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HomeMy WebLinkAboutPLANNING MINUTES 1953-07-21 Secy Init. ( .& age 91. MINUTES OF A PUBLIC HEARING AND THE THIRTY- FIFTH REGULAR MFFTING OF THE PLANNING COMMISSION A public hearing and the 35th regular meeting of the Planning Commission were held on Tuesday, July 21, 1953 at the City Hall, Livonia, Michigan. Chairman, Dallas Hay, called the thirty-fifth regular meeting to order at approximately 8 PM. Members present: Irving Geer Robert Greene H. Paul Harsha Dallas Hay William Newton Rufino Salinas Members absent: Edwin Conway *Clarence Jahn Walter Russell Mr. Malcolm Waring, of Waring and Johnson, Planning Consultants, was present. The Chair asked for disposition of the minutes of the thirty-ninth special meeting and upon a motion duly made by Mr. Harsha and seconded by Mr. Geer, it was RESOLVED, that the minutes of the thirty-ninth special meeting be accepted as received. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Greene, Geer, Harsha, Hay and Salinas NAYS: None Invoices that had been received by the secretary were passed around to the group. Upon a motion duly made by Mr. Newton and seconded by Mr. Salinas, it was RESOLVED, that the invoices received covering the printing on binders for the Commission members and the imprinting of the official minute book anti two boxes of stencils, be re- ferred to the City Council for payment. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Greene, Geer, Harsha, Hay and Salinas NAYS: None Mr. Brashear arrived at approximately 8:05 PM. The secretary read a letter inre the Gerges Subdivision, asking for dis- missal of the tentative plat without prejudice. Upon a motion duly made by Mr. Newton and seconded by Mr. Harsha, it was RESOLVED, that the tentative plat of the Gerges Subdivision be dismissed without prejudice. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Greene, Geer, Harsha, Hay and Salinas NAYS: None Secy Init:7S.page 93. Upon a motion duly made by Mr. Harsha and seconded by Mr. Newton, it was RESOLVED, that the regular meeting be adjourned in order to proceed with the public hearing. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Greene, Geer, Harsha, H-y and Salinas NAYS: None Chairman, Dallas Hay, called the public hearing to order at approximately 8:08 PM. Approximately 60 persons were present. The Chair announced that first on the agenda was Lyndon Meadows Subdivi- sion, Section 23, Schoolcraft Land Development Company. The secretary read the description together with a letter from the sub- divider, Mr. David Klein, also Waring and Johnson's recommendation. Then a subsequent letter was read from Waring and Johnson stating that certain changes had been made on the preliminary plat and recommended that the subdivision be approved insofar as it relates to planning. The Chair called on Mr. David Klein and Mr. Warner. There was a question about the lot sizes and Mr. Warner advised that they were of the re- quired size in square feet. The Chair asked if anyone was present who opposed the plat. I[: Mr. R. L. Pine, 14040 Hillcrest, said that he was opposed and that the persons present were objecting to the small lots. Several objected a.nc1 stated that their lots were across the street on Henry Ruff and were 100 foot frontages. *Mr. Jahn arrived at approximately 8:30 PM. The following were present and were opposed to the proposed subdivision: N. T. Zahara, 14234 Hillcrest C. R. McKinney, 14300 Hillcrest R. C. Nott, 14126 Hillcrest E. A. Robertson, 39319 Plymouth Louis Szabo, 14150 Hillcrest It was brought out that the persons objecting had houses that back up to Henry Ruff, facing Hillcrest. Mr. Brashear pointed out to the persons objecting because of the small lots in the proposed subdivision that the Planning Commission has no jurisdiction over the size of the lots; the only thing they are con- cerned with is the layout of the subdivision. After due consideration a motion was duly made by Mr. Harsha and sec- onded by Mr. Salinas, it was RESOLVED, that the preliminary plat of Lyndon Meadows Subdivision situated approximately 1/4 mile north of Schoolcraft Road between Midrllebelt and Henry Ruff Roads, Sec. 23, be given tentative ap- proval, subject to the recommendations of Waring and Johnson, Planning Consultants. Secy Init.,ipage 95. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Jahn, Greene, Geer, Harsha, Hay and Salinas NAYS: None The secretary read the description of the proposed plat of the Klein Sub- division, Section 23, (Owner: Roosevelt Lumber Co.) and explained that this plat is adjacent to the one previously presented, Lyndon Meadows. The Chair asked if anyone was present either for or against the plat. After due consideration, a motion was duly made by Mr. Salinas and sec- onded by Mr. Newton, and it was RESOLVED, that the preliminary plat of Klein's Subdivision situated approximately 1/4 mile north of Schoolcraft on the east side of Henry Ruff Road, Section 23, be tentatively approved, subject to the changing of certain street names. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Jahn, Greene, Harsha, Geer, Hay and Salinas NAYS: None The secretary read the description of the proposed plat of the Helman Park Subdivision (Owner: Grandville Construction Co). Revised plans were submitted. The secretary also read Waring and Johnson' s recom- mendation, stating that they recommend approval as the suggested changes had been made. There wag a discussion and it was brought out that the School Board had spotted this parcel as a proposed school site. Mr. Warner was not aware of this situation. Mr. Brashear advised that the School Board had received notice of the meeting, but one one was present representing the School Board. The Chair asked if anyone was present either for or against this plat. Upon a motion duly made by Mr. Jahn and seconded by Mr. Salinas, it was RESOLVED, that the preliminary plat of Helman Park Subdivision situated between Seven Mile and Curtis Roads and between Gill Road and Stamford Avenue, Section 9, be tentatively approved insofar as it relates to planning. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Jahn, Greene, Geer, Harsha, Hay and Salinas NAYS: None The Chair announced that the zoning petitions were next on the agenda and requested the secretary to read the first petition. The secretary read petition #Z-20, James L. and Catherine J. Jacoby, requesting a change of zoning classification from M-1 to RUFB. Also Waring and Johnson's recommendation was read recommending that no change be made, thus creating no hardship to the petitioners. X97 The Chair asked if Mr. and Mrs. Jacoby were present and Mr. G. F. Fitzgerald, Attorney, came forward and said that he was representing the petitioners. Mr. Fitzgerald then read a lengthy document that had been prepared stating the reasons why the petition should be granted and citing cases that had been acted upon by the Courts, and then presented same to the secretary for the record. The Chair asked if anyone was present either for or against the petition. Mr. Brashear advised the Commission of their status on this petition and the Chair asked for disposition of the petition. Upon a motion duly made by Mr. Salinas and seconded by Mr. Geer, it was RESOLVED, that petition Z-20, James L. and Catherine J. Jacoby, requesting a zoning change on the east side of Merriman Road between Plymouth Road and the C&0 Railroad, from M-1 to RTFB, be denied. A roll call vote on the foregoing resolution resulted in the following: ayes: Newton, Jahn, Greene, Geer, Harsha, Hay and Salinas NAYS: None The secretary read petition Z-21, Emilie M. Heinlen, and Waring and Johnson's recommendation on same. The letter from Waring and Johnson stated that they were unable to locate the property in question. The petition requested that the zoning be changed from R-1-B to C-1 on Lot 9 and the west 7 feet of Lot 10, of Green Garden Subdivision. L Mrs. Heinlen was present and the Chair called on Mr. T. O'Connor who was able to locate the property and explained that the County had condemned Reddon Road to extend Inkster Road and all the other corners are zoned for business. The Chair asked if anyone was present either for or against the petition. After due consideration a motion was duly made by Mr. Harsha and sec- onded by Mr. Newton, it was RESOLVED, that petition Z-21, Emilie M. Heinlen, requesting that the NW corner of Five Mile and Reddon (Lot 9 and the west 7 feet of Lot 10, known as Item 7A1 of the Wayne County Bureau of Taxation) be changed from its present zoning classi- fication of R-1-B to C-1, be granted. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Jahn, Greene, Geer, Harsha, Hay and Salinas NAYS: None The secretary read petition Z-22, Felician Sisters, O.S.F. , requesting a zoning classification change from AG-B to R-2 and that approval be given for erection of a new hospital, on the SW corner of Five Mile lisand Levan Roads. Also Waring and Johnson's recommendation was read, stating that approval should be given if sewers, etc. were made available. The Chair asked if anyone was present either for or against the petition. -99 Dr. Brooks, Mr. Don Roach and Dr. Oscar Bosebolt were present. Dr. Brooks stated that any delay would be harmful to their plans as they have been working on them for some time. Dr. Rosebolt presented a sketch of the proposed building and explained that they are entering into their fund raising campaign and have employed a firm to take care of this. He also stated that any delay at this time would not be conducive to the campaign and further that the hospital is sorely needed as of now in Livonia. The present setback was shown at 300 feet, but Dr. Bosebolt said that they may make that somewhat closer due to the fact that patients would have to walk from the street into the hospital entrance. After due consideration a motion was duly made by Clarence Jahn and seconded by Mr. Newton, it was RESOLVED, that petition Z-22, of the Felician Sisters, O.S.F. , for chAnge of zoning is granted and it is recommended that the property described therein be changed from AG-B to R-2; and The City Planning Commission does hereby approve the use of such parcel as changed, for a general hospital provided however that this resolution shall not become effective until there is delivered to the City of Livonia a written undertaking on the part of the Felician Sisters, O.S.F. , and St. Mary's Hospital that such parcel shall not be used for two-family dwellings and shall be used only as a general hospital and that such undertaking be subject to the approval of the City Attorney. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Jahn, Greene, Geer, Harsha, Hay and Salinas NAYS: None At approximately 9:55 PM, the Chair called a recess. At approximately 10:05 PM, the Chair again called the meeting to order. The secretary read petition Z-23, Best Block Company, asking that all its property on the South side of Five Mile be changed to an M-1 classi- fication. Also Waring and Johnson's recommendation was read stating several objections to the zoning change, and giving suggestions for im- provement. The secretary read a letter from Mr. L. R. French, Bainbridge Street, objecting to the zoning change. Mr. Wm Ponder, Attorney, was present representing the petitioner. He presented an amendment on the legal description to be filed with the original petition. Mr. Ponder said that the Best Block Company has been in Livonia for many years and these people are small business men same as we are. "The plant has been running in a businesslike fashion and if the zoning is changed they will be required to install greenbelts as suggested by Mr. Waring," he said. Mr. Ponder stated that the company is bringing in a new type of stamping machine that will eliminate any noise that is heard from the plant at present and that they do not plan to operate any more than one shift as has been the practice in the past. 6.-= L 1Q11. He said that the parcel is a little over au acre and he does not think the change of zoning will interfere with the development of the property around it. The Chair asked if anyone was present either for or against the petition. Mr. B. Binkley, 15240 Bainbridge said that he owns property that he bought for commercial use. Mr. Jahn suggested changing the zoning on two parcels only to C-2. There was a discussion and Mr. Ponder said that he would have to study Waring and Johnson's recommendations before making any commitments. The people present were in favor of having the property changed back to C-2 as before the zoning map error was made. Upon a motion duly made by Mr. Harsha and sedonded by Mr. Newton, it was RESOLVED, that petition Z-23, Best Block Company, be adjourned until the next public hearing. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Jahn, Greene, Geer, Harsha, Hay and Salinas NAYS: None Upon a motion duly made by Mr. Harsha and seconded by Mr. Newton, it was RESOLVED, that a public hearing be held on the Planning Com- mission's own iniative on the question whether or not the property situated on the south side of Five Mile between the land owned by Best Block Company as described in its petition Z-23 and the east boundary of Merriman Road be changed from its present zoning classification to a C-2 classification and that this matter be set for hearing at the next public hearing of the Planning Commission. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Jahn, Greene, Geer, Harsha, Hay and Salinas NAYS: None An application for the removal of topsoil by Gus McNeedy on Seven Mile and Haggarty was read by the Secretary. The Chair called on Lt. Newstead of the Livonia. Police Department to state their objections to the hauling of topsoil. Lt. Newstead stated that the hauling of topsoil and sand is creating a traffic hazard as they spread mud and dirt on the road and leave a sand put and complaints are received at the Police Department about the noise of the trucks. 103 Mr. Donald Wilson, Chief Inspector of the Bureau of Inspection, said, "No topsoil should be removed in Livonia. I don't believe there is any topsoil above grade in Livonia." Upon a motion duly made by Clarence Jahn and seconded by Mr. Geer, it was RESOLVED, that the application for the removal of topsoil on Seven Mile and Haggerty, by Gus McNeedy, be tabled until the next meeting. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Jahn, Greene, Geer, Harsha, Hay and Salinas NAYS: None The next application to remove topsoil was being asked by Harold E. Edwards on the east side of Merriman between Schoolcraft and Lyndon. The application was not signed by the DPW or the Police Department. It was established that topsoil was being removed at the time of the new Zoning Ordinance and temporary permits were issued to those persons in the throws of moving soil at the time. Mr. C. E. Morrow, Mr. Edwards and Mr. Farber were present. Mr. Farber was representing Mr. Green and advised that they also own a parcel di- rectly west of this parcel. He stated that they will have too much dirt and will have to do something about removing it on the west parcel. Mr. Wilson advised that the DPW had shot a grade on that property and found it low. He also was of the opinion that the building grades should be put in before any superstructure is started. The Chair asked if anyone was present objecting to the removal of the topsoil. Lt. Newstead said, "The same condition exists here, they pull out on the roads and they are highly traveled. Everytime they go around corners they lose sand and dirt and it creates a safety hazard. We have asked them repeatedly to take less sand or dirt per load to avoid spilling same on the highway, but we are ignored." Upon a motion duly made by Mr. Geer and seconded by Mr. Greene, it was RESOLVED, that the application to remove topsoil submitted by H. E. Edwards on the east side of Merrimac between School- craft and Lyndon, be tabled until the next meeting and that the secretary contact the DPW inre their absence from this meeting. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Jahn, Greene, Geer, Harsha, Hay Ana Salinas IL: NAYS: None 6 - Y05 The next topsoil application was received from Carl Beuthien to remove soil from the east side of Farmington between Plymouth Road ana W. Chicago. Don Wilson said that the Shelden Land Company had scraped the land to build the shopping center. Mr. Harsha was of the opinion that a revision should be made in the Zoning Ordinance pertaining to the removal of topsoil when it concerned the clearing of land to erect large buildings or shopping centers, where no soil would be replaced. The Chair asked if anyone was present opposing the removal of the soil. Upon a motion duly made by Mr. Harsha and seconded by Mr. Jahn, it was RESOLVED, that the Shelden Land Company be granted permission to remove the topsoil as stockpiled on Farmington between Plymouth and W. Chicago and that a performance bond of $1,000. be posted. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Jahn, Greene, Geer, Harsha, Hay and Salinas NAYS: None The next application to remove topsoil was submitted by the Eight Mile Dirt and Sand Company to remove soil from the north side of Six Mile in the SW 1/4 of Section 11, by P. H. Gardhause. The application was not signed by the DPW or the Police Department. Upon a motion duly made by Mr. Salinas and seconded by Mr. Geer, it was RESOLVED, that the application to remove topsoil on the north side of Six Mile in the SW 1/4 of Section 11, by P. H. Gardhouse, be denied. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Jahn, Greene, Geer, Harsha, Hay and Salinas NAYS: None • The next application to remove topsoil was submitted by W. B. Parmenter to remove soil from a parcel located approximately 1/2 mile east of Farmington between Plymouth and the C&O Railway in Section 27. The application was not signed by the DPW or the Police Department. Upon a motion duly made by Mr. Salinas and seconded by Mr. Geer, it was RESOLVED, that the application of W. B. Parmenter to remove topsoil from the parcel 1/2 mile east of Farmington Road. be- tween Plymouth Road and the C&O Railway, be tabled until the next meeting. A roll call vote on the foregoing resolution resulted in the following: 107 AYES: Newton, Jahn, Greene, Geer, Harsha, Hay and Salinas NAYS: None The next application to remove topsoil was submitted by Lawn Farm to remove topsoil from Levan and Schoolcraft. The application was not signed by the DPW or the Police Department. Mr. McFarlan was present and said that the matter was taken up with the DPW and they had indicated that it would be approved. The removal of the sod is to put the land into condition to proceed with 150 homes that will be constructed. He said, "We do not want to take the soil but take the sod or topsoil and put the land in condition. It is about 6 inches above grade." The Chair asked if anyone was present who opposed the removal of the soil. Mr. D. Cobb, 14300 Levan Road: "We border their property and they want us to sign off. Does this man live in Livonia? Did he ever live where the sand blows in his face all day long? They just graded Levan Road and they didn't oil the road and we nearly moved to Detroit. If they remove soil there, we will move to Detroit. " Mr. F. Dietrich, 35700 Schoolcraft: "We border the east of the property more so. Right west of my property the frogs peep in there every night after it rains." Mr. Lodisio, 35632 Schoolcraft: "Pre live about two doors away and you can't even open your windows, because of the dust. I moved 640 loads of dirt over to fill in my property. It is all low in there." Mrs. Cobb and Mrs. Dietrich were also present and opposed to the removal of the topsoil. Mrs. Dietrich said that there is not much sod on this piece of land. There are some beautiful trees in there and they don't own them but will fight to keep them. She also stated that it is absolutely low in there where they proposed to remove soil. Upon a motion duly made by Mr. Newton and seconded by Mr. Greene, it was RESOLVED, to table the application of Lawn Farm to remove topsoil at Levan and Schoolcraft Roads until the next meeting and that a committee be appointed to look over the property in question and also that the recommendations of the DPW and Police Department be considered. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Jahn, Greene, Geer, Rersha, Hay and Salinas NAYS: None The Chair appointed Mr. Harsha, Chairman, and Mr. Greene and Mr. Newton as a committee to inspect the property in question. Next, the secretary read the petition of Mr. and Mrs. Paul Katschor requesting permission to raise fowl on Cavour Ave. between Five Mile and Elsie Avenue. Also Waring a.na Johnson's recommendation was read. The petitioners were not present. Mr. Jahn left at 11:40 PM. It was brought out that the chickens are already being raised by the petitioners and have been for two weeks or more. The people present were objecting to the petition, and submitted their names and addresses as follows: Mrs. Nora Tkacz, 15116 Cavour Mrs. Olive M. Schroeder, 15135 Paderewski Mrs. Wm Wilson, 15015 Cavour Mr. Y. Ralph, 15101 Haller Mrs. Alvin Morgan, 14997 Hailer Mrs. Pearl Ralph, 15101 Haller Charles McKerman, 15102 Cavour J. P. Schroeder, 15135 Paderewski Stanley J. Tkacz, 15116 Cavour Upon a motion duly made by Mr. Salinas anc7 seconded by Mr. Greene, it was RESOLVED, that the petition of Mr. and Mrs. Pahl Katshor requesting permission to raise fowl on Cavour between Five Mile and Elsie, be denied. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Greene, Geer, Harsher, Hay and Salinas NAYS: None At 11:45 PM the Chair declared the public hearing adjourned. The regular meeting was called to order by the Chair at 11:50 PM a.m the following were present: Messrs. Newton, Greene, Geer, Harsha, Hay and Salinas Also present were Messrs. Brashear and Waring. Miss Byers was present and presented the official record books of the Planning Commission to the Chairman. The Chair advised that the Merriman Park issue was tabled until this meeting. The Chair appointed Mr. Clarence Jahn, Mr. Greene and Mr. Geer to check into the Merriman Park proposition more thoroughly. Mr. Geer presented the preliminary drawing of the Phil-Ritz Subdivision. He said that Mr. Conway and he felt that it should be rejected. Upon a motion duly made by Mr. Geer and seconded by Mr. Salinas, it was RESOLVED, that the preliminary drawing of the Phil-Ritz Sub- division located in the NW 1/4 of Sec. 13, be denied. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Greene, Geer, Harsha, Hay and Salinas NAYS: None At approximately 11:45 PM, a motion was duly made by Mr. Newton and seconded by Mr. Greene and carried unanimously, it was RESOLVED, that this regular meeting be adjourned until next Tuesday, July 28, 1953. Thereupon, the Chair declared the meeting adjourned. '.c5 Lai) Rufino inas, Secretary ATTESTED: Dallas F. Hay, Chairman