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HomeMy WebLinkAboutPLANNING MINUTES 1954-08-31 7 MINUTES OF THE 55TH SPECIAL MEETING OF THE LIVONIA CITY PLANNING COMMISSION The 55th Special Meeting of the City Planning Commission was held on Tuesday August 31, 1954 at the City Hall, Livonia, Michigan. Chairman Peter A. Ventura called the Special Meeting to order at approximately 8:00 p.m. Members present: William Robinson Karle Steinhoff H. Paul Harsha Edwin Conway Dallas F. Hay Peter A. Ventura Adelaide Nielsen Rufino Salinas Members absent: Robert L. Greene Mr. Malcolm F. Waring, Planning Consultant was present. The secretary announced that the first item on the agenda was the petition by Gertrude E. Ellis on a proposed Drive-In Restaurant now being constructed on Lot 36, Liverance Subdivision situated on the West side of Middlebelt Road between Six Mile Road and Munger Avenue presented for the following reasons and for such otner points that may be pertinent to hearing: (1) For disputed boundaries of various districts and (2) Whether or not a Drive-In Restaurant business is classified as an open-air sales. The secretary read the follow- ing letters and petitions opposed to Drive-In: (a) Gertrude E. Ellis dated August 13, 19)4; (b) Donald L. Bachman, Parkview Acres Association dated August 15, 1954; (c) Mrs. Dorotny Richeson, Wilcox P.T.A. dated August 9, 1954; (d) Edward E. Wild, Bell Creek Improvement Association dated August 17, 19)4; (e) Alfred Summers, Parkwoods Civic Association dated August 14, 1954 (f) Mrs. Dorothy Richeson, Livonia School Advisory Committee dated August 16, 1954; (g) Mrs. Zunick on Middlebelt Road and (h) petition containing 280 signatures. The secretary also read a letter dated August 31, 1954 from W. W. Brashear of Brashear and Brashear who had been retained by Louis Garofalo. Mr. Otto Hedges, 30320 Six Mile Road stated that he is a member of Hope Cnapel just back of the Drive-In and that his interest is as an individual. Talked to a member of the State Police Force who had no legal knowledge of the issue but when asked the experience of the State Police with drive-ins, he said "Youre heading for trouble.„ Mr. Ventura read Section 1.02 of the Zoning Ordinance in answer to No. 5 in the letter dated August 31, 1954 from Mr. W. W. Brashear. Mr. Brashear stated that the Building Department checked the zoning classifi- cation of the property involved and other ordinances to see whether a building permit should be issued. Mr. Garofalo nas reached the point where he has spent $3,000. Stated that the matter of jurisdiction is unfairly cast upon the Planning Commission and that there are evils in many things, not just Drive-Ins. Before the license is issued by the city, the drive-in has to be approved by the Board of Health, Police Department and other officials con- cerned with the safety and welfare of the city. Mr. Ventura stated that there is an objection to the zoning classification assigned to Lot 36. Read from a deed where Lots 50 to 58 inclusive shall be used for residential purposes only until January 1, 1945, after which time they may be used for business purposes. All other lots shall be used for residential. purposes only. Stated that this in itself justifies commission hearing petition. 158 Mr. Brashear stated that the commission has no jurisdiction over private restrictions. Mr. Jim Butcher, 16'/50 Middlebelt Road stated that when the ordinance was voted upon the map stated that 360 feet was business frontage on Middlebelt which would be five or ten feet inside Lot 36. Mr. Fred Ellis, 30109 Greenland stated that in April Mr. Liverance offered Lot 36 for sale at which time Mr. Liverance stated the lot was residential. Mr. David L. Jones, 18335 Sunset stated that in Section 17.02, Zoning Ordinance, No. 60 the matter wnetner the commission can consider the drive- in is clearly covered. Mr. Ashmore stated that the commission has the authority to decide a boundary dispute. Mr. Waring stated that in his opinion Lot 36 is in a C-2 District. The secretary read a letter dated August 27, 1954 from Herald F. Hamill stating tnat the north line of the building is located 390 feet south of the center line of Six Mile Road and 79.60 feet west of the center line of Middlebelt Road. Upon a motion duly made by Mr. Robinson, seconded by Mr. Conway and unanimously carried, it was RESOLVED that, petition by Gertrude E. Ellis on a proposed Drive-In Restaurant now being constructed on Lot 36, Liverance Subdivision situated on the West side of Middlebelt Road between_Six Mile Road and Munger Avenue be tabled in order to give Mr. Louis Garofalo an opportunity to present a survey showing the exact location of the building to the center of Six Mile Road. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the reconsideration of application of Sebastion J. Mancuso, Westfield Topsoil & Sand Company (i) for a permit to remove top soil from Parcels Dl and E located on the South- east corner of West Chicago Blvd. and Middlebelt Road in the Southwest 1/4 of Section 36. The petitioner or a representative was not present. Mr. Ashmore statea that he had been asked by Mr. Bartholomew to arrange a meeting with the commission for the reconsideration of this petition. Stated that ne informed Mr. Mancuso of the hearing tonight, and that he would be here without Mr. Bartholomew as he was on vacation. Recommended that the application be denied and that sufficient members of the commission be available for court purposes. Mr. Hay suggested that the application be tabled until the next meeting in view of the fact Mr. Bartholomew is out or town. Mr. Ashmore stated that Mr. Mancuso convinces him that he wanted the hearing without Mr. Bartholomew. Suggested to Mr. Mancuso that the hearing be post- pones. 5f) Upon a motion duly made by Mr. Conway and seconded by Mr. Hay, it was RESOLVED that, application of Sebastion J. Mancuso, Westfield Top- soil and Sand Company (i) for a permit to remove top soil from Parcels D1 and E located on the Southeast corner of West Chicago Blvd. and Middlebelt Road in the Southwest 1/4 of Section 36 be tabled until September 21, 1954. A roll call vote on the foregoing resolution resulted in the following: AYES: Conway, Nielsen, Hay and Harsha NAYS: Robinson, Steinhoff, Ventura and Salinas The Chairman announced that the motion fails to carry. Upon a motion duly made by Mr. Robinson and seconded by Mr. Steinhoff, it was RESOLVED that, application of Sebastion J. Mancuso, Westfield Top- soil and Sand Company (i) for a pemtt to remove top soil from Parcels Dl and E located on the Southeast korner of West Chicago Blvd. and Middlebelt Road in the Southwest 1/4 of Section 36 be denied without prejudice. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Nielsen, Steinhoff, Harsha and Ventura NAYS: Conway, Hay and Salinas IL: The secretary announced that the next item on the agenda was the petition of Clifford A. Green to conduct an open-air sale to be known as ',Livonia Lawn and Garden Supply» on Lots 144 through 149, Schanhite,s Marquette Manor Sub- division located at 12275 Inkster and situated on the Southwest corner of Inkster and Grantland Avenues in the Southeast 1/4 of Section 25. The secretary read a letter from Clifford A. Green asking that the commission disregard this petition temporarily and file it until a later date. The following motion was made by Mr. Salinas and seconded by Mr. Robinson: RESOLVED that, petition of Clifford A. Greene to conduct an open-air sale to be known as ',Livonia Lawn and Garden Supply', on Lots through 149, Schanhitets Marquette Manor Subdivision locate ' t 12275 Inkster and situated on the Southwest corner of Inkster and Grantland Avenues in the Southeast 1/4 of Section 25 be denied without prejudice. Mr. Ventura stated that the petitioner requested this petition be placed on file at his request as he is not currently conducting a business and the commission has pending a case of this type. Requested the motion be with- drawn. Mr. Salinas stated that he did not wish to withdraw his motion. Mr. Robinson withdrew his support. There was not a roll call vote taken on Mr. Salinas's motion as there was no 11[: suppbrt Upon a motion duly made by Mrs. Nielsen, seconded by Mr. Conway and unanimously carried, it was RESOLVED that, petition of Clifford A. Green to conduct an open-air sale to be known as "Livonia Lawn and Garden Supply" on Lots 144 through 149, Schanhitets Marquette Manor Subdivision located at 12275 Inkster and situated on the Southwest corner of Inkster and Grantland Avenues in the Southeast 1/4 of Section 25 be placed on file to be represented to the Planning Commission when requested by petitioner. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the Evelyn Burns Subdivision located approximately 530 feet North of Six Mile Road and approxi- mately 3,250 feet West of Farmington Road in the Southwest 1/4 of Section 9. Mr. Burns or his representative was not present. Mr. Ventura stated that he had talked to Mr. Burns at which time he suggested to him that the proposed subdivision be brought up at a later date as plats were not available in time for the commission to study prior to the meeting. Upon a motion duly made by Mr. Conway, seconded by Mr. Hay and unanimously carried, it was RESOLVED that, Evelyn Burns Subdivision located approximately 530 feet North of Six Mile Road and approximately 3,250 feet West of Farmington Road in the Southwest 1/4 of Section 9 be tabled. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the petition of Richard L. Novack, M.D. requesting permission to practice medicine at 9924- 28 Farmington Road, Lot 1896, Rosedale Gardens Subdivision, No. 11 located on the East side of Farmington Road approximately 300 feet North of Orangelawn Avenue in the Northwest 1/4 of Section 34. Dr. Novack stated that the land adjacent to this property is C-2 on the North side and on the South side it's R-3. Lot 1896 is the first one in the R-3 District. Mr. Salinas asked if there would be diathermy or X-ray machines. Dr. Novack stated there would be no diathermy but there was a possibility or X-ray. Upon a motion duly made by Mr. Hay, seconded by Mr. Salinas and unanimously carried, it was RESOLVED that, pursuant to a Public Hearing having been held August 17, 1954 the City Planning Commission does hereby grant the petition of Richard L. Novack, M.D. requesting permission to practice medicine at 9924-28 Farmington Road, Lot 1896, Rosedale Gardens Subdivision, No. 11 located on the East side of Farmington Road approximately 300 feet North of Orangelawn Avenue in the Northwest 1/4 of Section 34, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner, City Departments and Waring and Johnson, Planning Consultants as listed in the Proof of Service, The Chairman declared the foregoing resolution adopted. 6 . The secretary announced that the next item on the agenda was the petition of R. B. Barwick, Socony Vacuum Oil Company, Inc. for permission to construct a two bay Mobilgas Service Station on Lots 38a,to 43a inclusive and Lot 57, Grayton Highway Subdivision located on the Northwest corner of Schoolcraft and Farmington Roads in the Southeast 1/4 of Section 21. A petition with 22 names opposed to gas station was presented by the secretary. Mr. Warner was present and stated that there are two stations there now and the people would rather have another type of business. hr. Salinas stated that the gas station across the street from the one approved by the commission located at Middlebelt and Five Mile Roads has been taken over by the company as the lessee couldn't keep it up. There are more desirable businesses than a gas station on every corner. Opposed to the petition:for this reason. Mr. W. D. Gowans was present representing the petitioner. Stated that the matter of the vacated alley in the plans has been corrected so that the drives now use only the one half of the vacated alley that accrues to the corner. Parking space has been provided in accordance with the recommendation of Waring & Johnson. The signs which were originally shown hanging over public property have been turned in in accordance with the ordinance. The matter of the flashing sign has been discussed with the Wayne County Road Commission and their approval of the plans in the safety standpoint specifically says there should be no objection to the sign because it's a flashing sign. The flashing sign would tend to be a warning sign and slow people down. Mr. Harold Bower, 29539 Six Mile Road stated that he is the owner of this corner and that this gas station would be a private enterprise. Mr. Robinson made the following motion: RESOLVED that, petition by R. B. Barwick, Socony-Vacuum Oil Company, Inc. for permission to construct a two bay Mobilgas Service Station on Lots 38a to 43a inclusive and Lot 57, Grayton Highway Subdivision located on the Northwest corner of Schoolcraft and Farmington Roads in the Southeast 1/4 of Section 21 be tabled in order that the commission can investigate similar occurrences in other communities in regard to the number of gas stations in a given area. There was no support to the motion. Mr. Salinas made the following motion: RESOLVED that, petition of R. B. Barwick, Socony-Vacuum Oil Company, Inc for permission to construct a two bay Mobilgas Service Station on Lots 38a to 43a inclusive and Lot 57, Grayton Highway Subdivision located on the Northwest corner of Schoolcraft and Farmington Roads in the South- east 1/4 of Section 21, be denied. There was no support to the motion. Mr. Conway made the following motion: RESOLVED that, petition of R. B. Barwick, Socony-Vacuum Oil Company, Inc. for permission to construct a two bay Mobilgas Service Station on Lots 38a to 43a inclusive and Lot 57, Grayton Highway Subdivision located on the Northwest corner of Schoolcraft and Farmington Roads in the South- 2 Q east 1/4 of Section 21 be granted provided petitioner meets requirements of the Wayne County Road Commission. There was no support to the motion. Mr. Hay stated that at the last meeting it was definitely understood that there would be no flasher on the sign. Mr. Gowan stated that he would withdraw the matter of the flashing sign if the petition is to be held up because of it. Mr. Conway stated that the builders are getting fed up with the commission requesting them to come back to meeting after meeting and the same thing will develop on other matters. Upon a motion duly made by Mr. Salinas and seconded by Mrs. Nielsen, it was RESOLVED that, pursuant to a Public Hearing having been held on August 17, 1954 the City Planning Commission does hereby deny petition of R. B. Barwick, Socony-Vacuum Oil Company, Inc. for permission to construct a two bay Mobilgas Service Station on Lots 38a to 43a inclusive and Lot 57 Grayton Highway Subdivision located on the Northwest corner of Schoolcraft and Farmington Roads in the Southeast 1/4 of Section 21, and FURTHER RESOLVED, notice of the -above hearing was sent to property. owners within 500 feet, petitioner, City Departments and Waring and Johnson, Planning Consultant as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Nielsen, Steinhoff, Hay, Ventura and Salinas NAYS: Conway and Harsha The secretary announced that the next item on the agenda was the submission of final plat of Pearl Wilson Subdivision, No. 2 (Minton Portion) located in the South 1/2 of Section 36. Mr. George Roth stated that the bond has been posted and that there has been no change in the subdivision plat except for the lot numbers. Mr. Ventura asked about the open drain ditch on the property parallel to Grandon Avenue. Mr. Roth stated that it will be paved and there will be a storm sewer. There was a lengthy discussion regarding this ditch. Upon a motion duly made by Mr. Conway, seconded by Mr. Salinas and unanimously carried, it was RESOLVED that, Pearl Wilson Subdivision, No. 2 (Minton Portion) final plat which subdivision is located in the South-1/2 or Section 36 be approved. Tne Uhairman declared the 2oregoing resolution adopted. The secretary read a letter dated August-23, 1954 rrom Mr. Hugh Wood, Jr. Uhier Inspector. 63 Mr. Wood asked the commission to appoint a committee to inform the Building Department what type of signs in different Zoning Districts must come before the commission and whether efficiency apartments should be presented to the Planning Commission. Mr. Salinas asked ii' the efficiency apartments would be considered a motel Mr. Wood stated it would net as they are rented by the month or a lease. Mr. Waring asked if Mr. Wood considered it a multiple dwelling. Mr. Wood stated he would. Mr. Ashmore stated he had a new sign ordinance in the planning which he would present at the next meeting. Mr. Ventura recommended the cull cooperation or the Building Department and that whenever there is a chance or controversy they present the problem to the commission for a nine-man decision. Upona motion duly made by Mrs. Nielsen, seconded by Mr. Robinson and unanimously carried, it was RESOLVED that, when the Building Department feels in their opinion there is doubt or chance of controversy as to jurisdiction of Plann- ing commission before issuance or permit said matter should be presented to the Planning Commission for a decision. The Chairman declared the foregoing resolution adopted. Mr. Ashmore stated that he has checked the Zoning Ordinance and it is his opinion that no subdivision plat be given final approval until it's rezoned to permit the subdivision. if the commission rezone by means of subdivision approval, the right to object to the rezoning is taken out of the hands or the property owners. Mr. Ashmore stated he would give the commission a letter to this effect by Monday. Mr. Robinson questioned Mr. Ashmore about the letter promised regarding top soil which was promised for two weeks ago. Mr. Ashmore stated he has all the information that it just has to be written up. Upon a motion duly made by Mr. Robinson and seconded by Mr. Steinhoff, it was RESOLVED that, the statement presented by Larry Kind in the amount of i32.5U for services June 22, 1954 be delivered to the poper department for payment. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Conway, Nielsen, Steinhoff, Hay, Marsha, Ventura ana Salinas NAYS: None Upon a motion duly made by Mr. Hay and seconded by Mr. Marsha, it was IL: RESOLVED that, statement presented by Mr. Malcolm F. Waring, Waring and Johnson in the amount or '208.83 for the month of duly, 1954 be delivered to the proper department for payment. 4 A roll call vote on the foregoing resolution resulted in the following: 7" AYES: Robinson, Conway, Nielsen, Steinhoff, Hay, Hershel Ventura and Salinas NAYS: None Mr. Ventura recommended that in view of the mounting criticism the commission 3 is subject to and a rew things that have happened that the commission get a new consultant. Mr. Robinson suggested that before the commission dispense with the services of Waring and Johnson that the commission talk to and line Up another con— sultant. Mr. Ventura stated that the commission could get along without a consultant for a while. Mr. Conway stated that Waring and Johnson has been employed by the City of Livonia for four years and that he was not in favor of dropping them witnout notice. Mr. Hay stated tnat 3U days notice is usually given. Upon a motion duly made by Mr. Robinson and seconded by Mr. Conway, it was RESOLVED that, the City Planning Commission no longer retain the firm or Waring and Johnson as consultant thirty days after date of this hearing, and FURTHER RESOLVED, that any and all property belonging to the City and this commission which is in said firms possession be turned over to the Planning Commission. A roll call vote on the foregoing resolution resulted in the following: ' 3 AYES: Conway, Ventura, Nielsen, Steinhoff, Hay, Robinson and Salinas NAYS: Harsha Upon a motion duly made by Mr. Robinson, seconded by Mr. Steinhoff and unanimously carried, it was RESOLVED that, Waring and Johnson, Planting Consultant be paid retainer fee for month of September and that said firm be relieved from attending the next meeting. The Chairman declared the foregoing resolution adopted. Upon a motion duly mane, seconded and unanimously carried, it was RESOLVED that, the 55th Special Meeting be adjourned. At approximately 12:10 a.m. the Chairman de.blared the meeting adjourned. / , tet/ / • R 'ino : -s, Secretary AT TESTED: / 3 --� j Peter A. Ventura, Chairman