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HomeMy WebLinkAboutPLANNING MINUTES 1991-12-17 11849 MINUTES OF THE 635th REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, December 17, 1991, the City Planning Commission of the City of Livonia Now held its 635th Regular Meeting and Public Hearings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Jack Engebretson, Chairman, called the meeting to order at 7:30 p.m. , with approximately 21 interested persons in the audience. Members present: Jack Engebretson Herman Kluver Conrad Gniewek William LaPine Raymond W. Tent Donald Vyhnalek R. Lee Morrow James C. McCann Members absent: Brenda Lee Fandrei Messrs. John J. Nagy, Planning Director; H. G. Shane, Assistant Planning Director and Ralph H. Bakewell, Planner IV, were also present. Mr. Engebretson informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission only makes a recommendation to the City Council who, in turn, will hold its own public hearing and decide the question. If a petition involves a waiver of use request and the request is denied, the petitioner has ten days in which to appeal the decision to the City Council; otherwise the petition is terminated. Planning Commission resolutions become effective seven days after the resolutions are adopted. The Planning Commission has reviewed the petitions upon their filing and have been furnished by the staff with approving and denying resolutions. The Commission may use them or not use them depending upon the outcome of the hearing tonight. In the absence of Mrs. Fandrei, Mr. Tent was the Acting Secretary. Mr. Tent, Acting Secretary, announced the first item on the agenda is Petition 91-10-1-20 by the City Planning Commission proposing to rezone property located on the south side of Seven Mile Road between Myron and Whitby in the Northeast 1/4 of Section 9 from C-2 to C-1. Mr. Bakewell presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have received a letter from the Engineering Department stating they have no objections to this rezoning. Mr. Engebretson: Since the Planning Commission is the petitioner in this case, I think it would be appropriate to just mention briefly that this is for all intents and purposes a housekeeping procedure. This very small section of that building was zoned C-2 by the Council to accommodate a special use there that is now a permitted use within the C-1 district. They were well aware of that when they granted that zoning and now what we are doing is proposing to revert back to the original proper zoning for that space, which would bring it into compliance with not only the Master Plan but the rest of the 11850 building. Is there anyone in the audience who would like to speak for or against this rezoning petition? There was no one present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 91-10-1-20 closed. On a motion duly made by Mr. Vyhnalek, seconded by Mr. Gniewek and unanimously approved, it was #12-189-91 RESOLVED that, pursuant to a Public Hearing having been held on December 17, 1991 on Petition 91-10-1-20 by the City Planning Commission proposing to rezone property located on the south side of Seven Mile Road between Myron and Whitby in the Northeast 1/4 of Section 9 from C-2 to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 91-10-1-20 be approved for the following reasons: 1) That the proposed change of zoning is consistent with the zoning designation of the balance of the Stamford Plaza Shopping Center. 2) That the proposed zoning district will accommodate the existing use in the subject portion of the shopping center building. 3) That the proposed change of zoning is compatible to and in harmony with the surrounding zoning in the area. 4) That the proposed zoning change as initiated by the Planning Commission is consistent with the Commission's policy of removing imcompatible spot zoning districts. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. `141.0. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Tent, Acting Secretary, announced the next item on the agenda is Petition 91-11-1-21 by Paul Lay for Orfeo Corona and Aldo Liberatore requesting to rezone property located on the southwest corner of Seven Mile Road and Maplewood Avenue in the Northwest 1/4 of Section 12 from OS to C-1. Mr. Bakewell presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have received a letter from the Engineering Department stating that Seven Mile Road has not been dedicated to its fullest extent (60' ) in accordance with the City's Master Thoroughfare Plan. Mr. Gniewek: Mr. Nagy, should this particular petition be approved as far as C-1, local commercial, what will the parking requirements be that will be required in that particular area? Will they be sufficient as they are presently with the OS? Mr. Nagy: The off-street parking requirements are different for retail sales or commercial as opposed to office. The ratio is for every 200 square feet of floor area in office, you need one parking space. For retail use, for every 150 square feet of floor area, you need one parking space, so the off-street parking component is higher 11851 for retail. Since the building and site development was predicated on the existing zoning, office serices, to change the classification and use to retail would leave this site deficient in off-street parking. Mr. Gniewek: We might be as many as 20 or more spaces short at this site. Mr. Nagy: Exactly. Mr. Morrow: Did they ever receive a waiver for office services or was this one that went from P.S. to O.S.? Mr. Nagy: This went from P.S. to O.S. without a waiver. Mr. Morrow: With our new ordinance we did give some additional latitude for use of the space? Mr. Engebretson: Yes, over and above what was previously allowed. Would the petitioner please come forward. Please state your name and address for the record and tell us why you are making this request. Paul Lay, 37000 Grand River, Suite 290, Farmington Hills 48335: I represent the two petitioners, Mr. Liberatore and Mr. Corona, who are both present here in the auditorium this evening. The main purpose of making this petition for the rezoning is that unfortunately they have had some poor experience in trying to lease this lovely building that they constructed. Since the early part of 1989 they have only been able to lease approximately 20% of this building. There is one small office, which is basically an office of just over 800 square feet, and there is another tenant that has some type of a sales type of operation and he has just over 800 feet. The comment about the parking, it seems to me there is an adequate amount of parking, at least as far as the few offices that are r44ft► located there. The parking is in the front of the building and also on the side of the building over on the Maplewood Street side. There is no parking behind the building so they wouldn't disturb any of the residential neighbors that are south of the subject premises. Just recently, since the time that we filed this petition on October 30th, we have had further communication from other prospective tenants. Unfortunately they have all been the retail variety. One woman contacted my clients and indicated she would like to put in a nail salon and I don't think that would have too much traffic and parking. In addition, there was a florist who contacted my clients and said he would be interested in a location. It is an excellent location. There is quite a bit of traffic going by Seven Mile Road just a short distance east of Middlebelt Road. Because of the economic situation though, unfortunately with all of the competition in these office buildings that are close by, my clients are not able to lease the remaining space and it does seem in looking at the property, and I have been there and viewed it both inside and outside, it would appear that this is very compatible and would be very fine as far as the C-1, the commercial zoning, would be concerned. Mr. Vyhnalek: Right now you have 33 parking spaces? 11852 Mr. Lay: We have 37. Mr. Vyhnalek: If you were going to go to C-1 that would be 150 square feet and would make 43 spaces, you would still be six spaces short. Mr. Lay: That would be correct. Now Mr. Vyhnalek: How many tenants can go in this building at this time? You have two already. How many more can you accommodate? Mr. Lay: It depends on how much space is needed. As far as the partitions inside the building, they haven't been put in yet. Mr. Vyhnalek: What is the maximum? Mr. Lay: Mr. Liberatore can answer that. He is very familiar with the situation and is certainly happy to answer any of your questions. Mr. Liberatore: Ten altogether. Mr. Vyhnalek: Let's say you had ten businesses in there. You would end up with four spaces and you would have one or two employees, you are still going to be short on parking spaces for customers. That is our point. You don't have enough space and you have no place to go. Mr. Liberatore: There is a church and restaurant close by. I could make a deal with the restaurant for the employees to park there. Mr. Vyhnalek: Is that to the west of you? Mr. Liberatore: Right. 'Nr Mr. Engebretson: Mr. Vyhnalek, I don't think we ought to get too far down that line of reasoning because the situation is we deal with an ordinance that defines the parking requirements for various zoning districts and you just barely meet the parking requirements for an office district. You are substantially short of parking in spite of what your attorney feels would be adequate parking. We deal not with subjective points of view. We deal with an ordinance. If you were to make a deal with the restaurant next door, then they would be deficient. Mr. Liberatore: If I could make the parking spaces nine feet, I could meet the requirement. Mr. Engebretson: You can't do that. The ordinance also specifies ten feet. You could not meet the ordinance in any way, shape or form by re-striping the parking short of double decking it. Since there are no other questions at this time, I am going to take the opportunity to deal with a couple of points and questions of my own. When you built that building two years ago, what was your logic behind constructing an office building in the face of a glut of office space that existed in the City then as now? Mr. Liberatore: I kind of gambled. I figured I would take a chance. 11853 Mr. Engebretson: I don't really honestly know that the office vacancies are substantially different today than they were two years ago. We have had an oversupply of office space for some time. When I went to look at this facility, I would agree with your attorney's position, it is a lovely building. It is also my opinion that building was constructed from the beginning with some speculative New positioning that maybe it should or could be used for retail space. It is highly unusual for an office building to be completely fronted with glass and ten doors. Mr. Liberatore: I figured if I ran into a problem I would have it rezoned, maybe to commercial. Mr. Engebretson: I would like to also draw your attention to the fact there are an overabundance of commercial zoning districts, which are occupied by what are commonly referred to as strip malls, throughout the City. This is a source of great frustration for many people and you need to know that a lot of people that have those kinds of facilities are also having trouble leasing out spaces, so guess what they want to do, upgrade from C-1 to C-2 for more intense type of commercial facilities. I guess the point is that what we are concerned about is that when buildings are constructed for one use, if the builders who lease those facilities out aren't successful, the upgrading of the intensity of the zoning district, while it appears to be a Band-Aid kind of solution, it carries along with it some other problems and it is just a bad policy to do that kind of thing. We are not insensitive to the fact that having that very nice building there for two years vacant is a problem but there are other kinds of problems that would be created by trying to solve every business problem through rezoning. It just can't be done. Moving up to C-1, while it may give you an opportunity to negotiate leases with some prospective tenants, that in itself is not necessarily going to guarantee success of leasing out the entire building for the reasons I have just mentioned. Your biggest single problem is you don't meet the parking requirements and it is not that you don't meet it by a few spaces, you miss it by a long shot. For that reason alone, I would find it very difficult to support the rezoning. I am not saying I have made my mind up but it is a significant point that cannot be overlooked. Mr. Lay: It was my understanding the requirement was 43 and we have 37 available. Mr. Vyhnalek: If there are four or more tenants, it goes to 125 square feet for every parking space, which would be 54 so you would be 21 deficient. Mr. Lay: It is possible to have a fewer number of tenants but have a larger space. For example, Mr. Liberatore was talking to a possible furniture store moving in. We had that possibility a very short time ago. Presumably that might take half the space or more and that would be in the center of the building. Mr. Engebretson: That is not what we are talking about. We are not talking about the specific request to deal with that specific case. We are 11854 talking about rezoning period and rezoning could result in ten stores in there or more than four, which according to the ordinance would create a demand for 54 parking spaces, which would be approximately 20 spaces short. Mike Ragan, 18921 Maplewood: I am the fifth house from the corner on the street we are talking about. I have two concerns. One is because of the parking restrictions, which are quite obvious when you look at the area. I am concerned if it goes to the rezoning that is proposed, we could quite possibly get some overflow parking down the street or along the first property line or across from there. That would complicate the traffic flow for the residents going in and out. Secondly, I just recently, as recently as this evening, spoke to the administration of the church across the street and they are unable to be here tonight. I have had a long standing relation with them being a member there and they have expressed their concern that this particular property not be changed simply because there would be very likely a parking overflow. They have a problem with that already with the businesses that are around there now, specifically often times when church services may still be in session on Sunday, they have overflow parking from restaurants and other businesses across the street. They don't want to complicate that. Also the near proximity of the building to the church and the possibility of certain businesses going in there, especially beer and wine stores, is a concern to the people and especially the administration of the church. That is the two areas and my own personal concerns would be A and B of the church's concerns. I would like to say you gentlemen did a very fine job on the building. There is absolutely nothing that can be said as far as the quality of the building. It is exemplary and I do express some sympathy for the people, however, as you have said sir, I can't see making problem B in order to solve problem A. Mr. LaPine: Because of the proximity of this building to the Livonia Mall, Seven Mile Road is a very heavily travelled road going to and from the shopping center and by putting another commercial establishment along there, all we are doing is going to add to the problem of the traffic along Seven Mile Road. With office service, basically people work in the office and are there for the whole day not coming and going as you would if there were a commercial establishment. I think this was borne out by when Sutherlands Fish & Chips was there, especially on Friday nights. There was a tremendous amount of traffic coming and going out of there and to get out onto Seven Mile Road sometimes was quite a problem so for us to allow a C-1 to go in there, I think all we are going to do is to add to our already existing traffic problems in the area. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 91-11-1-21 closed. On a motion duly made by Mr. Tent, seconded by Mr. Gniewek and unanimously approved, it was #12-190-91 RESOLVED that, pursuant to a Public Hearing having been held on December 17, 1991 on Petition 91-11-1-21 by Paul Lay for Orfeo Corona and Aldo 11855 Liberatore requesting to rezone property located on the southwest corner of Seven Mile Road and Maplewood Avenue in the Northwest 1/4 of Section 12 from OS to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 91-11-1-21 be denied for the following reasons: '11ow. 1) That the proposed change of zoning is contrary to the Future Land Use Plan which designates the subject property as "Office". 2) That the proposed change of zoning will encourage commercial uses to locate in the existing building thereby causing a substantial deficiency in off-street parking. 3) That the proposed change of zoning will encourage further easterly expansion of commercial zoning along Seven Mile Road in the subject area, which expansion would be in conflict with the Future Land Use Plan and the Commission's policy of eliminating strip commercial zoning along the Mile Road corridors. 4) That the proposed change of zoning is incompatible to the adjacent residential uses to the south. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Tent, Acting Secretary, announced the next item on the agenda is Petition 91-11-2-30 by Perry Drug Stores, Inc. requesting waiver use approval to utilize a SDD license for an existing drug store located on the south `41a► side of Eight Mile Road between Grand River Avenue and Inkster Road in the Northeast 1/4 of Section 1. Mr. Bakewell presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have received a letter from the Engineering Department stating they have no objections to the waiver use proposal. Mr. Engebretson: Will the petitioner please come forward. William Beach: I am with the law firm of Miller, Canfield at 150 W. Jefferson in the City of Detroit. I am here with Warren Jeffrey, who is the Regional Vice President of Perry Drug Stores and Ted Stuwicki, who is the District Manager of the location we are talking about. We are here to discuss the request of Perry Drug Stores to move the SDD license from its current location in the shopping center on Eight Mile Road next to the Farmer Jacks to the Perry Drug Stores across the street on the other side of Grand River. A little history might be helpful at this point in time. Perry Drug Stores opened the store on Grand River in the summer of 1984. At that time the location next to Farmer Jacks, the drug store was owned by Revco. In 1988 Perrys secured an SDD license for its Eight Mile location and in 1990 Revco Drug Store filed for Chapter 11 bankruptcy and Perry Drug Store purchased a number of the stores 11856 throughout the entire state. As part of the package they picked up the store on Grand River next to the Farmer Jacks. The result is they have two stores across the street from each other and in making a business decision, the store that has the greatest volume of business is the Perry location on Grand River so the future plans are to close the store next to Farmer Jacks. Before doing that they would like to transfer the SDD license from that store to Grand River. There are no other SDD licenses within the amount of feet stated in the ordinance. There are no churches or schools within the area. The SDD license is just being moved across the street so it would not substantially or not at all change the character of the neighborhood. I think all of the intent and protections that are built into the ordinance would remain if you were to permit the transfer of the license to the Perry Drug Store on Grand River. I am here to answer any of the questions that the Commission may have. Mr. Jeffrey and Mr. Stuwicki are also here. If you have any questions on store hours, store policy, etc. they would be more than happy to respond to any questions you may have. Mr. Tent: I have no objection at this point with the liquor license being approved for the area but I do have a concern with your parking. You are 47 parking spaces deficient. In other words, with the extension and addition you are putting on the building, you require 155 spaces and you only come up with 108. You are 47 spaces short. How do you propose to handle that? I have been out to the area. I know you have a lot of traffic. You have a lot of people coming in there. Are they going to be parking on the street? Mr. Jeffrey: We are not putting an addition on to Perry Drug Stores. As far as we know, we have sufficient parking in the area for the operation of the store. Nifty Mr. Tent: You had gone to the ZBA to get approval for a variance. Mr. Nagy: He is the tenant of the shopping center and not the owner. Mr. LaPine: The owners of the center went to ZBA. Perry Drugs is not deficient in parking. Mr. Tent: There is a deficiency and that does concern me and I am wondering how that will be handled? Mr. Jeffrey: I am not familiar with what the plans of the landlord are at this site as far as expansion. We don't have any knowledge of that. We do know as far as Perrys is concerned, I have 115 stores under my region. This store has more than ample parking compared to most of my other stores. We operate a good number of drug stores with a lot less parking that may have the same type of facility with a SDD license. Mr. Tent: Mr. Nagy, what happened with the expansion. Is that going through, and if it is then they are 47 spaces short. Is that correct? Mr. Nagy: The owner of the overall center did appear before the Planning Commission approximately two years ago to expand the retail store 11857 complex. Initially it was recommended for approval by the City Planning Commission and concurred in at the Council level. They didn't commence that construction within a one-year period. Before that one-year period ran out they had the right to ask for an extension of that approval. The extension was reviewed by the Planning Commission and it was recommended for denial, the omr principal reason being the deficiency. With enlarging the center you have the problem of both increasing the amount of off-street parking spaces required for expansion and the building itself takes up the already existing parking spaces so there is a shortfall of 47 parking spaces. That was the basis for the denial for the expansion of that center. The landlord then took an appeal to that recommendation and it was approved at the Council level and an off-street parking variance granted by the Zoning Board of Appeals. The landlord has indicated to us that he will now commence that construction. The construction will begin this spring. The petitioner tonight, however, is a tenant in the building. As a result of their use tonight, it does not increase their building area. It does not increase their floor area. There is no additional expansion of the building area. All they are doing is adding to their product line by requesting the sale of packaged liquor. They are not really intensifying the building area. Mr. Tent: So what they are doing they are within their realm of usability of the property. So when are we going to get a shot at these 47 parking spaces? Mr. Engebretson: It is my understanding, Ray, that the Zoning Board of Appeals has granted a variance to the ordinance that gives them the right to occupy the square footage, not only what is there but what is approved, within the parking layout that was part of that revised plan. So comparing this with the case we just heard, these people limey are in compliance because they have a variance from the Zoning Board of Appeals so I think it is a moot point with regard to this particular case. I am not trivializing the importance of the parking issue but what we are here to deal with tonight is the fact that they have a permitted use there, they are looking to expand their product line to include the SDD products and moving it from one store to another. Mr. Tent: Mr. Chairman I appreciate what you said and I understand it completely but what I wanted to throw in at this public hearing was the ZBA's action. It seems every time there is a variance in parking, they approve them all. If we continue to allow this type of parking lot development, we are going to have parking meters alongside these buildings. Somewhere along the way the ZBA has to step up their responsibility and stop approving all these variances on a wholesale basis. Mr. LaPine: As a former member of 23 years on the Zoning Board of Appeals, I wish to tell you that the Zoning Board of Appeals, in all the years I was there and we granted a lot of variances of parking, we didn't do it just haphazardly and I think the board that sits there today looks at these things and in their judgment do what they feel is in the best interest of the petitioner and the City. I don't think 11858 they are doing this just to grant variances. To the gentleman from Perry Drugs, it is my understanding that the store across the street on the west side is going to close and you are going to move it across the street with the liquor license. I believe you said the store on the east side of Grand River had a larger volume than the one on the west side. Is that correct? Now Mr. Jeffrey: Correct. Mr. LaPine: I am curious about that because I would think the store on the west side, because it is surrounded by a subdivision, that you would have gotten more business from them and I guess my worry here is because of the location on the east side at Eight Mile and Grand River, you can see it better from those areas and I assume you are going to get a lot of transient business for the packaged liquor and that is a problem with me. When it was on the west side, it was kind of behind the Nibble Nook Restaurant and you couldn't see it that well so for that reason it probably didn't do as big a volume of packaged liquor as the store across the street is going to do. Is that a valid reason why you feel that store would do better? Mr. Jeffrey: You asked two questions. First off, the reason that the Perry Store is doing more volume, we spent eight years selling that business. Revco, unfortunately, has had a lot of problems and has filed for Chapter 11. We are doing more than twice the business at the Perry Store that the former Revco did so in order for us to remain profitable, we need to move the business into our present location whether or not the SDD comes with it. As far as us increasing the liquor sales just on the sheer volume alone, certainly you are right. That potential is there. For it to be a powerhouse drawing liquor sales from a large area, my experience `'r► hasn't been that. We don't run liquor stores per se. More than half our business is pharmacy. Mr. LaPine: If you weren't able to transfer the license over to that location, you would still make the move? Mr. Jeffrey: That is not my place to say. It would have to be a business decision that would have to be made now or later. We would have to take into consideration leases and occupancy costs and all that type of thing. Mr. LaPine: I have no big objection because all we are doing is moving it from one location to another. We are not increasing SDD licenses in the area. Mr. Tent: How are you proposing to dispense the liquor? Will you have it behind the counter or on the open shelves? Mr. Jeffrey: Most definitely behind the counter. It will be attended completely and would not be self serve. It will be an enclosed counter and the only way you could get served would be by a clerk. Mr. Engebretson: Would the sale be concluded at that point? 11859 Mr. Jeffrey: Yes. You are going to have to pay for it and have it in a bag as you exit. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 91-11-2-30 closed. On a motion duly made by Mr. Morrow, seconded by Mr. LaPine and unanimously approved, it was 4r. #12-191-91 RESOLVED that, pursuant to a Public Hearing having been held on December 17, 1991 on Petition 91-11-2-30 by Perry Drug Stores, Inc. requesting waiver use approval to utilize a SDD license for an existing drug store located on the south side of Eight Mile Road between Grand River Avenue and Inkster Road in the Northeast 1/4 of Section 1, the City Planning Commission does hereby recommend to the City Council that Petition 91-11-2-30 be approved for the following reasons: 1) That the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543. 2) That the subject site has the capacity to accommodate the proposed use. 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area. 4) That petitioner is proposing to relocate an existing SDD license as opposed to requesting utilization of a new license, therefore, there is no net gain in the sale of liquor for this area. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance `.. #543, as amended. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Tent, Acting Secretary, announced the next item on the agenda is Petition 91-12-2-31 by Narciso Ruano, Nobuko Mitchell and Timothy Mitchell requesting waiver use approval to operate a limited service restaurant in an existing building located on the north side of Six Mile Road between Newburgh Road and Fitzgerald Avenue in the Southwest 1/4 of Section 8. Mr. Bakewell presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have received a letter from the Engineering Department stating they have no objections to the waiver use proposal. We have also received a letter from the Ordinance Enforcement Division stating no deficiencies or problems were found, therefore, they have no objections to this proposal. A letter has also been received from the Traffic Department stating (1) the site is in an established center with established traffic patterns that should pose no new traffic problems. (2) The parking in the lot appears to be close 11860 to capacity now. With the addition of 17 more required spaces, this could cause a parking problem. Lastly, we have received a letter from the Fire Marshal stating their office has no objection to this proposal. Timothy Mitchell, 22111 Ridgedale, Oak Park: What we would like to do is open up a Japanese bakery. There are already three other Japenese businesses in the mall and all of our business would come from the Japanese people that are already shopping in the mall at the grocery store and restaurant that are already there. There is a travel agency and a bookstore that are Japanese owned. You already have the traffic there and it is very convenient for the Japanese people. Mr. Tent: Mr. Mitchell, are you going to be the proprietor of this bakery or are you leasing the space? Mr. Mitchell: We are leasing the space. We are the owners. Mr. Tent: You call it a bakery. Will you be serving baked goods? Can you tell me what your menu is? Mr. Mitchell: Our main items are Japanese bakery items. We do have a few food items on the menu. Mr. Tent: For instance Mr. Mitchell: Mostly hot noodles and soup. Mr. Tent: Would carry-out be available? Mr. Mitchell: Yes. Mr. Tent: In addition to the bakery, will there be any beverages dispensed? Mr. Mitchell: Coffee, tea. No liquor. Mr. LaPine: I have no objection to your having a bakery there. You said there are three other Japanese establishments there and you would be getting business from them and I gathered from that they would go here and buy whatever they want and would come to you and buy their bakery goods but when you get into another restaurant at that site, I have a problem. Could you operate there just as a bakery and not as a restaurant? Mr. Mitchell: It is the custom of the Japanese people to sit down and eat their bakery goods and drink tea. If we opened up just as a bakery, we would not be able to provide that service. Mr. LaPine: What would you have that the other Japanese establishments do not have? Mr. Mitchell:• What we are serving, you cannot buy this outside of Los Angeles, California. We imported these machines from Japan to prepare these bakery goods and there are no other restaurants in Michigan or outside of Los Angeles that serve these items. 11861 Mr. LaPine: There is a Japanese restaurant in there. The baked goods you prepare, you couldn't buy in this establishment? Mr. Mitchell: No sir. Mr. LaPine: Would you sell your baked goods to this establishment so he could sell them at his restaurant? '\r. Mr. Mitchell: That hasn't been discussed. I would say no. Mr. LaPine: Is your main business a bakery business or a restaurant business? Mr. Mitchell: It is a bakery business. Mr. McCann: If I understand you correctly, what you are doing is making a small Japanese type village there that people will get to know all three of you. Do you believe this will benefit the other restaurant as well as benefit you? Mr. Mitchell: I think it would help all of the Japanese businesses. Mr. McCann: Is the owner of the property here tonight? Mr. Mitchell: Yes sir. Mr. McCann: Is it possible for her to come down and answer a couple of questions. Melissa Jenkins of Ross Financial, 31360 Northwestern Hwy. came forward to answer any questions. Mr. McCann: One of the concerns here is that you are going to have numerous restaurants in the mall. There is a rumor going around that James Roast Beef is closing down. Is that true? Ms. Jenkins: Not that I am aware of. I believe he might be trying to sell his business but his lease isn't over for another 2 1/2 years. Mr. McCann: That is the only question I have. Mr. Vyhnalek: I was in a couple of stores and they said James Roast Beef was going to close. Ms. Jenkins: We have had several restaurants call us over the years saying the same thing and he says he is in okay financial shape. Mr. Morrow: Mr. Mitchell, getting right down to the question of without the seats your business would not be viable. Without this waiver would this preclude you from opening your bakery? Mr. Mitchell: In this location yes sir. Mr. Morrow: You feel you have to be in close proximity to that Japanese restraurant in order to survive? 11862 Mr. Mitchell: We would not open up this bakery without other Japanese businesses in the immediate area. Mr. Engebretson: Now we will go to the audience to see if there is anyone who would like to speak for or against the granting of this waiver. Paul Benvenuti, 37147 Bennett: I am the resident directly behind this complex. I just have two questions. One to the Planning Commission. Currently there exists in the northeast corner of this complex at the rear of the building a trash dumpster. My concern, being a resident back there, is there any intentions because of a new restaurant to build an additional dumpster to support the trash disposal? In addition, I didn't hear anything regarding the hours of operation of this particular business. I have been at this residence for approximately a year and a half and have seen the traffic behind there increase substantially. I have also had several problems with the existing restaurant back there such as debris coming over the wall, etc. , which may not be an issue but it has been a problem. Mr. Engebretson: Mr. Nagy, would it be safe to assume that the existing dumpster facilities would be adequate to serve the needs of a business of this size? Mr. Nagy: It would be my estimation that they would. If they would not, we would then look to the landlord to see that it was emptied out more frequently. Ms. Jenkins: If there is an issue with trash or anything they can call our office. This is the first I have heard of this being a problem. Call 737-0000 and we will address this. Mr. Vyhnalek: Could he answer the gentleman's question regarding the hours of operation? Mr. Mitchell: The hours would be from 11:00 a.m. to 10:00 p.m. , seven days a week except for holidays. Merlin Heidelmeyer, 17271 Fitzgerald: I am further away than my neighbor and he brought up about the rubbish. I hear them dump that in the morning and it shakes me out of my bed. What I came down for, I checked around on the four corners and came up with 17 restaurants. We got Chinese. We got Japanese. We have possibly a MacDonalds being up at Six Mile Road. We got a Ground Round and Bill Knapps. We have Max & Irma's in Laurel Park and a Coney Island. We have Olga's and Little Caeser's, etc. We have a lot of different types of restaurants in there. When I have a barbecue in my back yard I don't know what I am eating. Now we are going to have a bakery in there. Carl Deal, 17334 Fitzgerald: I am right across the street from Mr. Heidelmeyer. I think really what we should be paying attention to this evening is the fact that for those of us that have shopped in that center, there is a pizzeria, Pappa Romano's. There is Century 21. I think we are all familiar with that. There is a bulk food. There used to be a Sony establishment. There is a Quick Print. That is a 11863 very congested shopping center and I really don't think there is enough parking space to afford a bakery/restaurant. Sometime, if you haven't in the past, drive by and try to find a parking place. It is very, very difficult. Coupled with that I don't know what the width of the parking spaces have to be Mr. Nagy, but it seems to me they are at the minimum right now. I think what we should do ,Nur is look in terms of if they are going to grant any kind of waiver for parking, I think they should look twice before they do that. Again, the parking is a problem and I think it should be reviewed entirely before this is acted upon. Mr. Tent: I did drive through there and I echo your sentiments because I couldn't find a parking space. To me I feel it is overbuilt so your observation agrees with mine. I think we have a deficiency there and it could be a problem. Ms. Jenkins: He is correct that there is quite a bit of parking. We do enjoy the luxury of a 95% full shopping center. Two things I would like to point out. He did mention a Papa Romano's Pizza. That is a 100% strictly carry-out facility so there is no long parking for that establishment. Secondly, this bakery that is going in is intended to what we would say feed off the other Japanese uses within the shopping center so the majority of this person's customers will be those shoppers that are already there. Mr. Morrow: There is a Japanese restaurant. What are the other Japanese uses in there? Ms. Jenkins: Akasaka, which is a Japanese restaurant. There is Kayama Shaten, which is a Japanese grocery store. There is a company called JBC, Japan Book Center, and they have a store which deals entirely in books in the Japanese language. There is also a travel agency that is Japanese owned and they have a great Japanese following. Mr. Morrow: How many seats could he have within that bakery? Mr. Nagy: The bakery itself is a permitted use. There would be no consumption of food or beverage allowed within a bakery and that is why he is appearing before you to get a variance granted so food and beverages can be served. Mr. Morrow: I have a concern about the restaurant waiver portion of it. I think the gentleman has a viable bakery but coupled with the requirement of a sit-down form of restaurant within that center, as we pointed out it is a very busy center, for that reason I do have difficulty with the petition. Mr. Gniewek: Mr. Mitchell, if conditions were put on this particular waiver use that only baked goods could be served and no other food items, just the baked goods and your beverages that you would normally serve, would that be a problem? Mr. Mitchell: I cannot answer that. My parents are also owners and they are in Japan right now so I would have to speak with them. 11864 Ms. Jenkins: When I mentioned noodles as being an item, it would be what we perceive as being a danish pastry. They would eat a rice ball with sweet beans. To them that is a dessert item. Mr. Gniewek: He would serve dessert items as opposed to hot dogs, hamburgers, sandwiches. Mr. Engebretson: I disagree with the premise that the parking load on this center's parking lot would not be increased because of the people, by definition, are already going to be there shopping at some other Japanese facility. I don't think that is the case. I think people are as likely to come here for whatever products they are buying and it will attract additional traffic. I live near this shopping center and I have been in there exactly twice. I won't go there unless I have to because you can't find a parking space and the parking spaces are narrow and I don't feel comfortable parking my car there so I just don't use that shopping center. I think the fact that I feel that way is irrelevant. I think the fact that the Police Department feels the parking is overused and that this would compound that problem and it is on that basis that I am going to oppose this waiver use. There was no one else present wishing to be heard regarding this item and Mr. Engebretson, Chairman, declared the public hearing on Petition 91-12-2-31 closed. On a motion duly made by Mr. Tent, seconded by Mr. Kluver and unanimously approved, it was #12-192-91 RESOLVED that, pursuant to a Public Hearing having been held on December 17, 1991 on Petition 91-12-2-31 by Narciso Ruano, Nobuko Mitchell and Timothy Mitchell requesting waiver use approval to operate a limited service restaurant in an existing building located on the north side of Six Mile Road between Newburgh Road and Fitzgerald Avenue in the Southwest 1/4 of Section 8, the City Planning Commission does hereby recommend to the City Council that Petition 91-12-2-31 be denied for the following reasons: 1) That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19.03 of the Zoning Ordinance #I543. 2) That there are currently two restaurants in operation within the subject shopping center and, therefore, there is no need for expanded food services. 3) That this area of the City is already sufficiently served with restaurant type uses. 4) That the proposed use is incompatible to and not in harmony with the surrounding uses in the area. 5) That the proposed use will substantially add to the parking load of this shopping center, which is already used to capacity, thereby compounding the parking problems for this center. 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. 11865 Mr. Engebretson: I would like to add a comment. There was reference made earlier that Papa Romano's was exclusively a carry-out restaurant and I think it has been within the last year that Papa Romano's proposed to add seating and we denied that and it was not appealed to the City Council. That denial was based in a large part on the fact that the parking is a problem and it is an overused facility. e,` Mr. Morrow: I am going to vote in favor of the denying motion but I would urge the petitioner to strongly consider conforming to the permitted uses within that center. It sounds like it is something people will drive to secure and not necessarily have to sit down but that is just my opinion. I would encourage him to operate within the permitted use. Mr. Gniewek: I would echo Mr. Morrow's sentiments on that particular subject. I think the bakery would fit into the center but I do have a problem with 30 seats and a waiver use in that area. Mr. Engebretson: For the record I agree with you. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Engebretson, Chairman, announced that the public hearing portion of the meeting is concluded and the Commission would proceed with items pending before it. On a motion duly made by Mr. Gniewek and seconded by Mr. Vyhnalek, it was #12-193-91 RESOLVED that, the minutes of the 634th Regular Meeting held on December 3, 1991 are approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, McCann, Gniewek, LaPine, Morrow, Vyhnalek, Engebretson NAYS: None ABSTAIN: Kluver ABSENT: Fandrei Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made by Mr. McCann, seconded by Mr. LaPine and unanimously approved, it was #12-194-91 RESOLVED that, the City Planning Commission does hereby approve Petition 91-12-8-21 by Daniels and Zermack Associates requesting approval of all plans required by Section 18.58 of Zoning Ordinance #543 in connection with a proposal to renovate an existing building and construct a new drive up banking canopy on the north side of Five Mile just west of Middlebelt in Section 14, subject to the following conditions: 1) That Site Plan 9007 Sheet SP-1 dated 12/4/91 prepared by Daniels and Zermack Associates, Inc. is hereby approved and shall be adhered to; 11866 2) That Building Plan 9007 Sheet SP-3 dated 12/4/91 prepared by Daniels and Zermack Associates, Inc. is hereby approved except for the wall sign shown on the east building elevation which is nonconforming and would require a variance from the Zoning Board of Appeals. 3) That the Landscape Plan 9007 Sheet SP-2 dated 12/4/91 prepared by Daniels and Zermack Associates, Inc. is hereby approved with the added condition that all landscaping on site be irrigated instead of just around the perimeter of the building. 4) That the proposed second drive approach to Five Mile shall be constructed in full compliance with both City and County standards for ingress and egress. 5) That the units on top shall be shielded from the view of pedestrian and motor traffic by screening such as an extension of the parapet wall and the screen and units shall be painted the same color as the building. Mr. Engebretson, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 635th Regular Meeting and Public Hearings held on December 17, 1991 was adjourned at 8:55 p.m. CITY PLANNING COMMISSION Raymo W. Tent, Actin Secretary ATTEST: =I c r C illp Jack' Engebretkon, Chairman jg