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HomeMy WebLinkAboutPLANNING MINUTES 1954-06-01 473 MINUTES OF A PUBLIC HEARING AND THE FIFTY SECOND SPECIAL MEETING OF THE CITY PLANNING COMMISSION A Public Hearing and the 52nd Special Meeting of the City Planning Commission were held on Tuesday, June 1, 1954 at the City Hall, Livonia, Michigan. Chairman Dallas F. Hay called the Public Hearing to order at approximately 8:00 p.m. Members present: Edwin Conway William Newton H. Paul Harsha Peter Ventura Clarence Jahn Dallas F. Hay Irving Geer Rufino Salinas Members absent: *Robert L. Greene Mr. Malcolm F. Waring, Planning Consultant; Mayor Elbert M. Hartom; Mr. Rudolf Kleinert, Councilman; Mr. Harry Killam, Councilman; Mr. Hugh Wood, Jr., Chief Inspector; and Mr. Harold Hultquist, Supt. or Public Works were present to- gether witn approximately 50 people attending tne Public Hearing and the Special Meeting. The secretary announced tnat the first item on the agenda was tne Salem Farms Subdivision, No. 1 located approximately b55 feet East of Gill Road with a frontage on the North side of Seven Mile of approximately b55 feet in the Southeast 1/4 of Section 4. The secretary read the letter of transmittal from Rose-Hill Realty Company dated May 11, 1954 and a letter dated June 1, 1954 from Mr. Hugh Wood, Jr. stating tnat the Building Department approves tne pro- posed subdivision as to building sites. Mr. Loel R. Hellman was present and stated that Mr. Lloyd S. Gullen nad called him late in tne afternoon and objected to dedicating 27 feet for tne proposed Whitby Road. Stated tnat Rose-Hill Realty would be willing to move tne pro- posed road West making a slignt jog. There is a possibility that a lot would De lost by doing this but tney wisn to cooperate in every way. It was suggested that Mr. Hellman submit a new plat showing this revision. Mr. Jahn, Chairman of the Plat Committee stated that he had visited the site. *Mr. Robert L. Greene arrived at approximately b:06 p.m. There were several people present interested in the proposed subdivision but none voiced an objection to the plat. There was a question regarding Norwich being a half street. The secretary read from „Subdivision Rules and Regulations Sub-section (f) Dedication of Half-Streets which cleared up all questions regarding nalf-streets. Upon a motion duly made by Mr. Newton, seconded by Mr. Jahn and unanimously carried, it was RESOLVED, that the proposed Salem Farms Subdivision, No. 1 located I[: approximately 655 feet East of Gill Road with a frontage on the Nortn side of Seven Mile Road of approximately 655 feet in tne Soutneast 1/4 i f�5 of Section 4 be tabled until June 15, 1954 in order to give tne petitioner an opportunity to present a revised plat. The Chairman declared tne foregoing resolution adopted. Tne secretary announced tnat tne next item on tne agenda was tne petition by Josepp R. Moore, Moore Sign Inc. for permission to erect two signs - 8' X 15• to advertise tne models built oy Newman Farms on Parcels ElOcl and E10c2 located on the Northeast corner of Farmington and Plymouth Roads in tne Soutn- west 1/4 of Section 27. Tne secretary read the petition dated May 14, 1954. Mr. Moore was present and stated tat tne signs would be standing six months to a year. Mr. Conway asked now far back the signs would be from the center of Plymouth Road. Mr. Moore stated about 100 feet. Mr. Jahn asked if at present one of tne signs is up. Mr. Moore stated tnat one is up and the frame work of the second. Mr. Harsna stated that he objected to tne signs because Newman Farms is a business the same as a hardware store or anything else. If tnis petition is granted it would leave it wide open for any otner business to come before tne commission and request the same consideration. Tnere was a question about the sign on Seven Mile Road West of `armington wnicn Mr. Moore stated that his company had erected. Stated that ne was told over the telephone that it was permitted because it was temporary. Stated he did not nave a copy of the Zoning Ordinance and that he had been told they were not available. Mr. Jahn stated that any sign company tnat wishes to do business in any city snould first obtain a copy of tne Zoning Ordinance. Upon a motion duly made by Mr. Geer, seconded by Mr. Harsna and unanimously carried, it was RESOLVED, tnat tne petition by Joseph R. Moore, Moore Sign Inc. for permission to erect two signs - 81 X 15' to advertise the models built by Newman Farms on Parcels ElOcl and E10c2 located on tne Northeast corner of Farmington and Plymouth Roads in the Southwest 1/4 of Section 27 be denied. The Chairman declared the foregoing resolution adopted. The secretary announced that tne next item on the agenda was the application of B. F. Turcott (j-1) for a permit to remove fill sand pill from Parcels EE1 and EE2 Having a combined frontage of 800 feet on the Nortn side of Scnool- craft approximately 500 feet West of Merriman Road in the Southeast 1/4 of Section 22. The previous application (j) presented at the Public Hearing, April 13, 1954 requested a permit to remove top soil. The application had been approved by the D.P.W. and the Police Department. 477 The secretary read a letter dated May 26, 1954 from Howard and Howard stating that they objected to this application if it concerns their land. Mr. Turcott was present and stated that he had not obtained a survey on tne area. Mr. Jahn, Chairman of the Top Soil Committee stated that the committee would approve the removal of the hill only. Mr. Salinas asked the size of tne hill and Mr. Turcott stated that 25,000 to 35,E yards would be removed. Mr. Hultquist stated that he did not require a survey as his department could keep an eye on the area to see tnat only tne hill is removed. No one was present objecting to the application. Mr. Ventura stated that tne commission recently turned down another application because there was not a survey. - - Mr. Salinas stated that he thougnt the commission was being unreasonaole re- questing a survey as this is just a hill. Mr. Turcott stated tnat he also filed witn nis application an agreement between himself and Mr. William Burger stating the following: (1) Leave enougn sand on property so as not to be below grade, (2) Grade property where sand is removed and (3) Not to fill or interfere witn drain ditch on property. Upon a motion duly made by Mr. Ventura and seconded by Mr. Jahn, it was RESOLVED, that application of B. F. Turcott (j-1) for a permit to remove fill sand hill from Parcels EP and EE2 naving a combined frontage of d00 feet on the Nortn side of Scnoolcraft approximately 700 feet West of Merriman Road in tne Soutneast 1/4 of Section 22 be tabled until June 15 in order to give tne petitioner an opportunity to present a survey of tne area. A roll call vote on the foregoing resolution resulted in the following: AYES: Ventura, Jann, Greene, beer, Harena and Hay . NAYS: Newton, Conway and Salinas Upon a motion duly made oy Mr. Newton, seconded by Mr. Jann and unanimously carried, it was RESOLVED, tnat tne Public Hearing oe adjourned until June 15, 1954. The Chairman declaredthe foregoing resolution adopted. The Chairman called the 52nd Special Meeting to order. The secretary announced tnat the first item on the agenda was the petition of Harold Zucke for permission to construct a gasoline service station on Parcel Al4 located on the Soutn side or Plymouth Road approximately 750 feet West of 479 5 71 Harrison Road in tne Northwest 1/4 of Section 3b. Mr. Zucke was not present. Mr. Ed Presnell, 2805b Nortn Clements Circle was present and suggested that inasmuch as Mr. Zucke had been notified and had not appeared tonight that nis petition be denied. Upon a motion duly made by Mr. Ventura, seconded by Mr. Newton and unanimously carried, it was RESOLVED, that tne petition of Harold Zucke for permission to construct a gasoline service station on Parcel A14 located on the South side of Plymouth Road approximately 750 feet West or Harrison Road in the North- west 1/4 of Section 3b be tabled until June 15, 1954 in order to give the petitioner an opportunity to appear before the commission and present an up-to-date print tnat will be related to tne proposed building. The Chairman declared the foregoing resolution adopted. The secretary announced tnat the next item on tne agenda was the application of Norris A. Host, Wolverine Contractors, Inc. (h) for a permit to remove sand from Parcel F4H having a frontage of 650 feet on the Soutn side of Schoolcraft Road approximately 2,525 feet West of Stark Road in tne Northwest 1/4 of Section 28. Mr. Host was not present. No one was present opposed to tnis application. As tne petition had been tabled several times and the petitioner nad not appeared April 27 and May 18, 1954 it was tne opinion of tne commission that this petition be denied without prejudice. Upon a motion duly made by Mr. Jahn, seconded by Mr. Newton and unanimously 'carried, it was RESOLVED, that the application of Norris A. Host, Wolverine Contractors, Inc. (n) for a permit to remove sand from Parcel F4H having a frontage of 650 feet on the Soutn side of Scnoolcraft Road approximately 2,525 feet West of Stark Road in the Northwest 1/4 of Section 28 be denied without prejudice. The Chairman declared the foregoing resolution adopted. Tne secretary announced tnat the next item on the agenda was the Devonshire Park Subdivision located Nortn of West Chicago and West of Henry Ruff Road in the Nortnwest 1/4 or Section 35. This proposed subdivision was tentatively approved by the commission April 20, 1954 but has been referred back to the commission by the City Council per the letter dated June 1, 1954 from the City Cleric. Mr. Henry Alper was present. Mr. Harry Killam stated tnat the City Council had a couple questions regarding tnis proposed subdivision. Tne adjacent subdivision on tne West snows Sunset running through and on this proposed subdivision there is no provision. Also the street Orangelawn jogs up ad down in this area. Mr. Waring brought the commission and those present up-to-date on what had 4 f1 preceded regarding tne Devonshire Park Suodivision and the J. F. Ferry Sub- division. Mayor Hartom stated that Devonshire Park Subdivision snould coniorm in regard to Orangelawn witn J. F. Ferry Subdivision as the J. F. Ferry Suodivision was approved November 17, 1953 wnereas Devonsnire Park Subdivision was not approved until April 20, 1954. Mr. Alper stated that all of the engineer work had been completed as well as the survey and tne canvass back plat. Upon a motion duly made oy Mr. Ventura, seconded by Mr. Geer and unanimously carried, it was RESOLVED, that the Devonshire Park Subdivision located North of West Chicage and West of Henry Ruff Road in tne Northwest 1/4 of Section 35 be tabled until June 15, 1954 in order to obtain a recommendation from tne Fire Department and the Police Department. The Chairman declared the foregoing resolution adopted. The secretary announced that tne next item on tne agenda was the application of Harold Edwards (g) tiled February 10, 1954 for permit to remove nursery sod from Blue Grass Farms, 34450 Five Mile Road. This application was not presented at a Public Hearing because an application for Valid Non Conforming Use was filed February 15, 1954. Mr. Russell Asnmore stated tnat ne had looked over Mr. Edwards property and he considers it a very good job of house cleaning as ne does not tear up tne road etc.; therefore ne conforms witn tne ordinance without. requiring a bond. There is a question tnoggn of the land being below grade of tne road. Asked the policy of tne commission seeing tnis is true. Appears to be carrying on his business in a legitimate way contrasted with Mr. Godwin who is cutting up the road, etc. wnicn makes a different situation. Mr. Edwards owns the land whereas Mr. Godwin rents the land. Mr. Asnmore recommended that tne commission not require Mr. Edwards post a bond. Mr. Geer asked now much soil is removed in process of removing sod. Mr. Asn- more stated about 1/2 incn. Mr. Geer asked now often it is removed. Mr. Asnmore stated every two years. Mr. Ventura stated tnat if the land is below grade and they continue to remove sod tney are in violation of thDordinance. The commission would be incon- sistent if it allowed one person to remove sod below grade and not anotner. Mr. Greene asked if Mr. Edwards would nave a legal way out seeing he nad filed a Valid Non Conforming Use Application and wouldn't it be possible to block future sod removal and let Mr. Edwards continue his business. Mr. Ashmore stated that ne felt Mr. Godwin snould post a bond wnereas Mr. Edwards should not. Mr. Waring stated that it would be good to determine whether this is a crop or 21 not. Mr. Asnmore stated tnat if there is road side damage that the bond recorded would take care of this. Fields of sod have some beauty to tnem. Where there are crops under way it would not be possible to stop tnem. Anyone want- ing to remove sod must come before the commission. Mr. Greene asked if there was a precedent in other communities. Mr. Asnmore stated that nalf call it dirt removal and nalf call it a nursery business. Mr. Harsna asked Mr. Asnmore if he would recommend the possibility of reword- ing this section of tne ordinance. Mr. Ashmore stated that ne would recommend it. Mr. Asnmore stated that he would draft a letter approving tne Valid Non Con- forming Use Application for Mr. Edwards for this crop only and tnat ne would submit it at tne next meeting or the commission. There was a lengtny discussion regarding tne list of top soil applications granted and denied from March 12, 1953 to present. Mr. Asnmore asked the commission if they knew of any application that was approved wnere the land was below grade. Tne commission assured Mr. Asnmore tnat tney nad not to their knowledge approved an application wnere the land was below grade. Upon a motion duly made by Mr. Newton, seconded by Mr. Greene and unanimously carried, it was RESOLVED, that the list of top soil applications granted and denied from March 12, 1953 (Zoning Ordinance, No. b0 adopted by referendum vote February 15, 1953) to present is to the best of tne City Planning Commission's knowledge and belief a complete list. Tne Cnairman declared the foregoing resolution adopted. The Cnairman called a recess at approximately 10:2b p.m. The Cnairman called the meeting to order at approximately 10:40 p.m. The secretary announced tnat tne next item on tne agenda was tne sign located New Detroit Subdivision South of Plymouth Road between Arcola and Inkster. Sign Permit No.136 issued April b, 1952. It was agreed by the commission tnat tnis permit was issued before tne Zoning Ordinance. Mr. Newton stated tnat he was concerned about this sign as it was dangerous to cnildren and it advertises sale of property in anotner community on Six Mile. Mr. Ashmore suggested tnat all questionable signs in the City of Livonia be listed by tne Police Department and that the commission hold meetings after notifing proper people. 48PS Upon a motion duly made by Mr. Geer, seconded by Mr. Greene and unanimously carried, it was RESOLVED, that it is suggested that the Police Department make a list of the signs within the City of Livonia tnat tney feel are injurious or a nazard whether the sign has been approved or not. Tne Chairman declared the foregoingresolution adopted. Upon a motion duly made by Mr. Newton, seconded by Mr. Geer and unanimously carried, it was RESOLVED, that the minutes of the meeting May 11, 1954 be approved as received. The Chairman declared the foregoing resolution adopted. There was a lengthy discussion regarding the motion by the commission May lc, 1954 referring to the City Attorney the waiver presented by Mr. Bernie Binkley. Upon a motion duly made by Mr. Ventura, seconded by Mr. Newton and unanimously carried, it was RESOLVED, tnat a letter be written to Mr. Bernie Binkley requesting that ne be present at the Regular Meeting, June 15, 1954 regarding the legality of the signatures on the waiver presented by nim May 18, 1954. The Chairman declared the foregoingresolution adopted. Upon a motion duly made by Mr. Newton, seconded by Mr. Harsna and unanimously carried, it was RESOLVED, tnat the statement dated May 1, 1954 from Waring and John- son for the month of April for $189.43 be approved as presented. Tne Cnairman declared the foregoing resolution adopted. Tne secretary read a letter dated May 29, 1954 from Mr. Joseph A. Milko asking the commission to extend the carnival permit to and include June b, 1954 as the St. Micnaels Mens Club is making a profit. Mr. Milko was present earlier in the evening but could not wait until nis request was heard by the commission. Mr. Harsha asked if the same conditions would apply as heretofore. Mr. Asn- more and the commission agreed tnat tney would. Upon a motion duly made by Mr. Conway, seconded by Mr. Greene and unanimously carried, it was RESOLVED, that the permit by St. Michael's Mens Club to hold a carnival located approximately 910 feet East of Farmington Road on the South side 47 of Plymoutn Road in the Nortnwest 1/4 of Section 34 be extended to and include June 6, 1954. Tne Chairman declared tne foregoing resolution adopted. Tne secretary read tne letter dated May 25, 1954 addressed to Harry Slatkin, Inc. from the City Clerk regarding the sewer in Country Homes Subdivision, and tne letter dated May 28, 1954 addressed to tne City Council from Mayor Hartom regarding nis recommendation. There was a lengthy discussion regarding additional subdivisions approved for the area between Stark Road and Wayne Road and tne entitled reimbursement to Harry Slatkin, Inc. and now the commission would not let this matter slip by without notice in the future. The secretary read a letter dated May 12, 1954 addressed to Dr. Cole S. • Brembeck, Supt. of Livonia Public Scnools from Mr. Malcolm F. Waring regarding a scnool site in Section 9. Mr. Folsom, Chairman of the Parks and Recreation Commission was present and stated that the commission had looked at tne suggested site and that tney would no doubt nave a recommendation by June 15. The matter was placed on tne table until June 15, 1954. The secretary read tne letter dated June 1, 1954 from Dr. Cole S. Brembeck addressed to tne City Planning Commission regarding the changing of the location of the school site in Section 12. Mr. Waring stated tnat tne proposed change is vacant property and tnat it is part or the original location as shown on the Master School and Park Plan. Mr. Jahn suggested tnat tne commission have a letter from Mr. Waring so that the Master Plan can be amended both in regard to Section 12 and Section 9. Mr. Folsom stated that the site in Section 12 has not been purchased. The secretary read the communication from Eugene M. Quinlan regarding sub- scription to the Zoning Bulletin. Tne commission agreed tnat tney would be interested in receiving a copy of this bulletin but that they would like the price of twelve copies instead of the suggested five as quoted in the communication. The secretary read the letters dated May 19, 1954 from Hugn Wood, Jr., Chief Inspector addressed to Mr. George Cummins, Charles J. Rogers Construction Company and Mr. Dominic J. Pitrone regarding numerous complaints from residents of the vicinity in which tney are removing top soil, sand, clay, gravel or similar material. Mr. Ventura presented the matter of tne green belt behind tne National Food Store on Plymouth Road. The commission agreed that this had been tabled until the meeting June 15, 1954 at which time it is hoped tnat a letter would be available from the Building Department. Mr. Ventura read tne resolution adopted by the commission February 16, 1954 4[81) Devonshire Park Subdivision. In answer to tnis the secretary read the letter dated Marcn 22, 1954 addressed to the commission from Mr. J. B. Folsom, Chair- man Parks and Recreation Commission. Upon a motion duly made by Mr. Jann, seconded by Mr. Newton and unanimously carried, it was RESOLVED, that this meeting be adjourned. At approximately 11:47 p.m. the Chairman declared the meeting adjourned. Rufi o Salinas, Secretary ATTESTED: Dallas F. Hay, Chairman