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HomeMy WebLinkAboutPLANNING MINUTES 1958-01-21 381 MINUTES OF THE 88TH REGULAR MEETING AND A PUBLIC 1917 HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On January 21 , 1958 the above meeting was held by the City Planning Commis- sion 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. Angevine Fred A. Lotz Charles Walker Wilfred Okerstrom H. Paul Harsha William R. Robinson * Dennis Anderson Leonard Kane Members absent : Robert L. Greene Charles J. Pinto, Asst . City Attorney was present together with approxi- mately 20 interested persons . The secretary announced that the first item on the agenda was Petition No . Z-246 by Paris Home Builders , Inc. asking for a change of zoning classi- fication on Parcel 18M3 located on the Northwest corner of File Mile and Newburgh Roads in the Southeast 1/4 of Section 18 be changed from AG-B to R-1-A except the Southeast corner (4001 x 340 ' ) be changed from AG-B and C-2 to C-2 . The secretary read telegram dated January 20, 1958 from David A. Goldman, Attorney for Paris Home Builders , Inc. and letter dated Janu- ary 9 , 1958 from Calvin Roberts , Chief Livonia Fire Department . Mr. Robinson informed Commission that petitioner, Mr. Jacob Menuck is pres- ent and would like to have item heard unless there are involved legal mat- ters that he would be unable to handle . Mr. Walker asked whether Commission has definite indication from the Fire Department of their position regarding the proposed fire station site as shown on the Master Plan. Mr. Robinson stated he is sure that the Fire Department has no intent of relinquishing site . Mr. Menuck stated he is not aware that there is a proposed fire station site in the area and that he has been owner of the property since May 17 , 1956 . It was ascertained that notices regarding Public Hearing on the Master Fire Station Plan were mailed May 28, 1956 • Mr. Harsha read recommendation dated January 13 , 1958 from Albe Munson, Planning Consultant . Mr. Walker stated that Commission has gone into a great deal of study and has found that desirable use of land is for R-L zoning and that petition as presented would not conform to Commission' s thinking. Zoning as requested wouldn 't conform to Neighborhood and Community Shopping area study either. Also there is a proposed fire station site in the area requested for change of zoning. Thought further consideration should be given to peti- tion prior to final action. Mr. Robinson informed those present that the petition would be taken under advisement and that a decision would be made at a later date . 1 1918 The secretary announced that the next item on the agenda was Petition No. Z-249 by Luther G. and Gladys L. Lentz asking for a change of zoning classification on Parcel 31G1d located on the North side of Ann Arbor Trail approximately 400 ' West of Ann Arbor Road in the North- east 1/4 of Section 31 be changed from R-1-B to C-2. The secretary in- formed Commission that Mr. Robert Childs , Attorney for the Petitioners has requested item be postponed until after 9 :00 P .M . inasmuch as he has another appointment . Several interested persons were present wishing to be heard regarding item at this time . The secretary read letter dated January 9 , 1958 from Calvin Roberts , Chief Livonia Fire Department . Mr. Henry Baskin, 17134 Second Avenue , Detroit representing property owner adjacent to property in question corrected statement made in Notice of Public Hearing in that no offer has been made to purchase additional property and that they have no intent to purchase any at this time. Property is zoned 0-2 (Petition No. Z-242 ) and that they propose to erect apartment buildings . Objected to petitioner 's re- quest inasmuch as it would cause the F .H.A . to deny their request for loan. At the time their petition was presented to Commission they were not sure of their intent and that to be safe requested commercial zoning . Mr. Donald Keene , 38426 Ann Arbor Trail asked parcel location from Ann Arbor Trail. It was ascertained that the Westerly side of parcel is approximately 1 ,200 feet West of Ann Arbor Trail . Mr. Keene objected to petition as presented inasmuch as his home is located on the other side and area is subdivided for single family homes . Did not think apartment building would be desirable . Mr. Robinson suggested that item be deferred until later in the even- ing in order to give petitioner' s attorney opportunity to be heard. Under a motion duly made by Mr. Walker, seconded by Mr. Angevine and unanimously carried, it was #1-14-58 RESOLVED that , Petition No. Z-249 by Luther G. and Gladys L. Lentz asking for a change of zoning in the Northeast 1/4 of Section 31 from R-1-B to 0-2 be deferred until 9 :30 P .M . , January 21 , 1958 in order to give petitioner 's attorney opportunity to be heard. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Petition No. Z-250 by Marion J. and Grace M. Franjac asking for a change of zoning classification on Parcel 1ON located on the South side of Seven Mile Road approximately 1,300 feet West of Merriman Road in the Northeast 1/4 of Section 10 to be changed from RUFB to R-2 . Mrs . Grace Franjac was present . Mr. Lotz asked number and types of buildings proposed. Mrs . Franjac stated there will be one building, one story high for a 100 bed hospital . 383 1919 Mr. Lotz asked if there would be living quarters available . Mrs . Franjac stated there will not . Mr. Lotz stated he believed petition states there will be main build- ing and other buildings . Mrs. Franjac stated the back of the property is very low and not good for anything. Later on there might be a Rehabilitation Clinic or something along the medical line . The present plans are for the hospital only . Mr. Harsha asked whether petitioner intended to fill in flood plain if petition is approved. Mrs . Franjac stated that that is not their intent and that they couldn 't fill it in because water backs up there . Mr. Okerstrom stated if petition is granted petitioners would be ab]e to erect duplexes . Mr. Walker stated there is 26 acres in question and that that is a lot of land for one building. Mrs. Franjac stated six acres would be used for the hospital and that the remainder is unuseable and divided in two by river. Mr. Lotz stated a 100 bed hospital would entail ambulances , ambulances entail sirens and sirens cause noise . This is a residential area. Mr. Art Bandelow, 31885 Seven Mile Road requested uses permitted in R-2 District . The secretary read Section 6.02 , Zoning Ordinance No.60. Mr. Bandelow asked what is to prevent petitioner from tiling river and then filing in. Mr. Robinson stated that that could be done by tiling provided it met engineering requirements of the City - it would be quite costly . Mr. Bandelow stated he objected to anything that would allow duplexes . Mr. Michael Costello , 18845 Merriman Road objected to petition as presented. Number present objecting to petition as presented - eleven. Mr. Jacob Brietmeyer, 31750 Seven Mile Road stated he purchased home because it is a single residential area and nothing else . Many uses are allowed according to Ordinance which would detract from area. Mr. Al Slack, 31715 Seven Mile Road objected to petition as presented. Mr. George Harmon, 31670 Seven Mile Road objected to rezoning and re- quested that area be kept residential. Mr. Louis Boyington, 31700 Seven Mile Road believed if petition is granted similar requests will follow not in keeping with residential area. Mr. Harmon suggested that if request is granted, it would be spot zoning. The Chair agreed that this is true . The Chair announced that item would be taken under advisement and that a decision would be made at a later date . Mkt logme 1920 Mr . Charles Pinto, Asst . City Attorney arrived at approximately CC 8:55 P .M . The secretary announced that the next item on the agenda was Petition No . Z-252 by Arnold Ranzenberger, President , Livonia Development Company asking for a change of zoning classification on Parcels 29 Kla9 , 29K1A1 and 29Klb and 29K1a4 to 29K1a9 located on the South side of Schoolcraft Road approximately 600 feet East of Newburgh Road in the Northwest 1/4 of Section 29 be changed from RUFB to P and M-1 . The secretary read letters dated January 13 , 1958 from Calvin Roberts , Chief Livonia Fire Department and dated January 8, 1958 from 18 resi- dents objecting to change of zoning. Mr. Clarence Charest , Attorney , 33636 Five Mile Road, Livonia was present . Mr. Charest informed commission that they wish rezoning of front 200 ' (from property line ) for P-l; next 100 ' for M-1 and remainder of parcel M-2. Intend to build small tool and die shop. Mr. Lotz objected to any industrial zoning closer than 300 ' of School- craft Road. Mr. Robinson concurred. Mr. Walker informed Commission that the Business and Industrial Com- mittee has scheduled a joint meeting with the City Council Thursday, January 23 , 1958 and that they will try to work something out regard- ing industrial road across City. Mr. Charest stated in his opinion the whole tenure is for business. and industrial on Schoolcraft Road. Mr. Robinson informed Mr. Charest that there is a difference between commercial and industrial. Mr. Charest stated that the front portion of property will be used for office purposes and that access will be from Newburgh Road. Mr. Lloyd Hendry , 37077 Schoolcraft Road stated when he purchased property he was assured that Schoolcraft Road was a residential street and that it would not be used for anything else . Suggested. industrial road in back of the residential district . Mr. C. Marsh, 37025 Schoolcraft Road objected to petition as pre- sented. Stated there is no business along Schoolcraft Road now and that a kennel is a permitted use in a RUF District . Mr. W. H . Bassett , 36789 Schoolcraft Road questioned existing RUF District . It was ascertained that the existing RUF area extends 402 ' from the center of Schoolcraft Road (300 ' from right-of-way) . Mr. Frank Crone , 36651 Schoolcraft Road objected to any portion of the existing RUF District being changed. Mr. Charest stated that the corner was recently rezoned for gas station purposes . The Chair announced that the item would be taken under advisement and that a decision would be made at a later date . The Chair called a recess at approximately 9 :25 P .M . The Chair called the Public Hearing to order at approximately 9 :35 P .M . with all present as named at the beginning and course of meeting . 0c, 1921 The Chairman announced that Mr. Robert Childs , Attorney for Petition No. Z-249 as submitted by Luther G. and Gladys L. Lentz asking for a change of zoning classification on Parcel 31cad located on the North side of Ann Arbor Trail approximately 400 ' west of Ann Arbor Road in the Northeast 1/4 of Section 31 be changed from R-1-B to C-2 has arrived. Mr. Childs informed Commission that since he represented petitioners of Petition No. Z-242 (Max Baskin, et al ) he has been informed that they intend to erect apartments and that under their plans if Mr. Lentz constructs stores the Baskins would be unable to secure F.H .A . loan. Stated his clients will construct apartments if that is action of adjacent property owners but if their plans are changed again he will be able to , under a commercial district , be able to build stores . Mr. Luther Lentz was present . Mr. Harsha asked why petitioner couldn 't request R-3 classification rather than C-2 . Mr. Childs stated if R-3 District allows multiple housing, he thought his client would approve change . Messrs . Lotz , Angevine and Anderson stated they would like to see petition amended accordingly. Mr. Walker stated it seems to him that petitioner wants to comply with whatever the Baskins intend to do . Asked what would happen if Com- mission rezones area to R-3 classification and Baskins decide to build commercial . Asked if that would change petitioner' s position as to what he would want to use land for. Mr. Childs stated that that is possible . Mr. Walker asked how then Commission could take any action at this time . No one was present wishing to be heard either in favor of or opposed to petition as presented. The Chair announced that item would be taken under advisement and that a decision would be made at a later date . Mr. Childs suggested that he could secure a statement from the Baskins as to their intent and also if his client would be satisfied with R-3 zoning. The Chair agreed that statements would be desirable . The Secretary announced that the next item on the agenda was Petition No. V-27 by Eugene D. and Carol L. Magee and Joseph A. and Mary Koenig asking that the 12 ' public utility easement situated on the South of Lot 38, and a portion of the South of Lot 39 , Storm and Fowler ' s Country Crest Subdivision located on the Southwest corner of Eight Mile Road and Fremont Avenue in the Northeast 1/4 of Section 2 be vacated. The secretary read letter dated January 21 , 1958 from LaVern R. Schrader , Asst . City Engineer and Dave Meinzinger, Director of Public Works . The petitioner nor a representative was present . The Chairman announced that Mr. Robert R. Cunningham representing Mr. Jack E. Menig, The Detroit Edison Company contacted office and that they had no objection to petition provided there is an easement pro- vided. 1922 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 Peti- tion M-97 by Walter T . Hall requesting permission to erect a 5 ' x 8 ' (40 square feet ) sign on steel pole 60 ' from center of road at 38001 Ann Arbor Road on Parcel 31F3 located on the Eact side of Ann Arbor Road approximately 225 feet South of Ann Arbor Trail in the Northeast 1/4 of Section 31. Mr. Walter T. Hall was present . It was established that the property line begins 60 ' from center line of road and that sign will be erected 15 " within this property . 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. Okerstrom and seconded by Mr . Kane , it was #1-15-58 RESOLVED that , pursuant to a Public Hearing having been held the City Planning Commission does hereby grant Petition M-97 by Walter T . Hall requesting permission to erect a 5 ' x 8 ' (40 square feet ) sign on steel pole 60 ' from center of road at 38001 Ann Arbor Road on Parcel 31F3 located on the East side of Ann Arbor Road approximately 225 feet South of Ann Arbor Trail in the Northeast 1/4 of Section 31, and FURTHER RESOLVED , notice of the above hearing was sent to property owners within 500 feet , petitioner and City Departments as listed in the Proof of Service . A roll call vote on the foregoing resolution resulted in the fol- lowing: AYES: Okerstrom , Lotz , Kane , Walker, Harsha, Angevine and Robinson NAYS: Anderson Upon a motion duly made by Mr. Kane , seconded by Mr. Okerstrom and unanimously carried, it was #1-16-58 RESOLVED that , Public Hearing be adjourned. The Chairman declared the foregoing resolution adopted and called the 88th Regular Meeting to order. The secretary read letter dated January 7 , 1958 from Burton Warner, Warner & Warner requesting an extension of time on the proposed Lyndon Meadows Subdivision located in the Southeast 1/4 of Section 23 . Mr. Jacob Menuck, President , Oakview Homes , Inc . was present . Upon a motion duly made by Mr. Lotz , seconded by Mr. Walker and unanimously carried, it was #1-17-58 RESOLVED that , City Planning Commission does hereby grant request dated January 7 , 1958 from Burton Warner, Warner & Warner for an extension of one year on the Proposed Lyndon Meadows Subdivision located in the Southeast 1/4 of Section 23 . The Chairman declared the foregoing resolution adopted. "SI 1923 *Mr. Dennis Anderson was excused from meeting at approximately 10: 10 P.M. The secretary announced that the next item on the agenda was the pro- posed R-L District Regulations (Petition No. Z-234) . Mr. Pinto suggested that the front yard as provided for in Section 5 .56 be increased to 40 ' inasmuch as in the proposed RU District Regulations this is the case . Mr. Harsha stated that presently front yard living is no longer the trend and that back yard living is now the trend . Did not think Com- mission needed to impose too much and would go along with 35 ' front yard requirement . Mr. Lotz concurred. Mr. Kane informed Commission that RUF District Regulations only re- quire 25 ' front yard and that that should be corrected to 40' . The Commission requested Mr. Pinto to prepare the necessary amendment . Upon a motion duly made by Mr . Lotz , seconded by Mr. Okerstrom and unanimously carried, it was #1-18-58 RESOLVED that , Petition No. Z-234a initiated by the Planning Commission on its own motion, for the pur- pose of amending the Zoning Ordinance , Ordinance No. 60 , so as to create an R-L District and provide for same by including in such ordinance Article 5 .50 , R-L District Regulations is hereby withdrawn by the City Planning Commission in order that the Commission may initiate on its own motion Petition No. Z-234a which petition shall provide for the creation of such district , but also including therein those recommenda- tions suggested by the Livonia City Council and those suggested by persons attending the Public Hearing on Petition No. Z-234. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Harsha, seconded by Mr. Kane and unani- mously carried, it was #1-19-58 RESOLVED that , the City Planning Commission, at this time and on its own motion, does hereby provide for a public hearing to be held to amend Zoning Ordinance No . 60 to add the following article , Article 5 .50, R-L District Regulations : AN ORDINANCE AMENDING ORDINANCE NO. 60 OF THE CITY ENTITLED, "AN ORDINANCE TO ESTABLISH DISTRICTS IN THE CITY OF LIVONIA; TO REGULATE 1: THE USE OF LAND AND STRUCTURES THEREIN; TO REGULATE AND LIMIT THE HEIGHT , THE AREA , THE BULK AND THE LOCATION OF BUILDINGS; TO REGU- LATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED 666 1924 FOR SPECIFIED USES; TO REGULATE AND DETERMINE THE AREA OF YARDS , COURTS AND OTHER OPEN SPACES; C7.2 TO REGULATE THE DENSITY OF POPULATION; TO PRO- VIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE; TO PROVIDE FOR A BOARD OF APPEALS , AND ITS POWERS AND DUTIES; AND TO PROVIDE A PEN- ALTY FOR THE VIOLATION OF THE TERMS THEREOF , " BY ADDING THERETO ARTICLE 5 .50 THE CITY OF LIVONIA ORDAINS: Section 1 . Ordinance No. 60 of the City of Livonia is hereby amended by adding thereto Article 5 .50 as follows : ARTICLE 5 .50 R - L District Regulations Section 5 .51 Application of Article . The regula- tions set forth in this article shall apply in all R-L Districts . Section 5 .52 Uses Permitted. In all R-L Districts no building or land, except as otherwise provided in this ordinance , shall be erected or used except for one or more of the following specified uses; (a) All uses that are permitted in R-1 Districts; provided, however, that notwithstanding any other 311 provision of this ordinance contrary hereoto or in conflict herewith, every residential lot or parcel in an R-L District shall have the minimum lot area set forth in Section 5.54 of this article . (b ) All uses permitted under Article 6.00 and Article 7.00 of this ordinance , that is R-2 and R-3 uses , are specifically excluded from and prohibited in the R-L District . Section 5 .53 Building Heights . No building here- after erected or altered in R-L Districts shall ex- ceed thirty-five (35 ) feet in height or two (2 ) stories except as provided in Sections 4.41 to 4.44, inclusive , of this ordinance . Section 5 .54 Lot Area . Every lot in R-L Districts shall have a minimum of 9 ,600 square feet area and a minimum w dth of eighty ( 80) feet at the building line and a minimum depth of 120 feet . Any lot or parcel of record at the time of adoption of this amendment which is of lesser area than the specifications herein pro- vided and which cannot meet the requirements of area, side yard , front and rear yard as provided in this article shall otherwise comply with all requirements of R-1 Districts . Section 5 .55 Percentage of Lot Coverage . One family dwellings together with accessory buildings , hereafter erected on any lot in R-L Districts shall not cover more than twenty-five (25 ) percent of the area of lot , pro- vided that this requirement shall not apply to any lot 389 1925 or parcel which at the time this ordinance becomes effective is lesser in area than the specifications herein provided if such lot or parcel was of record at the time of the adoption of this ordinance . Section 5 .56 Front Yard. Each lot in R-L Districts shall have a front yard not less than thirty-five (35 ) feet in depth. Section 5.57 Side Yards in General . All lots in R-L Districts shall have two (2 ) side yards each having a width of not less than six (6 ) feet and the combined width shall not be less than fifteen (15 ) feet . Section 5 .58 Side Yards Abutting Upon Street . Houses on corner lots shall not be constructed less than twenty-five (25) feet from the street right-of- way lines adjacent to such lots . Section 5 .59 Rear Yards . Each lot in R-L Districts shall have a rear yard of a depth of not less than thirty-five (35 ) feet . Section 5 .60 Off-Street Parking . Off-Street parking facilities shall be provided as hereinbefore specified in Article 4.00, Section 4 .37 to 4 .4.0 , inclusive , of the City of Livonia Zoning Ordinance . Section 5 .61 Exception. Notwithstanding any provi- sions of this article , uses permitted in R-U-F Districts shall be allowed and permissible in R-L Districts as to all lots and parcels of property in R-L Districts which, at the time this ordinance be- comes effective , have an area of one-half (1/2 ) acre or more as may be required for such uses under Article 8.00 of the Zoning Ordinance and an average width of not less than one-fourth (1/4) the average depth; pro- vided that such lot or parcel of land shall not be re- quired for the purpose of this section to have a width greater than one hundred (100 ) feet . Section 2 . All ordinances or parts of ordinances in conflict with are hereby repealed only to the extent necessary to give this ordinance full force and effect . Section 3 . Should any portion of this ordinance be held in- valid for any reason, such holding shall not be construed as affecting the validity of the remaining portion of this ordinance . that a hearing be called and that notice be given as provided in Section 20.01 of the Zoning Ordinance No. 60 of the City of Livonia, and that there shall be submitted a report and recom- mendation thereon to the City Countil The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the pro- posed RU district regulations amendment . There was a brief discussion regarding Section 8.O4, Zoning Ordinance 60. 90 10"4 1926 Upon a motion duly made by Mr . Kane , seconded by Mr. walker and unanimously carried, it was #1-20-58 RESOLVED that , pursuant to Section 20.01 Subsection (b ) of Zoning Ordinance No. 60 of the City of Livonia , the City Plan- ning Commission does on its own motion hereby determine that there shall be a Public Hearing to determine whether or not Article 7 .50 of the Zoning Ordinance , Ordinance No. 60 , should be amended so as to add thereto Section 7 .61 , which section reads as follows : AN ORDINANCE AMENDING ARTICLE 7 .50 OF ORDINANCE NO. 60 , AS AMENDED ENTITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA" - BY ADDING THERETO SECTION 7 . 61 THE CITY OF LIVONIA ORDAINS: Section 1 . Article 7 .50 of Ordinance No. 60, as amended, entitled "zoning Ordinance of the City of Livonia" is hereby amended by adding thereto Section 7 .61 as follows : Section 7 .61 Exception. Notwithstanding any of the provisions of this article , uses permitted in R-U-F Districts shall be allowed and permissible in R-U Districts as to all lots and parcels of property in R-U Districts which, at the time this ordinance becomes effective , have an area of one-half (1/2 ) acre or more as may be required for such uses under Article 8.00 of the Zoning Ordinance , and an average width of not less than one-fourth (1/4) the average depth; provided that , such lot and parcel of land shall not be required for the purposes of this sec- tion to have a width greater than one hundred (100) feet . Section 2 . All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect . Section 3 . 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 por- tion of this ordinance . and provided further, that all notices required by the Zon- ing Ordinance , Ordinance No . 60 , shall be given to interested parties . The Chairman declared the foregoing resolution adopted. The secretary read letter dated January 14, 1958 from William N. Ponder, City Attorney and Charles J. Pinto , Asst. City Attorney regarding the proposed Professional Services District Regulations . Mr. Lotz stated he would like to see hospitals included in proposed ordinance . Suggested hospitals be included in district provided they have the approval of the City Planning Commission. Mr. Walker stated that in his opinion if Commission includes hospitals , r91 )t 1927 proposed ordinance will be contrary to the purpose that the proposed ordinance was set up for by the City Council. Mr. Kane stated City Planning Commission would have control as to where hospitals would be located and that it is not likely that re- quest will be made for hospital on a small site next to residential development . Mr. Angevine concurred that hospitals would be self-regulating from the standpoint of the size of the parcel . Mr. Robinson asked whether Commission wished item submitted to Albe Murs on, Planning Consultant for comments prior to Public Hearing. Upon a motion duly made by Mr. Lotz , seconded by Mr. Harsha and unani- mously carried, it was #1-21-58 RESOLVED that , pursuant to Section 20.01 , Subsection (b) of Zoning Ordinance No . 60 of the City of Livonia, the City Planning Commission does on its own motion hereby determine that there shall be a Public Hearing to amend Zoning Ordinance No. 60 to add the following article , Article 9 .50 Professional Service District ; AN ORDINANCE AMENDING ORDINANCE NO. 60 OF THE CITY ENTITLED , "ZONING ORDINANCE OF THE CITY OF LIVONIA" , BY ADDING THERETO ARTICLE 9 .50 THE CITY OF LIVONIA ORDAINS: Section 1 . Ordinance No. 60 of the City en- titled, "Zoning Ordinance of the City of Livonia" is hereby amended by adding thereto Article 9 .50 as follows : ARTICLE 9 .50 P-S District Regulations Section 9 .51 Application of Article . The regula- tions set forth in this article shall apply in all P-S Districts . Section 9 .52 Uses Permitted. In all P-S Districts no building or land , except as otherwise provided in this ordinance , shall be erected or used except for one or more of the following specified uses : (a) All uses permitted in R-1 Districts . (b) Buildings when devoted to any one or more of the following professional occupations: medical offices and/or clinics; convalescent homes; dental offices and/or clinics; optometry offices; chiro- practic offices and/or clinics; attorneys offices; accounting offices; engineering and architectural offices; funeral homes , and any other professional, executive or administrative occupations; provided, however , that any occupation or use not specifically 392 1928 listed in this subsection; including hospitals , t",, shall receive the express approval of the City Planning Commission. C"'1) The above uses and any other use approved of by the City Planning Commission shall be subject to all the limitations contained elsewhere in this article . Section 9 .53 Uses Prohibited_. In all P-S Districts no building shall be erected or used, in whole or in part , for any one or more of the following uses : (a) All dwellings , buildings and uses of every kind, except such dwellings , buildings , and uses that are expressly permitted in an R-1 District . (b) The outdoor display of any actual product for sale . ( c ) The outdoor storage of goods or materials irrespective of whether or not they are for sale . (d) Warehouses or the indoor storage of goods and materials beyond that normally incidental to the above permitted occupations . Section 9 .54 Building Height . No building hereafter erected or altered in P-S Districts shall exceed thirty- five (35 ) feet in height or two (2 ) stories) Section 9 .55 Percentage of Lot Coverage . There shall be no limitation as to maximum lot occupancy , except as such might be controlled by off-street parking requirements as contained in Sections 4.37 to 4.40, inclusive , of this ordin- ance , and front side and rear yard requirements set forth in this article. Section 9 .56 Minimum Building Setback Requirements . (a) Hereafter no building in a P-S District shall be constructed less than twenty-five (25 ) feet from the front line of the lot or parcel on which such building is being constructed. (b) There shall be no minimum side yard requirements in P-S Districts , except in those cases where such District borders on a residential district , in which case there shall be a minimum side yard of not less than fifteen (15 ) feet . Section 9 .57 Rear Yards . Each lot in a P-S District shall have a rear yard of a depth of not less than fifteen (15 ) feet . Section 9 .58 Off-Street Parking Facilities . Off- Street parking facilities shall be provided as hereinbefore specified in Sections 4.37 to 4.40 , inclusive , of this ordinance . Section 2 . All ordinances or parts of ordinances in conflict P.,06 e,,c 1929 herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect . Section 3 . Should any portion of this or?ti nance be held invalid for any reason, such holding shall not be con- strued as affecting the validity of the remaining portion of this ordinance . that a hearing be called and that notice be given as pro- vided in Section 20.01 of the Zoning Ordinance , Ordinance No. 60 of the City of Livonia , and that there shall be submitted a report and recommendation thereon to the City Council . The Chairman declared the foregoing resolution adopted. The Chair informed Commissioners that he has been informed that the off-street parking committee is not precared to make report regarding Section 4.39 , Zoning Ordinance No . 60 and that such report will be expected at the next regular meeting , February 18, 1958. Mr. Robinson stated that the proposed Sunset Hills Subdivision, No.2 located in the Southeast 1/4 of Section 11 was forwarded to the Plat Committee to determine whether or not the proposed subdivision will fit into the proposed zoning and existing zoning. Mr. Harsha, Chairman of the Plat Committee stated that the lots are of proper size for R-1 District . The only question he had was the set back on the lots at the Southern end of subdivision. Questioned street name Bennett as shown on plat in that it does not align with the existing Bennett in the City. Mr. Angevine stated he believes there is an existing Ravine Street in the Southwest section of the City. Mr. Harsha stated he is of the opinion Proposed subdivision will fit in with the existing zoning in the Sunset Hills Subdivision. Mr. Robinson informed Commission that subdivision will be presented to Commission at the same time as the request for change of zoning , February 18, 1958. The secretary read letter dated January 9 , 1958 addressed to the Bureau of Inspection from Gulf Oil Corporation regarding Petition M-70. Upon a motion duly made by Mr. Kane , seconded by Mr. Lotz and unani- mously carried, it was #1-22-58 RESOLVED that , Planning Commission No. 9 .255-57 , wherein the Commission granted Petition M-70 of R. M . Dilworth, Gulf Oil Corporation, to erect a service station on a Portion of Parcel 13Bial on the Southeast corner of Six Mile Road and Middle- belt Road, is hereby rescinded and the approval granted therein withdrawn, the Commission having been notified by the petitioner that he has not secured sufficient interest in said property to warrant such approval . 1930 The Chairman declared the foregoing resolution adopted. The secretary read letter dated January 14, 1958 from the Department of Law regarding Approval of Topsoil Applications . The Chairman informed Commissioners that letter would be placed on file . The Chairman informed Commissioners that the minutes of meeting January 14 , 1958 should be corrected as follows : 1 ) Mr. Donald Deremo , Attorney was present at the time petition No . Z-241 was presented. 2 ) Resolution No . 1-12-58 should be corrected to read " denied for reasons as outlined in Albe Munson' s recommendation dated November 29 , 1957 • " Upon a motion duly made by Mr. Kane , seconded by Mr. Lotz 'and unan- imously carried, it was #1-23-58 RESOLVED that , minutes of meetings January 7 , 1958 and January 14 , 1958 be approved as corrected ex- cept that for such meetings member was not present he abstain from voting. The Chairman declared the foregoing resolution adopted. Mr. Walker referred to Subsection (c ) , Section 8.01 , Zoning Ordi- nance No. 60 and stated that if Commission developes RUF zoning along Schoolcraft Road that abuts M-1 zoning , owner would be able to use RUF area for parking without coming before Commission. Suggested subsection be removed from Ordinance . Mr. Lotz suggested adding " . . .with approval of the City Planning Commission. . . " instead of removing section entirely . Mr. Walker stated that approval of the City Planning Commission as suggested by Mr. Lotz would do the same thing as he suggests , but he would have to object because as a member of the Business and Industrial Committee he was asked to have subsection removed. The following poll was conducted regarding Subsection (c ) , Sec- tion 8.01 , Zoning Ordinance , No. 60. insert - " . . .on approval of the City Planning Com- mission" (Messrs .Lotz , Kane , Harsha, Angevine and Robinson) Delete section - (Messrs , Walker and Okerstrom) The Chair instructed the Asst . City Attorney to prepare necessary amendment to Zoning Ordinance. Upon a motion duly made by Mr. Kane and seconded by Mr. Lotz , it was #1-24-58 RESOLVED that , the City Planning Commission having considered the request of residents of the Merriman- ff5 1931 Six Improvement Association and other citizens of the City of Livonia and having reviewed the street plan of the subdivision named hereafter does hereby recommend to the City Council that Pershing Avenue in the Livonia Meadows Subdivision from Deering Avenue to the presently named Bennett Avenue be changed in name to Bennett Avenue and the Planning Commission further recommends that the Vargo Avenue and that portion of Bobrich Avenue and Bennett Avenue extending through such subdivision be changed in name to Dolores Drive in order to provide a more consistent and convenient scheme of designation for streets in the Livonia Meadows Subdivision located in the Southeast 1/4 of Section 12 . A roll call vote on the foregoing resolution resulted in the following: AYES: Okerstrom, Lotz , Kane , Harsha and Robinson NAYS: Angevine NOT VOTING: Walker Upon a motion duly made by Mr. Walker and seconded by Mr. Okerstrom, it was #1-25-58 RESOLVED that , pursuant to Section 20.01, Subsection (b) of Zoning Ordinance No. 60 of the City of Livonia, the City Planning Commission does hereby provide for a Public Hearing to be held to rezone the following described parcel of land: A parcel of land located in the Southwest 1/4 of Section 16 , City of Livonia, Wayne County , Michigan and being more particu- larly described as : The east 100 feet of the West 320 feet of the South 200 feet of the East 1/2 of the Southwest 1/4 of Section 16 , T . 1 S . , R. 9 E. , City of Livonia, Wayne County, Michigan. Portion of Item 1612 from R-3 to AG-B and provided further that notice of such hearing be mailed to the owners of this parcel by registered mail return receipt . A roll call vote on the foregoing resolution resulted in the following : AYES: Lotz , Walker, Kane , Okerstrom , Angevine and Robinson. NAYS: Harsha Upon a motion duly made by Mr. Lotz , and seconded by Mr. Kane , it was #1-26-58 RESOLVED that , pursuant to Section 20.01 , Subsection (b) of Zoning Ordinance No. 60 of the City of Livonia, the City Planning Commission does on its own motion hereby determine that there shall be a Public Hearing to de- termine whether or not Subsection (c ) of Section 8.02 and Section 8.06 of Article 8.00 of the Zoning Ordinance, Ordinance No. 60, should be amended, which sections reads as follows : 1932 s AN ORDINANCE A'ZENDING SUBSECTION (c ) OF SECTION 8.02 AND SECTION 8.06 OF ARTICLE 8.00 OF ORDINANCE NO. 60 , AS AMENDED , ENTITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA" THE CITY OF LIVONIA ORDAINS: Section 1. Subsection ( c ) of Section 8.02 , and Section 8.06 of Article 8.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia" are hereby amended to read as follows : Section 8.02 Uses Permitted. In all R-U-F Districts no building or land, except as other- wise provided in this ordinance , shall be erected or used except for one or more of the following specified uses : (a) All uses permitted in R-1 Districts . (b) Nurseries , greenhouses and truck gardens . ( c ) Off-street parking facilities when such land is owned by an industry and lies be- tween zoned industrial property and a high- way upon the approval of the City Planning Commission; provided, however, that in all such cases a greenbelt screen planting strip not less than twenty (20) feet wide is created and maintained adjacent to residential uses . (d) On one-half (1/2 ) acre or more , fowl and rab- bits may be raised and kept for owner ' s con- sumption only; on one (1 ) acre or more , two (2 ) horses may be kept for owner 's use only; and on two (2 ) acres or more , two (2 ) horses and one (1 ) cow or three (3 ) horses may be kept for owner ' s use only; dog kennels may be operated, and fowl and rabbits may be raised for sale; provided, however that such animals and fowl are properly housed, main- tained and fenced so as not to become a nuisance or detrimental to public health, safety or welfare . ( e ) One (1) non-illuminating sign not greater than nine (9 ) square feet in area pertain- ing to the sale or lease of the premises or advertising the sale of the produce , raised thereof , shall be permitted on a lot ; not more than one (1) non-illuminating tres- passing , safety or caution sign, not over two (2 ) square feet in area , on any one lot . (f ) Accessory buildings or structures and uses customarily incidental to any of the above uses when located on the same property , but not more than one (1) temporary building for the sale of the produce , or any of the above uses , which shall be located not less than twenty-five (25 ) feet from the street or highway right-of-way line , and further that an open space for parking, twenty-five (25 ) feet off the street or highway right-of- 917 1933 way , be provided for patrons of the market . Section 8.06 Front Yards . Each lot in R-U-F Districts shall have a front yard of not less than forty (4.0 ) feet in depth. Section 2 . All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect . Section 3. If any part of parts of this ordinance are for any reason held to be invalid, such holding shall not affect the validity of the remaining portion of this ordinance . that a hearing be held and that notice be given as provided in Section 20.01 of the Zoning Ordinance , Ordinance No. 60 of the City of Livonia, and that there shall be submitted a report and recommendation thereon to the City Council. A roll call vote on the foregoing resolution resulted in the following: AYES: Lotz , Kane , Harsha, Angevine and Robinson NAYS: Okerstrom and Walker On a motion duly made by Mr. Angevine , seconded by Mr. Kane and unan- imously adopted this 88th Regular Meeting was duly adjourned at ap- proximately 11 :30 P .M . , January 21 , 1958. Ro'21--;-/(?f,r ert L. Angevin ecretary ATTESTED: William R. Robinson, Chairman