HomeMy WebLinkAboutPLANNING MINUTES 1955-06-21 ettl
MINUTES OF A PUBLIC HEARING
OF THE CITY PLANNING COMMISSION
On June 21, 1955 theabove hearing was held by the City Planning Commission
at the City Hall, 33001 Five Mile Road, Livonia, Michigan. Chairman Peter A.
Ventura called the public hearing to order at approximately 8:01 p.m.
Members present: William Robinson Karle Steinhoff H. Paul Harsha
Edwin Conway Daniel Lepo Peter A. Ventura
Robert L. Greene Dallas F. Hay Rufino Salinas
Members absent: None
Lieutenant Bob Perry, Fire Department was present together with approximately
25 people attending the Public Hearing.
The secretary announced that the first item on the agenda was Petition No. Z-111
initiated bythe City Planning Commission on its own motion on the question
whether or not the zoning classification of Lots 6 through 10 and Lots 25
through 30, E. G. Settle Realty Company's Bonaparte Gardens Subdivision located
on the West side of Middlebelt Road North of Dover Avenue in the Southeast 1/4
of Section 35 be changed from RUFB to C-1. The secretary read letters dated
May 25, 1955 from City Clerk, dated May 31, 1955 from Calvin Roberts, Chief
Livonia Fire Department and dated June 21, 1955 from Mrs. Walter H. Raven.
Mr. Russell Ashmore, City Attorney arrived at meeting at approximately 8:06 p.m.
Mr. Felix Wichowski, 8840 Cloverlawn, Detroit 4 (Owner of Lots 25 through 30)
stated he approved of this petition.
Mr. Jerome Ziegler, 9071 Beatrice stated there is some confusion on original
petition (Petition No. Z-101) and that it was not the intent that petition
include Lots 73, 74,-80 and 81 on Fremont Avenue.
It was ascertained by the Commission that under the old Zoning Ordinance the
lots on the west side of Middlebelt Road were zoned C-1.
Mr. Lepo asked the number of homes located on the East side of Fremont Avenue
South of the vacated.Cathedral Avenue. The Commission could not ascertain
the exact number of existing homes but it was thought there were two or three.
Mr. Ventura stated that because of the traffic on Middlebelt Road it was
suggested that lots on Fremont also be zoned C-i to provide parking and that
curb and service drive be installed. Asked Mr. Ziegler if in his opinion
there would be any objection to rezoning the rear lots (Lots 64 through 89)
to C-1.
Mr. Robinson stated that Planning Consultant is thinking of the over-all plan
Stated consultants have had experience in areas that have grown and have seen
result of inadequate parking.
Mr. Ziegler stated he believed there would be objection to rezoning Lots 64
through 89. Stated other business establishments on Middlebelt Road have
bought additional side lots to provide parking.
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The secretary read letter dated June 12, 1955 from Mary H. Pulice, Correspond-
ing Secretary, Bonaparte Gardens Association.
Mr. Harsha stated that if Lots 64 through 89 are rezoned to C-1 there is the
possibility of these lots not being used for parking but for business
establishments.
Upon a motion duly made by Mr. Hay and seconded by Mr. Robinson, it was
#6-204-55 RESOLVED that, the City Planning Commission at this time on
its own motion hereby provides for a Public Hearing to be
held July 19, 1955 to rezone Lots 64 through 89, E. G. Settle
Realty Company's Bonaparte Gardens Subdivision located on the
East side of Fremont Avenue South of the vacated Cathedral
Avenue in the Southeast 1/4 of Section 35 from RUFB to P to
provide adequate off-street parking for Lots 1 to 52 located
on the West side of Middlebelt Road and that notice of said
hearing be mailed to the owners of these lots by registered
mail return receipt.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Robinson, Conway, Greene, Lepo, Steinhoff, Hay, Harsha
and Ventura
NAYS: Salinas
Mr. Ziegler stated all they are asking is that the lots along Middlebelt Road
be changed to zoning classification before adoption of Zoning Ordinance, No. 60.
Upon a motion duly made by Mr. Robinson, seconded by Mr. Hay and unanimously
carried, it was
#6-205-55 RESOLVED that, the City Planning Commission depart from the
regular order of business in order to take action on Item
No. 4 as it appears on the agenda.
The Chairman declared the foregoing resolution adopted.
Upon anntion duly made by Mr. Robinson, seconded by Mr. Greene and unanimously
carried, it was
#6-206-55 RESOLVED that, Petition No. Z-101 by Jerome Ziegler, President '
Bonaparte Gardens Civic Association, et al asking that the
zoning classification of Lots 1 through 5, 11 through 24, 31
through 45, 53 through 55, 73, 74, 80 and 81, E. G. Settle
Realty Company's Bonaparte Gardens Subdivision located on the
West side of Middlebelt Road between Joy Road and the'acated
Cathedral Avenue in the Southeast 1/4 of Section 35 be changed
from RUFB to C-1 be tabled until July 19, 1955.
The Chairman declared the foregoing resolution adopted.
Upon a motion duly made by Mr. Hay, seconded by Mr. Robinson and unanimously
carried, it was :11
be;
#6-207-55 RESOLVED that, Petition No. Z-111 initiated by the City Planning
Commission on its own motion on the question whether or not the
zoning classification of Lots 6 through 10 and Lots 25 through
30, E. G. Settle Realty Company's Bonaparte Gardens Subdivision
located on the West side of Middlebelt Road North of Dover Avenue
in the Southeast 1/4 of Section 35 be changed from RUFB to C-1
be tabled until July 19, 1955.
The Chairman declared the foregoing resolution adopted.
Upon a motion duly made by Mr. Conway, seconded by Mr. Robinson and
unanimously carried, it was
#6-208-55 RESOLVED that, City Planning Commission return to regular
order of business
The Chairman declared the foregoing resolution adopted.
The secretary announced that the next item on the agenda was Petition No. Z-112
initiated by the City Planning Commission on its own motion on the question
whether or not the zoning classification of portion of Parcels AA, BB, CC, DD
and EE located 300 feet North of Schoolcraft Road extending East of Middlebelt
Road to West boundary of proposed Buckingham Village Subdivision in the South
1/2 of Section 24 be charged R-3-B R-1-A/
W. Clark,City Clerk.
No one was present opposed to petition as presented.
Upon a motion duly made by Mr. Robinson, seconded by Mr. Lepo and unanimously
carried, it was
#6-209-55 RESOLVED that, pursuant to a Public Hearing having been held
on Petition No. Z-112 .as initiated by the City Planning
Commission on its own motion for a change of zoning in the
South 1/2 of Section 24 from R-3-B to R 1 A the City Planning
Commission does hereby recommend to the City Council that
Petition No. Z-112 be granted, and
FURTHER RESOLVED, notice of the above hearing was published
in the official newspaper, The Livonian under date of June 2,
1955 and notice of which hearing was sent to The Detroit
' Edison Company, Chesapeake & Ohio Railway Company, Michigan
Bell Telephone Company, The Consumers Power Company, City
Departments and property owners as listed in the Proof of
Service.
The Chairman declared the foregoing resolution a dopted.
The secretary announced that the next item on the agenda was Petition No. V-12
initiated by the City Planning Commission on its own motion on the question
whether or not the 20 foot alley situated South of Seven Mile Road between
B inbridge and Hillcrest Avenues and located South of Lots 1 through 50,
Beverly Gardens Subdivision in the Northwest 1/4 of Section 11 should be
vacated and that a 20 foot easement be retained for public utilities. The
secretary read letters dated June 3, 1955 from Marie W. Clark, City Clerk and
dated June 9, 1955 from W. R. McCary, City Engineer.
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Mr. Jack Painter, 19041 Hillcrest (Owner of Lot 344) stated his garage is
built in such a manner that he uses alley for ingress and egress and that
vacating this alley would mean complete relandscaping of property. Stated he
did not feel additional footage would benefit him.
Mr. Charles Isanhart, 19025 Sunset (Owner of Lot 128) stated his garage was
built in 1948 and that he is using alley and that he did not want alley changed
to easement.
Mr. David Jones, 18335 Sunset stated commission should consider North and
South alleys as the vacating of the East and West alleys would dead end these
alleys. Requested that Petition No. T-12 be tabled in order that these
people may be consulted.
Mr. Ventura stated that in view of the two protests he could not see how
commission could vacate entire East-West alleys. Stated it might be wise to
wait until commission hears from property owners who live in subdivision.
Mr. Harsha suggested Messrs. Isanhart and Painter buy other 10' from adjoining
property owners which would give them access to their drive-way.
Mr. William Lock, 30715 Seven Mile Road stated he would like to see Petition
No V-12 granted.
Mr. Robinson suggested commission grant Petition No. V-12 and No. V-10
except foralley that adjoins Messrs. Painter and Isanhart property.
Mr. Salinas stated this would not be fair as everyone else would get 10*
except the two corners.
Mr. Painter stated that the people who live in area are not the ones who
started this. The lots in Petition No. V-10 are a little short and the
builders want alley vacated for this reason. Stated commission should wait
until houses are sold and owners move in. Prospective property owners will
be paying for something he could obtain for nothing.
Mr. Ventura asked Mr. Jones whether he will file petition to vacate all
NorthSouth alleys. Mr. Jones stated he would.
Mr. Painter stated he would like to see petition held up for six months.
Mr. Howard Middlewood arrived at meeting at approximately 8:55 p.m.
The secretary gave the names of petitioner in Petition No. V-10. Mr. Gordon
Wabake was present.
Mr. Wabake stated he bought four lots and that he is the builder. Stated he
built homes for resale.
Mr. Harsha stated he did not believe real estate situation should enter matter
and objected to it being brought up.
Mr. Greene stated commission should know whether or not Messrs. Painter and
Isanhart are prepared to make other arrangements if all alleys are vacated.
440
Mr. Ventura stated petitions No. V-10 and V-12 should be tabled until
petition is filed as promised by Mr. Jones.
Upon a motion duly made by Mr. Steinhoff and seconded by Mr. Conway, it was
#6-210-55 RESOLVED that, Petitions No. V-10 by Francis R. Clements and
Gordon Wabake and No. V-12 as initiated by City Planning
Commission on its own motion asking that 20 foot alley located
in the Northwest 1/4 of Section 11 be vacated be tabled until
such time as there is filed with commission petition to vacate
North-South alleys located between Bainbridge and Sunset;
between Sunset and Milburn; between Milburn and Flamingo and
Flamingo and Hillcrest in the Northwest 1/4 of Section 11.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Robinson, Conway, Greene, Lepo, Steinhoff, Harsha,
Ventura and Salines
NAYS: None
NOT VOTING: Hay
Mr. Robinson made thefollowing motion which died for lack of support.
RESOLVED that, City Planning commission at this time on its
own motion hereby provides for public hearing to be held
on its own motion to vacate North-South 20 foot alleys
located between Bainbridge and Sunset; between Sunset and
Milburn; between Milburn and Flamingo and between Flamingo
and Hillcrest, Beverly Gardens Subdivision in the Northwest
1/4 of Section 11 and that notice of said hearing be sent
to the owners of these abutting parcels by registered mail
return receipt. -
The secretary announed that the next item on the agenda was Petition No.
Z-103 by Franklin B. and Bonnie L. Hall asking that the zoning classification
of Lots 10 and 11, Alden Village Subdivision located on the North side of
Plymouth Road approximately 800 feet West of Priscilla Lane in the South 1/2
of Section 28 be changed from R-1-B to C-1. Mr. and Mrs. Hall were present.
Mr. Hall stated he has been unsuccessful in obtaining waiver on deed
restriction as requested and that he has not been able to get in touch with
Mr. Norman Weisman, Newman Farms, Inc.
Mr. Ashmore stated he has examined deed restrictions and that this
restriction has been vacated or abandoned in his opinion. Stated Mr. Hall
objected to rezoning on Plymouth Road when it was first presented to Commission
Stated petition should be granted in order that zoning can be uniform and
that same restrictions should apply to all lots on Plymouth Road. Stated it
would seem that deed restrictions would not be upheld in court.
Mr. Robinson asked depth of property. Mr. Hall stated 2051 on Plymouth Road
and 2001 deep.
Mr. Ashmore stated that if the deed restrictions have not been abandoned and
are enforced then this commission should observe them when it is aware of such
deed restrictions.
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anew
No one was present opposed to petition.
Upon a motion duly made by Mr. Salinas, seconded by Mr. Greene and
unanimously carried, it was
#6-211-55 RESOLVED that, pursuant to a Public Hearing having been held
on May 17, 1955 on Petition No. Z-103 as submitted by
Franklin B. and Bonnie L. Hall for a change of zoning in the
South 1/2 of Section 28 from R-1-B to C-1 the City Planning
Commission does hereby recommend to the City Council that
Petition No. Z-103 be granted, and
FURTHER RESOLVED, notice of the above hearing was published
in the official newspaper, The Livonian under date of April 28
1955 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 and called a recess
at approximately 9:20 p.m.
The Chairman called the meeting to order at approximately 9:32 p.m. with all
present as named at beginning and course of meeting.
The secretary announced that the next item on the agenda was petition by
Mrs. Rose Wilson and Arthur E. Whipple requesting permission to erect "Type
EM Texas Company„ gas and oil station on portion of Parcel L located on the
Southeast corner of Plymouth and Levan Roads in the Northeast 1/4 of Section
32. The secretary read letter dated June 16,,1955 and Permit No. 764—D dated
June 14, 1955 signed by Mr. Ziegler, State Highway Department to construct
drive-way approach. Mrs. Rose Wilson and Mr. T. L. Dunston, The Texas Company
were present.
Mr. Dunston stated Mr. Whipple is not able to be at hearing tonight.
Mrs. Ida Lovell, 36441 Plymouth Road (Owner of Parkway Drive-In) stated in her
_opinion another gas station is not needed at this location; enough traffic
there now and road is narrow at this point.
Mrs. Wilson stated there is a subdivision being constructed in this area and
there will be big demand for gas station.
Mr. Steinhoff stated C-2 District extends 1501 whereas gas station is
utilizing only 1001.
Mr. Ventura asked Mrs. Wilson what she intended to do with remaining 501 of
commercial zoned property. Mrs. Wilson stated she did not know at this time
but that she might be interested in having commercial parking lot.
Mr. Robinson stated commission should avoid having possibility of business
fronting on Levan Road.
Mr. Dunston stated there is 1751 commercial property on Plymouth Road that
might be able to utilize remaining 501 on Levan Road.
441 k
Mr. Ventura asked what assurance this commission has that a business would not
be established facing on Levan Road.
Mr. Salinas asked whether commission had zoning ordinance changed to prohibit
business facing on side street. Mr. Harsha stated this was discussed but no
action was taken.
Mr. Harsha asked whether it would be possible for commission on its own motion
to have zoning changed to P on the 50t commercial property on Levan Road.
Mrs. Wilson stated she was agreeable to having it rezoned.
Mr. Salinas suggested Mrs. Wilson file petition rather than commission doing
it on its own motion.
-Mr. Ashmore stated that in his opinion commission should not initiate petition
on its own motion unless it is dire circumstance and no one else will initiate
petition. Suggested petition be granted subject to there not being
commercial business on Levan Road. Asked whether there is sufficient parking
for employees who leave cars for service during day.
Mr. dunston stated they will not allow cars to be parked in the street and
that after servicing, the car will be returned to Ford parking lot. Stated
they have purchased 1250 square feet of space and that building will be 48' x
28'.
Mr. Steinhoff stated petition should be tabled until such time as Mrs. Wilson
decides what she intends to do with remaining 501 of commercial frontage on
Levan Road.
Mr. Salinas stated the agreement with The Texas Company should be changed or a
petition should be filed requesting zoning be changed to P.
Mr. Ventura asked whether The Texas Company would consider additional 50'
Mr, Dunston stated the lease would have to be revised and that he did not have
that authority. Stated he did not wish this to be held up any longer than
possible.
Upon a motion duly made by Mr. Hay and seconded by Mr. Steinhoff, it was,
#6-212-55 RESOLVED that, petition by Mrs. Rose Wilson and Arthur E.
Whipple requesting permission to erect nType EM Texas
Company» gas and oil station on portion of Parcel L located
on the Southeast corner of Plymouth and Levan Roads in the
Northeast 1/4 of Section 32 be tabled until July 19, 1955
in order to afford petitioners opportunity to draw up new
agreement with The Texas Company or rezone back 501 of
C-2 District to P District so as to prevent portion being
used for commercial use on Levan Road.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Robinson, Greene, Lepo, Steinhoff, Hay and Salinas
NAYS: Conway, Harsha and Ventura
A20
The secretary announced that the next item on the agenda was Application TA2
by George Cummins requesting permission to remove sand from Parcel M1 located
on the South side of Five Mile Road approximately 1,325 feet West of Fairlane
Road in the Northwest 1/4 of Section 21. Mr. and Mrs. Lawrence Aubert;
George Cummins and Clarence Charest were present.
Mr. Robinson, Chairman of the Topsoil Committee stated commission does not
have survey of the adjoining property which has been stripped and appears to
be low.
Mr. Ventura stated Parcel M1 is immediately adjoining the Harold Long Farm
which is approximately four feet lower than Parcel Ml.
Mr. Charest stated there are approximately 5,000 to 8,000 yards to be removed
and that in his opinion property could not be utilized in its present state.
Mr. Aubert stated land would have to taper to Patter Drain.
Mr. Robinson stated after examination it is his opinion Parcel M1 should be
graded from the existing grade of the Harold Long Farm and taper it to Westerly
land.
Mr. Howard Middlewood submitted letter dated April 18, 1955 from John
Smaniotto, 35301 Five Mile Road addressed to Hugh Wood, Jr., Chief Inspector
and letter in answer to Mr. Smaniottots from the Building Department. The
secretary read letters as submitted by Mr. Middlewood.
Mr. Charest stated he believed that Mr. Smaniotto was notified of this hearing
and that he is not present.
Mr. Ashmore asked how this commission could use existing low grade to
establish grade for Parcel Ml. Stated two violations do not make one right.
No one was present opposed to Application TA2.
There was a lengthy discussion regarding Mr. Cummints operation on the Harold
Long Farm and the condition of the property.
Mr. Charest stated it could be made condition of the bond that they start
removal at West side of Harold Long Farm and taper to West line of Parcel Ml.
Mr. Robinson made thefollowing motion which he withdrew after further
consideration:
RESOLVED that, pursuant to a Public Hearing having been held
the City Planning Commission does hereby grant Application
TA2 by George Cummins requesting permission to remove sand
from Parcel M1 located on the South side of Five Mile Road
approximately 1,325 feet West of Fairlane Road in the North—
west J/4 of Section 21 providing he removes sand on this
parcel from the existing grade on the Harold Long Farm
running up to grade on West side of Parcel Ml.
Mr. Ventura suggested resolution read provided Mr. Cummins does not violate
provision of Zoning Ordinance, No. 60 and that he would taper it down.
498)
Upon a motion duly made by Mr. Salinas and seconded by Mr. Robinson, it was
#6-213-55 RESOLVED that, pursuant to a Public Hearing having been held
the City Planning Commission does hereby grant Application TA2
by George Cummins requesting permission to remove sand from
Parcel M1 located on the South side of Five Mile Road approxi-
mately 1,325 feet West of Fairlane Road in the Northwest 1/4
of Section 21 provided sand not be removed below grade of
nearest existing street (Five Mile Road), and
FURTHER RESOLVED, that a performance bond be fixed on the
above application at $400 per acre and it is recommended to
the Bureau of Inspection that a permit to this effect be
issued, and
FURTHER RESOLVED, notice of the above hewing was sent to the
property owners within 500 feet, petitioner, City Departments
as listed in the Proof of Service and recommendation having
been obtained from the Department of Public Works under date
of May 4, 1955 and from the Police Department under date of
June 7, J955.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Robinson, Greene, Lepo, Hay, Ventura and Salinas
NAYS: Conway, Steinhoff and Harsha
The secretary read Legal Notice of Appeal Cases No. 142 and No. 143 by
Robert E. Seelye, Secretary, Board of Appeals.
Upon a motion duly made by Mr. Robinson, seconded by Mr. Hay and unanimously
carried, it was
#6-214-55 RESOLVED that, approval of minutes of meetings April 19, Ma.y,10
May 17 and May 25, 1955 be tabled until June 28, 1955.
The Chairman declared the foregoing resolution adopted.
The secretary read letter dated June 21, 1955 from Mayor Elbert Hartom
pertaining to Petition No. Z-105.
Upon a motion duly made by Mr. Greene, seconded by Mr. Lepo and unanimously
carried, it was
#6-215-55 RESOLVED that, letter dated June 21, 1955 from Elbert M.
Hartom, Mayor pertaining to Petition No. Z-105 be placed
on file.
The Chairman declared the foregoing resolution adopted.
Mr. Robinson asked Mr. Ashmore about Resolution No. 5-164-55 adopted by the
City Planning Commission May 10, 1955 requesting City Attorney to write
letter to proper authority concerning jurisdictional phases of City Planting
Commission pertaining to Appeal Cases No. 137, 138 and similar cases,
7
Mr. Ashmore stated he has had considerable discussion regarding this both
with Mayor Hartom and the Appeal Board and that because of the water reservoir
it does not seem opportune to write letter. 3
Mr. Ashmore stated Judge Miles N. Culehan has acted in favor of Louis
Garofalo Drive-In Restaurant on Lot 36, Liverance Subdivision located on the
West side of Middlebelt Road between Six Mile Road and Munger Avenue in the
Northeast 1/4 of Section 14. Stated that he is going to write letter to
City Clerk instructing her that before any permit is issued a permit to
operate open-air sales should first come before this commission. Stated that
if this commission should decide to deny a permit he (Mr. Ashmore) would like
to be sure that it will be a good reason that will hold up in court. Before
approval of permit is given this commission should have presented to it,
recommendation from Health Department, Fire Department and ingress and egress
is satisfactory and that a greenbelt will be established.
Mr. Ventura asked what specifically is an open-air sales. Mr. Ashmore
referred to Ordinance No. 12, as amended by Ordinance No. 37 and stated an
open-air sales is where the major part of sales is conducted outside of
building.
On a motion duly made, seconded and unanimously carried, this Public Hearing
of the City Planning Commission was duly adjourned at 11:00 p.m., June 21,
1955.
Ru Salinas, Secretary
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ATTESTED:
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Peter A. Ventura, Chairman