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HomeMy WebLinkAboutPLANNING MINUTES 1952-10-16 341 MINUTES OF THE TWENTY-SEVENTH REGULAR MEETING OF THE PLANNING COI1MISSION The twenty-seventh regular meeting of the City Planning Commission was held on Thursday, October 16, 1952 at the Court House Building, Livonia, Michigan. Chairman, Dallas Hay, called the meeting to order at approximately 7:55 PM. The secretary called the roll and the following members were present: George Bentley Helen Byers H. Paul Harsha Dallas Hay Clarence Jahn Robert McIntyre Walter Russell Members absent: Edwin Conway Also present was Mr. Malcolm Waring, Planning Consultant. Upon a motion duly made by Clarence Jahn and seconded by Paul Harsha, it was RESOLVED, that with the consent of all of the members, the meeting scheduled for the Commission on September 25, 1952, was dispensed with and all business that was scheduled was postponed until the next regular meeting. A roll call vote on the foregoing resolution resulted in the following: AYES: Harsha, Bentley, Jahn, Russell, Maclntyre, Hay and Byers NAYS: None The Chair asked Miss Byers, Secretary, to read the minutes of the twenty- sixth regular meeting held on September 18, 1952. Upon a motion duly made by Clarence Jahn and seconded by George Bentley, it was RESOLVED, to accept the minutes of the twenty-sixth regular meeting as read. A roll call vote on the foregoing resolution resulted in the following: AYES: Harsha, Bentley, Jahn, Russell, Maclntyre, Hay and Byers NAYS: None There was a lengthy discussion regarding aerial maps of the City of Livonia as to the source and the scale required. The scale most favored was four hundred. Mr. Jahn agreed to check farther and re- port on same at the next meeting. Mr. Wm Brashear, City Attorney, arrived at approximately 8:10 PM. A discussion ensued regarding the ever-present problem of half-streets. The secretary read a letter from the City Attorney dated September 18, 1952 in re Waring & Johnson's letter of September 15, 1952 concerning Subdivision Regulations "Half Streets". The secretary read a letter from Waring & Johnson dated October 16th, regarding Greenette Subdivision. Following a notation the letter re- commended approval of the Subdivision insofar as it relates to layout. 343 In view of the number of items pending, it was decided that a public hearing before the Planning Commission would be held on November 13, 1952. Upon a motion duly made by Clarence Jahn and seconded by Peal Harsha, it was RESOLVED, that subdivision (f) of Section 4.02 of the Subdivision Regulations be amended to read as follows: (f) Dedication of Half-Streets. The dedication of half-streets will be permitted where a subdivision adjoins undeveloped property, where such dedication will not cause serious detriment to the surrounding neighborhood and the City, and where either such half- street has been constructed and improved as required by the provisions of the Plat Ordinance, Ordinance #44 of the City of Livonia, or a cash deposit has been given to the City in an amount sufficient to pay the cost of such construction and improvement as determined by the Department of Public Works. Wherever there already exists a dedicated and recorded half-street or alley on an ad- joining plat, the other half must be dedicated on the proposed plat to make the street or alley complete. A roll call vote on the foregoing resolution resulted in the following: AYES: Rarsha, Bentley, Jahn, Russell, Maclntyre, Hay and Byers. NAYS: None Upon a motion duly made by Robert MacIntyre and seconded by George Bentley, it was RESOLVED, that the proposed plat of Greenette Subdivision of part of the NW 1/4 of Section 36, T. 1S. R9E is hereby tentatively approved on condition that final approval will not be made until the Subdivision Regulations have been amended to permit the dedication of half-streets and on condition that the street names are determined to the satisfaction of the Commission. A roll call vote on the foregoing resulted in the following: AYES: Harsha, Bentley, Jahn, Russell, Maclntyre, Hay and Byers NAYS: None The secretary read a letter from the Sheldon Land Company dated September 25, 1952 requesting approval of their petition dated February 14, 1952 as revised by their letter of July 1, 1952. The secretary read petition x}64, Olive M. Schroeder, et al, to vacate alleys between Cavour and Paderewski. Upon a motion duly made by Clarence Jahn and seconded by Walter Russell, it was RESOLVED, that Petition #64, Olive M. Schroeder, et al, be referred to Mr. Brashear, City Attorney, to prepare same for public hearing and to Mr. Waring for recom- mendation. A roll call vote on the foregoing resolution resulted in the following: 345 AYES: Marsha, Bentley, Jahn, Russell, MacIntyre, Hay and Byers NAYS: None The secretary read a petition from Clarence Pontius, et al, requesting the closing of an alley. Upon a motion duly made by George Bentley and seconded by Clarence Jahn, it was RESOLVED, that petition, Clarence Pontius, et al, be referred to the City Attorney for public hearing and to Waring and Johnson for recommendation. A roll call vote on the foregoing resolution resulted in the following: AYES: Harsha, Bentley, Jahn, Russell, Maclntyre, Hay and Byers NAYS: None Two plats were presented (1) Bell Creek Farms Subdivision and (2) Bell Creek Farms Subdivision #2. The secretary read a letter from Waring & Johnson regarding the Plats. Mr. Waring explained to the Commission that several discrepancies had been discovered. It was decided that the two plats be referred to the Plat Committee (Jahn and Rassell) and they, in turn, will contact Mr. Taring and the City Engineer. Waring & Johnson's letter of October 16th was also given to the Plat Committee. Mr. Scott of the Rosedale Gardens Civic Association was present at the meeting and was introduced to all members of the Commission. The secretary reported that Mr. Draper of Lambrecht Kelly had called regarding deeds for two parties transferring road right-of-way to the City. Mr. Brashear is to go ahead. LA plat of Eckles Road Subdivision NW 1/4 of Section 30 was presented. Upon a motion duly made by George Bentley and seconded by Walter Russell, it was RESOLVED, that Eckles Road Subdivision. plat be referred to The Plat Committee together with letter of recommendation dated October 16, 1952 from Waring and Johnson. A roll call vote on the foregoing resolution resulted in the following: AYES: Harsha, Bentley, Jahn, Russell, Maclntyre, Hay and Byers. NAYS: None The secretary read a letter dated September 19, 1952 from Lawson & Giles over Mr. Ira Wilson's signature, requesting information as to the necessary steps to request a change in zoning. Lawson and Giles' letter was answered by the City Attorney on Sept. 22, 1952 as requested by the Planning Commission. Miss Byers read a letter from the Michigan Bell Telephone Company of October 8, 1952 regarding the new dial central office building. The general specifications were listed along with the setback and side yard proposals. The letter requested a special meeting with the Planning Commission. There was a lengthy discussion regarding the setback and side yard. allowance. It was the consensus of opinion that the footage pro- posed was.inadequate for this type of building. Mr. Russell left the meeting at approximately 9:45 PM. • 347 The Commission agreed to meet Sunday AM next, to look over the property chosen by Michigan Bell for their new building. Upon a motion duly made by Robert Maclntyre and seconded by Clarence Jahn, it was RESOLVED, that the letter from Michigan Bell be referred to Waring & Johnson and the Planning Commission will meet Sunday, October 19, 1952 at 11 AM to inspect the property. A roll call vote on the foregoing resolution resulted in the following: AYES: Harsha, Bentley, Jahn, MacIntyre, Hay and Byers NAYS: None A letter was read from Monaghan, Hart and Crawmer of September 17, 1952 representing Walker and Company. The letter objected to the proposed Zoning Ordinance insofar as it pertained to outdoor advertising. Upon a motion duly made by Clarence Jahn and seconded by Robert Maclntyre, it was RESOLVED, to table the letter received from Monaghan, Hart and Crammer (representing Walker and Co.) dated September 17, 1952. A roll call vote on the foregoing resolution resulted in the following: AYES: Harsha, Bentley, Jabn, Maclntyre, Hay and Byers NAYS: None Miss Byers read petitions 65, 66 and 67. Upon a motion duly made by Clarence Jahn and seconded by Robert MacIntyre it was RESOLVED, that petition #65, closing of alley, be referred to Waring and Johnson for recommendation and to the City Attorney to prepare for public hearing. A roll call vote on the foregoing resolution resulted in the following: AYES: Harsha, Bentley, Jahn, Maclntyre, Hay and Byers NAYS: None Upon a motion duly made by Clarence Jahn and seconded by Robert Maclntyre, it was RESOLVED, that petitions #66, Livonia Peed and Supply, re- questing change from IdJPB to C-2; and petition #67, Lawson and Gillis, be referred to Waring and Johnson for their recommendation. A roll call vote on the foregoing resolution resulted in the following: AYES: Harsha, Bentley, Jahn, Maclntyre, Hay and Byers NAYS: None Mr. Brashear reviewed the proposed resolution on the new proposed Zoning Ordinance with the Commission. A question was raised on Sec- tion 14.08 regarding setbacks and after due consideration and dis- cussion, a motion was duly made by Paul Harsha and seconded by, Clarence Jahn, and it was RESOLVED, that Section 14.08 Item #9 of resolution sub- paragraph (c) read as follows: *Where such building is 349 situated on a lot having an area in excess of 10 acres, the front yard shall have a depth of at least 200 feet and where such building is situated ona lot facing a major thoroughfare having an existing or planned width of 120 feet or more, as shown on the Mas- ter Thoroughfare Plan, the front yard shall have a depth of at least 100 feet. A roll call vote on the foregoing resolution resulted in the following: AYES: Harsha, Bentley, Jahn, Maclntyre, Hay and Byers. NAYS: None Upon a motion duly made by Robert Maclntyre and seconded by George Bentley, it was RESOLVED, that the following proposed resolution be adopted with the correction included on Section 14.08. RESOLVED, that reference is hereby made to the resolution which was adopted by the City Planning Commission on September 4, 1952, and which contained 36 suggested changes in the text and 11 suggested changes in the map of the proposed new Zoning Ordinance; that, pursuant to the resolution adopted by the City Council on September 22, 1952, the City Planning Commission has given further careful study and con- sideration to said proposed new Zoning Ordinance and map, and to the suggestions and objections presented by various civic organizations; that, as a result of such study and consideration, the City Planning Commission does hereby recommend the following changes in said ordi- nance and map: (1) Section 4.18. The words "sixty (60) percent" in sub- section (c) of Section 4.18 are changed to read "eighty (80) per cent". (2) Section 4.19. The words "sixty (60) percent" in this section are changed to read "eighty (80) per cent". (3) Section 4.20. The words "thirty (30) percent" in this section are changed to read "forty (40) per cent". (4) Section 4.21. This section is amended to read as follows: "Notwithstanding the provisions of the preceding Sections 4.17 to 4.20, inclusive, of this ordinance, nothing in this ordinance shall prevent: (a) The alteration, improvement or rehabilitation of any valid non-conforming building which does not in- volve any increase in height, area, bulk or change of use; (b) The strengthening or restoration of any building or wall declared unsafe by the Bureau of Inspection; (c) Any alteration, improvement or repair required by the Department of Health or the Department of Public Safety, or by any of the divisions of said de- partments, as necessary to the protection of the pub- lic, health, safety and welfare; 31 (d) Any alteration, improvement, repair or addition determined by the Bureau of Inspection to constitute fall or partial compliance with the use requirements of the district in which the building in question is situated; (e) The alteration, improvement or repair of, or ad- dition to any dwelling or any accessory building, in- cluding private garage, incidental to such dwelling; or (f) The erection of any accessory building, including private garage, incidental to an existing dwelling." (5) Section 4.32. This section is entirely deleted. (6) Section 4.50. This section, as recommended in our resolution adopted September 4, 1952, is amended to read as follows: "Whenever any greenbelt is required by the provisions of any section of this ordinance, the width of the greenbelt may be included in the width of any yard which is required for the parcel containing such greenbelt and which is situated within and along the same boundary as the green- belt." (7) Section 8.05. This section is amended to read as follows: "One (1) family dwellings together with accessory buildings, hereafter erected on any lot in an RIZ district, shall not occupy more than ten (10) per cent of the area of any lot having an area in excess of one acre, nor more than fifteen (15) per cent of the area of any lot having an area of one acre or less." (8) Section 14.02. The words "C-2 District" in subdivision (a) are changed to read "an AG or C-2 District". (9) Section 14.08 is amended to read as follows: "Yard Beauirements. Where a building is hereafter erected or altered in any M-1 District, the principal use of which is a use permitted in a 0-2 District, the front, rear and side yard requirements shall be the same as those provided in Article 11.00 of this ordinance. Where a building, other than a dwelling or a building accessory thereto, is hereafter erected or altered in any M-1 District, the principal use of which is a use not permitted in a C-2 District, the yard requirements for such building are as follows: (a) Where such building is situated on a lot having an area of one (1) acre or less, the front yard shall have a depth of at least fifty (50) feet, the rear yard shall have a depth of at least twenty (20) feet and the side yards shall be not less than ten (10) feet each; 353 (b) Where such building is situated on a lot having an area in excess of one (1) acre and not more than ten (10) acres, the front and rear yards shall be at least fifty (50) feet each in depth and the side yards shall not be less than twenty (20) feet each; (c) Where such building is situated on a lot having an area in excess of ten (10) acres, the front yard shall have a depth of at least two hundred (200) feet, the rear yard shall be at least fifty (50) feet in depth and the side yards shall not be less than twenty (20) feet each; provided, however, that open storage of materials shall be located not less than one hundred (100) feet from the front lot line; and, further provided, that when stored materials are of a combustible character, then one side yard shall be maintained twelve (12) feet in width open to the street, which shall be drained and surfaced to permit free access to the rear of the property by fire tracks; and, provided further, that notwithstanding the foregoing provisions of this section, where any such lot faces a major thoroughfare having an existing or planned width of one hundred (100) feet or more, as shown on the Master Thoroughfare Plan, the front yard shall have a depth of at least one hundred (100) feet; and, provided further, that the yard requirements set forth in this section shall not apply to property lines adjacent to any railroad right-of-way." (10) Section 14.09. This section is amended to read as follows: "Dwellings. Nothing contained in this article shall affect or interfere with dwellings now existing in any M-1 District, or with any buildings accessory to such dwellings, or in anyway prevent the owners thereof from making any additions, alterations or repairs to such dwellings or erecting any buildings accessory thereto; provided, however, that all such dwellings and buildings accessory thereto shall conform to the same requirements as are provided in this ordinance for the nearest district in which dwellings may hereafter be lawfully erected." (11) Section 15.03. Subdivision (a) of this section is amended to read as follows: "(a) All dwellings of every kind, except such dwellings as are expressly permitted in an N-1 District." Omit from subdivision (c) of this section the words "slaughter houses using a modern dry rendering process". Amend sub- division (d) to read as follows: "(d) The operation of forgings by steam or board hammers except where located more than one thousand (1000) feet from any district zoned as residential, and where approval is given by the City Planning Commission. No such approval shall be given until the Commission is satisfied that vibration and noise will be reduced to a reasonable minimum through construction and use of the most modern and effective facilities available for such purpose." 355 (12) Section 15.08. Add the following section: "DwellinRs. Any dwelling, or building accessory thereto, situated within any M-2 District shall conform to the same requirements as are provided in this ordinance for the nearest district in which dwellings may be hereafter law- fully erected." (13) Section 18.11. Add the following: "; provided, however, that nothing contained in this section shall affect existing dwellings or interfere with the continued use, as a dwelling, of any dwelling lawfully existing at the time this ordinance becomes effective, or prevent any alteration, repair or im- provement of, or addition to such dwelling as provided by Section 4.21 of this ordinance." (14) The following amendment is made in the proposed new zoning map: The parcel of land which lies between the Chesapeake & Ohio Railway right-of-way and Plymouth Road and which is bounded on the east by the west boundary of the General Motors property and the west by Merriman Road, is zoned as M-1, with the exception of a 300 foot RU-4,-B setback along the east side of Merriman Road and with the exception of a 200 foot C-2 strip on the north side of Plymouth commencing at Merriman and running one-quarter of a mile directly east. (15) All changes set forth in said resolution of the City Planning Commission adopted September 4, 1952, except as amended herein. that said ordinance and map as above changed, are hereby approved; and that said ordinance and map are hereby submitted to the City Council with a recommendation that such ordinance and map, as above approved, be adopted by the Council, and with a further recommendation that, for the protection of the public health, safety and welfare, such ordinance and map be adopted as soon as possible as an emergency ordinance. A roll call vote on the foregoing resolution resulted in the following: AYES: Harsha, Bentley, Jahn, Maclntyre, Hay and Byers NAYS: None Upon a motion duly made by Clarence Jahn and seconded by Robert Maclntyre it was RESOLVED, that the Chairman and Secretary be authorized to transmit a certified copy of the previous resolution to the City Council. A roll call vote on the foregoing resolution resulted in the following: AYES: Harsha, Bentley, Jabn, Maclntyre, Hay and Byers NAYS: None Upon a motion duly made by Clarence Jabn and seconded by George Bentley, it was 357 RESOLVED, that the next special meeting will be held on Thursday, October 30, 1952 at 8 PM instead of 7:30 PM. A roll call vote on the foregoing resolution resulted in the following: AYES: Harsha, Bentley, Jahn, MacIntyre, Hay and. Byers NAYS: None Upon a motion duly made by Clarence Jahn and seconded by Helen Byers, and unanimously carried, it was RESOLVED, that this meeting be adjourned. At approximately 11:30 PM, the Chair declared the meeting adjourned. Helen E. Byers, Sem. tary ATTESTED: Dallas 7. Hay, Chaisan-J