HomeMy WebLinkAboutPLANNING MINUTES 1958-02-04 399
1934
MINUTES OF THE 81ST SPECIAL MEETING AND A PUBLIC
HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA
On February 4, 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
Special Meeting to order at approximately 8:12 P.M .
Members present : Dennis Anderson Wilfred Okerstrom Fred A. Lotz
Robert Angevine Charles Walker Leonard Kane
William R. Robinson H. Paul Harsha
Members absent : Robert L. Greene
Mr. Charles Pinto , Assistant City Attorney was also present at this
meeting with approximately twenty-five interested persons .
The secretary announced that the first item on the agenda was Petition
M-101 by William J. Horse and Garland B . Borden requesting permission
to build and operate an "A & W Root Beer" Drive-In Restaurant , located
on the West side of Middlebelt approximately 350 feet North of Six
Mile Road in the Southeast 1/4 of Section 11 and which parcel is iden-
tified on Page 44 of the Wayne County Bureau of Taxation Records as
Parcel #11MM20 bl . Mr. William J. Horse and Mr. Garland B. Borden
were present .
The plot plan was presented and passed to members of Commission.
Mr. Okerstrom asked what sanitary facilities would be provided for
this drive-in.
Mr. Horse explained that the first plan for the sewage did not have
enough drainage and the second plan and permit had not come back as yet .
Mr. Walker asked would drive-in include any type of food.
Mr. Horse said that only hot dogs , pop corn, soft drinks and ice cream
would be served.
Mr. Lotz asked what was the width of Middlebelt Road at that point ,
felt that building would be too close to road.
Mr. Robinson stated it was permissible to put building on lot line ,
the plot shown was legal .
Mr. Stypula , 17175 Middlebelt stated that his neighbors had gotten
together and they all thought that this drive-in would become a
nuisance to the residents nearby and cause a disturbance. Also
asked what sort of separation between building and residential section.
Mr. Robinson stated that they were required to have a greenbelt .
Nine persons present objected to the drive-in.
Mr. Colvin, 17311 Middlebelt , stated that from past experience with
a Drive-in located south of Six Mile and Middlebelt there has been
a lot of trouble. The police have been called several times . Feels
4 0
1935
they do not want this around the north side of Six Mile and Middle-
belt . Asked what parking facilities would there be.
Mr . Robinson stated that parking will be provided according to
zoning regulations .
Mrs . Priebe , 17403 Middlebelt , asked when this property was zoned
for commercial use and why weren 't the surrounding residents notified.
Mr. Robinson explained that the notice of any change is published in
the official newspaper of the City , fifteen days prior to the hearing
date .
Mr. Harsha also stated that in 1945 that corner was zoned C-2 and
still is.
Mr. Stypula stated he understood that this property was zoned resi-
dential - and protests to the commercial zoning .
Mr. Kane pointed out that these people were living in a C-2 section.
Mr. Borden, petitioner, stated they realized the concern of the
people present and that is why they have taken precautions that this
place will be strictly a business and not cater to teenagers . Police
will be on guard so that this type of thing will not happen. There
will be no noise of any kind, no juke boxes . The light will be such
that it will not shine in the houses on either side of the drive-in
and they will be open reasonable hours , 11:00 A.M. to 11:00 P.M. x>
They aim to run a business that will be permissible . It will be
landscaped and want only a certain class of people . Keep it attrac-
tive to the general public and will keep it operating so that people
will keep on coming to it . Feel it will add to the community and
not be a nuisance .
Mr. Okerstrom stated that cars in the parking area would be flashing
lights right in the residential section. Feels that this is not
desirable .
Mr. Borden replied that they thought the landscaping and trees would
take care of any lights .
Mr. Kane asked how many months out of year would drive-in be open.
Mr. Borden answered approximately six months in the summer time
only. It was strictly a seasonal business - May to October.
Mr. Robinson asked Commission if item should be taken under advise-
ment .
Mr. Colvin then asked what is the area of this particular plot and
Mr. Borden answered 124 ' on Middlebelt by 150 ' deep.
The Chair will rule that this matter will be taken under advisement .
The Commission will consider this and will vote on it at a later date.
Persons may call City Planning Commission to find out when it will
appear on the Agenda.
401
1936
The secretary announced that the next item on the Agenda was Petition
M-98 by Rev . Edwin Wyman, Bethany Baptist Church requesting permission
to build an educational unit , Sunday School unit and Sanctuary in
three (3 ) units , located on Lots 3 to 9 inclusive , Orr Subdivision and
situated on the Southeast corner of Five Mile Road and Fairlane Road
in the Northwest 1/4 of Section 21.
Mr. Angevine read letter from Fire Department dated January 31 , 1958.
Rev. Edwin Wyman was present with Mr. E. Kamp , Architect , 25015
Plymouth Rd. , Detroit and Mr. McGuirl , 8854 Denning, Livonia .
Mr. Robinson asked if there was any other information that would be
necessary to present this petition.
The plot plan was looked over by the members of the Commission.
Mr. Robinson asked if there were any questions or comments .
Mr . Anderson asked if the exit is too close to Five Mile and if so has
it been taken up with the Traffic Commission. Mr. Kemp stated it was
not too close .
Mr. Okerstrom asked if there were sewage facilities available .
Mr. Kamp stated they may have to install a septic tank.
Mr. Robinson asked if there were any people present who wish to comment .
Mr. Shannon, 34465 Five Mile Road stated he lived immediately to the
east of said property and felt if property is graded for the Church
there will be too much water on his property. Does not feel septic
tank will work in this area.
Mr . Robinson said before they will allow a septic tank it will have
to be taken up with the Wayne County Health Department and approved
by that body .
Mr. Robinson then asked if- there were any other questions from audience
and from Commission .
Mr. Walker asked how soon would project be built and Rev . Wyman
answered by the first of March.
Mr. Robinson asked if there was a solution to the water problem .
Mr . Kamp answered that no extensive grading would be taken up at pres-
ent and that they would try to connect with the main sewer if at all
possible .
Mr. Lotz asked when they would like to build and Rev . Wyman answered
in March.
Mr. Lotz also maintained that the sewage was still a problem and until
the percolation test from the County came back, this should be tabled
until we find what it is .
Rev. Wyman felt that they would have to go across the Five Mile Road
to get to the sewer to connect with it .
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1937
Mr . Harsna stated it seemed to him that the issue was whether we are
going to permit them to build on property , not the drainage . What
we are deciding is whether this property is satisfactory for a church.
No other comments were made.
Upon a motion duly made by Mr. Walker, seconded by Mr. Angevine and
unanimously carried, it was
#2-27-58 RESOLVED that , pursuant to a Public Hearing having been
held the City Planning Commission does hereby grant Peti-
tion M-98 by Rev. Edwin Wyman, Bethany Baptist Church re-
questing permission to build an educational unit , Sunday
School unit and Sanctuary in three (3 ) units , located on
Lots 3 to 9 inclusive , Orr Subdivision and situated on the
Southeast corner of Five Mile Road and Fairlane Road in
the Northwest 1/4 of Section 21 , subject to the recommenda-
tions of the Fire Department .
FURTHER RESOLVED, notice of the above hearing was sent to
property owners within 500 feet , petitioners and City
Departments as listed in the Proof of Service .
The Chair declared the motion is carried and the Petition is granted.
On a motion duly made by Mr. Okerstrom and seconded by Mr. Kane the
Public Hearing was adjourned at approximately 9 :00 P.M .
Chairman William R. Robinson called the 81st Special Meeting to
order at approximately 9 :02 P.M . with all present who were present.
at the Public Hearing.
The secretary announced the next item on the agenda was letter from
Mayor Brashear dated January 21 , 1958. Letter was read and put on
file .
The secretary announced the next item was letter dated January 30 ,
1958 from Marie W. Clark, City Clerk regarding City Council resolu-
tion #61-58 regarding Major Street Setback.
Mr. Angevine next read letter dated January 20 , 1958 from Mayor
Brashear and Proposal #3 from Charles Pinto explaining setback of
75 feet and. 40 feet .
There were no further questions or discussion.
The Chairman stated a motion was in order to set a date for a Public
Hearing on our own motion.
Upon a motion duly made by Mr. Kane and seconded by Mr. Walker and
unanimously carried, it was
#2-28-58 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
11
No . 60 as follows :
AN ORDINANCE AMENDING SECTION 4. 27 OF ARTICLE 4.00 OF _
ORDINANCE NO. 60 AS AMENDED ENTITLED "ZONING ORDINANCE
OF THE CITY OF LIVONIA" .
403
1938
WHEREAS , Schoolcraft Road is the only major thoroughfare
of a boulevard character extending through the City of
Livonia and
WHEREAS , Schoolcraft Road divides a heavy industrial district
from adjoining residential districts and in recent years has come to
be used by an excessive number of automobiles and large industrial
vehicles traveling to and from the City of Livonia as well as through
the city; and
WHEREAS , in the judgment of the City Council of the City of
Livonia it is to the best interest of the city and its citizens that
front yard requirements be established for parcels adjacent to and
abutting such boulevard.
THE CITY OF LIVONIA ORDAINS:
Section 1 . In order that neighboring property owners shall not
be deprived of their rightful enjoyment of light and air by the un-
due proximity of buildings to lot lines and to one another, and in
order that the view of the street shall not be obstructed or that
the privacy and peace of residents shall not be destroyed by too
great a proximity to a major street and boulevard heavily traveled
by an excessive number of automobiles and many and varied large in-
dustrial vehicles , and in order generally to preserve a degree of
openness around buildings appropriate to the dominant residential
character existing on Schoolcraft Road and in order to maintain a
uniform setback consistent with that presently existing , Section
4.27 of Ordinance No . 60 , as amended of the City of Livonia entitled,
"Zoning Ordinance of the City of Livonia" , is hereby amended to read
as follows :
Section 4.27 Yards : Front Yard Exceptions . When buildings
have been constructed on the majority of lots in a block at the time
of the adoption of this ordinance , no building hereafter erected or
altered shall project beyond the minimum building line thus estab-
lished, provided that no building shall be required by this ordinance
to set back more than forty (40) feet , and provided further that not-
withstanding anything in this section or in the Zoning Ordinance ,
Ordinance No . 60 , to the contrary , where a residentially zoned lot
or parcel is adjacent to or abuts on Schoolcraft Road in the City of
Livonia , no building shall be erected , moved, enlarged or otherwise
established on such lot or parcel closer than seventy-five (75 ) feet
to the lot line abutting the major street , except that in cases where
special hardships or inequities due to special conditions can be shown
to exist , this setback provision may be adjusted by the City Planning
Commission after a public hearing with notice of such hearing as pro-
vided for in Section 17 .03 of this ordinance .
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 in-
valid for any reason, such holding shall not be construed as affecting
the validity of the remaining portion of this ordinance ,
and provided further that all notices required by the Zoning Ordinance ,
Ordinance No. 60 shall be given to interested parties .
404
3
The Chairman announced the foregoing resolution adopted.
C)
The Secretary announced that the next item on Agenda was the approval
of the final plat of the proposed Ann Arbor Trails Subdivision No .2
located on the West side of Hix Road between Ann Arbor Trail and
Ann Arbor Road in the Northwest 1/4 of Section 31 .
Letter was read by Mr. Angevine regarding Surety Bond issued Janu-
ary 15 , 1958 from Marie W. Clark, City Clerk.
Mr. Schreible , Ann Arbor Trails Subdivision could not be present .
There were no changes in the canvas back plat which was presented
to the Commission members .
No further questions on the final plat .
Upon a motion duly made by Mr. Kane and supported by Mr . Walker , it was
#2-29-58 RESOLVED that , final plat of Ann Arbor Trails Subdivision No .
2 located on the West side of Hix Road between Ann Arbor
Trail and Ann Arbor Road in the Northwest 1/4 of Section
31 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 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 Dept . of Public Works under
date of August 12 , 1957; and it further appearing that
a bond in the amount of $124,000 .00 to cover the in-
stallation of improvements has been filed in the office
of the City Clerk under date of January 15 , 1958, such
bond having been approved by Charles J. Pinto , Assistant
City Attorney under date of February 3 , 1958, pursuant
to Council Resolution # 627-57 adopted August 19 , 1957 ,
it would appear that all the conditions necessary to
the release of building permits have been met and the
Building Department is hereby so notified.
A roll call vote on the foregoing resolution resulted in the follow-
ing :
AYES: Okerstrom , Harsha , Walker, Kane , Robinson
NAYS : None
NOT VOTING: Anderson, Lotz , Angevine
The Secretary announced the next item was Koloff ' s Greenbriar Meadows
Subdivision asking for extension of time located on the south side
of Five Mile Road approximately 1,300 feet West of Ashurst Road in
the Northwest 1/4 of Section 21 .
The Secretary read letter dated February 3 , 1958 from Henry Koloff
of Koloff ' s Greenbriar Meadows Subdivision asking for extension of
time and approval of slight change . Mr. Koloff was present .
Mr. Robinson stated that Mr. Koloff should request an approval of
the amended plat .
Mr . Lotz wanted to know if there had been any _previous extensions
given on this plat .
1940
Mr. Robinson answered that no extension had been given on original ,
approval had been given and then an amendment made which prolonged
the time.
Mr. Koloff stated that the Subdivision has not been changed except in
regard to letter. The change was made when it was found that a por-
tion on the south side of Five Mile Road and west to subdivision had
been zoned R-3 . They had planned to put a high class type of small
rental units (about 40) set back and surrounded by trees with their
own parking area.
Mr . Robinson asked what did they intend to do with the property in
front if this rezoning is not approved.
Mr. Koloff answered they would put in a service road separating Five
Mile Road from this portion by a Boulevard and face the lots to that
and plant it individually .
Mr. Robinson asked if there were any further questions from the Com-
mission on the proposed change .
Mr. Koloff stated if it is not zoned R-3 it would be alright to have
the plat as approved.
Mr. Robinson suggested that he request an extension on the original
plat and also he hold up his request on this revised plat until after
the rezoning has been acted upon.
Mr. Harsha felt the Commission was not in the Position to act upon
this revised plat because we had not had an opportunity to check
it over.
Mr. Koloff stated it did not change from the original.
Mr. Robinson stated that Mr. Koloff had agreed at the time of the
original approval to establish a temporary egress and ingress on
Five Mile Road to be maintained until abutting property is developed.
Mr. Koloff stated that if there is any discrepancy between this and
the original accepted plat that the original plat would take prece-
dence.
rece-
dence.
Mr. Harsha stated he would make a motion to approve if Mr. Pinto
agreed.
Mr. Harsha made a motion to approve plat subject to the conditions
Mr. Koloff stated and Mr . Kane seconded the motion, and unanimously
carried, it was
#2-30-58 RESOLVED that , the City Planning Commission does hereby
approve the amended plat , dated December 1957 of the
tentative plan of the proposed Koloff ' s Greenbriar
Meadows Subdivision located on the South side of Five
Mile Road approximately 1 ,300 feet West of Ashurst
Road in the Northwest 1/4 of Section 21 and
FURTHER RESOLVED, that if there is any discrepancy
between this and the original accepted plat that the
original plat would take precedence.
406
1941
Upon a motion made by Mr. Okerstrom and seconded by Mr. Kane and
unanimously adopted this 81st Special Meeting was duly adjourned
at approximately 10:15 P .M. February 4 , 1958.
The Chair called the 81st Special Meeting again to order and meet-
ing was reopened to discuss Mr. Albe Munson' s statement .
No objections to deleting this adjournment .
Mr. Harsha made a motion that Mr. Munson ' s statements be paid,
supported by Mr. Lotz , it was
#2-31-58 RESOLVED that statements from Mr. Albe Munson,
Planning Consultant dated February 1 , 1958 in the
amount of $371. 24 be approved and forwarded to the
proper department for payment .
A roll call on the foregoing resolution resulted in the following:
AYES : Anderson, Okerstrom , Harsha , Kane , Lotz ,
Angevine and Robinson
NAYS : None
Mr. Walker did not vote having left at the first adjournment of
this meeting.
On a motion duly made by Mr. Kane and seconded by Mr. Okerstrom
and unanimously adopted this 81st Special Meeting was again ad- .
j ourned at approximately 10 :35 P.M . February 4 , 1958.
. L. Angevi , Secretary
ATTESTED:
William R. Robinson, Chairman