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HomeMy WebLinkAboutPLANNING MINUTES 1957-07-16 209 1755 MINUTES OF A PUBLIC HEARING AND THE 82ND REGULAR MEETING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On July 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 Public Hearing to order at approximately 8:09 p. m. Members present: Robert L. Greene Charles Walker Leonard Kane Fred A. Lotz H. Paul Harsha Robert L. Miller William R. Robinson Members absent: *Wilfred Okerstrom Karle Steinhoff Lieutenant Bob Perry, Livonia Fire Department was present The secretary announced that the first item on the agenda was Petition No. Z-229 by The Felician Sisters, O.S.F., a religious order of the City of Livonia requesting that the zoning classification of a portion of Parcel 20I located on the South side of Five Mile Road between Newburgh and Levan Roads in the Northwest 1/4 of Section 20 be changed from R-2 and AG-B to R-2. The secretary read letters dated June 27, 1957, from Calvin Roberts, Chief Livonia Fire Department. Dr. Oscar P. Rosbolt was present representing the petitioner. No one was present wishing to be heard either in favor of or opposed to petition as presented. Upon a motion duly made by Mr. Greene, seconded by Mr. Lotz and unani- mously carried, it was #7-209-57 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-229 as submitted by The Felician Sisters, O.S.F., a religious order of the City of Livonia for a change of zoning in the Northwest 1/4 of Section 20 from R-2 and AG-B to R-2, the City Planning Commission does hereby recommend to the City Council that Petition No. Z-229 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of June 27, 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 petitioner as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Petition No. V-20 by Elwyn R. and Norma N. Tabbey requesting that the 10' drain- age easement bisecting lots 126 and 127, Thomas F. O'Connor's Parkview Acres Subdivision located on the East side of Carol Drive North of Six Mile Road and East of Harrison Avenue in the Southeast 1/4 of Section 12 be vacated. The secretary read letter dated July 5, 1957 from 210 : 1756 C-D Gerald D. Ball and W. ". McCary, City Engineer. Mr. Elwyn R. Tabbey was present. Upon a motion duly made by Mr. Kane, seconded by Mr. Walker and unanimously carried, it was #7-210-57 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. V-20 as submitted by Elwyn R. and Norma M. Tabbey for the vacating of the 10' drainage easement located in the Southeast 1/4 of Section 12, the City Planning Commission does hereby recommend to the City Council that Petition No. V-20 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of June 27, 1957 and notice of which hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumer Power, City Departments, abutting property owners, and petitioners as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Application TA26 by Charles C. Coates requesting permission to remove topsoil from Parcels NNla, 31NNlb, 31MM2b and 31NN2 located on the West side of Newburgh Road approximately 650 feet North of Joy Road in the Southeast 1/4 of Section 31. The secretary read letter dated July 16, 1957 from James N. Jordan, Chief Livonia Police Department addressed to the Inspection Department. Mr. Charles C. Coates was present. - Mr. Rodney C. Kropf, Asst. City Attorney arrived at approximately 8:16 p.m. Mr. Walker, Chairman of the Topsoil Committee stated that he visited site and that topographic survey was made before trees and shrubs were in bloom inasmuch as area is very heavily densed with trees and shrubs. The area is bounded on three sides with homes which is a bad condition for removal of dirt. At Joy and Newburgh Roads the area is very low and if area was subdi'videdthere would be a great deal of fill required to bring grade to building height. The committee felt it is not con- sistent with the basis of approval which commission has judged previous applications in that commission likes reasonable assurance that homes will be built in the very near future. Mr. Dunbar Davis, Attorney, 905 W. Ann Arbor Trail, Plymouth representing the title owner of Parcel 31MM2b. In 1955 title owner entered into an agreement with Mr. Max Spoon to sell property. As yet title owner has not been paid for contract. Objected to removal of topsoil. Mr. Thomas Oppat, Attorney, 33648 Michele representing Mr. and Mrs. Joseph Deppong (Parcel 31NN2) stated he concurred with Mr. Dunbar inasmuch as his clients were in the same position. 111 1757 Mr. T. J. Horgan, 9620 Arden stated he is not in favor of any topsoil removal. *Mr. Wilfred Okerstrom arrived at approximately 8:25 p.m. Mr. Greene asked Mr. Coates how he could strip land he does not own. Mr. Coates could not answer question. Mr. Miller asked who Mr. Coates was working under. Mr. Coates stated he is just the sand remover and that he is working for Mr. Spoon. Mr. Robinson suggested petition be denied without prejudice inasmuch as he believed commission did not have right to approve such an application. Upon a motion duly made by Mr. Miller and seconded by Mr. Walker, it was #7-211-57 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby deny without prejudice Application TA26 by Charles C. Coates requesting permission to remove topsoil from Parcels 31NNla, 31NN1b, 31MM2b and 31NN2 located on the West side of Newburgh Road approximately 650 feet North of Joy Road in the Southeast 1/4 of Section 31, 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 July 12, 1957 and from the Police Department under date of July 16, 1957. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Lotz, Kane, Walker, Harsha, Robinson and Miller NAYS: None NOT VOTING: Okerstrom The secretary read letter dated July 1, 1957 from Herald F. Hamill re- questing approval of the proposed Yale Homes Subdivision located on the West side of Yale Avenue approximately 330 feet South of Plymouth Road in the Northeast 1/4 of Section 32. The secretary also read letters dated July 11, 1957 from Calvin Roberts, Chief Livonia Fire Department and Donald Wilson, Chief Inspector. Messrs. Herald Hamill and Albert Burke, Burke Building Company were present. Mr. Harsha, Chairman of the Plat Committee stated that all lots appear to be of proper size. Not certain that streets have been put through in the adjoining subdivision (Country Homes Sub. #4) and that without this adjoining subdivision, Elmira and Leon will be dead end streets. Mr. Okerstrom, Member of the Plat Committee suggested lots on the West side of Yale Avenue be increased in size to allow greater side yard. Mr. Robinson asked Mr. Burke whether Country Homes Subdivision, No. 4 would be continued simultaneously with this subdivision. tk15;; Nimpb Mr. Irvin Hermanoff, Secretary, Harry Slatkin Builders, Inc. stated they are happy Burke Building Company is going through with proposed subdivision so that streets will continue through. Informed commission that these will be simultaneous actions. Mr. Burke stated that they are conforming to the exact set beck as now exist on Parkdale which is adjoining their property. No one was present objecting to proposed plat as presented. Mr. Robinson asked whether Yale would be extended to Plymouth Road. Mr. Burke stated that he will pave Yale for the entire length of his property which is up to the South end of the commercial property and that he does not own commercial property facing Plymouth Road. Understood it is up the owner of the property to extend and pave road up to Plymouth Road. Know the owner of the commercial property on the West side of Yale. Did not know whether owner is in a position to pave road. Mr. Robinson informed commission that when Country Homes Subdivision was approved it was subject to Arthur being paved to Plymouth Road. Mr. Harsha asked whether Yale is shown on the Master Plan. It was estab- lished that it is. Mr. Miller asked whether Arthur is paved through to Plymouth Road. Mr. Hermanoff stated it is not and that it is paved to the North boundary of their property. Mr. Robinson asked Mr. Burke whether he would be willing to negotiate with owner to continue Yale through to Plymouth Road. Mr. Burke stated he could make the attempt but did not know how successful he would be. Mr. nobinson stated he did not wish to cause petitioner any unneccessary delay; however, he did feel Yale should be extended through to Plymouth Road. Mr. Miller stated he felt commission should take action on plat tonight. Mr. Walker stated that continuing Yale through to Plymouth Road would be an assit in selling houses. Thought petitioner should be given the opp- ortunity to work something out and possibly putting street through. Mr. Miller stated he thought request unreasonable inasmuch as commission did not require it when Elmira was put in. Agreed that Yale should be cut through but did not feel commission should put hardship on developer. Mr. Kane stated he could not see why builder should pave anymore than in front of his property. Mr. Greene asked Mr. Kropf how this would stand up in Court. Mr. Kropf stated in this particular case legally this commission cannot require this petitioner to put pavement on property he does not own. Commission could table item and investigate it to determine whether or not there is funds in City Government to continue Master Thoroughfare Plan in this area. Mr. Harsha stated that except for Wayne Road there is no way out of the 13 759 subdivision. Asked Lieutenat Perry the Fire Department's position in this matter. Lieutenat Perry stated he recalls that the Fire Department sent letter to the Civic Association regarding Yale, Arthur and West Chicago Roads as a means of access. Thought he recalled some objection because of the Ford Motor Company traffic that would travel through subdivision. Mr. Robinson refered to Milburn Avenue in the Devonshire Park Subdivision (Northwest 1/4 of Section 35) in that commission required developer at that time to obtain access to Plymouth Road. Mr. Robinson suggested item be taken under advisement and that in the mean- time Mr. Burke could contact the owner to see whether or not access can be secured for the continuation of Yale. A recess was called at approximately 9:01 p.m. The 82nd regular meeting was Called to order approximately 9:25 p.m. with all present as named at the beginning and course of the meeting. The secretary read letter dated July 2, 1957 from Jacob Menuck, president, Oakview Homes, Inc. requesting six months extension on the proposed Lyndon Meadows Subdivision. r. Menuck was present. Upon a motion duly made by Mr. Walker, seconded by Mr. Okerstrom and unanimously carried, it was #7-212-57 RESOLVED that, Request dated July 2, 1957 for six month's exten- sion on the proposed Lyndon Meadows Subdivision located in the Southeast 1/4 of Section 23 be granted. The Chairman declared the foregoing resolution adopted. The secretary read letter dated July 1, 1957 from Herald F. Hamill request- ing an extension on the proposed Country Homes Subdivision, No. 4. Messrs. Herald F. Hamill and Irvin Hermanoff, Secretary, Harry Slatkin Builders Inc. Were present. Mr. Harsha asked length of time needed. Mr. Hermanoff stated that in light of what happened regarding the proposed Yale Homes Subdivision, would like as much time as possible. It was decided that a one year extension would be sufficient. Upon a motion duly made by . Kane and seconded by 4r. Lotz, it was #7-213-57 RESOLVED that, request dated July 1, 1957 for extension on the proposed Country Homes Subdivision, No. 4 located in the North- east 1/4 of Section 32 be granted for a one year period. A roll call on the foregoing resolution resulted in the following: AYES: Lotz, Okerstrom, Kane, Walker, Harsha, and Miller NAYS: None NOT VOTING: Greene and Robinson 11. Imme 1760 f""-)'-' The secretary announced that the next item on the agenda was the pro- posed Burton Hollow Estates Subdivision, No. 2 located on the South side of Six Mile Road approximately 1,400 feet West of Farmington Road in the Northeast 1/4 of Section16. The secretary read letter dated July 11, 1957 from Benton Yeses, Supt., Livonia Public Schools._ Messrs. Steve Slavik and Paul Van Cleve Geer Associates, Inc. were present. Mr. Robinson informed those present that at the study meeting July 9, 1957 this subdivision was discussed at length and it was pretty much agreed that it be approved except for the dead ending of Burton Lane. Mr. Slavik did point out at the study meeting that a school will no doubt be at the end of the street and that they will need access that will be provided. According to the subdivision Regula=tions a dead end street can only be a certain length and that in his opinion commission would be acting right to extend that. Mr. Harsha stated he understands that 600' would be sufficient for developer to take care of storm drainage. Mr. Robinson stated that proposed school needs access and commission has more or less an obligation to the school. Mr. Harsha stated commission is bound by the regulations as they exist. Mr. Walker stated it would be a condition even if the school does go in inasmuch as the subdivision will be developed before school. Mr. Robinson stated school can gain access to property from Bloomfield Road. At this point school location is not definite within the property. Mr. Slavik stated he would prefer 600' for Burton Lane because of the storm drainage and that there will be a tentative turn around. Mr. Walker stated that in his opinion 600' would be better for the Fire Department rather than 400' dead ending without a turn around. Mr. Robinson suggested that a revised plat be submitted excluding lots beyond 600' . Mr. Miller suggested that a revised plat not be submitted and that the exclusion of the lots be covered in the resolution approving plat. Mr. Robinson asked whether lots would be eliminated on the canvas back plats. Mr. Slavik stated they would. Messrs. A. J. Bruckert, 16366 Bell Creek Lane, representing Bell Creek Civic Association andRichardH. Funk, 15942 Norwich, president or the Coventry Gardens Civic Association requested to be heard. Upon a motion duly made by +r. Greene, seconded by Mr. Walker and unanimously carried, it was #7-214-57 RESOLVED that, Messrs. A. J. Bruckert and Richard Funk represent- ing Bell Creek Farms Civic Association and Coventry Gardens Civic Association be allowed an opportunity to speak. 215 1761 The Chairman declared the foregoing resolution adopted. Mr. Bruckert stated he and all residents contacted by him are surprised that this item appears on the agenda tonight inasmuch as at the last meeting (July 2, 1957) an emergency resolution was adopted to hold a hearing to rezone this area and other areas to RL and RU. Residents are of the opinion that this area is to be zoned either RL or RU and that it was to be brought up at another meeting. In good faith the residents thought the City was supporting their petition to have this area rezoned. Felt no approval should be given to proposed plat at this time and suggested item be tabled. Mr. Robinson informed Mr. Bruckert that inasmuch as proposed plat was submitted prior to the resolution adopted July 2, 1957, proposed plat should be considered on its own merits. Plat was planned under the existing zoning which will allow lots of 7200 square feet. Mr. Bruckert stated that at the time this proposed plat was submitted, commission also had submitted to it a petition from over 200 residents re- questing that area be rezoned and that a resolution was adopted that Neighborhood 21 be rezoned to RU. Mr. Robinson informed Mr. Bruckert that that resolution was subsequently rescinded, and another one adopted for the entire Northwest section of the City. '"!r. Funk stated he and other residents feel they have been living in a false security and that hd had no idea this proposed plat was to be again presented to commission tonight. Mr. Walker stated that the content of letter dated July 11, 1957 from Benton Yates, Supt. Livonia Public Schools would justify taking item under advisement. Mr. Slavik stated himself that within three weeks the School District might contact Ian to continue Burton Lane Through. Mr. Robinson stated that in three weeks School District might know location of site but district will now know the exact location of school. Upon a motion duly made by Mr. Harsha and seconded by Mr. Kane, it was #7-215-57 RESOLVED that, pursuant to a Public Hearing having been held May 21, 1957 the City Planning Commission does hereby give approval to preliminary plat of Burton Hollow Estates Subdivision No. 2 located on the South side of Six Mile Road approximately 1,400 feet West of Farmington Road in the Northeast 1/4 of Section 16 subject to (1) Length of Burton Lane as shown on proposed plat be limited to 600' from intersection of Bloomfield and Burton Lane (West side of Lots 221 and 228) and (2) A temporary turn around be provided at the end of Burton Lane, 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, Parks and Recreation Department, 216 1762 Police Department and Members of the Plat Committee. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Lotz, Okerstrom, Kane, Harsha and Robinson NAYS: Walker and Miller Mr. Miller stated he voted nay as he still feels property along the ravine should be RU and that otherwise petitioner is within his rights and it is a good plat. The secretary announced that the next item on the agenda was Application TA27 by John B. Ambrose, Attorney for Dachille Trucking Company requesting renewal of Application TA18 (Permit No. 33) for removal of sand located on a portion of Parcels 24CO and 24Db located on the North side of Schoolcraft Road approximately 2,300 feet East of Middlebelt Road in the South 1/2 of Section 24. Mr. H. Paul Harsha and Lieutenant Bob Perry were excused at approximately 10:05 p.m. Messrs. John B. Ambrose and Charles Lemmer, Dachille Trucking Company were present. Mr. Lemmer stated that the water has been drained and that it is impossible to complete it now because of the weather and soil condition. A man has gone out every day and will go out again tomorrow. Mr. John Carter, 14408 Lyons confirmed that the property has been drained but there is still a muck hole. If there is another rain it will over- flow adjoining property. Mr. Robinson suggested that if application is granted that it be granted subject to water hole being filled immediately and that if this is not done, weather permitting, that the property owners contact the Bureau of Inspection. Asked ''Ir. Lemmer whether operation could be corrected in ten days weather permitting. Mr. Lemmer stated he could. Mr. Okerstrom stated he visited site and that in his opinion petitioner has gone 2' below where he should have. Felt hole could be filled to- morrow if the effort were great enough. Area is fine sand and was able to walk on it the day after it rained. Did not think application should be granted until after condition is corrected. Area is 22' lower than adjoin- ing property. Mr. Walker refered to Portion of Section 4.13, Zoning Ordinance, No. 60. Mr. Ambrose stated that if granted approval tonight they will be finished with operation within 30 to 60 days. Mr. Miller stated if petitioner is operating in good faith they will find means to fill hole prior to coming in and asking to remove further sand. Commission has run across similar situation in the past where sand removers have been able to remove sand, get bond and leave holes. 217 1763 Upon a motion duly made by Mr. Miller and seconded by Mr. Okerstrom, it was #7-216-57 RESOLVED that, Application TA27 by John B. Ambrose, Attorney for Dachille Trucking Company requesting renewal of Application TA18 (Permit No. 33) for removal of sand located on a portion of Parcels 24CC and 24DD situated on the North side of Schoolcraft Road approximately 2,300 feet East of Middlebelt Road in the South 1/2 of Section 24 be tabled until July 23, 1957 in order to allow petitioner to fill low area and to show that he is in faith. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Lotz, Okerstrom, Robinson and Miller NAYS: Walker NOT VOTING: Kane Upon a motion duly made by Mr. Kane and seconded by Mr. Miller, it was #7-217-57 RESOLVED that, statement dated July 8, 1957 from Albe Munson, Planning Consultant for $330.43 be approved and forwarded to the proper department for payment. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Lotz, Okerstrom, Kane, Walker, Robinson and Miller NAYS: None Upon a motion duly made by Mr. Lotz and seconded by Mr. Greene, it was #7-218-57 RESOLVED that, statement from Albe Munson, Planning Consul- tant for $1,000 (Contract dated "pril 16, 1957) be approved and forwarded to the proper department for payment. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Lotz, Okerstrom, Kane, Walker, Robinson and Miller NAYS: None Mr. Fred A. Lotz was excused from meeting at approximately 10:31 p.m. The secretary read letter dated July 2, 1957 from Robert H. Lorion, Attorney requesting a 90 day extension on the proposed Curtis Acres Subdivision lo- cated in the West 1/2 of Section 10. Mr. Robert Lorion was present. Upon a motion duly made by Mr. Miller, seconded by Mr. Kane and unanimously carried, it was #7-219-57 RESOLVED that, request dated July 2, 1957 from Robert H. Lorion, Attorney for Marvin Kaye for a 90 day extension on the proposed I[: Curtis Acres Subdivision located in the West 1/2 of Section 10 be granted. The Chairman declared the foregoing resolution adopted. 218 1.4 1764 Gtr The secretary read letter dated July 10, 1957 from Henry Koloff, Henry Koloff Building Company requesting a six month extension of time on the proposed Koloff's Greenbirar Meadows Subdivision and Koloff's Greenbriar Meadows Subdivision, No. 2 located in the Northwest 1/4 of Section 21. Mr. Koloff was present. Upon a motion duly made by Mr. Kane, seconded by Mr. Miller and unanimously carried, it was #7-220-57 RESOLVED that, request dated July 10, 1957 from Henry Koloff, Henry Koloff Building Company for a 6 month extension of the proposed Koloff's Greenbriar Meadows Subdivision and Koloff's Greenbriar Meadows Subdivision, No. 2 located in. the Northwest 1/4 of Section 21 be granted. The chairman declared the foregoing resolution adopted. The secretary read letter dated July 10, 1957 from Mayor William W. Brashear regarding Petition No. Z-223 and No. Z-234. On a motion duly made, seconded and unanimously adopted this 82nd Regular Meeting and Public Hearing was duly adjourned at approximately 10:50 p.m., July 16, 1957. / I �/ Robert L. Miller, Secre ary ATTESTED: William R. Robinson, Chairman