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HomeMy WebLinkAboutPLANNING MINUTES 1953-03-19 MINUTES OF THE THIRTY-FIRST REGULAR MEETING 437 OF THE CITY PLANNING COMMISSION The thirty-first regular meeting of the City Planning Commission was held on Thursday, March 19, 1953 at the Court House Building, Livonia, Mich. Chairman, Dallas Hay, called the meeting to order at approximately 8:05 PM. Members present: Helen Byers George Bentley Dallas Hay Clarence Jahn Edwin Conway Elmore McNiece Robert Maclntyre Walter Russell Members absent: H. Paul Harsher Mr. Malcolm Waring, Planning Consultant, and Mr. Donald Wilson, Chief Building Inspector, were present. The Chair asked for disposition of the minutes of the last meeting and upon a motion duly made by Clarence Jahn and seconded by Edwin Conway, it was RESOLVED, that the minutes of the thirty-third special meeting be accepted as received. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Russell, Maclntyre, Hay and Byers NAYS: None There was a discussion regarding the fact that a business establishment at Seven Mile and Middlebelt, where manufacturing and assembly will take place, is operL,ting in a C-2 zoning area. Upon a motion duly made by Clarence Jahn and seconded by Walter Russell, it was RESOLVED, that the Building Inspector be requested to inspect that property on Seven Mile and Middlebelt and report back to the Planning Commission regarding same. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Russell, Maclntyre, Hay and Byers NAYS: None The Chair called upon Mr. Jerry Mudie of the Detroit Edison Company inre that company's request to erect an electrical transformer station on the northwest corner of West Chicago and Middlebelt, and to obtain informa- tion as to the requirements, etc. , as set forth by the Planning Commission. Mr. Waring questioned the yard requirements that were suggested and also advised that the property is now zoned M-1, however, before it can be developed the classification will have to be changed to residential, so any yard requirements should be based on the premise that the con- struction will take place in a residential area. Preliminary plans were presented by Mr. Mudie and he advised that it will be an outdoor type substation. 439 Mr. Jahn advised that a subdivider is asking for a zoning classification change to residential in that same area, and this old business should be taken care of first. A discussion followed, and upon a motion duly made by Clarence Jahn and seconded by Edwin Conway, it was RESOLVED, that the Detroit Edison Company's request for a substation be tabled until after the Public hearing of April 16, 1953 due to the plat on file for a subdivision. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Russell, Maclntyre, Hay and Byers NAYS: None The Chair called on Mr. Kerbyson and Mr. Rice (Attorney, representing Mr. Kerbyson) regarding the application for a permit to remove topsoil on Plymouth and Farmington Roads. Mr. Huiquist of the Department of Public Works was present and advised that the property has water pockets and has been dirapped 8 inches be- low grade. A lengthy discussion followed regarding the removal of topsoil. Mr. Rice advised that they were interested in removing the dirt that has been piled up. Mr. Kerbyson advised that the man who owned the property wants to drain the farm, and that he (Kerbyson) has sand that he can scrape over to fill in the 8 inches. Further discussion followed regarding the condi- tion of the land after the topsoil is removed and the possible value that spreading sand would have on the land as to appearance and soil erosion. The Chair asked Mr. Rice for a letter advising the Commission that Mr. Kerbyson would comply with the requirement of spreading 8 inches of sand or a mixture of sand and topsoil, inasmuch as the soil was scraped before the Zoning Ordinance was passed. There was a discussion inre the planting of seed to form a turf on the land that has been stripped of topsoil. Mr. Waring suggested profiles every 100 feet to show what will be left when the removal has taken place. The Chair asked Mr. Rice if the turf could be replaced as was suggested. Mr. Kerbyson said that he could not agree to seed the land as it costs too much money and the owner said that he would seed it. Mr. Rice: "We would be willing to comply with any agreements necessary to the zoning ordinance. As far as I can see there is no reason why we cannot comply. None of this soil will not be fit for growing turf." There was a lengthy discussion regarding the bond posted, i.e. , whether it is sufficient to cover, etc. Mr. Kerbyson was advised that the Planning Commission was well aware that he and several others had rushed to pile topsoil after the Zoning Ordinance was drawn up. Mr. Jahn was of the opinion that property along the railroad, as an example, will be light manufacturing and the removal of topsoil would make very little difference in a case of that kind. However, other property that is to remain residential should not be stripped of the topsoil as this item is by far too important to people buying the property. 441 After further discussion, a motion was duly made by Edwin Conway and seconded by Clarence Jahn, it was RESOLVED, that the following be complied with in connection with the removal of topsoil: (1) that profiles at 100 feet apart be presented showing existing and proposed finished grade, and (2) a turf be established to such a degree that no great amount of sand will blow before release of bond to the satisfaction of all the departments. A roll call vote on the foregoing resolution resulted in the following: All members passed. Another discussion took place and Mr. Conway advised that he wished to state his motion again and wanted to refer to the letter that was re- quested by the Chairman regarding the 8 inches of sand and topsoil to be replaced. Mr. Rice said that he would like to go ahead on the basis of the dis- cussion and the letter will be brought in the next day as the bond has already been signed over to him. Upon a motion duly made by Elmore McNiece and seconded by Clarence Jahn, it was RESOLVED, that Mr. Kerbyson furnish a letter stating the following: (1) profiles at 100 feet apart be presented showing existing and proposed finished grade and (2) a turf be established to such a degree that no great amount of sand will blow before release of bond to the satis- faction of all of the departments and that the Chairman, after receipt of the letter, is authorized to sign the permit. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Russell, Maclntyre, Hay and Byers NAYS: None At approximately 9:45 PM a recess was called, and Messrs. Maclntyre and Russell left. At approximately 9:55 PM the Chair called the meeting to order. The secretary read a letter from the City Attorney dated March 19, 1953 inre a proposed Michigan Bell Telephone Company Exchange Building on Merriman north of Plymouth Road in the southwest 1/4 of Section 26. Mr. Brashear, City Attorney, arrived at approximately 9:55 PM. Mr. Brashear advised that the Western Electric Company has made an allocation of telephone equipment for Livonia and if it is not ac- E it will be used elsewhere. It is not known how soon such equipment will again be available, and it is needed immediately. 443 After due consideration and upon a motion duly made by Clarence Jahn, and seconded by Edwin Conway, it was RESOLVED, that a hearing be held before the City Planning Commission at the Court House Building, 33211 West Seven Mile Road, Livonia, Michigan, at 8:00 PM on April 2, 1953, on the petition of Michigan Bell Telephone Company for per- mission to construct a Telephone Exchange Building on the following described parcels of land: Parcels 11A and 12 of the West 1/2 of the Southwest 1/4 of Section 26, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan; and that at least seven days notice of such hearing be given to the applicant and to all persons to whom any real property within 500 feet of the premises in question shall be affected. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Hay and Byers NAYS: None Miss Byers read a letter of March 17th from the City Attorney regarding petitions that have not been disposed of, etc. Upon a motion duly made by Clarence Jahn and seconded by Elmore McNiece, it was RESOLVED, that the form of notice for hearing on Petitions Z-2 Z-4, Z-5, Z-6, Z-7, Z-8, Z-9, Z-10 and Z-11, as prepared by the City Attorney, is hereby approved and a public hearing on said petitions is hereby set for April 16, 1953 at 8:00 PM at the Court House Building, 33211 West Seven Mile Road, Livonia, Michigan. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Hay and Byers NAYS: None Upon a motion duly made by Clarence Jahn and seconded by Elmore McNiece, it was RESOLVED, Petition No. Z-9, that pursuant to Subdivision (b) of Section 20.01 of the Zoning Ordinance of the City of Livonia, the City Planning Commission having found that apparently an error was made in the Zoning Map attached to said ordinance wherein the classification of the following described parcel of land: Property located on the North side of Five Mile Road beginning at Deering and running East to a point 150 feet East of Foch for a depth of 100 feet, all located in the Southeast 1/4 of Section 13, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan; 445 was changed from C-1 to R-1-B, the Commission does hereby set a public hearing on the question whether or not the above des- cribed parcel should be changed back to a C-1 classification and the map corrected accordingly. The above premises are situated on Five Mile Road between Middlebelt and Inkster Roads and the owners thereof are: F.E. Lodge, c/o 751 Griswold, Detroit 26; M. Zwolinski, 15005 Inkster Road; Anton M. Sossi, 27492 Fenkell; Everett Vairance, 27486 Five Mile Road; James E. Lane, 27610 Fenkell and Blanche DeVine, 27610 Fenkell. This resolu- tion is hereby designated as Petition No. Z-9, and it was RESOLVED, that, pursuant to Subdivision (b) of Section 20.01 of the Zoning Ordinance of the City of Livonia, the City Plan- ning Commission does hereby set a public hearing on the ques- tion whether or not the zoning classification of the following described parcel of land: Lots 108 to 111, inclusive, of Livonia Gardens Subdivision of the East 1/2 of the Northeast 1/4 of Section 22, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, having a frontage on Merriman Road of 95 feet; and Lot #124 and the North 1//2 of Lot #125 of said subdivision, having a frontage on Arden Avenue of 75 feet; should be changed from a P classification to an R-1-B classifi- cation. The above parcel is situated on the West side of Merri- man approximately 150 feet South of Five Mile Road and the owners thereof are: Harry E. Wolfe, Virginia J. Wolfe, Harry S. Wolfe, Irene Wolfe, James L. Hagen, Frances M. Hagen, Leo P. Rabaut, Jr. , and Rosemary Rabaut. This resolution is hereby designated as Petition No. Z-10, and it was RESOLVED, that, pursuant to Subdivision (b) of Section 20.01 of the Zoning Ordinance of the City of Livonia, the City Plan- ning Commission does hereby set a public hearing on the ques- tion whether or not the zoning classification of the following described parcel of land: Lots 147, 317, 318, 319 and 320 of the New Detroit Subdivision of the East 1/2 of the Northeast 1/4 of Section 36, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan; should be changed from a P classification to an R1-1-B classifi- cation. The above parcel is situated on the West side of Inkster Road approximately 120 feet South of Plymouth Road and the owners thereof are: Frischkorn Bros. Real Estate Co., 743 Free Press Building and Mrs. V. Montgomery, 59 Shannon Street, Toronto, Ont. , Canada. This resolution is hereby designated as Petition No. Z-11. A roll call vote on the foregoing resulted in the following: AYES: Bentley, McNiece, Conway, Jahn, Hay and Byers NAYS: None Mr. McNiece left the meeting. 447 Petition No. Z-12 was referred to Mr. Waring for recommendation. Mr. Charles Swartz was present regarding 5 applications for permits to remove topsoil on Merriman Road near the railroad. Mr. Huiquist said that he approved the removal of the soil insofar as the required grade is concerned. After due consideration, a motion was duly made by Clarence Jahn, seconded by Edwin Conway, and it was RESOLVED, that the five applications for permits to remove topsoil on Merriman Road between Schoolcraft and Plymouth as follows: 12900 Merriman, 10 acres; 13040 Merriman, 8 acres; 13100 Merriman, 8 acres; 13160 Merriman, 8 acres; 13240 Merriman, 8 acres; be approved as submitted and that the Chairman be instructed to sign the abovementioned applications. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, Conway, Jahn, Hay and Byers NAYS: None There was a discussion regarding the applications for permits to remove topsoil. Upon a motion duly made by Clarence Jahn and seconded by Edwin Conway, it was RESOLVED, to appoint a committee to thoroughly scrutinize all applications for permits to remove topsoil. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, Conway, Jahn, Hay and Byers NAYS: None The Chair appointed Clarence Jahn, Edwin Conway and Dallas Hay as a committee of three with Mr. Hay acting as Chairman. Miss Byers was appointed as an alternate. Upon a motion duly made by Helen Byers and seconded by Edwin Conway, it was RESOLVED, that material or permit applications on removal of topsoil be submitted two weeks prior to regular meetings. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, Conway, Jahn, Hay and Byers NAYS: None Petition No. Z-8 was given to Mr. Waring for recommendation as this petition is on the agenda for the public hearing of April 16, 1953. After due consideration, a motion was duly made by Helen Byers and seconded by George Bentley, it was RESOLVED, to cut off the receiving of new business on Friday preceding the regular meetings in order that an agenda may be prepared and followed. A roll call vote on the foregoing resolution resulted in the following: 449 AYES: Bentley, Conway, Jahn, Hay and Byers NAYS: None Mr. Bentley suggested that Rules of Procedure be made up for the use of the Planning Commission. Miss Byers read a letter (copy of) from Mr. Draper of Lambrecht Kelly Company, dated January 20, 1953 inre Holley Subdivision on Ann Arbor Trail. Upon a motion duly made by Edwin Conway and seconded by Clarence Jahn, it was RESOLVED, that all departments concerned be notified that no topsoil be removed until a permit has been issued. 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 Helen Byers and seconded by Clarence Jahn, it was RESOLVED, that Mr. Wilson send a copy of the topsoil ap- plications to the Planning Commission together with the permits issued, showing a land description thereon. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, Conway, Jahn, Hay and Byers NAYS: None The Chair called a recess at 10:50 PM. The Chair called the meeting to order at approximately 10:55 PM There was a discussion regarding the amount of the bond to be set for the removal of topsoil. A minimum was discussed of $100. per acre. Also there was a discussion regarding the number of feet that should be allowed the adjoining property line when scraping topsoil. Upon a motion duly made by Helen Byers and seconded by George Bentley, it was RESOLVED, that no excavation shall be made closer than ten (10) feet from any adjoining property line and in no case shall the slope be greater than 2%, subject to inspection and approval of the Bureau of Inspection be- fore releasing of bond. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, Conway, Jahn, Hay and Byers NAYS: None Applications for permits to remove topsoil were received from Messrs. White, Cummings and Krewson and were referred to the topsoil committee. 1[: Two plats that had been received from Lightstone Building Company, Sec- tion 35, and Proposed Valley View Subdivision, Section 33, were refused 41 until such time as the plats were properly executed with the names of the owners and engineers shown on the plats. Miss Byers read copies of correspondence written by the City Attorney. There was a lengthy discussion regarding sewers for the City. Upon a motion duly made by Edwin Conway and seconded by Clarence Jahn, it was RESOLVED, that Mr. Waring be given authorization to contact the City Departments for information regarding sewers. A roll call vote on the foregoing resolution resulted in the following: AYES: Bentley, Conway, Jahn, Hay and Byers NAYS: None There was a discussion regarding playgrounds and tot lots for children in new subdivisions moving into the City. It was felt that the sub- divider could provide for these and use them as a selling point. Mr. Waring was instructed to check the recreational facilities in the new subdivisions. Upon a motion duly made by Clarence Jahn and seconded by Helen Byers, it was RESOLVED, that this meeting be adjourned. The above resolution was carried unanimously. Thereupon, at approximately 12:30 AM, the Chair declared the meeting adjourned, and announced that the next meeting will be held on April 2, 1953 which will be a Michigan Bell Telephone Company hearing. Helen E. Byers, Se tart' ATTESTED: Dallas F. Hay, C ' an