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HomeMy WebLinkAboutPLANNING MINUTES 1954-10-05 (85 MINUTES OF THE PUBLIC HEARING AND THE )7TH SPECIAL MEETING OF THE CITY PLANNING COMMISSION A Public Hearing and the 57th Special Meeting of the City Planning Commission were held on Tuesday, October 5, 1954 at the City Hall, Livonia, Michigan. The Public Hearing was called to order by Chairman Peter A. Ventura at approximately 8:04 p.m. Members present: William Robinson Adelaide Nielsen H. Paul Harsha Edwin Conway Kane Steinhoff Peter A. Ventura Robert L. Greene Dallas F. Hay Rufino Salinas Members absent: None The following were present together with approximately 40 people attending the Public Hearing and the Special Meeting. Herald Hamill, Engineer A. Ward McCain, Livonia School Board President Eino Michaelson, Asst. Supt. - Livonia School District The secretary read Petition No. Z-61 by Henry S. Alper asking that the zoning classification of proposed Devonshire Park Subdivision located in the Northwest 1/4 of Section 35 situated between Plymouth Road and West Chicago Road immediately West of Henry Rufr Road be changed from M-1 to R-1-B. Mr. Henry Alper was present. No one was present objecting to the petition. Upon a motion duly made by Mr. Hay, seconded by Mr. Greene and unanimously carrie4, it was RESOLVED that, pursuant to a Public Hearing having been held on Petition No. 1-61 as submitted by Henry S. Alper for a change of zoning in the Northwest 1/4 of Section 35 from M-1 to R-1-B the City Planning Commission does hereby recommend to the City Council that Petition No. Z-61 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of September 16, 1954 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The Con- sumers Power Co., City Departments and petitioner as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. Mr. H. E. Hawthorne, 30351 Plymouth Road was present and stated that he owns property on the West boundary line of Henry Ruff Roaa and wishes to know whether or not Henry Ruff Will be cut through. The commission showed Mr. Hawthorne a copy of the proposed Devonshire Park Subdivision. The secretary announced that the next item on the agenda was the proposed Rosedale Meadows Subdivision, No. 2 located on the Northwest corner of Joy Road and Merriman Road in the Southeast 1/4 of Section 34. The secretary read the following letters: (a) dated September 10, 1954 from T. G. Biehl of Hubbell, Roth & Clark Inc.;� (b) dated September 20, 1954 from Hugh J. .� Wood, Jr., Chief Inspector and (c) dated October 1, 1954 from Chief Calvin Cr") Roberts, Livonia Fire Department. Z" Mr. Russell Ashmore, City Attorney arrived at approximately 8:15 p.m. messrs. William Ponder, Attorney and T. G. Biehl were present. Mr. Ashmore stated that an invalid Notice of Public Hearing was sent and published as it states that the owner is Hubbell, Roth & Clark, Inc. whereas they are the Consulting Engineers to the Warren Company who is the owner. Mr. Harsha stated that the Plat Committee did not receive a copy of this proposed plat and area plan. Mr. Ventura stated he would like to see a complete area plan and plan showing proposed water and sewage plan. Lots fronting on Nevada which are siding on Wyoming as shown on proposed plat. Recommended that subdivider meet with Livonia Fire Department regarding fire hydrants and their location and size of mains. Cul-de-sacs have been objected to by City Council and there is one shown in proposed plat. Mr. Robinson stated that the commission has discussed this cul-de-sac in the past and it was agreed that it was alright as it is short. Mr. Marsha stated that it conforms with full width and that the State Law states that front lot lines should be 50 feet. Mr. Michaelson stated that there will be adequate facilities to take care of the entire South half of Section 34. 3 Mr. Biehl stated that the improvements would go in this year and the buildings no doubt in the spring or summer. Mr. Harsha stated that the triangular lot on Wyoming does not have size shown. Mr. Ventura stated that he objected to the street names as shown on proposed plat. Mr. Robinson stated there should be another Public Hearing as the name of the owner was incorrectly stated in the Notice of Public Hearing. No one was present opposed to the proposed plat. Mr. Robinson stated that Columbia and Hubbard are separated by a park but are named differectly. Mr. Ventura read Section 4.02 (m) of the Subdivision Rules and Regulations. Mr. Hay read Section 3.03 of the Subdivision Rules and Regulations in which it states that a list of the changes necessary to render the plan acceptable will be made known to the subdivider. Mr. Ventura read Section 4.81 of the Subdivision Rules and Regulations and stated that the subdivider should be aware of required information. Upon a motion duly made by Mr. narsha, seconded by Mr. Steinhoff and unanimously carried, it was Tom. • RESOLVED that, proposed Rosedale Meadows Subdivision, No. 2 located on the Northwest corner of Joy and Merriman Roads in the Southeast 1/4 of Section 34 be tabled until such time as the proper and acceptable plat is submitted with the added information as required. I[: The Chairman declared the foregoing resolution adopted. The secretary read the petition dated September 16, 1954 by W. W. Bleakley Shelden Land Company — Top Soil Application (p) asking for a permit to re— move top soil from Parcel Flalala2 located between Van Court and Orangelawn and Farmington and Woodring in the Northwest 1/4 of Section 34. The secretary stated that the application had been approved by the D.P.W. and the Police Department. Mr. Clarence Hoffman was present representing the petitioner. Mr. Robinson, Top Soil Committee stated that the land does not appear to be below grade. r'r. Steinhoff stated that land is below existing street. Mr. Hoffman stated that area is zoned commercial. Property Xs 4)0 x 500, close to five acres. Intent of Shelden Land Company is to have fenced in play area for public. No one was present objecting to the petition. Mr. Greene stated that commission should not let the worthiness of project lead us astray. If commission approves petition what is to prevent another concern from coming before commission with the same intent to establish recreational area and then after obtaining approval to remove top soil, sell the ]and. Mr. Hay stated that the petition should be granted on condition that area be used as stated in letter from Mr. W. W. Bleakley. Mr. Salinas stated that commission has no right to make such a demand. Mr. Hoffman stated Shelden Land Company did not intend to sell land because of the investment thus far. Upon a motion duly made by Mr. Hay and seconded by Mr. Conway, it was RESOLVED that, pursuant to a Public Hearing having been held the City Planning commission does hereby grant the application of W. W. Bleakley, Shelden Land Company (p) for permisstion to remove top soil from Parcel Flalala2 located between Van Court and Orangelawn and .Farmington and Woodring in the Northwest 1/4 of Section 34 on conditition area be used as stated in letter dated September 16, 1954 from W. W. Bleakley, and FURTHER RESOLVED, that a performance bond be fixed on the above application at $2,000 and it is recommended to the Bureau of Inspection that a permit to this effect be issued, and FURTHER RESOLVED, notice of the above hearing was sent to pro— perty owners within 500 feet, petitioner and City Departments as listed in the Proof of Service and recommendation having been 851 obtained from tne Department of Public Works under date of October 4, 1954 and from the Police Department under date of October 4, 1954. A roll call vote on the foregoing resolution resulted in the foliating: AYES: Robineon, Conway, Nielsen, Hay and Salinas NAYS: Greene, Steinhoff aria Ventura NOT VOTING: Harsha Mr. Harsha stated that he would not vote until ne knew what the level is. The secretary announced that the next item on the agenda was the petition of J. J. Burman, Service Sign Company for permission to erect a roof sign ex- tending approximately 40 feet above the roof of Bill Brown, Inc. building now under construction at 32222 Plymouth Roaa and having an area of approxi- mately 545 square feet on Parcel F3b located on the Northeast corner of Plymouth Road and Hubbard Roaa in the Southeast 1/4 of Section 27. Mr. Burman stated tnat he wished to amend petition to read a ground sign 26 X 16 similar to that constructed at Mohawk Lumber Company instead of the roof sign. Mr. Burman presented plan of proposed sign. Mr. Ventura asked how close the sign would be to the road. Mr. Burman stated it would be even with the building. Mr. Ventura recommended that the petition be tabled in order to give petitioner Opportunity to present plot plan. Upon a motion duly mane by Mr. Robinson, seconded by Mr. Steinhoff and unanimously carried, it was RESOLVED that, petition by J. J. Burman, Service Sign Company as amended asking permission to erect ground sign similar to that con- structed by Mohawk Lumber Company on Parcel F3b located 32222 Plymouth Road and situated on the Northeast corner of Plymouth Road and Hubbard Road in the Southeast 1/4 of Section 27 be tabled until October 19,' 1954. in order to give petitioner opportunity to present plot plan showing the location of the sign in relation to the lot. The Cnairman declared the foregoing resolution adopted. The secretary read Petition No. Z-62 by Dwight and Margaret Morris asking that the zoning classification of Parcels F3 and F4 located on the Southeast corner of Ann Arbor Trail and Ann Arbor Road in the Northeast 1/4 of Section 31 be changed from RUFB to C-2. Secretary- also read tne following: (a) Petition with approximately 30 names having no objection to rezoning; (b) Letter dated September 28, 1954 from the Livonia Fire Department and (c) Letter dated September 24, 1954 from Mrs. George Reynolds. Mr. George Reynolds was present and stated the questioned the validity of signatures on petition. Stated it should be established that they are home owners. Mr. Cooper, 38116 Minton stated that iw as his impression that property to be rezoned is presently zoned C 1 instead of RUFB. Agreed to property where rrq gas station is located being C-1 but not the adjacent 100 feet as requested in petition. Objected to C-2 classification. Stated he represented two other families not present but it necessary could obtain approximately 75 signatures opposed to C-2 change within two weeks. Mrs. Louis Jennings, 9355 Butwell stated that corner is dangerous now and that a C-2 District would increase danger. Mr. Morris stated that in February he signed a Valid Non-Conforming Use Application and that he is now asking for C-2 change for garage purposes. Mr. Morris agreed to C-1 classification for area where gas station is located -but would also like 100 feet included if this would allow nim to have garage. Stated it was his intent to sell gas station. Upon a motion duly made by Mr. Hay, seconded by Mr. Steinhoff ana unanimously carried, it was RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-62 as submitted by Dwight and Margaret Morris for a change of -zoning in the Northeast 1/4 ox Section 31 from RUFB to C-2 the City Planning Commission does hereby recommend to the City Council that Petition No. Z-62 be denied, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of September 16, 1954 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers Power Co. City Departments and petitioner as listed in the Proof of Service. EThe Chairman declared the foregoing resolution adopted. The Chairman called a recess at approximately 9:55 p.m. The Chairman called the meeting to order at approximately 10:10 p.m. The secretary read Petition No. Z-63 by Joseph and Metha Buckhave asking that the zoning classification of Parcel B2clb located on the East side of Midale- belt Road approximately 300 feet South of Seven Mile Road in the Northwest 1/4 of Section 12 be changed from RUFB to C-2. The North 62 feet of Parcel B2clb is presently zoned 0-2. The secretary react the letter dated September 28, 1954 from Chief Calvin Roberts, Livonia Fire Department. Mr. Buckhave stated that the property has 150 feet on Middlebelt and 104 feet deep and is 50 feet South of fire station which is same depth. Would like at a future date to obtain permit to obtain permit to operate restaurant. No one was present opposed to petition. Upon a motion duly made by Mr. Conway, seconded by Mr. Harsha ana unanimously carried, it was • RESOLVED that, pursuant to a Public Hearing having been hely on Petition No. Z-63 as submitted by Joseph and Metria Buckhave for a cnange of ILzoning in the Northwest 1/4 of Section 12 from RUFB to C-2 the City Planning Commission does hereby recommend to the City Council that Petition No. Z-63 be granted, ana 0 FURTHER RESOLVED, notice or the above hearing was published in the official newspaper, The Livonian, under date of September 16, 1954 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers Power Co., City Departments and petitioner as listed in the Proor or Service. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Hay, seconded by lir. Robinson and unanimously carried, it was RESOLVED that, the Public Hearing be adjourned until October 19, 1954. The Chairman declared the foregoing resolution adopted and called the 57th Special Meeting to order. The secretary announcea that the first item on the agenda was the submission of final plat of Devonshire Park Subdivision. The secretary read the letter dated September 14, 1954 aadressea to Mrs. Marie W. Clark, City Clerk from Mr. Russell Asnmore, City Attorney regarding the approval of the bond. Mr. Alper stated that no changes have been made on the final plat. Offered to donate property large as residential lot directly East of proposed Sub- division for Tot Lot purposes if the City of Livonia so wished providing the City of Livonia will maintain same. The exact location of the proposed Tot Lot was discussed at length. Mr. Ventura requested the offer of Mr. Alper be put in writing and the exact location given. Upon a motion duly mace by Mr. Salinas, seconded by Mr. Conway and unanimously carries, it was RESOLVED THAT, final or reoora plat or Devonshire Park Subdivision located North of West Chicago Blvd. ana West of Henry Ruff Road in the North west 1/4 or Section 35 be approved and that the Building Department be notified that permits may now be issues. The Cnairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the submission or final plat of River Bend Subdivision and River Bend Subdivision, No. 2. The secretary read letter dated September 17, 1954 from Harold M. Luviscn. Mr. Luvishh was present and presented canvas back plats of River Bend Sub- division. Mr. Luvisch stated that the City Council has approved bond on subdivision and that ne is tieing into sewer at Farmington Road. Stated that he has reduced number of lots from 104 to 100. Changed four lots into three lots these be- ing numbered 38, 39 ana 40. The City Council has approved River Bend Sub- division but has not returned to Council with revised River Bend Subdivision, No. 2. Land is presently zones RUF. Mr. hay stated tnat in other cases commission has not given final approval on plat when zoning is not as it should be. ZYJI Mr. Ashmore read a letter dated October 5, 1954 addressed to the City Planning Commission from himself (letter not given to commission) regarding procedure for submission and approval of subdivision plats. Mr. Luviscn stated that ne is in the process of putting in the improvements. Mr. Ashmore stated that Mr. Luvisch has startea work therefore he should not be made a victim of the new procedure. Sewer is 99% finished. Mr. Hay maae the following motion and then after reconsideration withdrew motion: RESOLVED that, River Bend Subdivision, and River Bend Subaivision, No. 2 final or recora plat be tabled in oraer to give subdivider opportunity to submit petition for change of zoning. Mr. Ashmore stated that this is a question of degree. If area was to be changed from M-1 to R-1 final approval should not be given until after petition for change of zoning has been approves but seeing it is to be changed from RUFB to R-1 the final plat should be approved. Offered to write letter cover- ing commission if they decide to approve final plat at this time. 4s stated in the Zoning Ordinance, No. OU residential homes are not permitted in a M-1 District whereas they are permitted in a RUF District. Mr. Ventura stated that the commission snould be consistent and that Mr. Luvisch should come in for change of zoning before approval or final or record plat is given. Mr. Harsha stated that seeing City Council has already taken action on pro- posed subdivision he would make the following motion: Upon a motion duly made by Mr. Harsha and seconded by Mr. Conway, it was RESOLVED tnat, final or record plat of River Bend Subdivision, No. 1 located in the Southeast 1/4 of Section 33 be approvea witn the pro- vision that the City Attorney write a letter covering the commission in regara to the zoning not having been changed prior to approval. A roil call vote on the foregoing resolution resulted in the following: AYES: Robinson, Conway, Greene, harsha, Nielsen and Salinas NAYS: Steinhoff, Hay and Ventura The secretary announced that the next item on the agenda was submission of final plat of Pearl Wilson Subdivision, No. 3. The secretary read letters dated October 5, 1954 addressee To Whom It May Concern from David Lewis and letter dated October 5, 1954 addressed to the Planning Commission from Dr. Cole S. Brembeck, Supt. of Livonia Public Schools, Messrs. George Roth and George Lewis were present. Mr. Roth stated tnat the bona has been posted. Mr. A. Ward McCain stated that the Wilson School will not be aaaquate for pro- posed homes in subdivision; therefore the School District has made request of additional land. Intend to have four cottage schools with play area in the middle. lir. Roth stated that only if the Livonia Public Schools decide not to put ;r school buildings on lots the lots will revert back to subdivider. Stated 150 homes approximately are built. Upon a motion duly mace by Mr. Salinas, seconded by Mr. Conway and unanimously carried, it was RESOLVED that, final or record plat of Pearl Wilson Subdivision, No. 3 (Westfield Portion) located in the South 1/2 of Section 36 be approved and that the Building Department be notified that permits may now be issued. The Chairman declared the foregoing resolution adopted. The secretary read letter datea September 29, 1H54 from Mr. Hugh Wood, Jr. Chief Inspector regarding the release of performance bond for removal of stock pile of top soil, Application (b), George Cummins. It was concluded that the Top Soil Committee should investigate the removal of stock pile and submit a written recommendation to the commission. The Chairman appointed the following committees to attend the City Council meetings. October 15 - November 15 November 15 - December 15 William Robinson Adelaide Nielsen Robert L. Greene Edwin Conway Karle Steinhoff Dallas F. Hay December 15 - January 15 Rufino Salinas H. Paul Harsha Peter A. Ventura Upon a motion duly made by Mr. Hay and seconded by Mr. Conway, it was RESOLVED that, request of secretary to purchase No. 8445 Art Metal File Cabinet from Marsh Office Supply, Inc. for *96 less 10% be granted. A roll call vote on the foregoing resolution resulted in the following: AYES: Steinhoff, Robinson, Conway, Nielsen, Greene, Hay, "arsha, Ventura and Salinas NAYS: None _ Mr. Greene suggested that commission appoint committee to consult with someone who can evaluate qualifications of available consultants and present findings to commission. The Chairman appointed himself and the following to act as a committee as suggested by Mr. Greene. 011 $ufino Salinas Robert L. Greene H. Paul Marsha Mr. Robinson made the following motion: RESOLVED that, the City Planning Commission procure another attorney as in the commission's opinion Mr. Russell Ashmore's legal advise has not been satisfactory. There was no support to the motion; therefore a roll call vote was not taken. Mr. Salinas suggested that the commission not discuss this matter in the presence of Mr. Ashmore. Mr. Ashmore stated that he had been to court regarding the top soil application of Mr. Mancuso, Westfield Topsoil & Sana Company and that before leaving he would like to make nis report. Mr. Ashmore stated that Judge Lila Neunfeldt does not want any information from the Planning Commission and that she wants a letter from the City Council Suggested that commission recommend to City Council what commission thinks should be done with dirt. Judge Neunfeldt wants a letter from the City Council as to what these things are that must be done to comply. It the decision is to remain as the Planning Commission has previously decided the case would come up as soon as it can be arranged. Judge Neunfeldt feels that the City of Livonia is being arbitary in refusing to grant application. Looked at top soil herself. I[: Permit should be given unless City of Livonia can give reasons why it should not. Mr. Ventura stated ne would stand for no compromise. Mr. Ashmore stated that Judge Neunfeldt issued an order in which she asked that City Council write a letter to her stating requirements necessary for petitioner to remove this dirt. The City Council would no doubt appreciate commission's advice seeing the matter has crane before the commissionseveral times. Mr. Ventura wanted to know what the City Council has to do with the removal of top soil. Mr. Ashmore stated that this was the Judge's order; the City Council is the governing Body therefore the letter should come from them. Told Judge that the City of Livonia would fight to the Supreme Court. Mr. Ashmore left the meeting 8t approximately 11:45 p.m. Mr. Hay referred to the City Council's resolution No. lbbl adopted at a meet- ing of the City Council August 9, 1954 advising all City Departments not to accept any opinions from City Attorney Russell Ashmore unless they were in writing. There was a lengtny discussion regarding the advisability of asking City Council for another legal advisor. Upon a motion duly made by Mr. Robinson and seconded by Mr. Conway, it was aJ RESOLVED that, the City Planning Commission request the City Council to appoint a new legal advisor as the following information has been ="1 asked for or offered by Mr. Ashmore, none of which has been received up-to-date: Item promised or requested Date of Meeting; (1) Offered to obtain Dearborn Zoning Orainance on top soil April 13, 1954 (2) Requested zoning ordinance amendment forbidding removal of topsoil June 15, 1954 (3) Mr. Ashmore offeree to write opinion regarding Mr. Harshats question nwhether the property was zoned first or the abstract came first" (Mrs. Ellis- Drive-In Restaurant) August 17, 1954 (4) Referred letters dated May l3, 1954 addressee to George Bentley from William Brashear and dated January 1, 1952 addressee to City Council from William Brashear regarding subdivision procedure for Mr. Ashmore's interpretation June 22, 1954 (5) Mr. Ashmore offered to submit new sign ordinance (in planning stage) at the next meeting August 31, 1954 (6) Mr. Ashmore offered to put Wayne's Topsoil Ordinance into form for Livonia and submit to Chairman of commission . August 17, 1954 A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Conway, Greene, Steinhoff, Nielsen, Hay, Ventura and Salinas NAYS: None NOT VOTING: Harsha Upon a motion duly mane by Mr. Conway, seconded by Mr. Greene and unanimously carried, it was RESOLVED that, the Public Hearing and the Regular Meeting be adjourned. At approximately 12:1b a.m. the Chairman declared the meeting adjourned. H- ino .alinas, Secretary ATTESTED: "--Z7 - Peter A. Ventura, Chairman