HomeMy WebLinkAboutPUBLIC HEARING 1963-03-18 SAD CAVELL SECTION 36 Page 5927
MINUTES OF PUBLIC HEARING ON ASSESSMENT ROLL
FOR PAVING CAVELL AVENUE IN SECTION 36
On March 18, 1963, the above hearing was held at the City Hall, 33001 Five
Mile Roads Livonia, Michigan, and was called to order by the President of the Council
at approximately 8:38 P. M. Present-- Sydney B. Bagnall, John T. Daugherty, William
E. Parks, Rudolf R. Kleinert, Edward H. McNamara and James R. McCann. Absent-.
John F. Dooley.
The Pre3ident stated that pursuant to the provisions of Ordinance No. 401,
as amended, of the City of Livonia, entitled "An Ordinance to Provide for the Making
of Public Improvements, Defraying the Expense Thereof by Special Assessment and a
Special Assessment Procedure," and likewise pursuant to a Notice of Public Hearing
duly published and sent to property owners in accordance with said Ordinance No. 401,
as amended, the City Council was opening a Public Hearing for the purpose of review-
ing the assessment roll for the installation of paving on Cavell Avenue between
Plymouth Road and West Chicago Road in the Northeast 1/4 of Section 36 in the City
of Livonia.
Questions, comments and communications by interested persons were given
due consideration by the Council, a transcript of which is on file in the office
of the City Clerk.
There being no further comments, the Public Hearing was declared c losed
at approximately 9:20 P.M., March 18, 1963.
Mari Jnr. Clark, City Clerk
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Page 5928
PUBLIC HEARING ON APPEAL OF NICHOLAS GEORGE RE: PETITION M-274
The above public hearing was held on March 20, 1963, at the City Hall,
33001 Five Mile Road, Livonia, Michigan, and was called to order by the President
of the Council at 8:17 P. M. Members of the Council present: Sydney B. Bagnall,
John T. Daugherty, William E. Parks, John F. Dooley, Edward H. McNamara and
James R. McCann. Absent: Rudolf R. Kleinert.
Approximately two hundred residents were in attendance.
The President stated that the public hearing was held for the purpose
of hearing the appeal of NichGlas George from the decision of the City Planning
Commission in denying Petition M-2711 for Drive-In Theater at Plymouth and Levan
Roads in the City of Livonia.
Don Leider of Country Homes Subdivision spoke in opposition to the
petition:
1. Concerned with the tax bills; feels that this industrial zoning
property could be placed to better use by bringing in industry that
would pay a fair rate in taxes rather than a drive-in theater which
brings in less;
2. Considers it a traffic hazard;
3, Expressed sympathy with St. Marys Hospital and the traffic hazard
on Levan Road, which leads to the hospital. Feels drive-in traffic
would tie up Levan Road and that the road is not capable of handling
the traffic.
14„ General nuisance factor; subject to teenagers on the way home,
coming through subdivision dumping debris, in addition to the type
of driving they do.
5, Property values will be decreased.
6. Traffic coming at the same time as Ford Motor changes shifts.
Factory traffic is adult traffic in comparison to traffic from a
drive-in.
William N. Ponder, Attorney for the petitioner, spoke in defense of the
petition. Based appeal on the belief that the Planning Commission erred.
1. Planning Commission admits that they comply with the 1,000
foot requirement;
Page 5929
2. Traffic; obtained traffic survey study put out by County in
1962. Drive-in Theater produces about 300 or 100 cars on Monday
through Friday. Saturday it increases to about 1000 cars. Ford
Motor putting out three or four times per day the traffic as the
theater would put out. If a plant came in, it would produce more
traffic than the theater. Any use of property in industrial zoning
is going to increase traffic.
3. Had contacted surrounding areas where they have drive-in theaters
and stated that they have no juvenile delinquency problems as the
result of the drive-in. Felt this was a valid use for the area.
Mrs. Lyman, Riverside Church of God, spoke in opposition to the petition.
Concerned about value of their property; mentioned noise from traffic interfering
with church services now. The theater would increase this.
Sam DeChamp, Country Homes Subdivision, spoke in opposition to the
petition; specifically about the traffic problem.
Don Freeman, Country Homes Subdivision; traffic problem; accident
rate at Plymouth and Levan, highest accident rate in the City of Livonia.
Jerry Scully, Country Homes Subdivision, spoke in behalf of the
St. Marys Hospital regarding traffic problem.
William Gaunt, Chairman of Livonia Traffic Commission, read resolution
from Traffic Commission recommending that Drive-In be denied; also recommending
that this matter be held up until traffic count can be obtained from Michigan
State Highway Depar tment.
A resident requested that the people of Country Homes be allowed to
vote; if they passed it by 80%, then the Drive-In can be approved.
Councilman Daugherty spoke about traffic count.
Rodney Kropf, Attorney for petitioner, stated that the State Highway
Department has already approved a proposed set of plans for the use of the state
highway for the drive-in theater.
A resident spoke in opposition stating that we already have two theaters
on Plymouth Road.
Page 5930
Robert Scott, Country Homes Subdivision, spoke in opposition regarding
the traffic problem.
The President of the Council read a letter from the Board of County
Road Commissioners re: Petition M-274, stating that they had no objection.
Wtn. Caunt, Chairman of Livonia Traffic Commission, said Wayne County
Road Commission has no jurisdiction over a state highway. State Highway Depart-
ment cannot deny owner of property use or access to his property.
Lionel Briggs, Country Homes Subdivision, stated that the real issue
is the end use of the property involved; Planning Commission has attempted to
maintain this. The use of the property and the will of the people is very clear;
it is the duty of the Council to see that it is upheld.
Mr. Lester Wioborne of Country Homes Subdivision, said it is not the
drive-in theater itself; it attracts certain undesirable elements.
There being no further comments, the President declared the public
hearing closed at 9:18 P. M., March 20, 1963.
Kari, W. Clark, i y erk
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