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HomeMy WebLinkAboutPLANNING MINUTES 1955-01-11 MINUTES OF THE 61ST SPECIAL MEETING OF THE CITY PLANNING COMMISSION The 61st Special Meeting of the City Planning Commission was held on Tuesday January 11, 1955 at the City Hall, Livonia, Michigan/ The Special Meeting was called to order by Chairman Peter A. Ventura at approximately 8:06 p.m. Mr. H. Paul Harsha presided as secretary in the absence of Mr. Rufino Salinas. Members present: William Robinson Karle Steinhoff H. Paul Harsha Edwin Conway Dallas F. Hay Peter A. Ventura Adelaide Nielsen Members absent: *Robert L. Greene Rufino Salinas Lieutenant Bob Perry, Livonia Fire Department was present together with approximately ten people attending the 61st Special Meeting. The secretary read letter dated December 31, 1954 from H. B. Gross, Service Sign Company regarding petition submitted by J. J. Burman, Service Sign Company for permission to erect a ground sign on Parcel F3b located 32222 Plymouth Road and situated on the Northeast corner of Plymouth and Hubbard Roads in the Southeast 1/4 of Section 27. The secretary also read letter dated November 9, 1954 from Calvin Roberts, Chief Livonia Fire Department. Mr. Gilbert Brown, Vice President Bill Brown, Inc. was present representing Mr. Gross as he was out of town. Lieutenant Perry stated that the reason the Fire Department wrote the letter dated November 9, 1954 was that this petition was filed shortly after the fire at Edgewater Park Dance Hall where lightning hit sign and caused the death of two people. In view of what happened there and that it also could happen in this community, some stipulation should be made that the sign would be grouni ed. Mr. Ventura stated that that should be part of the sign ordinance or Electrical Code. The approval of the commission should be only on location of sign and whether sign would be eye-sore. Mr. Hay asked if there was a report from Messrs. Harsha and Conway. Mr. Con- way stated that they had had an appointment with Mr. Burman but that this appointment was not kept. Mr. Burman was also going to obtain sign ordinances from other communities for commission's inspection. Mr. Conway stated he had not received these ordinances. Mr. Hay stated sign would protrude over public property. Mr. Ventura stated that in the past the commission has been very careful to see that signs would not protrude over public property and that commission should not make an exception in this case. If it would infringe on public property approval would have to be obtained from commission having jurisdiction over such highway. Mr. Brown stated he is willing tolieep sign inside building line if it is the desire of the commission. Stated to his knowledge the building line is 182 not the property line as shown on plans submitted by Mr. Gross. Mr. Ventura read portions of Michigan Law Controlling erection of signs on or along highway, Act 108, Public Acts of 1925, as amended by Act 136 of Public Acts of 1935. Mr. Conway asked whether the sign could be moved back. Mr. Brown stated he would have to check how much area there is between building line and property line. Mr. Ventura stated each time petition has been tabled the commission has asked for exact plot plan showing location of sign to building line and which plot plan is not clear now. Mr. Harsha read portion of Section 10.02 (g), Zoning Ordinance, No. 60 regard- ing signs. Mr. Brown asked if he was correct that the 60' is from center of Plymouth Road and that 15" is allowed to protrude over. The commission appeared to agree that it would be permissible with this commission if it is cleared with State Highway Commission. Mr. Ventura stated he did not believe the State Highway Commission has been enforcing State Law in the past. Stated commission could approve sign with the stipulation that it not extend over public property. Mr. Harsha stated commission could approve 15" projection according to Zoning Ordinance. No one was present opposed to this petition. Mr. Robinson stated he would like clarification as to whether the building is on the property line. Mr. Hay stated that this question came up before and it was clear that building is on property line. Upon a motion duly made by Mr. Conway, seconded by Mr. Steinhoff and unanimously carried, it was #1-1-55 RESOLVED that, pursuant to a Public Hearing having been held on October 5, 1954 the City Planning Commission does hereby grant the petition by Messrs. J. J. Burman and H. B. Gross, Service Sign Company for permission to erect a ground sign on Parcel F3b located 32222 Plymouth Road and situated on the Northeast corner of Plymouth and Hubbard Roads in the South- east 1/4 of Section 27 provided that the sign or any part of sign not extend over 15 inches beyond the building line, and FURTHER RESOLVED, notice of the above hearing was seat to property owners within 500 feet, petitioner and City Depart- ments as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The Chairman appointed the following committees to attend the City Council meetings after January 15, 1955: g9 January 15 - February 15, 1955 February 15 - March 15, 1955 William Robinson Edwin Conway Robert L. Greene Peter A. Ventura Karle Steinhoff Dallas F. Hay March 15 - April 15 H. Paul Harsha Rufino Salinas Adelaide Nielsen The secretary read the notice to all employees regarding the annual meeting of the Livonia Employees Credit Union to be held Thursday, January 13, 1955 at 8:00 p.m. at the Fire Station No. 2 located on Farmington Road South of Plymouth Road. Lieutenant Bob Perry gave a brief summary of the credit union and what is required in order to join. The secretary read letter dated 'January 3, 1955 from Dr. Waldemar E. Gizynski regarding his petition No. Z-64 asking that the zoning classification of Lot 1, B. E. Taylor's Greenmoor Subdivision located in the Northwest 1/4 of Section 24 and situated on the Southwest corner of Five Mile and Harii son Avenue be changed from RUFB to C-1. Dr. Gizynski was not present. Upon a motion duly made by Mr. Robinson, seconded by Mr. Conway and unanimously carried, it was #1-2-55 RESOLVED that, pursuant to a Public Hearing having been held on November 9, 1954 on Petition No. Z-64 as submitted by Dr. Waldemar E. Gizynski, et al for a change of zoning in the Northwest 1/4 of Section 24 from RUFB to C-1 the City Planning Commission does hereby recommend to the City Council that Dr. Gizynski's request dated January 3, 1955 that this petition be withdrawn be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of October 21, 1954 and notice of which hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Tele- phone Company, The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary read letter dated January 6, 1955 from Dyer C. Baird requesting approval of final plat of Bell Creek Farms Subdivision, No. 2. Messrs. Dyer C. Baird and Robert J. Eoff were present. Mr. Ventura read from Subdivision Rules and Regulations where approval of plat becomes null and void after one year if an extension of time is not requested and granted. Maintained extension of time should come before year is up although commission granted extension of six months December 28, 1954. Stated Messrs. Eoff and Baird tried to by-pass this commission by going to the NVIwy' City Council December 17, 1954. The City Council at that time referred them back to this commission. Stated in the resolution adopted by City Council September 8, 1952 the subdivision plat was tentatively approved on condition that prior to final approval such plat be approved by Planning Commission. Mr. Baird stated that they did not go to City Council and that this commission has letter from Herald Hamill which they asked him to furnish. Stated they did not direct Mr. Hamill to send letter to a particular department and that he directed letter to Mayor Hartom who in turn directed it to the City Council. Stated they never attempted to by-pass this commission and that they did not direct anything to the City Council. Mr. Ventura read portions of Act 172, Public Acts of 1929, as amended regarding the definition of "subdivider (page 26) Section 2 which stated that the word "subdivider when used in this act, shall mean the partitioning or dividing of a lot, tract or parcel of land into 10 or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or occupancy for residential purposes or development and (page 43) Section 77a which stated any person, firm or corporation who shall hereafter sell or offer for sale any lot, piece or parcel of land subdivided as in this act provided, without first having recorded a plat thereof in compliance with tme provisions of this act, shall forfeit and pay the sum of $50 for each lot, part or parcel so sold or offered for sale, in addition to all other penalties or forfeitures herein provided. Mr. Ventura stated Mr. Eoff has sold several lots which the commission has a list ofn to names of the present owners. Recommended to commission that this plaabe given final approval until the commission has an opinion from City Attorney. *Mr. Dallas F. Hay left meeting at approximately 8:55 p.m. *Mr. Robert L. Greene arrived at meeting at approximately 8:55 p.m. Mr. Baird stated that he would like to call to the attention of the commission the contents of his letter dated November 22, 1954. Stated that all the improvements are in and that Mr. Hamill has approved plat in its entirety. There has been no material change in plat since tentative approval January, 1953; therefore this plat should be approved because it is exactly the same. Mr. Ventuara said he would like to have opinion from City Attorney on plat not having been recorded. Mr. Baird asked what they could do to get this plat approved. Upon a motion duly made by- Mr. Robinson and seconded by Mr. Conway, it was #1-3-55 RESOLVED that, approval of final plat of Bell Creek Farms Subdivision, No. 2 located in the Northwest 1/4 of Section 15 be tabled until such time as the commission is able to obtain a legal opinion from the City Attorney on whether or not Section 77a of Act 172 Public Acts of 1929, as amended has been or is being violated. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Steinhoff, Conway, Nielsen, Ventura and Salinas NAYS: None NOT VOTING: Greene The secretary read letter dated January 5, 1955 referring Petition No. Z-87 as submitted by Joseph F. Slavik, Rouge Building Company for the commission's consideration and recommendation. Messrs. William Nern, Attorney, Municipal Building, Oak Park and Joseph Slavik were present. Mr. Ventura stated that this petition is being discussed because the petition involves a large piece of land requiring several changes in zoning. Gave the present zoning in area and the required change. Stated that when petition was filed there was a little confusion as to legal description. Suggested to Mr. Nern that he come before commission to discuss petition and see what commission feels should be done so that commission can have correct description. _ Mr. Nern stated that on the zoning map the districts are shown from the center of the road and that at the time the petition was being prepared he contacted the City Attorney who suggested it would be best to indicate parcels from the center of the road. _ Mr. Ventura stated the parcels involved extend approximately 1,900 feet West of Inkster Road and that if this petition is granted the zoning in this section will be cut up. Mr. Nern stated the purpose of changing the zoning is to concerntrate business on the one corner and that strip zoning only causes traffic congestion. Mrs. Nielsen asked that petition be read. Mr. Harsha read portion of petition. Mr. Ventura asked whether for publication purposes it would be necessary to print the entire petition or whether the commission clearly understands it. Stated he and Mr. Salinas discussed the possibility of having a sketch made showing the proposed change. Stated the other question to be discussed is whether this commission would go along with this petition as submitted. Mr. Robinson asked whether it would be wise to rezone area to C-1 instead of C-2. Mr. Greene stated that who ever developes to the West might not follow this pattern and use strip zoning. Asked whether this would cause complications. inasmuch as there would be residences on Schoolcraft abutting C-2 District. Mr. Slavik stated there is a ranch home on the piece which would be left C-2. Mr. Robinson stated he did not feel adjoining property owners to the West should be burdened with expense of greenbelt and that subdivider should put greenbelt in. Mr. Slivik stated Mr. Rutenbar stated he would rezone to R-1. Mr. Robinson stated it would be best not to leave this piece C-2 because of the uses permitted in such a zone -- example: Carnivals, dry cleaning plants, etc. Mr. Ventura stated these uses would have to have the approval of this commission. Mr. Harsha noted there was a dead end street shown on the plat leading into the property to the West and that he did not think this commission would let them develop four lots on this street because fire equipment would not be able ; to reach homes. Mr. Slavik suggested temporary cul—de—sac until street is cut through. Mr. Robinson stated the Fire Department frowns on cul—de—sacs as long as shown on this plat. Mr. Slavik statedthis was a .hardship case because somewhere the records state Lyndon must continue South which leaves large trangular piece of land which can only be handled this way. Mr. Greene asked about school site in this area. Mr. Slavik said he had met with Mr. Michaelson this afternoon to discuss this problem. Mr. Ventura stated that the Harrison School is located near here. Mr. Robinson suggested letters from the proper authorities stating disposition and adequacy of storm and sanitary sewers. Mr. Ventura suggested size of main and location of hydrants be shown on plats. Upon a motion duly made by Mrs. Nielsen, seconded by Mr. Harsha and unanimously carried, it was #1-4-55 RESOLVED that, this meeting be adjourned. At approximately 9:45 p.m. Chairman Peter A. Ventura called the meeting adjourned. 3 X0'`9`1 H. Paul Harsha Acting Secretary ATTESTED: E-2 Peter A. Ventura, Chairman