HomeMy WebLinkAboutPLANNING MINUTES 1952-09-04 809
RINUTES OF THE TWENTY-SEVENTH SPECIAL
MEETING OF THE CITY PLATNIJG COLIMISSION
The twenty-seventh special meeting of the City Planning Commission
was held on Thursday, September 4, 1952 at the Court House Building,
Livonia, Michigan.
1, Chairman Dallas Hay called the meeting to order at approximately 7:30 PM.
Roll was called by the secretary, and the following members were present:
George Bentley Edwin Conway Clarence Jahn
Robert MacIntyre Dallas Hay Helen Byers
Walter Russell H. Paul Harsha
Members absent: None /1
Mr. Malcolm Waring, Planning Consultant, and Mr. Donald Wilson, City
Building Inspector, were present.
The Chair announced that the first business was the disposition of the
minutes of the last meeting.
At approximately 7:35 PM, Mr. Wm Brashear, City Attorney, arrived.
Upon a motion duly made by Walter Russell and seconded by Edwin Conway,
it was
RESOLVED, to accept the minutes of the twenty-fifth regular
meeting of August 27, as received.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Bentley, Conway, Jahn, Harsha, Russell, Maclntyre, Hay and Byers.
NAYS: None
The Chair announced that a decision mast be reached on the size of
signs to be permitted, and if the Commission wishes to make a change,
it should be taken care of. Upon a motion duly made by Clarence Jahn
and seconded by H. Paul Harsha, it was
RESOLVED, that Item 36, Section 10.02, the words, "20 square
feet for each lot," in the 7th line of paragraph (g) , are
changed to read "one square foot for each foot of the front
lot line".
A roll call vote on the foregoing resolution resulted in the following:
AYES: Bentley, Conway, Jahn, Harsha, Russell, Maclntyre, Hay and Byers
NAYS: None
Mr. Harsha brought up the Question of building grades, Section 4.04,
of the proposed new Zoning Ordinance. He wanted to know if the Com-
mission intended to change this or let it stand at a 12" drop in the
first 25 feet. Mr. Harsha said that he had contacted the FHA to
learn what they required in order to grant a loan, and he was ad-
vised that they require a 6" drop only.
Upon a motion duly made by Edwin Conway, and seconded lot - Paul Harsha,
it was
RESOLVED, to change the building grade to a 9" drop in
the first 25 feet instead of 12" in the first 25 feet.
WUU
A roll call vote on the foregoing resolution resulted in the following:
AYES: Conway, Harsha
NAYS: Bentley, Jahn, Russell, Maclntyre, Hay and Byers
E A lengthy discussion followed regarding the inclusion in the new pro-
posed Zoning Ordinance of the detail of the space requirements as to
the rooms, etc. Numerous complaints were received on this and re-
gardless of the fact that it was taken from the State Housing Code,
the people objected to it. In view of the fact that such require-
ments are covered elsewhere, it was the consensus of opinion that it
presented a repetition in the new proposed Zoning Ordinance.
Upon a. motion duly made by Clarence Jahn and seconded by Edwin Conway,
it was
RESOLVED, that Item 37, read as follows: "Sections 4.35
to 4.39, inclusive, are entirely deleted and in place
thereof the following Section is inserted: Section 4.35,
Room Requirements - Any dwelling hereafter constructed or
altered shall comply with the housing law of Michigan; and
the numbers of the remaining Sections of Article 4, shall
be changed accordingly."
A roll call vote on the foregoing resolution resulted in the following:
AYES: Bentley, Cozvay, Jahn, Harsha, Russell, Maclntyre, Hay and Byers.
NAYS: None
It was decided, after a discussion that all of the changes made on
the proposed Zoning Map be itemized. Each section was studied and
E the changes reported as follows:
Section
6 No change
5 " u
4 u u
3 II "
2 " " (except as hereafter provided)
1 0 II II U U It
7 II "
8 " it
9 II II II " II It
10 " " II II II II
11 " II " " " I'
12 It it " " " "
18 " "
17 " "
16 it " " " " "
Item 1, Section 15, Lot 707 "All of that part of Lot 707 of Super-
visor's Livonia Plat #10 which is not designated as business is
changed to P, or parking. "
14 No change (except as hereafter provided)
13 " n
19 II II
20 IIu
21 11u
31/
Section 22, change was in the NW 1/lon the parking and business area
situated adjacent and southeast of the Civic Center which was combined
into one district mown as C-2, pursuant to the resolution of the City
Council and on recommendation of the Planning Commission.
Section 23 - No change.
Upon a motion duly made by Walter Russell and seconded by George Bentley,
it was
RESOLVED, to rescind the previous action in resolution
of August 13, 1952 on page 293, (pg 237, members' copies)
"RESOLVED, that the northwest part of section 23 that
portion that is presently zoned M-1 be left as is"
and make the property involved non-conforming in an
HUF district.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Bentley, Conway, Jahn, Harsha, Russell, MacIntyre, Hay and Byers.
NAYS: None
Section 24 - No change.
Section 30 - No change.
Following a discussion regarding the opinion of some of the people
along Schoolcraft and in consideration of the fact that they have
asked that the 300 foot setback be left as is, a motion was duly
made by Walter Russell and seconded by Robert MacIntyre, and it was
RESOLVED, that in Sections 30 and 29, there be no change
whatsoever in the man as advertised and the 300 foot set-
back in the RUF strip on the south side of Schoolcraft
and both sides of Levan and Newberg Roads will be left
as zoned on the first map.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Conway, Jahn, Harsha, Russell, MacIntyre and Hay
NAYS: Bentley and Byers
Section 29 - Southwest 1/4 changed from M-2 to M-1.
Northeast 1/4 changed from M-2 to I:I-1.
Section 28 - Remains as presently zoned in the Zoning Ordinance.
Section 27 - Industrial areas are left as is in the present Zoning Ordinance.
Section 26 - North 1/2 is left as is in the present Zoning Ordinance.
South 1/2 - No change from proposed map.
Section 25 - North 1/2 - left as is in present Zoning Ordinance.
South 1/2 left as is on the proposed map.
Section 31 - The changing of the Golden Ridge Subdivision from
RUPB to R-1-B.
Section 32 - No change
Section 33 - No change
Section 34 - No change
Section 35 - Left as is in present Zoning Ordinance.
Section 36 - North 1/2 RUFB changed to R-1-B
South 1/2 - No change.
315
There was a lengthy discussion regarding the setback of 6 feet re-
quired for a garage on a side street. Upon a motion duly made by
H. Pant Harsha and seconded by George Bentley, it was
RESOLVED, that Change #18, Section 4.23, under subdivision
(A) shall read as follows: The sentence, "Garages, on cor-
ner lots which face a side street, shall not be constructed
closer than twenty (20) feet from the side street lot line;
garages which face the front street shall not be construc-
ted closer than six (6) feet from the side street lot line."
is changed to read as follows: "Garages on corner lots shall
not be constructed closer than six (6) feet from the side lot
line; provided, however, that garages on corner lots where
houses face a side street shall not be constructed closer than
the front building line of such houses. "
A roll call vote on the foregoing resolution resulted in the following:
AYES: Bentley, Conway, Harsha, MacIntyre, Hay, Byers, Jahn and Russell.
NAYS: None
The proposed resolution was read in its entirety by the Secretary,
Miss Byers:
RESOLVED, that the City Planning Commission of the City of Livonia
having adopted on July 2, 1952, a resolution tentatively approving a
new proposed Zoning Ordinance and Map for the City of Livonia, for the
purpose of conducting a public hearing thereon, and having set such
public hearing for July 30, 1952, at 8:00 PM; and notice of such
public hearing having been published in the Livonian, the official pap-
er of the City of Livonia, at least fifteen (15) days prior to such
public hearing; and notice of such public hearing having also been
given by registered United States Mail to each public utility company
and each railroad company owning or operating any public utility or
railroad within the City of Livonia; and said proposed Zoning Ordinance
and Map having been filed in the office of the City Clerk of the City
of Livonia on July 9, 1952, and having been continuously kept in such
office until the time of said public hearing; and that the public and
all interested persons having been given full opportunity to examine
said proposed ordinance and map during the period of time the same was
on file in the office of the City Clerk; and a public hearing having
been duly held on July 30, 1952, commencing at 8:00 PM, and all per-
sons having beeft •given an .opportunity to be heard on such proposed
ordinance and map and the City Planning Commission having carefully
considered all statements or objections submitted at such public
hearing, together with the advice of Waring & Johnson, Planning Con-
sultants, and the City Attorney, William Brashear; and the City Plan-
ning Commission having further carefully considered all information
submitted to it and all facts and circumstances pertaining to such
proposed ordinance and map; and it appearing that such proposed ordi-
nance and map were duly prepared and submitted to such public hearing,
and that due notice of such public hearing and all proceedings on
such ordinance and map were in full accordance with the provisions
of Act 207, Public Acts of Michigan, 1921, as amended; said proposed
Zoning Ordinance and Map are hereby approved by the City Planning Com-
mission with the following changes:
317
•. Chanes In Text of Proposed Ordinance.
(1) Section 1.04 - Insert semi-colon after second "amended".
(2) Section 2.03 - the words "tier of floor beams of joists"
in the third line should be changed to the word "level" and
the words "tier of floor beams of joists" in the fifth line
should be changed to the words "floor level".
(3) Section 2.17 - is amended to read as follows: "The phrase
'essential services' means the erection, construction,
alteration, maintenance, addition, reconstruction, or
replacement by public utilities or municipal departments
or commissions of underground, surface, or overhead gas,
electric, communication, steam or water transmission or
distributing systems, collection, supply or disposal sys-
tems including poles, wires, mains, drains, sewers, pipes,
conduits, cables, fire alarm boxes, police call boxes,
traffic signals, hydrants, towers and other similar equip-
ment and accessories in connection therewith reasonably
necessary for the furnishing of adequate utility service
by such public utilities or municipal departments or com-
missions or for the public health or safety or general
welfare; bat not including buildings".
(4) Section 2.20 - insert after "garages" a comma and the word
"breezeways". Insert "outside lines of the" after the word
"within" inthe first line.
(5) Section 2.2q - in the third line change the word "deck" to
"ridge" and omit the words "mean height level between eaves
Land" in third and -fourth lines.
(6) Section 2.34 - change "on" in third line to "or".
(7) Section 2.42 - is amended to read as follows: "An area not
less than nine (9) feet wide by twenty (20) feet long, to-
gether with a driveway connecting such parking space with
a street or alley and permitting ingress and egress of a
motor vehicle".
(8) Section 2.46 - change "shall be considered as" to "con-
sisting of".
(9) Section 2.47 - omit the second sentence entirely.
(10) Section 3.02 is amended to read as follows: "The attached
map, as identified by the signatures of the Mayor and City
Clerk, together with all proper notations, references and
other information shown thereon, is hereby approved and
adopted. Such map, together with all amendments which may
be hereafter made thereto, shall be known and cited as the
Zoning Map of the City of Livonia for all purposes. The
Zoning Map of the City of Livonia is hereby made apart of
this ordinance with the same effect as if all matters and
information set forth in said map were fully described
herein".
(11) Section 3.06 - In the second line change the word "subdiv-
iding" to "subdivision", also the same change in the
eleventh line. Insert "be" after first "to" in sixth line.
319
(12) Section 4.07 - add "s" to "area" in first line. Insert "the
sites of" after "for" in first line. Insert "lot" in the
title after "minimum" and also in the first line after
"minimum".
(13) Section 4.09, - in the fourth line, the word "not" following
the word "apply" should be changed to the word "to".
(14) Section 4.12 - is amended to read as follows: "No garbage,
sewage, filth, refuse, waste, trash, debris or rubbish,
including cans, bottles, waste paper, cartons, boxes and
crates, or other offensive or obnoxious matter, shall be
kept in open containers, or piled, placed, stored or dumped
on any land within the City of Livonia; provided, however,
that nothing contained in this ordinance shall prevent the
City of Livonia from establishing or maintaining a city
dump for the exclusive use of the residents of such city.
All waste material, trash and rubbish must be disposed of
at least once in each month; and, provided farther, that
nothing contained herein shall prevent the reasonable use
of garbage, fertilizers, manure and similar material for
the improvement of land situated within any B-U-F or Af-G
district, or the reasonable use of any commercial ferti-
lizer in any district, where such use is not carried on in
an unhealthy or unsanitary manner or does not constitute
a menace to the health and welfare of the public or a
nuisance to the surrounding area."
(15) Section 4.13 - Change the words "soil, sand or gravel" to
"soil, sand, clay, gravel or similar material" throughout
entire section. Insert in next to the last line before
the word "use", the words "reasonably immediate".
(16) Section 4.14L - Correct spelling of "reservoirs".
(17) Section 4.15 - Insert "clay" after "sand"; change period to
semi-colon and add: "provided, however, that no soil, sand,
clay, gravel, trash, rubbish or waste material shall be
dumped on the spillways or flood planes of any natural
streams or water courses, or on any area between the lower
and upper banks of such streams and water courses, except
on approval of the City Planning Commission, after a public
hearing and on a satisfactory showning that such dumping will
not result in damage to other property within the City of
Livonia and will not be injurious to the public health,
safety and welfare."
(18) Section 4.23 - Insert the word "or" after the second word
"building" in the fourth line and insert the words "not
more than" just before the word "ten" in the fourth line.
The sentence "Garages, on corner lots which face a side
street, shall not be constructed closer than twenty (20)
feet from the side street lot line; garages which face
the front street shall not be constructed closer than six
(6) feet from the side street lot line" is changed to read
as follows: "Garages on corner lots shall not be construc-
ted closer than six (6) feet from the side street lot line;
provided., however, that garages on corner lots where houses
face a side street shall not be constructed closer to such
side street than the front building line of such houses."
321
(19) Section 4.27 - Change the words "when the majority of
buildings have been built" to "When buildings have been
constructed on the majority of the lots" in the first
and second lines.
(20) Section 4.32 - Insert after the words "two years", the fol-
lowing: "following the effective date of this ordinance",
and the words "within such period" should be inserted after
the word "altered" in the fourth line.
(21) Section 4.33 - is amended to read as follows:
Zone A. In all zones designated as "A", no buildings of
a one (1) floor plan used as a one-family dwelling shall
be constructed or altered where the first floor contains
less than one thousand (1000) square feet of usable floor
area; no building of one and one-half (1*) story plan
used as a one-family dwelling shall be constructed or
altered where the ground floor area of said building
or structure contains less than eight hundred (800)
square feet and the aggregate livable floor area of the
entire building shall not be less than one thousand
(1000) square feet; and no building of a two (2) story
plan used as a one-family dwelling shall be constructed
or altered where the ground floor area of said building
or structure contains less than six hundred twenty-four
(624) square feet and the aggregate livable floor area
of the entire building shall not be less than one
thousand (1000) square feet.
.7.61.12.26 In all zones designated as "B", no building of a
one (1) floor plan used as a one-family dwelling shall
be constructed or altered containing less than eight
hundred (800) square feet of usable floor area; no
building of a one and one-half (1i) story plan used as
a one-family dwelling, shall be constructed or altered
where the ground floor area of said building contains
less than six hundred twenty-four (624) square feet
and the aggregate livable floor area of the entire
building shall not be less than eight hundred (800)
square feet; and no building of a two (2) story plan
used as a one-family dwelling shall be constructed or
altered where the ground floor area of said building
contains less than five hundred seventy+-six (576)
square feet and the aggregate livable floor area of the
entire building shall not be less than eight hundred
(800) square feet.
(22) Section 4.35 to 4.39, inclusive, are entirely deleted and
in place thereof the following section is inserted:
"Section 4.35. Boom Requirements. Any dwelling hereafter
constructed or altered shall comply with the Rousing
Law of Michigan."
The numbers of the remaining sections of Article IV should
be changed accordingly.
(23) Section 4.42 - Add. sub-section (i) as follows: "The sur-
facing, drainage and maintenance of all off-street parking
space in any 0-1, C-2, M-1 or M-2 District shall conform to
the provisions of Section 13.06 of this ordinance."
323
(24) Section 4.50 Greenbelts. Whenever any greenbelt is required
by any section of this ordinance, the width of such green-
belt may be included in the width of any yard along and
within the boundary line of the parcel within which such
greenbelt is situated.
(25) Section 5.02 - In subsection (h), the words "one (1) ton"
in the seventh line are changed to "one and one-half (1i)
tonN.
(26) Section 9.02 - In subsection (f), the words "are not
located less than" should be changed to "are located not
less than".
(27) Section 10.02 - Subsection (b) is amended to read as
follows: "Retail stores, business and professional offices,
public utility buildings, newspaper distributing stations
and restaurants." Subsection (c) should be changed by
omitting "only in conjunction with a permanent building
which has similar merchandise for sale and" following the
word "sales" in the first line. Subsection (f) is amended
by omitting everything following the word "commission"
in the second line and changing the semi-colon after "com-
mission" to a period. Subsection (g) is amended by chaag.
Jag the words "twenty (20) square feet for each lot" in the
seventh line, to "one (1) square foot for each foot of the
front lot line".
(28) Section 10.15 - Change "four hundred (400) square feet" to
"six hundred (600) square feet".
(29) Section 11.02 - In subsection (b), omit comma in last line.
(30) Section 12.02 - Subsection (d) of this section is amended
to read as follows: " Accessory uses, parks, public grounds,
thoroughfares and other similar or incidental. uses."
(31) Section 13.03 - In subsection (e) insert the word
"square" after the word "Fifteen (15)" in the fourth line.
(32) Section 13.0§ - is amended to read as follows: "Such parking
area shall be surfaced with concrete, plant-mixed bitumi-
nous material, crushed rock, gravel or cinders, shall be
maintained, in a smooth, firm, usable and dust proof condi-
tion, and shall be properly graded and drained to dispose
of all surface water."
(33) Section 1601 - In the seventh line, change the word "their"
to "its"; eighth line change the word "they" to "it" and
omit the word "their"; ninth line change the word "their"
to "its".
(34) Section 17.03 - Subsection (a) is amended to read as fol-
lows: "/here approval is required under Section 4.13,
Section 4.15, subsections (g), (i), (j) and (k) of Section
5.02, subsection(f) of Section 6.02, Section 7.03, sub-
sections (f) and (h) of Section 9.02, subsections (c), (f)
and (g) of Section 10.02, subsections (h) , (i) and (j) of
Section 11.02 and Section 11.15, 13.05 and 13.10 of this
ordinance, written notice of such bearing shall be given,
325
at least seven (7) days prior to the hearing, to the ap-
plicant or petitioner and likewise to all persons to whom
any real property within five hundred (500) feet of the
premises in question shall be assessed, such notice to
be delivered personally or by mail addressed to the res-
pective owners at the addresses given in the last assess-
ment roll, except where such notice is waived in writing
by the person or persons entitled thereto".
In sub-section (b), insert comma after the word "Council".
(35) Section 18.03 - In the sixth line, insert comma after the
word "size". Next to the last line change the word "they"
to "it".
(36) Section 19.09 - This section should be amended to read as
follows: "The Zoning Board of Appeals shall fix a reason-
able time for the hearing of an appeal and give due notice
thereof to all persons to whom any real property within
three hundred (300) feet of the premises in question shall
be assessed, such notice to be delivered personally or by
mail addressed to the respective owners at the address given
in the last assessment roll, and shall decide the same
within a reasonable time. Upon the hearing, any party may
appear in person or by agent or attorney."
B. Chayes In vronosed New Zonine Man:
At a meeting held on July 2, 1952, the City Planning Com-
mission tentatively approved, for the purpose of conducting a
public bearing thereon, a proposed new zoning ordinance and map;
and directed that such public hearing be held before the Planning
Commission on July 30, 1952, and that notice of such public hearing
be published in the Livonian on July 11, 1952, and made as provided
by law. Said proposed new zoning ordinance and map were then trans-
mitted to the City Clerk on July 9, 1952, and remained on file in
the City Clerk's office until the date of the public hearing. Said
map will be hereinafter referred to as "Proposed Zoning Map Tenta-
tively Approved July 2, 1952, by City Planning Commission for
Public Hearing on July 30, 1952". The following notes are sub-
mitted as to changes in the last mentioned map:
(1) No changes have been made in Sections 3, 4, 5, 6, 23,
24, 30, 32, 33 and 34.
(2) No changes have been made in Sections 1, 2, 7 to 14,
inclusive, except that certain existing business or
commercial corners, at the intersection of any main
thoroughfares in the above mentioned sections, have
been squared up to a depth of three hundred (300) feet
in order to provide for adequate parking facilities.
(3) Section 15 - All that part of Lot 707 of Supervisor's
Livonia Plat No. 10, which is not presently designated
as business is changed to a P or Parking District as
defined in the proposed new ordinance.
(4) Section 22 - The parking and business area situated ad-
jacent to and Northeast of the Civic Center District,
in the Northwest 1/4, is combined into one district
327
known as C-2, pursuant to a previous resolution of the
City Council and on recommendation of the Planning Com-
mission. '`
(5) Section 29 - No change was made except the areas designated
as M-2 in the Southwest 1/4 and the Northeast 1/4 were
changed to M-1.
(6) The zoning districts and classifications in Sections 28 and
35 were changed to what they are in the existing zoning
ordinance (Ordinance No. 7 of the City of Livonia as
amended).
(7) Section 27 - The industrial and manufacturing areas in
this section are changed to what they are in the existing
zoning ordinance (ordinance No. 7 as amended).
(8) Section 25 and 26 - The zoning district and classification
in the North 1/2 of these sections are changed to what they
are in the existing zoning Ordinance (Ordinance No. 7 as
amended); and the remaining of these sections are left un-
changed..
(9) Section 31 - There is no change in this section except that
the classification of Golden Ridge Subdivision is changed
from HGF'-B to B-1-B.
(10) Section 36 - There is no change in this section except
that the area in the North 1/2 designated as BUF-B is
changed to B-1-E.
''(11) As a result of the public hearing held before the City
Planning Commission on July 30, 1952, and the consideration
by the commission of all objections, suggestions, informa-
tion and matters submitted to it, the commission has caused
to be prepared a new proposed zoning map showing all changes
which have been recommended by the commission since the
public hearing. This map is identified as "Proposed New
Zoning Map as Finally Approved by the City Planning Com-
mission September 4, 1952, for Submission to the City
Council."
that said ordinance as above changed is hereby approved., that said map
as above changed and as identified in Item 11 of Subdivision B is hereby
approved; and that said ordinance and map, as above changed, are hereby
submitted to the City Council with a recommendation that such ordinance
and map, as above approved, be adopted by the Council.
Upon a motion duly made by Clarence Jahn and seconded by Edwin Conway,
it was
RESOLVED, that the above proposed resolution be adopted,.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Bentley, Conway, Harsha, MacIntyre, Hay, Byers, Jahn and Russell.
NAYS: None A
329
The Chair announced that a special meeting will be held on Thursday,
September 11, 1952 at 7 PM, at the Court House Building.
Upon a motion duly made by Hobert MacIntyre and seconded by George
Bentley, it was
RESOLVED, that this meeting be adjourned.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Bentley, Conway, Harsha, Maclntyre, Hay, Byers, Jahn and Russell
HAYS: None
At approximately 10:40 PM, the Chairman declared the meeting adjourned.
'
Helen E. Byers, S, etary
ATTESTED:
Dallas P. Hay, Chairman