HomeMy WebLinkAboutPLANNING MINUTES 1957-04-02 1,4.14
MINUTES OF A PUBLIC HEARING OF THE
CITY PLANNING COMMISSION
On April 2, 1957 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 Public Hearing to order
at approximately 8:10 p.m.
Members present: Wilfred Okerstrom Charles Walker William R. Robinson
Leonard Kane **H. Paul Harsha Robert L. Miller
Members absent: *Karle Steinhoff
Robert L. Greene
Fred A. Lotz
Lieutenant Bob Perry, Livonia Fire Department and Rodney Kropf, Asst. City
Attorney were present together with approximately 100 interested residents
attending the Public Hearing.
The secretary announced that the first item on the agenda was Petition M-24
by St. Michael Youth Activity Comm. requesting permission to hold a carnival
during the period of May 24 through June 2, 1957 at the Shelden Shopping
Center on a portion of Parcel 34Flalala2a located on the South side of Plymouth
Road between vacated Woodring Avenue and Farmington Road in the Northwest 1/4
of Section 34. The secretary read letter dated March 20, 1957 from Dallas F.
Hay, Police Commissioner.
Mr. Robinson stated that he had been informed that the City Council will con-
sider the proposed Ordinance controlling carnivals at the next meeting
April 8, 1957; therefore, would recommend that this be tabled until April 16,
1957 in order to allow the City Council to pass the proposed regulatory
Ordinance.
*Mr. Karle Steinhoff arrived at approximately 8:14 p.m.
Upon a motion duly made by Mr. Miller and seconded by Mr. Walker, it was
#4-87-57 RESOLVED that, Petition M-24 by St. Michael Youth Activity
Comm. requesting permission to hold a carnival during the
period of May 24 through June 2, 1957 at the Shelden Shopping
Center on a portion of Parcel 34Flalala2a located on the
South side of Plymouth Road between vacated Woodring Avenue
and Farmington Road in the Northwest 1/4 of Section 34 be
tabled until April 16, 1957 in order to give the City Council
an opportunity to pass the proposed Ordinance controlling
carnivals. ,
Mr. Kane asked how Commission can be assured that the City Council will act
on the proposed Ordinance. Mr. Robinson stated that that is the reason he is
recommending that the petition be tabled only two weeks.
A roll call vote on Resolution No. 4-87-57 resulted in the following:
AYES: Okerstrom, Kane, Walker, Harsha, Robinson and Miller
NAYS: None
NOT VOTING: Steinhoff
The secretary announced that the next item on the agenda was Petition M-44 '1
by Lt. L. J. Owens Auxiliary to Post No. 3941 requesting permission to hold
carnivals during May 2 through May 12, 1957 and September 12 through
September 22, 1957 in the Northwest 1/4 of Section 1 and the Northwest 1/4 of
Section 34.
Upon a motion duly made by Mr. Walker, seconded by Mr. Miller and unanimously
carried, it was
#4-88-57 RESOLVED that, Petition M-44 by Lt. L. J. Owens Auxiliary to Post
No. 3941 requesting permission to hold carnivals May 2 through
May 12, 1957 and September 12 through September 22, 1957 in the
Northwest 1/4 of Section 1 and the Northwest 1/4 of Section 34 be
tabled until April 16, 1957 in order to give the City Council an
opportunity to pass the proposed Ordinance controlling carnivals.
The Chairman declared the foregoing resolution adopted.
The secretary announced that the next item on the agenda was the revised
proposed Bai—Lynn Park Subdivision located on the East side of Merriman Road
between Lyndon and Schoolcraft Roads in the Southwest 1/4 of Section 23.
The secretary read letters dated March 22, 1957 from David Lewis; dated
March 28, 1957 from Dallas F. Hay, Police Commissioner; dated March 26, 1957
addressed to Commissioner Dallas F. Hay from Patrolman Robert A. VanDyke,
Traffic Bureau; dated March 29, 1957 from Donald Wilson, Chief Inspector and
dated March 26, 1957 from Calvin Roberts, Chief Livonia Fire Department.
Messrs. David Lewis and Harry Nayer, 882 Penobscot Building, Detroit were
present.
Mr. Walker asked if Commission has a record of the recommendations made at
the last meeting and whether Mr. Lewis included those recommendations on the
revised plat submitted here. Mr. Lewis stated he had included changes on
the plat.
Mr. Miller questioned Lot 37 in that it was to be increased from 871 to 1001
depth. Mr. Robinson stated that that has been corrected.
Mr. Miller questioned proposed set back on Schoolcraft Road. Mr. Robinson
stated that that will not be shown on the plat.
Mr. Robinson stated that he notes that petitioner has not provided any means
for turn around on Lots facing Schoolcraft and Merriman Roads. When plat was
first submitted, the Commission suggested a service drive bu t that since that
time the Wayne County Road Commissioners have discouraged use of a service
drive. Would like to see some means of turn around within these lots.
Mr. James P. McKenna, Attorney, 2211 Monroe, Dearborn asked whether or not
this is the final plat to be submitted by the petitioner. Mr. Robinson stated
it is not the final plat.
Mr. McKenna asked whether, on the final plat, it can be determined whether or
not there is adequate sewerage facilities over the entire area that is being
submitted. Mr. Robinson stated it would not. The City Council gives the
approval of the bond for the improvements and they will not set a bond for the
complete subdivision until adequate sewerage facilities are available.
Mr. McKenna asked whether Board is a Legislative or Administrative Body.
Mr. Robinson stated Administrative.
Mr. McKenna asked whether the approval of the plat is tantamount to the
Legislative rezoning. Mr. Robinson stated that that is correct. Mr. McKenna
stated that if Commission approves plat it is assuming Legislative to an
Administrative action. Mr. Robinson stated that in his opinion, questions
asked by Mr. McKenna are out of order.
Mr. McKenna asked whether the Commission, in weighing the plat, considers
all the functions that the plat entitles (fire, police protection, etc.)
Mr. Robinson stated it does.
Mr. McKenna asked whether the Commission had submitted to it adequate sewerage
facilities plans. Mr. Robinson stated at present the City Council is working
on a storm sewer program. At present there is not sufficient drainage for this
complete subdivision and that for that reason the City Council will not allow
all building permits to be issued. Many of the departments have been
instructed to withhold any further approval of areas in the Blue Bell Drain
but that this Commission is able to continue to approve plats. The final
approval of facilities will come from the City Council.
Mr. Louis Szabo, 14150 Hillcrest representing Schoolcraft Manor Civic
Association, stated association objects to plat because it does not conform
with rest of Section 23. All other developers in area made an attempt to
compromise whereas Mr. Lewis has not.
Mr. Joseph Bradus, 30920 Lyndon stated that until such time that the Master
drainage plan has been approved and there are proper facilities for drainage
plat should be held up until that time. Suggested eliminating one lot along
East and South ends of subdivision and spreading area over section.
Mr. Robinson asked Mr. Lewis whether he would be willing to follow Mr. Bradust
suggestion. Mr. Lewis stated he would not. Made changes as requested
previously and that that is as far as he would go.
Mr. Bradus stated he is opposed to plat as submitted as there is no provision
for turn around on either Schoolcraft or Merriman Roads and from the health
and welfare of community as when land is developed there will be more flood
water than what there is now.
Mr. Samuel Peterson, 30952 Schoolcraft Road stated he talked to tax payers
on Schoolcraft Road and they all have the same opinion — opposed to anything
along the line submitted as they have 100' frontage. The island on School—
craft Road is going to be a play ground for the children.
Mr. Harsha referred to Act 207, P.A. 1921, as amended "...to provide for
the establishment of districts or zones in cities and villages within which
the use of land and structures, the size, location, light and ventilation of
buildings and the density of population may be regulated by Ordinance...."
Stated in his mind, that controlls density of population because you do not
get as many homes as you do in R-1. Very serious safety problem is involved
in that the lots on Merriman Road are 60' and there is no way to turn around.
Mr. Walker stated that the commission started out with No. 1 plat and ended
up with No. 3 plat - thought Commission made improvements on each one. Much '
more concerned with lots on Merriman and Schoolcraft Roads than those abutting
private property in that there is the problem of traffic in and out of
property. Suggested increase of frontage on these two streets to make it
available for turn around. Mr. Lewis asked what size Mr. Walker had in mind.
Mr. Walker suggested elimination of one lot within tier of Lots 262 through
269 and spreading it over the others. Mr. Lewis stated elimination would
increase lots by 9' approximately. Asked whether Commission felt that that
would give it the type of turn around it had in mind. Mr. Walker stated it is
much greater advantage than what is shown on plat now.
Mr. Robinson stated he fails to see where additional lot frontage will help
unless Mr. Lewis provides additional slab for turn around. Asked Mr. Lewis
whether he would be willing to go along with Mr. Walker's suggestion.
Mr. Lewis stated he would go along with it if that is the Commission's wish.
Mr. Walker asked whether he would do the same thing on Merriman Road.
Mr. Lewis stated he would not as he did not feel Merriman Road will be the
highway that Schoolcraft Road is.
Mr. Walker suggested that the increassifrontage on Merriman Road will increase
the value of the homes.
Mr. Robert Comstock, 14183 Livonia Crescent questioned jurisdiction of the
Commission and whether it is interested in conforming property. Mr. Robinson
stated that that is one of the functions that the Commission takes into con-
sideration.
Mr. Comstock stated that this is the only area that will not conform to other
property. Mr. Robinson stated that Mr. Lewis is living up to the Ordinance
in that he is allowed to plat 7200 square foot lots with 60' frontage.
Mr. William White, 31341 Schoolcraft Road asked why Mr. Lewis couldn't stay
RUF in that other property in the area is at least 2/3, 1/2 do 10 acres.
Mr. Robinson referred to recent Law Suit between the City of Livonia and Donna
Development Company in which the Citylost.
Mr. Kane stated that if Commission made these lots that front on mile roads
any wider and put driveways in with turn arounds, wondered whether people
would actually turn around in their own habits of driving. Mr. Robinson
stated the only way it solves the safety factor is by reducing the number of
driveways that enter into the main streets.
Mr. Miller stated that this Commission actually has the alternative of
approving this plat as submitted or having Mr. Lewis return in a week or two
with a court decision whereby this Commission will have no chance to gain
what it has gained tonight.
Mr. Robert Himmel, 14041 Warner Court was present.
Upon a motion duly made by Mr. Miller and seconded by Mr. Kane, it was
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#4-89-57 RESOLVED that, pursuant to a Public Hearing having been held
the City Planning Commission does hereby give approval to
preliminary plat of Bai-Lynn Park Subdivision located on the
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East side of Merriman Road between Lyndon and Schoolcraft
Roads in the Southwest 1/4 of Section 23 provided one lot is
eliminated between Lots 262 and 269 and allocating the lot
area over the remaining area, and
FURTHER RE3)LVED, 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, Police Department, Parks and Recreation Department
and members of the Plat Committee.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Okerstrom, Kane, Walker and Hiller
NAYS: Steinhoff, Harsha and Robinson
Mr. Robinson caled a recess at approximately 9:00 p.m.
The Chairman called the Public Hearing to order at approximately 9:25 p.m.
Mr. Morris Weller, Attorney, 1503 Cadillac Tower, Detroit representing
Mr. Eugene J. Verville requesting that Petition N-49 requesting permission
E to build a Drive-In Restaurant on a portion of Parcel 04C located on the West
side of Farmington Road approximately 275 feet South of Eight Mile Road in the
Northeast 1/4 of Section 4 be adjourned without date.
Upon a motion duly made by Mr. Harsha, seconded by Mr. Kane and unanimously
carried, it was
#4-90-57 RESOLVED that, City Planning Commission adjourn order of
business in order to hear Item No. 9 as shown on the agenda.
The Chairman declared the foregoing resolution adopted.
Upon a motion duly made by Mr. Steinhoff, seconded by Mr. Miller and
unanimously carried, it was
#4-91-57 RESOLVED that, Petition M-49 by Eugene J. Verville, Verville--aubaut,
Inc. requesting permission to build a Drive-In Restaurant on a
portion of Parcel 04C located on the West side of Farmington Road
approximately 275 feet South of Eight Mile Road in the Northeast
1/4 of Section 4 be adjourned without date as requested by
Mr. Morris Weller, Attorney for petitioner.
The Chairman declared the foregoing resolution adopted.
The secretary announced that the next item on the agenda was the proposed
IL Livonia Hills Estates Subdivision located on the South side of Eight Mile
Road approximately 1,225 feet East of Haggerty Road in the Northwest 1/4 of
Section 6. The secretary read letters dated March B, 1957 from Harry E.
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Wolfe, President, Harry E. Wolfe, Inc.; dated March 29, 1957 from Donald
Wilson, Chief Inspector; dated March 29, 1957 from Howard Wiest, Secretary
Farmington Township Planning board; dated March 28, 1957 from Dallas F. Hay,
Police Commissioner; dated March 26, 1957 from Robert A. VanDyke, Patrolman
Traffic Bureau; dated March 26, 1957 from Calvin Roberts, Chief Livonia Fire
Department and dated March 26, 1957 from John S. Stock, Assitant Public
Health Engineer, Wayne County Health Department. Mr. Harry E. Wolfe was
present.
The Chairman introduced Mr. Howard Wiest to the Commission. Mr. Wiest
submitted for Commission's inspection proposed plat of area located on the
North side of Eight Mile Road.
Mr. Wolfe stated that he feels there is a need in Livonia for a development
with lots as shown on proposed plat for custom built homes.
Mr. Harsha stated the easements should be shown on proposed plat. Mr. Wolfe
stated he realizes that the easements will have to be shown on the final plat.
Mr. Okerstrom referred to Lots 9 and 32 in that there should be radius on
the corners.
No one was present objecting to proposed subdivision as submitted.
Upon a motion duly made by Mr. Kane, seconded by Mr. Walker and unanimously
carried, it was
#4-92-57 RESOLVED that, because proposed plat conforms to the area and
pursuant to a Public Hearing having been held, the City Planning
Commission does hereby give approval to preliminary plat of
Livonia Hills Estates Subdivision located on the South side of
Eight Mile Road approximately 1,225 feet East of Haggerty Road
in the Northwest 1/4 of Section 6 subject to: (1) Corners on
Lots 9 and 32 being rounded and (2) Recommendation in letter
dated March 26, 1957 from John S. Stock, Assistant Public Health
Engineer, Wayne County Health Department regarding Lots 1 and 2,
and
FURTHER RESOLVED, notice of the above hearing was sent to the
abutting property owners, proprietors, City Departments as listed
in the Proof of Service and copies of the plat together with notice
having been sent to the Building Department, Superintendent of
Schools, School Hoard President, Fire Department, Police Department
Parks and Recreation Department and Members of the Plat Committee.
The Chairman declared the foregoing resolution adopted.
The secretary announced that the next item on the agenda was Petition M-47 by
F. W. Randall, Randall Signs requesting permission to erect plastic and metal
48" x 16+ flat sign with 16" metal letters neonized as per sketch on face of
building on portion of Lot 97 and all of Lot 98, Brightmoor Home Acres Sub-
division located on the Northwest corner of Mayfield Avenue and Five Mile Road
in the Southwest 1/4 of Section 15. Mr. Ted Lesk, 23544 Hoover, VanDyke was
present representing the petitioner.
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Mr. Harsha asked whether sign is to be flat against the building. Mr. Lesk
stated that it will protrude 11" on the side walk.
No one was present objecting to the proposed sign.
Mr. Harsha asked whether sign will be flashing. Mr. Lesk stated it will not.
Upon a motion duly made by Mr. Kane and seconded by Mr. Walker, it was
#4-93-57 RESOLVED that, pursuant to a Public Hearing having been held
the City Planning commission does hereby grant Petition M-47
by F. W. Randall, Randall Signs requesting permission to
erect plastic and metal 48" x 16' flat sign with 16" metal
letters neonized as per sketch on face of building (sign to
read "French's Flowers and Gifts for all Occasions") on
portion of Lot 97 and all of Lot 98, Brightmoor Home Acres
Subdivision located on the Northwest corner of Mayfield
Avenue and Five Mile Road in the Southwest 1/4 of Section
15 because proposed sign is necessary to business, 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.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Steinhoff, Okerstrom, Kane, Walker, Robinson and Miller
NAYS: Harsha
Mr. Harsha stated he is opposed to sign because in his opinion it is too large
The secretary announced that the next item on the agenda was Petition M-48 by
F. W. Randall, Randall Signs requesting permission to erect metal 53" x 19'6"
flat sign with "Pizzeria" in 18" metal letters neonized as per submitted
sketch plus running lamps on face of building located on a portion of Lot 97
and all of Lot 98, Brightmoor Home Acres Subdivision located on the Northwest
corner of Mayfield Avenue and Five Mile Road in the Southwest 1/4 of Section
15. Mr. Ted Lesk, 23544 Hoover, VanDyke was present representing the
petitioners.
Mr. Lesk stated that the proposed sign will protrude the same distance as the
sign in Petition M-47.
Mr. Steinhoff stated he wonders why sign has to be so much larger than the
one in Petition M-47. Mr. Lesk stated that the word "restaurant" has so
many letters.
No one was present objecting to proposed sign.
Upon a motion duly made by Mr. Steinhoff and seconded by Mr. Kane, it was
#4-94-57 RESOLVED that, pursuant to a Public Hearing having been held
the City Planning Commission does hereby grant Petition M-48
by F. W. Randall, Randall Signs requesting permission to erect
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metal 53" x 19'6" flat sign with "Pizzeria" in 18" metal
letters neonized as per submitted sketch plus running lamps i- j
on face of building located on a portion of Lot 97 and all
of Lot 98, Brightmoor Hone Acres Subdivision located on the
Northwest corner of Mayfield Avenue and Five Mile Road in
the Southwest 1/4 of Section 15 because it complies with all
regulations and Ordinance No. 60, 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.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Steinhoff, Okerstrom, Kane, Walker, Robinson and Miller
NAYS: Harsha
The secretary announced that the next item on the agenda was Petition M-45
by Thomas G. and Evelyn B. Carrico requesting permission to construct a
gasoline service station on Parcel 27Flalbl located on the North side of
Plymouth Road approximately 1,425 feet East of Farmington Road in the
Southwest 1/4 of Section 27. The secretary read letters dated March 5, 1957
from Thomas G. and Evelyn B. Carrico and dated March 19, 1957 from Calvin
Roberts, Chief Livonia Fire Department. Mr. C. R. Gardner, 18058 Tracey,
Detroit was present representing the petitioners.
Mr. Steinhoff asked petitioner's closest neighbor. Mr. Gardner stated he is
between the barber shop and Lowrie Lumber Company. Approximately 180'
from the barber shop.
Mr. Miller asked how close this proposed station is to the next closest
station. Mr. Gardner stated approximately one-quarter mile to the East.
Mr. Robinson asked whether petitioner had statistics indicating need for
additional station. Mr. Gardner stated that there is verylittle service
station representation West of the Sunoco Station and adjoining to the
Shelden Shopping Center on the North side of the street. There seems to be
ample representation on the South eide of Plymouth Road.
Mr. Harsha stated from Arden Avenue where the Pure Station is located there
is nothing on the South side of Plymouth Road to Shelden Shopping Center.
Thereis a Standard Station just East of Merriman Road and there is a Mobil
Station at Merriman Road.
No one was present objecting to petition as presented.
Upon a motion duly made by Mr. Miller and seconded by Mr. Walker, it was
#4-95-57 RESOLVED that, pursuant to a Public Hearing having been held
the City Planning Commission does hereby deny Petition M-45
by Thomas G. and Evelyn B. Carrico requesting permission to
construct a gasoline service station on Parcel 27Flalbl
located on the North side of Plymouth Road approximately
1,425 feet East of Farmington Road in the Southwest 1/4 of
Section 27 because there are several gasoline service stations
in the area, enough to handle the business on Plymouth Road
and, further, that it will be a hazard across from Shelden
Shopping Center because people crossing from shopping center
would create traffic problem where traffic moves quite
speedily on Plymouth Road, and
FURTHER RESOLVED, notice of the above hearing was sent to
the property owners within 500 feet, petitioners and City
Departments as listed in the Proof of Service.
A Roll call vote on the foregoing resolution resuled in the following:
AYES: Steihhoff, Okerstrom, Walker, Harsha, Robinson and Miller
NAYS: Kane
Mr. William Hayes, Attorney was present and requested to be heard regarding
Commission's decision.
Mr. Harsha stated in his own mind the case is closed.
Mr. Kropf agreed with Mr. Harsha in that petition has been presented, heard
and action taken, but that in the interest of being fair to everyone
Commission should allow Mr. Hayes to make a statement.
Mr. Hayes asked Commissioners whether they had any reasons or statistics to
back up the denial for safety reasons. Stated gas stations provide clear
view - more than any other type of business. Safety statistics show that there
are fewer accidents at or on gas station property and :bould not see basis
for denial for traffic safety.
Mr. Miller stated he is unable to get onto Plymouth Road from Merriman Road
now and that people coming out of Shelden Shopping Center are going to cross
from the North side to South side. Felt very strongly that if there is
an auto going across the street that it will be very possible for an accident
except if there is a stop light. There are no lights between Farmington and
Middlebelt Roads.
Mr. Hayes asked whether Commission had a formula in that the denial was
based on too many stations. Mr. Robinson stated that it is bad planning in
that there are six or seven gas stations within a mile of the proposed station.
**Mr. H. Paul Harsha was excused from meeting at approximately 10:14 p.m.
The secretary announced that the next item on the agenda was Petition No.
Z-207 by Albert B. and Della S. Shulman requesting that the zoning
classification of Parcel 14X2b located on the North side of Five Mile Road
approximately 660 feet West of Middlebelt Road in the Southeast 1/4 of
Section 14 be changed from RUFB to C-2. Dr. Albert B. Shulman and Mr. Sey-
mour Goldman, Attorney, 1503 Ford Building, Detroit were present.
The secretary read letter dated March 4, 1957 from Rodney C. Kropf, Asst. City
Attorney.
Dr. Shulman submitted plot plan as requested by Commission.
Mr. Goldman stated in view of the opinion from Mr. Kropf, his client has not
prepared a statement as requested by Commission. If the proposed plot plan
meets with the approval of the Commission thought a statement could be worked
out and that it is the least of their problem.
Mr. Okerstrom asked whether parcel in question backs up to residential
property. Mr. Goldman stated that the parcel backs up to piece of property
owned by the church.
Mr. Walker referred to parking area marked "auxiliary parking". Mr. Goldman
stated that if the community needs warrents it, rather than expand building
in an easternly direction they would plan to expand building to the rear.
Mr. Robinson asked whether it would hamper their plans if this request is
held up until the building is to be erected. Dr. Shulman stated that he
will have to seek company and that it will not be easy unless he has something
to work with. Interested parties will not want space unless they know they
will have space.
Mr. Robinson asked when Commission could expect written statement. Mr. Gold—
man stated it will be presented very shortly.
Mr. Kane referred to the Zoning Ordinance, Ordinance No. 60 and stated that
a Medical—Dental Clinic requires one parking space for each 200 square feet
of floor area. According to plot plan submitted, petitioner will have to
provide space for 15 cars.
No one was present objecting to petition as submitted.
Mr. Miller asked whether property adjoins C-2 property. Mr. Goldman stated
property to the East is zoned C-2.
Upon a motion duly made by Mr. Kane, seconded by Mr. Steihhoff and unanimously
carried, it was
#4-96-57 RESOLVED that, pursuant to a Public Hearing having been held
on February 19, 1957 on Petition No. Z-207 as submitted by
Albert B. and Della S. Shulman for a change of zoning in the
Southeast 1/4 of Section 14 from RUFB to C-2, the City Planning
Commission does hereby recommend to the City Council that
Petition No. Z-207 be granted pending the receipt of a written
statement frau the petitioners that the property will be used
only for a Medical and Dental Clinic and that this Commission
is relying on the representation of the petitioners that this
will be a Medical Dental Clinic, and
FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian under date of January 13,
1957 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, City Departments and
petitioners as listed in the Proof of Service.
The Chairman declared the foregoing resolution adopted.
bit .
The secretary read letter dated March 26, 1957 from Harry Kirsh, President
Kirsh Construction Company, Inc. requesting final approval of Kirsh Bub-
division located on the South side of Ann Arbor Trail approximately 200 feet
LWest of Wayne Road in the Southwest J/4 of Section 33. The secretary also
read letter dated March 27, 1957 from Marie W. Clark, City Clerk.
Messrs. Harry Kirsh and Seymour Wiseman, Best Land Development Company, 15496
Telegraph Road, Detroit were present.
Upon ar*tion duly made by Mr. Kane, seconded by Mr. Miller and unanimously
carried, it was
#4-97-57 RESOLVED that, final plat of Kirsh Subdivision located on the
South side of Ann Arbor Trail approximately 200 feet West of
Wayne Road in the Southwest 1/4 of Section 33 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 20, 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 April 4, 1956; and it further appearing
that a bond in the amount of $63,000 to cover the installation of
improvements has been filed in the office of the City Clerk under
date of March 25, 1957; such bond having been approved by
Charles J. Pinto, Assistant City Attorney under date of March 26,
1957 it would therefore appear that all the auditions 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.
The secretary read letter dated March 16, 1957 from Robert H. Lorion,
Attorney for Marvin Kaye requesting an extension of the Commission's approval
of the preliminary plat of Curtis Acres Subdivision located in the West 1/2
of Section 10. Messrs. Robert H. Lorion and Marvin Kaye were present.
Upon a m otion duly made by Mr. Steinhoff, seconded by Mr. Millerand
unanimously carried, it was
#4-98-57 RESOLVED that, City Planning Commission does hereby grant 90
day extension to the preliminary plat of Curtis Acres Sub-
division located in the West 1/2 of Section 10.
The Chairman declared the foregoing resolution adopted.
The secretary read letter dated March 18, 1957 from Irving Levine, President
Burt Homes, Inc. requesting an extension of the Commission's approval of the
preliminary plat of Meri-Lynn Farms Subdivision and Meri-Lynn Farms Subdivision
No. 2 through No. 9 located in the Southeast ]/4 of Section 22. Mr. Irving
Levine was present.
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Mr. Robinson stated that in his opinion a year's extension is a long period
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to grant. Petitioner can return and request further extensions.
Mr. Kane asked why extension couldn't be granted for one year as requested.
Mr. Robinson stated conditions change.
Mr. Levine stated he requested a year's extension because plat is approved
in the first instance for a year's period. It appears that he will require
another year before they can bring in the final plats.
Mr. Steinhoff stated that if Commission is going to set precedent, think it
should be for only a six month's period.
Mr. Kane made the following motion which died for lack of support:
RESOLVED that, City Planning Commission doeshereby grant a
one year's extension to the preliminary plat of Meri-Lynn
Farms Subdivision and the Meri-Lynn Farms Subdivision, No.
2 through No. 9 located in the Southeast 1/4 of Section 22.
Upon a motion duly made by Mr. Miller and seconded by Mr. Steinhoff, it was
#4-99-57 RESOLVED that, City Planning Commission does hereby grant a
six month's extension to the preliminary plat of Meri-Lynn
Farms Subdivision and Meri-Lynn Farms Subdivisions No. 2
through No. 9 located in the Southeast 1/4 of Section 22.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Steinhoff, Okerstrom, Walker, Robinson and Miller
NAYS: Kane
Mr. Leonard Raney, Raney Brothers was present regarding removal of topsoil
located on a portion of Parcel 23C 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.
Mr. Robinson stated that Mr. Raney has been stopped from his operation and
that he did not notice Application TA22 requesting renewal of Permit No. 32
in tire to set it up for Public Hearing tonight. Item will be presented to
the Commission April 16, 1957.
Mr. Raney stated that he has satisfied the Police Department, Department of
Public Works and the Bureau of Inspection in his operation and that to be
shut down two weeks will ruin him financially.
Mr. Robinson stated that in his opinion Commission will not be stepping out of
bounds by allowing a two weeks extension.
Mr. Kropf assured Commission that Mr. Raney was timely in getting an
application and filing it with the Bureau of Inspection in order to be placed
on the Commission's agenda tonight.
Mr. Walker stated that on that basis this Commission would have the power to
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act on the request tonight.
Mr. Kropf stated he did not think the Commission had the power but that he
1[46 was not in a position to give Commission the judicial opinion. Suggested
petitioner get relief by going to the Circuit Court and obtaining an
injuction on the City tocperate.
Mr. Raney stated he did not want to do that.
Mr. Miller stated that in view of the fact the petitioner has operated, had
a public hearing and he has acted in time and it should have been presented
to the Commission tonight, felt the Commission could go ahead and take a
vote and see how Commission stands.
Mr. Steinhoff stated that the Legal Department advised Commission it should
abide by the Ordinance and that that is what he will go by.
Mr. Okerstrom stated that when topsoil was first removed it had a Public
Hearing at which time there wasn't any objection and sure there will be no
objection now. There are no homes in the area and therefore feel Mr. Raney
should be granted an extension.
Mr. Kane stated he sees nothing wrong with a two weeks extension.
Mr. Walker stated that Commission is only harming the individual and did not
think that that is the intent. Could see no reason to deny Mr. Raney's right.
EMr. Robinson concurred.
Upon a motion duly made by Mr. MiIier and seconded by Mr. Walker, it was
#4-100-57 RESOLVED that, City Planning Commission grant Mr. Leonard
Raney, Raney Brothers a two weeks extension to remove topsoil
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.
Mr. Kropf advised Commission that it may be acting in contempt of the
Ordinance. Question of whether or not Commission has power to grant
extension.
Mr. Robinson asked whether the motion in the form given, is satisfactory for
Building Department or Police Department to allow Mr. Raney to conduct his
business. Mr. Raney stated that that is all the Police Department wants.
A roll call vote on Resolution No. 4-10457 resulted in the following:
AYES: Okerstrom, Kane, Walker, Robinson and Miller
NAYS: Steinhoff
Lieutenant Perry was excused from meeting at approximately 11:00 p.m.
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Upon a motion duly made by Mr. Walker and seconded by Mr. Okerstrom, it was C�
#4-101-57 RESOLVED that, City Planning Commission does hereby subscribe
for a one year period to the Zoning Bulletin at $10.00 per year.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Steinhoff, Okerstrom, Kane, Walker, Robinson and Miller
NAYS: None
The secretary announced that the next item on the agenda was Petition No.
Z-213 as initiated by the City Planning Commission on its own motion on the
question whether or not Section 12.02 of the Zoning Ordinance, Ordinance No.
60 and Article 12.00 of said Ordinance should be amended by adding thereto
sections 12.03, 12.04, 12.05 and 12.06. The secretary read letter dated
March 29, 1957 from Rodney C. Kropf, Asst. City Attorney.
Mr. Kane, Chairman ofthe Zoning Amendment Committee concurred with
recommendation made by Mr. Kropf.
Mr. Kropf referred to Subsectbn b, Section 12.02 in that this use takes in
several types of organizations.
Mr. Kane suggested that Subsection b, Section 12.02 be eliminated and that
this use be inserted as Subsection e, Section 12.03.
Upon a motiOn duly made by Mr. Kane, seconded by Mr. Miller and unanimously
carried, it was
#4-102-57 RESOLVED that, for the health, safety and primarily for the
general welfare of the City; providing an area for the
central location of the government and pursuant to a Public
Hearing having been held on March 5, 1957 on Petition No.
Z-213 as initiated by the City Planning Commission on its
own motion on the question whether or not Section 12.02 of
the Zoning Ordinance, Ordinance No. 60 and Article 12.00
of the said Ordinance should be amended by adding thereto
Sections 12.03, 12.04, 12.05 and 12.06 (CC District
Regulations), the City Planning Commission does hereby
recommend to the City Council that Petition No. Z-213 be
granted subject to Subsections e and b, Section 12.02 being
deleted in their entirety and reword Subsection d of Section
12.03 as shown in letter dated March 29, 1957 from
Rodney C. Kropf, Asst. City Attorney and add Subsection e,
Section 12.03 to read "Non-profit organization institutions",
and
FURTHER RESOLVED, notice of the above hearing was published
in the official newspaper,The Livonian under date of
February 14, 1957 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 lit ed in the Proof of Service.
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The Chairman declared the foregoing resolution adopted.
There was a brief discussion regarding the zoning of the Civic Center. It
was suggested by Mr. Miller that a letter be directed to the City Council
requesting either a joint meeting or their view points of area that they
desire for the Civic Center in order to give this Commission a guide to
start its action immediately on the rezoning of the area.
A brief discussion was held regarding a Sign Ordinance. It was suggested
that a joint meeting be held with the Building Department in order to resolve
this problem.
Mr. Robinson informed Commissioners that Mr. Munson has suggested that the
zoning maps be brought up-to-date.
Mr. Miller stated he could see no reason for bringing maps up-to-date more
than once a year.
Mr. Robinson suggested a letter be directed to the various departments to
ascertain their feeling regarding an up-to-date map.
The Commission was informed that there will be a joint meeting with Mr. Dave
Meinzinger April 4, 1957 to discuss the storm sewer plan for the City of
Livonia.
Upon a motion duly made by Mr. Miller, seconded by Mr. Kane and unanimously
carried, it was
#4-103-57 RESOLVED that, it has been brought to the attention of the
City Planning Commission by Albe Munson, Planning Consultant
that the $6,400 Contract designed as Contract "A" as sub-
mitted and as approved by the City Council of the City of
Livonia March 4, 1957 under Resolution No. 155-57 does not
clearly set forth in a clear fashion the amount of work to
be done for the compensation provided therein; therefore,
the City Planning Commission does hereby request that the
City Council consider and act upon the revised contract
designated as Contract "A" and submitted by Albe Munson
Planning Consultant which contract more clearly sets forth
the amount of work to be done for the compensation provided
therein.
The Chairman declared the foregoing resolution adopted.
The secretary informed the Commissioners that the 13th Annual Conference of
the Michigan Society of Planning Officials will be held at the Pantlind Hotel
in Grand Rapids on Friday, April26 and Saturday April 27, 1957.
On a motion duly made, seconded and unanimously adopted, this Public Hearing
was duly adjourned at approximately 12:00 p.m., April 2, 1957.
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ATTESTED: Ro.ert L. Miller, Secreta
William R. Robinson, Chairman