HomeMy WebLinkAboutPLANNING MINUTES 1952-07-02 245
MINUTES OF PUBLIC HEARING AND TWENTY-SIXTH SPECIAL
MPRTING OF THE CITY PLALTIITG COMMISSION
LA public hearing and the twenty-sixth special meeting of the City Planning
Commission were held on Wednesday, July 2, 1952, at the Court House Building
Livonia, Michigan.
Chairman Dallas Hay called the meeting to order at approximately 8:05 PM.
Members present; Helen Byers George Bentley Harold Bower
Edwin Conway Dallas Hay Clarence Jahn
Robert MacIntyre Walter Russell
Mr. Malcolm Waring, Planning Consultant, was also present, together with
approximately 110 persons.
The Chair announced that the first petition to be considered was #53. Armen
Rosevear, et al, and requested Miss Byers to read the petition.The petition
requested a zoning change from AG-i-C to AG-i-B on land situated on the north
side of Schoolcraft between Gill and Stark Roads, Section 21.
Mr. Donald Wilson, Building Inspector, arrived at approximately 8:10 PIM
The Chair asked if anyone was present wishing to speak in favor of the
petition.
Mrs. Armen Rosevear, 34014 Schoolcraft, was present and said, "We want to
have it changed."
Mr. A. B. Valentine, 34140 Schoolcraft - in favor of change.
Mr. Kenneth Gage. 33950 Schoolcraft, *There are three or four lots vacant
and we feel the pattern inthe neighborhood is pretty well set and 1,000
to 1100 square feet are used mostly in the present homes. and we feel that
the present zoning is small; it sets the present area at 500 square feet
and we are asking for 800."
The Chair asked if anyone wished to speak against the petition.
Inasmuch as no one was present to speak against the petition, the Chair
then announced that the new proposed Zoning Ordinance and map will take
care of this petition on which a public hearing is set for July 30.
Chairman Hay then asked Miss Byers to read Petition #54, Joseph 9. Klein,
30325 Six Mile Road., requesting a change of zoning of the Lone Pine Inn,
in order to add a wing to the west side of the present building (from nen.,
conforming to C-1).
Mr. H. C. Pratt was present, representing Mr. Klein. He said. "I would
like to state that Mr. and Mrs. Klein originally petitioned for rezoning of
the entire premises where the building is located. Rather than the entire
premises being rezoned. it will only be where the building is, 137 feet by
81 feet," Mr. Pratt presented a letter amending the petition.
The Chair asked Mr. Pratt if Mr. Klein knows what he wants to do with this
additional land.
Mr. Pratt said, "yes, to add a dining room for dining purposes only in order
to serve organizations and groups of that type."
247
The amendment to the petition was read by Miss Byers, The amendment was
dated June 26, 1952 and was received from Mr. H. C. Pratt,
Mr, Pratt submitted 14 petitions dated 6/30/52 that were signed by surround-
ing property owners and taxpayers of Livonia (149),
The secretary read one of the petitions dated 6/30/52. requesting a change
of zoning on the Lone Pine Tavern and a portion of land to be added for a
65 foot length dining room. This must be rezoned in order to get a building
permit,
Mr, Brashear arrived at approximately 8x15 PM.
The Chair asked if anyone wished to speak against the petition.
Mr, Robert King. 30445 West Six Mile, "I am with the new Ford Tank Division
and I just purchased property next to the Lone Pine Inn. We were assured
by the City that we purchased where it was strictly residential. We don't
think it fair for commercial right next door to be allowed to put the bar
right next to my house with the addition. I do object very strenuously to
any further business expansion."
Chairman Hay, "Who gave you that assurance?"
Mr. King, "The City Clerk's office."
Mr. 0, W. Hedges, 30320 W. Six Mile Road, (Presented an enkarged chart
showing the Lone Pine Inn and the surrounding property owned by others).
Mr. Hedges presented. the Chair with three books of petitions and requested
to read the petition himself for emphasis. He stated that he had around
40 signatures. Mr. Hedges also presented each member of the Commission
with a copy of the petition objecting to Petition #54.
The Chair advised Mr. Hedges that Miss Byers would read one of the petition*
but that he may interrupt at any point if he wished to add emphasis, He did
not interrupt.
Mr, Hedges explained that in any zoning matter, the land and not the people
is important. "We are discussing land and whether this Inn should be re-
zoned and an additional piece of property shall be changed to a C..1 classi-
fication." He called attention to the fact that the probable value of the
property purchased by Mr. King is $30,000 which is right next to the pro-.
posed parking lot. "Mr. Klein is a nice fellow, and I hate to disagree
with him." Mr. Hedges said he was holding his property for subdivision.
He also said he could wait and sell his property for business if this end
tering wedge is allowed to go through. "I am opposed to the petition be,
cause it will spoil a beautiful residential area,"
Mr. George Schott, 30091 West Six Mile, "I am in the immediate vicinity of
the Lone Pine Inn and I am awakened at 2 4M every night when the Cars take
off like hot rods. A while ago I was assured that the non-conforming zoning
would disappear. I am within 400 feet and I did not sign Mr. Klein's
petition. They have a mule in that barn over there that kicks and cries
at night. When Mrs. Wilson moved, those buildings were going to be ripped
out. It is right along Six Mile and we thought that zoning would disappear.
All we need is an opening wedge, and it will all be commercial."
249
The Chair asked if anyone else wished to speak regarding the petition,
Mr. Elmer Buxton, 30100 W. Six Mile, "I agree with these previous speeches."
Mr. Tiala, 29700 W. Six Mile, "Should be residential."
Mr. Ralph Niska, 16927 Oporto, "I will agree with the rest,"
Mr. Gaiffe, 29260 V. Six Mile, "Same."
Mr. Jungles, 29931 Munger, i'I agree with the speeches me."
William Stevens, 29945 W. Six Mile, "I agree with them."
Mrs, Grant, 29905 Munger, "I am opposed to Petition #54.t"
Mr. Elto, 29521 Munger, "Opposed to Petition #54,"
Mrs. Hanson, 29861 Munger, "I am not against Mr, Klein. I think all the
people are against Mr. Klein. I feel sorry for him but feel it should re»
main as is."
Upon a motion duly made by George Bentley, seconded by Robert MacIntyre, and
y- mkt
RESOLVED, to hold this petition #54, for a study.
The Chair advised that Mr. Pratt had not had the opportunity for rebuttal
and Mr. Bentley withdraw his motion and Mr. Maclntyre, his second.
Mr. Pratt said that his immediate reaction was that this group of people
was a fine display of democracy in operation. He said, "The building is 44
years old, and it has served in its present capacity for 25 years. The
building is now in a certain condition in as far as appearance is concerned.
The business would serve the community as a good dining room. I Bonet think
it would be detrimental to the area. There could be controls on the times
that the dining facilities are used and it could be closed at reasonable
periods. The parking area seems to be a problem to Mr. King, The Commission
could do something to do away with that. We are asking only that merely the
rectangle in the present building including the addition be rezoned to C-1,"
Mr. Hedges questioned the parking lot request and was informed by the Chair
that no parking lot was requested. Mr. Hedges said that it would have to
be considered in the future.
Mr. Pratt said that as far as the parking is concerned he would be glad to
go into it and discuss it and also the building factor.
Upon a motion duly made by George Bentley, seconded by Robert Maclntyre, it
was
RESOLVED. to table this petition #54, until the conclusion of
the public hearing for further study.
4. roll call vote on the foregoing resolution resulted in the following:
AY3S: Bentley, Jahn, Bower, Conway, Russell, Maclntyre, Hay and Byers.
NAYS: None.
At 9 PM, Chairman Hay asked Miss Byers to read Petition #55, Frischkorn,
requesting a chn.*+ge in zoning of 5 lots in the New Detroit Subdivision for
parking purposes.
Mr, Hay asked Mr. Frischkorn if he wished to speak regarding the petition.
Mr. Frischkorn, "I would like to say that this is only asking the use of the
land to be used for parking purposes, according to the State Lax. There is
no building involved whatsoever. There is no petition for multiple dwellings<
21
mr. Richardson, 9521 Cardwell, "I understand according to the notice in the
"Livonian" the request is to change to R-3 plus a 0-1."
The Chair asked Mr. Brashear to explain this. Mr. Brashear advised that it
was unfortunate that the petition is filed at this time. "There is no
classification relating solely to parking. We do have a new ordinance set
for hearing and we have a district, a "P" zone for parking. The only zones
in the old ordinance that permit parking lots are C-i and A»3 and that is
why we had to publish this petition as we did. The Commission, instead of
acting on the petition can hold it aver until the new ordinance is passed►
Mr. Richardson, "If it were passed now, he could use it for other purposes?"
Mr. Brashear, "That is correct."
Mr, Frischkorn, "We have a set of restrictions that are signed by our corpor-
ation as well as the people in the subdivision, we both realize that the
restrictions have rights. We frankly say that we had no idea for any com-
mercial property. Due to the feat that they exist, we labeled this for
parking purposes, Could yam approve the petition with the provision that it
would be changed with the new ordinance?"
Mr. Strand, 10031 Arcola, "I was on the building committee that helped
write up the restrictions and we have gotten along very well. I don't think
anyone would have any objection to waiting."
Mr. Lietzow, 9501 Cardwell, "The zoning commission will not grant this until
the new zoning ordinance takes effect, right?"
Mrs. Hensley, 11531 Cavell, "I would like to ask Mr. Frischkorn if he is
going to charge on the parking lot."
Mr. Prischkorn4 "It is the usual practice for the stores to furnish parking.
There was some reference to the multiple dwelling deal. The new restric-
tions outlaw the whole idea of multiple dwellings, let's bury this once and
for all."
Upon a motion duly made by George Bentley, seconded by Walter Russell, it was
RESOLVED, inasmuch as the proposed Zoning Ordinance will be up
for hearing on the 30th, that the petition be delayed until then.
A roll call vote on the foregoing resolution resulted in the following:
ATES s Bentley, Jahn, Bower, Conway, Russell* Maclntyre, Hay, Byers
RATS: None
A 9:15 PM, Chairman Hay asked Miss Byers to read petition #56, Lowrie
Lumber Company, requesting a change in zoning from U-1 to M-2. Miss Byers
also read petition +58, Mayo, requesting a zoning change from RUP to M•2
inasmuch as the property in this petition is adjacent to the property in
petition #56.
The Chair asked if anyone wished to speak for the petition.
Mr. R. Mayo, 32600 Plymouth, "We feel that the railroad property would be
better use with heavy manufacturing."
The Chair asked if anyone present opposed the petition,
Approximately 90 persons were present who opposed the petitions,
253
Mr, Bower made a motion that the petition be held for further study,
and the motion was seconded by Mr. Conway.
The above motion was then withdrawn by Mr. Bower and Mr. Conway with-
drew the second 14 the motion.
Upon a motion duly made by Harold Bower, seconded by Edwin Conway, it
was
RESOLVED, that petitions #56 and #58 be denied.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Bentley, Jahn, Bower, Conway, Russell, Maclntyre, Hay and Byers
NAYS: None
At 9:25 PM, Miss Byers read. petition #57, requesting a change in zoning
from R--1-0 to C-1 to use the Elm Baptist Church on Grantland Avenue as
a Union Hall.
The Chair asked if anyone wished to speak for the petition.
Mr. H. Pratt, "It is immediately across the street from the Wayne County
Road Commission Yard, there is a machine shop adjacent to it on Inkster
Road. The Church people want to locate the church elsewhere as the
surroundings are all industrial."
Mr. Roy McConnell, 11547 Cavell, "I am a member of the Board at the Elm
Baptist Church. The petitioner asked for the property and it is an
unfavorable location for a church. We wish to seek a new location."
Chairman Hay asked if there would be sufficient parking area after the
new zoning, P-1, is approved.
Mr. Pratt, "Yes, there will be ample parking facilities. The lot now
provided is 126 X 126."
Upon a motion duly made by Harold Bower, and seconded by Clarence Jahn,
it was
RESOLVED, to hold the petition #57, for a further study.
A roll call vote on the foregoing resolution resulted in the following:
AYE: Bentley, Jahn, Bower, Conway, Russell., Maclntyre, Hay and Byers
NAYS: None
Upon a * tion duly made by Clarence Jahn and seconded by Robert
Maclntyre, it was
RESOLVED, to adjourn the Public Hearing for a study meeting,
A roll call vote on the foregoing resolution resulted in the following:
AYES: Bentley, Jahn, Bower, Conway, Russell, Maclntyre, Hay and Byers.
NAYS: None
All petitions not acted upon during the Public Hearing were reviewed
thoroughly. The Chair then called the meeting to order.
1[40 The first petition #53, Rosevear, was brought up for a decision.
Mr. Waring suggested that these changes in zoning could be placed on
the new proposed zoning map.
255
Upon a motion duly made by Clarence Jahn, seconded by Edwin Conweay,
it was
RESOLVED, that the following changes be shown on the new
proposed zoning map to accompany the proposed Zoning Ordi-
nance set for public hearing on July 30,. 1952: Petition
#53, Rosevear, to an AG-1-B classification and Petition
#55, Frischkorn to the new zoning classification "P-i".
A roll call vote on the foregoing resulted in the following:
AYES: Bentley, Russell, Jahn, Conway, Bower, Hay, Maclntyre and Byers.
NAYS: None
Petition #54, J. S. Klein - After due consideration a motion was duly
made by Walter Russell, seconded by Maclntyre and it was
RESOLVED, that Petition #54, Joseph Klein, be denied.
A roll call vote on the above resolution resulted in the following:
AYES: Bentley, Russell, Jahn, Conway, Bower, Hay, Maclntyre and Byers.
NAYS: None
Following a discussion on petition #57, a motion was duly made by
Harold Bower, seconded by Walter Russell, and it was
RESOLVED, to recommend to the City Council that petition
#57, CIO, be granted; to change to C-1 classification and
they must provide sufficient parking area as provided for
in the "P-i" proposed zoning,
A roll call vote on the foregoing resolution resulted in the following:
AYES: Bentley, Russell, Jahn, Conway, Bower, Hay, MadIntyre and Byers.
NAYSt None
At approximately 9:35 PM, the Chair announced the decisions reached by
the Planning Commission on the petitions heard.
At approximately 9:40 PM, a motion was duly made by Clarence Jahn, sec-
onded by Robert Maclntyre, and it was
RESOLVED, to adjourn the public hearing.
The above resolution was carried by a unanimous vote.
MINUTES OF THE TWENTY--SIXTH
SPECIAL MEETING
At approximately 9:50 P!. the special meeting was called to order br the
Chair, and all members were present.
Miss Byers read a letter dated July 1, 1952 from the Sheldon Land Co.
(in triplicate) confirming what was stated verbally at the previous
meeting of 6/25/52, i.e., withdrawing in its entirety that part dealing
with the change from R-1-A etc. (One copy given to Mr. Brashear, one
to the City Clerk and the third filed with Petition #52 by the Planning
Commission.)
Whereas all arguments presented pro and con at the meeting held June
25, 1952, were reviewed thoroughly. In view of the fact that the
Rosedale Gardens Civic Association has had several meetings on Parts
257
2 and 3 of Petition #52 - where all property owners were welcomed to
express their objections. Only two property owners were present at the
meeting of the Planning Commission held on 6/25/52 objecting to (for the
most part the objections were on Part 3) that portion allotted for du-
plexes which are to be a buffer between multiples and commercial dis-
tricts and the residential section; further Shelden Land Company is to
consult with Rosedale Gardens Civic Association as to the structure of
both the multiples and duplexes.
Upon a motion duly made by Edwin Conway, seconded by Robert MacIntyre,
it was
RESOLVED, that the petition of Shelden Land Company, #52,
amended by letter dated July 1, 1952 from Shelden Land and
copy of this amendment shall be filed in the office of the
City Clerk; as such petition, as amended, is hereby tenta-
tively granted to the extent that the changes requested
therein shall be shown on the new zoning map accompanying
the new proposed Zoning Ordinance on which a public hearing
has been set for July 30, 1952.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Bentley, Jahn, Bower, Conway, Russell, Maclntyre, Hay and Byers.
NAYS: None
Mr. Waring read a recommendation re small size parcels for industry.
If a change is to be made, a new industrial zoning district should be
established.
It was decided not to incorporate these ideas at this time, in the new
proposed Zoning Ordinance but will hold for future use,
Due to the fact that Mr. Russell had to leave, the Chair announced that
the next regular meeting will be held July 30, and the meeting will be-
gin promptly at 7 PM instead of the usual 8 PM, adjourn for the Public
Hearing and then reconvene after the hearing.
At 10:15 PM Walter Russell left the meeting.
Mr. Waring was asked to proceed in explaining his ideas for industrial
zoning which conforms to permissive and performance standards.
Miss Byers asked Mr. Waring if this new idea would not do away with the
very thing that the Planning Commission had set out to do a while back
in attempting to establish a manufacturing area so large organizations
would know vbero they could locate.
Mr. Brashear said he thought the Planning Commission had helped it by
the new proposed Zoning. "The fact that you do change it, will aid
the development of the major parcels."
Miss Byers said that last March or April the Planning Commission had
decided to wait until summer for a land use survey. There was a brief
discussion regarding same, and a motion was duly made by Edwin Conway,
seconded by George Bentley, and it was
RESOLVED, that the proposal of Waring and Johnson under date
of July 2, 1952 to make a land use survey at a cost not to
exceed $1,700. is hereby accepted and such survey is hereby
authorized,
259
A. roll call vote on the foregoing resniution resulted in the following:
AYES: Bentley, Jahn, Bower, Conway, Maclntyre, Hay and Byers.
NAYS: None
Mr. Waring said, "A certain amount of work is to be done on the Joint
Study Committee. This information could be compiled on a map and a
portion of the Master Plan could be officially adopted. This procedure
could be followed and we ask your approval of the procedure."
This was tabled until after the new Zoning Ordinance has been completed.
Miss Byers read a letter from Mr. Kleinert, dated July 1, 1952 addres-
sed to the Planning Commission and the City Council regarding the
blocking off of a certain portion of Hubbard for a playground4 etc.
The letter was filed until same is referred to the Commission by the
Council.
The Chair instructed Miss Byers to write a letter to Mr. Kleinert.
Mr. Brashear announced that if the Planning Commission approves this
Zoning Map that he suggests that the Chairman and the Secretary sigh
their names and date same. The map should then be delivered to the
City Clerk to be available for any person to observe.
Upon a motion duly made by Edwin Conway, seconded by Clarence John,
it was
RESOLVED, that the City Planning Commission of the City of
Livonia, having formulated and prepared a proposed new Zoning
Ordinance of the City of Livonia together with a new Zoning
Map of such City, pursuant to the provisions of Act 207 of
the Public Acts of Michigan of 1921, as amended., with the
assistance of Waring and Johnson. Planning Consultants, and
William W, Brashear, City Attorney, does hereby tentatively
approve such proposed Zoning Ordinance, for the purpose of
conducting a public hearing thereon pursuant to said Act 207
of the Public Acts of Michigan of 1921, as amended, and does
hereby order said proposed Ordinance spread upon the Minutes
of this meeting as follows:
(See following pages 41 to 69, inclusive, "Proposed Zoning
Ordinance".)
A roll call vote on the foregoing resolution resulted in the following:
AYES: Bentley, Jahn, Bower, Conway, Maclntyre, Hay and Byers,
NAYS: None
261
Upon a motion duly made by Clarence Jahn, seconded by George Bentley,
it was
RESOLVED, that the City Planning Commission of the City of
Livonia, pursuant to its resolution heretofore adopted at a
regular meeting held June 25, 1952, and a resolution adopted
by the City Council at an adjourned regular meeting held
June 30, 1952, and pursuant to the provisions of Act 207, of
the Public Acts of Michigan of 1921, as amended, does hereby
approve the following Notice of Public Hearing:
"CITY OF LIV0NIA
NOTICE OF PUBLIC HEARING
A. public hearing will take place before the City Planning
Commission of the City of Livonia on Wednesday, July 30,
1952, at 8:00 PM at the City Court Building, 33211 W. Seven
Mile Road, Livcnia, Michigan, on the following matter:
PETITION NO. 43
The proposed adoption of a new zoning ordinance of the
City of Livonia, pursuant to Act 207 of the Public Acts
of Michigan of 1921, as amended, which ordinance provides
for the manner in which the regulations and boundaries
authorized by said Act 207 may be determined and enforced,
which proposed ordinance is accompanied by a new zoning
map of the City of Livonia and which proposed ordinance
shall be on file in the office of the City Clerk at the
City Hall, 33110 Five Mile Road during a period of twenty
(20) days immediately preceding said hearing, and may be
examined in such office by any and all persons.
This notice is given to the public and each public utility
company and each railroad company owning or operating any
public utility or railroad within the City of Livonia.
ADDITIONAL NOTICE NOT REQUIRED BY LAW
Please take notice that, in addition to the above public
hearing before the City Planning Commission, a public hearing
on the above mentioned proposed zoning ordinance will take
place before the City Council of the City of Livonia at its
regular meeting on August 11, 1952, at 9:00 PM at the City
Court Building, 33211 W. Seven Mile Road, Livonia, Michigan,
and that any and all interested persons are invited to
attend either or both of the above mentioned public
hearings.
CITY PLANNING COMMISSION
Dated: 7/2/52 By Dallas F. Hay, Chairman
263
that the foregoing notice be published in the Livonian on
E July 11, 1952, as the legal notice required by law; that
such notice also be publshed in the Livonian on July 18,
1952, and July 25, 1952, and that a public hearing be
held before this commission in accordance with sbch notice,
A roll call vote on the foregoing resolution resulted in the following:
AYES: Bentley, Jahn, Bower, Conway, MacIntyre, Hay and Byers
NAYS: None
Upon a motion duly made by Clarence Jahn, seconded by Robert Mactntyre,
and unanimously carred, it was
RESOLVED, to authorize Waring and Johnson to have extra
copies of the proposed Zoning Ordinance made up. (Approx.
75 to 100 copies.)
At approximately 1115 PM, a motion was duly made by Clarence Jahn,
seconded by Robert MacIntyre and unanimously carried, it was
RESOLVED, that this meeting be adjourned.
Chairman Hay declared the meeting adjourned.
EczLq_ cc.---). ci-i / <,),/
'Helen E. Byers, Secr ary
ATTESTED:,
< =:Z572—.7 .42Z7*
Dallas F. Hay, Chairman