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HomeMy WebLinkAboutPLANNING MINUTES 1958-01-07 369 1906 MINUTES OF A PUBLIC HEARING AND THE 79TH SPECIAL MEETING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On January 7, 1958 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 8:12 p.m. Members present: Robert L. Greene Leonard Kane H. Paul Harsha Wilfred Okerstrom Robert Angevine Dennis Anderson William R. Robinson Members absent: Fred A. Lotz Charles Walker Charles J. Pinto, Asst. City Attorney was present together with approximately fifteen interested persons. The secretary announced that the first item on the agenda was Petition M-95 by Emmanuel Baptist Church and Detroit Association of American Baptist Churches requesting permission to erect a church edifice for the purpose of public worship. Christian education and Christian fellowship on Parcel 23G27a, 28a, 29a located on the Northeast ccrner of Merriman Road and Lyndon Avenue in the Northwest 1/4 of Section 23. Rev. Dwayne Axworthy, 30190 Minton was present. Mr. Joseph Bobovski, 14666 Merriman Road asked to look at plot plan Upon a motion duly made by Mr. Kane, seconded by Mr. Okerstrom and unanimously carried, it was #1-1-58 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby grant Petition M-95 by Emmanuel Baptist Church and Detroit Association of American Baptist Churches requesting permission to erect a church edifice for the purpose of public worship, Christian education and Christian fellowship on Parcel 23G27a,28a,29a located on the Northeast corner of Merriman Road and Lyndon Avenue in the Northwest 1/4 of Section 23, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioners 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 M-96 by LaVanway Sign Company requesting permission to erect a double faced sign 4' 6" high by 10' long with an additional panel on top measuring 3' x 3' making atotal of 54 square feet reading "Wonderland Lanes Bowling" lettered in black on white plexiglas face with stainless steel boxing and illuminated with Slimline lamps on Parcel 36A10b2 at 28455 Plymouth Road and situated on the Southwest corner of Plymouth and Harrison Roads in the Northwest 1/4 of Section 36. Messrs. Anthony Nowak, representing petitioner and George Bashara, 28455 Plymouth Road were present. tPqat 1907 :111 Mr. Kane asked height of sign above grade. Mr. Nowak stated sign would be located on roof and will be under 35' from grade to top of sign. There will be a 12" overhang. Mr. Robinson asked set back of building. Mr. Harsha ascertained that the building is on the property line. Mr. Anderson stated proposed sign is 24 square feet over that permitted by Ordinance. Mr. Robinson stated that that is correct. Mr. Harsha stated that inasmuch as it is a double faced sign petitioner is getting 108 square feet of advertising space. 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. Kane and seconded by Mr. Angevine, it was #1-2-58 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby grant Petition M-96 by LaVanway Sign Company requesting permission to erect a double-faced sign 4' 6" high by 10' long with an additional panel on top measuring 3' x 31 making a total of 54 square feet reading "Wonderland Lanes Bowling" lettered in black on white plexiglas face with stainless steel boxing and illuminated with Slimline Lamps on Parcel 36A19b2 at 28455 Plymouth Road and situated on the Southwest corner of Plymouth and Harrison Roads in the Northwest 1/4 of Section 36, 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. Mr. Harsha asked whether proposed color of sign will interfere with traffic. Mr. Nowak stated sign will have a white background with black and red letters A roll call vote on Resolution No. 1-2-58 resulted in the following: AYES: Greene, Okerstrom, Kane, Harsha, Angevine and Robinson NAYS: Anderson The secretary announced that the next item on the agenda was Application TA34 by Theodore Crantz requesting permission to remove topsoil on Parcels 05G1a2, 05G2b, 05H1a2,H1b,I and 05H2a1 located between Seven Mile Road and Pembroke Avenue approximately 300 feet East of Fitzgerald Avenue in the South 1/2 of Section 5. The secretary read letters dated January 3, 1958 from James N. Jordan, Chief Livonia Police Department; dated January 3, 1958 from Edwin M. Orr, Acting City Engineer and David Meinzinger, Director of Public Works and dated January 2, 1958 from Benton Yates, Supt. , Livonia Public Schools. Mr. Theodore Crantz was present. Mr. Crantz stated that he will leave proposed school site as is and that it is not their intent to remove from that portion of site. Mr. Kane reported that Mr. Walker, Chairman of the Topsoil Committee informed him that he had visited site and had no objections to removal of topsoil. 371 1908 Asked whether petitioner has received communication from Messrs. Orr and Meinzinger dated January 3, 1958. Mr. Crantz stated he had received communication and that he sent further records to Mr. Orr as requested. Mr. Robinson stated apparently Mr. Orr didn't receive report in time to make further recommendations. Mr. Harsha stated comparing letter dated January 6, 1958 addressed to Mr. Edwin Orr from Kieft Engineering and survey submitted, there is very little difference between present grade and proposed grade. Mr. Kane asked whether there will be basements with proposed homes. Mr. Crantz stated there will be three models - slab, tri-level and basement. Mr. Kane stated that according to proposed street elevations and survey submi! ted, petitioner will have one half foot of soil to remove. Mr. Clyde Day, 18641 Glastonbury, Detroit stated he sold 18.3 acres on Land Contract. Mr. Crantz stated that he expects to pay contract off before the first of March. Mr. Day stated that he does not want any topsoil removed until Contract is paid in full. Mr. E. T. tib od, 36500 Seven Mile Road stated his situation is the same as Mr. Day's and that he does not want soil removed until Contract is paid in full. Mr. Paul Rieker, Attorney, 1735 Dime Building, Detroit representing Mr. Goudeseune stated his client sold property to Grace Franjac and that he does not know petitioner. Petitioner does not own property and has no right to apply for permit. Mr. Silvere Deneut, 36720 Seven Mile Road stated he did not like to see soil removed until Contract is paid in full. Mr. Greene asked whether property owner must apply for permit to remove topsoil. Mr. Pinto stated that he believed the Land Contract Vendee has a sufficient interest to apply for topsoil removal as he has a beneficial interest inproperty. Whether or not petitioner is or is not a Land Contract Vendee is something Commission cannot say. Problem seems to be concern of the Title Owners that their security will be impaired - this is a private matter. Mr. Rieker stated in the case of his client's Contract, in case of a resale, it has to be in writing and approved by the Title owner. Mr. Pinto stated that if this is true, Mr. Crantz should be the first one to find out if he has a valid Contract or not. Mr. Robinson stated he did not feel Commission has right to approve request until it has information whether or not petitioner has right to remove topsoil. Mr. Harsha asked whether topsoil is to be removed prior to fulfillment of Contract or afterwards. Mr. Crantz stated afterwards. St 2 1909 , C`7 Mr. Harsha asked whether Mr. Crantz will be owner of property at the time the topsoil is removed. Mr. Crantz stated he would and that nothing can be removed until April. The following resolution was made by Mr. Angevine and seconded by Mr. Kane but was later withdrawn for further consideration: RESOLVED that, Application TA-34 by Theodore Crantz request- ing permission to remove topsoil on Parcels 05G1a2, 05G2b, 05H1a2,Hlb,I and 05H2a1 located between Seven Mile Road and Pembroke Avenue approximately 300 feet East of Fitzgerald Avenue in the South 1/2 of Section 5 be tabled until such time Commission has further information. Mr. Kane stated he thought petitioner's information contained in letter dated January 6, 1958 should be forwarded to Mr. Meinzinger for his agreement. Mr. Greene stated School District requests that soil not be removed from proposed school site. Mr. Crantz stated soil will not be removed and that proposed school site is shown on preliminary plat as approved by Commission. Mr. Greene states site as shown on plat is not the final site and that it maybe moved South. Upon a motion duly made by Mr. Angevine, seconded by Mr. Kane and unanimously carried, it was #1-3-58 RESOLVED that, Application TA-34 by Theordore Crantz request- ing permission to remove topsoil on Parcels 05G1a2, 05G2b, 05H1a2,Hlb,I and 05H2a1 located between Seven Mile Road and Pembroke Avenue approximately 300 feet East of Fitzgerald Avenue in the South 1/2 of Section 5 be tabled for further information. The Chairman declared the foregoing resolution adopted. • Upon a motion duly made by Mr. Kane, seconded by Mr. Greene and unanimously carried, it was #1-4-58 RESOLVED that, Public Hearing be adjourned. The Chairman declared the foregoing resolution adopted and called a recess at approximately 8:50 p.m. The Chairman called the 79th Special Meeting to order at approximately 9:06 p.m. with all present as named at the beginning and course of meeting except Mr. Leonard Kane who returned later. The secretary announced that the first item on the agenda was the proposed Country Homes Subdivision, No. 5 located on the Northeast corner of Five Mile and Newburgh Roads in the Southwest 1/4 of Section 17. The secretary read letters dated December 12, 1957 from Herald F. Hamill and dated November 19, 1957 from J. B. Folsom, Chairman of the Parks and Recreation Commission and Dave Meinzinger, Consultant. Messrs. Herald F. Hamill and Irvin Hermanoff, Secretary, Harry Slatkin Builders, Inc. , 11534 Dexter Blvd., Detroit were present. 373 1910 Mr. Harsha, Chairman of the Plat Committee stated that there are seve'al pie- shaped lots that he believed could be worked out in a different way. There are a few places where there are sharp corners (Globe and Fitzgerald). The outlot as shown on the plat is not the same shape as the area presently zoned Commercial. Did not know if the total area is greater or less than that shown on the present Zoning Map. Mr. Hamill stated he was unable to say whether proposed commercial area is larger or not and that it was the F.H.A. suggestion to shape outlot as shown because it would work out better. Mr. Hermanoff stated that at present they do not have any immediate plans for outlot. Mr. Kane returned to meeting at approximately 9:14 p.m. Mr. Harsha asked whether petitioner had control of parcel adjoining property in question. Mr. Hermanoff stated he does not but that Mr. Hamill is the Engineer for Mr. Harry Kirsh, 21141 Kipling, Oak Park who does own adjoining property and that it will be submitted for Commission's consideration shortly. Mr. Harsha informed Commission that he has been told by Mr. Hamill that the sanitary sewer will be on Five Mile Road and that they do not intend to use septic tanks. Mr. Okerstrom, Member of the Plat Committee questioned ingress and egress to service drive on Five Mile Road. Mr. Hamill stated that they have two entrances onto Five Mile Road and that one could go into the outlot also. Mr. Angevine, Member of the Plat Committee questioned parcel not included in proposed plat located on the Northeast corner of Myrna and Newburgh. Mr. Hamill stated that parcel has been retained by original owners. Mr. Robinson suggested that that portion of the outlot shown that is not presently zoned Commercial be so zoned at this time. Mr. Anderson agreed and that if it is not rezoned at this time future property owners are going to be informed that it is residential whereas it is not suited for such. Mr. Robinson asked Mr. Hermanoff whether he would be willing to petition for change of zoning accordingly. Mr. Hermanoff stated that he would. Upon a motion duly made by Mr. Harsha and seconded by Mr. Okerstrom, it was #1-5-58 RESOLVED that, pursuant to a Public Hearing having been held September 3, 1957 the City Planning Commission does hereby give approval to preliminary plat of Country Homes Subdivision, No. 5 located on the Northeast corner of Five Mile Road and Newburgh Road in the Southwest 1/4 of Section 17, 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 374 - 1911 tri C"I notice having been sent to the Building Department, Fire Department, Superintendent of Schools, Police Department, Parks and Recreation Department and Members of the Plat Committee. A roll call vote on the foregoing resolution resulted in the following: AYES: Okerstrom, Anderson, Kane, Harsha, Angevine and Robinson NAYS: None NOT VOTING: Greene The secretary announced that the next item on the agenda was Petition No. V-26 by Robert W. Day, et al asking that the alley for public utilities located in the E. G. Settle Realty Company's Bonaparte Gardens Subdivision and situated between Dover Avenue and vacated Cathedral Avenue and between Melvin and Louise Avenues in the Southeast 1/4 of Section 35 be vacated. The secretary read letter dated January 6, 1958 from L. R. Schrader, Asst. City Engineer and Dave Meinzinger, Director of Public Works. Mr. Robert W. Day was present. Mr. Okerstrom asked whether there are any garages leading into the Alley. Mr. Day stated that there are not. Mr. Harsha asked whether the Commission would be denying anyone the access to their property by closing alley as requested. Mr. Day stated that it would not. Upon a motion duly made by Mr. Kane, seconded by Mr. Greene and unanimouiy carried, it was #1-6-58 RESOLVED that, pursuant to a Public Hearing having been held December 10, 1958 on Petition No. V-26 as submitted by Robert W. Day, et al for the vacating of alley for public utilities in the Southeast 1/4 of Section 35, the City Planning Commission does hereby recommend to the City Council that Petition No. V-26 be granted subject to 18' easement for public utilities and surface drainage, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of November 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, petitioner and abutting property owners as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Kane and seconded by Mr. Angevine, it was #1-7-58 RESOLVED that, the City Planning Commission having conducted a Public Hearing December 10, 1957 in regard to Petition No. Z-247 concerning a proposed amendment to Sections 10.02, 11.02 and 14.02 of the Zoning Ordinance. Ordinance No. 60 of the City of Livonia, does herein recommend adoption of such proposed ordinance insofar as it relates to the sale of Christmas Trees and the Planning Commission further recommends that such portion of the proposed ordinance pertaining to signs not be acted upon Plf tl 1912 inasmuch as the Commission wishes to retain jurisdiction over signs in excess of thirty-five (35) square feet to be con- structed in commercial districts. Mr. Harsha stated he thought suggestion at previous meeting whereby wortng in Section 11.02 (k) would be corrected could be taken care of at this time. Mr. Pinto stated that he would see that correction is made at the time the Council adopts petition. Mr. Okerstrom asked whether there is provision whereby Christmas Tree lots would be cleaned up after sale. Mr. Pinto stated that that type of thing should be taken care of in a regulatory ordinance and that usually it isn't included in this type of ordinance. A roll Call vote on Resolution No. 1-7-58 resulted in the following: AYES: Greene, Okerstrom, Anderson, Kane, Harsha, Angevine and Robinson NAYS: None The secretary announced that the next item on the agenda was Petition M-91 by Frank and Rose Lukacs asking permission to house and to keep twelve pet Bantam Hens on Lots 55 and 56, Parkway Subdivlion at 15684 Foch Avenue situated on the East side of Foch Avenue approximately 1,375 feet North of Five Mile Road in the Southeast 1/4 of Section 13. The petitioner nor a representative was present. Mr. Kane stated he objected to fowl in any R-1 area. Mr. Angevine stated Commission should not be establishing non-conforming use in any area regardless of the type. Mr. Anderson stated he did not believe this would be non-conforming use inas- much as ordinance provides that in R-1 area fowl is allowed provided the Commission approves. Upon a motion duly made by Mr. Okerstrom and seconded by Mr. Anderson, it was RESOLVED that, Petition M-91 by Frank and Rose Lukacs request- ing permission to house and to keep twelve pet Bantam Hens on Lots 55 and 56, of the Parkway Subdivision located at 15684 Foch Avenue in the City of Livonia, be and the same is hereby granted; subject to the following conditions herein set forth in accordance with Section 5.02 (g) of Zoning Ordinance No. 60 of the City of Livonia: (1) The petitioners shall be allowed to keep pet Bantam Hens on their premises hereinabove described for a period not to exceed nine (9) months from the date of this resolution; (2) Petitioners shall not increase or add to the original twelve pet Bantam Hens now located on the premises above described, and _', 6 imme 1913 S3, (3) The Petitioners shall dispose of and remove all pet Bantam Hens or other fowl on the premises, during the nine (9) month period hereinabove set forth. Mr. Greene suggested that "during" in Item No. 3 be changed to "not later than nine months" or "before expiration of the nine month period". A roll call vote on resolution by Messrs. Okerstrom and Anderson as corrected resulted in the following: AYES: Greene, Okerstrom and Anderson NAYS: Kane, Harsha, Angevine and Robinson Upon a motion duly made by Mr. Kane and seconded by Mr. Angevine, it was #1-8-58 RESOLVED that, pursuant to a Public Hearing having been held on December 3, 1957 the City Planning Commission does hereby deny Petition M-91 by Frank and Rose Lukacs requesting permission to house and to keep twelve pet Bantam Hens on Lots 55 and 56, Parkway Subdivision at 15684 Foch Avenue situated on the East side of Foch Avenue approximately 1,375 feet North of Five Mile Road in the Southeast 1/4 of Section 13, and FURTHER RESOLVED, notice of the above hearing was sent to the property owners within 500 feet, petitioners and City Depart- ments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Kane, Harsha, Angevine and Robinson NAYS: Greene, Okerstrom and Anderson The Chair informed Commission that Mr. Samuel Peterson was unable to attend meeting tonight regarding Major Street Setback as scheduled on the agenda and that he has requested item be set aside for a future date. Upon a motion duly made by Mr. Kane, seconded by Mr. Okerstrom and unanimously carried, it was #1-9-58 RESOLVED that, minutes of meetings December 3, December 10 and December 17, 1957 be approved as presented except for such meetings member was not present he abstain from voting. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was final approval of the proposed Rosedale Gardens Subdivision, No. 17 located in the Southwest 1/4 of Section 34. Mr. Cas Hoffman was present. Mr. Robinson asked whether there have been any changes to proposed plat since approval of the City Planning Commission. Mr. Hoffman stated that no changes have been made. Upon a motion duly made by Mr. Harsha, seconded by Mr. Greene and unanimously carried, it was 97 7 1914 #1-10-58 RESOLVED that, final plat of Rosedale Gardens Subdivision, No. 17 located on the North side of Joy Road between Farmington and Hubbard Roads in the Southwest 1/4 of Section 34 be given final approval, and FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission February 5, 1957; and it further appear- ing that said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Works under dates of March 14,1957 and December 30, 1957; and it further appearing that a bond in the amount of $40,000 to cover the installation of improvements has been filed in the office of the City Clerk under date of January 7, 1958; such bond having been approved by Charles J. Pinto, Asst. City Attorney on January 7, 1958 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 and seconded by Mr. Kane, it was #1-11-58 RESOLVED that, statement dated January 2, 1958 from Albe 1[4i Munson, Planning Consultant for $116.96 be approved and forwarded to the proper department for payment. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Okerstrom, Anderson, Kane, Harsha, Angevine and Robinson NAYS: None On a motion duly made, seconded and unanimously adopted this 79th Special Meeting was duly adjourned at approximately 9:50 p.m. , January 7, 1958. R. L. Angevine, ecretary ATTESTED: William R. Robinson, Chairman