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HomeMy WebLinkAboutPLANNING MINUTES 1955-06-28 MINUTES OF A PUBLIC HEARING AND THE 58TH REGULAR MEETING OF THE CITY PLANNING COMMISSION On June 28, 1955 the above 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 8:07 p.m. Members present: William Robinson Karle Steinhoff H. Paul Harsha Robert L. Greene Dallas F. Hay Peter A. Ventura Daniel Lepo Rufino Salinas Members absent: Edwin Conway The following were present together with approximately 15 people attending the Public Hearing and the 58th Regular Meeting. Lieutenant Bob Perry - Fire Department Russell Ashmore - City Attorney The secretary read letter dated June 27, 1955 from Rex Harmon, Harmon & Crain requesting that Application TA5 by Richard Kerbyson, Jr., Greenmore Supply Company requesting permission to remove topsoil from Parcel R located between Rayburn Avenue and Five Mile Road and between Henry Ruff and Merriman Roads in the Fouthwest 1/4 of Section 14 be withdrawn and that no action be taken. The following motion was made by Mr. Hay and seconded by Mr. Greene but was withdrawn after further consideration: RESOLVED that, request by Rex Harmon, Harmon & Crain that Application TA5 by Richard Kerbyson, Jr., Greenmore Supply Company requesting permission to remove topsoil from Parcel R located between Rayburn Avenue and Five Mile Road and between Henry Ruff and Merriman Roads in the Southwest 1/4 of Section 14 be withdrawn, be granted. Mr. William Snyder, 30921 Puritan, representing Merriman Estates Subdivision, stated he objected to the removal of topsoil from that section as a health detriment and there are a number of children in subdivision and do not want trucks going up and down streets. Stated he visited present operation on Schoolcraft Road at 7:00 p.m. (weather report - three miles) and it was like the desert. Requested permanent injuction so that it will not come up after this. Mr. Ventura stated it was not within Commission's jurisdiction to issue injuction. Mr. Salinas stated if application is filed again there would have to be another public hearing, at which time property owners within 500 feet would be notified. Mr. Ventura stated he received telephone call that the man who owns topsoil will not sell; therefore application is being withdrawn. Mr. Otto Kipper, 30407 Five Mile Road stated he believed topsoil removal should be allowed but that this is not the right time. Stated topsoil should be removed just prior to building. Mr. Hay requested a count of the property owners present objecting to petition. It was ascertained there were approximately 20 people present objecting to application. Mr. Ralph Frazer, 30444 Rayburn questioned content of Zoning Ordinance regard- ing removal of topsoil. Upon a motion duly made by Mr. Hay, seconded by Mr. Greene and unanimously carried, it was #6-216-55 RESOLVED that, request by Rex Harmon, Harmon & Crain that Application TA5 by Richard Kerbyson, Jr., Greenmore Supply Company requesting permission to remove topsoil from Parcel R located between Rayburn Avenue and Five Mile Road and between Henry Ruff and Merriman Roads in the Southwest 1/4 of Section 14 be withdrawn, be granted. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Hay, seconded by Mr. Lepo and unanimously carried, it was #6-217-55 RESOLVED that, Public Hearing be adjourned. The Chairman declared the foregoing resolution adopted and called the 58th Regular Meetingto order. 3 The secretary announced that the first item on the agenda was the revised Gawron Subdivision located on the East side of Hix Road between Ann Arbor Trail and Ann Arbor Road in the Northeast 1/4 of Section 31. The secretary read letters dated June 22, 1955 from Casimir C. Gawron, Cass Construction Company; dated June 24, 1955 from Hugh J. Wood, Jr., Chief Inspector and dated June 24, 1955 from Calvin Roberts, Chief Livonia Fire Department. Mr. Casimir Gawron was present. Mr. Harsha, Chairman Plat Committee stated all lots with exception of Lot 26 are of sufficient size and that Lot 26 could be corrected by changing size of Lot 27. Stated it is his understanding that there is to be a greenbelt along Ann Arbor Road which is not shown on plat. Mr. Gawron stated he did not show greenbelt became Planning Commission might like to specify size of strip. Stated Planning Consultant, Mr. Albe Munson suggested eight foot strip. Mr. Salinas stated an easement is not shown along Ann Arbor Road. Mr. Gawron stated with planting strip an easement is not usually required. Mr. Salinas stated there has to be easement for utilities. Mr. Ventura asked whether Plat Committee checked proposed Gawron Subdivision with adjoining Ann Arbor Trail Subdivision to see that all lots on Ann Arbor Road conform with layout of approved plat. Mr. Gawron stated lots in Ann Arbor Trail Subdivision back up to Ann Arbor Road same as shown on proposed Gawron Subdivision. Mr. Ventura asked about Ann Arbor Trail. Mr. Gawron stated he did not know. Mr. Robinson stated that he thought the lots sided to Ann Arbor Trail in the Ann Arbor Trail Subdivision. Mr. Gawron submitted copy of Ann Arbor Trai] Subdivision plat which showed that houses on Ann Arbor Trail front on Ann Arbor Trail whereas on the proposed Gawron Subdivision houses would side on Ann Arbor Trail. Mr. Robinson suggested Lots 1, 2, 17, 18, 20, 19, 31, 32, 33 and 34 be turned around. Mr. Greene stated this would mean only four houses on the block which is not desirable. Mr. Steinhoff stated egress and ingress should be prohibited from Ann Arbor Trail to garages. Mr. Greene stated name Richland Avenue is used for both east-west and north- south street. Also pointed out to commission that Outlot A as shown on proposed plat is going to be problem. Mr. Gawron stated it is his intent to request rezoning to business on this outlot as there are existing business on two corners of intersection and it would be difficult to use it for residential purposes. Stated it would be impossible to finance for residential purposes. Mr. Hay stated the zoning should be changed before subdivision is approved so that people will know what is going to be done with outlot before they purchase lots. Mr. Gawron asked that proposed plat be approved on condition that he file petition requesting Outlot A be rezoned to business. Stated outlot covers approximately three acres. Mr. TSntura asked whether Mr. Gawron had considered using outlot for play- ground. Mr. Greene stated this is a dangerous spot. Mr. Ventura suggested entire outlot be fenced in. Mr. Gawron stated there is a park only 200' from subdivision. Mr. Hay suggested tot lot in center of Outlot A with homes around it. Mr. Gawron stated that with greenbelt, improvements and other requirements of Commission, 15 acres will not berorth much. Mr. Greene stated that now is the time to settle question of outlot because if it is requested to be rezoned after homes are built commission will not be able to help petitioner. Mr. Salinas stated that by conditioning approval of subdivision to filing of zoning petition, property owners protesting at Public Hearing as Commission knows they will, it would not be fair to deprive Mr. Gawron of the use of his property. Mr. Greene stated in his opinion he did not think Commission could put condition on approval of plat. There was comparison between Outlot A, Gawron Subdivision and Petition No. Z-100 as submitted by David Lewis, Durable Homes Inc. which Petition No. Z-100 x was denied by the City Council June 27, 1955 because of the surrounding property owners objections. Mr. Gawron stated he no doubt would want Outlot A rezoned to business before subdivision plat is given final approval. No one was present opposed to proposed subdivision plat. Upon a motion duly made by Mr. Salinas and seconded by Mr. Greene, it was RESOLVED that, pursuant to a Public Hearing having been held on June 14, 1955 the City Planning Commission does hereby give tentative approval to preliminary plat of Gawron Sub- division located on the East side of Hix Road between Ann Arbor Road and Ann Arbor Trail in the Northeast 1/4 of Section 31 subject to greenbelt along Ann Arbor Road; in- cluded in subdivision restrictions :-hat ingress and egress be prohibited from Ann Arbor Trail to garages; letter dated June 24, 1955 from Calvin Roberts, Chief Livonia Fire Department and Northerly portion of Richland Avenue be- ginning at Houghton be named Butwell, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, city Departments as listed in the Proof of Service and copies of the plat to- gether with notice having been sent to the Building Depart- ment, School Board President, Superintendent of Schools, Fire Department, Parks and Recreation Department and Members of the Plat Committee. Mr. Greene stated that for the purpose of the record he would like to requett that discussion regarding Outlot A being rezoned to business be included in the minutes. At approximately 8:56 p.m. Chairman Peter A. Ventura relinquished the Chair to Vice-Chairman H. Paul Harsha. Mr. Ventura advised that subdivision plat not be approved because of Outlot A; lots siding on Ann Arbor Trail whereas adjoining plat faces lots on Ann Arbor Trail and it is bad planning to approve plat in its present form. A roll call vote on the foregoing resolution made by Mr. Salinas and seconded by Mr. Greene resulted in the following: AYES: Greene, Harsha, and Salinas NAYS: Robinson, Lepo, Steinhoff, Hay and Ventura Vice-Chairman H. Paul Harsha relinquished the Chair back to Chairman Peter A. Ventura at approximately 9:00 p.m. Upon a mottn duly made by Mr. Hay and seconded by Mr. Greene, it was #6-218-55 RESOLVED that, proposed Gawron Subdivision located on the East side of Hix Road between Ann Arbor Trail and Ann Arbor Road in the Northeast 1/4 of Section 31 be tabled :11 until July 19, 1955 in order to afford petitioner opportunity to present revised plat. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Lepo, Steinhoff, Hay, Harsha, Ventura and Salinas NAYS: Robinson Mr. Robinson stated one factor is the rezoning of Outlot A and that is the reason he voted against plat. Stated in his opinion Outlot A should be rezoned before plat is approved. The secretary announced that the next item on the agenda was Petition No. Z-105 by Gilbert J. and Laura E. Straub asking that the zoning classification of Parcels J2 and K1 located on the East side of Levan Road approximately 1,700 feet North of Schoolcraft Road and which common address is 14360 Levan Road in the Southeast 1/4 of Section 20 be changed from AG-B to RUFA. The secretary read letters dated June 20, 1955 from Calvin Roberts, Chief Livonia Fire Department; dated June 27, 1955 from HughJ. Wood, Jr., Chief Livonia Inspection Department and dated June 21, 1955 from Elbert M. Hartom, Mayor Messrs. Straub and Frank Doud were present. Mr. Harsha, Chairman of the Plat Committee stated lots as shown on proposed plat are of sufficient size. Mr. Doud stated there is a topographic survey on the property which apparently McMahon Engineering Company, Detroit has The secretary read letters dated April 14, 1955 from I. Jack Adelson, Sanitarian, Division of Engineering, Wayne County Department of Health; dated April 2, 1955 from Herald Hamill, Engineer and dated March 6, 1955 from Melvin E. Orchard, Sanitary Engineer. Mr. Ventura asked why test showed so peculiar. Mr.Straub stated test was taken after rains when one could walk on very little of property. Stated property is one of the highest places in Livonia. Mr. Doud stated they waited just until frost was out of ground for the test. Mr. Straub stated there is 151 of sand and that there is no clay until 161. Stated that if there is tile, could not see how water could help but get out of there. Mr. Harsha asked what Health Authorities letters were from.. The secretary gave names on letterhead of letters previously read and stated none were from Health Authorities. Mr. Straub stated Mr. Orchard is from Wayne County. Mr. Harsha asked whether Mr.Orchard made test as private individual or was it done for Wayne County. Mr.Straub stated Mr. Orchard did it as private individual. Mr. Straub stated Wayne County would not give them any opinion. Mrs. Doud stated they contacted Mr. Al Gannon, Wayne County Health Department who recommended Mr. Orchard. No one was present opposed to Petition No. Z-105 or proposed subdivision plat as presented. Mr. Salinas made the following motion which died for lack of support: RESOLVED that, pursuant to a Public Hearing having been held on June 14, 1955 on Petition No. Z-105 as submitted by Gilbert J. and Laura E. Straub for a change of zoning in the Southeast 1/4 of Section 20 from AG-B to RUFA the City PlanningCommission does hereby recommend to the City Council that Petition No. Z-105 be granted. Mr. Robinson stated other subdividers have been able to obtain letter from Wayne County - example: Mr. Loel Heiman, Salem Sales Company. Mr. Greene suggested that petition be tabled in order to give petitioners opportunity to make another percolation test and obtain letter from Wayne County Health Department. Mr. Ventura suggested topographic survey be submitted to commission. Mr. Hay asked the type of homes to be built. Mr. Doud stated ranch homes. Mr. Hay suggested petition be tabled and that commission as a whole look at site. Mr. Robinson stated petition requesting rezoning could be granted and petitioner could furnish further information at the time subdivision plat is submitted. Mr. Salinas asked what another percolation test would prove as the one sub- mitted is the worst that could be obtained. Mr. Ventura stated this Commission has a duty to perform that is to see that there will not be trouble in this area. Mr. Doud stated that anyone that looks at test should know that another test taken at this time of year couldn't be anything but better. Mr. Robinson stated he drove by site and it appears to be high. Mr. Ventura stated he also drove by site and that it appeared to be high to him also. Upon a motion duly made by Mr. Robinson and seconded by Mr. Salinas, it was #6-219-55 RESOLVED that, pursuant to a Public Hearing having been held on June 14, 1955 on Petition No. Z-105 as submitted by Gilbert J. and Laura E. Straub for a change of zoning in the Southeast 1/4 of Section 20 'from AG-B to RUFA the City Planning Commission does hereby recommend to the City Council that Petition No. Z-105 be granted, and lice) d FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of May 25, 1955 and notice of which hearing was sent to The Detroit Edison Company Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumer Power Company, City Departments and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Hay, Harsha, Ventura and Salinas NAYS: Greene, Lepo and Steinhoff The secretary read letter dated June 28, 1955 from Robert C. Campbell, Sergeant, Traffic Division, Livonia Police Department regarding Petition No. Z-105. The secretary announced that the next item on the agenda was the approval of final plat of Cherokee Trail Subdivision located on the Northeast corner of Ann Arbor Trail and Wayne Roads in the Southwest 1/4 of Section 33. The secretary read letters dated June 17, 1955 addressed to Mrs. Marie W. Clark, City Clerk from Irving Levine, Burt Homes Inc. and dated June 21, 1955 from Marie W.Clark, CityClerk. Mr. Irving Levine was present. Mr. Ventura asked if there are any changes on the final plat since preliminary plat was gproved. Mr. Levine stated not to his knowledge. Upon a motion duly made by Mr. Greene, seconded by Mr. Harsha and unanimously carried, it was #6-220-55 RESOLVED that, final plat of Cherokee Trail Subdivision located in the Southwest 1/4 of Section 33 be given final approval, and FURTHER RESOLVED, inasmuch as it appears in the records that tentative approval of said proposed plat was given by the City Planning Commission March 8, 1955; and it further appearing that said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Works under date of May 6, 1955; and it further appearing that a bond in the amount of $71,000 to cover the installation of improvements has been filed in the office of the City Clerk under date of June 20, 1955; such bond having been approved by Russell Ashmore, City Attorney on June 21, 1955 it would therefore appear that all the conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. The Chairman declared the foregoing resolution adopted. The secretary pointed out to commission difference between Certified and Registered Mail and that the City Attorney has informed him that Commission can use Certified Mail. Mr. Hay stated Certified Mail is not Registered. Mr. Greene asked Mr. Ashmore what would happen if a test is made in Court on t'' is if Commission uses Certified Mail. 3 Mr. Ashmore stated that rule is that a letter properly addressed and mailed is received by the addressee. Cannot prove it but it is presumed that it is received. Stated Commission is following ordinance and ordinance does not say Registered Mail. Mr. Hay stated that there are a great many rural boxes in Livonia and letters are lost. Mr. Ventura referred to Municipal Planning Act, Act 285, Public Acts of 1931, as amended "...Notice shall be sent to said address by registered mail of the time and place of such hearing not less than five days before date fixed therefore. Similar notice shall be mailed to the owners of land immediately adjoining the platted land, as their names appear upon the plats...tt Mr. Ashmore asked whether Commission follows State Law. Mr. Ventura stated Commission is following law in every instance and if it is not, it is up to City Attorney ,,o advise this Commission. Requested Mr. Ashmore's opinion in writing. Mr. Lepo asked whether Zoning Ordinance supersedes State Law. Mr. Ashmore stated Act 285 states that when a city passes Zoning Ordinance that sections of that Act 285 do not apply. Upon a motion duly made by Mr. Lepo, seconded by Mr. Harsha and unanimously carried, it was #6-221-55 RESOLVED that, City Planning Commission request written opinion from City Attorney in regard to the question whether or not it will be legal for City Planning Commission to send mail by Certified Mail instead of Registered Mail where it is applicable. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Robinson, seconded by Mr. Steinhoff and unanimously carried, it was #6-222-55 RESOLVED that, minutes of meetings April 19, May 10, May 17 and May 25, 1955 be approved as presented. The Chairman declared the foregoing resolution adopted. Upon anx,tion duly made by Mr. Hay, seconded by Mr. Robinson and unanimously carried, it was #6-223-55 RESOLVED that, date of July 26, 1955 be set as a Public Hearing. The Chairman declared the foregoing resolution adopted. On a motion duly made by Mr. Hay, seconded by Mr. Greene and unanimously carried, this 58th Regular Meeting of the City Planning Commission was duly adjourned at approximately 9:55 p.m., June 28, 1955. ,GGA Ru inor alinas, Secretary ATTESTED: 7.1- z Peter A. Ventura, Chairman HYP ul Harsha, ice-Chairman