HomeMy WebLinkAboutPLANNING MINUTES 1956-01-17 1
MINUTES OF A PUBLIC HEARING, ADJOURNED PUBLIC HEARING
AND THE 65TH REGULAR MEETING OF THE CITY PLANNING COMMISSION
On January 17, 1956 the above meeting was held by the City Planning Commission
at the City 'all, 33001 Five Mile Road, Livonia, Michigan. Chairman William R.
Robinson called the 65th Regular Meeting to order at approximately 8:01 p.m.
Members present: Peter A. Ventura Daniel Lepo Karle Steinhoff
Robert Miller H. Paul Harsha William R. Robinson
Robert L. Greene *Dallas F. Hay Fred A. Lotz
Members absent: None
Lieutenant Bob Perry, Livonia Fire Department was present together with
approximately 60 people attending the Public Hearing, Adjourned Public Hearing
and the 65th Regular Meeting.
The secretary announced that the first item on the agenda was Petition No.
Z-136 by Samuel I. Clark requesting that zoning classification of Parcel
F1F2aGlb and Lot 39, Fitzgerald Gardens Subdivision located on the North side
of Seven Mile Road approximately 200 feet East of Fitzgerald Avenue in the
Southwest 1/4 of Section 5 be changed from AG-B to C-2. Mr. William Gilbride,
Attorney, 3156 Penobscot Building, Det. was present representing the petitioner
There were approximately 35 present objecting to the granting of this petition.
Mr. Leonard J. Grabow, Attorney, 1774 National Bank Building, Det. was present
representing those opposed to Petition No. Z-136.
Mr. Grabow stated as previously pointed out by the Planning Commission in
report dated November 9, 1955 "...the present use of this property is a dance
hall. I see no purpose in perpetuating what could some day be a blight on
residential development. The owner can continue to operate an a nonconform-
ing use as he must have been doing since the adoption of the present zoning
ordinance. The AG-B zoning in this area is a logical land use for this area.
Until such time as we are able to complete our planning studies we should not
haphazardly designate small random commercial zones. This petition should not
be granted." Stated the major portion of property was purchased long after
township zoning ordinance was in effect. Stated this land in the future will
be residential. Stated main reason Commission shouldcbny petition is that it
is a case of spot zoning. Read portion of Michigan Supreme Court Case 345.355
Penny vs. Owens.
Mr. Greene stated that the Consultant was clear in his reasons for advising
against rezoning of the property in question. Stated Consultant is only in an
advisory capacity and all members weigh his recommendations and make their own
decision. Suggested members that voted against denying this petition make
public their reason for so voting.
Mr. Ventura concurred with Mr. Greene.
Mr. Miller asked if there were any residents present in favor of this petition.
No one was present in favor of petition.
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Mr. Robinson stated as one who voted that petition be granted, he voted as trZi
such because there isn't a C-2 District in that area and did not see why there
shouldn't be C-2 area inasmuch as there are many homes in area.
Mr. Steinhoff concurred with Mr. Robinson.
Mr. Lotz stated that in addition to Mr. Robinson's remarks, there have been two
litigations with City of Livonia and County in which petitioner came out
victorious. Statedhe assumed that petitioner would come out victorious in
this one also if taken to Court.
Mr. Joseph Goudeseune, 18840 Suzanna Drive stated in his opinion that is all
the more reason the City Planning Commission should do something about it and
stop them.
Mr. Ben Troge, 37600 Northland Drive stated the last case was withdrawn when
Mr. Clark obtained a license from City of Livonia.
Upon a motion duly made by Mr. Hay and seconded by Mr. Ventura, it was
#1-30-56 RESOLVED that, Fred A. Lotz's testimony regarding Samuel I.
Clark's litigations with City of Livonia and County be
stricken from the record.
A roll callvote on the foregoing resolution resulted in the following:
AYES: Ventura, Miller, Greene, Lepo, Harsha, Hay, Steinhoff and
Robinson
NAYS: Lotz
Mr. Hay asked Mr. Lotz whether he is a member of the square dance organization
of which Mr. Clark is or was a member. Mr. Lotz stated he tried to start a
square dance club at one time.
Mr. Ventura asked Mr. Lotz whether he at any time was closely associated with
Mr. Clark who tried to support a dance group in Mr. Clark's dance hall.
Mr Lotz stated there was a dance group for Melody Manor Subdivision which
group did not last for any more than a month.
Mr. Robinson stated in his opinion this is not pertinent. Mr. Harsha con-
curred.
Mr. Ventura disagreed with Messrs. Robinson and Harsha and stated this matter
is pertinent if it could be shown that a member of Commission has a personal
interest and that member should disqualify himself from any action.
Mr. Robinson stated in his opinion this is neither the time nor the place for
this type of prosecution.
Mr. Ventura stated this is not a type of prosecution, if member won't came
forth and say he is connected with petitioner. Mr. Lotz stated he has no
connection with Samuel I. Clark.
Mr. George D. Hailer, City Attorney arrived at meeting at approximately 8:20 `
p.m.
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Upon a motion duly made by Mr. Miller and seconded by Mr. Greene, it was
#1-31-56 RESOLVED that, pursuant to a Publi2c, Hearing having been held
on November 15) 1955 on Petition No. Z-136 as submitted by
Samuel I. Clark for a change of zofiing in the Southwest 1/4
of Section 5 from AG-B to C-2 the City Planning Commission
does hereby recommend to the City Council that recommendation
dated November 9, 1955 from Albe Munson, Planning Consultant
be followed and Petition No. Z-136 be denied, and
FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian under date of October 27,
1955 and notice of which hearing was sent to The Detroit Edison
Company, The Consumer Power Company, City Departments, Michigan
Bell Telephone Company, Chesapeake & Ohio Railway Company, and
petitioner as listed in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Ventura, Miller, Greene, Harsha and Hay
NAYS: Steinhoff, Robinson and Lotz
NOT VOTING: Lepo
Mr. George D. Haller, City Attorney temporarily left meeting at approximately
8:45 p.m.
The secretary announced that the next item on the agenda was Petition No. Z-133
by Simon S. Kaplan and Irving H. Steinberg, Eskay Homes, Inc. requesting that
zoning classification of Parcel J7 located on the North side of Joy Road
approximately 325 feet West of Henry Ruff Road in the Southwest 1/4 of Section
35 be changed from RUFB to R-1-A. Messrs. Harry Lightstone, Lightstone
Development Company, 7609 Puritan Avenue, Det. and Arthur Hass, Attorney
1910 Buhl Building, Det. were present.
Mr. Hass requested that petition as it appears on agenda be amended to read
petition by Harry Lightstone, Lightstone Development Company rather than
petition by Simon S. Kaplan and Irving H. Steinberg, Eskay Homes, Inc.
Stated there were two petitions filed - Petition No. Z-133 on October 4, ]955
and Petition No. Z-137 on October 18, 1955
Mr. Peter A. Ventura temporarily left meeting at approximately 8:26 p.m. and
returned to meeting at approximately 8:27 p.m.
Mr. Ventura stated Commission is healing Petition by Simon S. Kaplan and
Irving H. Steinberg.
Mr. Hass stated Eskay Homes, Inc. has no interest in property.
Mr. George D. Haller, City Attorney returned to meeting at approximately
8.29 p.m.
Mr. Ventura stated if Eskay Homes, Inc. has no interest in property then
petition as filed is out of order.
Mr. Robinson agreed that Petition No. Z-133 is out of order.
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Omni
Mr. Miller stated the Lightstone Development Company's petition is Petition
No. Z-137 and Commission is hearing Petition No. Z-133 as submitted by Eskay
Homes, Inc.
Upon a motion duly made by Mr. Hay and seconded by Mr. Ventura, it was
#1-32-56 RESOLVED that, pursuant to a Public Hearing having been held
on November 15, 1955 on Petition No. Z-133 as submitted by
Simon S. Kaplan and Irving H. Steinberg, Eskay Homes, Inc. for
change of zoning in the Southwest 1/4 of Section 35 from RUFB
to R-1-A the City Planning Commission does hereby recommend to
the City Council that Petition No. Z-133 be denied inasmuch as
Messrs. Kaplan and Steinberg, Eskay Homes, Inc. are not present
this evening and inasmuch as it has been stated by Harry Light-
stone, Lightstone Development Company (owner of property) has
no interest in property, and
FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian under date of October 27,
1955 and notice of which hearing was sant to The Detroit Edison
Company, Chesapeake & Ohio Railway Company, Michigan Bell Tele-
phone Company, The Consumer Power Company, City Departments and
petitioners as listed in the Proof of Service.
Mr. Hass stated Mr. Lightstone will adopt Petition No. Z-133 as his petition
as he is the owner of parcel in question. Stated they do not wish petition
be denied as it will appear on the records that a petition for change of zon-
ing on this piece of property was denied.
Mr. Robinson asked Mr. Haller if it is possible for Commission to grant request
by Mr. Hass. Mr. Haller stated he has never come across something of this
type. Stated petition is suppose to be made by the owner of the property with
names and addresses of owners given in petition.
Mr. Hass stated Mr. Lightstone is willing to designate Messrs. Kaplan and
Steinberg as his representatives in the filing of this petition.
Mr. Harsha asked whether a conclusion has been reached between Mr. Lightstone
and the Cooper School District regarding school facilities.
Mr. Ventura stated, as a member of the Cooper School Board, that this matter
has not been settled. Stated Commission has letter from Cooper School District
requesting that this parcel be designated as a school site and that according
to law Commission must hold a Public Hearing as to whether or not this should
be designed as a school site. Stated a Public Hearing has not been held to
date.
Mr. Haller stated owner of property could ratify the actions of people he
elected as his agents which Mr. Lightstone has just done.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Ventura, Miller, Greene, Lepo, Hay and Steinhoff
NAYS: Harsha
NOT VOTING: Robinson and Lotz
JJ.Sj
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Mr. Ventura made the following motion which Mr. Miller seconded and which the
Chair ruled as not being necessary:
RESOLVED that, City Planning Commission carry on with the
next item as it appears on the agenda.
The secretary announced that the next item on the agenda was petition by
A. G. Thurman requesting permission to establish used car sales agency on
Parcels F9b and FOc located on the North side of Plymouth Road approximately
1,675 feet West of Merriman Road in the Southeast 1/4 of Section 27. The
secretary read special delivery letter dated January 16, 1956. The petitioner
nor a representative was present.
Upon a motion duly made by Mr. Hay, seconded by Mr. Miller and unanimously
carried, it was
#1-33-56 RESOLVED that, pursuant to a Public Hearing having been held
November 1, 1955 the City Planning Commission does hereby
deny the petition by A. G. Thurman requesting permission to
establish a used car sales agency on Parcels F9b and F9c
located on the North side of Plymouth Road approximately
1,675 feet West of Merriman Road in the Southeast 1/4 of
Section 27, and
FURTHER RESOLVED, notice of the above hearing was sent to
property owners within 500 feet, petitioner and City Depart-
ments as listed in the Proof of Service.
The Chairman declared the foregoing resolution adopted.
The secretary announced that the next item on the agenda was Petition No.
Z-144 as submitted by Mark T. Jacobson, Edward Rose & Sons, Inc. requesting
that zoning classification of portion of Parcel Hla2b located on the Northwest
corner of Inkster and Six Mile Roads in the Southeast 1/4 of Section 12 be
changed from R-1-B and C-1 to C-2. The secretary read letter dated January 17,
1956 from George D. Haller, City Attorney. Mr. Jerry Donohue was present.
representing the petitioner.
Mr. Greene asked whether letter was sent to Redford Township informing them
of this proposed change of zoning. The secretary ascertained that such a
letter was mailed.
Mr. Hay stated there would not be enough time for the Boardto hold a meeting.
Mr. Donald Bachman, 18001 Lathers stated he would like an opportunity to
present this matter to the civic association and residents in area to see
whether or not they are interested in having this change in zoning. Stated
proposed change adjoins Parkview Acres Subdivision.
Mrs. Donald Bachman, 18001 Lathers asked what purpose this commercial area
will be used for. Mr. Donohue presented sketch of proposed shopping center.
Mr. Greene asked the length of time needed by Mr. Bachman. Mr. Bachman
stated he needed only time enough to make inquire of the people in area. Stated
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their next civic meeting is second Friday in.February but that they might be
'"";
able to have a meeting before then.
Mr. Hay suggested petition be tabled as requested in order to give association
opportunity to meet. Stated there was a petition filed four times for change
directly across the street which was denied by this Commission each time.
Asked why the grand rush now.
Mr. Ventura stated a Public Hearing was given and that nothing can be served
by delaying this another meeting. Stated this change would give Livonia added
source of income and no children to area. Also it would bring people into
area from Redford Township which would not be harmful.
Upon a motion duly made by Mr. Hay and seconded by Mr. Steinhoff, it was
#1-34-56 RESOLVED that, Petition No. Z-144 as submitted by Mark T.
Jacobson, Edward Rose & Sons, Inc. for change of zoning in
the Southeast 1/4 of Section 12 from R-1-13 and C-1 to C-2
be tabled until February 7, 1956 to afford Parkview Civic
Association opportunity to further study this petition.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Miller, Greene, Lepo, Hay, Steinhoff and Robinson
NAYS: Ventura, Marsha and Lotz
The Chairman declared a recess at approximately 9:07 p.m.
The Chairman called the 65th Regular Meeting to order at approximately
9:21 p.m. with all present as named at the beginning and course of meeting.
The secretary read letter dated January 13, 1956 requesting approval of final
plat of Hearthstone Subdivision located on the South side of Eight Mile Road
approximately 300 feet East of Parkview Avenue in the West 1/2 of Section 1.
The secretary read letter dated January 17, 1956 from Marie W. Clark, City
Clerk. Mr. Ewing L. Jones was present.
Mr. Jones stated they have installed all sewers and water mains and have let
contracts for paving. Stated paving will be completed as soon as possible.
Mr. Robinson asked whether there have been any changes to plat since
preliminary approval. Mr. Jones stated there have been none except those re-
quested by Commission.
Mr. Ventura stated property is located in the Clarenceville School District
and that at the time preliminary plat was submitted it was requested by
Clarenceville that plat be approved as soon as possible.
Mr. Jones stated at the dedication the park will be dedicated to the City of
Livonia.
Upon a motion duly made by Mr. Ventura, seconded by Mr. Harsha and unanimously
carried, it was
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#1-35-56 RESOLVED that, final plat of Hearthstone Subdivision located on
the South side of Eight Mile Road approximately 300 feet East
of Parkville Avenue in the West 1/2 of Section 1 be given final
approval, and
FURTHER RESOLVED, inasmuch as it appears on the records that
tentative approval of said proposed plat was given by the City
Planning Commission March 15, 1955; and it further appearing
that said proposed plat together with the plans and specification
for improvements have been approved by the Department cf Public
Works under date of March 25, 1955; and it further appearing that
certain improvements have been installed and approved by the City
Engineer under date of December 16, 1955; and it further appearing
that a bond in the amount of $240,250 to cover the installation of
improvements has been filed in the office of the City Clerk under
date of January 9, 1956; such bond having been approved by George
Haller, City Attorney on date of January 17, 1956 it would there-
fore 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.
Upon a motion duly made by Mr. Hay, seconded by Mr. Ventura and unanimously
carried, it was
#1-36-56 RESOLVED that, 65th Regular Meeting be adjourned until
February 7, 1956.
The Chairman declared the foregoing resolution adopted and called the Adjourned
Public Hearing from December 13, 1955 to order.
,The secretary read petition No. Z-140 by Irving Levine, President, Concord
Homes, Inc. requesting that zoning classification of portion of Parcels EE1,
EE2, FF1 and FF2 located 422 feet North of Schoolcraft Road approximately 380
feet West of Merriman Road in the Southeast 1/4 of Section 22 be changed from
RUFB to R-1-A. The secretary read letters dated November 2, 1955 from Marie W.
Clark, City Clerk and letter dated October 11, 1955 from Shirley and Jack
Kiger and stated a similar letter is on filefrom Kathryn and William Burger,
Catherine and George Trinka and Marcella and Edwin Burger. Mr. Irving Levine
was present.
No one was present objecting to petition as presented.
Mr. Miller stated that the Blue Drain as shown will have to be filled.
Mr. Levine stated that there is a petition filed to tile entire drain and that
that portion running through property will be tiled and it is not the intent
that it be open ditch.
Mr. Ventura asked how many acres are involed. Mr. Levine stated approxi-
mately 16 acres under consideration tonight.
Mr. Steinhoff asked the number of homes. Mr. Levine stated that they plan to
develop approximately 400 homes in all. Stated they do not plan to plat nor
build all at one time.
1240.71
Mr. Ventura stated that for uniformity this petition should be granted.
Upon a motion duly made by Mr. Lotz, seconded by Mr. Harsha and unanimously
carried, it was
#1-37-56 RESOLVED that, pursuant to a Public Hearing having been held
at the Adjourned Public Hearing January 17, 1956 on Petition
No. Z-140 as submitted by Irving Levine, President, Concord
Homes, Inc. for a change of zoning in the Southeast 1/4 of
Section 22 from RUFB to R-1-A the City Planning Commission
does hereby recommend to the City Council that Petition No.
Z-140 be granted, and
FURTHER RESOLVED, notice of the above hearing was published
in the official newspaper, The Livonian under date of
November 24, 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.
The Chairman declared the foregoing resolution adopted.
The secretary read petition dated October 25, 1955 as submitted by H. B.
Hollister, Division Construction Engineer, Socony Mobil Oil Company, Inc.
requesting permission to construct a gasoline service station on portion of
Parcel I3a2 located on the Northeast corner of Schoolcraft Road and Eckles
Road in the Southwest 1/4 of Section 19. The secretary read Permit No. 12295
by Board of County Road Commissioners, letter dated December 9, 1955 from
Nicholas Ortopan, 4044 w. Van Buren, Phoenix, Arizona and letter dated
December 8, 1955 from Calvin Roberts, Chief Livonia Fire Department.
Mr. George D. Haller, City Attorney left meeting at approximately 9:43 p.m.
and returned to meeting at approximately 9:44 p.m.
Messrs. H. B. Hollister and Del Walker were present.
Mr. Ventura asked how close the nearest residence was to this proposed gas
station. Mr. Hollister stated approximately 200 feet and Mr. Walker stated
it is more like 300 feet.
Mr. Ventura asked whether that would be to the North of proposed station.
Mr. Walker stated that would be East of Schoolcraft. Mr. Walker stated there
are two homes on Eckles Road.
Mr. Ventura stated it is shown on plan that septic tank and a well will be
used. Mr. Walker stated at the time print was drawn, they weren't aware that
water and sewer were available. Stated they do not intend to use a septic
tank and well.
Mr. Harsha stated there is no way of knowing whether print corresponds to the
right-of-way line as established from the Master Thoroughfare Plan as print
ties in with West bound lane instead of center of Schoolcraft Road.
Mr. Ventura stated he is skeptical that there is a sewer.
it)
Mr. Walker stated that owner of property informed them of this fact.
Upon a motion duly made by Mr. Ventura and seconded by Mr. Lotz, it was
L #1-38-56 RESOLVED that, petition by H. B. Hollister, Division Construction
Engineer, Socony Mobil Oil Company, Inc. requesting permission to
construct a gasoline service station on portion of Parcel 13a2
located on the Northeast corner of Schoolcraft Road and Eckles Road
in the Southwest 1/4 of Section 19 be tabled until February 21,
1956 in order to give Commission opportunity to further investigate
request.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Ventura, Miller, Greene, Lepo, Marsha, Hay, Steinhoff and
Lotz
NAYS: Robinson
Mr. George D. Haller, City Attorney temporarily left meeting at approximately
9:56 p.m. and returned to meeting at approximately 9:57 p.m..
The secretary read Petition No. V-13 by Carl Olson, President, Parkview Acres
Association requesting that all parts of the existing Harrison Avenue right-of
way between Six and Seven Mile Roads in Section 12 be vacated. The secretary
read letters dated October 27, 1955 from Marie W. Clark, City Clerk and dated
December 8, 1955 from W. R. McCary, City Engineer. Mr. Donald Bachman,
18001 Lathers was present.
Mr. Bachman stated that he would like to correct petition in so far as they
wish to amend petition to read 43t Harrison Road from Curtis to Six Mile Roads
be abandoned for street development only and not for sewers etc. Stated this
would affect subdivision only and that in drawing up of the petition they were
not aware of the situation North of Curtis Road.
Mr. Ventura read portion of recommendation dated December 5, 1955 from Albe
Munson, Planning Consultant.
Mr. Bachman stated the property the Planning Consultant is referring to is
located North of Curtis Road. Submitted petition signed by 30 property owners
directly abutting the 431 Harrison Avenue requesting that right-of-way for
street development be abandoned. Stated owner of Lots 129 and 130 did not
sign petition as he was unable to contact them.
The secretary read petition as submitted by Mr. Bachman.
Mr. Greene referred to Mr. Munson's recommendation in regard to Carol Street..
Lieutenant Bob Perry stated the Fire Department requests that all half mile
roads running East-West and North-South be kept open and that none be abandoned
or blocked.
Mr. Donald Wilson temporarily left meeting at approximately 10:09 p.m.
Mr. Ventura asked whether the cemetery goes as far North as Curtis Road.
Mr. Bachman stated cemetery property ends at the rear of Lot 99, Parkview
Acres Subdivision.
12tF•
Mr. Miller stated at the North end of Carol there is an opening into the
cemetery which they are using.
Mr. Bachman stated a fence extends to the rear of Lot 99 and that the
cemetery owns Lot 130, Parkview Acres Subdivision. Stated he was verbally
informed by Cemetery Authority that they are not objecting to the vacating of
Harrison and that they are in favor of it.
Mr. Miller asked whether the cemetery would be willing to give up some of
their property (lot 130) so that a cul-de-sac could be provided. Mr. Bachman
stated the cemetery would haveto be contacted and that he would not be in a
position to say.
Mrs. Bachman asked how they got in there now. Mr. Miller stated Commission
has to think of the future.
Mr. Bachman stated Lots 128 and 129, Parkview Acres Subdivision are not built
on.
Mr. Greene referred to Mr. Munson's recommendation regarding cemeteries being
practically inviolate in the courts. Asked Mr. Haller what the difficulty
would be in obtaining the 43 feet.
Mr. Haller statedthat consultant may be speaking a little broadly. Stated he
did not think it is above the law. Stated if there has been a dedication of
the half street to the City of Livonia in the recording of the plat, then the
City of Livonia owns the part that is being requested be vacated. Stated if
in the future the City of Livonia develops the West side then City of Livonia
would have to buy back part that is being given away at this time.
Mr. Bachman stated the terrain does not lend itself to easy development of
the road and that there is a small damned lake.
Mr. Ventura referred to Item No. 2 in the letter dated December 8, 1955 from
the City Engineer.
Mrs. Bachman gave a brief history of the reason for this request. Stated people
are using it as a public thoroughfare and that they are unable to ask them
to leave because it is public property. Stated they are concerned that someone
will drown in the lake. Stated they do not ask that street be vacated but ask
that it be abandoned for street purposes. Stated if people were told that
street was abandoned then they would develop their property to include the 43?
Mr. Ventura asked how long ago this subdivision was platted. Mrs. Bachman
stated Parkview Acres was platted in 1941. State d public has been using this
easement.
Mr. Bachman stated it is largely foot traffic.
Mr. Haller stated in order to vacate this street it would have to be shown
that the public interest was satisfied or benefited under this section.
Mr. Ventura asked whether Commission is well enough informed to argue
recommendation of the City Engineer.
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Upon a motion duly made by Mr. Ventura and seconded by Mr. Lepo, it was
#1-39-56 RESOLVED that, pursuant to a Public Hearing having been held at
the Adjourned Public Hearing on January 17, 1956 on Petition
No. V-13 as submitted by Carl Olson, President, Parkview Acres
Association requesting that all parts of the existing Harrison
Avenue right-of-way located between Six Mile and Seven Mile
Roads in Section 12 the City Planning Commission does hereby
recommend to the City Council that Petition No. V-13 be denied
because of the recommendation dated December 8, 1955 from W. R.
McCary, CityEngineer and the verbal recommendation from
Lieutenant Bob Perry, Livonia Fire Department that all half
mile roads running East-West and North-South be kept open and
that none be abandoned or blocked, and
FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian under date of November 24,
1955 and notice of which hearing was sent to The Detroit Edison
Company, Chesapeake & Ohio Railway Company, Michigan Bell Tele-
phone Company, petitioner, City Departments and abutting
property owners as listed in the Proof of Service.
A rollcall vote on the foregoing resolution resulted in the following:
AYES: Ventura, Miller, Greene, Lepo and Robinson
NAYS: None
NOT VOTING: Harsha, Hay, Steinhoff and Lotz
Mr. Harsha stated he did not vote because in his opinion he is not well enough
informed.
Lieutenant Bob Perry, Livonia Fire Department left meeting at approximately
10:30 p.m.
The Chairman called a recess at approximately 10:29 p.m.
The Chairman called the meeting to order at approximately 10:45 p.m. with all
*present as named at the beginning and the course of meeting except Mr. Dallas
F. Hay who was excused at approximately 10:45 p.m.
Upon a motion duly made by Mr. Lotz, seconded by Mr. Steinhoff and
unanimously carried, it was
#1-40-56 RESOLVED that, Adjourned Public Hearing be adjourned.
The Chairman declared the foregoing resolution adopted and called the
Public Hearing to order.
The secretary announced that the first item on the agenda was Application TAll
by Kenneth Kerbyson requesting permission to remove topsoil from Parcel C
located on the West side of Middlebelt Road approximately 1,300 feet South of
Five Mile Road in the Northeast 1/4 of Section 23. The secretary read letters
dated January 16, 1956 from Rex Harmon, Harmon & Crain; dated November 18, 1955
from Charles 0. Crain, Harmon & Crain; dated December 5, 1955 from William G.
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C-
Sharpe, Supt. of Public Works; dated January 3, 1956 from Benton Yates,
Supt., Livonia Public Schools and dated January 4, 1956 from Robert Baum—
gartner, Livonia Police Department and portion of application. Mr. Kerbyson
was present.
Mr. Kerbyson stated when land is further developed he will then ask to pile
dirt and there will not be blowing of dirt.
Mr. Charles Pollock, 30505 Hoy, President, Green Acres Subdivision Civic
Association stated he did not see why petition should be tabled and that in
his opinion it should be denied. Stated there have been no major changes
since petition was denied October 18, 1955. Stated until property is zoned
and builders are ready to go in petition should be denied.
Mr. Harold Crout, President, Schoolcraft Manor Civic Association agreed with
Mr. Pollock.
Mr. Greene asked Mr. Haller whether it would be within province of Commission
to deny petition in view of letter from Mr. Rex Harmon. Mr. Haller stated
attorney is not present tonight to be heard and he expects request be honored.
Stated he thought it would be unjust to hear petition if petitioners have
requested adjournment.
Mr. Alfred Kaestner, 30460 Lyndon stated he visited site and that he could not
find any topsoil to remove. Stated it appeared to him to be just dust and
blow sand.
There were approximately 12 present objecting to petition as presented.
Mr. Arthur Fisher, 30408 Hoy stated residents have had no chance of
notification of postponement. Requested petition be heard and acted upon
tonight.
Mr. Haller stated if Commission is going to be consistent, it should table
this application as requested by petitioner as it tabled Petition No. Z—.1
44
as requested by residents.
Mr. Harold Thomas, 14925 Middlebelt Road stated he has too much at stake and
that petition should not be granted.
Mr. Ventura asked Mr. Haller how many times petition can be denied before it
is died. Mr. Haller stated there is no limit as there is always the
supposition that there is a change in circumstances.
Mr. Harsha asked Mr. Haller if Commission denied petition and Mr. Kerbyson
went to Court, could the Court say petitioner was denied hearing before this
board. Mr. Haller stated Court could say that petitioner requested
adjournment of hearing and that they were not given hearing they expected
and that item was denied in their absence.
Mr. Lotz asked Mr. Haller about request from Livonia Schools. Mr. Haller
stated property is still owned by private individual and if he intends to
make use of property he must present the matter before this Commission.
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This Commisdon has pOwer to hold up application if the use might interfere
with park or school. Stated this might include the power to restrain owner
from removing topsoil for a reasonable time to give City of Livonia and
Livonia Public Schools an opportunity to purchase sites.
Mr. Fisher informed Mr. Haller that petition for change of zoning has been
presented to Commission twice and both times petition was denied; therefore
there has not been change in circumstances. Mr. Haller stated applicant has
opportunity to be heard. Stated Commission cannot decide question before
petitioner is heard.
Mr. Greene asked Mr. Haller how many more times petitioner can request
adjournment if this request is honored. Mr. Haller stated petitioner could
ask for adjournment as many times as he wants to but that he did not think
Commission would be required to grant any more than one request for adjourn-
ment.
Upon a motion duly made by Mr. Lepo and seconded by Mr. Miller, ,it was
RESOLVED that, pursuant to a Public Hearing having been held
the City Planning Commission does hereby deny the Application
TAll by Kenneth Kerbyson to remove topsoil from Parcel C
located on the W st side of Middlebelt Road approximately
1,300 feet Southeof Five Mile Road in the Northeast 1/4of
Section 23 since conditions have remained the same as when
petition was previously denied October 18, 1955.
Mr. Steinhoff stated in his opinion petition should be tabled.
Mr. Ventura stated that in line with Mr. Haller's reasoning believed that
the first motion should be whether or not the request of Rex Harmon, Attorney
should be honored.
Mr. Greene asked Mr. Haller whether he suggested that this might jeopardize
Commission's case. Mr. Haller stated case is decided on the facts but it
might prejudice the person who is trying case.
Mr. Ventura asked Mr. Haller whether it is prerogative of Commission not to
grant Mr. Harmon's request. Mr. Haller stated that is within Commission's
power.
Mr. Robinson ruled Messrs. Lepo and Miller motion out of order in favor of
motion to either grant or deny request by Mr. Harmon for adjournment.
Upon a motion duly made by Mr. Ventura and seconded by Mr. Greene, it was
RESOLVED that, request dated January 16, 1956 by Mr. Rex
Harmon, Attorney that Application TAll by Kenneth Kerbyson
for permit to remove topsoil located on Parcel C situated
on the West side of Middlebelt Road approximately 1,300
feet South of Five Mile Road in the Northeast A of
Section 23 be adjourned without day not be granted because
the circumstances to Commission's knowledge have not changed
since the last petition was denied October 18, 1955.
10 1�?
A roll call vote on the foregoing resolution resulted in the following: ne
AYES: Ventura, Miller, Greene and Lepo
NAYS: Harsha, Steinhoff, Robinson and Lotz
Upon a motion duly made by #r. Steinhoff and seconded by Mr. Harsha, it was
RESOLVED that, request dated January 16, 1956 by Mr. Rex
Harmon, Attorney that Application TAll by Kenneth Kerbyson
for permit to remove topsoil located on Parcel C situated
on the West side of Middlebelt Road approximately 1,300
feet South of Five Mile Road in the Northeast 1/4 of
Section 23 be adjourned without day be honored.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Harsha, Steinhoff and Robinson
NAYS: Ventura, Miller, Greene, Lepo and Lotz
Upon a motion duly made by Mr. Lepo and seconded by Mr. Miller, it was
#1-41-56 RESOLVED that, pursuant to a Public Hearing having been held
the City Planning Commission does hereby deny Application TAll
as submitted by Kenneth Kerbyson requesting permission to
remove topsoil from Parcel C located on the West side of
Middlebelt Road approximately 1,300 feet South of Five Mile
Road in the Northeast 1/4 of Section 23, and
FURTHER RESOLVED, notice of the above hearing was sent to
the property owners within 500 feet, petitioner, City
Departments as listed in the Proof of Service and
recanmendation having been obtained from the Department of
Public Works under date of December 5, 1955 and from the
Police Department under date of January 4, 1956.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Ventura, Miller, Greene, Lepo and Lotz
NAYS: Harsha, Steinhoff and Robinson
The secretary announced that the next item on the agenda was Application TA12
by Samuel N. Zack requesting permission to remove topsoil from Parcel F4H
located between Schoolcraft Road and C & 0 Railway approximately 2,525 feet
West of Stark Road in the Northwest 1/4 of Section 28. The secretary read
letters dated January 4, 1956 from Sergeant Robert Baumgartner, Livonia Police
Department and dated December 5, 1955 from William G. Sharpe, Supt. of Public
Works. Messrs. Norris A. Host and Samuel N. Zack were present.
Mr. Zack stated that there are parts of this land that are very high which
will be brought down to the required level and there are also parts that are
low. Stated he would replace the low spots and make entire parcel level and
up to grade.
Mr. Ventura asked Mr. Zack whether the circumstances have changed since the a.
previous petition was denied by Commission August 9, 1955. Mr. Zack stated he
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did not know why previous petition was denied and that he was at the second
meeting but not at the first.
Mr. Ventura stated in his opinion circumstances have not changed and that
there are still low areas in parcel. Stated decision of Commission
August 9, 1955 should be readopted.
Mr. Zack stated as fill dirt is removed he will bring back other fill dirt.
Mr. Host stated the request is to remove sand and not topsoil as stated on
agenda. Stated 1954 he was requested by Commission to find out how much soil
it would take to bring area 1' above grade. Stated 50,000 yards didn't
behoove him to do anything with property at that time. Stated in 1955 he
offered to bring in mineral clay soil at which time application was denied but
a reason for denial was not given. Stated he consulted an attorney and he
(attorney) advised what should be done and property owners are here attempting
to obtain a permit.
Mr. Ventura stated Commission has had promises before and named several
locations that had been left in poor condition. Stated Commission does not
have a follow-up and that it is left to Building Department to follow up
such matters.
Mr. Donald Wilson stated he had never released a bond and that he has not
seen a piece of property which follows zoning ordinance. Stated D.P.W. have
been going out and making a grade survey a copy of which is given to his
department.
Mr. George D. Haller, City Attorney was excused from meeting at approximately
11:25 p.m.
Mr. Host stated he had permit for sand removal on parcel that adjoins the
property in question. Stated he posted bond and that within nine months he
was finished and bond was released.
Mr. Zack stated mineral clay will grow grass. Mr. Wilson stated area will
blow in summer.
Mr. Ventura stated according to topographic survey at least 1/2 of parcel is
below grade. Stated he visited site and it didn't look bad but that there is
brush.
Mr. Donald Wilson, Chief Inspector left meeting at approximately 11:27 p.m.
No one was present objecting to application as presented.
Mr. Host suggested a cash bond be posted. Mr. Robinson stated this is not
under this Commission's jurisdiction.
Mr.Zack stated there are no houses in immediate area.
Mr. Ventura stated there are some homes on the East side of the street near to
this property.
Mr. Miller asked what could be done to have other departments follow through
on applications that are granted. Mr. Robinson stated he believed it is the
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duty of the Mayor to see that other departments fulfilled their duties.
Mr. Ventura stated this Commission has not control over the Building Depart—
ment which is required to enforce the Zoning Ordinance with the help of the
Y:-
Police Department.
Mr. Robinson suggested matter be tabled until item of jurisdiction can be
checked into.
Mr. Miller suggested a meeting be held with other departments at which time
these things could be worked out. Mr. Robinson stated this is duty of Mayor;
there f ore meeting would have to be with Mayor.
Mr. Ventura stated conditions have not changed; therefore Commission should
not change their decision of August 9, 1955. Mr. Host stated he contends
the conditions have changed. Stated he is not interested in having application
tabled but is interested in having application acted upon.
Mr. Miller asked what conditions have changed. Mr. Host stated at the last
meeting they were not given a reason why application was denied. Stated he
thought application was denied because of lack of exercise of performance
bond.
Mr. Ventura asked Mr. Host whether he was ever given a ticket in the City of
Livonia.for removing sand without having a permit. Mr. Host stated he was not
removing sand.
Upon a motion duly made by Mr. Ventura and seconded by Mr. Steinhoff, it was
#1-42-56 RESOLVED that, pursuant to a Public Hearing having been held
the City Planning Commission does hereby deny Application
TA12 as submitted by Samuel N. Zack requesting permission to
remove topsoil from Parcel F4H located between Schoolcraft
Road and C & 0 Railway approximately 2,525 feet West of Stark
Road in the Northwest 1/4 of Section 28 because there has
been no change in circumstances since the last time petition
was denied August 9, 1955 and that by the topographic survey
dated April 12, 1954 at least 1/2 of the area is below grade,
and
FURTHER RESOLVED, notice of the above hearing was sent to
property owners within 500 feet, petitioner, City Departments
as listed in the Proof of Service and recommendations having
been obtained from the Department of Public Works under date
of December 5, 1955 and from the Police Department under date
of January 4, 1956.
Mr. Greene asked Mr. Host whether he would bring low level up to grade and
whether he intended to seed area. Mr. Host stated he would seed the area
and bring it up to grade.
Mr. Host stated he did not remove sand as stated by Mr. Ventura but that he did
move power crain onto parcel. Stated power.crain was moved onto parcel to
move sand but not on his authorization. Stated owner informed him that he
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had permit to remove sand.
Mr. Ventura asked Mr. Zack whether he was going to remove sand. Mr. Zack
stated he is asking for a permit to have sand removed but that machinery
is not owned by him.
Mr. Steinhoff asked How Mr. Zack could abide by rules of Zoning Ordinance if
equipment is not owned by him. Mr. Zack stated he would be responsible.
Mr. Steinhoff stated it is the responsibility of the person removing sand.
Mr. Ventura referred to portion of Section 4.13, Zoning Ordinance, No. 60
A roll call vote on Resolution No. 1-42-56 resulted in the following:
AYES: Ventura, Miller, Lepo and Steinhoff
NAYS: Greene, Harsha and Robinson
NOT VOTING: Lotz
Upon a motion duly made by Mr. Miller, seconded by Mr. Greene and unanimously
carried, it was
#1-43-56 RESOLVED that, City Planning Commission adopt policy to notify
adjoining communities and cities of any zoning changes border-
ing that municipality.
The Chairman declared the foregoing resolution adopted.
I[:
On a motion duly made by Mr. Lotz, seconded by Mr. Lepo and unanimously
carried, this public hearing of the City Planning Commission was duly
adjourned at approximately 11:45 p.m., January 17, 1956.
Fred A. Lotz, Secretary
ATTESTED:
William R. Robinson, Chairman