HomeMy WebLinkAboutPLANNING MINUTES 1957-04-16 MINUTES OF A PUBLIC HEARING AND THE 79TH REGULAR MEETING
OF THE CITY PLANNING COMMISSION
On April 16, 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 79th Regular Meeting to
order at approximately 8:11 p.m.
Members present: Fred A. Lotz Leonard Kane **H. Paul Harsha
Wilfred Okerstrom Charles Walker William Robinson
Robert L. Greene Robert L. Greene
Members absent: *Karle Steinhoff
Lieutenant Bob Perry, Livonia Fire Department was present together with approxi-
mately 150 interested people attending the Public Hearing and the Regular
Meeting.
The secretary announced that the first item on the agenda was the question as
to whether or not West Chicago Road shall be extended West from Henry Ruff
Road. The secretary read letters dated April 16, 1957 from John F. O'Bey,
Secretary, Grandon Woods Civic Association, Inc. and dated April 3, 1957 from
William N. Ponder, City Attorney and petition signed by approximately 125
residents in support of street being vacated.
Mr. Walker stated that in his opinion the reasons given before the Commission
are very intelligent reasons because the Commission knows West Chicago Road is
not a through street from Detroit. All know that there is no immediate need
to open West Chicago Road. Commission has been proud of the fact that it has
been able to locate schools and streets that children do not have to cross main
thoroughfares. Thought these points should be kept in mind in passing on this
decision.
Mr. Kane stated that tie re would be no precedent set if Commission shoulddead
end West Chicago Road at Henry Ruff Road as it is presently stopped at Stark
Road, Hathaway and Farmington Road.
Mr. Robinson asked if there was anyone present opposed to having West Chicago
Road dead ended at Henry Ruff Road. No one was present.
Mr. J. Culbertson, 29956 West Chicago Road asked if item is tabled how long it
will be before residents will have to attend meeting again.
Mr. Robinson stated that the Commission will have to amend its Master
Thoroughfare Plan.
Mr. Miller asked when item could be presented for Public Hearing. It was
ascertained that a Public Hearing could be held on the Master Plan May 21, 1957.
Upon a motion duly made by Mr. Miller, seconded by Mr. Kane and unanimously
carried, it was
#4-104-57 RESOLVED that, the City Planning Commission of the City of
Livonia having conducted a careful and comprehensive survey
and study of whether or not West Chicago Road should be
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extended from Henry Ruff Road westerly to Sunset Avenue in
Section 35 of the City of Livonia, and it appearing that the
extension of West Chicano Road between Henry Ruff Road and
Sunset Avenue would not best promote the health, safety and
general welfare of the community, the City Planning Commission
on its own motion does hereby order a Public Hearing to be
held May 21, 1957 at 8:00 p.m. in the City Hall of the City of
Livonia, on a proposed amendment to Part I of the Master Plan
of the City of Livonia which would delete the extension of
West Chicago Road between Henry Ruff and Sunset Avenue
in Section 35 of the City of Livonia; IT IS FURTHER RESCUED
that notice of the time and place of said meeting be published
in a newspaper of general circulation in the City of Livonia
and that proper notice by registered mail be sent to each
public utility company and railroad company owning or operat-
ing any public utility or railroad within Section 35 of the
City of Livonia in accordance with the provisions of Section
5.2998 of the Michigan Statutes Annotated.
The Chairman declared the foregoing resolution adopted.
The secretary announced that the next item on the agenda was Petition M-24 by
St. Michael Youth Activity Committee requesting permission to hold carnival
during the period of May 24 through June 2, 1957 at 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 letters dated April 2, 1957 from Donald Wilson,
Chief Inspector and dated March 19, 1957 from Calvin oberts, Chief Livonia
Fire Department. The petitioner nor a representative was present.
*Mr. Karle Steinhoff arrived at approximately 8:28 p.m.
Mr. William Ponder, City Attorney arrived at approximately 8:29 p.m.
Mr. Robinson stated that Ordinance No. 162 (Carnival Ordinance ) does not
include the information that is contained in letters from Calvin Roberts, Chief
Livonia Fire Department and Donald Wilson, Chief Inspector, Believed letters
should be included in the motion.
Mr. Walker read Section 4.08, Zoning Ordinance, No. 60 and stated he did not
think Commission could classify trailers connected with a carnival a trailer
camp.
Mr. Robinson stated that that is why the petitioners would have to go to the
Zoning Board of Appeals.
Mr. Walker stated he did not think they are prohibited under this section.
No one was present objecting to petition as presented.
Mr.Walker asked Mr. Ponder whether there was anything in Ordinance No. 162
regarding trailers. Mr. Ponder stated that the Ordinance is silent in this
respect.
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Mr. Walker asked if there was any feeling or discussion by the City Council
as to trailers being a part of the carnival. Mr. Ponder stated there was not.
E Mr. Miller reread letter dated April 2, 1957 from Donald Wilson, Chief Inspector
Mr. Ponder stated in his opinion the Bureau of Inspection is in error.
Section 4.08 pertains to anything of a permanent nature - trailer camps where
people live almost permanently. It would be a strain on the Ordinance to say
there could not be a trailer with a carnival - the same as they have rides, etc.
Some of the Commissioners indicated that they had not had an opportunity to
read Ordinance No. 162 as adopted by the City Council.
Mr. Greene stated he would like to be sure everything is covered in Ordinance
No. 162. Asked if the comments in letter dated June 1, 1956 addressed to the
Honorable Council from Mayor William Brashear are covered in Ordinance.
Mr. Robinson suggested that petition be tabled in order to give Commission
opportunity to read Ordinance No. 162.
Mr. Harsha asked whether it still says "with the permission of the City
Planning Commission" or are carnivals out of theCommissionts hands.
Mr. Ponder stated that the Ordinance is a regulatory measure and petitioner
still has to come before Commission for approval according to Ordinance No. 60.
It the City Council and the Commission feel in the future that they can
regulate carnivals to the extent necessary then there will have to be an
amendment to Zoning Ordinance No. 60 accordingly.
Mr. Walker asked if there is anything in Ordinance regarding police protection.
Mr. Miller read letter dated June 2, 1956 addressed to the City Council from
Mayor William Brashear.
Mr. Robinson stated that if the Commission includes comments made by the Bureau
of Inspection, Fire Department and the Mayor in their various letters did not
think Commission could miss.
Mr. Harsha suggested Item 1 in letter from Bureau of Inspection should be
excluded.
Mr. Ponder stated that it would be up to the Bureau of Inspection to see that
carnivals are operated properly.
Mr. Robinson asked whether Ordinance regulates the cost of the police
protection. Mr. Ponder stated that the Ordinance provides a fee.
Mr. Kane stated he believed Mr. Ponder right and that all Commission has to do
is approve the location. The regulating is up to the City Council and they
feel that the Ordinance (No. 162) covers all that they want it to cover.
Mr. Robinson stated that this Commission does not know exactly what Ordinance
No. 162 contains and on many occasions Commission has been critized.
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Mr. Kane stated that before there was no regulatory ordinance at all - now C7
Commission has something. The City Council will be critized and not us.
Upon a motion duly made by Mr. Walker and seconded by Mr. Miller, it was
#4-105-57 RESOLVED that, pursuant to a Public Hearing having been held
April 2, 1957 the City Planning Commission does hereby grant
Petition M-24 by St. Michael Youth Activity Committee request-
ing permission to hold a carnival during the period of May 24
through June 2, 1957 at 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 subject to compliance with
Ordinance No. 162, letters dated March 19, 1957 from Calvin
Roberts, Chief Livonia Fire Department and dated April 2, 1957
from Donald Wilson, Chief Inspector (except Item No. 1 in
letter), and
FURTHER RESOLVED, notice of the above hearing was sent to the
property owners within 500 feet, petitbner and City Depart-
ments as listed in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Okerstrom, Kane, Walker, Harsha and Miller
NAYS: Greene, Steinhoff, Lotz and Robinson
The secretary announced that the next item on the agenda was 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.
The secretary didn?t reread letters dated March 19, 1957 from Calvin Roberts,
Chief Livonia Fire Department and dated April 2, 1957 from Donald Wilson, Chief
Inspector. The secretary did read letter dated April 15, 1957 from Mrs. Edna
Bierkamp. Mrs. Edna Bierkamp was present.
No one was present objecting to petition as presented and as amended.
Upon a motion duly made by Mr. Walker and seconded by Mr. Kane, it was
#4-106-57 RESOLVED that, pursuant to a Public Hearing having been held
April 2, 1957 the City Planning Commissbn does hereby grant
Petition M-44 by the Lt. L. J. Owens Auxiliary to Post No. 3941
requesting permission to hold carnivals May 7 through May 14,
1957 and September 12 through September 22, 1957 in the
Northwest 1/4 of Section 1 and the Northwest 1/4 of Section 34
subject to compliance with Ordinance No. 162, letter dated
April 2, 1957 from Donald Wilson, Chief Inspector (except Item
No. 1 in letter) and dated March 19, 1957 from Calvin Roberts
Chief Livonia Fire Department, and
FURTHER RESOLV M, notice of the above hearing was sent to the
property owners within 500 feet, petitioner and City Depart-
ments as listed in the Proof of Service.
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Mr. Greene stated he would like to explain his "nay" vote insofar as he was
not objecting to proposed carnival but did not have an opportunity to read
Ordinance No. 162
A roll call vote on resolution No. 4-106-57 resulted in the following:
AYES: Okerstrom, Kane, Walker, Harsha and Miller
NAYS: Greene, Steinhoff, Lotz and Robinson
The Chairman called a recess at approximately 8:55 p.m.
The Chairman called the regular meeting to order at approximately 9:11 p.m.
The secretary announced that the next item on the agenda was the final approval
of Trojan Subdivision located on the North side of Broadmoor Avenue between
Alexander Street And Harrison Avenue in the Southwest 1/4 of Section 13. The
secretary read letter dated April 15, 1957 from Joseph H. Friedman, The
petitioner nor a respresentative was present.
No one was present objecting to final approval of proposed plat.
Upon a motion duly made by Mr. Greene and seconded by Mr. Steinhoff, it was
#4-107-57 RESOLVED that, City Planning Commission does hereby table
until May 7, 1957 final approval of the proposed Trojan
Subdivision located on the North side of Broadmoor Avenue
between Alexander Street and Harrison Avenue in the south-
west 1/4 of Section 13 as requested by the petitioner.
Mr. Kane asked whether it is necessary that petitioner be present to grant
final approval to plan. Mr. Robinson stated he thought so inasmuch as
Commission has some questions.
A roll call vote on Resolution No. 4-107-57 resulted in the following:
AYES: Greene, Steinhoff, Lotz, Okerstrom, Kane, Harsha, Robinson
and Miller
NAYS: None
NOT VOTING: Walker
The secretary announced that the next item on the agenda was Petition No.
Z-188 by John and Martha Veenstra requesting that the zoning classification of
portion of Parcels 13G3b2 to 13G3b9 and 13G3a,G3bl located on the East side
of Cavour Avenue approximately 160 feet North of Five Mile Road in the South-
west 1/4 of Section 13 be changed from RUFB to R-3. The petitioner nor a
representative was present.
Mr. Robinson. stated that he had had a telephone call from Mr. Donald C. Deremo
Attorney for the petitioners requesting that item be tabled without date to let
petitioners work out further details on acquiring further property.
Upon a motion duly made by Mr. Kane, seconded by Mr. Greene and unanimously
carried, it was
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#4-108-57 RESOLVED that, City Planning Commission does hereby table
Petition No. Z-188 by John and Martha Veenstra requesting
change of zoning in the Southwest 1/4 of Section 13 from
RUFB to R-3 as requested by Donald C. Deremo, Attorney
for the petitioners.
The Chairman declared the foregoing resolution adopted.
Upon a motion duly made by Mr. Walker, seconded by Mr. Lotz and unanimously
carried, it was
#4-109-57 RESOLVED that, 79th Regular Meeting be temporarily adjourned
in order to hear items on the public hearing wherein certain
interested persons are present.
The Chairman declared the foregoing resolution adopted.
The secretary announced that the next item on the agenda was Petition No.
Z-117a by Harriet Lange requesting that the zoning classification of Lots 547
and 548, Supervisor's Livonia Plat, No. 9 located on the South side of
Plymouth Road approximately 640 feet West of Newburg Road in the Southeast
1/4 of Section 30 be changed from RUFB to C-2 or C-1. The secretary read
letter dated March 19, 1957 from Calvin Roberts, Chief Livonia Fire Department.
Mr. James Kennam, 27300 Grand River Avenue, Detroit and Senator John B.
Swainson, 3001 Cadillac Tower, Detroit were present.
Senator Swainson stated that his client has owned lots since 1950 and that use
is now non-conforming use. Client is in this position because she had no actual
notice requiring all non-conforming uses to register within one year after the
adoption of the Zoning Ordinance. Client does considerable gross in business.
Prior to her purchase the buildings were used for industrial purposes. Client
does not intend to increase business but to fix up building by adding an
addition to accommodate people that attend auction. There would also be park-
ing facilities provided. Property was zoned commercial when purchased. Felt
this to be a hardship case.
Mr. Kennam submitted plans showing proposed addition.
Mr. William Snell, 37470 Plymouth Road stated that residents have been object-
ing to this proposed rezoning since 1940 or before. Did not think it would
enhance neighborhood because the type of business is certainly not the kind
one would like to have in front of his home. Been in area since 1934 and
property has always been RUFB.
Mr. Swainson stated at the time it was purchased in 1950 it was zoned
commercial.
Mr. Robinson stated that the Township Map adopted in December, 1945 shows area
as RUFB.
Mrs. William Snell, 37470 Plymouth Road stated we are told by newspapers, radio
television, etc. that we are not very good American citizens to permit our
neighborhoods to deteriorate. The auction house has always been an obstruction
in the neighborhood. Did not think people who have built new homes with the
anticipation that the auction house would be permitted to remain. Have built
homes under the hope that auction house would be eliminated from the neighbor-
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hood.
Mr. Tom Green, 37721 Grantland stated there are no sanitary facilities avail-
( able in the building.
Mr. Swainson stated that he is cognizant of the condition. The petitioner does
have the right to use her property as she sees fit. Certainly the building
at present is not too attractive. An Addition on the same lot might enhance
and clear up some of the situation. Also there would be an orderly place to
park cars. Pressume there will be sanitary facilities.
Mr. Kare asked what would be done with existing building. Mr. Swainson stated
that the existing building would be left and that the new building would be to
the West. The existing building will be used for storage and the new building
for the people attending the auction. Lot qii4, will be used for parking only
and there will be no building placed on that lot.
Mr. Walker stated that the building as situated will have to be decreased in
frontage because of the right-of-way. Wondered if something couldn't be done
so that the appearance will be one continuous building. Mr. Kennam stated
that client is in a financial position to do this and would be willing to move
building back.
Mr. W arren Gardner stated there is all kinds of parking space available in back
Petitioner does not live in Livonia but in Garden City.
Mr. Lotz read recommendation dated March 26, 1957 from Albe Munson, Planning
Consultant.
Mr. Miller asked whether petitioner owns property and whether she has owned it
for sometime. Mr. Swainson stated she has.
Mr. Miller asked what she has done to improve parking facilities inhe past.
Has petitioner ever made any attempt to make provision for cars. Mr. Kennam
stated he believed she made numerious attempts but cannot get public to park
in back. Petitioner has not had an honest chance to do something about this.
Mr. Miller asked how petitioner is going to make them drive back tomorrow when
she cannot get them to drive back today. Mr. Kennam stated petitioner will
drain lot. Lot cannot be unproved with the present building.
Mr. Miller stated in his opinion petitioner has never done anything to better
her business today.
Mr. Greene stated that it seemed to him as a non-conforming use the business
may continue but it cannot be expanded. It will not be permitted in any case.
Mr. Swainson stated that petitioner has been stopped by the physical condition
of ..the building.
Mr. Kennam stated petitioner has no other proposal in mind other than to
alleviate the situation as it exists.
Ir. Walker asked Mr. Ponder whether Section 4.3 , Zoning Ordinance, No. 60
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pertain to non-conforming businesses as well as legal business. Er. Ponder Cz'
stated a non-conforming use is a use that is made non-conforming by the
adoption of the Zoning Ordinance because of the zoning changes. It becomes
non-conforming because it does not comply. If the use is in existence at the
time regardless of the parking facilities it can be used as such even though
the Ordinance requires otherwise.
Mr. Walker stated under the existing zoning the City of Livonia has no
regulation enforcing parking whereby with the proposed zoning the City would
have regulatory control of the parking requirements for the business.
Upon a motion duly made by Mr. Greene and seconded by Hr. Lotz, it was
r`4-110-57 RdSOLVM) that, pursuant to a Public Hearing having been held
on Petition No. Z-117a as submitted by Harriet Lange for a
change of zoning in the Southeast 1/4 of Section 30 from RUFB
to C-1 or C-2, the CityPlanning Commission does hereby
recommend to the City ouncil that Petition No. Z-117a be
d enied on the grounds that according to the plans submitted
(dated May 10, 1955 by Clarence A. Durbin) this is clearly a
case of expanding a non-conforming use therefore there is no
use in changing zoning from RUFB to either C-1 or C-2, and
FURTHER RESOLVED, notice of the above hearing was published
in : the official newspaper, The Livonian under date of March 21,
1957 and notice of which hearing was sent to the Detroit Edison
Company, Chesapeake & Ohio Railway Company, Michigan Bell Tele-
phone Company, The Consumers Power:,Company, City Departments
and petitioner as listed in the Proof of Service.
Mr. Walker stated he believed if-there is any hope and if the City is to have
any control in dressing this business up and if we are going to alleviate the
present parking condition and if we are going to correct such things pertain-
ing to sanitary facilities and if there is any hope to improve area it will
have to come about by rezoning. There is only one way the petitioner can
comply to the growth of the City. There is only one thing to do and that is to
vote against the motion because it will not do any good for the welfare of the
City.
A roll call vote on Resolution No. 4-110-57 resulted in the following:
AYES: Greene, Steinhoff, Lotz, Okerstrom, Harsha, Robinson and
Miller
NAYS: Kane and Walker
The secretary read letter dated April 3, 1957 from Joseph F. Slavik, Rouge
Building Company requesting approval of preliminary plat of Coventry Woods Sub-
division located on the North side of Oakdale Avenue approximately 2,1.00 feet
West of Farmington Road inithe Northeast 1/4 of Section 16. The secretary also
read letters dated April 10, 1957 from Frank Burton, President, Burton Mortgage
Bond Company; dated Appil 15, 1957 from Donald Wilson, Chief Inspector; dated
April 11, 1957 from Calvin Roberts, Chief Livonia Fire Department; dated
April 2, 1957 from Mayor William W. Brashear Dated April 16, 1957 from
ITI.
W. R. McCary, City Engineer and Dave Meinzinger, Director of Public Works
' and"aated.'A pril 11, 1957 from Dallas F. Hay, Police Commissioner. Mr. Steve
Slavik was present.
Mr. Slavik stated that with the terrain and the fact they have been unsuccess-
ful in purchasing additional property, there cannot be another access.
Mr. Marsha, Chairman of the Flat Committee stated cul-de-sac is over 1/4 mile
long which is in violation of the Ordinance. In case of a hazard, may tie up
entire area. Feel strongly regarding property that runs down to flood plain
and afraid- that it will mean fill dirt that will run into the creek.
Mr. Miller read recommendation dated April 12, 1957 from Alice Munson, Planning
Consultant.
Mr. Steinhoff stated he also feels strongly regarding lots backing up to Bell
Creek in that they are encrouching.
Mr. Okerstrom stated he believed cul-de-sac should not be dead ended.
Mr. Slavik stated he had no knowledge of letter dated April 10, 1957 from
Burton Mortgage Bond Company. How he can eliminate dead-end cul-de-sac he
did not know.
Mr. Robinson stated he would hesitate to approve plan with long cul-de-sac
arrangement.
Mr. Reginald G. Davis, 15950 Norwich stated that the residents of Coventry
Gardens Subdivision feel that for 38 homes most of the traffic will go through
Coventry Gardens Subdivision which will be a hazard to children. Suggested
another entrance onto Farmington Road and that some other way should be made
to get traffic out of subdivision. Present sewer system is very much over-
taxed now and feel that proposed subdivision should be directed into another
direction. The size of the lots within the subdivision are much too small.
The type of homes will not fit into the surrounding area.
Mr. Robinson stated that the building lines on all lots shown are 75' minimum
even though there may be 55' at the lot line.
Mr. Davis stated he still feels that the cul-de-sac should be divided into
larger lots because they are much too small with the plots in the surrounding
area. He personally will have six or more lots backing up to his one.
Mr. Stanley Black, 47381 Fenix Road stated it is indicated on the proposed plat
that there will be only an additional 17' dedicated for Oakdale Avenue between
Southhampton and Norwich. Mr. Robinson stated an additional 17' will make
the road the required 60' width.
The size of lots in Covertry Gardens Subdivision was checked in the plat book.
Mr. Henry L. Cardenas, 34175 Oakdale stated his main concern is the traffic
hazard. If petitioner is still negotiating for another opening for the pro-
posed subdivision why is Commission hearing plat when it is a hazard with just
one opening.
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Mr. Robert Seelye, 33639 Northampton stated based on the information submitted C77
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tonight regarding disaster problem, the fact that as they are going to have to
fill in they will be encroaching on the State Law which provided one cannot
fill in flood plain. Suggested petitioner and residents of Coventry Gardens
Subdivision get together and possibly coming back and hear petition again.
Upon a motion duly made by Mr. Greene and seconded by Mr. Steinhoff, it was
#4-111-57 RESOLVED that, proposed Coventry Woods Subdivision located on
the North side of Oakdale Avenue approximately 2,100 feet West
ofFarmington Road in the Northeast 1/4 of Section 16 be tabled
to afford opportunity for petitioner to overcome some of''the
suggestions made by the Plat Committee, residents of Coventry
Gardens Subdivision and Planning Consultant.
Mr. Robinson asked Mr. Slavik if he would be willing to expressly waive the
60 day statuatory period contained in MSA 5.3005 for an unlimited period.
Mr. Slavik stated he would.
A roll call vote on Resolution No. 4-111-57 resulted in the following:
AYES: Greene, Steinhoff, Lotz, Okerstrom, Kane, Walker, Harsha
Robinson and Miller
NAYS: None
Upon a motion duly made by Mr. Miller, seconded by Mr. Greene and unanimously
carried, it was
#4-112-57 RESOLVED that, City Planning Commission depart from regular
order of business in order to hear Item No. 18.
The Chairman declared the foregoing resolution adopted.
**Mr. H. Paul Harsha was excused from meeting at approximately 10:20 p.m.
The secretary announced that the next item on the agenda was Petition No,' Z-214
by Dr. Harley J. Robinson, President of Ardmore Convalescent Home, Inc.
requesting that the zoning classification of Parcel 03K1 located on the East
side of Farmington Road approximately 500 feet North of Carl Street in the
Southwest 1/4 of Section 3 be changed from RUFB to R-2. The secretary read
letters dated March 1, 1957 from Harry W. Theisen, Attorney; dated March 19,
1957 from Calvin Roberts, Chief Livonia Fire Department and letters of protest
from Albert and Martha Sarnowaki, 19907 Farmington Road; Viola A. and Robert K.
Sweezie; Albert Naeper; Jennie C. Zebornick, 19912 Farmington Road; Fuel and
Helen Hundertmark, 19825 Farmington Road and Mr. and Mrs. Leonard Nordstrom,
19919 Farmington Road. Mr. Harry W. Theisen, Attorney was present.
Mr. Theisen stated convalescent home has been at this location for twenty
years. Present owner has owned home since 1944. It is a facility that
people in Livonia have a right to be proud of. One of the great needs of the
day is a proper type of convalescent home for people who are ill - who are the
older people and that is the need the convalescent home fulfills. The present
building is placed well back - 2001 from Farmington Road among well kept
grounds. Home is of the finest type of construction. There are facilities
for 40 residents and has adjoining accommodations for nurses. The reason for
request is that when the Zoning Ordinance took effect petitioner did not have
notice that in the zoning then adopted he was a non-conforming use. Petitioner
did not know he had any problem until a few months ago when he wanted an
identification sign. There is no intent or plan of enlarging. The physical
property is there for all to see. Asked that it be rezonded from the present
RUFB classification to R-2 under which R-2 petitioner would be in the confinds
of the ordinance and clear up the non-conforming use status that now exists.
Mr. Miller read recommendation dated March 26, 1957 by Albe Munson, Planning
Consultant.
Mr. Theisen stated that inasmuch as there is something in the working here
than maybe petitioner would be better off in tabling this matter.
Mrs. Luetta Batson, 19730 Farmington Road stated as property is now it is
alright but with rezoning he would expand which in her opinion will be a
detriment to her property.
Mrs. Bertha L. Gould, 19915 Farmington Road stated it is pitiful the things
Mrs. Batson has to watch - patients at the home. Thought there should be a
greenbelt.
Councilman Austin Grant, 19815 Farmington Road stated that being a Councilman
living in the area the people brought their problem to him. Thought two
square foot sign would not be objectionable. If property is rezoned to R-2,
there is no control of the 600' depth which would permit multiple dwellings.
Concurred with suggestion that their be a special zoning classification for
this type of use. The objection of the residents if changed to R-2, is because
of the uncontrollable conditions that go along with it.
Upon a motion duly made by Mr. Steinhoff and seconded by Mr. Miller it was
#4-113-57 RESOLVED that, Petition No. Z-214 by Dr. Harley J. Robinson,
President of Ardmore Convalescent Home, Inc. requesting a
change of zoning in the Southwest 1/4 of Section 3 be tabled
until such time as the studies in this area have been
completed.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Greene, Steinhoff, Lotz, Okerstrom, Walker, Robinson and
Miller
NAYS: Kane
The secretary announced that the next item on the agenda was Petition No. V49
by Daniel and Patricia Bourdas requesting that a certain public utilities
easement, which runs across Lot 7, Bell Creek Subdivision, No. 1 in a northerly
and southerly direction parallel to Bell Creek Lane be vacated and moved 15'
in accordance with submitted description. Lot 7 is located on the East side
of Bell Creek Lane approximately 793 feet East of Farmington Road in the North-
west 1/4 of Section 15. The secretary read letters dated April 8, 1957 from
Jack E. Menig, Special Agent, Real Estate and Rights of Way Department, The
Detroit Edison Company and dated April 16, 1957 from W. R. McCary, City Engineer
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and Dave Meinzinger, Director of Public Works. Mr. Clarence Charest, Attorney
33636 Five Mile Road was present. C`7
Mr. Charest stated that this petition presents a tragic situation. At the
time of the original survey the surveyor thought the pole was in the middle
of the easement. Wish to move easement out to where the pole line is. A
portion of the building is now on the existing easement. The property owner
to the South has no objection to the petition.
Mr. John Stein, 16456 Bell Creek Lane stated he has never seen an easement that
jogs and that easement would have to be in a straight line.
Mr. Charest stated proposed change does not affect Lot 8.
Mr. Robinson suggested Mr. Stein petition to have the easement relocated for
his property too.
Upon a motion duly made by Mr. Kane, seconded by Mr. Walker and unanimously
carried, it was
#4-114-57 RESOLVED that, pursuant to a Public Hearing having been held
on Petition No. V-19as submitted by Daniel and Patricia
Bourdas for the vacating of a certain public utilities ease—
ment and relocation of same in the Northwest 1/4 of Section 15
the City Planning Commission does hereby recommend to the City
Council that Petition No. V-19 be granted in order to conform
with existing pole line, and
FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian under date of March 21,
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,
petitioners and abutting property owners 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 the proposed Ann
Arbor Trail Subdivision located on the West side of Hix road between Ann Arbor
Trail and Ann Arbor Road in the Northwest 1/4 of Section 31. The secretary
read letters dated April 2, 1957 from Harry Sosnick, Harry Sosnick Management
Company; dated April 11, 1957 from Calvin Roberts, Chief Livonia Fire Department
dated April 15, 1957 from Donald Wilson, Chief Inspector and dated April 11,
1957 from Dallas F. Hay, Police Commissioner. Mr. Robert Scheible was present.
Mr. Steinhoff asked about sanitary sewers in that there are none in that area
at the present time. Mr. Scheible stated that they intend to bring the sewer
and water mains in themselves.
Mr. Steinhoff questioned Lots 194 and 196 insofar as a garage being built.
Mr. Scheible stated that whatever is required by the Building Department they
will comply with. Or if the Commission wishes to approve plat subject to
Att
certain conditions they will also comply. Proposed home will be 38' x 26'
Mr. Robinson referred to Lot 128 in that there will not be enough room for a
garage.
Mr. Steinhoff stated he is concerned about greenbelt as to whether they intend
to put greenbelt in the easement. Mr. Scheible stated that that is part of the
plan.
Mr. Steinhoff referred to recommendation dated April 12, 1957 from Albe Munson,
Planning consultant in that there be no ingress or egress onto Ann Arbor Road.
Mr. H. R. Rasmussen, 30902 Plymouth Road asked why homes are backing Ann Arbor
Road and thought they should face Ann Arbor Road instead.
Mr. Lotz thought Commission adopted a resolution sometine ago whereby a lot
facing a main thoroughfare the property owner would rather look away from it
rather than on it.
Mr. Robinson std the Commission did have a resolution that homes back
onto main road but since adoption of resolution the Commission has reversed its
thinking.
Mr. Peter Christensen, 38901 Ann Arbor Road questioned price of future homes,
Mr. Scheible stated homes will sell for $18,000 to $20,000.
Mr. Walker temporarily left meeting at approximately 11:09 p.m.
L Upon a motion duly made by Mr. Steinhoff and seconded by Mr.Lotz, it was
#4-115-57 RESOLVED that, because proposed plat fulfills all requirements
of Zoning Ordinance No. 60 and pursuant to a Public Hearing
having been held, the City Planning Commission does hereby
give approval to preliminary plat of Ann Arbor Trail Subdivision
located on the West side of Hix Road between Ann Arbor Trail and
Ann Arbor Road in the Northwest 1/4 of Section 31 subject to
houses on Lots 128, 194 and 196 being located in such a way as
to allow sufficient room for a garage, 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 Department,
Superintendent of Schools, School Board President, Fire Depart—
ment, Police Department, Parks and Recreation Department and
Members of the Plat Committee.
Mr. Charles Walker returned to meeting at approximately 11:11 p.m.
A roll call vote on Resolution No. 4-115-57 resulted in the following:
AYES: Greene, Steinhoff, Lotz, Okerstrom, Kane and Robinson
NAYS: Miller
NOT VOTING: Walker
The Secretary announced that the next item on the agenda was Petition No.
Z-216 by Theodore I. Crantz, Glenbrook Land Company, Inc. requesting that the
zoning classification of Parcel 05B located on the Southeast corner of Eight
Mile Road and Newburg Road in the Northwest 1/4 of Section 5 be changed from
AG-B to RU. The secretary read letter dated March 19, 1957 from Calvin Roberts,
Chief Livonia Fire Department. The petitioner nor a representative was present.
Upon a motion duly made by Mr. Kane and seconded by Mr. Miller, it was
#4-116-57 RESOLVED that, pursuant to a Public Hearing having been held
on Petition No. Z-216 as submitted by Theodore I. Crantz,
Glenbrook Land Company, Inc. for a change of zoning in the
Northwest 1/4 of Section 5 from AG-B to RU the City Planning
Commission does hereby recommend to the City Council that
Petition No. Z-216 be granted inasmuch as Commission gave
tentative approval to Glenbrook Estates Subdivision which
confdrms to RU classification, and
FURTHER RESOLVED, notice of the above hearing was published
in the official newspaper, The Livonian under date of
March 21, 1957 and notice of which hearing was sent to The
Detroit Edison Company, Chesapeake &. Ohio Railway Company,
Michigan Bell Telephone Company, The Consumers Power Company
City Departments and petitioner as listed in the Proof of
Service.
No one was present objecting to petition as presented.
A roll call vote on Resolution No. 4-116-57 resulted in the following:
AYES: Greene, Lotz, Kane, Walker, Robinson and Miller
NAYS: Steinhoff and Okerstrom
The secretary read letter dated March 18, 1957 from Burton Warner, Warner &
Warner requesting approval of preliminary plat of Schulgren Subdivision and
Schulgren Subdivision, No. 2 located between Ann Arbor Trail and Joy Road East
of Newburg Road in Section 32. The secretary also read letters dated March 26
1957 from Calvin Roberts, Chief Livonia Fire Department; dated March 28, 1957
from Dallas F. Hay, Police Commissioner; dated March 26, 1957 addressed to
Commissioner Hay from Patrolman Robert A. VanDyke, Traffic Bureau and dated
March 29, 1957 from Donald Wilson, Chief Inspectdr :. Mr. Burton Warner was
present.
Lieutenant Perry stated that he would like to amend letter dated March 26, 1957
from Calvin Roberts to add "subject to the review of the Department of Public
Works".
Mr. Steinhoff stated lots appear to be up to size. Did question Lots 214, 215
and 247 as being too narrow.
Mr. Kane stated that on some of the plats that adjoin school property,
Commission has been requesting a walk way.
ITT
Mr. Miller read recommendation dated April 2, 1957 from Albe Munson, Planning
Consultant.
Mr. Kane stated that if the School Board objected to walk way in the past they
should be consulted. Thought it would be well to have some ingress to the
property without going out on the busy road.
Mr. Warner stated that his client will be glad to provide access to the school
site if the Board wishes and if the School Board wants it. Can dedicate street
access even if that is what they want although did not think they would.
Mr. Robinson suggested it be contained in resolution that a walk way be pro-
vided if the School Board wants it.
Mr. Walker asked whether walk way would be paved. Mr. Warner stated it would.
Mr. Arthur Gennis, 36164 Joy Road stated two streets will ddad end at his East
property line. Asked how he was to keep traffic from going onto his property.
Asked whether there could be a barricade erected. Also asked about fences
these new property owners would want and whether he would have to contribute
his share. -
Mr. Ponder stated that there is such a law whereby if the property owners
wanting fences follow the proper procedure under the law and send the correct
notice, Mr. Gennis would be required to contribute his share of the cost.
Mr. Warner suggested Commission's resolution be worded in such a way that these
people would be protected. Did not think the law contemplated such a situation.
LMr. Ponder stated he did not know as that would impose a restriction on the
man's property. The law only applies to a fence erected on the lot line. A
property owner could place his fence wherever he wishes.
Mr. Alexander Cekel, 36650 Joy Road questioned grade of proposed subdivision.
Mr. Warner stated that the City requires developers to submit grade plans
which slow lot drainage. Have prepared grade plans and the grade of the
proposed subdivision will not be materially above or below the adjoining
property - met insofar as possible, the existing grade. If there is any
drainage from the lots abutting the land there will be no drainage onto the
property.
Upon a motion duly made by Mr. Lotz, seconded by Mr. Kane and unanimously
carried, it was
#4-117-57 RESOLVED that, inasmuch as proposed plat meets requirements
of Zoning Ordinance No. 60 and pursuant to a Public Hearing
having been held, the City Planning Commission does hereby
give approval to preliminary plat of Schulgren Subdivision
and Schulgren Subdivision, No. 2 located between Ann Arbor
Trail and Joy Road East of Newburg Road in Section 32 subject
to the approval or denial of the Livonia School Board of the
10' walkway (4' paving) located on the West end of the
proposed subdivision, and
0 r.4
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 Building3
Department, 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 and called a recess at
approximately 11:40 p.m.
The Chairman called the Public Hearing to order at approximately 11:50 p.m.
The secretary announced that the next item on the agenda was Application TA22
by Leonard Raney, Raney Brothers requesting renewal of Permit No. 32 as sub-
mitted by the Bureau of Inspection September 14, 1956 for removal of topsoil
located on a portion of Parcel 23C and situated on the West side of Middlebelt
Road approximately 1,300 feet South of Five Mile Road in the Northeast 1/4 of
Section 23. Petitioner requests renewal in order to remove stockpile located
on the Southwest corner of parcel measuring 250' x 450' (2 acres). . The
secretary read letters dated April 10, 1957 from Dallas F. Hay, Police
Commissioner and dated March 19, 1957 from William G. Sharpe, Supt. of Public
Works. Mr. Leonard Raney was present.
Mr. Raney stated that he is conforming to letter from Police Commissioner.
Mr. Lotz stated he looked area over and the way he looks at it its not up to
grade.
Mr. Raney stated that the water haw all been drained off. Where the property
was low it was not touched.
No one was present objecting to renewal of application.
Upon a motion duly made by Mr. Kane and seconded by Mr. Okerstrom, it was
RESOLVED that, pursuant to a Public Hearing having been held
the City Planning Commission does hereby grant Application
TA22 by Leonard Raney, Raney Brothers requesting renewal of
Permit No. 32 as issued by the Bureau of Inspection
September 14, 1956 for removal of topsoil located on a
portion of Parcel 23C and situated on the West side of Middle-
belt Road approximately 1,300 feet South of Five Mile Road
in the Northeast 1/4 of Section 23, and
FURTHER RESOLVED, notice of the above hearing was sent to the
property owners within 500 feet, petitioner and City Depart-
ments as listed in the Proof of Service and recommendation
having been obtained from the Department of Public Works under
date of March 19, 1957 and from the Police Department under
date of April 10, 1957.
A roll call vote on the foregoing resolution resulted in the following:
101/
AYES: Greene, Okerstrom, Kane and Walker
NAYS: Steinhoff, Lotz, Robinson and Miller
Mr. Robinson asked whether it would be possible for petitioner to fill in low
spots. Mr. Raney stated after area dries up the builder agrees to take care
of that as long as there is no low area.
Mr. Lotz asked whether it wasn't the duty of the man stripping the topsoil to
fill area in and not the builder.
Mr. Robinson stated that the bond guarentees that it will be filled in.
Mr. Ponder stated that the bond runs to the City from the contractor himself.
Did not see where there is any obligation on the builder.
Mr. Raney stated that he has corrected all the conditions where water is
standing.
Upon a motion duly made by Mr. Lotz and seconded by Mr. Steinhoff, it was
RESOLVED that, pursuant to a Public Hearing having been held
the City Planning Commission does hereby deny Application TA22
by Leonard Raney, Raney Brothers requesting renewal of Permit
No. 32 as issued by the Bureau of Inspection September 14, 1956
for removal of topsoil located on:a portion of Parcel 23C and
situated on the Wast side of Middlebelt Road approximately 1,300
feet South of Five Mile Road in the Northeast 1/4 of Section 23
until such time as property is brought up to grade.
Mr. Greene asked how Commission is to determine that it is brought up to grade.
Is Commission going to request another topographic survey. Mr. Lotz stated
it should.
Mr. Kane stated that Mr. Raney was before Commission April 2, 1957 at which
time Commission granted him a two week's extension of the permit. Did not
think Commission had the right to deny petitioner to take topsoil that he has
removed. Petitioner is bonded.
Mr. Walker stated that in his opinion the only person who would lose is the
petitioner himself - the City has nothing to lose as the money is there in
abeyance of bringing it up to grade. Commission approved petition six months
ago and now the petitioner is in the position of developing six months work.
Thought resolution contrary and could not see any sense bo it at all.
Mr. Ponder stated that it seemed to him that the purpose of the bond is that
once the job has been completed petitioner is under duty to bring it back to
grade. If area is not brought back to grade, the City can enforce the bond.
Mr. Kane stated it seemed to him Commission is acting as the Bureau of In-
spection.
A roll call vote on Resolution made by Messrs. Lotz and Steinhoff resulted in
the following:
AYES: Steinhoff and Lotz
NAYS: Greene, Okerstrom, Kane, Walker, Robinson and Miller
10
CZ
Mr. Raney stated that he will guarantee that the water situation has been
corrected.
Mr. Robinson stated that as far as bringing the entire area up to grade, the
bond covers that.
Upon a motion duly made by Mr. Kane and seconded by Mr. Walker, it was
#4-118-57 RESOLVED that, pursuant to a Public Hearing having been held
the City Planning Commission does hereby grant Application
TA22 by Leonard Raney, Raney Brothers requesting renewal of
Permit No. 32 issued by the Bureau of Inspection on September 14
1956 for removal of topsoil located on a portion of Parcel
23C and situated on the West side of Middlebelt Road approximately
1,300 feet South of Five Mile Road in the Northeast 1/4 of Section
23, subject to the water being drained immediately, and
FURTHER RESOLVED, notice of the above hearing was sent to the
property owners within 500 feet, petitioner, City Departments
as listed in the Proof of Service and recommendation having
been obtained from the Department of Public Works under date of
March 19, 1957 and from the Police Department under date of
April 10, 1957.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Greene, Okerstrom, Kane, Walker, Robinson and Miller
NAYS: Steinhoff and Lotz
Mr. William Ponder was excused from meeting at approximately 12:10 a.m.
The secretary announced that the next item on the agenda was Petition M-50 by
Sam Horowitz requesting permission to operate an open air sales for flowers,
shrubs, evergreens, fruits, vegetables, etc. on Lots 11b1 and 11b2, Super-
visor's Livonia Plat, No. 1 located at 34899 Plymouth Road and situated on the
Southeast corner of Plymouth Road and Wayne Road in the Northwest 1/4 of
Section 33. Mr. Ralph Horowitz was present.
Mr. Okerstrom asked whether property is owned by Mr. Horowitz. Mr. Horowitz
stated it is owned by himself and his father.
Mr. Miller asked whether there are sanitary facilities in the building.
Mr. Horowitz stated that the building will be brought up to Code within the
next four or five days.
No one was present objecting to petition as presented.
Mr. Walker asked whether this will be a year round business. Mr. Horowitz
stated it will.
Upon a motion duly made by Mr. Lotz, seconded by Mr. Kane and unanimously
carried, it was
#4-119-57 RESOLVED that, pursuant to a Public Hearing having been held
the City Planning Commission does hereby grant Petition M-50
by Sam Horowitz requesting permission to operate an open
air sales for flowers, shrubs, evergreens, fruits, vegetables,
etc. on Lots llbl and 11b2, Supervisor's Livonia Plat, No. 1
located at 34899 Plymouth Road and situated on the Southeast
corner of Plymouth and Wayne Roads in the Northwest 1/4 of
Section 33, and
FURTHER RESOLVED, Notice of the above hearing was sent to
property owners within 500 feet, petitioner and City Depart-
ments as listed in the Proof of Service.
The Chairman declared the foregoing resolution adopted.
The secretary announced that the next item on the agenda was Petition No.
Z-215 by William R. and Marilyn Kolak requesting that the zoning classifi-
cation of Parcel 20F located on the Southeast corner of Five Mile and Levan
Roads in the Northeast 1/4 of Section 20 be changed from AG-B to C-1. The
secretary read letter dated March 19, 1957 from Calvin Roberts, Chief Livonia
Fire Department. Mr. David E. Kull, Attorney, 17221 Lahser, Detroit was
present.
Mr. Kull stated that after he filed Petition No. Z-215, Mr. Clarence Charest
contacted him and he id filing petition for the adjoining property. The issue
is :the same and he has no objection to hearing both petitions together.
Mr. Robinson stated he feels Commission should study this a little further and
if there is a need for additional C-1, get a planned development rather than
encourage string development.
Mr. Walker asked purpose of rezonj.ng and intent. Mr. Kull staled he did not
know if his client has any specific use. There is to be a hospital on the
Southwest corner and there is C-1 across the street. Hospital and C-1 have
so depreciated the property in question for residential use that client feels
he should not be compelled to build residence.
upon a motion duly made by Mr. Kane, seconded by Mr. Miller and unanimously
carried, it was
#4-120-57 RESOLVED that, Petition No. Z-215 by William R. and Marilyn
Kolak requesting a change of zoning in the Northeast 1/4 of
Section 20 from AG-B to C-1 be tabled until May 21, 1957 as
requested by Mr.' David E. Kull, Attorney for the petitioner.
The Chairman declared the foregoing resolution adopted.
Upon a motion duly made by Mr. Lotz, seconded by Mr. Steinhoff and unanimously
carried, it was
#4121-57 RESOLVED that, Public Hearing be adjourned.
The Chairman declared the foregoing resolution adopted and called the 79th
Regular Meeting to order.
IL: The secretary announced that the first item to be heard was Petition M-19 by
1 64
Ray Meyers requesting permission to erect a gasoline service station on Lots CT
24 through 30, Five Elm Park Subdivision located on the Southeast corner of
Elsie Avenue and Middlebelt Road in the Northwest 1/4 of Section 24. Messrs.
Ray Meyers, Ray Munde, Attorney, 1309 Pontiac State Bank Building,Pontiac
were present.
Mr. Munde stated that any suggested revisions to the plot plan can be conformed
to. The plan is prepared in standard form and modified for local Code.
Mr. Miller asked how close proposed station is from the next existing station
and how many are there. Mr. Meyers stated a station exist one block away.
There are two on Five'Mile Road and one on Schoolcraft and Middlebelt
Road which is on the other side of Middlebelt Road.
No one was present objecting to petition as presented.
Mr. Munde stated this proposed station will not be located at the intersection
and that from a. safety factor this location is much more desirable.
Mr. Robinson stated however, gas stations have the honor of having very few
accidents whether they're located at intersections or not.
Mr. Lots asked how far proposed station will be from next closest station.
Mr. Meyers stated approximately 300'. On the East and West side of Middlebelt
Road South of Five Mile Road there are over 1,100 homes being constructed.
Mr. Kane stated the three existing stations are competing very strongly. The
1,000 homes will not all deal at these stations.
Mr. Miller made the following resolution which was later amended:
RESOLVED that, pursuant to a Public Hearing having been held
on October 9, 1956 the City Planning Commission does hereby
deny Petition M-19 by Ray Meyers requesting permission to
erect a gasoline service station on Lots 24 through 30, Five
Elm Park Subdivision located on the Southeast corner of Elsie
Avenue and Middlebelt Road in the Northwest 1/4 of Section 24
because there are three existing stations ao close to this
particular piece of property that Commission does not think
that they can operate with that many stations in that particular
area and it is definitely poor planning.
Mr. Miller stated he could not see why there should be three or four stations
at an intersection.
Upon a motion duly made by Mr. Miller and seconded by Mr. Kane, it was
RESOLVED that, pursuant to a Public Hearing having been held
October 9, 1956 the City Planning Commission does hereby deny
Petition M-19 by Ray Meyers requesting permission to erect a
gasoline service station on Lots 24 through 30, Five Elm Park
Subdivision located on the Southeast corner of Elsie Avenue
and Middlebelt Road in the Northwest 1/4 of Section 24 because
it is poor planning to have this station placed so close to
three existing stations.
tW
1t
Mr. Greene asked status of the proposed Gasoline Ordinance. Mr. Robinson
stated it will be presented at the Study Meeting April 22, 1957.
A roll call vote on resolution made by Messrs. Miller and Kane resulted in
the following:
AYES: Okerstrom, Kane, Waler and Miller
NAYS: Greene, Steinhoff, Lotz and Robinson
Mr. McGibbon, Walled Lake (representing Sinclair Refining) stated that where
there are two or three stations and another one is added, it has been found
that there is very little decrease in other station's business. There are
people who prefer to buy certain types of gasoline and who have credit cards.
Stations are suppose to be located for the convenience of the public. A
station located away from the main intersection is more convenient for the
motoring public to get in and out of. Thought petition should be granted.
Mr. Munde stated that there are three stations at the intersection but that
this particular station is not at this intersection but at the intersection of
Middlebelt and Elsie.
Mr. Greene stated that inasmuch as Commission has a proposed Gasoline Ordinance
in the process felt that this petition should be delayed inasmuch as the
problem involved will be solved by the proposed Ordinance.
Upon a motion duly made by Mr. Miller and seconded by Mr. Kane, it was
L #4-122-57 RESOLVED that, pursuant to a Public Hearing having been held
October 9, 1956 the City Planning Commission does hereby deny
Petition M-19 by Ray Meyers requesting permission to erect a
gasoline service station on Lots 24 through 30, Five Elm Park
Subdivision located on the Southeast corner of Elsie and
Middlebelt Road in the Northwest 1/4 of Section 24 because
this is a Home Rule City and Commission has the right to
regulate the number of stations, the City Planning Commission
does hereby determine it is poor planning to have this station
placed so close to three existing stations, and
FURTHER RESOLVED, notice of the above hearing was sent to the
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: Okerstrom, Kane, Walker, Robinson and Miller
NAYS: Greene, Steinhoff and Lotz.
The secretary announced that the next item on the agenda was Petition M-42 by
Charles R. and Mary E. Carson requesting permission to erect a gasoline service
station on Lot 738, Supervisdr's Livonia Plat, No. 12 located on the Southeast
corner of Ann Arbor Trail and Newburg Road in the Northwest 1/4 of Section 32
Mr. David E. Kull, Attorney was present.
The secretary read letter dated April 11, 1957 from Floyd Makl, Chairman,
the Official Board of Newburg Methodist church.
12
ga
Mr. Kull submittedetition dated April 16, 1957 signed
P Pr gn by approximately 23 C—)
residents approving the location of the proposed station. In searching the
Ordinance he stated he found no provision which client violates.
Mr. Kane stated that this site is definitely far enough away from other gasoline
stations — about 1/4 mile.
Mr. Harry Wood, 19870 Sunnyscope, Southfield Township stated that the two
existing stations in the area are definitely substandard.
Mr. Kane stated in his opinion the church does not have too valid an objection.
A station is there seven days a week whereas a church is not used seven days a
week. Also churches can make just as much noise as a gas station.
Upon a motion duly made by Mr. Kane and seconded by Mr. Walker, it was
RESOLVED that, pursuant to a Public Hearing having been held
March 19,1957, the City Planning Commission does hereby
grant Petition M-42 by Charles R. and Mary E. Carson request—
ing permission to erect a gasoline service station on Lot
738, Supervisor's Livonia Plat, No. 12 located on the South—
east corner of Ann Arbor Trail and Newburg Road in the North— .
west 1/4 of Section 32.
A roil call vote on the fregoing resolution resulted in the following:
AYES: Greene, Okerstrom, Kane and Waler
NAYS: Steinhoff, Lots, Robinson and Miller
Mr. Robinson stated in his opinion there is no need for an additional gasoline
station at this location.
Mr. Kane stated that this proposed station will conform to proposed Gasoline
Ordinance that is being considered. Outside of the church objection cannot
see any objection to it.
Mr. Steinhoff asked whether station will take in entire parcel. Mr. Meyers
stated it will not. The Station will incorporate 125'.
Mr. Wood stated he is trying to help the owners because they are past 80 years
old and it is denying them the sale of their property. If he thought it would
interfere with the sanctuary of the church, he did not think he would file
petition. Did not believe the majority of the people in the church are against
the petition.
Mr. Robinson suggested petition be tabled until May 7, 1957.
Upon a motion duly made by Mr. Kane and seconded by Mr. Walker, it was
RESOLVED that, pursuant to a Public Hearing having been held
March 19, 1957 the City Planning Commission does hereby grant
Petition M-42 by Charles R. and Mary E. Carson requesting •
permission to erect a gasoline service station on Lot 738,
Supervisor's Livonia Plat, No. 12 located on the Southeast
corner of Ann Arbor Trail and Newburg Road in the Northwest
1/4 of Section 32.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Greene, Okerstrom, Kane and Walker
NAYS: Steinhoff, Lotz, Robinson and Miller
Mr. Greene stated that this is an instance where there could be a station.
Agreed with Mr. Kane and that it is not a serious detriment to the church.
Mr. Steinhoff stated he is familiar with corner, know people who live there
and know the number of accidents that have occurred at the corner. Until there
is something done to erase accidents at the corner cannot see why something
further should be done there in line of stopping traffic and causing traffic to
be reflected.
Mr. Lotz stated he decussed this with people in area and all said it is a
high accident corner.
Mr. Steinhoff suggested Commission consult Traffic Commission and that they
might run across some interesting statistics.
Mr. Okerstrom stated if church is opposed to petition seemed to him they would
have quite a representation present tonight. There is nothing on the corner now
and if there is something on the corner high accident count might be
eliminated because people would expect something whereas now they do not.
Mr. Wood stated at night there would be lights from the station.
Mr. Walker stated as a member of the zoning Committee he has spent sometime
setting on proposed new zoning. Thought this is a desirable location for
gasoline station.
Upon a motion duly made by Mr. Walker, seconded by Mr. Kane and unanimously
carried, it was
#4-123-57 RESOLVED That, Petition M-42 by Charles R. and Mary E. Carson
requesting permission to erect a gasoline service station on
Lot 738, Supervisor's Livonia Plat, No. 12 located on the South-
east corner of Ann Arbor Trail and Newburg Road in the Northwest
1/4 of Section 32 be tabled until May 7, 1957 and that at that
time Commission obtain recommendation and comments from the
Traffic Commission and the Police Department as to a gasoline
station at this location.
The Chairman declared the foregoing resolution adopted.
***Messrs. Fred A. Lotz and Karle Steinhoff more excused from meeting at
1:15 a.m.
Upon a motion duly made by Mr. Walker and seconded by Mr. Kane, it was
#4-124-57 RESOLVED that, statement dated April 4, 1957 from Albe til
Munson, Planning Consultant for $507.30 be approved and r"`)
forwarded to the proper department for payment.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Greene, Kane, Walker, Robinson and Miller
NAYS: Okerstrom
Upon a motion duly made by Mr. Miller, seconded by Mr. Kane and Unanimously
carried, it was
#4-125-57 RESOLVED that, final plat of Sunset Hills Subdivision located
between Melvin Avenue and Middlebelt Road approximately 300
feet South of Clarita Avenue in the East 1/2 of Section 11 be
approved, and
FURTHER RESOLVED, inasmuch as it appears on the reconds that
tentative approval of said proposed plat was given by the City-
Planning Commission February 5, 1957; 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 February 7, 1957; and it further
appearing that a bond in the amount of $276,000 to cover the
installation of improvements has been filed in the office of the
City Clerk under date of April 11, 1957; such bond having been
approved by Rodney C. Kropf, Assistant City Attorney under date
of April 12, 1957; it would therefore appear that all the con-
ditions 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.
On a motion duly made, seconded and unanimously adopted this 79th Regular
Meeting was duly adjourned at approximately 1:30 a.m., April 17, 1957.
Robert L. Miller, SeX7164-j‘X'"V614-----
ATTESTED:
William R. Robinson, Chairman