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HomeMy WebLinkAboutPLANNING MINUTES 1951-01-17 115 MINUTES OF THE PUBLIC HEARING AND SPECIAL MEETING OF THE PLANNING COMi: ISSION OF THE CITY OF LIVONIA A public hearing and special meeting of the Planning Commission of the City of Livonia were held on January 17, 1951, at 8:05 P.M., at 33110 Five Lile Road, Livonia, Michigan. The following members were present at the meeting: George Bentley Helen Byers Edwin Conway "falter Russell Robert ;McIntyre Clarence Jelin Dallas Hay Absent: Harold Bower Carson Johnston Mr. M. `,'faring, Planning Consultant, and William Brashear, City Attorney, were also present. Chairman Bentley presented Petition #16 to the public. Helen Byers, Secretary, reed the following description: "Clarence 'r`d. Rathburn end Anne E. Rathburn, his wife, end Kenneth W. Rathburn end Madelon Rathburn, his wife, ask that the zoning classification of the lend described in said petition situated on the North side of Plymouth Road immediately East of M.iddlebelt Road, be changed from its present classification (C-1 and R-1-C) to M-1." The petitioners were not present at the meeting and there were no objections to the change by anyone who was present. Petition #17 - B. E. Taylor, Inc. requested change from its present classification (C-1) to R-1-B. The property is located on the North side of Schocicraft immediately west of Hillcrest. The petitioners were not present and there were no objections to the change by those who were present. Petition #18 - Howard A . Taylor requested the zoning classification of Lots #21, 22, end 23 (located on the South side of Ann Arbor Road immedi- ately East of Horton) be changed from its present classification (R-1-C) to C-1. Chairman: Mr. Taylor, what are your reasons for requesting this change? Mr. Taylor: The property is located on a business street and it's better to have business all around. Chairman: Is that near school property? Mr. Taylor: No. There is a real estate office and furniture place in between. Chairman: Are there any objections to this change? There being none, we'll go on to the next petition. 117 Petition #19 - Lowrie Lumber Company asks that the zoning classi- fication of the parcel of land (described in the petition and having frontage on the North side of Plymouth Road approximately 1200 feet East of Farmington Road) be changed from its present classification (R-U-F-B) to r -1. Mr. Wayne Van Osdol appeared as representative of the Lowrie Lum- ber Company. "We want to build an office building and showroom for the lumber company (on Plymouth Road) . This portion at the rear is presently zoned M-1, while the property in between is zoned for farming. We are attempt- ing to purchase land from numerous owners in order to get frontage on highway and railroad right-of-way which we need. To operate a lumber company, it is necessary to purchase acreage. We have options to purchase additional property to build a road (lending in From Farmington Road) . We have taken options on three different portions which are up by the 19th of January." Er. Conway: Why didn't you file before? Miss Byers: The petition was filed in November after last public hearing was held. Er. Conway: Are there any houses neer the property? Mr. Savage: (of Newmann Farms) These people have built houses here and here (pointing to map) . Mr. Bentley: The Board would like to know about property near the proposed street (off Farmington Rond) . Also, whether or not, if we decide in favor of Lowrie petition now, will it affect Newmann land which is residential as well as some industrial. Mr. Savage: No objection. Mr. Conway: What about streets going through - in case of the Fire Department. Mr. Bentley: Has any street been cut through? Mr. Savage: No. Mr. Van Osdol: Vie pre going to out e road through from Fnrmington Road. Miss Byers: How close would the road be to houses already there? I em assum- ing that this land belongs to people still owning property on both sides of proposed road. Er. Van Osdol: I assume that if the Board is favorable, the Council will. follow their recommendations? I would like to explain that we con- template quite a development and we are also contemplating hiring a good size number of employees. We have been operating in Detroit for 50 years. Mr. Hughes, 13741 Farmington Road: couldn't a C-1 classification fit in? Chairman: No, II-1 is for light industry. 119 Chairman: ''!e will now take up Petition #20. Mr. Fowler: ;e have had offers to buy our lots for better business such as shows, bowling alleys and super markets. as it is now we have 100 feet depth and 1,000 foot lots which we can't do anything about and we have had several propositions, if they consent to put uo different buildings, and several other owners have also had several offers. Miss Byers: Does the 425 feet set-back measure from the center of the road? Mr. Fowler: Yes. Mr. Pasen: I own 900 feet behind the attorney's office. I would like to know whether there will be another road out there. Mr. Fowler: • A Mr. Smith built on two 80-foot lots and he sold to another party, who sold a couple or 3 lots in surrounding area with no out- let. Records on the 00-foot lots show Mr. Savage subdivided into two acre lots. This man built houses back there with the intent of renting end later sold to other parties. Mr. Pasen: I own 177 feet of the road and 198 back of that. I have access to the highway and the other people must use my property. Mr. Brashear: Mr. Bentley and Commissioners: The matter of streets is a separate matter entirely to be decided on at the proper time. The matter to consider now is the use of the land. The law says you cannot sell a man property without allowing him access to the high- way. He has the right to use another man's property to get to the roadway. hr. Maxwell Smith: I have 425 feet to be changed. Mr. Bert McKinney: I have 260 feet in depth. Mr. Fowler: Clyde Carey hes 407 depth, and a man K. White has about 200 feet. Chairman: Any more comments? We will now take up Petition #21. Arthur E. Fulton and Violet V. Fulton, his wife, ask that the zoning classi- fication of premises fronting on Joy Road and extending full width between Hix Road and Houghton Street to a depth of 140 feet be changed from its present classification (h-U-F-B) to C-1. Mr. A. R. Van Ness: I represent Mr. Fulton. He brought that property as business frontage and he wants to sell as business frontage. It was platted that way. Chairman: Any objection to the change? If not, we will go on to the next petition. Petition #22 - Shelden Land Company requested that the classification of the premises situated on the Southeast corner of Plymouth noad and Farmington Road, be changed from its present classification (r:-1-A and C-1) to C-2. Petitioners not present. Chairman: Anyone here to speak for or against? Are there any objections to change? 1111 Petition #23 - Margaret Rye requests that 9.49 acres located on Ann Arbor Road in Section 31 be changed from its present classification E (AG-2-B) to C-1. Petitioners not present. Chairman: Understand, Ladies and Gentlemen that we make our recommenda- tions to the Council. They are not bound to follow our recommen- dations. Their next meeting is Monday night. The public hearing ended pt 8:55 P.M. The special meeting of the Commission was called to order by the Chairman at 9:00 P.M. On a motion made by Clarence Jahn, seconded by Edwin Conway and unanimously passed, it was RESOLVED, that the request for change in Petition #16 (Rathburn) of zoning classification from R-1-C to W-1 be granted; provided, however, and on the condition that the owners shall observe a building line set-back of at least 60 feet from the center line of both Plymouth and Middle- belt Roads. On a motion made by Clarence Jahn and seconded by Robert MacIntyre, I[: it was RESOLVED, that Petition #17 (B. E. Taylor, Inc.) requesting change of zoning from C-1 to R-1-B be granted. The Chairman declared the foregoing motion passed. Petition #18 - H. A . Taylor. The Secretary read the comments of Mr. :Faring, Planning Consultant: "A small area such as is included in this petition is classified as 'Spot Zoning' and is not considered to be good community planning nor is 'spot zoning' upheld by the courts. Should there be a definite need f'additional business in this general area, then a some- what larger district should be considered which could supply sufficient off- street narking." Clarence Jahn: I make a motion that we table this petition for several days from the standpoint of being fair to the petitioner. I want to examine this property before making a decision. Mr. Brashear: The Commission should consider the location of the property, also the use to which the property can be put. The traffic hazard on Plymouth Road does exist, for business property as well as residential. Mr. Conway: what I am trying to find out, if it's R-1-C now, why is this antique shop and real estate office already there, and this fellow (Taylor) wanting to build or sell for business; why, he would have a good argument. 123 Clarence Jahn: Possibly the other people along there would get another petition in. If he would come in and ask for a change, we can't say 'yes' all of the time. Mr. Bentley: Let's table this for a time. On motion of Edwin Conway, seconded by Clarence Jahn, it was RESOLVED, that Petition ##18 (h. A . Taylor) be tabled until the next meeting which will be held January 31, 1951. The Chairman declared the foregoing resolution passed. Petition #19 - Lowrie Lumber Company. Mr. Conway: Years ago when I first moved out here, I worked as a volunteer fireman. In case of fire we wouldn't have any access to the back of the buildings in this area. This fellow has a house here now. What's he going to do in the back there? You have the same con- dition in the whole subdivision. He hasn't any way to get to the back of his property (in case of fire) . Er. Brashear: The subdivision was poorly planned, but regardless of that situation, it was platted before the City was incorporated. People bought the land with certain rights and you cannot take their rights away by changing the classification of the land. Walter Russell made a motion which was seconded by Dallas Hay, and it was RESOLVED, that Petition #19 (Lowrie Lumber Company) request- ing change of classification from R-U-F-B to 1,-1 be granted with the recommendation, and on the condition, that the owners shall observe a building line set-back of at least 60 feet from the center line of Plymouth Road. The Chairman declared the foregoing motion passed. Petition #20. Robert lacintyre made a motion, which was seconded by Clarence Jahn, and it was RESOLVED, that Petition #20 (South side of Plymouth Road between Farmington Road and Stark Road) requesting change of classification from R-U-F-C to a C-2 classification to a depth of 425 feet from the center line of Plymouth Road be granted with the recommendation, and on the condition, that the owners shall observe a building line set-back of at least 60 feet from the center line of Plymouth Road; at least 43 feet from the center line of Stark Road; and at least 75 feet from the center line of Farmington Road. The Chairmen declared the foregoing motion passed. 125 Petition #21 — Arthur H. Fulton and Violet V. Fulton, wife. The Secretary read the comments of Mr. Waring, Planning Consultant. "These are small 20 foot lots and are one of the many examples of the mistakes made in the past when subdividers were able to sell a small lot with a tag 'Business Lot' for more money than a residential lot. This is a sample of what happens when there is no Planning Commission to assist in providing for a well planned community. Since there is nc concrete evidence that shows need for business at this locaton and since it would become a spot zone if it were changed, we do not recommend the change to C-1." Mr. Edwin Conway made the following motion. PE3CLVID, that Petition #21 be tabled until the next meet— ing which will be held January 31, 1951. The foregoing was seconded by Clarence Jahn and unanimously passed. Petition ;x`22 — Shelden Land Comoany. Edwin Conway made a motion which was seconded by Clarence Jahn, and it was RESOLVED, that Petition ,/22 (Shelden Land Company) request— ing change of classification from R-1—B and C-1 to C-2 be granted with the recommendation, and on the condition, that the owners shall observe a building line set—back of at least 60 feet from the center line of Plymouth Road and et least 75 feet from the center line of Farmington Road. The Chairman declared the foregoing motion passed. Petition #23 — Margaret Rye. ';alter Russell made a motion and it was RESOLV7,D, that Petition 23 —(Margaret Rye) be tabled until the next meeting which will be held January 31, 1951. The foregoing motion was seconded by Edwin Conway and unanimously passed. Mr. George Bentley then read a letter dated January 15, 1951, from The Peter— sime Incubator Company, regarding land at Five bile and Farmington Roads which is being considered for a Civic Center. Mr. Robert Maclntyre made a correct=ion to the minutes of the meeting held December 27, 1950 in which it was stated that Mr. Malcolm Waring, Planning Consultant, was present. Zr. Waring was not present at the meeting. On the motion of Robert Maclntyre, seconded by Clarence Jahn, it was agreed to adjourn this meeting until January 31, 1951. The meeting thereupon adjourned at 10:00 P. . I it1-4, ---E g1.44/ X;elen E. Byers — Se 7tnry Attested: k.e.,,Lat- George N. entley — Chairm2