HomeMy WebLinkAboutPLANNING MINUTES 1958-02-18 407
1942
MINUTES OF THE 89TH REGULAR MEETING AND A PUBLIC
HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA
On February 18, 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 8:10 P.M .
Members present : Robert L. Angevine H. Paul Harsha Charles Walker
Wilfred Okerstrom William Robinson Leonard Kane
Robert Greene
Members absent : Dennis Anderson
Fred A. Lotz
Charles J. Pinto , Asst . City Attorney and Bob Perry of the Fire Depart-
ment was present together with approximately 52 interested persons .
The secretary announced that the first item on the agenda was Petition
No. Z-261 by the City Planning Commission on its own motion asking for
a change of zoning classification on a parcel of land located on the
North side of Five Mile Road approximately 1000 feet West of Ashurst
Road and situated in the SW 1/4 of Section 16 be changed from R-3 to
AGB. The secretary read Mr. Munson' s recommendations dated February
14 , 1958. Mr. Clarence Charest was present and asked if this property
was the Roperti property which was recently changed from AGB to R-3 ,
and if so he objected to this present zoning. Felt that R-3 use of
this property would not be undesirable to this area. At the previous
hearing owners of surrounding property did not object to the R-3
change . Also it was theirfeeling that multiple dwellings of the
type they intend to build were more desirable than the present and
that it should not be rezoned.
Mr. Robinson asked if there were any persons present for or against
the petition and Mr. Donald Winters of the. Coventry Gardens Improve-
ment Association stated that their objections were covered by Mr.
Munson 's recommendations and felt that multiple dwellings will not add
to this area. Stated that other area in this city would be more suit-
able for these kind of dwellings than this area; we have approximately
18 people present from the Coventry Gardens who object strongly to the
present R-3 zoning .
Mr. Clark, 15951 Stanford stated that he felt that most residents in
the Coventry Gardens Subdivision are strongly against this zoning.
Mr. Green asked those present if there was any objections to the
turkey farm in that location.
Mr. Clark answered there was none as far as he knew - that children
in the area were very amused with this farm and that the residents did
not object to it at all.
Mr. Robinson asked if there were any other objections and stated that
the Commission would take this item under further advisement , informed
the petitioner that he could call the Commission on any Friday before
a Tuesday meeting at which time the Agenda is ready.
The Secretary announced the next item on the Agenda was Z-254 by
Henry Koloff asking for a change of zoning classification on parcel
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of land located on the South side of Five Mile Road, 650 feet West
of Fairland Road and situated in the N.W. 1/4 of Section 21 be
changed from R-1A to R-3 .
:1 Mr . Koloff was present and stated that his zoning request hinged a
great deal on the surrounding property - if the property on the west
is R-3 , of necessity his property would have to be R-3 to correspond
with the surrounding area. If the other property was objected to ,
his would not be correct either. Stated they had planned a terrace
type with a buffer and that 3/4 of land would be landscaped, a park
and playground planned for the children and a parking area hidden by
the buildings . Feels that it would be a favorable zoning.
Mr. Holly , 14.820 Farmington objected to the change because of the
schools and also the drainage problem. Felt that even a terrace type
apartment would be too much for the drains and increase the flood
danger also that the more R-3 apartments are allowed the bigger the
problem of schools .
Mr. Robinson mentioned that the schools had not objected to this zoning .
Since there were no other comments from the Commission or the audience
the Chair announced that this item would be taken under further advise-
ment .
The secretary announced the next item on the agenda was Petition No.
Z-251 by Richard Bleznak ( Sunset Hills No. 2 ) asking for a change of
zoning classification on Parcels 11-LL3 , 11-LL11 , 11-LL6 and 11-LL7
located on the West side of Mid.dlebelt Road approximately 1700 feet
North of Six Mile Road and situated in S.E. 1/4 of Section 11 be
changed from RUFB to R-l.
Mr. Kane asked if the R-1 was correct as stated in petition. Mr.
Bleznak requested permission to make a verbal amendment from R-1 to
R-1A. A motion made by Mr. Kane , seconded by Mr. Angevine and unani-
mously carried, it was
#2-32-58 RESOLVED that , permission be granted to verbally amend
Petition Z-251 by Richard Bleznak to read R-1A instead
of R-1.
The chairman announced that the motion is carried and request to
verbally amend the petition is granted.
Mr. William Burgel , 17555 Middlebelt asked the Commission if the re-
zoning is approved and then the plat is disapproved would the sub-
division go back to the present zoning. Mr. Kargetta, 21803/Farming-
ton requested the same information. Albion,
Mr. Robinson answered that if plat is disapproved and the Commission
had granted the rezoning, it would not refer back to the present
zoning , but that Mr. Kargetta could petition to change it back.
Mr. Pinto agreed and stated if for some reason the plat is not
approved the zoning would not go back to its present classification
but that the Planning Commission could change it back to the present
under the same procedure as this petition is going through.
Mr. Robinson stated that they would not recommend this change in
zoning solely for the particular kind of building the developer had
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1944
planned but that the Commission is thinking of the whole future and will
not recommend it to be rezoned unless it is believed that this would be
recommendable to the surrounding area.
Mr. Kargetta asked if the tax evaluation would be increased if this area
is rezoned.
Mr. Pinto stated that the actual rezoning of the property will not effect
the tax assessment but that the platting ( splitting of lots ) would. Also
stated that Mr. Kargetta could petition to have it rezoned back to the
original zoning if the plat is disapproved.
*Mr. Walker arrived at the mating at approximately 8:30 P.M. and asked
what was going to happen to the outlot in regard to the flood range and
Mr. Bleznak answered that they were going to deed this portion to City.
The Chair announced that if there were no other questions this item would
be taken under further advisement .
Mr. Winner of the Coventry Gardens Civic Association stated they did not
realize that this item was on the Agenda until now and objected to this
item as well as Item #1 .
The secretary announced the next item on the agenda was the preliminary
plat of Sunset Hills No. 2 located on the West side of Middlebelt approx-
imately 1700 feet North of Six Mile and situated in the S .E. 1/4 of Section
11 asking for approval of the proposed plat . Mr. Spaulding, Engineer,
was present along with Mr. Bleznak.
Mr . Angevine read letter dated February 14 , 1958 from Donald Wilson,
Inspection Department , letter from Benton Yates , School Superintendent
dated February 14 , 1958 and letter from Fire Department dated Feb .13 ,1958.
Mr. Spaulding asked if information requested by School Board was available
to them and he was informed the Engineering Department would take care
of this.
Mr. Angevine read the letter dated February 15 , 1958 from Hartman & Tyner,
Inc . , in which they objected to the name , Sunset Hills No. 2 being used
for this subdivision as it resembled their registered name of Sunset Hills
Subdivision. Mr. Robinson asked if the similarity made any difference
and Mr. Pinto answered that if the present petitioner, Mr. Bleznak, did
not want to change his name it would be up to the subdivider to go into
it further.
Mr. Bleznak stated that they had no objection to having the name changed
although they were not prepared to change it at the present time . Felt
that if a change were made the proper time would be when the plat is
recorded.
Mr. Bleznak also stated they had no objection to changing name prior to
the approval of the plat .
Mr. Walker suggested the Plat Committee make their report .
Mr. Harsha stated that Lot 245 was undersize and that it should be taken
care of - also that the set back on Lots 265 and 266 should be further
back to give houses on the south a little more room. Also the Street
Bennett goes further west than what it shows on the plat . Feels some
other name would have to be picked to conform with the other streets .
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There were no other comments from the Plat Committee and the secretary "`
next read the recommendations from Mr. Munson.
Mr. Spaulding stated the outlot would be deeded to the City to be in-
cluded in their drainage area and to maintain the flood control.
Mr. Bleznak showed the model of one of the tri-level homes for this
subdivision to the members of the Committee and the audience; this
particular model with carport would be built by the ravine.
Mr. Walker asked if this was the type of home along this flood area
or throughout the subdivision, and Mr. Bleznak said that there would
be two types of tri-level and two types of ranch type homes in the
subdivision.
Mr. Walker then asked if the size of the lots were large enough for
these types of homes and Mr. Harsha assured him they were .
Mr. Okerstrom asked about the attached garages and set back as men-
tioned in Mr. Munson' s report and Mr. Bleznak stated that these items
would be taken care of .
Mr. Greene asked about the streets leading to Middlebelt as stated in
Mr. Munson' s report and Mr. Harsha answered that there was property
between this subdivision that was not owned by Sunset Hills No . 2 and
wondered if these other owners would comply with whatever is decided.
Mr. Walker stated that a service drive is not required in this sub-
division because the plat is not large enough.
Mr. Robinson suggested that the flood matter be referred to the
Engineering Department and Mr. Spaulding stated that Mr. Meinzinger
suggested that the lots be terminated at the bottom of the slope and
no part of the bottom be included in the lot .
Mr. Robinson stated that this matter would be taken under further
advisement and discussed at a future Study Meeting.
Mr. Schelawski , 29937 Curtis asked if the Subdivision was going to
fill in and Mr. Spaulding answered there would be no filling in what-
soever in this area.
Mr. Paufve , 17557 Louise asked what the developer was going to do
with the land on Louise , and Mr. Spaulding stated that this was in
the portion which was going to be deeded to the City.
Mr. Burgel , 17555 Middlebelt Road was assured that the houses would
be set back 58 ' .
The Chair announced that this item would be taken under advisement ,
and called a recess at approximately 9 :20 P.M .
The Chairman called the public hearing to order at approximately
9 :30 P.M. with all present as named at the beginning of meeting with
approximately 30 people now in the audience .
The secretary announced the next item on the Agenda was Petition No.
Z-256 George Karabenick, Cary Homes asking for change of Zoning class-
ification on parcel of land located on the South side of Bretton,
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1946
230.85 feet W. of Middlebelt Road and situated in the S.E. 1/4 of Section
2 be changed from RUFB to R-1B. Mr. Karabelnick was present .
Mr. Kane asked why Mr. Karabelnick wanted this area zoned R-1B instead of
R-1A and Mr. Karabelnick answered that the homes they intend to build
were more than 800 feet in area and not up to 1 ,000 feet .
No other comments from Commission or audience so Mr. Robinson said the
Commission would take item under advisement .
The secretary announced the next item on the Agenda was Carey Meadows Sub-
division located on the Southwest corner of Bretton Road and Middlebelt
Road and situated in the Southeast 1/4 of Section 2 asking for approval
of the proposed plat .
Mr. Angevine read letter from the Inspection Department dated February
14 , 1958 and one from the Fire Department dated February 13 , 1958.
Mr. Karabelnick asked what was the reason for two additional fire hydrants ,
felt this was too many for the amount of lots and Mr. Perry of the Fire
Department stated that this was only a general recommendation to the
Planning Commission.
Mr. Harsha pointed out that one more would be adequate .
Mr. Robinson next asked for the report from the Plat Committee .
Mr. Harsha inquired as to what lies directly to the south, it is not
developed now but is there a possibility of a street running through
there , also Mr. Munson' s recommendations should be not overlooked in
regards to Bretton Road being widened to 60 ' if possible .
Mr. Okerstrom , Plat Committee asked for the set back at present and Mr.
Karabelnick answered it was 30 to 35 feet .
There were no other comments and Mr. Robinson asked Mr. Pinto about the
extension of statutory limitation to plat; what kind of request should
be made to the builder, inasmuch as plat cannot be approved until land
is properly zoned.
Mr. Pinto thought that the Commission could not properly give plat
approval until approval of the zoning Petition. Requested that the builder
waiver the 60 day statutory limit and also to an extension of a specified
period of time during which time the Commission will approve or disapprove
the plat .
Mr. Karabelnick was asked to write letter to commission waiving the 60
day limit and fixing a time limit .
No other comments were made and the Chair announced this item will be
taken under advisement .
The secretary announced the next item on the agenda was Petition No .2-255
Sam Lederman, Mid-West Builders , Inc . asking for change in zoning classi-
fication on parcel of land located between Joy Road and Ann Arbor Trail,
approximately 1550 feet West of Wayne Road and situated in the Southeast
1/4 of Section 32 be changed from R-1 to R-3 .
Mr . Sam Lederman was present and had no further comments to give to
Commission. The secretary read Mr. Munson' s recommendations asked by
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1947 ,
h1r. Greene . There were no other comments from the Commission or
audience and the Chair announced that the Commission would take this
under advisement .
The secretary announced the next item on the Agenda was Z-253 Irving ,
Levine , President , Burt Homes , Inc . asking for change in zoning class-
ification of four (4) parcels located on the Northwest corner of Merri-
man and Schoolcraft Roads and situated S .E. 1/4 of Section 22 be changed
from One. Cl to C-2; Two , RUF to C-2; Three , R-lA to P; Four, RUF to P.
The secretary read letter from Fire Department . Mr . Levine , President ,
Burt Homes , Inc . , presented the proposed plan to the members of the
committee when Mr. Walker wanted the location and the lot area clarified.
Mr. Levine stated that the Inspection Department hadn 't been able to
clarify if they would be allowed to build a super market in the C-i area.
Mr. Pinto stated he saw no reason why this could not be done , felt that
a C-2 zoning would be better but there should not be any objection to a
super market being built here. The rest of the zoning requested is to
conform with the area.
Mr. Harsha asked about the description and it was stated that the des-
cription had been approved by the Engineering Department but that the
correction as stated in Mr. Munson' s report re parcel #4 could be
checked again and the correction would be made .
There were no other comments from the audience or the Commission and
the Chair announced that this item would be taken under advisement .
The secretary announced the next item on the agenda was Z-248 Andrew
LaPrese and Lois E. LaPrese asking for a change of zoning classifica-
tion on parcel of land located on the South side of Eight Mile Road
approximately 90 feet west of Hubbard Road in the N.W. 1/i4 of Section
3 be changed from RUFB to M-l.
Mr. Pheney , Attorney and Mr. Andrew LaPrese were present .
Mr. Harsha requested the size of this property and Mr. Pheney said it
was 175 ' frontage and 300 ' in depth. Stated that M-1 was on one side ,
not adjoining but east and C-2 on the other side with industries on
the other side of the street . Pictures were shown to the Commissioners
of this area. Did not think that area was proper for residential , felt
it could not be sold for residential , only desirable for M-1 or 0-2 .
Mr. Greene asked if Mr. Munson made any comments on this petition and
Mr. Robinson stated this was one that had not been sent to him.
Mr. LaPrese stated that he had notified the adjacent property owners
of his intentions and that there had been no objections .
Mr. Fleming, 32625 Eight Mile Road stated he lived on the corner lot and
he was here to say he did not object and thought it should be changed.
•
Mr. Forest Hall , 20445 Hubbard in the Folker 's Subdivision stated he has
lived there 34 years and feels this is a residential area, objected to
the rezoning and that if it was made into an industrial area it would be
very noisy for the Subdivision. Also asked if the Farmington Township
zoning would be reason for a change and Mr. Robinson said it would be
taken into consideration.
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No further comments were made by Commission or audience and the Chair
announced that this item would be taken under advisement .
The secretary announced that the next item on the Agenda was Petition
M-99 Gulf Oil Co . asking permission to erect a service station on the
Northwest corner of Six Mile Road and Inkster in the Southeast 1/4 of
Section 12 .
Mr. Dilworth was present and was asked by Mr. Walker how close was the
property the substation pump house . He was informed by Mr. Dilworth
the pump house was 53 ' east of the property .
Mr. Austin Keathley , 27543 Vargo objected to the erecting of the gas
station due to the lights and the number of hours that they would be
opened. Feels that the one gas station already tnere would be sufficient .
Mr. Daniel Andrew, 27512 Vargo stated that when they bought their homes
they had been assured that this area would be developed by small stores ,
i .e . , cleaners , drug store , etc . , feels that the storm drainage off the
gas station property would flood their properties . Understands that
the Pure Oil Company has bought property on Inkster and 6 Mile Road and
that three gas stations are not necessary. Feels gas stations devalu-
ate residential properties , also are a health hazard.
Mr. Roger Davis , 27528 Vargo stated they felt that a gas station in this
area would prevent any stores in this area and that the property on 6
Mile Road was limited because of the rump station.
Mr. Dilworth showed the Commission and audience a plot plan showing the
proposed subdivision, the stores , the pump station and the proposed gas
station. A greenbelt would be completely around the gas station to
separate it from the next property. Felt that a gas station on the
corner would give the corner a clearer view than parked cars and that
it would tie in with the surrounding stores and pump station. All
lighting would be directed downward, not upward.
Mr. Keathley asked in view of the present economic conditions what
assurance do they have that Edward Rose would build this shopping area .
Mr. Dilworth stated that he had spoken to Mr. Rose had assured him of
a shopping area in that location.
Mr. Walker mentioned that a similar Plan is now at Merriman and Joy.
Mr. Davis asked what assurance would we have as to the type of gas
station - would there be a repair shop but Mr. Robinson stated that
the zoning ordinance does not permit this .
Mr. Keathley requested who would own this station and Mr. Dilworth said
Gulf Company would own this and only lease it by the year.
Mr. Harsha said that the distance between the gas station and the resi-
dential was suitable .
No other comments , the chair asked the Commission if they wanted to act
or take this petition under advisement ; Commission preferred to do this .
Mr. Dilworth stated that their option expired March 8, 1958 - would it
be possible to make a decision before this .
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The Chair informed Mr. Dilworth there was no reason why this could
not be brought up at the March 4th hearing. C`)
Mr. Keathley stated he understood that just recently they have stopped
the building of gas stations in some cities and. townships .
Mr. Pinto said this was true although in Hazel Park they had repealed
this law just last summer.
Mr. Dilworth stated that the problem of too many gas stations was be-
ing worked out with the Retailers Gasoline Association and service
station owners and operators in order to limit the gas stations .
•
The Chair informed Mr. Dilworth that this item will appear on the
March 4th meeting.
The secretary announced the next item on the agenda was Petition V-28
Nativity Evangelical and Reformed Church asking the following road be
vacated and abandoned as a public highway , the South 4.3 ' of W. Chicago
Road between Sunset Avenue and Henry Ruff Road in the Southwest l/�4- of
Section 35 . Mr. Angevine read letter dated February 7 , 1958 from The
Detroit Edison Company , letter from Dave Meinzinger dated February 6 ,
1958 and also letter from Nativity Church.
Mr. Keahl , President , Mr. Weiss , Building Committee and Pastor Shreiner
were present .
Mr. Walker asked if this road was vacated who would be the legal owner
of the parcel .
Mr. Pinto answered that the land would be referred back to the original
owner.
Mr. Harsha requested to see the plat book to see whether this part of
land came off the Cooperspoon' s property or the property to the north
and it was found that it belonged to the Cooperspoon property .
The Chair said a motion was in order to either approve or disapprove
the petition to vacate certain right-of-way of Chicago Road.
Upon a motion duly made by Mr. Kane and seconded by Mr. Angevine , it was
#2-33-58 RESON ED that , pursuant to a Public Hearing having been held
the City Planning Commission does hereby grant Petition V-28
by Nativity Evangelical and Reformed Church asking the follow-
ing road be vacated and abandoned as a public highway , the
South 4.3 ' of W. Chicago Road between Sunset Avenue and Henry
Ruff Road in the Southwest 1/4 of Section 35 and
FURTHER RESOLVED notice of the above hearing was published in
the official newspaper, the Livonian under date of Jan.30,1958
and notice of which hearing was sent to Detroit Edison Co . ,'
Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. ,
Consumer Power Co. , City Departments , petitioner and abutting
property owners as listed in the Proof of Service .
A roll call on the foregoing resolution resulted in the following :
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1950
AYES: Okerstrom , Walker , Kane , Angevine , Robinson, Greene
NAYS : Harsha
Motion is passed and the petition is granted. This matter will be
deferred to the City Council immediately .
The Chair announced there were no persons present in the audience in-
terested in Items 12 through 15 and which items would be taken under
advisement .
Upon a motion duly made by Mr. Kane , seconded by Mr. Okerstrom and
unanimously carried, it was
#2-34-58 RESOLVED that , Public Hearing be adjourned.
Mr. Robinson called the 89th Regular Meeting to order at approximately
10:55 P.M . with all present who were present at the Public Hearing.
The Secretary announced the first item was Petition No. Z-24.6 Paris
Home Builders asking for a change of zoning classification on Parcel
18M3 located on the Northwest corner of Five Mile and Newburgh Roads
in the Southeast 1/4 of Section 18 be changed from AG-B to R-1-A ex-
cept the southeast corner (400 ' x 3401 ) be changed from AG-b and C-2
to C-2. Presented at Public Hearing on January 21 , 1958 at which time
it was taken under advisement .
Mr. Angevine read letter from the attorney of Paris Home Builders dated
February 18, 1958 stating the petitioner withdraws its request to en-
large the area designated as C-2 in the property described in the above
petition and requests that the area presently zoned AG-B be rezoned to
R-lA and that the area designated and zoned as C-2 (300 ' x 300 ' ) re-
main so designated and zoned.
There were no other comments and the Chair stated that a motion is in
order to act upon petition as amended.
Mr . Okerstrom made a motion that this petition be granted because the
petitioner had abided in accordance with good planning and corresponded
with the surrounding development of the area; Mt' . Kane supported and
unanimously carried, it was
#2-35-58 RESOLVED that , pursuant to a public hearing having been
held January 21 , 1958 , the City Planning Commission does
hereby grant Petition No . Z-24.6 as amended, submitted by
Paris Home Builders , as the petition is amended by letter
dated February 18, 1958 and the commission does herein
recommend that the zoning classification of Parcel 18M3
located on the Northwest corner of Five Mile and Newburg
Roads in the Southeast 1/4 of Section 18 be changed from
AG-B to R-1A provided, however , that the Planning Com-
mission recommends that the request for a change of zon-
ing from AG-B to C-2 as requested in original petition
be denied.
The Chair announced that the motion is carried and Petition Z-24.6
Paris Home Builders is granted as amended.
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1951
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Upon a motion duly made by Mr. Angevine , seconded by Mr. Kane and ?
unanimously carried, it was : C?
#2-36-58 RESOLVED that , Item #20 , Lyndon Meadows Subdivision -
approval of final plat located on the Northeast corner
of Henry Ruff and Schoolcraft Roads in Southeast 1/4 of
Section 23 be heard now in order that Mr. Menuck of the
Paris Home Builders would not have to be detained any
longer.
The Chair announced that the motion is carried and request is granted
that Item #20 , Lyndon Meadows Subdivision be heard now.
The Secretary announced the next item on agenda was Lyndon Meadows
Subdivision, approval of final plat , located on the Northeast corner
of Henry Ruff and Schoolcraft Roads in the Southeast 1/4 of Section
23 . Preliminary plat approved June 19 , 1956 at Public Hearing, re-
vised prints given approval , special meeting September 3 , 1957 .
Mr . Menuck stated no changes had been made from the preliminary plat
and presented the canvas back plat to the Commission.
Upon a motion duly made by Mr. Walker, seconded by Mr. Kane and
unanimously carried, it was
#2-37-58 RESOLVED that , final plat of Lyndon Meadows Subdivision
located on the Northeast corner of Henry Ruff and School-
craft Roads in the Southeast 1/4 of Section 23 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 June 19 , 1956 and it
further appearing that said proposed plat together with the
Plans and specifications for improvements herein have been
approved by the Department of Public Works under date of
September12 , 1957; and it further appearing that a bond
in the amount of $321,000.00 to cover the installation
of improvements has been filed in the office of the City
Clerk under date of February 14, 1958 pursuant to Reso-
lution #713-57 adopted by the City Council on September
16 , 1957; such bond having been approved by Charles J.
Pinto , Assistant City Attorney under date of February
14 , 1958 it would therefore appear that all the con-
ditions necessary to the release of building permits
have been met and the Building Department is hereby so
notified.
The motion is carried and the final plat of Lyndon Meadows is hereby
approved.
The Secretary announced that the next item on the agenda was Petition
M-101 Root Beer Drive-In by William J. Horse and Garland B. Borden
requesting permission to build and operate an "A & W Root Beer" Drive-
In Restaurant located on Parcel #11MM20 bl , situated on the West side
of Middlebelt approximately 350 feet North of Six Mile Road in the
Southeast 1/4 of Section 11 . Presented at Public Hearing February 4,
1958 at which time it was taken under advisement .
The Secretary read a prepared resolution denying the petition. Mr.
Greene asked for a brief resume on this Petition because he had been
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1952
absent at the public hearing for this petition; wondered why one drive-
in was being denied and a previous one approved.
Mr. Harsha answered because there were residents in this area and it
would not be desirable to have two drive-ins in this area .
Upon a motion duly made by Mr. Walker , supported by Mr. Kane and unani-
mously carried, it was
#2-38-58 RESOLVED that , having considered Petition M-101 of
William J. Horse and Garland B. Borden requesting per-
mission to build and operate an A & W Root Beer Drive-
in Restaurant located on Parcel MM20 bl in the South-
east 1/4 of Section 11 , the Planning Commission does
herein deny such request for the following reasons :
(1 ) That the character and nature of the particular
area surrounding and adjacent to the parcel des-
cribed in the petition has substantially changed
in character since the original enactment of the
comprehensive zoning ordinance of the City of
Livonia , in that many residences have been con-
structed recently on Middlebelt Road in this
vicinity , and the erection of a drive-in restaurant
would not be in harmony with nor within the planned
scheme and design for the development of this
neighborhood.
(2 ) That the unique character and nature of such com-
mercial establishment would not be in keeping with
the planned development for such area in the city
and would also work a serious hardship and detri-
ment to adjoining residences and residential
parcels , and would seriously interfere with the
peaceful use and enjoyment of such premises;
(3 ) That the erection of this commercial establishment
in the opinion of the City Planning Commission,
after serious consideration and discussion, would
be detrimental to the public health, safety and
welfare of a substantial portion of this community .
The Chair announced that the motion is carried and Petition M-101 is
denied.
The Secretary announced the next item on the agenda was the amendment
to eliminate R-3 usages from commercial zoning classification - and an
adoption of proper resolution to have a public hearing.
Mr. Angevine read resolution and amendment as prepared by Mr. Charles
Pinto , Assistant City Attorney .
Upon a motion duly made by Mr. Kane , seconded by Mr. Angevine and unani-
mously carried, it was
#2-39-58 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 determine whether
or not Sections 11.02 and 11.14 of Article 11.00 of the
Zoning Ordinance No. 60 should be amended to read as follows :
8
1953 AN ORDINANCE AMENDING SECTIONS 11 .02 r
AND 11.14 OF ARTICLE 11.00 OF ORDINANCE .
NO . 60 AS AMENDED , ENTITLED "ZONING
ORDINANCE OF THE CITY OF LIVONIA . "
THE CITY OF LIVONIA ORDAINS:
Section 1 . Sections 11.02 and 11.14 of Article 11.00 of
Ordinance No. 60 as amended, entitled "Zoning Ordinance of the City
of Livonia" , are hereby amended to read as follows :
Section 11.02 Uses Permitted. In all C-2 Districts no
buildings 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 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 , V
messenger or telegraph service stations and any
similar service or use.
( e ) Banks , theaters , hotels , assembly buildings ,
catering establishments , conservatories , sales and
showrooms , research and testing laboratories , studios ,
undertaking 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, fabri-
cation 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 reason of the emission of odors , fumes , dust , smoke ,
waste , lightglare , noise or vibration, and further pro-
vided that no commercial enterprise shall employ more
than five (5 ) mechanics or workers Per each two
thousand (2000) square feet of floor area, on the re-
pair , 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 serving primarily as a directional sign or legal
notice . Only one (1 ) such sign is permitted on a lot ,
419
1954
when such lot is four thousand (4000) square feet or
less in area of display surface and shall not exceed
seven (7 ) feet in length. Signs larger in area than
authorized in this section shall not be permitted ex-
cept upon the approval of the City Planning Commission.
(i ) Carnivals , outdoor circuses or migratory amusement
enterprises .
( j ) Dry cleaning plants , garages and auto wash estab-
lishments , on approval of the City Planning Commission;
provided, however , that such approval shall not be given
until , in addition to other requirements and considerations ,
there is filed with such commission the written consent of
the owners of frontage of property immediately abutting the
premises involved and the written consent of the owners of
seventy (70) per cent 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 Plan-
ning 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 required for a residence shall
be provided for management , provided that each unit provides
a lot area of one thousand (1000) 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) square 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;
however, 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 pro-
vided, 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 provided; 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 ,
1: lightglare , vibration of noise .
(m) Office of a 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
420
1955
Commission .
(n) Drive-in theaters , after approval of the City
Planning Commission where such use is located at
least one thousand (1000) feet from any district }
zoned as residential .
Section 11.14 Buildings in C-2 Districts .
No building shall be constructed, erected or maintained on
any lot in C-2 Districts except for commercial purposes;
provided further that no building shall bi6 erected or used
or land used in whole or in part in any C-2 District for
single family , two family , apartment houses or any other
residential use .
Section 2 . All ordinance 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 or parts of this ordinance are for
any reason held to be invalid, such decision shall not affect the
validity of the remaining portions 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 .
The Chair announced that the motion is carried and a public hearing
will be held on amendment to eliminate R-3 usages from commercial
zoning classification.
The secretary announced the next item on the agenda was the Off-
Street Parking Committee report .
Mr. Walker stated that a report was not prepared for this meeting .
Upon a motion duly made by Mr. Angevine , seconded by Mr. Kane and
unanimously adopted this 89th Regular Meeting was duly adjourned
at approximately 11:10 P .M . February 18, 1958.
."4/ kAiYai
ert L. Angevin , Secretary
ATTESTED:
William R. Robinson, Chairman