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HomeMy WebLinkAboutPLANNING MINUTES 1955-10-04 MINUTES OF A PUBLIC HEARING OF THE CITY PLANNING COMMISSION On October 4, 1955 the above meeting was held by the City Planning Commission at the City Hall, 33001 Five Mile Road, Livonia, Michigan. Chairman William R. Robinson called the Public Hearing to order at approxi— mately 8:00 p.m. Members present: Robert Miller Peter A. Ventura William Robinson Daniel Lepo H. Paul Harsha Fred Lotz Members absent: Robert L. Greene Dallas F. Hay Karle Steinhoff Lieutenant Bob Perry, Livonia Fire Department was present together with approximately 15 people attending the Public Hearing The secretary read petition dated August 22, 1955 by Otto Haase requesting permission to erect gasoline service station on portion of Parcel R6 and R7a1 located on the Northwest corner of Five Mile Road and Reddon Road in the Southeast 1/4 of Section 13. Mr. Otto Haase was present. Mr. Harsha asked whether the matter of ingress and egress had been discussed with proper authorities. Mr. Haase stated he talked to Mr.William Streasser Engineer of Streets, Wayne County Road Commissioners and he (Mr. Streasser) informed him that approval of gas station would have to be obtained before If: Wayne County would give approval of ingress and egress. Mr. Robinson stated it has been procedure that petitioner have approval from Wayne Countybefore approval of this Commission. Mr. Ventura stated it is rather futile for Wayne County to give petitioner approval when they do not know whether or not petitioner will be able to obtain approval of this Commission. Asked petitioner dimension of lots. Mr. Haase stated there is 127' frontage on Five Mile Road and Northern boundary is Detroit Edison easement. Mr. Harsha asked whether set back as shown on plot plan agrees with the Master Thoroughfare Plan which shows Five Mile Road as 120, width. Stated a distance is not shown from center of road. Agreed that if Mr. Haase marked plot plan to show 601 from center of road to property line, he would not object to plan as submitted. Mr. Haase stated he could bring approval to Commission after it has been obtained from Wayne County. Mr. Harsha suggested commission approve petition subject to the approval of Wayne County Road Commissioners. Mr. Ventura stated he concurred with Mr. Harsha and that petitioner will have to have clearing from authorities having control of the road. 32 G 1.3 Mr. Howard B. Middlewood, Acting Chief Inspector arrived at meeting at `'"^", approximately 8:09 p.m. Mr. William Staples, 15058 Kipke, Detroit (Owner of station across street) stated he objected to petition as there are eight stations between Beech and Middlebelt Roads. Mr. William Franklin, 27476 Five Mile Road (Owner of home two blocks away) stated he bought home two years ago and that at that time it was his under- standing that area was residential. Mr. Ventura stated property has been zoned C-1 since adoption of Ordinance No. 60 in 1952. Mr. Harsha stated property was zoned C-1 under old ordinance dated 1945. Mr. George D. Haller, City Attorney arrived at meeting at approximately 8:16 p.m. Mr. Ventura asked Mr. Franklin type of business he would like to have on this corner. Mr. Franklin stated a retail establishment. Stated it is difficult to get from Inkster Road to Five Mile Road now and that to increase further traffic hazard is not to the benefit of the people. Stated at this point Five Mile Road tapers off from a four lane road to a two lane road. Mr. Ventura stated that regardless what type of business on this corner there will be increase of people coming in and out of property and that gas station will not draw any more trade than any other retail establishment. Stated a gas station is not built up to lot line whereas a retail establishment can be. Upon a motion duly made by Mr. Ventura, seconded by Mr. Harsha and unanimously carried, it was 3 #10-326-55 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby grant the petition by Otto Haase requesting permission to erect gasoline service station on Portion of Parcels R6 and R7a1 located on the Northwest corner of Five Mile Road and Reddon Road in the Southeast 1/4 of Section 13 subject to approval of Wayne county Road Commissioners in regard to ingress and egress, and FURTHER RESOLVED, notice of the above hearing was sent to the property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. E The Chairman declared the foregoing resolution adopted. Mr. Howard Middlewood left meeting at approximately 8:25 p.m. The secretary read petition dated September 8, 1955 by Church of Christ of Livonia requesting permission to erect a permanent church building with seating capacity not to exceed 400 on Lots 620 and 621, Supervisor's Livonia Plat, No. 10 located on the West side of Merriman Road approximately 375 feet North of Five Mile Road in the Southeast 1/4 of Section 15. Mr. C. Leo Gentry was present. 1 Mr. Gentry submitted letters dated September 20, 1955 from William L. Marvin, Metropolitan Detroit Traffic Engineer, State Highway Department and dated September 13, 1955 from John D. Benjamin, Engineer of Highway Design, Wayne County Road Commissioners. Also submitted drawing dated September 30, 1955 showing approximate anticipated size of building. The secretary read letters as submitted by Mr. Gentry. Mr. Ventura asked the number of cars parking lot will accommodate. Mr. Gentry stated approximately 130 cars on rear of lot. Mr. Edward Wild, 31562 Grove stated he represented owner of lot adjacent to proposed church. Stated he is not basing objection to building of church but that request is premature. Stated there is lack of additional information: whether drive-way will be surfaced. According to private restrictions church is not allowed. Mr. Howard Middlewood returned to meeting at approximately 8:40 p.m. Mr. Harsha asked for copy of private restrictions. Stated he has never seen private restriction that prohibited churches. Mr. Wild stated restriction calls for not more than two dwellings on one acre of ground and a church is not a dwelling. Mr. Ventura asked what is existing in front of two lots in question. Mr. Wild stated they are undeveloped. Mr. Lotz asked Mr. Haller's opinion regarding private restriction. Mr. Haller stated on the language quoted by Mr. Wild, it is a limitation of number of structures rather than character of structure. Stated he did not think private restriction should enter into deliberation. Stated commission is guarding the zoning provision which affects property and that it is up to private owners to protect their own interest. Mr. J. D. Igrisan, 18614 Schoolcraft Road stated he represented the property owner at the Southwest corner of Merriman and Five Mile Roads. Stated he would like to know what the affect this petition would be on clients investment as they wish to establish drug store location and obtain S.D.D.S. licence. It was established that a licence of this type could not be issued within 500' of church or school. Upon a motion duly made by Mr. Ventura, seconded by Mr. Miller and unanimously carried, it was #10-327-55 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby grant the petition by Church of Christ of Livonia requesting permisson to erect a permanent church building with seating capacity not to exceed 400 on Lots 620 and 621, Supervisor's Livonia Plat, No. 10 located on the West side of Merriman Road approximately 375 feet North of ifs Five Mile Road in the Southeast 1/4 of Section 15, and 34 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 Chairman declared the foregoing resolution adopted and called a recess at approximately 8:55 p.m. The Chairman called the meeting to order at approximately 9:05 p.m. with all present as named at beginning and course of meeh.ing. The secretary read opinion dated August 18, 1955 from George D. Haller, City Attorney regarding proposed dedication of Thorpe Drive. The secretary also read letter dated August 22, 1955 from Marie W. Clark, City Clerk. The petitioner, Mrs. Leona Wheeler nor a representative was present. Mr. Lepo stated it is up to property owners to file proper form for the dedication of this street. Mr. Robinson stated it is before this Commission for approval of this dedication. Mr. Harsha asked whether property owners have been advised of Mr. Munson's recommendation and whether owners know what it will mean to them to have street dedicated. Mr. Robinson stated he did not believe so. Mr. Harsha stated he did not know how property owners can agree when they do not know what it is all about. Stated if Commission goes along with Mr. Munson's recommendation, property owners should be told before Commission considers dedication. Mr. Ventura stated question before Commission is whether or not Cityshould accept dedication of this street. Stated inasmuch as they were allowed to put in street, it is hardship that something wasn't done to make it public thoroughfare. Mr. Miller asked whether street is dead end and whether there is cul-de-sac Mr. Robinson stated street is dead end and there is not a cul-de-sac. hr. Miller stated more study should be given this as it will be a problem. Mr. Robinson stated matter has been before commission several times and that Commission has had ample opportunity to study matter. Mr. Miller asked whether Fire Department has knowledge of this. Lieutenant Perry stated he did not know anything about it as he wasn't at previous meeting August 9, 1955. Mr. Middlewood stated Thorpe Drive was put in years ago as a tentative set up and that it would be aid to city if proper cul-de-sac would be put in. Stated as it is now, it does not add anything to surrounding area. Mr. Miller stated this matter is not something one can act on and then let go by. Mr. Ventura stated from lay out submitted by Mr. Munson, it would not be easy to put in cul-de-sac. Stated if this is not made a city street and 35 there is a fire, perhaps fire equipment will not be able to get in there at all. City should take it over with provision that it be fixed up as best as possible. Mr. Haller asked whether permission was given to put street in. Stated they could lay out private road without permission of City. Stated it is a matter of discretion with City as to whether or not City wants street. Mr. Ventura stated permit would have to be obtained to erect building. Mr. Middlewood stated not at that time. Stated the condition of homes would indicate homes were built in 1929. Mr. Ventura stated they were erected in 1945 or 1949. Mr. Haller stated that in his letter he suggested that the Planning Consultant give opinion as to whether or not this would be useable street. Stated consultant has not given opinion as to whether or not street should be dedicated. Mr. Ventura stated that by looking at plot lay out submitted by Mr. Munson one can see street does not fit in with Master Plan or with anything else. Mr. Haller stated all these property owners want is that street be paved and passable. Stated if City accepts street then City will have to maintain it. Stated there is a question whether City has to take it over. Mr. Ventura stated street will be used as public street. Stated these people are tax payers and they are entitled to consideration. Stated 1[0 roads are part of the obligation of City. Upon a motion duly made by Mr. Ventura and seconded by `r. Lepo, it was RESOLVED that, City Planning Commission does hereby recommend to the.City Council that dedication of Thorpe Drive be accepted provided the property owners are willing to dedicate this road and subject to Albe Munson's recommendation dated September 20, 1955. A roll call vote on the foregoing resolution resulted in the following: AYES: Miller, Ventura and Lepo NAYS: Harsha, Robinson and Lotz Mr. Harsha stated he feels that citizens of Livonia bought property at a price that included certain improvements and aid feel that these people were fortunate or unfortunate that they did not have to pay for these improvements. Feel that commission is giving them something which has not been granted to any other resident. Mr. Lotz concurred with Mr. Harsha. Mr. Ventura stated he believed there is some confusion in that these people are not requesting that Thorpe Drive be resurfaced. 1[40 Mr. Harsha stated presently commission is requesting hard surfacing of streets and that these people have not had to pay for this. Mr. Miller suggested inviting property owners before Commission and dis— cussing matter. Mr. Robinson stated petitioner was notified of hearing. 36 0-3 Mr. Ventura asked whether Mr. Miller was suggesting City go to expense of putting in a cul-de-sac. Mr. Miller stated without cul-de-sac there might 'V be problems. Mr. Ventura stated dead end street is bad but it is there and there is no possibility of cutting it through. Mr. Miller stated property could be acquired. Upon a motion duly made by ir. Ventura and seconded by Mr. Lepo, it was RESOLVED that, City Planning Commission recommend to the City Council that the dedication of Thorpe Drive be accepted subject to Albe Munson's recommendation dated September 20, 1955. A roll call vote on the foregoing resolution resulted in the following: AYES: Miller, Lepo and Ventura NAYS: Harsha, Robinson and Lotz Upon a motion duly made by Mr. Miller and seconded by Mr. Lepo, it was RESOLVED that, matter of dedication of Thorpe Drive be tabled for further study until October 18, 1955. A roll call vote on the foregoing resolution resulted in the following: AYES: Miller, Lepo and Robinson NAYS: Ventura, Harsha and Lotz Upon a motion duly made by Mr. Harsha and seconded by Mr. Miller, it was #10-328-55 RESOLVED that, City Planning Commission does hereby recommend to the City Council that the dedication of Thorpe Drive be accepted subject to Albe Munson's recommendation dated September 20, 1955 and provisions of Ordinance, No. 86 at the property owners expense. A roll call vote on the foregoing resolution resulted in the following: AYES: Miller, Lepo, Harsha, Robinson and Lotz NAYS: Ventura The secretary read letter dated September 21, 1955 from Irvin Hermanoff, Secretary, Harry Slatkin Builders, Inc. requesting approval of Country Homes Subdivision, No. 3 located in the East 1/2 of Section 32 approximately 609 feet South of Plymouth Road between Arthur Avenue and Levan Road. Mr. Hermanoff was present. Mr. Harsha asked whether there have been any changes in subdivision plat since preliminary approval. Mr. Hermanoff stated there have been no changes whatsoever. The secretary informed commission that a letter is on file confirming that 37 bond as set has been filed Mr. Hermanoff stated recommendations of Fire Department and Mr. Herald Hamill have been followed. Lieutenant Perry stated hydrants have been installed. Mr. Ventura asked what provisions have been made for schools. Mr. Hermanoff stated there is a school in Country Homes Subdivision, No. 2 which is being erected. Mr. Ventura stated this Commission had communication from School District. requiring subdividers contribute their share to schools erected in sub- division. Mr. Hermanoff stated school situation has been taken care of since January, 1955. The secretary stated he had nothing on file relative to school situation from School District. The secretary read letter dated January 31, 1955 from Calvin Roberts, Chief Livonia Fire Department. Mr. Ventura made the following motion: RESOLVED that, final plat of Country Homes Subdivision, No. 3 located approximately 610 feet South of Plymouth Road between Arthur Avenue and Levan Road in the East 1/2 of Section 32 be approved subject to Slatkin Builders Inc. entering into an agreement with School District as other subdividers in this section have done. Mr. Hermanoff stated in his opinion Mr. Ventura is out of order. Mr. Robinson concurred with Mr. Hermanoff and ruled Mr. Ventura's motion out of order inasmuch as commission does not have communication from School District. Stated he recognized that lack of letter indicated satisfaction with situation. Upon a motion duly made by Mr. Lotz and seconded by Mr. Lepo, it was #10-329-55 RESOLVED that, final plat of Country Homes Subdivision, No. 3 located approximately 610 feet South of Plymouth Road between Arthur Avenue and Levan Road in the East 1/2 of Section 32 be given final approval, and FURTHER RESOLVED, inasmuch as it appears on the records hat tentative approval of said proposed plat was given by the City Planning Commission February 3, 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 February 5, 1955; and it further appearing that a bond in the amount of $14,000 to cover the installation of improvements have been filed in the office of the City Clerk under date of October 3, 1955; such bond having been approved by George D. Haller, City 38 10.3 Attorney on October 1 1 `"'� 955 it would therefore appear that all conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. A.roll call vote on the foregoing resolution resulted in the following: :11 AYES: Lepo, Harsha and Lotz NAYS: Miller and Ventura NOTVOTING: Robinson The secretary announced that the next item on the agenda was petition by R. A. Buerrosse, Division Manager, Sinclair Refining Company requesting permission to erect two metal neon roof signs 24' long and 39tt high on Outlot A, Greenette Subdivision located on the Southeast corner of Plymouth Road and Garden Avenue in the Northwest 1/4 of Section 36. The secretary read letter dated September 17, 1955 from Leo 0. Nye, Justice of the Peace Justice Court. Messrs. Fred Randall and Harry Theisen, Attorney were present. Mr. Harsha asked whether sign would be flashing and whether color would be such as to not interfere with traffic. Mr. Theisen stated sign would not be flashing and the color would be such as to not interfere with traffic. Upon a motion duly made by Mr. Ventura, seconded by Mr. Lepo and unanimously carried, it was #10-330-55 RESOLVED that, pursuant to a Public Hearing having been held July 26, 1955 the City Planning Commission does hereby grant the petition by R. A. Buerrosse, Division Manager, Sinclair Refining Company requesting permission to erect two metal neon roof signs 24' long and 39" high on Outlot A, Greenette Subdivision located on the South- east corner of Plymouth Road and Garden Avenue in the Northwest 1/4 of Section 36, and FURTHER RESOLVED, notice of the above hearing was sent to the property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary stated that the next item on the agenda was letter dated July 28, 1955 from Madre W. Clark, City Clerk regarding City Council Resolution No. 388-55 referring to this commission for recommendation parking requirements for bowling alleys. Mr. Ventura suggested that copy of Albe Munson's recommendation dated August 30, 1955 be forwarded to the City Council Members for their study before Commission takes action as City Council might wish to know reason for commission's action. Upon a motion duly made by Mr. Ventura, seconded by Mr. Lepo and unanimously carried, it was -39 #10-331-55 RESOLVED that, letter dated July 28, 1955 from Marie W. Clark, City Clerk regarding City Council Resolution No. 388-55 referring to this Commission for recommendation parking requirements for bowling alleys be tabled until November 15, 1955 in order to give Commission opportunity to forward copy of Albe Munson's recommendation dated August 30, 1955 to City Council Members for study before Commission takes action. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the proposed Central Sewer System. Mr. Harsha suggested committee be appointed to study plans as submitted to commission by Engineering Department. Stated Mr. Ray Warner, Civil Engineer with vast amount of experience is living in Livonia and that it is his (Mr. Harsha) opinion that Mr. Warner might be willing to make available suggestions to Livonia regarding this proposed plan. Mr. Ventura suggested a study meeting be scheduled whereby entire commission could benefit by Mr. Warner's knowledge. Mr. Haller informed commission that specifications will be let out to contractors for bids at the end of the month. Stated plans have been made by one of the finest engineers in this county. Stated legal work will be finished by the City and Wayne County Road Commissioners also at The end of the month. I[: It was established that there would be a study meeting with Mr. Ray Warner and commission Tuesday, October 11, 1955 if it could be arranged by Mr. Harsha. The secretary read letter dated September 26, 1955 addressed to Livonia Police Department from H. A. Hayes, Chairman, Traffic Commission regarding hazard in Section 35. Upon a motion duly made by Mr. Ventura, seconded by Mr. Lepo and unanimously carried, it was #10-332-55 RESOLVED that, letter dated September 26, 1955 addressed to Livonia Police Department from H. A. Hayes, Chairman Traffic Commission regarding traffic Hazard in Section 35 be placed on file. The Chairman declared the foregoing resolution adopted. Mr. George D. Haller, City Attorney left meeting at approximately 10:20 p.m. The secretary announced that the next item on the agenda was request by Mrs. Marie W. Clark, City Clerk for copy of Planning Consultant's recommendations for her file and City Council information. Mr. Miller stated he attended he last City Council meeting and that it 40 sometime is difficult to explain to members exact location of requested zoning change. Stated members of Council would like to know zoning of surrounding area. Stated it was suggested by Council members that a map be provided for this purpose. Lieutenant Bob Perry left meeting at approximately 10:27 p.m. Mr. Robinson stated he discussed this suggested map with Mayor Hartom. Mr. Ventura stated this would require money and work of a draftsman. Mr. Robinson stated he met with Mayor Hartom and Mr. Munson regarding additional funds to under take planning program. Stated it was Mayor Hartom's opinion that City needs planning but that there is not enough money. Stated Mr. Munson felt Commission would not be able to convince the City Council of this need. Stated it would cost approximately $200 for long range planning presentation that could be presented to City Council. Mr. Ventura stated it might be wise to forward copy of Mr. Munson's recommendation '.o Mrs. Clark but that Commission should consider fact that Mr. Munson is hired to give this Commission opinion. Stated opinion is given for guidance of this Commission and not to be passed around and haggled over. Stated if others didn't agree with Mr. Munson's opinions then he might be in a bad light with other Bodies. Mr. Lotz stated that this Commission can more or less put the City Council on a spot inasmuch as Commission could say out of its funds it is furnish- ing City Council information of Commission's Planning Consultant. Mr. Ventura stated that if `.here is any consulting with Planning Con- sultant it should be done by this Commission rather than another Body. Mr. Lepo stated he could not see why they could even request something like that. Mr. Ventura stated recommendations are on file in office for anyone to look at. Upon a motion duly made by Mr. Lepo, seconded by Mr. Miller and unanimously carried, it was #10-333-55 RESOLVED that, it has been the policy of the City Planning Commission that the recommendations of the Planning Consultant not be distributed to any- one other than members of the Planning Commission and FURTHER that the City Planning Commission at this time feels that they should continue same policy. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr.Lotz, seconded by Mr. Miller and unanimously carried, it was 11VV 41 #10- 334-55 RESOLVED that, City Planning Commission again request joint meeting with City Council at the convenience of the. City Council. the Chairman declared the foregoing resolution adopted. The Chairman appointed the following members of the commission to serve on the following committees: Plat Committee Topsoil Committee Master Plan Committee H. Paul Harsha Peter A. Ventura Robert L. Greene Robert Miller Karle Steinhoff Dallas F. Hay Daniel Lepo The following meetings were scheduled: October 11, 1955 - Study Meeting October 25, 1955 - Study Meeting November 1, 1955 November 15, 1955- Regular Meeting It was suggested by Mr. Miller that the park and school sites located North side of West Chicago Road between Henry Ruff and Sunset Avenues be rezoned from M-1 to R-1-A. Stated that if the park site was released that industry could be established in a residential area with present. zoning. Mr. Ventura read portions of Municipal Planning Commission Act, Act 285, Public Acts of 1931, as amended (Section 125.45.) Upon a motion duly made by Mr. Harsha, seconded by Mr. Lepo and unanimously carried, it was #10-335-55 RESOLVED that, City Planning Commission request written opinion from George D. Haller, City Attorney (1) How long can City of Livonia hold property owner to a designated park and/or school site and (2) Whether or not property located North side of West Chicago Road between Henry Ruff Road and Sunset Avenue could be used for M-1 (Light Industrial) purposes. The Chairman declared the foregoing resolution adopted. The Chairman appointed Messrs. Harsha, Greene and Miller to attend City Council Meetings after October 15, 1955. 42 On a motion duly made by Mr. Ventura, seconded by Mr. Lepo and unanimously carried, this Public Hearing of the City Planning Commission was duly adjourned at 11:11 p.m., October 4, 1955. //;/ Fred Lotz, Secretary ATTESTED: William R. Robinson, Chairman