HomeMy WebLinkAboutPLANNING MINUTES 1956-05-15 5,),/rOs
I:.INUTES OF A PUBLIC HEARING AND THE 68th REGULAR
MEETING OF THE CITY PLANNING COMMISSION
On hay 15, 1956 the above hearing 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 approximately 8:06 p.m.
Members present: Robert L. Miller Daniel Lepo William R. Robinson
Robert L. Greene Fred A. Lotz
Members absent: *Karle Steinhoff
H. Paul Harsha
Lieutenant Bob Perry, Livonia Fire Department was present together with approxi-
mately 45 people attending the Public Hearing and the 68th Regular Meeting.
The secretary announced that the first item on the agenda was Petition No.
Z-168 initiated by the City Planning Commission on its own motion on the
question whether or not Zoning Ordinance No. 60 should be amended by adding
thereto Section 11.17 entitled "Drive-In Restaurants ". The secretary read
letter dated May 15, 1956 from George E. Harmon, Chief, Livonia Police Depart-
ment and dated May 15, 1956 addressed to Chief Harmon from Sergerant Robert C.
Baumgartner.
Mr. James Butcher, 16750 Middlebelt Road stated lack of control of Drive-Ins
has been a sore spot. Stated he would rather have drive-in restaurants pro-
hibited completely in the City of Livonia. Because drive-in should be kept
under observation 24 hours a day, City would need at least two Police Officers
for every drive-in over and above present staff.
*Mr. Karle Steinhoff arrived at approximately 8:10 p.m.
Ir. Butcher stated he is decidedly opposed to drive-ins as they are public
nuisance to neighborhood and no benefit for tax purposes. Suggested that if
drive-ins are allowed that if they are located within 1,000 feet of
residential area that every night except Friday and Saturday they close at
11:00 p.m. as part of their license.
Iir. John Oestrike, 11421 Inkster Road submitted 95 additional signatures of
residents favoring control recommended in Petition No. Z-168. Stated Zoning
Ordinance should be amended to give residents more protection from a business
of this type. Because it is a legitimate business, they are aware that
Commission cannot prohibit such a use. Stated there are places where drive-ins
are located in City of Livonia where they are isolated from residential area.
The secretary read amendment as proposed in Petition No. Z-168.
Mr. Thomas Mechan, 11421 Cardwell agreed with Mr. Oestrike that drive-in
restaurants should be prohibited until approved by City Planning Commission.
Upon a motion duly made by Mr. Lotz, seconded by Mr. Miller and unanimously
carried, it was
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t1 1
;75-1.54-56 RESOLVED that, pursuant to a Public Hearing having been held ,
ort
on Petition No. Z-168 as initiated by the City Planning
Commission on its own motion on the question whether or not
Zoning Ordinance, No. 60 should be amended by adding thereto
Section 11.17 entitled "Drive-In Restaurants" the City Plan-
ning Commission does hereby recommend to the City Council
that Petition No. Z-168 be granted, and
FURTHER RESOLVED, notice of the above hearing was published
in the official newspaper, The Livonian under date of April 26,
1956 and notice of which hearing was sent to The Detroit Edison
Company, Chesapeake & Ohio Railway Company, Michigan Bell Tele-
phone Company, The Consumer Power Company, and City Departments
as listed in the Proof of Service.
The Chairman declared the foregoing resolution adopted.
The secretary read Petition No. Z-159 by Charles T. and Ada P. Goslin, et al
requesting that the zoning classification of Parcels 03A27, 03A28, 03A1,2a
and 03A2b located on the South side of Eight Mile Road approximately 450 feet
East of Osmus Avenue in the Northeast 1/4 of Section 3 be chanced from RUFB to
M-1. The secretary also read letter dated April 17, 1956 from Calvin Roberts,
Chief Livonia Fire Department. Mr. Charles T. Goslin was present.
Mr. Goslin stated he discussed this proposed change with the neighbors and they
did not have any objection.
Mr. Miller stated property was described in Mr. Munson's recommendation as
located on the West side of Osmus whereas it is located East of Osmus
Stated he looked at wrong location.
Er. Goslin stated property is 520' wide and 660' deep and tat existing M-1
District covers first 300'.
Messrs. Harry Rowe, 21753 Powers Road, Farmington and Stanley Putterbaugh,
19438 Glenmore, Detroit were present.
No one was present opposed to petition as presented.
Mr. Lotz stated change will create spot zoning.
Upon a motion duly made by Er. Lotz, seconded by Mr. Lepo and unanimously
carried, it was
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f5- -56 RESOLVED that, pursuant to a Public Hearing having been held
on Petition No. Z-159 as submitted by Charles T. and Ada P.
Goslin, et al for change of zoning in the Northeast 1/4 of
Section 3 from RUFB to M-1 the City Planning Commission does
hereby recommend to the City Council that Petition No. Z-159
be denied because existing M-1 District in area is uniform
and this would create spot zoning, and extending existing M-1
District will make surrounding RUF District undesirable for
residential use, and
FURTHER RESOLVED, notice of the above hearing was published
in the official newspaper, The Livonian under date of April
19, 1956 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 announced that the next item on the agenda was Petition No.
Z-160 by Arthur, Dave and Leo Pollack requesting that the zoning classification
of portion of Parcel 12E2 located between Middlebelt Road and Harrison Avenue
approximately 800 feet South of Pickford Avenue in the West 1/2 of Section 12
be changed from RUFB to R-1-B. Messrs. Arthur and Leo Pollack were present
Mr. Leo Pollack stated they request change because of high cost of putting
improvements into large lots. Stated they intend to put in water, sewer and
streets.
Yr. Lepo asked number of acres involved. Mr. Arthur Pollack stated 30 acres.
Nr. Robinson asked whether drain will be covered. Mr. Arthur Pollack stated
something will have to be worked out.
kr. Lepo asked whether communication is on file from Parks and Recreation
Department. The secretary ascertained that a commu. ation had not been
received from Parks and Recreation Department.
Mt. Lepo asked type of homes to be built. Mr. Arthur Pollack stated he could
not answer that as they are not sure. Stated homes will conform with
existing homes.
Mr. Robinson asked size of existing homes in area. kr. Arthur Pollack stated
East of Harriss n Avenue homes arvlarge and that homes North of parcel
vary but majority are over 1,000 square feet.
Mr. Greene stated in her. Munson's recommendation he suggests petition be
amended from R-1-B to R-1-A. kr. Arthur Pollack stated they are willing to
amend petition if Commission wishes.
Upon a motion duly made by Mr. Lepo, seconded by Mr. Miller and unanimously
carried, it was
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#5_±.56-56 RESOLVED that, Messrs. Arthur and Leo Pollack be allowed to
verbally amend Petition No. 'Z-160 as submitted by Arthur,
Dave and Leo Pollack for change of zoning in the West 1/2 of
Section 12 from RUFB to R-1-B to read R-1-A instead of R-1-B.
The Chairman declared the foregoing resolution adopted.
Mr. Greene stated Mr. Munson also points out in his recommendation that the
topography will tend to make it inefficient to.lotting. Mr. Arthur Pollack
stated they do not have preliminary plans as to plotting.of parcel. Stated
they have not gone too much into engineering of parcel.
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No one was present objecting to petition as submitted.
Upon a motion duly made by Mr. Greene, seconded by Yr. Steinhoff and unanimously
carried, it was
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#5-±.5 -56 RESOLVED that, pursuant to a Public Hearing having been Held
on Petition No. Z-160 as submitted by Arthur, Dave and Leo
Pollack for change of zoning in the West 1/2 of Section 12
from RUFB to R-1-B the City Planning Commission does hereby
recommend to the City Council that Petition No. Z-160 be
granted as amended by Resolution No. 5-156-56, and
FURTHER RESOLVED, notice of the above hearing was published
in the official newspaper, The Livonian under date o" April
19, 1956 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 petitioners 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.
-161 by Motor Equipment Corporation requesting that the zoning classification
of Lots 1, 2, 3, 4, 5 and 6, Broadmoor Acres Subdivision located on the
Southwest corner of Amrhein Road and Levan Road in the Southwest 1/4 of
Section 29 be changed from i•-1 to M-2. The secretary read letter dated
April 17, 1956 from Calvin Roberts, Chief Livonia Fire Department, Messrs.
Jerome Ash, 18474 Cherrylawn, Detroit (representing petitioner) and John
Crandell, Northville (representing fee owners) were present.
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Mr. Ash stated he has entered into an agreement to purchase property if it can
be rezoned. Stated he intends to do light assembly work and that their plans
are to put in heavy equipment as plant developes. Stated they wish to be sure
that when they reach point of expansion they will be able to. Stated they will
do stampings with presses and that 13, 14 and 15 gage steel will be used.
Yr. Miller pointed out to Commissioners that Petition No. Z-156 as submitted
by Floyd Rice was recently denied by Commission.
No one was present opposed to petition as presented.
Upon a motion duly made by Mr. Lepo and seconded by hr. Greene, it was
#5- -56 RESOLVED that, pursuant to a Public]Hearing having been held
on Petition No. Z-161 as submitted by Motor Equipment Company
for a change of zoning in the Southwest 1/4 of Section 29
from M-1 to M-2 the City Planning Commission does hereby
recommend to the City Council that Petition No. Z-161 be
granted, and
FURTHER RESOLVED, notice of the above hearing was published
in the official newspeer, The Livonian under date of
April 19, 1956 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.
{
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A roll call vote on the foregoing resolution resulted in the following:
AYES: Miller, Greene, Lepo, Robinson and Lotz
ILNAYS: Steinhoff
The secretary announced that the next item on the agenda was Petition No.
Z-162 by Gladys H. and William Biegert, et al requesting that the zoning
classification of Parcels 18M1, 18M2 and portion of 18M3 located on the
Northwest corner of Five Mile Road and Newburg Road in the Southeast 1/4 of
Section 18 be changed from AG-B to R-1-A. Mr. Clarence Charest, Attorney
33636 Five Mile Road was present representing petitioners.
The secretary read letter dated March 19, 1956 from Benton Yates, Supt.
Livonia Public Schools.
Mr. Charest stated clients propose to proceed with building as soon as water
and sewer facilities are availahb.
Mr. Cann, 14475 Newburg stated in Zimmerman's and Porter's Schoolcraft Estates
Subdivision there is a pattern already set whereby the lots are 100' wide
except for lots on Schoolcraft Road which are 75t side. Stated building line
from the side line is 10' on each lot.
Mr. Charest stated homes will be three bedrooms with approximately 1,100
square feet. Stated subdivision mentioned by Mr. Cann is located 1/2 mile
South of area in question. Stated immediately surrounding parcel in question
is farm land.
E Mr. Lotz asked the number of homes to be built. Mr. Charest stated approxi-
mately 450.
Mr. Greene stated the Planning Consultant questions the corner being zoned
C-2 and that it should be included in R-1 zoning.
Mr. Charest stated he believed clients wish to establish commercial on corner
and to his knowledge clients do not wish to rezone C-2 area.
Mr. Miller stated a fire station site is located 366' North of Five Mile Road
on the West side of Newburg Road.
Mr. Robinson questioned whether the Wayne County Interceptor is adequate for
new subdivision. Suggested a letter from Wayne County be secured by
petitioner stating that Wayne County Interceptor will have facilities to
accept sewerage from subdivision.
Mr. Charest stated he recalled a previous meeting where Mr. George Haller
mentioned that he had been advised by Wayne County Engineers that the pro-
posed sewer for City of Livonia was adequate totake care of any sewer
extending out to Westerly limits of City.
Mr. Greene asked whether he understood correctly that there was an agreement
for school facilities in area. Mr. Charest stated client has agreed to do
ILanything necessary.
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Upon a motion duly made by Mr. Lotz, seconded by Yr. Greene and unanimously
carried, it wasV
#5-1.59-56 RESOLVED that, Petition No. Z-162 by Gladys H. and
William Biegert, et al requesting change of zoning
in the Southeast 1/4 of Section 18 be tabled in
order to provide opportunity for petitioners to
secure letter from Wayne County Road Commissioners
that the Wayne County Interceptor serving Livonia
will be adequate to accept sewerage and to give
consideration to including existing C-2 area in
petition.
The Chairman declared the foregoing resolution adopted and called a recess
at approximately 9:14 p.m.
The Chairman called the Public Hearing to order at approximately 9:26 p.m.
with all present as named at the beginning and course of meeting.
The secretary announced that the next item on the agenda was Petition No.
Z-165 by Gordon-Begin Investment Company requesting that the zoning
classification of portion of Parcel 24BB located on the North side of School-
craft Road 1,300 feet East of Middlebelt Road in the Southwest 1/4 of
Section 24 be changed from RUFB to R-1-A. Messrs. Harold Gordon and Louis
Begin were present.
Mr. Gordon stated parcel in question adjoins piece of property that was re-
zoned under Petition No. Z-146,132a.
No one was present opposed to petition as presented. :31
Mr. Gordon stated an agreement has been made with School Board. Stated R-3
and C-2 areas have been excepted from petition.
Upon a motion duly made by Mr. Steinhoff, seconded by Mr. Lepo and unanimously
carried, it was
#5-'1-6056 RESOLVED that, pursuant to a Public Hearing having been
held on Petition No. Z-165 as submitted by Gordon-Begin
Investment Company for a change of zoning in the South-
west 1/4 of Section 24 from RUFB to R-1-A the City
Planning Commission does hereby recommend to the City
Council that Petition No. Z-165 be granted, and
FURTHER RESOLVED, notice of the above hearing was
published in the official newspaper, The Livonian
under date of April 19, 1956 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
petitioners as listed in the Proof of Service.
The Chairman declared the foregoing resolution adopted.
257
The secretary read Petition M-9 by G. Brown, Vice President, Bill Brown Sales
Inc. requesting permission to erect pole sign 35t above grade with 24" letters
reading "Bill Brown" on parcel 27F3b located on the North side of Plymouth
Road approximately 2,225 feet West of Merriman Road in the Southeast 1/4 of
Section 27. Mr. Walter T. Hall, 35136 Five Mile Road, Detroit was present
representing the petitioner.
No one was present objecting to petition.
Mr. Lepo asked whether sign would be located on the corner of the building.
Mr. Hall stated it would be on the corner of the showroom within 16" from
building line.
Mr. Steinhoff questioned whether it would project more than 15" over right-of
way. Mr. Hall stated it won't go beyond 16" of building line
Mr. Hall stated sign will be rose neon.
Mr. Miller asked whether sign would be flashing. Mr. Hall stated it would not.
Upon a motion duly made by Mr. Lepo, seconded by Mr. Miller and unanimously
carried, it was
1QI
#5-161-56 RESOLVED that, pursuant to a Public Hearing having been
held the City Planning Commission does hereby grant
Petition M-9 by G. Brown, Vice President, Bill Brown
Sales, Inc. requesting permission to erect pole sign 35?
above grade with 24" letters reading "Bill Brown" on
Parcel 27F3b located on the North side of Plymouth Road
approximately 2,225 feet West of Merriman Road in the
Southeast 1/4 of Section 27 subject to verbal
recommendation of Lieutenant Perry, Livonia Fire Depart-
ment that pole be bonded with a ground conductor into a
driven ground rod, and
FURTHER RESOLVED, notice of t e above hearing was sent
to property owners within 500 feet, petitioner, City
Departments aslisted in the Proof of Service.
The Chairman c clared the foregoing resolution adopted.
The secretary announced that the next item on the agenda was Petition M-11
by Frank Maviglia, Jr. requesting permission to reopen gasoline service
station on Lot 411, Supervisor's Livonia Flat, No. 7 located on the North side
of Seven Mile Road approximately 200 feet East of Parkdale Avenue in the
Southwest 1/4 of Section 1. The secretary read letter dated May 11, 1956
from Calvin Roberts, Chief Livonia Fire Department and Departmental
Correspondence dated April 21, 1956 addressed to Chief Calvin Roberts from
Lieutenant Perry. Messrs. Frank and Anthony Maviglia and Frank Gust, 22628
Tulane were present.
Mr. Lotz asked how far island is located from edge of road. Mr. Frank
E, Maviglia stated 19' from edge of road. Stated they intend to renovate front.
car(Q.
Mr. Lotz stated in his opinion station is not set back far enough from road.
Mr. Maviglia stated he discussed this with oil company and they requested
that front be renovated and pumps 12' off pavement. Stated they have agreed to
fill in one tank.
Mr. Gust stated wiring will be brought up to standard and they will fix vents
and island as requested.
Mr. Lotz stated that if road is widened to its full width, it will go directly
through center of station.
Mr. Lepo asked whether Mr. Maviglia owned station. Mr. Maviglia stated he did
not but intended to purchase it if use is approved.
Mr. Fred Burns, 19005 Maplewood stated he objects to opening of station.
Stated he lives 3501 away from property in question.
Mr. Carroll Page, 28918 Seven Mile Road stated he objected to petition as there
is not adequate room for gas statbn and will cause too much traffic conjeetion.
Mr. Anthony Maviglia stated the station has been open before and there was not
an objection then. Stated they intend to sink new tanks and renovate front.
Mr. Charles Barnum, 28912 Seven Mile Road stated he complained about gas
station before because of the trucks that would park in front of his home.
Stated trucks would line up both on Seven Mile Road and Maplewood Avenue.
Stated his home is adjoining property in question.
Mr. Howard Middlewood, Building Inspector stated a part of the existing building
is located directly on right-of-way line as shown on the Master Thoroughfare
Plan,
Upon a motion duly made by Mr. Greene, seconded by Mr. Lotz and unanimously
carried, it was
4.5
#5-162-56 RESOLVED that, pursuant to a Public Hearing having been held
the City Planning Commission does hereby deny Petition M-11
by Frank Maviglia, Jr. requesting permission to reopen gasoline
station on Lot 411, Supervisor's Livonia Plat, No. 7 located on
the North side of Seven Mile Road approximately 200 feet East
of Parkville Avenue in the Southwest 1/4 of Section 1, 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.
Upon a motion duly made by Mr. Lepo, seconded by Mr. Greene and unanimously
carried, it was
lib
#5.-;t675-56 RESOLVED that, Public Hearing be adjourned to June 5, 1956.
The Chairman declared the foregoing resolution adopted and called the 68th
Regular Meeting to order.
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ejelf)
The secretary announced that the first item on the agenda was Petition No.
Z-112a as initiated by the City Planning Commission on its own motion on the
question whether or not the zoning classification of portion of Parcels 24AA,
2i113B, 24CC, 24DD and 2/,FF located 300 feet North of Schoolcraft Road extending
East of Middlebelt Road to West boundary of the Buckingham Village Subdivision
be changed from R-3-B to RUFB. Messrs. Hans Hartman, 28186 Schoolcraft Road
and Asa Wilson, 19330 Stratford, Detroit were present.
Mr. Robinson stated this area should be changed from R-3 in order to protect
the property owners who will be living in new subdivision (Buckingham Village
Subdivision).
Mr. Miller agreed that zoning should be changed.
Mr. Lepo suggested change be R-1-A instead of RUFB to conform with rest of area
Mr. Hartman stated he cannot see why commission wants to change zoning. Stated
Commission is concerned about protecting future property owners, it should
also protect present owners.
Mr. Robinson stated there is adjoining subdivision which is going to have
many homes.
Mr. Hartman stated he parks cars right to the end of his property.
Mr. Robinson stated changing the zoning classification will not affect parking
of cars on property.
Mr. Hartman stated Commission says that now but what about when future property
owners complain.
Mr. Robinson stated Messrs. Wilson and Hartman may decide to sell property,
and new owner may wish to erect apartment.
Mr. Wilson suggested Commission wait until such time as property is sold.
Stated he has spent considerable amount of money developing parking lot and
did not want use distrubed.
Mr. Miller stated with present zoning classification builder could come into
area and build apartments. Stated transient residents will not add to City of
Livonia but does add to schools and all of the other facilities. Stated
ommission has no knowledge when property is sold.
No one was present opposed to petition as presented.
Upon a motion duly made by Mr. Lotz, seconded by Mr. Miller and unanimously
carried, it was
i$1
#5-164-56 RESOLVED that, pursuant to a Public Hearing having been held
on February 21, 1956 on Petition No. Z-112a as initiated by
the City Planning Commission on its own motion for a change
of zoning from R-3-B to RUFB the City Planning Commission does
hereby recommend to the City Council that Petition No. Z-112a
be granted, and
FURTHER RESOLVED, notice of the above hearing was published
in the official newspaper, The Livonian under date of
February 2, 1956 and notice of which hearing was sent to
The Detroit Edison Company, Chesapeake & Ohio Railway Company
Michigan Bell Telephone Company, The Consumer Power Company
and City Departments as listed in the Proof of Service.
The Chairman declared the foregoing resolution adopted.
Upon a motion duly made by Mr. Steinhoff, seconded by Mr. Lepo and
unanimously carried, it was
1$S
#5-165-56 RESOLVED that, Commission depart from regular order of
business in order to hear Item No. 11 as shown on agenda
The Chairman declared the foregoing resolution adopted.
The secretary announced that the next item on the agenda was preliminary plat •
of Livonia Meadows Subdivision located between Curtis Avenue and Six Mile Road
and between Deering Avenue and Inkster xoad in the Southeast 1/4 of Section
12. The secretary read letters dated May 15, 1956 from J. B. Folsom, Chairman
Parks and Recreation Commission; dated May 15, 1956 from Donald Wilson, Chief
Inspector; dated May 11, 1956 from Benton Yates, Supt., Livonia Public Schools
and dated May 11, 1956 from Calvin Roberts, Chief, Livonia Fire Department.
Mr. Mark T. Jacobson was present.
Mr. Jacobson went into detail of past actions on preliminary plat and stated
that requests of Commission May 1, 1956 have been complied with and shown on
the revised plat. Stated plat meets all Commission's objections except for
school and park site. Suggested Mr. William Ponder, City Attorney be summoned
to meeting.
Mr. Fred Lotz temporarily left meeting at approximately 10:20 p.m.
Mr. Greene asked Mr. Jacobson the need of Mr. Ponder being present now.
Mr. Jacobson stated question involving school and park sites.
Mr. Fred Lotz returned to meeting at approximately 10:23 p.m.
Mr. Lepo stated that except for park and school sites petitioner has done
everything requested by Commission.
Mr. Robinson stated there are lots siding on Inkster at Fargo and Maureen
whereas most of the lots front on Inkster. Mr. Jacobson stated many sub-
divisions have this same situation where a street reverses itself.
Mr. William Ponder, City Attorney arrived at meeting at approximately 10:25 p.m.
Mr. Miller suggested houses face Inkster on Lots in question. Mr. Jacobson
stated he did not think lots were deep enough to comply with ordinance.
Agreed to build homes on an angle.
Mr. Steinhoff suggested there be no ingress and egress onto Inkster Road from
Lots 1 and 268 (lots located West side of Inkster Road on either side of
Vargo Avenue). Mr. Jacobson stated he would place drive-ways on East line of
property.
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Mr. Jacobson stated he has been before this Commission regarding this lJ
preliminary plat since August, 1954 and in each instance it was requested that
a settlement be worked out with Parks and Recreation Commission and School
Board regarding park and school sites. Stated they have tried to comply but
that in no instance in entire two year period has their correspondence been
answered. Quoted from letter dated May 11, 1956 addressed to Commission from
Mr. Benton Yates, Supt., Livonia Public Schools "....Edward Ro3e Company is
well aware of this school designation. We do not understand why the sub-
divider would expect a plat ignoring these school and park designations to be
approved..." Stated that in all due respect to Mr. Yates the reason should be
obvious. Stated he offered property at less than 1/2 market value but it was
requested of him that if he put in improvements and street that School Board
might consider cooperating with concern. Stated he knows this Commission has
endeavored to be of assistance to the School Board but at the same time the
School Board has not kept good faith with Commission. Stated this is not the
first instance where agreement cannot be reached with School Board. Stated one
item has held up approval of plat for two years. Stated this matter was
discussed at a meeting held December 24, 1954 (Referred to minutes of this
meeting - Pages 749 through 752 (Members copy of minutes) and requested that
minutes be incorporated in this hearings minutes by reference.) Stated that
once a Master Plan is set up by Commission and adopted by City Council that
the burden lies not with the land owner but to those who wish property.
Stated he discussed this matter with City Attorney to plat land over Master
Plan. Stated two years is not a reasonable length of time. Stated in his
mind they are entitled to have plat approved at this time.
Mr. Ponder stated Act 285, Public Acts of 1931, as amended created Planning
Commission and that Section 9 of these public acts makes provision for
adoption of Master Plan "...5.2999 Section 9 ...Whenever the Commission shall
have adopted the Master Plan of the municipality or of one or more major
sections or districts thereof no street, square, park or other public way,
ground or open space, or public building or structure, shall be constructed or
authorized in the municipality or in such planned section and district until
the location , character, and extent thereof shall have been submitted to and
approved by the Commission... Stated this act was past in 1931 and amended
by Section 222, Public Acts of 1943 "....after the Planning Commission of any
City or Village shall have lawfully adopted a Master Plan for thephysical
development of the municipality or of one or more major sections or divisions
thereof, it shall have the power to make or cause to be made and certify to
the legislative body of such municipality, from time to time, detailed and
precised plats, each showing the exact location of the proposed future outside
lines of one or more new, extended or widened streets, aveneus, places or
other public ways, or of one or more parks, playgrounds or other public
grounds or extensions thereof shown on such adopted Master Plan..." Stated
it was also provided that the municipality may provide by ordinance (Ordinance
No. 119) on which anyone cannot build if there has been a site set aside.
Referred to Section 4 "...The legislative body of any city or village may
provide by ordinance that no permit shall be issued for, and no building or
structure or part thereof shall be erected on any land located within the
proposed future outside lines of any new, extended or widened street, avenue
place or other public way, or of any part, playground or other public grounds
or extension thereof shown on any such certified and adopted plat..." Stated
it is his interpretation that under Act 285 just by designating these sites
does not give us the authority to prevent any one from using this property but
262
under Act 222 we do have that authority provided we follow the procedure set
forth and the owner would not be able to erect any building butt'-at in the
same act "...Any such ordinance shall provide that the zoning board of
appeals, if the municipality has such a board, or if not, that a board of
appeals created for the purpose in such ordinance, shall have thepower on
appeal filed with it by the owner of such land to authorize the 17ranting of a
permit..." Stated this makes provision for anyone who is a property Ener
and where such site has been designated he then could appeal to Board of
Appeals. Stated school system should certify to this Body a process location
of just what they want and then if after hearing pursuant to Ordinance No. 119
and Act 222, Public Acts of 1943 it is determined that this site should be a
public site then the owner would have the right to make an appeal to the Board
of Appeals. As to whether the plat should be delayed to give the School Board
and property owner more chance to consult to work out agreement with this
particular site believed this is not our duty and that it is not our duty to
hold the plat in order to give the builder and the school system a chance to
make an agreement. Stated procedure has been set up and if the school system
and the site is designated under ordinance by the proper procedure then it
would be up to School Board and the owner to work out whatever situation they
can.
Mr. Greene asked Mr. Ponder what a reasonable length of time would be considered.
Mr. Ponder stated he could not answer question as he could not find anything
in statute saying that site can only be held for reasonable length of time.
Mr. Greene asked Mr. Ponder whether it is his recommendation that failing to
arrive at decision between owner of property and School Board that this
Commission should take no action at this time. Mr. Ponder stated whatever
developes between property owner and School Board as to price, site, etc.
that that isn't our problem at all. Stated burden should be placed upon the
School Board.
Mr. Greene stated that if plat were approved, the School Board would still be
able to acquire site by condemnation. Mr. Ponder stated he has not been able
to find anything saying that tentative approval would prevent them from con-
demning or whatever they want to do. As a practical matter, they should move
fast rather than letting the property owner put in improvements as the price
will change.
Mr. Greene stated to Mr. Jacobson that granted perhaps under the law he could
make legal issue of this but that from the standpoint of public relations
in Livonia questions whether he would feel it would be wise in light of
letters read to disregard school for new community. Mr. Jacobson stated he
has never wanted to completely eliminate school site. Stated he has available
a plat which Commission can accept on condition that he would hold 15 acres
for condemnation for three months and that if not acquired by three months
Commission will accept balance of tentative plat. Stated he was willing to
withdraw revised plat if Commission wanted to accept new plat on that condition.
Mr. Steinhoff stated that departments should look over new plat before
Commission approves it. Mr. Jacobson stated he is willing to make any
changes to comply with ordinance but that Commission is in a position to
accept plat in terms of basic acceptance of plat. Stated he is in a position
to go to court to get approval of plat excluding park and school sites.
N
Mr. Greene stated Mr. Jacobson is aware of Commission's procedure. If three
months is agreeable to him then certainly he would not be hurt by having plat
committee study plat and present findings June 5, 1956. Mr. Jacobson stated
L he is faced with a question of time regarding improvements. Suggested plat
be referred to various departments for their recommendation and recommendations
could be incorporated within plat.
Mr. Greene asked whether Mr. Jacobson would follow recommendations without even
knowing what they are. Mr. Jacobson stated he has never known of a recommendation
that was major.
Mr. Miller suggested that two 10' concrete walk ways from school and park into
Pershing be provided.
Mr. William Ponder, City Attorney left meeting at approximately 11:15 p.m.
Mr. Miller asked how long Mr. Jacobson had plat in mind he submitted tonight.
Mr. Jacobson stated plat is dated May 24, 1955 but is taken off of original
plat which was submitted before.
Mr. Miller stated he appreciated Mr. Jacobson's situation but thought
Commission should have opportunity to look over new plat before giving approval
Mr. Jacobson stated in terms of the basic plat, it doesn't require much study
'.o come to conclusion on that.
Mr. Greene asked about the relocation of the drain. Mr. Jacobson gave brief
outline of location of drain.
IEMr. Fred Lotz temporarily left meeting at 11:18 p.m.
Mr. Peter A. Ventura, 9106 Middlebelt Road asked Mr. Jacobson if it wouldn't
be possible to work out land Contract for purchase of park site. Mr. Jacobson
stated he thought it would for a reasonable period and price. Suggested land
contract for years duration. Stated that in the event terms are not arrived
at and they do not condemn site then they will come back in and plat it.
Mr. Fred Lotz returned to meeting at approximately 11:22 p.m.
Mr. Ian Clark, 18095 Deering stated he was under the impression that all lots
faced Deering Avenue. Mr. Jacobson agreed to split Lots 187 and 186 and face
them on Deering as a condition of acceptance of plat.
Mr. C. E. Clark, 17961 Deering stated street is located at his front door.
Mr. William Ponder, City Attorney returned to meeting at 11:30 p.m.
Mr. Miller corrected Mr. Clark in that his property is located across from
school site rather than street.
Upon a motion duly made by Mr. Miller, seconded by Mr. Steinhoff and
unanimously carried, it was
iil9
L
#5-164-56 RESOLVED that, Commission accept for consideration plat dated
May 24, 1955 of proposed Livonia Meadows Subdivision located
between Curtis Avenue and Six Mile Road and between Deering
264
Avenue and Inkster Road in the Southeast 1/4 of Section 12.
The Chairman declared the foregoing resolution adopted.
Mr. Jacobson stated he is submitting this particular plat which includes both
a park and school site as set forth and is withdrawing for consideration plat
which excluded park and school site on the following basis: That we, Edward
Rose & Sons will hold school and park sites for a period of three months for
acquisition by the school and park authorities; that in the event that within
that period they have not either negotiated a settlement or started condemnation
we would be free to submit a plat covering school and park sites to the
Commission. Correspondently, in discussing this three months and the purchase
by authorities we agree that should condemnation be started by park
authorities and brought to judgement that we will allow and agree with park
authorities to enter into contract, covering amount of judgement for payment in
full within one year the down payment on contract to be 5% of purchase price.
Mr. Ponder stated that it be understood that policy is strictly on behalf of
property owner and the Commission has no authority or power to enter into
agreement or commit City of Livonia in any way and that statement not be con-
sidered an agreement.
Upon a motion duly made by Mr. Greene, seconded by Mr. Steinhoff and
unanimously carried, it was
i 9a
#5-17-56 RESOLVED that, pursuant to a Public Hearing having been held
May 1, 1956 the City Planning Commission does hereby give
approval to preliminary plat of Livonia Meadows Subdivision
located between Curtis Avenue and Six Mile Road and between
Deering- Avenue and Inkster Road in the Southeast 1/4 of
Section 12 subject to (1) All lots adjoining Deering to
face Deerin- Avenue; (2) Subdivider to install two 5' walk
ways on 101 easements one to service school site and one to
service park site; (3) Subdivider shall make such
modifications in the subdivision (i.e. sewer, storm water,
and water lines) as are recommended by the Department of
Public Works, City Engineer, Fire Department and/or Police
Department; (4) Subdivider shall make such changes as are
suggested by the Building Department in order that each site
within the subdivision shall be capable of having a house
built upon it providing at least the minimum lot line,
minimum square footage and minimum front, side and rear
yard requirements; and (5) Subdivider shall install such on-
site side walks inclusive of side walk adjoining commercial
area as may be required by Building Department, 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 Depart-
ment, Superintendent of Schools, School Board President,
Fire Department, Parks and Recreation Department, Police
Department and Members of the Plat Committee.
The Chairman declared the foregoing resolution adopted.
1322
265
Letter dated May 2, 1956 from Marie W. Clark, City Clerk addressed to William G.
Sharpe, Supt., Department of Public Works regarding proper name of street lead-
ing North off West Chicago, just West of Wayne Road in Country Homes Subdivision
was read and placed on file.
The secretary read letter dated April 19, 1956 from Marie W. Clark, City Clerk
referring to Commission City Council ResolttLon No. 221-56 regarding opening of
Rayburn Avenue between Southampton and Ashurst. The secretary also read
letters dated February 11, 1956 addressed to Marie W. Clark, City Clerk from
Opal Nutt, Chairman, Coventry Gardens Subdivision and letter dated April 6,
1956 from W. R. McCary, City Engineer.
Mr. Lotz stated opening this road will shorten route to school, safe for
children and with proper stop signs it is a good idea.
Upon a motion duly made by Mr. Lepo and seconded by Mr. Lotz, it was
191
#5-fi8-56 RESOLVED that, City Planning Commission recommend to the City
Council that Rayburn Avenue between Southampton and Ashurst
be opened as requested by Coventry Gardens School Committee.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Greene, Lepo, Steinhoff, Robinson and Lotz
NAYS: None
NOT VOTING: Miller
Letter dated May 7, 1956 from William W. Brashear, Mayor regarding RU Zoning
District was read and placed on file.
Letter dated May 10, 1956 addressed to William N. Ponder, City Attorney from
Marie W. Clark, City Clerk regarding City Council resolution No. 279-56 re-
garding C-2 uses in M-1 District was read and placed on file.
Mr. William N. Ponder, City Attorney left meeting at approximately 12:01 a.m.
Upon a motion duly made by Mr. Miller and seconded by Mr. Steinhoff, it was
gn.,
#5- -56 RESOLVED that, statement dated May 7, 1956 from Albe Munson
Planning Consultant for $430.96 be forwarded to the proper
department for payment.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Miller, Greene, Lepo, Steinhoff, Robinson and Lotz
NAYS: None
Upon a motion duly made by Mr. Lotz and seconded by Mr. Lepo, it was
194
#5-' 6-56 RESOLVED that, Inter-departmental Transfer No. 917 for
$65.87 be forwarded to the proper department for payment.
A roll call vote on the foregoing resolution resulted in the following:
9146
C-
AYES: Miller, Greene, Lepo, Steinhoff, Robinson and Lotz ,.,
NAYS: None
Minutes of meeting April 3, 1956 were unanimously tabled until June 5, 1956.
Mr. Miller stated he has been attending the Northwest Planning Commission
meetings and offered for commission's consideration better planning ideas.
Stated in Trenton Waring & Johnson have worked out a plan whereby builders
dedicate 200' for park site where their land abuts a creek. Suggested
Mr. Munson contact Mr. Waring and work out a similar plan for Livonia.
On a motion duly made, seconded and unanimously adopted this 68th Regular
Meeting was duly adjourned at approximately 12:15 a.m., May 16, 1956.
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�L
Fred A. Lo z, Secretary
ATTESTED:
William R. Robinson, Chairman