HomeMy WebLinkAboutPLANNING MINUTES 1956-12-18 1535
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MINUTES OF THE 75TH REGULAR MEETING AND THE
PUBLIC HEARING ON THE CITY PLANNING COMMISSION
On December 18, 1956 the above meeting was held by the City Planning Commission
of the City of Livonia at the City Hall, 33001 Five Mile Road, Livonia
Michigan. Chairman William R. Robinson called the 75th Regular Meeting to
order at approximately 8:04 p.m.
Members present: Robert L. Greene Fred A. Lotz William R. Robinson
3Karle Steinhoff Leonard Kane Robert L. Miller
*H. Paul Harsha
Members absent: Charles Walker
Lieutenant Bob Perry, Livonia Fire Department and Charles Pinto, Asst. City
Attorney were present together with approximately 100 interested residents
attending the Public Hearing and the 75th Regular Meeting.
The Chair stated that before the first item on the agenda is discussed the
Commission has had a request from Mr. L. Meyron Marko, The Michigan Lumber
Company asking that Petition No. Z-118a (Item No. 13 on the agenda) be
postponed until February.
No one was present regarding Petition No. Z-118a.
The secretary announced that the first item on the agenda was final approval of
the proposed Sleepy Hollow Estates Subdivision located West of River Bend Sub-
division, No. 2 approximately 225 feet South of Hathaway Avenue in the South-
east 1/4 of Section 33. The secretary read letter dated December 17, 1956
from W. R. McCary, City Engineer. Mr. Roy J. McGlothin was present.
Mr. Robinson asked whether bond for proposed subdivision has been approved by
City Attorney's Office and whether petitioner had letter stating bond had been
approved. Mr.McGlothin stated bond had been approved but that he did not have
letter confirming this.
Mr. Pinto stated he believed bond was approved as to form yesterday and that
possibly correspondence has not reached Commission's Office. Two bonds have
been placed with the City as required and that he could see no reason to with-
hold final approval of plat.
Mr. Harsha asked whether there had been any changes to proposed plat since
tentative approval. Mr. McGlothin stated no changes have been made to his
knowledge except a couple of lots did vary a little after the survey. Sub-
stantially the plat is the same.
Upon a motion duly made by Mr. Kane, seconded by Mr. Lotz and unanimously
carried, it was
#12-409-56 RESOLVED that, final plat of Sleepy Hollow Estates Sub-
division located West of River Bend Subdivision, No. 2
approximately 225 feet South of Hathaway Avenue in the
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**Page 1544
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Southeast 1/4 of Section 33 be given final approval since
it conforms to Commission's standard, and
FURTHER RESOLVED, inasmuch as it appears on the records
that tentative approval of said proposed plat was given by
the City Planning Commission July 17, 1956; and it further
appearing that said proposed plat together with the plans
and specifications for improvements therein have been
approved by the Department of Public Works under date of
July 26, 1956; and it further appearing that a bond in the
amount of $9,000 to cover the installation of improvements
has been filed in the office of the City Clerk under date
of December 11, 1956; such bond having been approved by
Charles Pinto, Asst. City Attorney on December 1$, 1956 it
would therefore 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. Lotz and seconded by Mr. Kane, it was
#12-410-56 RESOLVED that, minutes of meeting November 13, 1956 be
approved as received.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Greene, Steinhoff, Lotz, Kane and Robinson
NAYS: No%!e
NOT VOTING: Harsha and Miller
Upon a motion duly made by Mr. Kane and seconded by Mr. Greene, it was
#12-411-56 RESOLVED that, minutes of meeting November 20, 1956 be
approved as received.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Greene, Steinhoff, Kane and Robinson
NAYS: None
NOT VOTING: Lotz, Harsha and Miller
Upon a motion duly made by Mr. Greene, seconded by Mr. Lotz and unanimously
carried, it was
#12-412-56 RESOLVED that, 75th Regular Meeting 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 Petition No.
Z-19$ by John I. Spanich requesting that the zoning classification of portion
of Parcel 23D2 located on the South side of Five Mile Road approximately 975
4b
feet West of Henry Ruff Road in the Northwest 1/4 of Section 23 be changed
from RUFB to M-1. The secretary read letter dated November 28, 1956 from
Calvin Roberts, Chief Livonia Fire Department and petition objecting to
Petition No. Z-198 signed by approximately 36 members of the Green Acres
Civic Association. Mr. Spanich was present.
Mr. Spanich stated that when he purchased property (3301 x 13201) it was all
zoned M-1. When a sewer was to be constructed it was found that the back 5001
was zoned RUF instead of M-1. The way the land is situated it is pretty hard
to do anything with it and that by putting in necessary streets the front of
the buildings will be facing back yards of adjoining residents. If low cost
homes are constructed in area, it will not add to neighborhood. Beautiful
plants can be built today as well as nice homes. Did not think he should be
penalized the full use of his property and that request is an extension of an
existing M-1 District.
Mr. Arthur Fisher, 30408 Hoy, representing Green Acres Civic Association
reminded Commission that property in question is completely surrounded by RUF
property. Residents are aware that petitioner was established quite a long
tine before development but there is a nice subdivision there now. To con-
tinue and expand M-1 District is not in accourd with spirit of Ordinance. Any
further factories would create an appearance that would detract from the
appearance of the City. Request is contrary to the Master Plan in that in an
M-1 District the required yards are more than established. At present
petitioner is non-conforming use.
Mr. Lotz read recommendation dated December 13, 1956 by Albe Munson, Planning
Consultant pertaining to this item.
Mr. Tino Asquini, 14665 Flamingo stated he purchased property in Livonia three
years ago with full knowledge that there was M-1 District but that the area
behind was zoned RUF and that M-1 District could not come any closer.
Mr. Harold Crout, 30425 Lyndon, representing Schoolcraft Manor Subdivision
stated a meeting was held and that Mr. Spanich attended. This proposed change
would bring industrial property directly against the North end of the sub-
division. At the meeting the people unanimously voted that they were not in
favor of petition.
Mr. James Hosey, 14954 Flamingo stated he objects to request.
Mr. Spanich stated all the buildings along Five Mile Road in this area are in
line and that his building might be a little further back from right-of-way
line.
Mr. Robinson stated according to Ordinance where any parcel faces a major
thoroughfare having an existing or planned width of 1201 or more, as shown
on the Master Thoroughfare Plan the front yard shall have a depth of at least
1001. Stated buildings in proposed re-zoning area would be far removed from
highway - this was in answer to question by Mr. Fisher.
Mr. Hosey stated adjoining property in question, a church site has been
approved by Commission.
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Upon a motion duly made by Mr. Greene, seconded by Mr. Lotz and unanimously
carried, i t was `�
#12-413-56 RESOLVED that, while Commission is in sympathy with the
petitioner's problem it cannot but help agree with Albe
Munson's (Banning Consultant) recommendation dated
December 13, 1956 that any extension of M-1 District in
area will injure the surrounding land as desirable
residential land; therefore, pursuant to a Public Hearing
having been held on Petition No. Z-198 as submitted by
John I. Spanich for a change of zoning in the Northwest
1/4 of Section 23 from RUFB to M-1 the City Planning
Commission does hereby recommend to the City Council that
Petition No. Z-198 be denied, and
FURTHER RESOLVED, notice of the above hearing was published
in the official newspaper, The Livonian under date of
November 29, 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 Chairman again announced for the benefit of late arrivers that the
petitioner of Petition No. Z-118a has requested postponement of petition.
The Chairman informed Mrs. William Schnell, 37470 Plymouth Road and Mrs. Dema
Gladman, 11800 Newburg that they would be notified of postponement date.
The secretary announced that thenext item on the agenda was Petition No.
Z-200 as initiated by the City Council on its own motion on the question
whether or not the zoning classification of Lots 550a, 550b (portion of) and
552 (portion Of), Supervisor's Livonia Plat, No. 10, portion of Lots 1, 2 and
3, Bell Creek Estates Subdivision, portion of Parcel 11Z1a6,Z2a6, portion of
Parcel 11Z2a7b and portion of Parcel 1CQQl located on the North and South sides
of Six Mile Road and the East and West sides of Merriman Road in the Southeast
1/4 of Section 10, Southwest 1/4 of Section 11, Northwest 1/4 of Section 14
and the Northeast 1/4 ofSection 15 be changed from C-1 to RUFB. The
secretary read letter dated November 28, 1956 from Calvin Roberts, Chief
Livonia Fire Department.
Mr. Rodman N. Myers, Attorney, 1990 National Bank Bldg., Det. was present
representing Mr. Edmond Gilbert (owns property on the Northwest corner).
Stated primary reason for objecting to petition is that in the first instance
the City of Livonia was laid out with comprehensive plan of restrictions with
every important intersection a business corner - this particular corner was
zoned C-1. To change zoning at this time would require people in area to go
one mile to get loaf of bread, etc. It is our feeling that this is a backward
step rather than a forward step. Change of zoning would not be to promote the
general health, welfare and safety of people - the entire City of Livonia must
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be considered. Under the law the general welfare of the City as a whole
rather than the people who are living in this particular area must be con-
sidered. Change cannot be done to increase the value of the property in the
area. Residents purchased with knowledge that there was a Zoning Ordinance
which made it C-1 - they purchased and built homes. On the other hand, they
purchased before it was zoned C-1 and they were represented at the time the
Ordinance was adopted. Feel now it is a dangerous precident to disrupt this
comprehensive plan and is unfair to those who own the C-i property.
Mr. George Haller, 11030 Hubbard Road representing client who is in the same
position as Mr. Myers" client was present. Once the City has adopted an
original Ordinance and has created districts, that Ordinance may validly
be amended only if those in favor of change establish that there was an error
in the original plan or that the community has changed since adoption of the
plan and that the result of change has made it necessary for change. There is
no deviation from the plan of business corners at each intersection. The
intent of the planners was to provide residents of entire community to stores
to satisfy their daily needs. Asked if there is anything unique about this in
tersection now or at the time Ordinance was adopted. The very fact that it was
residential was that it was zoned C-1 to serve that particular area. Needs
of Livonia should be considered five years from now rather than just today.
Just recently l miles South of Merriman Road there was a change of zoning
from RUFB to C-1. The Commission must be govern by the principle that a
property owner has the right to right of law - land shall not be changed
against his wishes unless it is for the people's good. It is legally invalid
to seize property simply for the special benefit of neighbors who would like to
keep out such noise as to distrub their peace and quiet. Related several
instances of decisions handed down by Courts in cases similar to this.
Upon a motion duly made by Mr. Harsha, seconded by Mr. Miller and unanimously
carried, it was
#12-414-56 RESOLVED that, City Planning Commission limit discussions
of those from the floor to five minutes each.
The Chairman declared the foregoing resolution adopted.
Mr.Donald Deremo, Attorney, 20340 Schoolcraft Road, representing property
owners in area stated that there are single family residence built on three
corners with the exception of the Northwest corner. Do not have a problem
which is similar to any other intersection in Livonia - the situation is
entirely different and the situation has changed since adoption of Ordinance
Originally property was vacant property and that now it has been improved with
substantial homes. Believed this proposed change is for the benefit of
general health and welfare of community at large. Believed that it does con-
form to good zoning to be changed back to RUF from its present zoning. Will
not benefit people in that particular community.
Mr. Harsha asked whether property was purchased for business purposes.
Mr. Haller stated it was and that the business price was paid.
Mr. Harsha stated that under the old Ordinance in '45 these were narrow strips
which gave the effect of a "Tn. Strips were squared off so that in reality
in '52 the total area of C-1 was increased and that by increasing area it did
bring it closer to residential property.
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Mr. Greene read recommendation dated December 13, 1956 from Albe Munson, R:7;
Planning Consultant relating to this item.
Mr. Fred A. Lotz temporarily left meeting at approximately 9:06 p.m. and
returned at approximately 9:07 p.m.
Those present in favor of leaving property as it is presently zoned - 3
Those pr::sent in favor of having p-operty rezoned - 11
Mr. I. E. Hutchins, 17275 Merriman Road statC. conditions today are changing-
more to centralized shopping centers and that this trend should b taken into
consideration.
Mrs. Adina Foster, 31%84 Six Mile Road stated that the deeds on the property
next to her property has the same restrictions on it as hers as to residential
and RUF use. W. Robinson stated that that is private restrictions and that
the City has no jurisdiction over it.
Mr. Robinson stated that he is in sympathy with adjoining property owners and
that it wo ld be a much nicer neighborhood without businesses; however,
believed his vote is going to have to be based on the law which states
Commission cannot be arbitrary by changing zoning to aid adjoining property
owners. Commission does have a lana use study which will fill the bill as far
as the law is conceIned. Recommended that petition be tabled until the
study has been completed.
Mr. Miller asked whether Chairman has any ilea how long petition will have to
be tabled. Mr. Robinson stated 1-n use study will be ready in .a?;proximately
six months.
Upon a motion duly made by W. Lotz and seconded by M: . Kane, it was
RESOLVED that, pursuant to a Public Hearing having been held
on Petition No. Z-200 as initiated by the City Council on its
own motion for a change of zoning in the Southeast of
Section 10. Sout :sest 1/4 of Section 11, Northwest 1/4 of
Section: l4`and::the Northeast 1/4 of Section 15 from C-i to
RUFB the City Planning Commission does hereby recommend to
the City Council that Petition No. z-200 be denied as
Commission believes that the original plat by the City
designating mile corners for business should remain as such,
and
FURTHER RESOLVED, notice of the above hearing was published
in the official newspaper, The Livonian under date of
November 29, 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 Proe of Service.
A roll call vote on the forego.Ln resolution resulted in the following:.
AYES: Kane, Lotz and Harsha
NAYS: Greene, Steinhoff, Robinson and Miller
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Mr. Greene stated he feels that the proposed neighborhood study will go far
towards resolving this question.
Upon a motion duly made by M . Greene and seconded by Mr. Steinhoff, it was
#12-415-56 RESOLVED that, Petition No. Z-200 as initiated by the City
Council .on its own motion on the question whether or not
the zoning classification in the Southwest 1/4 of Section
11, Northwest 1/4 of Section 14, Northeast 1/4 of Section
15 and the Southeast 1/4 of Section 10 should be changed
from C-1 to RUFB be tabled until enough of the Population
and Neighborhood Study is completed to help Commission in
this particular decision.
A roll call vote on the forn:_oing resolution res,zlted in the following::
•
AYES:. Greene, Steinhoff, Lotz, Harsha, Robinson, and Miller
NAYS: Kane
The secretary announced that the next item on the agenda was Petition No.
Z-201 as initiated by the City Councilon its own motion on the question.
whether or not Sections 11.02, 14.02 and 15.02 of Ordinance No. 60, as
amended should be amended by adding Subsections n,j and e. The secretary
read proposed amendments.
No one was present objecting to petition as presented.
Upon a motion duly made by M_ . Miller and seconded by MI . Lotz, it was
#12-416-56 RESOLVED that, pursuant to a Public Hearing having been held
on Petition No. Z-201 as initiated by the City Council on its
own motion on the question whether or not Sections 11.02,
14.02 and 1.5.02 of Ordinance No. 60, as amended should be
amended by ad 'ing Subsections n, j and e, the City Planning
Commission does hereby recommend to the City Council that
Petition No. Z-201 be granted in view of the fact there are
no regulations governing drive-in theaters in stating they
must come before this Commission and
FURTHER RESOLVED, notice of the above heer ing was published
in the official newspaper, The Livonian under date of
November 29, 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 Prodi of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Greene, Steinhoff, Lotz, wane, Robinson and Miller
NAYS: Iarsha
The Chairman called a recess at approximately 9:27 p.m.
The Chairman called the public hearing to order at approximately 9:40 p.m.
with all present as named at the beginning and course of meeting except *H.
Paul Harsha who was excused.
4J)
Upon a motion duly made by Mr. Greene, seconded by Mr. Miller and unanimously
carried, it was
#12-417-56 RESOLVED that, Commission depart from regular order of business
in order to hear Item No. 14 shown on the agenda.
The Chairman declared the foregoing resolution adopted.
The secretary announced that the next item on the agenda was the proposed
Spring Valley Subdivision located on the North side of Seven Mile Road between
Merriman and Hubbard Roads in the East 1/2 of Section 3. The secretary read
letters dated November 19, 1956 from Tames L. Johnson; dated November 13, 1956
from J. B. Folsom, Chairman, Parks and Recreation Commission and Dave Meinzinger
Consultant; dated December 4, 1956 from W. R. McCary, City Engineer and Dave
Meinzinger, Director of Public Works; dated December 6, 1956 from Police
Commissioner Dallas F. Hay; dated December 6, 1956 from Robert A. VanDyke,
dated December 11, 1956 from Calvin Roberts, Chief, Livonia Fire Department;
dated December 13, 1956 from Donald Wilson, Chief Inspector and dated
December 17, 1956 from Benton Yates, Supt. , Livonia Public Schools. Mr. James L.
Johnson wy's present.
Mr. Lotz questioned size of Lots 374, 375, 546 and 240. Questioned the reason
for bringing Lot 546 to'a point as shown on proposed plat. Mr. Johnson stated
that that was done to discourag: through traffic.
Mr. Lotz stated Merriman Road is a dead end street. W. Johnson stated that
he has petitioned the City Council to request Wayne County to take juris-
diction over Merriman Road from Seven Mile Road.
Mr. Lotz stated not enough dimensions are shown on proposed plat. Also one
ingress off of Seven Mile Road is not enough.
Mr. Steinhoff, Member of the Plat Committee concurred with Mr. Lotz's comments.
Mr. Greene asked intent regarding the excluded land along proposed Hubbard
Road and the lowland along the Tarabusi Drain in the Southwest corner of the
tract. Mr. Johnson stated he does not own land immediately West and adjoining
to plat. Have not discussed grade of low land on Tarabusi Drain with engineer
Have no definite plans for that particular area, but do pla to fill and grade
area. The engineering work is in the process.
Mr. Greene asked whether petitioner is prepared to clean out the Tarabusi
Drain for approximately a distance of one mile between Merriman and Seven
Mile Roads as stated in letter from City Engineer. Mr. Johnson submitted
letter dated December 14, 196 from Frank A. Burn, Hubbell, Roth & Clark, Inc.
addressed to Rose-Hill Builders. The secretary read letter as submitted by
Mr. Johnson.
Mr. Greene asked whether there is enough capacity in the 15' lateral at
Purlingbroolr and St. Martins intersection to take care of this proposed sub-
division. Mr . Johnson stated that he would assume so but that he co_Ild not tell
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until matter has been discussed with City Engineer. Did contact department
regardinJ a pay-back a_;re _-cent. Me. robinson suggested question regarding
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capacity of 15" lateral be referred to theCity Engineer.
Mr. Greene referred to letter from Mr. Yates in which it was stated that there
cannot be a school built in Section 3 until sanitary sewers are provided to
the school site.- Mr. Johnson asked how far site is from boundary cf plat.
W. Robinson stated it is only a matter of 200' . Mr. Johnson stated that they
plan to work closely with the school District's Engineer and that they have not
discussed plan of running sewers to the school.
Mr. Steinhoff stated he assumes that the area between Lots 481 and 482 is an
easement. Mr. Johnson stated that it is. W. Steinhoff asked if that easement
was to provide outlet for all the storm water. Mr. Johnson stated it is not
and that it is a drainage easement.
Mr. Lotz stated that the existing homes located in the excepted area have a
storm drain which is stated in owners abstract and which goes down to the
Tarabusi Drain. Asked whether petitioner is going to assume maintenance of
that as it calls for a 24" tile drain. Mr. Johnson stated that that is a
difficult question to answer as he wasn't aware it was in the abstract.
Assumed that something could be worked out.
Mr. Lotz stated that there are existing beautiful homes in area which are set
back from Seven Mile Road and the proposed set back in subdivision is only 40'
from Seven Mile Road. Stated their view will be cut off inasmuch as they have
a 240' set back. Suggested street along the West boundary of the excepted area
W. Johnson stated that the street might be worked out and that at the time
Auburndale was laid out it was done with the thought of avoiding through traffic.
W. Lotz suggested homes on Seven Mile Road be staggered.
Mr. Greene asked use of strip 240' along Merriman Road. Mr Johnson stated
at present there are no plans and that it is unplatable, He attempted to
acquire land to the West but was unsuccessful. W. Greeneasked what would
prevent petitioner from platting 250' lots in this area. Mr. Johnson stated
that that is the only solution they have at this time and that he had no
objection.
Mr. Jacob Breitenbach, 31750 Seven Mile Road stated existing homes set back
285' from the present lot line which does not include the distance from the
center of Seven Mile Road so in reelity it is 300' from so called lot line.
Stated if proposed homes are built 40' it will place their homes in a
pocket. Asked about elevation. Stated property is 880' deep. Asked about
future development of any of this land that lies in the back portion-is
there to be no provision for any ingress into b--ck portion or does it have to
stay vacant. Petitioner should specify what elevation will be.
W. W. Louis Boyington, 31700 Seven Mile Road stated 40' set back will reduce
value of all existing homes along Seven Mile Road in this area. Suggested
proposed building line conform to established building line. Requested outlet
in the back area so that owners can sell it off for future homes. Otherwise
without access area will be trapped and encircled.
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Mr. George Harmon, 31670 Seven Mile Road stated he agreed with the report
from the Police Department in that one ingress onto Seven Mile Road is not .
sufficient to take care of homr:s. Next the people will be petitioning for a
traffic light.
Miss Ellen Conway, 19985 Merriman Road asked about continuation of Merriman
Road. Mr. Robinson informed Miss Conway that the City of Livonia has a
Master Thoroughfare Plan which is available at the City Hall.
Mr. Lotz stated that immediately back of the excepted homes the property
sloops down and that in the spring it is like a lake. If petitioner raises
grade of proposed homes, will petitioner grade area with Seven Mile Road.
Mr. Johnson stated that that situation will be taken into consideration.
Upon a motion duly made by Mr. Greene, seconded by Mr. Kane and unanimously
carried, it was
112-418-56 RESOLVED that, proposed Spring Valley Subdivision located
on the North side of Seven Nile Road between Merriman
and Hubbard Roads in the East 1/2 of Section 3 be tabled
in view of all the questions., specifically (1) Lack of
dimensions on proposed plat; (2) Unanswered questions on
sanitary sewer capacity; (3) Unanswered questionsregard-
ing provision for sanitary sewers for school site; (4)
Unanswered questions regarding additional egress and
ingress into proposed subdivision and (5) Unanswered
questionsregardine future course of Merriman Road.
The Chairman declared the foregoing resolution adopted.
**Mr. Karle Steinhoff was excused from Meeting at approximately 10:27 p.m.
The secretary announced that the next item on the agenda was Petition No.
Z-202 by Peter G. and Mary A. Buckley requesting that the zoning classification
of Parcel 14W located on the West side of Middlebelt Road approximately 375
feet South of Wentworth Avenue in the Southeast i/4 of Section 14 be changed
from RU1'B to C-2 or C-1 for a depth of 300 feet. The secretary read letter
dated November 28, 1936 from Calvin Roberts, Chief Livonia Fire Department.
Mr. and Mrs. Buckley were present.
Mr. Lotz asked whether this particular parcel is opposite Broadmoor Avenue.
Mrs. Buckley stated it is.
The secretary read recommendation dated December 13, 1956 from Albe Munson,
Planning Consultant regarding this item.
No one was present objecting to petition as presented.
Mr. Buckley stated re_luest was made chiefly because property is located on
a main highway. Felt that in the near future there will be a need for this
frontage for business purposes.
Mrs. Buckley stated from Broadmoor to Five Mile Road is all business. Informed
that neighbors have no objection to proposed change. Couldn't have
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residential use inasmuch as there is business directly across the street.
Mr. Lotz asked how long C-2 use has been across the street. Mrs.Buckley stated
she couldn't answer question.
Mr. Greene asked if there was anything on the property now. Mrs. Buckley stated
they have lived therel3 years and would like to sell it.
Upon a motion duly made by Mr. Kane, seconded by Mr. Miller nd unanimously
carried, it was
"12-419-56 RESOLVE' that, pursuant to a Public Hearing having been held
on Petition No Z-202 as submitted by Peter G. and Mary A.
Buckley for a change of zoning in the Southeast 1/4. of
Section 14 from RUFB to C-2 or 0-1 the City Planning
Comi:lssion does hereby recommend to the City Council that
Petition No. Z-202 be denied until such time as there is an
actual need for change to buSaiess since this would
actually be tantamount to spot zoning, and
FURT111T RESOLVED, notice of the above hearing was published
in the official newspaper, The Livoniae under date of
November 29, 1956 and notice o: which hearing was sent to
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 secreta_y announced that the next item on the agenda was Petition No. Z-
194.-by Charles F. Smith and Arthur J. Smith, A. J. Smith Contracting Co-
mpany, Inc. requesting that the zoning classification of Parcel 02G located
at 3084.5 Eiht Mile Road and situated on the South side of Eight Mile Road
approximately 300 feet West of Milburn Avenue in the Northwest 1/4 of Section
2 should be changed from RUFB and M-1 to M-1 for the first 1,000 feet in depth
South of the North property line. The secretary read letter dated November 26,
19.56 from Calvin Roberts, Chief Livonia Fire Department and petition objecting
to proposed change signed by 23 residents. Mr. Louis Lachance, Business
Manager, A. J. Smith Contracting Comp,ny, Inc. was present.
Mr. Lachance stated a portion of the property is fenced and that they park
their trucks along the inside of the fence. Informed that they co do this
for only 350' and that if they desired to continue to pa rk trucks further
back they wo .ld have to petition for change of zoning. Area would be used only
for storage.
W. Lotz stated he did not like to see M-1 classification extended that deep.
Suggested petition be amended to read change to P-1. Mr. Pinto informed
Mr. Lotz that P-1 provides for parking of private passenger vehicles only.
Mr. Phillip R. Penberthy, Attorney, 20314 Grand River Avenue, Det. was
present representing residents objecting to change of zoning. Stated use
is a nuisance and serves no general purpose nor plan for the neighborhood.
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Mr. N. E. Tabor, 20227 Milburn stated petitioner not only park trucks but
works on them all night long. Noise can be heard all night. ,�•o
Mr. Robinson stated that as far as the nuisance is concerned, the Plannin g
Commission has no jurisdiction over that.
Mr. Ray Heath, 20179 Sunset stated he objected to petition.
Mr. Robinson stated that he is in sympathy with the adjoining property
owners; however, there is a question as to whether or not the depth of the
M-1 District along Eight Mile Road is adequate to provide for parking.
Recommended that it be tabled until such time as Planning Consultant cold
study area and come back with recommendation as to depth of area.
Mr. Greene stated that the Consultant is very definite that a finger of M-1
is not good and that a study of the entire area is a good point.
An unidentified man asked how far fencing extends. Mr. Lachance stated
approximately 600'.
Mrs. Tabor 20227 Milburn objected to petition as presented.
Mrs. Perrie Bourgeau, 20427 Milburn stated property was for small industries
and residents do notwant any more depth than what is now provided for.
Mr. Robinson stated that that is the reason he recommended a study before
Commission takes action.
Upon a motion duly made by Mr. Lotz and seconded by Mr. Miller, it was
#12-420-56 RESOLVED that, Petition No Z-194 by Charles F. Smith and
Arthur J. Smith, A. J. Smith Contracting Compnay, Inc.
requesting change of zoning in the Northwest 1/4 of Section
2 from RUFBand M-1 to M-1 for the first 1,000 feet in
depth South of the North property line be tabled until such
time as Planning Consultant has had an opportunity to con*
duct a completestudy of the M-1 District South of Eight
Mile Road between Osmus Avenue and Middlebelt Road so as to
determine depth of area.
A roll call vote or. the foregoing resolution resulted in the following:
AYES: Greene, Iota, Robinso n and Miller
NAYS: Kane
Upon a motion duly made by Mr. Miller, seconded by Mr. Lotz and unanimoisly
carried, it was
#12-421-56 RESOLVED that, Mr. Phillip B. Penberthy, Attorney, representing
residents objecting to Petition No. Z-194 requesting change
of zoming in the Northwest 1/4 of Section 2 be
notified of any further hearings regardin` this item.
The Chairman declared the fore- oing resolution adopted.
J.74(
495
The Secretary announced that the next item on the agenda was Petition No.
Z-195 by Louis Savage, President, Newman Farms, Inc. requesting that the
zoning classification of Parcels 28Y1a2a2 and 28Yla2alb located approximately
100 feet East of Stark Road beginning at the East end of Captiol Road and
approximately 675 feet South of the Chesapeake & Ohio Railway in the South east
1/4 of Section 23 should be changed from RUFB to M-1. The secretary read
letter dated November 28, 1956 from Calvin Roberts, Chief, Livonia Fire
Department and petition dated December 18, 1956 signed by approximately 53
residents objecting to change of zoning. W. Leslie Stoll, 33394 Plymouth
Road was present representing the petitioner.
Mr. Greene asked Mr. Stoll ti.hether he had any specific use in mind. Mr. Stoll
stated if petition is not a-proved they will construct a few houses on
property.
Mr. sack Warterian, 34360 Capitol stated he did hot think homes in area could
take anymore factories without depreciating homes. Did not think change
justified.
W. Walter Kolakowski, 12068 Stark Road stated that the only access to property
will be on Stark Road. Stark Road is just a gravel road.
Mr. Wilfred Donaldson, 34125 Wadsworth object to petition.
Mr. Luther Sides , 34015 Beacon stated if land is changed they will be allowed
to construct factory 175' from his front door.
Mr. Robinson stated that Commission must consider City as a whole and that
this is an area that is destined to become M-1 and that in his opinion
request should be granted.
Mr. Miller stated he did not think Commission should continue M-1 District.
Mr. Rob- nson stated that by delaying these rezoning requests Commission is
encouraging areas to develop into homes.
Mr. Miller stated RUF is large area and there is large enough area to the
West to become M-1 rather than this particular area.
Mr. Kane stated he wo_1d like to see study made of this before Commission takes
action. Did not think petition should be granted inasmuch as there are homes
near by.
Mr. Miller asked petitioner what he intended to provide as far as greenbelt
is concerned. Mr. Stoll stated he would comply with Ordinance.
Mr. Earl Walker, 12146 Stark Road stated the existing block plant is an eye-
sore.
Upon a motion duly made by Mr. Miller and seconded by Mr. Kane, it was
1Y"
RESOLVED that, pursuant to a Public Hearing having been
held on Petition No. Z-195 by Louis Savage, President,
Newman Farms, Inc. for a change of zoning in the South-
east 1/1. df Section 28 from RUFB to $g-1 the City Planning
Commission does hereby recommend to the City Council that
Petition No. Z-195 be denied because existing 1/1-1 area
is not presently used to its fullness in that area.
A roll call vote on the foregoing resolution resulted in the follo..ing:
AYES:. Kane and Miller
NAYS: Greene, Lotz and ibbinson
Upon a motion duly made by Mr. Greene and seconded by Mr. Lotz, it was
#12-422-36 RESOLVED that , pursuant to a Public Hearing having been
held on Petition No. Z-195 as submitted by Lois Savage
President, Newman Farms , Inc. for a change of zoning in
the Southeast 1/4 of Section 28 from RUFB to 14-1 the City
Planning Commission does hereby recommand to the City
Oounr.il that Petition No. Z-195 be granted since studies
show that an increase in the area zoned for industrial as being
advisable along the railroad ribbon, and
FURTHER RESOLVED, notice of the above hearing was published
in the official newspaper, The Livonian under date of
November 29, 1956 and notice of which hearing was sent to
The Detroit Edison Company, Chesapeake and Ohio Railway, Consumer
Power Co _pany, City Departments and petitioner as listed in the
Proof o Service.
A roll call vote on the foregoing resolution resulted in the following:.
AYES: Greene, Lotz and Robinson
NAYS: Kane and Miller
The secretary announced that the next item on the agenda was Petition No.
Z-196 by Richard J. and Connie V. Hoffman requesting that the honing
classification of parcel 31Fla located on the East side of Ann-Arbbr Road
approximately 500 feet South of Ann Arbor Trail in the Northeast 1/4 of
Section 32 be changed from RUFB to C-1. The secretary read letter dated
November 28, 195b from Calvin Roberts, Chief, Livonia Fire Department.
Mr. Robert Lorion, Attorney, 9919 Hubbard Road was present representing the
petitioners.
Mr. Lorion stated that the area in this section is rapidly growing into C-2
area. On corner of Ann Arbor Trail and Ann Arbor Road there is a gas station,
adjoining to the West is a store, property across the street is zoned C-1
and the Southeast coher is also a gas station. The intent is to construct a
restaurant.
William Robinson relinquished the Chair to Leonard Kane at approximately i1s16 p.m,
and temporarily left the meeting.
497
Mr. Lotz asked depth of property and propsed re„oning. Mr. Richard Hoffman
stated approxiamately 600'
Mr. Lorion stated that this will provide adequate off-street parking.
Mr. Lutz. asked how much property petitioner owns outside of what is
petitioned for. Hr. Hoffman stated he does not own anymore property and. that
this is entire tract.
Mr. William Robinson returned to meeting at approximately 11;.22 p.m. and
Acting Chairman Leonard Kane relinquished the Chair at this time.
Mr. Greene read recommendation dated December 13, 1956 by Albe Munson, Planning
Consultant regarding item.
No one was present objecting to the petition as presented.
Mr. Lorion stated the property has 200' fronta -.e and that it is impractical
for RUF
Mr. Greene informed petitioners that there is to be a Howard Johnson Restaurant
in the immediate area.
Mr. Miller inforrnethe petitioners that Commission objects to string developments
however, he could not see how Commission could include a restaurant in group.
developments.
Upon a motion duly made by W. Greene, seconded by Mr. Kane and unanimously
carried, it was
#12-423-56 RESOLVED that, pursuant to a Public Hearing having been held
on Petition No. Z-196 as submitted by Richard J. and Connie V.
Hoffman for a change of zoning in the Northeast 1/4 of Section
32 from RUFB to C-1 the City Planning Commission does hereby
recommend to the City Council that contrary to the recommendation
of the P1 nning Consultant dated December 13, 1956 in that he
feels that this is spot zoning and encourages a string type
development; that Petition No. Z-196 be granted with the idea that
City will ultimately have a C-1 area in this triangle of
Ann Arbor Trail, West Chicago Road and Ann Arbor Road if the
pieces to the North and to the South were elso rezoned to C-1
it would make a compact c-1 area which this Commission feels
would not be detrimental , and
FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian under date of
November 29, 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 deiaared the fcmgoing resolution adopted.
1550
498
The secretary announced that the next item on the agenda was Petition No.
Z-203 by Leo a Guinan and William R. Shaw requesting that the zoning
classification of Lots 34, 35, and 36, Ho: ton's Newburgh Subdivision located
on the Southwest corner of Ann Arbor Road and Horton Avenue in the Northeast
1/4 Of section 31 be changed from RUFB to C-1. The secretary rear. letter dated
Nov.mber 29, 1956 from Calvin Roberts, Chief Livonia Fire Department. The
petitioners not a represe:tative was present.
Mr. Melvin Clement, 9721 Horton submitted petition signed by eleven residents
objecting to petition as presented.
Mr. Robinson asked use of property now. Mr. Clement stated parcels are vacant
For Eight to ten years there has been an old shack on the premises which has
just recently been removed. The only way a building could be cons .ructed is
to face existing home on Ann Arbor Trail.
°lrs. Paul Funk, 9314 Horton stated there are children who are now "walkers"
to Newburg Spool and there is a proposed school to be constructed on
Hix Road that will bring all the children by the proposed business.
Upon a motion duly made by Mr. Miller, seconded by Mr. Greene and unanimously
carried, it was
#12-424-56 RESOLVED that, pursuant to a Pu lie Hearing having been held
on Petition No. Z-203 as submitted by Leo a Guinan and
William Shaw for a change of zoning in the Northeast 1/4 of Section
31 from RUFB to C-1 the City Planning Commission does hereby recommend
to the City Council that Petition No. Z-203 be denied without "j1
prejudice inasmuch as petitioner is not present, and
FURTRE R RESOLVED, notice of the above hearing was published
in the official newspaper, The Livunian under date of Nov-
ember 29, 1956 and notice of which hearing was sent to the Detroit
Edison, Chesapeake & Ohio Railway Company, Michigan Bell Tele-
phone Compnay, 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. V-17
by Louis Sauve, et al requesting that the 18 foot public alley lying between
Fremont and Hug Streets from Dover to vacated Catheral Street in the South-
east 1/4 of Section 35 be vacated. The Secretary read letter dated Dec-
ember 17, 1956 from W.R. McCary, City Engineer and Dave Meinzing,--er, Director of
Public Works. The Petitioner nor representative was present.
Upon a motion duly made by Mr. Miller, seconded by Mr. Kane and unanimously
carried, it was
1441
9
#12-425-56 RESOLVED that, pursuant to a Public Hearing having been held
on Petition No. V-17 as submitted by Louis Sauve, et al for
the vacating of the 18 foot alley lying between Fremont and
Hugh Streets, from Dover to vacatedCathedral Avenue in the
Southeast 1/4 of Section 35, the City Planning Commission
does hereby recommend' to the City Council that Petition No.
V-17 be granted because it conforms to past pattern of
vacating alleys in this area and subject to an 18' easement
being provided for public utilities and surface drainage, and
FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian under date of November 29,
1956 and notice of which hearing-- was sent to the The Detroit
Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell
Telephone Company, The Cons :mer Power Company, City Departments
petitioners and abutting property owners as listed in the Proof
of Service.
The Chairaa n declared the foregoing resolution adopted.
The secretary announced that the next item on the agenda was Petition No.
Z-199 as initiated by the City Council on its own motion on the question.
whether or not Section 4.01 , Zoning Ordinance No. 60 si.oeld be amended.
Upon a motion duly made by Mr. Miller, seconded by Mr. Greene and unanim-
ously carried, it was
#12-426-56 RESOLVED that, pursuant to a Public Hearing :raving been held
on Petition No. Z-199 as initiated by the City Council on
its own motion on the question whether or not Section 4.04
Zoning Ordinance, No. 60 should be amended, the City Planning
Commission does hereby recommend to the City Council that
Petition No. Z-199 be granted for the protection of the home
owners , and
• FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian under date of November 29,
1956 and. notice of which hearing was sent to the Detroit Edison
Company, Chesapeake & Ohio Railway Company, Michigan Beal Telephone
Company, The Consumer Power Company and City Departments as listed
in the PrQof of Service.
The Chairman declared the foregoing resolution adopted.
Upon a motion duly made by Mr. Lotz, seconded by Mr. Kane and unanimously
carried, it was
#12-427-56 RESOLVED that, Petition No. Z-118a by L. Meyron Marko,
The Michigan Lumber Company requesting a change of zoning
in the Southwest 1/4 of Section 29 from RUFB to C-1 be
tabled until February 19, 1957 as requested by petitioner.
The Chairman declared the fore._oink, resolution afo^ted.
500 C:D
Mr. Irving Sims , Sims Neon & Clock Company, 4130 W. Six Mile Road, Det. 21
requested Comn ;ssion grant request for 72 square foot vertical sign on 9"
diameter steel pole 6' sunk in ground at the Club House Sar, 34105 Plymouth
Road on Parcel 33F and situated on the South side of PlymoAh Road approxi-
mately 400 feet East of Stark Road in the Northeast 1/4 of Section 33.
Petition was tabled December
4, 1956 until January 8, 1957 inasmuch as the
petitioner nor a representative was present at the becember 4, 1956 hearing.
Requested action as sign is constructed and is taking up valuable space in
their bulding.
Mr. Robinson stated original petitioner (LaTanway Signs) is no longer inter-
ested in sign.
Mr. Sins stated that they built the si, n but that they do not erect sign and
that the job is contracted by a sign hanger. Originally they hail hired
LaVanway Signs. Now it till be hung by Hortman Sign Company.
Mr. Pinto suggested the possibility of ading Si:.s Neon & Clock Company's
name to the petition. The interest of others would not be jeopardized by
adding the name of another person. Actually this question of LaVanway not
being interested in sign and Sims Neon & Clock now requesting action is a
question of procedure and not a question of law.
The secretary read letter dated December 12, 1956 from M. M. Lyons, Secretary
LaVanway Sign Company.
Mr. Pinto stated in effect the original petitioner is withdrawing the petition.
Mr. Sil.s asked whether or not it is the Club .Hous Bar who is really petitioner
for sign.
Mr. Robinson stated notices have been mailed on this as required. Asked
whether Commission could grant Mr. Sims permission to erect sign.
Mr. Pinto stated that if letter has the effect of withdrawing petition for
Commission's consideration, the the question is whether or not Mr. Sims can
get approval.
Upon a motion duly made by Mr. Miller, seconded by Mr. Kane and unanimously
carried, it was
#12-428-56 RESOLVED that, Petition M.-35 by LaVanway Signs requesting
permission to erect 72 square foot sign at the Club House
Bar, 34105 Plymouth Road in the Northeast 1/4 Section
33 be amended by striking former petitioners name and
inserting the name of Sims Neon and Clock Company.
•
The Chairman declared the foregoing resolution adopted.
Upon a motion duly made by Mr. Kane, seconded by Mr. Lotz and unanimously
carried, it was
#12-429-56 RESOLVED that, pursuant to a Public Hearing having been held
on December 4, 1956 the City Planning Commission does hereby
1553 ;---- 501
/(" i/
grant Petition M-35 by Sims Neon & Clock Company request-
ing permission to erect 72 square foot vertical sign on 9"
diameter steel pole 6' sunk in ground, sign begins 12'
above ground and 30' to top of sign from the ground located
at the Club House Bar, 34105 Plymouth Road on Parcel 33F and
situated on the South side of Plymouth Road aproximately
400 feet East of Stare. Road in the Northeast 1/4 of Section 33
since it conforms with adjoining area, and
FURT EH 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 fore: oing resolution adopted.
Lieutenant Bob Perry was excused from meeting at approximately 12:15 a.m.
Upon a motion duly made by Mr. Lotz and seconded by Mr. Kane, it was
"12-430-56 RESOLVED that, City Planning Commission approve Inter-Depart
mental Transfer No. 1120 dated November 30, 1956 for $73.12.
A roll call vote on the foregoing resolution resulted in the following.
AYES:, Greene, Kane, Lotz, Robinson, and Miller
NAYS:. None
The secretary read letter dated December l! , 1956 from Marie W. Clara, City
Clerk regarding joint meeting with the City Council January 9, 1957 regarding
the Population and Neighborhood Study as prepared by Alpe Munson, PlaLLing
Cons :ltant.
The Chairman informed Commission that the term "prints" as used in statements
from Mr. Munson refers to his recomm: ndations (8}x11) and that they cost 10¢
each unless he runs more than 100 at one time (a recommendation of four pages
would add up to the 100) then the chargewould be 7¢ each.
On a motion duly made, seconded and unanimously adopted this Public Hearing was
duly adjourned at approximately 12:22 a.m. , Decembe__ 19, 1956.
A'i'l'iSTED: Ro ert L. Miller, Secretary
i
Wilam R. Ro insoc), h)irman
Le nard Kane, Acting Vice-Chairman