Loading...
HomeMy WebLinkAboutPLANNING MINUTES 1957-11-05 IMI 1840 MINUTES OF A PUBLIC HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On November 5, 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 8:00 p.m. Members present: Leonard Kane H. Paul Harsha Fred A. Lotz Charles Walker William R. Robinson Wilfred Okerstrom Robert L. Greene Members absent: *Dennis Anderson Robert Angevine Lieutenant Bob Perry, Livonia Fire Department and Rodney Kropf, Asst. City Attorney were present together with approximately 30 interested residents. Mr. Fred A. Lotz presided as secretary pro tem. The secretary announced that the first item on the agenda was the proposed Glenbrook Colony Subdivision located approximately 300 feet East of Fitzgerald Avenue between Pembroke Avenue and Seven Mile Road in the South 1/2 of Sec tion 5. The secretary read letters dated October 9, 1957 from J. B. Folsom, Chair- man, Parks and Recreation Commission; dated October 25, 1957 from Calvin Roberts, Chief Livonia Fire Department and dated October 30, 1957 from Donald Wilson, Chief Inspector. Mr. Theodore I. Crantz was present. Mr. Hershel Chairman of the Plat Committee stated that he had not had an opportunity to contact Mr. Angevine but that Mr. Okerstrom called his attention to the fact that several of the lot corners have sharp angles which should be rounded off. Commission cannot allow more than a 90° angle. The lots all appear to be ample size. Felt Commission should have recommendation from either the Engim Bring Department or the Department of Public Works as to what their feeling is regarding sewer facilities. The secretary read recommendation dated October 29, 1957 from Albe Munson, Planning Consultant. Mr. Robinson questioned petitioner about park and school sites. *Mr. Dennis Anderson arrived at approximately 8:09 p.m. Mr. Crantz stated that he had contacted Mr. Benton Yates, Supt., Livonia Public Schools. The proposed subdivision will be divided into four units. The School District is trying to relocate site. Have another 30 acres on New- burgh Road and have asked them to consider that as a site. Requested approval of proposed plat subject to School District's decision. The existing site is in the third unit of proposed subdivision. Have forwarded sewage disposal plant plans to Mr. Dave Msinzinger, Direct or of Public Works and they are going into the City Council shortly. Mr. Leonard Kane was temporarily excused from meeting at approximately 8:12 p.m. Mr. Walker stated proposed school site is very irregular in topography. ;a, Mr. Crantz stated that the school district has permission to tie into the sewage disposal plant. When their equipment is in area arrangements can be made to level area so that it will be feasible for them to handle it. Mr. Leonard Kane returned to meeting at approximately 8:15 p.m. Mr. Greene stated when sewage disposal plant was before Commission previously the case was pending before the State. Mr. Crantz informed Commission that the sewage disposal plant was approved by the State 30 days ago. Mr. Robinson referred to letter from Bureau of Inspection regarding corner lots. Mr. Crantz stated that the short side is facing the street and that the homes should face that way. Mr. Greene stated he is not too happy about only one ingress to the proposed subdivision. Mr. Crantz stated he does not own further property on Seven Mile Road. There is provision for the continuation of Haldane Avenue through to Newburgh Road but that it is not developed as yet. Mr. Robinson asked Mr. Crantz to make note of Mr. Munson's recommendation regarding topography. No one was present wishing to be heard either in favor of or opposed to petition as presented. Mr. Walker asked whether Commission should approve only units 1, 2 and 4 and exclude Unit 3 pending outcome of the meeting with the School District. Mr. Robinson stated that that is not necessary inasmuch as plat has not been divided and can be done so at a later date. Mr. Crantz suggested approval subject to satisfactory meeting with the School District. Upon a motion duly made by Mr. Walker and seconded by Mr. Kane, it was #11-315-57 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby give approval to preliminary plat of Glenbrook Colony Subdivision located approximately 300 feet East of Fitzgerald Avenue between Pembroke Avenue and Seven Mile Road in the South 1/2 of Section 5 subject to: (1) Meeting and agreement between Mr. Theodore I. Crantz, Parks and Recreation Conmiissionand Livonia School Board pertaining to the proposed school and Park sites and (2) Method of sewage disposal meeting with the approval of the Department of Public Works, 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, Fire Department, Police Department, Parks and Recreation Department and Members of the Plat Committee. 8 A roll call vote on the foregoing resolution resulted in the following: AYES: Okerstrom, Greene, Kane, Walker, Harsha, Robinson and Lotz NAYS: None NOT VOTING: Anderson The secretary announced that the next item on the agenda was Petition No. Z-220a by Maria Gargaro requesting a change of zoning classification on Parcel 13K8b located on the Northwest corner of Harrison Avenue and Five Mile Road in the Southwest 1/4 of Section 13 from C-1 to C-2. The secretary read letter dated September 23, 1957 from Calvin Roberts, Chief Livonia Fire Department. Miss Maria Gargaro and Mr. Walter Abraham, 29127 Five Mile Road were present. Mr. Abraham stated petitioner wishes to use parcel for multiple housing but that in requesting R-3 classification she is giving up at the present time and in the future certain uses permitted in C-1 Classification; therefore petitioner requests C-2 change. Classified as C-1 it is of more value than R-3. There is more C-1 in area further West and no C-2 at all. Mr. Robinson stated request will create spot zoning. Mr. Abraham stated that rezoning to R-3 will also be spot zoning and the owners would give up certain privileges permitted in Cl- District. Mr. Lotz read recommendation by Albe Munson dated October 3, 1957. Mr. Abraham stated he thoughthe could get others in area to rezone their lots to C-2. Mr. Robinson informed Mr. Abraham that that is not the point of Mr. Munson's recommendation but that there is already too much business in the area now. Mr. Harsha stated that if anything is done, Commission should rezone entire corner. Mr. Lotz stated if petition is granted for change to C-2 and client changes her mind to construct multiple housing she could then use property for other uses not now allowed in C-1 area. Mr. Kane stated in his opinion petitioner wants her cake and eat it too. Mr. Harsha stated that there should be some consistency in the depth as pointed out by Mr. Munson. No one was present wishing to be heard either in favor of or opposed to petition as presented. Mr. Lotz suggested that petition be tabled until such time as Commission obtains something from the Department of Law regarding district and Mr. Munson's comments. Mr. Abraham offered to contact adjacent property owners regarding the zoning of their property being changed to C-2. Mr. Robinson agreed that that would be a good idea inasmuch as it would help Commission to know the position of the adjacent property owners. '402 The Chair informed those present that the item would be taken under advisement and that a decision would be made at a later date. The secretary announced that the next item on the agenda was Petition No. Z-239 by John G. Lane asking that the zoning classification of Lots 1 to 14, inclusive and Lots 474 and 475, Schanhite's Marquette Manor Subdivision located on the Northeast corner of Deering Avenue and Plymouth Road in the Southeast 1/4 of Section 25 be changed from -2 to M-l. The secretary read letter dated August 30, 1957 from Marie W. Clark, City Clerk. Mr. Rodney Kropf temporary left meeting at approximately 8:40 p.m. The secretary read letter dated September 23, 1957 from Calvin Roberts, Chief Livonia Fire Department. Mr. Clarence R. Charest, Attorney, 33636 Five Mile itQad was present. Mr. Charest stated petitioner has been at this location for some years. Business requires storing of lumber out of doors which is non-conforming in a C-2 District. Have secured a Non-Conforming Use Certificate. Requesting rezoning so that use will be compatible with zoning. Requested Planning Consultant's recommendation be read. Mr. Kropf returned to meeting at approximately 8:43 p.m. Mr. Lotz read recommendation dated October 3, 1957 by Albe Munson, Planning Consultant. Mr. Charest stated that property is located next to the Fisher Body Plant and it is an industrial section. Business extends from Deering to Cardwell Avenues for the entire frontage. Mr. Hearkles Brown, 11950 Cavell representing Elm Civic Association and residents on Deering Avenue objected to having lumber yard as petitioned for. Will not object to lumber yard on Plymouth Road but do object to it on Deering Avenue and changing classification to M-1. Mr. Charest informed Commission that there is a residence on lots behind lots fronting on Plymouth Road and that client does not intend to store materials. there. Intend to use lots only as they are presently being used. Mr. Brown did not agree to having lumber yard back up to homes on Cardwell. Mr. Charest stated lots on Cardwell are presently zoned for parking. Mr. Brown stated it is not good idea to break into residential zoning. Mr. Edmund Gniewek, 12010 Cavell stated in area they have Wayne County yard on one side; two lumber companies on Inkster; General Motors on one side and now petitioner wants to further encroach. Home owners also have investment tied up and wish to keep area residential. Mr. Charest stated use is lumber yard now; therefore u tls not being changed. Commission is aware that under a non-conforming Certif7 there are certain regulations. Petitioner would like to increase his present storage. e0:1 I' 1844 Mr. Okerstrom asked how long lumber yard has been in area. Mr. Charest stated approximately 10 years. Mr. Okerstrom asked whether client will expand yard to the North. Mr. Charest stated client will not and that property was purchased for purpose of lumber yard in 1940. The Chair announced that item would be taken under advisement and that a decision would be made at a later date. The secretary announced that the next item on the agenda was Petition No. Z-240 by Daniel Bzovi and Thomas Pascu asking that the zoning classification of Parcel 26B and portion of Parcel 26A1b located on the South side of School- craft Road approximately 775 feet West of Middlebelt Road in the Northeast 1/4 - of Section 26 be changed from RUFB to M-1. The secretary read letters dated October 24, 1957 from Lee H. Farbsten, Secretary, Schoolcraft Manor Civic Association; dated August 30, 1957 from Marie W. Clark, City Clerk; dated October 4, 1957 from Avern Cohn, Attorney and dated September 23, 1957 from Calvin Roberts, Chief Livonia Fire Department. Messrs. Avern Cohn, Attorney Fred Campbell, Campbell Construction Company, 9301 Michigan Avenue, Detroit and William Stockdale, Industrial Analyst, C. & 0. Railway were present. Mr. Cohn stated there are 54 acres involved and that they run from Middlebelt Road West. Understood that the 20 acres petitioned for previously for Drive-In Theatre purposes has since been sold and there is no intent to use it for that purpose. Sunshine Biscuits, Inc. has an agreement to purchase property from Daniel Bzovi and also five pieces to the West. Plans are to develop this portion M-1 in accordance with the permitted uses in M-1 Districts. With this in mind the C & 0 Railway which has its right-o-f way South, has made arrange- ments to obtain easement to the Kroger right-of-way to the property line. The property is being sponsored by Fred Campbell, Campbell Construction Inc. Understood that the front 300' is already zoned C-2 and that it is the rear portion that is zoned RUF. Anxious to go ahead with plans and have to know feeling of Commission. Property is being purchased as M-1 property even though it is presently zoned RUF and C-2 as it is immediately adjacent to Kroger Warehouse. Presented plans dated November 1, 1957 by Campbell Engineer- ing Company, Inc. showing proposed use of property. Sunshine Biscuits, Inc. and Velvet Peanut Products, Inc. will develop ten acres and others will develop rest of property. Because of the complexity of the problem feel that the only use of the property is M-1 and cannot be developed residential to any degree. Mr. Harsha referred to Mr. Munson's recommendation dated October 3, 1957 wherein there will be a rectangular RUFB area left between C-2 and M-1 areas. It was suggested that the rectangular area also be zoned M-1. Mr. Cohn requested that this petition not be delayed. Mr. Greene asked whether request is consistent with Consultant's plans for road paralleling C & 0 Railway. Mr.. Samuel Peterson, 30952 Schoolcraft Road representing Schoolcraft Civic Association stated most of the finest homes in Livonia are located in this area on the Schoolcraft Road frontage. 304 Mrs. Einar Nielsen, 29618 Schoolcraft Road stated her home is directly opposite C proposed rezoning and that it and others are valued at $20,000. Mr. Peterson stated that the Mayor has recently appointed a committee who is now working with a plan for a road paralleling the railway which will eliminate industry on Schoolcraft Road. Mr. Cohn stated he is familiar with the committee working on the proposed road. Informed Commission that this was worked out and it is only tentative and that anything the City suggests they would be happy to work with. Mr. Robinson asked how close industry will be to Schoolcraft Road. Mr. Cohn stated building will no doubt be 2001 from Schoolcraft Road - possibly 3001. This might be parking also. At this time there is no intent to build up to highway. There will be no problem in keeping it off of Schoolcraft Road inas- much as there is 1,1601 of depth. Mr. Frank Doyle, 29572 Schoolcraft Road stated his home is also located on Schoolcraft Road within 1,000 feet of Middlebelt Road. Have no objection to The Detroit Edison Substation because it is •necessary but with all the vacant land in Livonia had no objection to proposal as long as it is kept close to railway like Kroger Warehouse. Mr. Louis Szabo, 14150 Hillcrest stated he was under the impression that the property fronting Schoolcraft Road is zoned RUF. Mr. Walker confirmed that it is RUF for 1,2001 West of Middlebelt Road for a depth of 3601. Mr. Szabo stated his feeling is that we want this tabled as stated in letter so that it can be brought up at the association meeting. Mr. Campbell stated that a greenbelt would look much more attractive to the property owners across the street with industry on Schoolcraft rather than commercial buildings up to the property line which is possible. Mr. Robinson suggested that the first 3001 (from right-of-way line) be zoned P. Mr. Cohn had no objection to suggestion except for the piece The Detroit Edison Company is buying. Mr. Kane objected to the North-South street as shown on plan submitted. Mr. Arthur Fisher30408 Hoy questioned action taken by Commission on Petition No. Z-197 (Koepplinger Bakery petition). Mr. Robinson informed Mr. Fisher that he thought there was to be a strip 3001 to be used for parking and greenbelt purposes. Mr. Fisher stated there is the main point that there is creeping of industry onto Schoolcraft Road. Mr. Harsha referred to Section 14.08, Zoning Ordinance, No. 60 wherein a parcel of ten acres or more must have 2001 set back. Mr. Robinson requested verbal amendment to petition as previously suggested. Mr. Cohn stated he would be happy to amend petition and that he would do so also in writing. Mr. Doyle thought petitioner shoulifind other land closer to railroad and not on Schoolcraft Road. Mr. Stockdale informed Commission that there is not a lot of land available along the railroad. Mr. Doyl gsd whether it would be possible to have a survey made to see how much land/is available for M-1 use along the railroad. Mr. Robinson assured Mr. Doyle that the City is not in a position to conduct such a survey. Mr. Walker stated he believed petitioners were invited to a meeting of the Industrial and Business Committee mebting Thursday (November 7, 1957) at which time this problem will be discussed. Could not see how Commission could take any action on petition this evening. Site plan as submitted is most desirable and fits into the plans previously discussed. Mr. Fisher stated that residents compromised with Koepplinger Bakery but did not think that the practice should continue. Mr. Peterson stated there are many homes on Schoolcraft Road and that having greenbelts as suggested will just create nno manta Land". Suggested RUF classification rather than P. Mr. Robinson asked Mr. Kropf if property is rezoned to P would that also mean that they would have to have a set back of 200' as stated in Section 14.08, Zoning 0rdinaice No. 60. Mr. Kropf stated he would have to study question before he could give a definite answer. Mr. Cohn stated he could amend petition November 19, 1957 as well as tonight and that in the meantime the City Attorney can decide just what way the first 300' should be handled. Upon a motion duly made by Mr. Lotz, seconded by Mr. Kane and unanimously carried, it was #11-316-57 RESOLVED that, Petition No. Z-240 by Daniel Bzovi, et al for a change of zoning in the Northeast 1/4 of Section 26 from RUFB to M-1 be tabled until November 19, 1957. The Chairman declared the foregoing resolution adopted and called a recess at approximately 9:30 p.m. The Chairman called the Public Hearing to order at approximately 9:40 p.m. with all present as named at the beginning and course of meeting. The secretary announced that the next item on the agenda was Petition No. Z-242 by Max and Gladys Baskin and Ben and Miriam Baskin asking that .the zoning classification of Parcels 31G1b and 31G1c located on the Northwest corner of Ann Arbor Trail and Ann Arbor Road in the Northeast 1/4 of Section 31 be changed from R-1-B to C-2. The secretary read letters dated October 9, 1957 from Marie W. Clark, City Clerk; dated October 1, 1957 from Robert E. Childs, Attorney and dated October 21, 1957 from Calvin Roberts, Chief Livonia Fire 1[4. Department. Mr. Robert E. Childs, Attorney was present. r1 Mr. Childs informed Commission that there are two parcels involved one with 300' frontage and one with 100' frontage. Client would like to build a series of stores - Kroger, drug store, barber shop, etc. with sufficient off-street parking and greenbelt as required by Ordinance. Mr. Lotz read recommendation dated October 29, 1957 by Albe Munson, Planning Consultant. Mr. Childs requested favorable action by Commission this evening inasmuch as there is an option on the property which expires November 29, 1957 and cannot be renewed. Before anything can be built, petitioner will have to comply with Ordinance. • Mr. Walker stated that as far as the parking is concerned, it is up to the Bureau of Inspection and could not see holding petition for further information and plot plan. 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. Walker, seconded by Mr. Kane and unanimously carried, it was #11-317-57 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-242 by Max and Gladys Baskin and Ben and Miriam Baskin for a change of zoning in the Northeast 1/4 of Section 31 from R-1 B to C-2, the City Planning Commission does hereby recommend to the City Council that Petition No. Z-242 be granted because Commission can see no fit use for this particular parcel of land other than what is requested, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of October 17, 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, City Departments and petitioners as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the final approval of the proposed Ann Arbor Trail Subdivision located West of Hix Road between Ann Arbor Trail and Ann Arbor Road in the Northwest 1/4 of Section 31. The secretary read letter dated October 30, 1957 from Marie W. Clark, City Clerk. Mr. Bob Scheible, Harry Sosnick Management Company was present. Mr. Robinson asked if there have been any changes to the proposed plat since approval of the Commission. Mr. Scheible stated that there had not. Upon a motion duly made by Mr. Kane, seconded by- Mr. Lotz and unanimously carried, it was 437 #11-318-57 RESOLVED that, final plat of Ann Arbor Trail Subdivision (first unit) located West of Hix Road between Ann Arbor Road and Ann Arbor Trail in the Northwest 1/4 of Section 31 be given final approval, and FURTHER RESOLVED, inasmuch as it appears on the records that the tentative approval of said proposed plat was given by the City Planning Commission April 16, 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 August 12, 1957; and it further appearing that a bond in the amount of $314,000 to colter the installation of improvements has been filed in the office of the City Clerk under date of October 29, 1957 such bond having been approved by William N. Ponder, City Attorney under date of October 30, 1957 it would therefore appear that all the conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Greene, seconded by Mr. Kane and unanimously carried, it was #11-319-57 RESOLVED that, City.Planning Commission depart from regular order of business to hear Item No. 9 wherein there are interested persons present. The Chairman declared the foregoing resolution adopted. The secretary read letter dated October 18, 1957 from John Miller, Property Trustee and Glenn Wegmeyer, Pastor, Timothy Lutheran Church regarding Petition M-41 and Resolution No. 3-57-57 adopted by the Commission March 5, 1957. The secretary also read letter dated October 24, 1957 from Calvin Roberts, Chief Livonia Fire Department. Mr. John Miller was present. Lieutenant Perry stated it is true that he met Mr. Miller and showed him where the Fire Department wanted the fire hydrant located and Mr. Miller explained some of the reasons he thought why it wasn't necessary to have fire hydrant. Mi. Miller did a nice job of selling on the idea of not having a fire hydrant until the site was revisited. Mr. Miller pointed out the financial burden in having to put fire hydrant in. Stated the Fire Department has requested the hydrant for several reasons: (1) Aid and rescue of persons in church; (2) Protection of church property from fires; and (3) Keep from crossing busy highway (at the discussion of the Transportation Study it was pointed out that Wayne Road is to be 120' to 150' wide.) Submitted copy of Vol. 110, No. 2 Fire Engineering dated February, 1957 regarding church fires for Commission's inspection. Mr. Kane stated it did not seem to him that in Detroit they have fire hydrants down both sides of main streets - somehow traffic has to be controlled. 308 Lieutenant Perry stated that Detroit has more equipment, hose and police protection. The Fire Department is trying to get along with what it has. C`1 Mr. Robinson stated in his opinion it will cause great hardship to require this fire hydrant. Mr. Kane asked if there are any homes on the East aide of Wayne Road. Mr. Miller stated there is a home on the Southeast corner of Ann Arbor Trail and Wayne Road. Mr. Lots asked how many feet of line would be necessary to install hydrant. Mr. Miller stated at present they do not know the width of Wayne Road but thought approximately 140' of underground pipe. Stated there are existing hydrants 300" North of property and one directly across the street on West side of Wayne Road. Mr. Kropf made the observation that the State Law provides that one cannot cross over a fire hose. Mr. Greene asked Mr. Kropf if this Commission waives requirement of hydrant, would it be setting a precedent. Mr. Kropf did not think so if Commission has reasons why it is waiving requirement. Mr. Anderson stated his understanding is that the only reason Commission is waiving requirement of fire hydrant is that the church is short of funds. Mr. James Hande, 31753 James, Garden City stated church is a small missionery church with only 18 members. Mr. Robinson asked whether when church is financially able to it will consider "mil fire hydrant. Mr. Miller stated church will consider it. Upon a motion duly made by Mr. Walker and seconded by Mr. Kane, it was #11-320-57 RESOLVED that, City Planning Commission does hereby grant request dated October 18, 1957 from Timothy Lutheran Church to waive requirement of fire hydrant on property as stipulated by Commission in Resolution No. 3-57-57 adopted March 5, 1957. Mr. Greene stated he has read article in Fire Engineering as submitted by the Fire Department and that one of the basic responsibilities of Commission is the public's safety and that while Commission sympatizes with problem of the petitioner the Fire Department is insistent in their request for fire hydrant and Commission should not be swayed. A roil call vote on Resolution No. 11-320-57 resulted in the following: AYES: Kane, Walker, Harsha, Robinson and Lotz NAYS: Greene, Okerstrom and Anderson Upon a motion duly made by Mr. Kane and seconded by Mr. Okeratrom, it was 309 1850 #11-321-57 RESOLVED that, minutes of meeting October 1, 1957 be approved except that such meeting member wasrot in attendance he abstain from voting. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Okerstrom, Kane, Walker, Harsha, Robinson and Lotz NAYS: None NOT VOTING: Anderson The secretary read letter dated November 4, 1957 from Charles J. Pinto, Asst. City Attorney regarding amendment to Zoning Ordinance (Sections 10.02, 11.02 and 14.02). Upon a motion duly made by Mr. Lotz, seconded by Mr. Walker and unanimously carried, it was #11-322-57 RESOLVED that, the City Planning Commission at this time on its own motion does hereby provide for a Public Hearing to be held December 3, 1957 to amend Zoning Ordinance No. 60 as follows: AN ORDINANCE AMENDING SECTION 10.02 OF ARTICLE 10.00, SECTION 11.02 OF ARTICLE 11.00 AND SECTION 14.02 OF ARTICLE 14.00 OF THE ZONING ORDINANCE, ORDINANCE NO. 60, AS AMENDED, OF THE CITY CF LIVONIA. THE CITY OF LIVONIA ORDAINS: Section 1. Subsections (c) and (g) of Sections 10.02 of Article 10.00 and Subsection (h) of Section 11.02 of Article 11.00 of Ordinance No. 60 entitled "Zoning Ordinance of the City of Livonia", are hereby amended to read as follows: Section 10.02 Uses Permitted. In all C-1 Districts no building or land, except as otherwise provided in th is ' ordinance, shall be erected or used except for one or more of the following uses: (a) All uses permitted in an R-2 District. (b) Retail stores, business and professional offices public utility buildings, newspaper distributing stations and restaurants. (c) Open air sales, upon a certificate of approval by the City Planning Commission; for food sales, upon a certificate of approval by the City Health Depart- ment and the City Planning Commission, where such sale will not interfere with sidewalk or street traffic. However, this shall not permit the operation of material yards, including new and used lumber sales or used machinery or used auto parts. Notwithstanding the above, the sale of Christmas trees shall be permitted upon the approval of the Police Department 3 . - CZ7 that there is suitable and safe ingress and egress to the premises used for such purposes and upon the approval of the Fire Department that all fire rules and regulations of such department have been complied with and upon pproval of the Bureau of Inspection that such use is made in compliance with this ordinance and the rules and regulations of the bureau. (d) Shops producing merchandise to be sold at retail on the premises, provided that the services of not more than five (5) persons are required to produce such merchandise. (e) Personal service shops such as barber shops, beauty parlors, shoe repair shops, laundry pickup shops, dry-cleaning pickup shops, and any similar service or use, provided any .such shop or parlor shall not employ more than five (5) persons. (f) A gasoline and oil service station, when approved by the City Planning Commission. (g) Accessory buiuings and uses customarily incidental to any of the above permitted uses. A storage garage for the storage of commercial vehicles used by a business or other permitted activity, when located on the same lot therewith and occupying not more than twenty-five (25) percent of the area of such lot shall be considered a legal accessory building and use in C-1 Districts. A sign or other advertising display of a size not exceeding seventy 170) square feet in area, when such sign pertains to the sale. rental or use of the premises on which the sign is located, or to goods or activities conducted thereonk or when serving primarily as a directional sign or legal notice shall be considered a legal accessory use in C-1 Districts. The sign mai be attached to the building or may be free standing, but in any case the building or post to which the sign is attached shall be on or back of the lot line and off of the Master Thoroughfare Plan set back line and such sign shall not prosect more than fifteen (152 inches beyond the front building line or street line as established by the Master Thoroughfare Plan. No sign or porition of the sign shall project into or across a public alley. Signs larger in area than authorized in this section shall not be permitted except upon the approval of the City Planning Commission; provided, however, that such approval shall be given only on condition that the sign will be properly maintained, will not become unsightly and will not become a menace to the Public health, safety and welfare. Section 11.02 Uses Permitted. In all C-2 Districts no building or land, except as otherwise provided in this ordinance, 311 1852 shall be erected or used except for one or more of the following specified uses: (a) All uses permitted in R-3 and C-1 Districts. (b) Stores and shops for the conducting of a service or a retail business, except that the storage of lumber and other building supplies or similar materials for retail sale shall be housed within a building having four (4) side walls and roof, open storage of this or similar material shall not be permitted. (c) Office and showroom of a plumber, electrician, decorator or similar trade. (d) Personal service shops, such as barber shops, beauty parlors, shoe repair shops, tire repair shops, laundry pickup shops, dry-cleaning pickup shops, messenger or telegraph service stations and any similar service or use. (e) Banks, theaters, hotels, assembly buildings, catering establishments, conservatories, sales and show rooms, research and testing laboratories, studios, under- taking establishments, dance halls, recreation halls, parking lots and public owned buildings. (f) Public utility buildings. (g) Establishments within buildings or structures for the repair, alteration, finishing, assembling, fabrication, or storage of goods primarily for the residents of the locality or for sale at retail on the premises, provided there is not in connection therewith the operation of any activity or the storage or display of goods in such manner as to be obnoxious or offensive by reasons of the emission of odors, fumes, dust, smoke, waste, light-glare, noise or vibration, and further provided that no commercial enterprise shall emplq more than five (5) mechanics or workers per each two thousand (2,000) square feet of floor area, on the repair, conversion, alteration, finishing or fabrication of goods. (h) Advertising signs only when pertaining to the sale, rental or use of the premises on which it is located or to goods sold or activities conducted thereon, or when serv- ing primarily as a directional sign or legal notice. Only one (1) such sign shbe� permitted on a lot when such lot is four thousand 14,000) squ are feet or less in area, and such sign shall not exceed seventy (70) square feet in area of display surface and shall not exceed seventeen and one-half (17 ) feet in length. Signs ' larger in area than authorized in this section shall not be permitted except upon the approval of the City Planning Commission. 312 imriak (i) Carnivals, outdoor circuses or migratory amusement , enterprises. (j) Dry Cleaning plants, garages and auto wash establish- ments, on approval of the City Planning Commission; pro- vided, however, that such approval shall not be given until, in addition to other requirements and consider- ations, there is filed with such Commission the written consent of the owners of frontage of property immediately 31, abutting the premises involved and the written consent of the owners of seventy (70) percent of the frontage of all property within three hundred (300) feet of such premises and not separated therefrom by more than one street or alley. (k) Motels or motor courts upon approval of the City Planning Commission. The Commission may permit motels and motor courts in C-2 Districts, provided that a public hearing is held and it is established that sixty (60) percent of the property owners do not object within five hundred (500) feet distance from any part of the lot area involved, and provided that a lot area equal to that re- quired for a residence shall be provided for management provided that each unit provides a lot area of one thousand (1,000) square feet for the first room of eighty (80) or more square feet and an additional area equal to twice the room area for each additional room of eighty (80) squ are feet or more and provided that each unit or group of units shall have two (2) side yards of not less than ten (10) feet each for interior lot side yards; how- ever, when side yards abut a side street then such street side yard shall be not less than twenty-five (25) feet, a front yard of not less than twenty-five (25) feet, a rear yard of not less than ten (10) feet and separate buildings shall be not less than ten (10) feet apart; and further provided, that each unit shall have one (1),room with not less than one hundred and fifty (150) square feet of floor area, a bathroom of not less than twenty-five (25) square feet of floor area, and not less than fifty (50) Square feet of floor area for a kitchenette, if pro- vided; and further provided, that building height of motel shall not exceed one (1) story or fifteen (15) feet; and further provided, that no guest shall occupy such accommodations of any motel or motor court for a period of more than one (1) month within any calendar year. (1) Any other use similar in character to the above uses when it is not obnoxious or offensive to the locality by reason of the emission of' odor, fumes, dust, smoke, waste, light-glare, vibration or noise. (m) Office of veterinarian, including animal clinics and animal hospitals without outside kennels, for the care and treatment of small pets, such as dogs, cats and similar small animals, with the approval of the City Planning Commission. 313 1854 Section 2. Section 14.02 of Article 14.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia" is hereby amended by adding Subsection (j) thereto: Section 14.02 Uses Permitted. In all M-1 Districts no building or land shall be erected or used except for one or more of the following uses: (a) Any-use of land or building which is permitted in an AG or C-2 District, except all types of dwellings. (b) Light industrial plants; machine shops; manufacturing of furniture, hardware, jewelry, tools, dies, gauges, instruments, patterns, tobacco products, leather goods, paint, varnish, plastic articles, boxes, paper articles, wearing apparel, shoes, pharmaceutical articles and similar items; and small shops for fabricating, assembling and developing activities and processes. (c) Any wholesale or jobbers business. (d) Storage buildings, warehouses, and yards for whole- salers, distributors and jobbers, and for lumber, build- ing materials and supplies, coal, coke, fuel and similar items. • (e) Laundry and dry cleaning establishments, cold storage plants, bakeries, dairies and creameries, soft drink and bottling plants, artisian and craftsman shops, printing and engraving shops, radio stations, millwork and lumber planing mills, tinsmith and sheetmetal shops and paint shops. (f) Gasoline and oilservice stations, garages, repair shops and similar highway services. (g) Terminal facilities and freight houses for railroads, truck lines and motor transport. (h) Uses similar to the above specified uses. (i) Uses accessory or incidental to the above permitted uses. (j) Advertising signs when such signs pertain to the sale, rental or use of the premises on wnicn it is locate( or to goods sold or activities conauctea thereon, or far any other purpose which is approves or by the tsureau or Inspection. sudE signs snail not be permitted except on • the approval of the ?o13ce uepartm nt ana the Bureau of inspection. Provided however, that no use above specified shall be allowed where such use is contrary to any of the provisions or conditions • contained in this article. 314 Section 3. All ordinance or parts of ordinances in conflict C herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 4. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of the remaining portions of this ordinance. that a hearing be called and notice given as provided in Section 17.03 of such ordinance; and that a report and recommendation thereon be made to the City Council. The Chairman declared the foregoing resolution adopted. The secretary read letter dated November 4, 1957 from William N. Ponder, City Attorney regarding replacement of Mr. Rodney C. Kropf by Charles J. Pinto as Commission's attorney. The secretary read letter dated October 21, 1957 from Donald Wilson, Chief Inspector regarding Permits No. 32 and 35 (Applications TA17 and TA22). Lieutenant Bob Perry was excused from meeting at approximately 10:34 p.m. Mr. Kropf informed Commission that as a matter of procedure as in the case of the City Council since the bond for improvements is set by the City Council and the Council is the one that releases the bond, the same procedure should be followed in thecase of topsoil bond releases. Mr. Robinson questioned whether the Ordinance shouldn't be amended accordingly. Mr. Kropf agreed that this could be done. Upon a motion duly made by Mr. Walker and seconded by Mr. Kane, it was #11-323-57 RESOLVED that, City Planning Commission does hereby approve recommendation dated October 21, 1957 regarding Permits. No. 32 and 35 (Applications TA17 and TA22) relative to the release of bond issued in the amount of $25,000 by Saint Paul Mercury Indemnity Company for Edward and Leonard Raniszeski, d/b/a/ Raney Brothers. Mr. Kane asked whether Commission should go over and check site before release of bond. Mr. Greene suggested that the Topsoil Committee do this. Mr. Walker stated he discussed this with Mr. William Ponder, City Attorney and that he had been assured that in the future there will be a letter submitted from the Engineering Department assuring Commission of their inspection and approval. Also Mr. Ponder stated that this Commission should not be involved in the inspection of the site and that it should rely upon the Engineering Department and their inspection. Mr. Greene stated that the Engineering Department should be responsible for the release of the bond and not this Commission. lib Mr. Kropf stated he could see no objection to looking at the site. ILMr. Harsha stated in a way this is an Executive Body and as such we have other departments to do inspects ons etc. Mr. Robinson concurred. Mr. Lotz stated in his opinion the Engineering Department is much more qualified to see when and if property is brought up to grade. A roll call vote on the Resolution No. 11-323-57 resulted in the following: AYES: Greene, Okerstrom, Anderson, Kane, Walker, Marsha, Robinson and Lotz NAYS: None Mr. Walker informed Commission that he was in the Bureau of Inspection's Office when the proposed Belle Lynn Subdivision located in the West 1/2 of Section 24 was discussed and that there are ten lots where a Pipeline cuts through requiring 211 easements off of each lot. Have found it impossible to build garages on t hese lots and the Bureau of Inspection is now going before the Board of Appeals to allow waiver. Suggested that in the future Commission be more aware of these easements. A poll was conducted on the question whether or not to conduct an election of officers with the following result: AYES' Greene and Harsha NAYS ; Okerstrom, Anderson, Kane, Walker, Robinson and Lotz It was felt by some that all members should be present and Mr.Anderson thought he would like more time to become acquainted with members. On a motion duly made, seconded and unanimously adopted this Public Hearing was duly adjourned at approximately 10:45 p.m., November 5, 1957. /7 A,..,,.... - / �I Fred A. Lotz, Secretary pro t ATTESTED: ---- William R. Robinson, chairman