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HomeMy WebLinkAboutPLANNING MINUTES 1953-04-16 467 MINUTES OF A PUBLIC HEARING AND THE THIRTY- SECOND REGULAR MEETING OF THE PLANNING COMMISSION A public hearing was held by the City Planning Commission on Thursday, April 16, 1953 at the City Court Building, Livonia, Michigan. Chairman, Dallas Hay, called the meeting to order at approximately 8:15 PM. Members present: George Bentley Helen Byers Edwin Conway H. Paul Harsha Dallas Hay Clarence Jahn Elmore McNiece Walter Russell Members absent: Robert Maclntyre Wm Brashear, City Attorney, was present, and approximately 150 persons were in attendance. The Chair requested the secretary to read the first petition Z-2, Lena and John Thom of 27585 Schoolcraft, et al. Mr. John Thom, Mr. Wendell Geiger and Marie Geiger were present and did not wish to add anything to the petition. No one was present to oppose the petition. Upon a motion duly made by Edwin Conway and seconded by Clarence Jahn, it was RESOLVED, that the Planning Commission recommends to the City Council the request of John and Lena Thom, 27585 Schoolcraft, et al, in Section 25, in petition Z-2 to change zoning classification from M-2 to RUFB to a depth of 300 feet from the south boundary of Schoolcraft be granted. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Russell, Harsha, Hay and Byers NAYS: None The secretary read petition Z-4, Abe Green and Henry Alper, asking that the zoning classification be changed from M-1 to Rri on property south of Plymouth Road between Middlebelt and Merriman in Section 35. No one was present to speak in favor of the petition and no one was present who opposed it. There was a discussion regarding the fact that the petition did not call for an A or B classification. Upon a motion duly made by George Bentley and seconded by Edwin Conway, it was RESOLVED, that the Planning Commission recommends to the City Council that the request in petition Z-4, Abe Green and Henry Alper, to change zoning classification from M-1 to R-1-B of 79 acres, more or less, starting at a point 123 feet west of Middlebelt, running westward to the centerline of Section 35, be granted. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Russell, Harsha, Hay and Byers NAYS: None 469 The secretary read petition Z-5, Abe Green and Henry Alper, requesting that the zoning classification be changed from M-1 to R-3 on the property on the west side of Middlebelt between Plymouth and West Chicago, Sec. 35, Mr. Ed Johnston, 14404 Farmington, asked the secretary the date of that petition just read. The secretary advised the filed date was 2/24/53. Mr. Waring, Planning Consultant, arrived at approximately 8:30 PM. Upon a motion duly made by George Bentley and seconded by Edwin Conway, it was RESOLVED, that petition Z-5, Abe Green and Henry Alper, be tabled until the regular meeting to be held after the public hearing. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Russell, Harsha, Byers and Hay NAYS: None The secretary read petition Z-6, Anne B. Slapinskas, 27523 West Six Mile Road requesting a change in the zoning classification from R-1-B to C-1 in Section 13. A letter was read from Mr. H. Pratt, Attorney, representing Mrs. Slapinskas, stating that he would not be in town for the hearing and requested an adjournment of the hearing of petition Z-6 until the next meeting. Another letter was read, regarding petition Z-6, from Dennis and Rose Meffer, stating that they are against the change. No one was present representing the owner. The Chair asked if anyone was present who was opposed to the petition. Approximately 20 persons raised their hands. Upon a motion duly made by Walter Russell and seconded by Edwin Conway, it was RESOLVED, that an adjournment be granted to Mr. Pratt. Messrs. Russell and Conway withdrew the motion and second until it was determined how many persons favored the postponement. Mr. W. A. Haigh, 16480 Rougeway, said that they had been here before and does not want to spend more time doing so. Mrs. Dewey Moore, 27510 Whitcomb, said that they wanted to handle this thing fair, but could not see why Mrs. Slapinskas was always absent from the hearings on her petition. A motion was duly made by Mr. Russell and seconded by Mr. Conway, it was RESOLVED, that an adjournment be granted to Mr. Pratt. A roll call vote on the foregoing resolution resulted in the following: AYES: Conway and Russell NAYS: Bentley, McNiece, Jahn, Harsha, Hay and Byers 471 The Chair announced that the resolution did not carry. Mr. Haigh, 16480 Raugeway, said that this property has been under discus- sion and went before the Common Council who overruled this Board. Mrs. Slap inskas has not paid the taxes through the years and the people who owned the building when it was padlocked still own the building, and they want to put a beer garden in there. Mr. Haigh wondered why it is necessary that the people have to fight this thing every year. Mr. Brashear gave a brief of what is permitted under the state law re- garding the number of times a petition may be submitted. Mr. Hornbeck, 16405 Rougeway Drive, said he believes that the original restrictions were commercial. He said, "It was zoned residential when we bought, and there was no commercial area on any corner. If they were looking out for their interest and had the idea of commercial property they should have applied during the grace period. " The secretary passed a slip of paper around for all those objecting, to sign their names and addresses and same is attached to Petition Z-6. Upon a motion duly made by Elmore McNiece and seconded by Clarence Jahn, it was RESOLVED, that the Planning Commission recommends to the City Council that the request in petition Z-6 Anne B. Slapinskas, 27523 West Six Mile Road, for rezoning her property on Six Mile from R-1-B to C-1 classification, be denied. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Russell, Harsha, Byers and Hay NAYS: None The Chair called a recess at 9:05 PM. The meeting was called to order at 9:10 PM by the Chairman, Dallas Hay. The secretary read petition Z-7, John Krumm, requesting a change of zoning from AG-2-B to C-2 on the north side of Seven Mile between Newberg and Gill Roads, Lots 34, 35 and 36 and Lot X39 owned by Clarence 0. Pontius in Section 5. Mr. Krumm was not present. Mr. R. L. Wallace, "When I bought lots out there it was before the zoning ordinance. I bought them as business frontage and the ones on Fitzgerald are residential. This was around 1945 and I had to give easements for utilities at that time." The secretary read a letter from Mr. Pontius dated April 4th regarding petition Z-7, stating that he favored the change in zoning. Mr.. S. Clark, 36800 W. Seven Mile, said that on June 17, 1937 he started the Mighigan Barn Dance. Mr. Clark said, "There was no law saying that we could not build there. Mr. Wolfe said to go ahead and build. We would like the land that our business is located on zoned business." Mr. Wm Ponder, Attorney, 31707 Plymouth Road, representing adjacent property owners, submitted a letter of protest and he then asked the peopleib stand in a group in order that the Commission might see how many opposed the change of zoning. The Chair asked if all the people present 473 had signed the petition. They had. Mr. Ponder then gave a detailed ex- planation as to the reasons for opposition to the petition. The Chair asked the people to stand who were against granting the petition. There were 20. Upon a motion duly made by Elmore McNiece and seconded by Edwin Conway, it was RESOLVED, that the Planning Commission recommends to the City Council that the request in petition Z-7, Samuel I. Clark, et al, to change zoning classification from AG-B to C-2, be denied. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Russell, Harsha, Hay and Byers NAYS: None The Chair called a recess at 9:35 PM. The Chair again called the meeting to order at 9:40 PM. Mr. Russell left the meeting at approximately 9:40 PM. The secretary read petition Z-8, Rosby McKinney, et al. A letter dated April 13, 1953 was read by the secretary, stating that the petitioners requested an adjournment for a period of at least 30 days. No one was present objecting to the petition or the adjournment. Upon a motion duly made by Edwin Conway and seconded by Clarence Jahn, it was RESOLVED, that the public hearing on petition Z-8 be postponed until the next public hearing. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Harsha, Hay and Byers NAYS: None Petition Z-9 was read by the secretary, concerning an error in the zoning map. The petition requested a zoning classification change back to C-1 on Five Mile between Middlebelt and Inkster Roads, and that the map be changed according y. Messrs. Lodge, Zwolinski and Sossi were present and favored the change. Upon a motion duly made by Edwin Conway and seconded by Clarence Jahn, it was RESOLVED, that the Planning Commission recommends to the City Council that the zoning classification of property located on the north side of Five Mile beginning at Deering and running east to a point 150 feet east of Foch having a depth of 100 feet, all located in the SE 1/4 of Section 13, be changed from R-1-B to C-i. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Harsha, Hay and Byers NAYS: None 475 Petition Z-10 was read by the secretary. The petition requested a change of zoning from P to R-1-B on the west side of Merriman about 150 feet south of Five Mile Road. Mr. David McCotter, 15232 Auburndale, "This petition was sponsored by the Livonia Gardens Civic Association, and I am President. We do not object to the P zoning in the new ordinance. The request is being made to change back to R-1-B until the owners decide what is to be built there." Mr. Carl Lawrence, 15209 Arden, "When I purchased my property I was of the understanding that the property adjacent to mine was zoned resi- dential. The property has been rezoned and they are petitioning to be changed back to residential. What is going to be put up on the property or beside it, so that the property owners will be notified and will be able to take action." The. Chair asked how many persons were present who agreed with Mr. Lawrence. There were 15. None of the petitions was present. Mr. Brashear advised Mr. McCotter that there is an agreement that can be entered into by both parties that would be binding on what is built on the property. Upon a motion duly made by Elmore McNiece and seconded by Miss Byers, it was RESOLVED, that the Planning Commission recommends to the City Council that the zoning classification of Lots 108 to 111, inclusive, having frontage on Merriman Road of 95 feet and Lot 124 and the north 1/2 of Lot 125, having a frontage on. Arden of 75 feet of Livonia Gardens Sub- division, Section 22, be changed from a P classification to an R-1-B classification. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Harsha, Hay and Byers NAYS: None The secretary read petition Z-11, requesting a zoning change from P to B-1-73 on the west side of Inkster approximately 120 feet south of Plymouth Road. Mr. John Oestrike, 11421 Inkster, "We purchased our home on November 6, 1952 not prior to the change. We bought with the understanding that it was residential. We were also informed that it could not be used for parking. Mr. Frischkorn said it was not commercial property. After We purchased we found it was zoned in the new zoning ordinance as P. We found that there was a covenant between the New Detroit Subdivision and Mr. Frischkorn and the restriction was for one-family homes. We are petitioning for it to be changed back. After I learned that it was zoned for parking, I came back to the City Clerk and Learned the story IL: and then went to the Verterans Administration. They made a reappraisal of my property and next door, and informed me that it was appraised downward of $1250.00. I am asking that all the lots be changed back. I am not concerned with the property on Plymouth." 477 Mr. Wednig, 11428 Arcola, "We bought Mr. Frischkorn's model home. At the time, the vacant property was between the alley and my house and we asked the salesman what it was going to be used for and he said he did not know. Mr. Oestrike informed me that it was zoned P." Mr. John Jankowski, 11442 Inkster, Redford Township, "We feel the same as the neighbors. It was a dust bowl when Frischkorn was building. It would depreciate our property. We bought with the understanding it was residential." Mr. Strand, 11003 Arcola, President of the New Detroit Civic Association, "We are 100% opposed to the parking lot." Mr. Strand then read from the restrictions. Mr. Gerald Hanson, 9618 Cavell, "I have no quarrel with the builder. Why shouldn't this covenant and his word be respected." Mr. Potter, 11323 Inkster, "I agree that it should be residential. We bought with the understanding it was to be residential." Mr. Sam Whitt, 11023 Arcola, "I understood it was to be residential but it turns out like it is. Mr. Strand has an agreement and I think it should be lived up to." Mr. Frischkorn,"I think it is needless to talk about the traffic at Inkster and Plymouth. Insofar as business frontage is concerned, it is absolutely essential to have parking facilities. There must be some provision for those cars." Mr. Frischkorn said further that he made no false statements to anyone as the use had not been determined. He was also of the opinion that the zoning regulations overruled any subdivision restrictions. The City Attorney did not agree. Following a discussion, a motion was duly made by Helen Byers and seconded by Mr. McNiece, it was RESOLVED, that the Planning Commission recommends to the City Council that the request of J. H. Oestrike in Petition Z-11 to change the zoning from "P" to R-1-B on Lots 147, 317, 318, 319 and 320 of the New Detroit Subdivision in Section 36, be granted. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Harsha, Hay and Byers NAYS: None Miss Byers then asked for the floor and explained to the people that she had devoted two full days to investigating the attitude of persons living next to parking lots in Redford Township and Detroit. She revealed that she discovered no ill-feeling towards the parking lots because in those cases the people bought their property with full knowledge that a park- ing lot would exist there. At approximately 10:45 PM, a motion was duly made by Clarence Jahn and seconded by Edwin Conway and carried unanimously, it was 479 RESOLVED, that the public hearing be adjourned. The Chair declared the meeting adjourned. MINUTES OF THE THIRTY-SECOND REGULAR MEETING Chairman, Dallas Hay, called the thirty-second regular meeting to order at 11 PM. Members present: George Bentley, Elmore McNiece, Edwin Conway, Clarence Jahn, H. Paul Harsha, Dallas Hay and Helen Byers Mr. Brashear and Mr. Waring were present. The Chair called on Mr. David McCotter who explained to the Commission that the Board of Education was concerned with the traffic situation that might prevail if traffic is not deterred somewhat on the roads leading to the high school. "We have asked that certain streets he jogged, he said, There was a question regarding the placement of the elementary school. Could it be placed in such a manner to help in this traffic problem. The location in question is the SW corner of Hubbard and Lyndon. He asked the Commission to advise the school board if they thought that the problem was worthy Of further study. Upon a motion duly made by Helen Byers and seconded by Clarence Jahn, it was RESOLVED, to refer to the Joint Study Committee (Messrs. Jahn, Maclntyre and Miss Byers) the situation reported by Mr. McCotter, and to meet with the Joint Committee, Saturday, 4/18 at Livonia Center School at 10 AM. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Harsha, Hay and Byers NAYS: None Messrs. Krewson and Brown were recognized by the Chair. These men were present regarding the removal of topsoil from the Dohany Subdivision on Eight Mile Road. Mr. Brown said that this property is being readied for medium class homes, and that they intend to do a job that is a credit to Livonia. Mr. Brashear asked Mr. Krewson if the property is protected against children being hurt. Mr. Krewson said that there are banks leading to the holes but there are no steep walls. Mr. Brashear asked if the owner of the land would give a letter to the Bureau. of Inspection stating that they will comply with the ordi- nance for the entire piece of land, and that if a permit is granted a bond would have to be given and on that piece of land it would have to be leveled off. 481 Miss Byers said that she had talked with people living on Morlock St. and they said that they could not open their doors in the summer time, as the dust was blowing so bad. Mr. Krewson said that would be remedied. Upon a motion duly made by Clarence Jahn and seconded by Edwin Conway, it was RESOLVED, that R. L. Krewson's application for permit to remove topsoil be approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Harsha, Hay and Byers NAYS: None Mr. Brashear suggested that Mr. Waring write a letter to the Bureau of Inspection as to certain requirements for removal of soil as all of these details do not concern the Plenring Commission. Mr. Krewson's application, signed by the Chairman, was given to Mr. Jahn to deliver to the Bureau. of Inspection the following morning. Upon a motion duly made by Mr. McNiece and seconded by Edwin Conway, it was RESOLVED, that the minutes of the thirty-fifth special meeting held on April 2, 1953 be approved, except for the following correction: The second and third resolutions on page 465, shall be corrected to read as follows: right after "the removal of topsoil, etc. ," "Especially where it reads, 'No soil, sand, clay, gravel or similar material shall be removed below the normal building grade as established from the nearest existing or proposed street, by the Department of Public Works." A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Harsha, Hay and Byers NAYS: None Upon a motion duly made by Clarence Jahn and seconded by Helen Byers, it was RESOLVED, to extend Mr. Krewson's temporary permit until noon April 17, 1953 at which time he will secure the permanent permit after posting a $5,000.00 bond. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Harsha, Hay and Byers NAYS: None Petition Z-5 was discussed. Messrs. Green, Alpert and Ettenheimer were present. 483 Upon a motion duly made by Edwin Conway and seconded by Clarence Jahn, it was RESOLVED, that the Planning Commission recommends to the City Council that the request in petition Z-5, Abe Green and Henry Alper, to change zoning classification from M-1 to R-3 on that parcel of land on the west side of Middlebelt Road, running west 123 feet and north from West Chicago, 1,319 feet, more or less, be granted. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn and Hay NAYS: Harsha and Byers Mr. Harsha left at 11:55 PM, also Mr. McNiece. Upon a motion duly made by Clarence Jahn and seconded by Edwin Conway, it was RESOLVED, that George Cummin, 14262 Crosley, be granted a permit to remove topsoil in Section 20, after posting a $2,000 performance bond. (Owner: D.L. Scates, 35486 Schoolcraft.) A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, Conway, Jahn, Hay and Byers NAYS: None Upon a motion duly made by Clarence Jahn and seconded by George Bentley, it was RESOLVED, that the Chairman be authorized to approve the application for permit to remove topsoil submitted by Percy H. Gardhouse, Eight Mile Dirt & Sand Co. , 19426 Grand River (Mrs. Helen Ely, 424 Plymouth, owner) in Section 11, east side of Merriman between 6 and 7 Mile with a performance bond of $2,000 being satisfied that the grade has been properly set and approved by the DPW. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, Conway, Jahn, Hay and Byers NAYS: None Upon a motion duly made by Clarence Jahn and seconded by Edwin Conway, it was RESOLVED, that a special meeting be held on Thursday, April 23, 1953. A roll call vote on the foregoing resulted in the following: 1 485 AYES: Bentley, Conway, Jahn, Hay and Byers NAYS: None Upon a motion duly made by Clarence Jahn, seconded by George Bentley, and carried unanimously, it was RESOLVED, that this meeting be adjourned. Thereupon, at approximately 12:10 AM, the Chair declared the meeting adjourned. elen E. Byers, ec tart' ATTESTED: 4 :;2)124r460 Dallas F. Hay, Chai