from my children. I am strongly opposed to this plan. Nancy Savageau, 19066 Norwich, Livonia, Michigan 48152. I'm a newcomer to Livonia. I was bom here in 1963. 1 came back here to raise my family. Drug my husband over from the east side. We've been really happy here and I think part of Livonia's attraction is that you've been able to attract and retain families. People stay here throughout their lives. We need to keep attracting families or families that are considering moving to Livonia, and driving down Middlebelt they see two pawn shops three miles apart. Are they going to say, wow, this is a place we'd like to live, or are they going to say, well, let's keep looking. Lets look in Novi, all the communities that we're competing with, Canton, Northville. Do they have pawn shops? I don't know, but it would certainly give me some concem if I was looking for a home if there were pawn shops in this area. And the other thing is, they're talking about spending hundreds of thousands of dollars to renovate the building and paying great wages, yet 50 cents a search for this police search to go through the records to see if items are stolen, that's loo expensive. We're paying the police. These police officers could be on the street. Instead they're combing through records and combing through stolen items, performing a service for them to make sure that their items aren't stolen. I just think that one pawn shop is enough. People can go other places. They can branch out. They can propose a store in Westland or Belleville or further western communities to service those folks. I don't think we need another one. Thank you. Jerry Morrone, 29622 Lamar, Livonia, Michigan. I live in the Sunset Hills subdivision, just north of their location. I listened to their presentation and I thought it was nice. However, I think this is the wrong type of business to bring into Livonia, especially in this area. One of the reasons is that by their own words, they said that their customers are in and out of there in five minutes, which is really great. However, I really doubt that they're going to be able to determine what is fraudulent ID or fake ID, lel August 13, 2013 25927 alone determine which items are stolen. These are major problems. Plus most of the people that have items stolen don't have good identification on their items. Therefore, this type of business encourages theft. I strongly disagree with this type of business being in this area. Thank you. Maggie Caldwell -Harrell, 17134 Brookview, Livonia, Michigan. While I'm a part of the community that here's today, I've lived in Livonia for 11- 1/2 years and I do love the city. I am a working woman, a career woman. My husband is retired and he is somewhat disabled, and we are aging. We live on Brookview. Literally, when I say I'm part of the community, what I want to stress more is, if they were to remove the fence where the medical building is, that business could become my backyard. What I would like to ask, I won't repeal a lot of the other things I've already heard said, but I heard the Commissioner ask the business owners what they have for security, and they said pretty much nothing, if I understood that correct. So what I would like to suggest if they are permitted to do this, we don't need them in our community because I did google pawn shops in Livonia today. I found four. I found theirs. I found two more on Middlebell by a different name. Well, four and one's right at Farmington. It's actually in Farmington Hills, but it's on Eight Mile. It's not theirs but it's a different one. So that's four pawn shops right in the Middlebelt area. If I wanted to pawn something, I could do that faster than I could gel to a grocery store basically because there's just a Kroger. We just don't need that. If they are permitted, and I hope theyre not, but if they are and because theyre right in my backyard and the risk of the clients that they may draw, I would like to ask that they be required to have cameras because that fence and the growth back there and you know, what are we going to have to protect ourselves? I mean I can just see us being cherry pickers. You know, someone just coming cherry picking us, our things. That's what l want to say. We don't need them. Michael Bell, 17177 Brookview, Livonia, Michigan. I live right across the street from that lady right there, and also be a neighbor to the new business. I heard a lot of good things from the people. I have six and eight year old daughters. My wife and I were both bom and raised in Livonia. We both decided to buy a house back in Livonia and raise our kids here in Livonia. My neighbor Jim said L We just don't get that safe feeling. They said it themselves. They do have one percent chance of undesirables or however you want to mention it. I don't want to be the one percent. I live right there in that backyard. He also said that only 30 or 40 percent of his business is from Livonia residents. I think the pawn shops in Livonia that they already own should be able to August 13, 2013 25928 suffice that 30 percent just fine without having to add any more pawn stores. That's all I have to say. Thank you. Nikia Brockinglon, 29456 Bobdch, Livonia, Michigan. Valley Wood condos. I am a single female. The reason why I bought my condo in Valley Wood is for safety. I stay alone. I work different hours, and I work in the inner city. I know what's it's like to watch the reality shows. I don't watch it because I live R. When I come to Livonia, I want to feel safe. I want to feel like my home is my home. If they put that pawn shop next door to me, I won't feel safe. I won't feel like Livonia is my safe haven anymore. So I'm really, really opposing this pawn shop being next door to me. I work odd hours. I come in the middle of the night sometimes, and you never know what's next door, and I do not want a pawn shop next door. Ron Cooper, 17232 Brookview, Livonia, Michigan 48152. I've been a resident of Livonia for my whole life, 51 years. Our backyard, sitting on our patio, would also face this business. I have teenage kids and I also have a 10 year old that frequently would cut through the field or around the street over to the Steak in Shake or up to the corner. I'm not sure that if this business was allowed to be put in this area that they would be able to do that anymore. I also have major concerns about home ownership and home values in the area going down because of this business coming in. To piggyback off of something that the gentleman who supported the business, he said that he drove a long way to go to that pawn shop because they were so good. Well, if we already have one in Livonia, I'm sure anybody in Livonia who needed a pawn shop could go to one that we currently have. We do not need a second pawn shop. Thank you. Brian Dukay, 36886 Harper, Clinton Township, Michigan. I'm here in support of the pawn shop. I've known the Aubrey family now for several years. They have multiple locations. I have been in and out of every one of their establishments, even in the back of the buildings. If this were a bank that were opening up, nobody here would be questioning it at all. They'd be opening up; they'd feel safe. The reality is, you've got a better chance of robbery in a bank than you do in a pawn shop. What they do is collateral loans. That's what they do. I've been in their stores. I've seen their customers. I've seen their relationships. I've seen the people they work with. Unbelievable. Unfortunately, reality TV has really brought a bad name to legitimate working businesses. As a result, we have the turnout that we have tonight. Some other type of business, we wouldn't even be questioning it. These people have great relationships with the customers. You come in; you're comfortable; you're by first August 13, 2013 25929 name basis. I think it would be an asset to the city. I think it would be an asset to the community. They invest money into their businesses. They redo them. They keep them clean. They keep them safe. They keep them groomed. They even landscape them. I think it would be a travesty if you turn around an opportunity to take a vacant building and a vacant piece of land and turn it into something useful. Mr. Morrow: Thankyou foryour input Denise MacMartin, 17370 Brookview, Livonia, Michigan 48152. 1 am also right behind the pawn shop that they want to propose. I have a problem with, they said one percent is undesirables and that they've had nothing happen in their store. What about outside of their store? I mean we already have the liquor shop, the cash shop. I mean there's so many things right around there that people will hang out and loiter. I have children. I don't want them to have to worry about walking to Walgreens. I dont think this is something we should have in our community. I moved here when I was 15 and I moved only two blocks away from my mother when I got married 29 years ago. There is no reason for us to have another pawn shop in Livonia. I am opposed to it totally. Sandy Taylor, 30633 Lyndon, Livonia, Michigan. My house happens to be right by the other pawn shop on Middlebelt. These people here are telling you how they feel, that their perception about a pawn shop. For many people, perception is reality, and for me, I feel the same way. My reality when I saw that pawn shop going on Middlebelt, I couldn't wait to get home and tell my husband, there's a pawn shop on Middlebelt right by our house. I believe it's a slippery slope. When I start seeing check cashing stores go in, pawn shops, that's not a good sign. To me, that's a slippery slope. That's a tale of the limes. I'm going to take them al their word that they're everything that they say they are, but when I think about the perception of them, right or wrong, perception is reality for a lot of people. If I was coming to Livonia now like I did 15 years ago, if I was shopping for a home and I seen those pawn shops and I seen the check cashing stores, I would, like the other ladies, look in Novi. I would look in Wixom. I would look in South Lyon. I would keep looking. It wouldn't be in Livonia. Not now. Sarah Maria Ackroyd, 16790 N. Stanmoor, Livonia, Michigan 48152. Like a lot of these folks, I'm opposed to the pawn shop. I grew up in the City of Redford and the City of Redford has changed a lot. I have major concerns about Livonia going down the same path. I'm sure these gentlemen personally are great people as August 13, 2013 25930 individuals. I just don't agree with their business. Like many folks have said before, it's not a family friendly business. There's check cashing places you can go to. They already have the same style businesses. Like there's four others in Livonia. I think we're good. There's some in Redford. There's some in Detroit and we're close enough to Detroit. I feel like we're fine. Let's put a teddy bear store in there or something for kids. Let's do something for the community. Put a church in there, anything, a rec center. I mean let's extend the rec center and make it a new extension for kids and families. I feel like honestly if we need something in there, yes we do. I pass it everyday. I just dont think that's something that needs to go in there. Russ Smith, 18138 Middlebelt, Livonia, Michigan. Buying, selling, trading, borrowing, has been in America since its beginning. The very first years Americans traded. My objection to this proposal is the word pawn broker, pawn shop. By the petitioners own admission, it conjures up a very bad image. In the movies, you see people going into pawn shops. The man behind the screen trading. So I think I have no objection to the business if it was jewelry buy and sell or we trade, but the word pawn, I've even heard them referred to as hot shops, and I think it conjures up a very bad image of Livonia. Chris McDonald, 30181 Greenland, Livonia, Michigan. The question is to the Commissioner. On September 11, you proposed to Council the ordinance in which we're here today for. On December 5, the Council passed that ordinance. Now, it wasn't until January 9 that Livonia Pawn asked for an Occupancy Permit to go in where they're at. That was approved on January 21 of this year. My question to you is, how did they gel in without coming here first? Mr. Morrow: Are you talking about the current one that's in operation? Mr. McDonald: Yes, sir. Mr. Morrow: Well, there was no ordinance against them coming in. Mr. McDonald: The ordinance was passed on December 5, 2012, by the City Council. Mr. Morrow: Let's clear it up with Mr. Taormina. Mr. Taormina: I'm actually looking at the schedule of the meetings. December 5, you're correct is when the Council held its public hearing. The first reading was on December 19; second reading and roll August 13, 2013 25931 call was on January 14. Then of course the ordinance is not effective until it's published, which probably took place at least two weeks beyond that dale. As I indicated earlier, the other shop that's been referred to on Middlebell Road, occupied that space that just prior to the effective dale of the ordinance. They slipped in basically. Mr. Morrow: This is not a pawn shop per se, right? Mr. McDonald: It says Livonia pawn. Mr. Taormina: Yes. It says pawnshop. Mr. Morrow: But theyre not license as a pawn shop? Mr. Taormina: That I don't know. They would have had to go through a waiver use had the ordinance been in effect at the time. Mr. Morrow: But the ordinance was not in effect at that time. Mr. Taormina: That is correct. Mr. McDonald: For the ordinance, it says that once its passed by the Council, I have it right here with me. Its effective the day they pass it. Its in the ordinance. Mr. Taormina: I'm not sure what he's looking at but I'm looking at the schedule. Mr. McDonald: Its 1.01.020 of the ordinance. Mr. Taormina: Mr. Chairman, again, this is off subject, number one. Number two, I'd be happy to meet with the gentleman and show him all the dales when this matter was under review. Mr. Morrow: Apparently there is a conflict on the document you have, which the Director has not seen, and he's got the official record right here. So we'll reconcile that at another time. Mr. McDonald: One last thing. I had a business in south Livonia years ago. It was when gold and silver became a real big thing, buying it. I can remember coming to the office in the morning and people sitting out there in their cars waiting to go in with their sluff. It scared the heck out of us. And twice we were locked down because stolen stuff was coming in there. This was in Livonia, and I think it brings ... I have to agree with everyone here. It brings a different element to the table. They have to report anything that's stolen. If something is stolen, if somebody is August 13, 2013 25932 there, the police are going to be called. It creates a different kind of activity. Thank you. Mr. Morrow: Thank you, and I invite you to contact Mr. Taormina and he'd be happy to sit down with you. Mr. McDonald: Okay. Pal Bess, 17423 Brookview, Livonia, Michigan 48152. I live right behind where they're looking to put in their business. I'm opposed to it for exactly the same reasons that everyone else is that's voicing their concern, but I think as a Board, you need to look at what business that you're pulling into Livonia. If you've already got multiple pawn shops in Livonia, do you really need another one there? I dont think so. I think Livonia needs to take a look at everything that they're doing to bring in a different type of business, to keep the community going and keep the family- oriented feel of Livonia because otherwise you're going to lose people and you're going to get people that are not going to look at Livonia to move into it. I think if you're arguing over what to name a pawn shop, that should tell you right there. That's not a good thing. If people are looking to change the name pawn to sell something else, that should be a red flag for you. I'm opposed to this 100 percent. I think you need to revisit that. Mr. Bahr: Mr. Chair, am I allowed to make a comment right now? Mr. Morrow: Is it a question of the lady that was just up here? Mr. Bahr: Its a comment. Mr. Morrow: Yes, you can make a comment. Mr. Bahr: This might be a good time to just address something that I think is a common misconception, and that is, as the City of Livonia, we dont business plan. We don't pull businesses into the City. Any citizen or any business owner has an opportunity to petition the City to come in, which is exactly why we're here tonight. That's come up several times in some of the correspondence. Its come up a few times tonight. I just wanted to clarify that so that everybody is aware of that. This is the first step that anybody can take to petition the City and that's what we're here to discuss tonight. Thanks. Mr. Morrow: Thank you, Mr. Bahr. Let's see, where did I leave off? August 13, 2013 25933 Don Borgula, 18420 Fremont, Sunset Hills, Livonia, Michigan. My family also has a contracting office business at Six Mile and Middlebelt in one of the office buildings there. We're very opposed to this place being turned into a pawn shop. A couple of reasons. It kind of signals that the city is on a desperate route for accepting any businesses. As Mr. Bahr brought out, this is the first step for a business to approach Council to accept their business plan or whatever for opening up a business in the City of Livonia and I think it really sends out a wrong message to other developers that want to come into the area and open up other stores. There is strong demand here in Livonia for other stores to open and I think by rejecting and opposing this particular petition for business, it would send a good signal to other developers that want to come into the city. Blake Koenig, 29530 Bobrich, Livonia, Michigan 48152. 1 just wanted to make a point. He said that most of the people that come in there, you know he asks them questions and sluff and if they don't know the answers to what theyre purchasing, that they turn them away. Well, what about the people that are actually criminals that do this for a living? They bring in sluff and know the merchandise. What do they do then? I mean, I went into the pawn shop. I saw the tools. They use tools and whatnot and rings. A lot of the sluff you can't prove that its actually somebody elses even if you do fax it over to the police department. There's no way to tell. I've had problems with my car. My rims got stolen. You know where that stuff goes? It goes to places like that. They pay $25 for a set of rims, and then I ended up fling with the insurance company, and they cost $3,000. That's what they do. They buy up sluff cheap and then they sell it at a profit which I just don't see the point of this pawn shop coming into our area. Thank you. Judy Kanack, 35765 Minton, Livonia, Michigan 48150. 1 don't live anywhere near the proposed site for the pawn shop, but I'm here tonight because I'm opposed to it. I've lived in Livonia for 30 years. My daughter and son-in-law just purchased a home on Seven and Merriman. The gentlemen have written their business off as the friendly building and loans. I think they neglected to point out that many of their customers are drug addicts, alcoholics, and gambling addicts that need cash and they're turning in their merchandise. So please don't take Livonia in the wrong direction. If you do so, we might as well put up bars on the windows and open strip clubs. Thank you for your time. Sigmn Lobo, 17476 Brookview Drive, Livonia, Michigan 48152. 1 live right behind where the pawn shop is proposed to be put. I just wanted to say I was at the other pawn shop in Livonia. I went by there August 13, 2013 25934 today to just take a look. I missed it by five minutes. I got there at five after 6:00 and they close at 6:00. But this place is on Grund River right between Eight Mile and Inkster. It's a very commercial area. This is a good place for a place of business like that, not in the back of our own backyards, not in a residential area where our kids are and where our families are. That's why, nothing against the people, but not in our backyards. Put it somewhere where it's more appropriate. Thankyou. Mr. Morrow: I see no one else coming forward. I want to thank you for your input and your decorum in conducting this public hearing. I'm going to give the petitioner a chance to wrap this up, and then we'll move it to the Commission. Mark Aubrey: Thank you. I just want to mention, I understand why everybody's here, but I think it's safe for me to say that most of these people speaking here tonight have never been inside an actual pawn shop or never came into an actual Motor City Pawn Brokers or needed an actual collateral loan because they're short on whatever it may be, but I promise if they did come to one of our stores, it would change their perception and might change the way they think. That's all I have to say. Thank you. Mr. Morrow: Thank you very much. With that, I'm going to close the public hearing. Ms. Scheel: Mr. Wilshaw, did you want to speak first? Mr. Wilshaw: Go ahead. Mr. Morrow: Did you want to make a comment? Mr. Wilshaw: I had a question for the petitioner. Mr. Morrow: Okay. Sir, one of the Commissioners has a question for you before I take the motion. Mr. Wilshaw: My question is regarding the number of incidents that you've had at your stores. You mentioned that you haven't had in the years of business that you've been operating any incidents at your stores. However, we know there's a certain amount of merchandise that is going to come into your store that is stolen. How many times do you think the police have to contact your business in a typical year to recover any stolen merchandise or you have to report stolen merchandise that you've recovered? August 13, 2013 25935 Mark Aubrey: Sure. Let me clarify that. I know a few people came up here and mentioned one percent or two percent. I said 1/20th of 1 percent, which is probably less than your local grocery store. We very rarely get stolen merchandise, and if we do, it would be one or two times a year that the police department would have to confiscate that. The answer to your question is one to two limes a year is something confiscated that slips through and gels to us. Mr. Wilshaw: Okay. The reason I ask is I'm looking at some correspondence that I received from the Livonia Police Department in regards to your current facility which shows that they had to contact your store in the past year on almost nine occasions to recover either stolen merchandise or to investigate merchandise that arrived at your store. I'm trying to understand exactly how infrequent these things are when I'm seeing nine incidents in the past year at your current store. Mark Aubrey: That's because what you're seeing is just when an officer calls to investigate, and 99.9 percent of that people don't pursue it. Like I said, the one or two items that are confiscated, there is an actual court case and the due process went through. In those instances, officers would inquire about the item, who brought it in and 99.99 percent of those is a family related incident, which maybe it would be a brother who brought in the guitar or a daughter or sibling, and they wouldn't want to press charges. So that actual item did not get confiscated, but that's what that is. But an actual truly legitimately stolen item per store, I would say is one to two confiscations per year. Mr. Wilshaw: Okay. Thank you. Mr. Morrow: I know I had closed the public hearing, but apparently I was a little loo quick with the gavel, so I made a Chairman's decision to allow that follow up question. Now ft's officially closed. Ms. Scheel: First of all, I want to thank everybody that came out this evening in the audience, whether you were speaking against this particular item or for it, its great that you have a cencem for our community and that you're willing to put in your personal time to come out and speak for Livonia. We truly appreciate that. Mr. Taormina had mentioned that we received over 20 pieces of mail, whether it was hard copy or email from community members. I want to make sure I mentioned that again to say thank you for caring to send in information to us to let us know how you feel about this topic. I also wanted to thank the business owners for considering expanding in Livonia. It's nice that businesses like what we do in Livonia and the traffic we gel August 13, 2013 25936 in Livonia, that they feel that theyre able to do good business in Livonia. However, I do not feel at this time that this is a good fit for this particular area in the community or that we need another store of this kind in Livonia being that we do have many locations of this type in this area. So for those reasons, I'm going to offer a denying resolution this evening. On a motion by Scheel, seconded by Taylor, and unanimously adopted, it was #08-48-2013 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 14, 2013, on Petition 2013-07-02-18 submitted by Mark Aubrey requesting waiver use approval pursuant to Section 11.03(v) of the City of Livonia Zoning Ordinance #543, as amended, to operate a pawn shop (Motor City Pawn Brokers) at 17235 Middlebell Road, located on the west side of Middlebell Road between Six Mile Road and Curtis Avenue in the Southeast 1/4 of Section 11, which property is zoned OS and G2, the Planning Commission does hereby deny Petition 2013-07-02-18 for the following reasons: 1. That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; 2. That the City is currently well served with similar uses to that which is being proposed; 3. That the petitioner has failed to demonstrate the need in the area for the type of commercial service proposed to be operated on the subject site; 4. That the submitted plans fail to address how the rear portion of the site will be improved and maintained; 5. Per the Livonia Police Department, pawn shops attract a criminal element by serving as a place for criminals to sell stolen goods; 6. Community response to this proposal is that the proposed use would not be a good fit for the neighborhood; 7. That the petitioner has not sufficiently demonstrated that the proposed use would be compatible to and in harmony with surrounding uses in the area; and August 13, 2013 25937 B. That the proposed use is contrary to the goals and objectives of the Zoning Ordinance which, among other things, are intended to insure suitability and appropriateness of uses. 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. Morrow: Is there any discussion? Mr. Wilshaw: Just a comment. I appreciate Commissioner Scheel's comments about the residents who have come out to speak and other folks in the community, both for and against this petition. As Mr. Bahr pointed out, every business owner has the opportunity to come to the City and present a request to us for approval. This is a particular case, because it is a waiver use, that requires specific approval for these types of business in our community so that we can have greater control over these types of businesses within our community. We need to give those business owners an opportunity to present their case, but in the same respect, we also respect the concerns of the community and its residents, especially those who live in the immediate area. We had a number of residents that came here tonight and many of them came up to speak, some 30 or 40 residents came up to speak, and the vast majority of them live immediately in the area around that pawn shop. I take what they have to say to heart and I give them a lot of credibility and respect for what they have to say because they're the ones that are going to have to live next to that business when it's in place. I don't live behind this business, but they do and they have to live with it. I want to hear what they have to say and what kind of business they want in that location. There was an article in the Detroit Free Press a couple years ago about pawn shops and specifically mentioned the Motor City Pawn Warren location. In that article it was staled that three pawn brokers stand behind a bulletproof glass window with a loaded 12 gauge shotgun hanging on the back wall and a loaded pistol on the counter in plain view to deter anyone who might consider robbing the store which handles thousands of dollars worth of cash every day. That quote makes me think that this is probably not the type of business that I want in this location. I think this type of business has a legitimate purpose. I think that these are good business owners that seem to ran good establishments in other communities, and they have one in our community. I think that particular location serves the needs of the residents in this area already that want to go a pawn shop. I don't think we need another location right nearby. Thankyou. August 13, 2013 25938 Mr. Bahr: Just add a couple things. I've learned a lot in the last week. I want to thank the petitioner. He's been very professional in his dealings with us. He's been very courteous the whole way. He's sat through a lough meeting tonight. I didn't know a whole lot about pawn shops and I think this very well could be a legitimate business. I'm generally a pretty business friendly guy up here. I've supported resolutions for businesses when we've had residents here opposing them. In general, I feel that government needs to gel out of the way and lel businesses operate. However, when it comes to zoning, when it comes to planning, the reason why we have a Planning Commission, the reason why we have a zoning ordinance is because you have essentially among communifies in this state and this country a free market of communities. If this is to the detriment of our community to do this, some other community will pick it up, but it doesn't ft the environment that we've tried to create in this community. It probably is a very legitimate business, but perception is reality. That perception comes from somewhere. For those reasons, I just don't think it fits what Livonia is and so I intend to support this resolution. Mr. Morrow: Thank you, Mr. Bahr. Is there anyone else? Mr. Taylor: Just by the comments that were made by the Commissioners up here and by the petitioner, all I can say is, it's great here in America, isn't it? How we can talk and do what we want to do and say what we want to say. The petitioner has a right to come before us and you have the right to say, we don't want him there. I'm glad things are going on and it sounds like they're working out all right for you. Thank you. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Aubrey, as I said in my opening remarks, you have 10 days in which to appeal our decision in writing to the Livonia City Council, and should you do that, then the residents would all have an opportunity at the City Council level to come to those meetings. We want to thank you for coming tonight. Ms. Scheel: I have a question, and it's probably to Mr. Taormina. If the petitioner chooses to take this to City Council, the residents that spoke this evening or the residents that we've received correspondence from, are they notified, besides the letters within x amount of feet, but are they also notified if it goes to City Council, or does it start all over with those only notified within x amount of feel? August 13, 2013 25939 Mr. Taormina: The notification is the same as it was for this hearing. It's 300 feel from the property in question. The decision this evening is final unless the petitioner decides to appeal in writing to the City Clerk within 10 days. In that instance, a public hearing would be scheduled and persons would be notified in advance of that hearing date. Ms. Scheel: Okay. Mr. Morrow: So if you were notified of this meeting tonight, you'd be notified again. Otherwise, ft's just word of mouth. (Unidentified audience member): I live within 100 feet of the property. Ms. Scheel: Its 300 feet. (Unidentified audience member): The subdivision behind us didn't gel one, so it needs to be taken out more to 300 feet versus 100 feel. Mr. Morrow: The Planning Director, I'm pretty confident, he's been doing this for many years, and I can only assume the mailing was correct. (Unidentified audience member): No, it wasn't. Mr. Morrow: He will take it under advisement. Mr. Taormina: If I could just point out, this properly does not go all the way to the fence line. There's another properly in between. That may be the reason, and I'd be happy to show anyone after the meeting why it is that maybe you did not receive a notice. Ms. Smiley: Is it in the paper? (inaudible comment from audience) Mr. Morrow: If you want to discuss it further, but we've got to continue our meeting. With that, that concludes the petition. ITEM #3 APPROVAL OF MINUTES 4041" Special Meeting Ms. Scheel, Secretary, announced the next item on the agenda, Approval of the Minutes of the 400 Special Meeting held on July 2, 2012. On a motion by Taylor, seconded by Wilshaw, and adopted, it was August 13, 2013 25940 #08-49-2013 RESOLVED, that the Minutes of 402otl Special Meeting held by the Planning Commission on July 2, 2012, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Taylor, Wilshaw, Bahr, Smiley, Scheel, Morrow NAYS: None ABSENT: None ABSTAIN: None Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. ITEM #4 APPROVAL OF MINUTES 1,041" Public Hearings and Regular Meeting Ms. Scheel, Secretary, announced the next dem on the agenda, Approval of the Minutes of the 1,041" Public Hearings and Regular Meeting held on July 9, 2013. On a motion by Bahr, seconded by Smiley, and unanimously adopted, it was #0830-2013 RESOLVED, that the Minutes of 1,041n Public Hearings and Regular Meeting held by the Planning Commission on July 9, 2013, are hereby approved. A roll call vole on the foregoing resolution resulted in the following AYES: Bahr, Smiley, Wilshaw, Taylor, Scheel, Morrow NAYS: None ABSENT: None ABSTAIN: None Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,042otl Public Hearings and Regular Meeting held on August 13, 2013, was adjourned at 8:54 p.m. CITY PLANNING COMMISSION Lynda L. Scheel, Secretary ATTEST: R. Lee Morrow, Chairman