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.
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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