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HomeMy WebLinkAboutPLANNING MINUTES 1955-07-19 ?941'' 4i)t) MINUTES OF A PUBLIC HEARING AND THE 59TH REGULAR MEETING OF THE CITY PLANNING COMMISSION On July 19, 1955 the above hearing was held by the City Planning Commission at the City Hall, 33001 Five Mile Road, Livonia, Michigan. Vice-Chairman H. Paul Harsha called the Public Hearing to order at approximately 8:01 p.m. William R. Robinson precided as secretary pro tem. Members present: Dallas F. Hay Daniel Lepo H. Paul Harsha Karle Steinhoff Fred Lotz William Robinson Members absent: *Robert Miller Peter A. Ventura -*Robert L. Greene Lieutenant Bob Perry, Livonia Fire Department was present together with approximately 25 people attending the Public Hearing and the Regular Meeting. The secretary read petition dated July 9, 1955 by John K. Semizian, John's Drive-In Cleaners and Tailors requesting permission to erect Wolverine Porcelain Enamel Neon Sign 3' wide and 30' long located across front of building on Outlots Bob and B5, Greenette Subdivision located at 29175 Plymouth Road located on the South side of Plymouth Road approximately 600 feet East of Middlebelt Road in the Northwest 1/4 of Section 36. Messrs. John Semizian and Paul Niestroy, 26801 West Seven Mile Road,-Detroit were present. *Mr. Robert Miller arrived at meeting at approximately 8:04 p.m. The secretary read letter dated July 13, 1955 from Calvin Roberts, Chief Livonia Fire Department. Mr. Harsha asked the size of the property. Mr. Semizian stated property is 45 x 213. Mr. Harsha stated the proposed sign is fairly large for the size property. Stated he did not know why the regulations stated in the letter from the Fire Department had to come before this commission at this time and that this commission does not know whether or not these regulations have been met. Stated he did not know what bearing these regulations had on the proposed sign. Mr. Hay stated petition should beitabled until petitioner has had opportunity to contact Fire Department regarding regulations mentioned in letter. Stated regulations have no bearing on sign but that they should be taken care of. Mr. Steinhoff agreed with Mr. Hay. Mr. Niestroy stated sign is mounted directly on building. Stated neon does not flash and that sign has running lamps. Mr. Semizian stated he is willing to do whatever the Fire Department wishes and that it takes five to six weeks to make sign. Stated he plans to open store September 1, 1955. Mr. Hay asked Lieutenant Perry whether or not Mr. Semizian has been in touch with Fire Department. Lieutenant Perry stated not as to this date. **Page 1022 x,54 Mr. Hay asked Lieutenant Perry whether Mr. Semizian had been notified. Lieutenant Perry stated he had not and that he has to come to Fire Department and that Mr. Semizian should be familiar with State Law. Mr. Harsha stated the proposed sign is an entirely separate matter. No one was present opposed to petition. Mr. Robinson stated he agreed with Mr. Harsha. Stated Mr. Semizian will have to comply with codes in order to open store and that approval of sign should not be held up. Mr. Harsha asked whether in Mr. Hay's opinion the proposed sign agrees with the code. Mr. Hay stated he did not believe it is unreasonable sign. Mr. Semizian stated sign is 321 above grade. Mr. Harsha stated the Police Department is particular about color of sign and do not want anything interfering with traffic. *-Mr. Robert L. Greene arrived at meeting at approximately 8:17 p.m. Upon a motion duly made by Mr. Hay and seconded by Mr. Steinhoff, it was #7-240-55 RESOLVED that, petition by John K. Semizian, John's Drive-In Cleaners and Tailors requesting permission to erect Wolverine Porcelain Enamel Neon Sign 3' wide and 30' long located across front of building on Outlots Bob and B5, Greenette Subdivision loca-ed at 29175 Plymouth Road located on the South side of Plymouth Road approximately 600 feet East of Middlebelt Road in the Northwest 1/4 of Section 36 be tabled until July 26, 1955 in order to afford petitioner opportunity to contact Fire Department. A roll call vote on the foregoing resolution resulted in the following: AYES: Miller, Lotz, Lepo, Steinhoff and Hay NAYS: Harsha and Robinson NOT VOTING: Greene The secretary announced that the next item on the agenda was Petition No. Z-121 initiated by the City Planning Commission on its own motion on the question whether or not Lots 64 through 89, E. G. Settle Realty Company's Bonaparte Gardens Subdivision located on the East side of Fremont Avenue between Joy Road and the vacated Cathedral Avenue in the Southeast 1/4 of Section 35 be changed from RUFB to P. The secretary read letters dated June 28, 1955 from Mrs. Marie W. Clark, City Clerk and dated July 15, -1955 from Walter H. and Clara Raven, 9101 Middlebelt Road. Mr. Jerome Ziegler, President, Bonaparte Gardens Civic Association, 9071 Beatrice was present opposed to Petition No. Z-121. Mr. Harsha stated that in order for Petition No. Z-101 to be granted to C-1 there will have to be provision for more parking than what is available on Middlebelt Road. 4 wt Mr. Ziegler stated there is ample vacant property on Middlebelt Road. Mr. Harsha stated it is not desirable to have parking lot face Middlebelt Road and that with parking in rear of stores, it wouldn't add conjestion to Middlebelt Road. Mr. Greene read Mr. Albe Munson's recommendation dated June 2, 1955 regarding Petition No. Z-111. Mr. Steinhoff stated he drove down Fremont and that there were not many existing homes. Mr. Ziegler stated existing businesses do not have rear entrances and some of them have established homes in the rear of building used for business. Mr. Steinhoff gave Rosedale Gardens merchants as example of those businessman who did not obtain property for parking and that are now in need of parking in order to continue in business. Mr. Robinson asked whether property in Petitions No. Z-101 and No. Z-111 is owned by one person. Mr. Ziegler stated property is owned by more than one person. Mr. Robinson stated that all the property owners might wish to build business establishments on all lots and that there would not be enough park- ing facilities available for everyone. Mr. Harsha asked the number of existing homes on Fremont. Mr. Ziegler stated there are eight homes on first block and second block is fairly vacant with two homes between Dover and vacated Cathedral Avenue. Mr. Hay asked whether Mr. Ziegler would be willing to amend his petition (Petition No. Z-101) to read that every other lot be zoned P District rather than C-1 District. Mr. Ziegler stated he could not speak for property owners and that he does not own any of the lots in question. Mr. Hay stated Petition No Z-101 would be contingent on Petition No. Z-121 being granted. Mr. Harsha asked the number of property owners present who live in this area and are opposed to Petition No. Z-121. _Eight persons raisted their hands. Miss Mary Pulice, 8917 Middlebelt Road stated it is not their intent to interfere with homes on Fremont and that all they want is that property on Middlebelt Road be rezoned to C-1 as it was before Zoning Ordinance, No. 60 was adopted. Stated if property owner owned 60' and built 40' building, property owner would have 20' for parking. Mr. Greene stated, regarding Mr. Hay's suggestion, to rezone every other lot on M.ddlebelt Road to P District that the man who owned parking lot would not gain'much. Mr. Verl Lahs, 9195 Deering stated the Zoning Ordinance, No. 60 states that All new business establishments must provide adequate off-street parking. before permit will be issued. Mrs. Worley Lee Adams,, 6931 Fremont stated rezoning East side of Fremont would depreciate value of homes on West side of Fremont. Mr. Jerome Priester, 15455 Reddon asked whether the taxes would be raised if property changed to P District and would they be able to build a residence. Mr. Harsha stated to his knowledge taxes would not be raised and that he did not believe a residence could be built after zoning is changed. Mr. H. W. Curtner, 30062 Puritan stated he did not own property at 8932 Fre- mont but that he had charge of servicing property. Stated he would like to go on record opposing Petition No. Z-121. Upon a motion duly made by Mr. Greene, seconded by Mr. Miller and unanimously carried, it was #7-21i1-55 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-121 as initiated by the City Planning Commission on its own motion for a change of zoning in the Southeast 1/4 of Section 35 from RUFB to P the City Planning Commission does hereby recommend to the City Conncil that Petition No. Z-121 be denied, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of June 30, 1955 and notice of which hearing was sent to The Detroit Edison Company, The Consumer Power Company, Michigan Bell Telephone Company, Chesapeake & Ohio Railway Company, City Departments and petitioner as 1 sted in the Proof of Service. :]/ The Vice-Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Hay, seconded by Mr. Lepo and unanimously carried, it was #7-242-55 RESOLVED that, the Public Hearing held July 19, 1955 be adjourned. The Vice-Chairman declared the foregoing resolution adopted and called a recess at approximately 9:08 p.m. The Vice-Chairman called the 59th Regular Meeting to order at approximately 9:17 p.m. with all present as named at beginning and course of meeting. The secretary announced that the first item on the agenda was Petition No. Z-101 by Jerome Ziegler, President, Bonaparte Gardens Civic Association, et al requesting 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 vacated Cathedral Avenue in the Southeast 1/4 of Section 35 be changed from RUFB to C-1. Mr. Jerome Ziegler was present. Mr. Ziegler stated that at this time he would like to withdraw Petition No. Z-101. Upon a motion duly made by Mr. Lepo, seconded by Mr. Miller and unanimously carried, it was #7-243-55 RESOLVED that, the City Planning Commission grant request by Mr. Jerome Ziegler, President, Bonaparte Gardens Civic Association to withdraw Petition No. Z-101 as submitted by Mr. Jerome Ziegler, President, Bonaparte Gardens Civic Association, et al for a change of zoning in the Southeast 1/4 of Section 35 from RUFB to C-1. The Vice-Chairman declared the foregoing resolutinn adopted. Upon a motion duly made by Mr. Lepo, seconded by Mr. Hay and unanimously carried, it was #7-244-55 RESOLVED that, the City Planning Commission at this time does hereby withdraw Petition No. Z-111 initiated by the City Planning Commission on its own motion for a change of zoning in the Southeast 1/4 of Section 35 from RUFB to C-1. The Vice-Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was petition by RoseWilson 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. Messrs. Whipple and T. L. Dunston, The Texas Company and Mrs. Rose Wilson were present. - Mr. Hay asked if there has been any attempt to draw up a new agreement with The Texas Company. Mr. Whipple stated The Texas Company does not want the additional 50'. Mr. Hay asked Mrs. Wilson if there was any attempt by her to have a new agreement drawn with The Texas Company. Mrs. Wilson stated //non and that The Texas Company had gone so far with plans that they did not feel it would be desirable to redraw agreement. Mrs. Wilson stated in her opinion it would be desirable piece for parking with ingress and egress on Levan Road. Mr. Dunston stated they did discuss new agreement. Stated that the general engineering plan is comparable with The Texas Company's plan used throughout the United States. Stated in their opinion 50' piece would be of benefit to the additional property which they are not leasing. Mr. Steinhoff asked the amount of property on Plymouth Road which would be left in the C-2 District. Mrs. Wilson stated property has Never been surveyed. Stated there would be 175' to 200' left. Stated it is not her intent to break up remaining C-2 zoned property but that she intends to sell entire piece, including parking area, to one buyer. Mr. Harsha stated that until such time as Petition No. Z-124 (Requesting back 50' of C-2 District be rezoned to P District so as to prevent portion being used for commercial use on Levan Road) has been submitted to commission at a Public Hearing this Commission cannot guarantee the people of the City of Livonia that frontage on Levan Road will not be used for business. Mr. Hay suggested the possibility to Mrs. Wilson that the buyer who wants remaining property on Plymouth Road might not wish to buy or lease area 458 zoned to parking. Mr. Lotz asked reason The Texas Company does not want additional 50' for parking. Mr. Dunston stated it would be to Mrs. Wilson's advantage to keep property and it is surplus to The Texas Company's use. To buy additional 50' would mean redoing of plans, contracts, etc. Mr. Hay stated he did not think commission should take action on petition for gas station until Petition No. Z-124 is heard. Asked Mrs. Wilson location of her home. Mrs. Wilson stated home is on East end of property 20' off of pavement. Upon a motion duly made by Mr. Robinson, seconded by Mr. Hay and unanimously carried, it was #7-245-55 RESOLVED that, 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 be tabled until action has been taken on Petition No. Z-124. The Vice-Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Hay, seconded by Mr. Steinhoff and unanimously carried, it was #7-246-55 RESOLVED that, a date of Public Hearing be set for August 16, 1955 for Petition No. Z-124 as submitted by Mrs. Rose Wilson for change of zoning in the Northeast 1/4 of Section 32 from C-2 to P. The Vice-Chairman declared the foregoing resolution adopted. The secretary announced that the next 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 July 15, 1955 from Calvin Roberts, Chief Livonia Fire Department and dated July 19, 1955 from Hugh J. Wood, Jr., Chief Inspector Mr. Casimir C. Gawron was present. Mr. Robinson stated that inasmuch as commission knows Mr. Gawron's intent and petition has been filed the approval could be given to preliminary plat. Mr. Hay suggested possibility of Petition No. Zm,126 being withdrawn after approval of preliminary plat. Mr. Greene asked whether it would be hardship to Mr. Gawron if his preliminary plat was tabled until a hearing could be held on Petition No. Z-126. Mr. Gawron stated any delay is a hardship. Pointed out to commission that the worst that could happen is that outlot would remain zoned R-1- B and E that it is not as though it is RUFB to AG-B. Mr. Lepo stated action should be tabled until Petition No. Z-126 is heard. Mr. Hay asked whether Mr. Gawron would build homes this year if approval is given tonight to preliminary plat. Mr. Gawron stated he would if possible. Mr. Hay stated he did not believe Mr. Gawron could come before commission with canvas back plat before hearing is held on Petition No. Z-126. Mr. Robinson suggested possibility of Outlot as shown on proposed plat not being rezoned to C-1 as requested in Petition No. Z-126. Mr. Hay stated that if Mr. Gawron is placed in the position that the outlot is not rezoned, from a standpoint of improvement of residential lots it would be prohibitive. Mr. Greene asked for report from Plat Committee. Mr. Harsha, Chairman of the Plat Committee stated lots as shown on proposed plat do correspond with ordinance requirement. Upon a motion duly made by Mr. Greene, seconded by Mr. Steinhoff, and unanimously carried, it was #7-247-55 RESOLVED that, pursuant to a Public Hearing having been held on June 14, 1955 and Petition No. Z-126 having been filed by Casimir C. Gawron July 13, 1955 for a change of zoning of Outlot A in the Gawron Subdivision from R-1-B to C-1 the City Planning Commission does hereby give tentative approval to the preliminary plat of Gawron Subdivision, 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 together with notice having been sent to the Building Department, School Board President, Superintendent of Schools, Parks and Recreation Department, Fire Department and Members of the Plat Committee. The Vice-Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was petition by Manuel M. Plaskove, Michigan Floor Covering Company requesting permission to erect sign at 27675 Grand River Avenue on portion of Parcel Alal and located on the South side of Grand River Avenue approximately 200 feet East of Deering Avenue in the Northeast 1/4 of Section 1. Mr. Manuel M. Plaskove was present. Mr. Plaskove submitted sketch of alternate plan for two signs at either end of building and one sign on front of store. Mr. Robinson asked the distance from ground to top of proposed signs. Mr. Plaskove stated approximately 24'. Mr. Hay made the following motion which he withdrew after further con- sideration: RESOLVED That, pursuant to a Public Hearing having been t held July 12, 1955 the City Planning Commission does here- by grant petition by Manuel M. Plaskove, Michigan Floor Covering Company requesting permission to erect three signs 89 square feet total at 27675 Grand River Avenue on portion of Parcel Alal and located on the South side of Grand River avenue approximately 200 feet East of Deering Avenue in the Northeast 1/4 of Section 1 and that the signature of the Chairman of the Commission be so affixed on the sketch presented. /here was a lengthy discussion regarding square footage of a sign being computed from the total area of sign rather than from the size of the in- dividual letters. Mr. Hay stated that in his opinion the sign work on the front of the building should not be taken too much into consideration. Mr. Greene pointed out to commission that the alternate plan calls for signs totaling 108 square feet whereas the original petition called for a sign 66 square feet. Lieutenant Bob Perry was excused from meeting at approximately 10:40 p.m. Mr. Harsha stated this commission is setting a precident by allowing these two large signs. Read Section 11.02 (h), Zoning Ordinance, No. 60 and asked whether this commission could authorize two signs. Mr. Greene stated this commission is making an exception in Mr. Plaskovets case because of the location on Grand River Avenue facing two ways. Upon emotion duly made by Mr. Hay, seconded by Mr. Lepo and unanimously carried, it was #7-248-55 RESOLVED that, in view of the extenuating circumstances involved in the location of this place of business at 27675 Grand River Avenue in which it necessitates a sign at either end of the building be it RESOLVED that pursuant to a Public Hearing having been held on July 12, 1955 the City Planning Commission does hereby grant the petition by Manuel M. Plaskove, Michigan Floor Covering Company request- ing permission to erect three signs on portion of Parcel Alal and located on the South side of Grand River Avenue approximately 200 feet East of Deering Avenue in the North- east 1/4 of Section 1 subject to the two end signs not ex- ceeding 75 square feet per each sign and scale drawing to be submitted to commission for its files, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. The Vice Chairman declared the foregoing resolution adopted. The secretary read letter dated July 14, 1955 from T. R. Lennox, 9935 Nathaline, Detroit 39 regarding temporary shoe repair shop at 27460 Joy Road. ji. Mr. Hay stated that if this letter is referred to the City Attorney for an opinion that in his opinion the City Attorney will not be able to inform commission other than that this request would not be allowed in a temporary building. Upon anotion duly made by Mr. Steinhoff, seconded by Mr. Lotz and unanimously carried, it was #7-249-55 RESOLVED that, City Planning Commission refer letter dated July 14, 1955 from T. R. Lennox, 9935 Nathaline, Detroit 39 regarding shoe repair shop at 27460 Joy Road to the City Attorney, George D. Haller, for a written opinion. The Vice-Chairman declared the foregoing resolution adopted. The secretary read opinion dated July 18, 1955 from George D. Haller, City Attorney regarding use of Certified Mail instead of Regular Mail as requested in Resolution No. 6-221-55. There was a lengthy discussion regarding election of new officers for the City Planning Commission in view of the fact elections were held June 9, 1954 for a one year term Upon a motion duly made by Mr. Lepo, seconded by Mr. Lotz and unanimously carried, it was #7-250-55 RESOLVED that, election of new officers of the City Planning Commission be postponed until July 26, 1955. The Vice-Chairman declared the foregoing resolution adopted. On a motion duly made by Mr. Robinson, seconded by Mr. Lepo and unanimously carried, this 59th Regular Meeting of the City Planning Commission was duly adjourned at 11:00 p.m., July 19, 1955. William R. Robinson, Acting Secretary ATTESTED: H. Paul Har ha, Vice-Chairman