HomeMy WebLinkAboutPLANNING MINUTES 1956-01-03 MINUTES OF A PUBLIC HEARING
OF THE CITY PLANNING COMMISSION
On January 3, 1956 the above hearing was held by the City Planning Commission
at the City Hall, 33001 Five Mile Road, Livonia, Michigan. Chairman
Willem R. Robinson called the Public Hearing to order at approximately
8:06 p.m.
Members present: Peter A. Ventura H. Paul Harsha Karle Steinhoff
Robert Miller Dallas F. Hay Fred Lotz
Daniel Lepo William R. Robinson
Members absent: Robert L. Greene
George D. Haller, City Attorney was present together with approximately eight
people attending the Public Hearing.
The secretary read Petition No. Z-142 by Henry Koloff and Harold H. and Irene V.
Long requesting that zoning classification of portion of Parcel 21L3 located on
the South side of Five Mile Road approximately 650 feet West of Fairlane Road
in the Northwest 1/4 of Section 21 be changed from AG-B to R-1-A. The secretary
also read letters dated November 14, 1955 from Marie W. Clark, City Clerk;
dated December 14, 1955 from CalvinRoberts, Chief Livonia Fire Department;
dated October 28, 1955 from W. R. McCary, City Engineer; dated November 11, 1955
from E. S. Michelson, Livonia Public Schools and dated November 9, 1955 from
Henry Koloff addressed to Mr. Benton Yates, Livonia Public Schools.. Messrs.
Henry Koloff and Harold Long were present.
Mr. Koloff stated the excepted area is owned by Mr. Long and is occupied by
his house. Stated Mr. Long is in agreement that this can be included in
petition as it will also be used for residential purposes. Stated he would
like to amend his petition accordingly.
Upon a motion duly made by Mr. Miller, seconded by Mr. Lepo and unanimously
carried, it was
#1-1-56 RESOLVED that, Mr. Henry Koloff, Koloff Builders, Inc. be allowed
to amend Petition No. Z-142 by including lot at the Northeast
corner of Parcel 21L3 with a frontage of 130 feet on Five Mile
Road and a depth of 200 feet in the Northwest 1/4 of Section 21
The Chairman declared the foregoing resolution adopted.
Mr. Koloff stated there will be only one through street in his proposed sub-
division. Stated lots will bel/4 acre (135' x 60') and that house will have
three bedrooms, full basement, face brick and will cost approximately $15,000.
Mr. Lotz asked whether Mr. Koloff will avail himself of the proposed sewer.
Mr. Koloff stated he will use proposed sewer.
Mr. Ventura stated he would like to know status of the sewer. Mr. Haller
stated the contracts will be let on Thursday and it is expected that digging
will begin within a week on all five sections.
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Mr. Robinson asked how subdivision lines up with Wayne Road. Mr. Long stated
property is East of Wayne Road and that Wayne Road would not divide property.
Mr. Milton Holley, 14821 Farmington Road objected to granting of petition.
Stated he moved to Livonia on the basis of 1/2 acre lots and that his front
yard is larger than an adverage lot. Stated sewer is not in and that all
easements along Farmington Road have not been obtained. Stated during the
past year he called the Fire Station three times to find out about the low
water pressure. Stated at times there wasn't enough water pressure to get
water from taps on second floor. Mentioned an article in which it was stated
in the East they did not allow enough land in the suburban area and that they
recommend 1/2 acre lots.
Mr. Robinson stated area in question is at least one mile from Farmington Road.
Mr. Koloff stated he did talk to the head engineer at the Wayne County Water
Department and that he was informed that this is one of the few areas where
they do not contemplate trouble. Mr. Koloff stated the adverage lot is to be
66' and that compared to 1/2 acre does not seem large but is a very adequate
lot.
Mr. Ventura stated before he voted on petition he would like to have sub-
stantiated whether there is enough water pressure. Stated Commission should
have written statement that there will be water if this area is changed to
R-l.
Mr. Holley stated he has 3/4" line and that each time pressure is down he is
given a different reason.
Upon a motion duly made by Mr. Ventura and seconded by Mr. Lotz, it was
#1-2-56 RESOLVED that, Petition No. Z-142, as amended by Resolution No.
1-1-56 by Henry Koloff and Harold H. and Irene V. Long request-
ing change of zoning in the Northwest 1/4 of Section 21 from
AG-B to R-1-A be tabled until such time as Commission has written
communication from those persons having control of water supply
that the water supply is adequate.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Ventura, Miller, Hay, Steinhoff, Robinson and Lotz
NAYS: Lepo and Harsha
The secretary read Petition Nn. Z-141 initiated by the City Planning Commission
on its own motion on the question whether or not the zoning classification of
Parcels 35Gla and 35G1b located between Sunset Avenue and Henry Ruff Road and
between Robert Avenue and West Chicago Road in the Northwest 1/4 of Section
35 be changed from M-1 to R-1-A. The secretary read letter dated November 14,
1955 from Marie W. Clark, City Clerk.
Mr. James Taylor, 9903 Milburn stated he has no objection to this change in
zoning and that it is his understanding that area will be used for park pur-
poses. :31
OLS
Mr. Leonard Farber, Rose-Hill Builders, 14201 West Eight Mile Road, Detroit
and Mr. William Yolles, Attorney for Henry Alper were present as owners of
property in question. Mr. Yolles stated that the only reason a transaction
between property owners and Parks and Recreation Department was not completed
was that the City of Livonia lacked sufficient funds. Stated owners did not
request change of zoning because of the comtemplated use. Stated he is
authorized to state that owners have no intention of doing anything with
property at this time. Suggested matter be tabled at least six months in
order to afford Parks and Recreation Department sufficient opportunity to raise
funds. Stated he did not feel zoning should be changed in light of the fact
owners have not tried to develop property.
Mr. Harsha stated that should the City not purchase area for park it can and
might be used for industrial purposes. Asked whether he is correct that
owners wish area to remain M-1. Mr. Yolles stated "yes".
Mr. Yolles stated there has been other property in this area owned also by
Rose-Hill Builders and Henry Alper and that when ready to develop, they have
requested change of zoning. Stated he did not feel at this time, since there
is arrangement between owners and Parks and Recreation Department, that any
change in status should be made.
Mr. Haller stated there is not legal question involved.
Mr. Lotz asked what protection the City has that owners will not build
industrial development. Mr. Yolles suggested that this matter be held for
six months and that in the meantime owners will not do anything with property.
Mr. Ventura asked how long and how far negotiations have progressed. Mr. Far-
ber stated problem came about at the time Devonshire Park was platted. Stated
price has been set and offer is still firm.
Mr. Ventura stated Commission should recommend to City Council that parcel be
purchased as the owners have held property up for reasonable length of time.
Mr. Ventura made the following motion which was seconded by Mr. Lepo and
which was withdrawn after further consideration:
RESOLVED that, City Planning Commission recommend to City Council
that because Rose-Hill Builders and Henry Alper have held Parcel
35Gla since March, 1954 that said parcel be purchased for park
purposes.
Mr. Haller stated in R-1 District parks are permitted whereas in M-1 District
this is not true.
Mr. Hay suggested that the minutes of the meetings held by Planning Commission
regarding this park site be made available for members for their study. Stated
as he recalled a great deal of money was asked for this parcel. Stated
whether parcel is R-1 or M-1 has definite bearing as to cost of site.
Mr. Harsha stated Messrs. Farber and Yolles have not made definite statement
as to why they object to rezoning but that by inference rezoning will down
l[emgrade property. Mr. Yolles stated owners have put all their plans in deep-
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freeze and have not given any consideration to the development of this land
only because the Parks and Recreation Department has indicated they want to
purchase site. Stated owners do not want any change in the status quo.
Upon a motion duly made by Mr. Hay, seconded by Mr. Ventura and unanimously
carried, it was
#1-3-56 RESOLVED that, Petition No. Z-141 initiated by the City Planning
Commission on its own motion on the question whether or not the
zoning classification in the Northwest 1/4 of Section 35 be changed
from M-1 to R-1 A be tabled until February 7, 1956 and that minutes
of meetings pertaining to Devonshire Park Subdivision be prepared
for each member of the Commission for study.
The Chairman declared the foregoing resolution adopted.
Mr. James Coat, 9848 Milburn asked Mr. Yolles whether owners of property
contemplated change in property whether it be done by City of Livonia or
owners. Mr. Yolles stated all owners contemplate doing is selling site to
Parks and Recreation Department.
Mr. Coat stated he would rather have site zoned R-1 than M-l.
Mr. Howard B. Middlewood, Building Inspector arrived at approximately 9:01 p.m.
The Chairman called a recess at approximately 9:01 p.m.
The Chairman called the meeting to order at approximately 9:18 p.m. with all
present as named at beginning and course of meeting.
The secretary read letter dated November 29, 1955 from Calvin Roberts, Chief
Livonia Fire Department regarding legal descriptions for proposed additional
fire stations as requested in Resolution No. 11-375-55.
Mr. Steinhoff stated in his opinion this matter should be presented to
Commission at a Study Meeting with Chief Roberts and Mr. Munson present.
Mr. Lepo stated he had his doubts that this Commission can act upon a definite
site and that he could not see pin pointing site down to exact lot.
Mr. Hay stated that this part of the master plan and the study should be made
by the Master Plan Committee.
Mr. Robinson stated Master Plan Committee (Messrs. Greene, Hay and Robinson)
should meet with Fire Department representatives.
Mr. Ventura stated if site is designated on a corner, a site 400/ in either
direction will not also be held.
Mr. Robinson requested correspondence pondence be forwarded to Master Plan Committee
for their study and that report be made at the Regular Meeting February 21,
1956.
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The secretary read letter dated November 10, 1955 from Marie W. Clark, City
Clerk regarding proposed Nankin Township Ordinance No. 4-X. The secretary
also read letter dated November 23, 1955 addressed to Nankin Township Planning
commission from Bernard E. Hanus, Acting Assistant Committee Clerk, Wayne
County Board of Supervisors.
Upon a motion duly made by Mr. Lotz and seconded by Mr. Harsha, it was
#1-4-56 RESOLVED that, City Planning L'ommission recommend after study-
ing Albe Munsonts report dated December 6, 1955 regarding the
Nankin Township "T" Zoning that all he entails be adopted under
this motion and recommended to the Wayne County Board of
Supervisors.
A roll call ' to on the foregoing resolution resulted in the following:
AYES: Miller, Lepo, Harsha, Steinhoff and Lotz
NAYS: None
NOT VOTING: Ventura, Hay and Robinson
The secretary read letter dated September 21, 1955 from Harry Kirsh, Kirsh
Construction Company regarding proposed subdivision in Southeast 1/4 of
Section 33.
There was a brief discussion regarding the wording of this letter.
The secretary read letter dated November 25, 1955 from Mark T. Jacobson
Vice President, Edward Rose & Sons regarding sidewalks in Chicago Heights
Subdivision.
Mr. Robinson stated Section 4.06, Subdivision Rules and Regulations should be
amended to include proper wording. Stated he lives in the Country Homes Sub-
division and that the block is long and that children will want to cut
through.
Mr. Ventura stated this long block was allowed only because of a technicality
and the use of the words "cross-walk".
Upon a motion duly made by Mr. Hay, seconded by Mr. Lotz and unanimously
carried, it was
#1-5-56 RESOLVED that, City Planning Commission does hereby refer Section
4.06, Subdivision Rules and Regulations "...Where blocks are
more than eight hundred feet long a ten (10) foot cross-walk shall
be provided near the center of the block..." to George D. Haller
City Attorney for preparation of amendment.
The Chairman declared the foregoing resolution adopted.
The secretary read letter dated December 8, 1955 from Harry J. Lyle, Auditor
regarding Requisition No. 3856.
Mr. Harsha asked whether Auditor has any authority over City. Stated
Commission should have something from proper authority.
Mr. Haller stated Auditor hasn't authority that he just looks at the sheets
and tells where various items are placed. Stated if it is a question of
appropriation it is up to the City Council to make decision.
Mr. Hay suggested copy of Resolution No. 11-380-55 adopted by Commission
November 15, 1955 and copy of letter dated December 8, 1955 from Harry J.
Lyle, Auditor be forwarded to City Council with request that they dispose of
matter.
Mr. Ventura stated resolution should be adopted telling Mr. Lyle what
Commission thinks.
Upon a motion duly made by Mr. Ventura and seconded by Mr. Lotz, it was
#1-6-56 RESOLVED that, whereas the City Council of the City of Livonia
did appropriate certain funds for the use of the Planning
Commission of the City of Livonia and WHEREAS there remained in
the Planning Commission 1954-1955 Budget certain unexpended
funds and WHEREAS the Planning Commission by their action of
November 15, 1955 under Resolution No. 11-380-55 that this
money be expended for the following reason:
Item A $780.00
Item B 356.00
Item C 336.00
Item E 36.00
Total $1,508.00
To be paid from 1955 Budget $ 259.00
To be paid from 1956 Budget 1,249.00
Total $1,508.00
be it therefore RESOLVED that the aforementioned funds shall
be used as directed by this Commission and expended for the
payment of Requisition No. 3856.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Ventura, Miller, Lepo, Harsha, Steinhoff, Robinson and Lotz
NAYS' None
NOT VOTING: Hay
The secretary read notice of Appeal Case No. 159 as submitted by David Bzovi
by Robert E. Seelye, Secretary, Board of Appeals. The secretary read portion
of letter dated December 29, 1955 from Louis C. Andrews, Jr., Staff Attorney
Michigan Municipal League addressed to George D. Haller, City Attorney and
letter dated December 15, 1955 from George D. Haller, City Attorney.
Howard B. Middlewood left meeting at approximately 10:03 p.m. and returned at
approximately 10:04 p.m.
Mr. Haller submitted to Commission for their information copy of ordinances
adopted by Royal Oak and Dearborn (Ordinance No. 51-644) regulating Drive-In
Theatres.
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Mr. Harsha asked in view of the fact Zoning Ordinance No. 60 was approved by
referendum vote of the people would there be any difference legally then if it
was just adopted by the vote of the City Council. Mr. Haller stated in his
opinion this would have no legal affect as the City Council could have adopted
Zoning Ordinance No. 60 by delegation. If people adopted Zoning Ordinance
No. 60 directly, it would not have any more validity.
Mr. Ventura read portion of Page 10 of Albe Munson's report dated July 6, 1955
on Drive-In Theatres.
Mr. Haller stated an ordinance should include every type of business that has
same characteristic such as traffic hazards (ball grounds, road side stands,
race track, factories, etc.). Such an ordinance would regulate use of roads.
Suggested private study meeting by Planning Commissionto determine which area
of City would be closed and which area would be opened. After this is
determined, a public meeting could be held.
Mr. Ventura asked how an ordinance adopted at this time would affect
Appeal Case No. 159. Mr. Haller stated petitioner has not made use of land
use and if ordinance was to be adopted it would not be valid non-conforming
use.
Mr. Ventura stated that in Detroit the Planning Commission as well as City
Council must approve location of Drive-In Theatres.
Mr. Howard B. Middlewood left meeting at approximately 10:26 p.m.
Upon a m otion duly made by Mr. Hay, seconded by Mr. Miller and unanimously
carried, it was
#1-7-56 RESOLVED that, Chairman appoint committee to give consideration
to the advisability of recommending to the Council that a
regulatory ordinance be readied to cover Drive-In Theatres and
any other business presenting similar problems.
The Chairman declared the foregoing resolution adopted and appointed
Messrs. Ventura, Hay and himself to comprise committee.
Mr. George D. Haller, City Attorney left meeting at approximately 10:34 p.m.
Upon emotion duly made by Mr. Ventura and seconded by Mr. Miller, it was
#1-8-56 RESOLVED that, statement dated December 1, 1955 from Albe
Munson, Planning Consultant for $508.84 be approved.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Ventura, Miller, Lepo, Harsha, Hay, Steinhoff, Robinson and
Lotz
NAYS: None
Mr. Lotz made the following motion which was seconded by Mr. Steinhoff but
which was later withdrawn after further consideration:
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RESOLVED that, minutes of meetings September 13, September 20,
October 4, October 18 and November 1, 1955 be approved as
presented.
Upon a motion duly made by Mr. Hay, seconded by Mr. Lotz and unanimously
carried, it was
A-9-56 RESOLVED that, minutes of meetings September 13, September 20,
October 4, October 18 and November 1, 1955 be tabled until
January 10, 1956 and FURTHER that Secretary prepare a list of
meetings that each member attended corresponding to these
minutes.
The Chairman declared the foregoing resolution adopted.
Mr. Ventura made the following motion which was seconded by Mr. Miller but
which was withdrawn after further consideration:
RESOLVED that, City Planning Commission at this time on its
own motion hereby provides for a Public Hearing to be held
to rezone Parcels Gla and Glb located on the North sideof
West Chicago Road between Henry Ruff and Sunset Avenue
in the Northwest 1/4 of Section 35 from M-1 to CC and that
notice of said hearing be mailed to the owners of these
parcels by registered mail return receipt.
Upon a motion duly made by Mr. Ventura, seconded by Mr. Harsha and
unanimously carried, it was
#1-10-56 RESOLVED that, the City Planning Commission at this time on
its own motion hereby provides for a P blic Hearing to be
held to rezone portion of Parcels EE and DD located in the
Southeast 1/4 of Section 24 and portion of Parcels CC, BB
and AA located in the Southwest 1/4 of Section 24 from R-3 B
to RUFB and that notice of said hearing be mailed to the
owners of these parcels by registered mail return receipt.
The Chairman declared the foregoing resolution adopted.
On a motion duly made, seconded and unanimously adopted this Public Hearing of
the City Planning Commission was duly adjourned at approximately 10:55 p.m..
January 3, 1956.
Fred A. Lotz, Secretary
ATTESTED:
William R. Robinson, Chairman