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HomeMy WebLinkAboutPLANNING MINUTES 1958-04-01 �-- 53 1987 MINUTES OF THE 84TH SPECIAL MEETING AND A PUBLIC HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On April 1 , 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 : H. Paul Harsha Dennis Anderson William R. Robinson Fred A. Lotz Wilfred Okerstrom Leonard Kane Robert Greene Charles Walker Robert L. Angevine Charles J. Pinto , Assistant City Attorney was present together with approxi- mately 22 interested persons . The secretary announced that the first item on the agenda was Petition No . Z-257 by Raymond & Helen McCullough asking for a change of zoning classi- fication on parcels of land, Items #13K5 and #13K6 located on the North side of Five Mile Road, approximately 300 ft . west of Harrison and situa- ted in the Southwest 1/4 of Section 13 be changed from R-1 to C-l . Mr . Leonard Herman, Attorney , was present representing petitioner. In- formed Commission that Mr. & Mrs . McCullough with Mr. Alexander Spiro are requesting the rezoning in order to build a convalescent home in this area. At present the back 300 ft . , which is in question, is directly adjacent to a property which is presently zoned commercial so that this request is not spot zoning. Stated they did not feel that this property is in a desirable residential area and rezoning it to commercial would increase property value. Mr. Herman presented a drawing of the proposed convalescent home to the members of the Commission and audience . Mr. Abraham stated that C-1 extends now into the Partridge property approx- imately 17 ft . and continues on the other side of 13K5 and 13K6 . Mr. Robinson asked the secretary to read the recommendations from Mr. Albe Munson. Mr. Herman was informed that the City was in process of adopting a new ordinance called Professional Services which has had a public hearing and which allows convalescent homes which will be used as a buffer between commercial and residential areas . He was asked if the petitioner would object to amending the petition to read PS instead of C-i. Mr. Robinson asked if this was in order and Mr. Pinto confirmed it except that this petition cannot be approved until the PS ordinance has been officially passed. Mr. Herman stated he would now like to verbally amend Petition Z-257 to read "from R-1 to P-S" . Upon a motion duly made by Mr. Angevine , supported by Mr. Greene and unani- mously carried, it was 1: #4-66-58 RESOLVED that , Petition Z-257 by Raymond & Helen McCullough asking for a change of zoning classification from R-1 to C-1 be verbally amended to read "from R-1 to PS" in order that petition can be acted upon after the proposed new Professional Services Ordinance has officially been published. The Chairman announced that motion is carried and petition is amended. 4,54 1988 Mr. Don Stevenson, 28610 Six Mile Road wished to protest that when he and several other property owners in area bought their property several years ago that they were assured that this area was strictly RUF and that no businesses would be allowed. Stated he felt that all nine property owners surrounding this proposed convalescent home should agree to this change in zoning first and that this was really spot zoning and would not be fair to the other owners . Stated that the nine owners had agreed to allow the one Commercial zoning in this area but that the rest was to be kept residential. Mrs . Bruce , 29218 Broadmoor , representing the Madison Civic Association stated if this zoning was allowed it would create some dead parcels . of land and that this would take the value away from the present parcels and it would be very difficult to subdivide remaining parcels . Mr. Herman stated the type of building they intended to build would not injure the property but would enhance the area and that convalescent homes were usually situated in transient areas . Mr. Greene stated that since Mr. Pinto had informed the Commission that we could not act upon this petition tonight because of the proposed PS ordinance that this item should be taken under advisement until such time . The Chair informed Mr. Herman this petition would betaken under advise- ment and that he would be informed when petition is again brought up . The secretary announced the next item on the agenda was Petition Z-263 by Harry Slatkin Builders , Inc. asking for a change of zoning classifi- cation on 3. 84.9 acres , Item ##17M , located on the north side of Five Mile Road and East side of Newburgh and situated in the Southwest 1/+ of Section 17 , be changed from AG-B to C-2 . Yr. Hermaroff, Attorney , 11534- Dexter Blvd. , Detroit present representing Slatkin Builders stated that this present request for rezoning was made so that this zoning would conform with the remainder of the property. At this time the members of the Commission looked over the area in the plat book. Mr. Anderson asked if the plat had been approved and it was ascertained it had been. Mr. Walker asked if this area was going to be a future shopping center and he was informed by Mr. Hermanoff it was , but only on a small scale , not a large neighborhood shopping center. Mr. Robinson informed Mr. Hermanoff that this item would be taken under advisement . The secretary announced that the next item on the agenda was Z-264. by Mr. & Mrs. George C . Schott asking for a change of zoning classification on land described as East 90 feet of Lot 12 of Liverance Estates Subdivision, Southeast corner of Six Mile Road and Oporto and situated in the North- east 1/4 of Section 15 , be changed from RUF to RU. The members of the Commission looked the area over in the plat book. Mr. Schott was present and explained his reason for this rezoning . Mr. Walker asked if the whole parcel would be rezoned but Mr. Schott stated only the 90 ft . Mr. Kane wondered if whole parcel should be rezoned but it was ascertained by Mr. Pinto that this would not be 1989 necessary because there was a home built on this other portion. Upon a motion duly made by Mr. Walker, supported by Mr. Kane and unani- mously carried, it was #4-67-58 RESOLVED that , pursuant to a Public Hearing having been held on Tuesday , April 1 , 1958 on Petition No. Z-264 as submitted by Mr. & Mrs . George C . Schott for a change of zoning in the Northeast 1/4 of Section 14 from RUF to RU, the City Planning Commission does hereby recommend to the City Council that Petition No. Z-264 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of March 13 , 1958 and notice of which hearing was sent to The Detroit Edison Company , Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company , The Consumer Power Company , City Departments and petitioner as listed in the Proof of Service . The Chair declared the foregoing resolution adopted and petition is grantee The secretary announced the next item on the agenda was Petition No. Z-266 by Mr. & Mrs. George W. Mark asking for change of zoning classification on the south 70 feet of Lot No. 777 of Supervisor ' s Livonia Plat #13 and situated in the Northwest 1/4 of Section 10 be changed from RUF to R1A. Mr. George Mark was present . Members of the Commission looked in the plat book to ascertain the designated rezoning . 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. Lotz that petition be granted due to the fact that it meets the specifications of the immediate property and con- forms with the zoning on the west side , Mr. Angevine supported and it was #4-68-58 RESOLVED that , pursuant to a Public Hearing having been held on Tuesday , April 1 , 1958 on Petition No. Z-266 as submitted by Mr. & Mrs. GeorgeW. Mark for a change of zoning in the Northwest 1/4 of Section 10 from RUF to R1A, the City Planning Commission does hereby recommend to the City Council that Petition No. Z-266 be granted, and FURTHER RESOLVED, notice of the above hearing was pub- lished in the official newspaper , The Livonian under date of March 13 , 1958 and notice of which hearing was sent to The Detroit Edison Company , Chesapeake & Ohio Railway Company , Michigan Bell Telephone Company , The Consumer Power Company , City Departments and petitioner as listed in the Proof of Service . A roll call vote on the foregoing resolution resulted in the following : Eir AYES: Lotz , Kane , Walker , Harsha , Angevine , Robinson NAYS: Green, Okerstrom, Anderson The Chair declared the foregoing resolution adopted and petition is grante The secretary announced that the next item on the agenda was V-29 by Harry B . Wright asking for the removal and vacating of an easement for drainage purposes in a parcel described as the east half of the east half of the 0 Southeast 1/4 of Section 13 , between Items #13R21a1 and #13R21a2 . C.0 Mr. Wright was present and explained the reason for this vacation. Mr. Harsha asked that the word "Vacating" be used and not "Removal as stated in petition. Mr. Chartrand, 15500 Foch asked what lots did the easement pass through and stated he did not think any vacating should be done if it was useful for the community . Mr. Wright explained the area in question. It was determined by Mr. Pinto that this might be a County easement in which case the City of Livonia could not vacate it . Also it was ascer- tained that since this petition did not go through the regular procedure of being presented to the Council first , it could not be acted upon tonight . Upon a motion duly made by Mr. Lotz to have petition tabled until City Attorney can verify whether this easement belongs to the County or the City of Livonia , supported by Mr . Okerstrom , and unanimously carried , it was #4-69-58 RESOLVED that Petition V-29 by Harry B. Wright asking for the vacating of an easement in the Southeast 1/4 of Section 13 be tabled until City Attorney can ascertain whether or not this specific easement is a County easement or that it. belongs to the City of Livonia. The Chair declared the motion is carried and petition is tabled; it was also suggested that this Vacation Petition be referred to the Council , at which time it can be placed on their agenda so that this can be then referred back to the City Planning Commission in the regular procedure . The secretary announced the next item on the agenda was Petition Z-270 by the City Planning Commission on its own motion whether or not Sections 11.02 and 11.14 of Article 11 .00 of the Zoning Ordinance , Ordinance No. 60 should be amended. The secretary read letter dated March 20, 1958 from the Department of Law in regard to a change in the proposed ordinance . The proposed ordinance nor states : 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; pro- vided further that no building shall be 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 . The revised Section 11.14 follows : Section 11.14 Uses Prohibited. In all C-2 Districts no building shall hereafter be erected or used or land used, in whole or in part , for any one or more of the following uses : (a) All dwellings of every kind; provided, how- ever that nothing contained in this section shall affect or interfere with dwellings now existing in any C-2 District or with any buildings accessory to such dwellings , or in any way prevent the owners thereof from making any additions , alterations or repairs to such dwellings or erecting any buildings accessory thereto; provided further, that all such fir.. 1991 dwellings and buildings accessory thereto shall conform to the same requirements as are provided in this ordin- ance for the nearest district in which dwellings may 1: hereafter be lawfully erected. Mr. Pinto suggested that in Section 11 .02 of proposed ordinance that Sub- section (a) should eliminate R-2 from the C-1 District . Mr. Harsha suggested that in subsection (k) of Section 11.02 that the words "do not object " be deleted from present location and inserted after "lot area involved" . Mr. Pinto agreed. Mr. Howard Middlewood asked if this new ordinance means that no one could have living quarters over a store , would this be eliminated under the new proposed ordinance . Mr. Robinson stated that it would be to the best interests of everyone if this item is taken under advisement to allow the City Attorney to make the necessary changes . The Chairman announced a recess at approximately 9 :30 p.m . The Chair called the Public Hearing to order at approximately 9 :40 p.m. with all present as named at the beginning and course of meeting. The secretary announced the next item was Application TA36 by Harold Edwards requesting permission to remove topsoil located on the West side of Farmington Road between Six Mile and Oakdale Avenue from a portion of Parcel 16A, 16Bla and 16C in the North half of Section 16 . Mr. Edwards was present . The secretary read communication from the Engineering Department . Mr. Okerstrom asked if this topsoil lay west of the models and Mr. Edwards answered it was on the same parcel of the models . Mr. Walker asked if this petition was for the removal of sand as well as topsoil and Mr. Edwards answered that only the stockpile of topsoil is to be removed and also to continue cutting the sand to grade . The original petition stated sand and topsoil , presumed that this petition would be the same although no sand was mentioned in this application. Mr. Walker felt that another application should be made for the removal of the sand. They are two separate operations and stated he felt he could not vote for anything other than topsoil removal . Mr. Pinto confirmed this and stated an application should be made for the sand removal . Upon a motion duly made by Mr. Kane that permission be granted to remove topsoil , supported by Mr. Harsha , it was - #4-70-58 RESOLVED that , pursuant to a Public Hearing having been held on April 1 , 1958, the City Planning Commission does hereby grant Application TA-36 as submitted by Harold E. Edwards requesting permission to remove top- soil located on the West side of Farmington Road be- tween Six Mile and Oakdale Avenue in the North half of Section 16 , and FURTHER RESOLVED, that the performance bond be continued 458 1992 on the above application at $500 per acre and it is recom- � mended that the Bureau of Inspection issue a permit to this effect , and C") FURT= RESOLVED, notice of the above hearing was sent to the property owners within 500 feet , petitioner , City Departments as listed in the Proof of Service and recom- mendations having been obtained from the Department of Public Works under date of March 14, 1958 and from the Police Department under date of March 14 , 1958. A roll call vote on the foregoing resolution resulted in the following : AYES: Greene , Okerstrom, Anderson , Kane , Harsha , Angevine , Robinson NAYS : Lotz , Walker The Chair declared the motion is carried , application is approved for the removal of topsoil . The secretary announced the next item on the agenda was Petition M-106 by Henry Bain requesting permission for a Landscape Nursery Sales ( open air sales ) located on the South side of Plymouth between Ingram and Berwick on parcels # 211 thru #217 situated in the Northeast 1/4 of Section 34. Mr. Bain was present , explained he intended to sell flowers and shrubs . Also that area had been cleaned up after he had sold Christmas trees in December. Mr. Greene asked if there were going to be any buildings and Mr. Bain answered that only an open air canopy , no permanent structure would be erected, and also that this was a seasonal business , not year around, and that area would be cleaned off at the time the business is closed. Mr. Walker asked if there would be facilities for off-street parking . Mr. Bain stated there was a 145 ' frontage for parking and also cars could be parked on the side streets . Mr. Alan Mattal , 11428 Ingram stated he owned property directly behind the proposed nursery sales and objected to said petition. Felt that it would create additional parking and traffic on Plymouth. Stated hi s comments were the thoughts of the rest of the neighbors present from this area. Mr. Brady , 11431 Ingram , confirmed Mr. Mattal ' s objections . Mr. Edward Bradfute , 11431 Auburndale , stated he was on the Traffic Com- mission and that they were working on the traffic problem at the present time in this area and felt that it would cause quite a traffic hazard in this area. There were approximately 13 interested persons in regard to this petition in the audience. Upon a motion duly made by Mr. Lotz , supported by Mr. Walker and unani- mously carried, it was #4-71-58 RESOLVED that , pursuant to a Public Hearing having been held April 1 , 1958, the City Planning Commission does hereby deny Petition M-106 by Henry Bain requesting per- mission for a Landscape Nursery Sales located on the South side of Plymouth between Ingram and Berwick in the North- east 1/4 of Section 34 , because there are no facilities for adequate off-street parking, and C47 FURTHER RESOLVED, notice of the above hearing was 1993 sent to property owners within 500 feet , petitioner and City Departments as listed in the Proof of Service . 1: The Chairman declared the foregoing resolution adopted and petition is denied. Upon a motion duly made by Mr. Walker , supported by Mr. Okerstrom and unanimously carried, it was #4-72-58 RESOLVED that , Public Hearing be adjourned. The Chairman declared the foregoing resolution adopted and called the 84th Special Meeting to order at approximately 10: 10 p.m. The secretary announced the next item on the agenda was letter dated March 19 , 1958 from Casimir C. Gawron, Cass Construction Company re- questing a six month extension of time on the preliminary plat of Gawron Subdivision located on the East side of Hix Road between Ann Arbor Trail and Ann Arbor Road in the Northeast 1/4 of Section 31 . Plat given approval July 19 , 1955 , nine month extension granted August 14 , 1956 , 4 month extension granted May 7 , 1957. Mr. Gawron was present . Mr. Robinson asked Mr. Pinto what was the procedure in this case and Mr. Pinco stated that technically an extension could not be given but just reaffirm your original extension, that a public hearing must be held for this . Mr. Gawron stated it had been an oversight on his part - thought when the Council had set the bond that it was not necessary for him to come back to the City Planning Commission. Mr. Pinto stated that in the Master Resolution it states that only two years are allowed to install improvements , and that Mr. Gawron would have to have a reaffirmation of the tentative approval . It was suggested by Mr. Pinto that Mr. Gawron amend his petition not to ask for an extension but to ask for a reaffirmation to allow the Commission to set a public hearing . Mr . Gawron agreed to ask for a reaffirmation instead of an extension as originally requested. Upon a motion duly made by Mr. Kane , supported by Mr. Angevine and unanimously carried, it was #4-73-58 RESOLVED that , request from Casimir C. Gawron, Cass Construction Company for a six month exten- sion of time on the preliminary plat of Gawron Subdivision located on the East side of Hix Road between Ann Arbor Trail and Ann Arbor Road in the Northeast 1/4 of Section 31 , be changed to a reaffirmation in order to have a public hear- ing April 15 , 1958. The Chairman declared the foregoing resolution adopted. The secretary announced the next item on the agenda was proposed t amendment to Ordinance #60 to require a 40 foot set back for com- mercial properties on Schoolcraft Road. bb0 1994 The proposed ordinance prepared by the Law Department was read by the Secretary to the members of the Commission. There was a brief discussion on whether or not it would be advisable to include a set back in all commercial areas in this ordinance or to have another one for this purpose . Mr . Pinto suggested he make a rough draft of a proposed ordinance to specify a set back for all commercial zoning - not just commercial zoning on Schoolcraft , to be ready for the next Study Meeting of the City Planning Commission on Tuesday , April 8 , 1958. The Secretary announced the next item on the agenda were several bids for the printing of the studies , Neighborhood & Population Study , Traffic and Transportation Study and Economic Study . Albe E. Munson: 100 Copies 125 Copies Population & Neighborhood Study $ 96 .00 $117 .50 Traffic & Transportation Study 147 .00 177 .50 Economic Study 158 .00 195 .00 The Livonian: $212 .79 $222.57 An Economic Base Study , etc . ul Traffic , Transportation, etc . 187 .28 198.53 Population and the , etc . 164.15 175 .25 Park Print Shop, Inc . : Books "An Economic Base Study" $525 .00 $545 .00 Books "Traffic Transportation" 350 .00 370 .00 Books "Population and Neighborhood" 330 .00 348.00 After a brief discussion it was decided to authorize Mr. Munson to print the additional copies of the aforementioned studies . Upon a motion duly made by Mr. Lotz , supported by Mr. Anderson, and unanimously carried, it .was #4-74-58 RESOLVED that , the City Planning Commission does hereby authorize Albe Munson, Planning Consultant , to print 100 copies each of "Population and Neighborhood Study" , "Traffic & Transportation Study" and "Economic Study" in accordance with :11 bids from Mr. Munson dated December 11, 1957 , funds being available in Budget Account No. 3 to cover cost of said studies . 1995 The Chairman declared the foregoing resolution adopted. Mr. Robinson informed the Commission that Mr. Munson is presently making a revaluation of the zoning ordinance for which the Council has appropriated additional funds , on a time basis . This information will complete the zoning and all land use will be revaluated. After a brief discussion, Mr. Greene made a motion, supported by Mr. Lotz , and unanimously carried, it was #4-75-58 RESOLVED that , City Planning Commission does hereby authorize Albe Munson, Planning Con- sultant to complete the revaluation of the Zoning Ordinance , which will be based on a time basis for which additional funds have been appropriated from Budget Account No. 1 to City Planning Commission Account No. 70M to cover cost of said study . The Chairman declared the foregoing resolution adopted. At this time Mr. Arthur Fisher, 30408 Hoy , Hillcrest Gardens Association asked the Chair if 45 ' lots are allowed since an ordinance had been passed allowing no smaller than 55 ' and 60 ' lots . It was explained to Mr. Fisher that any recorded plat approved before the adoption of the ordinance is not effected by the new ordinance . Mr. Robinson informed the members of the Michigan Society of Planning Officials ' Conference on Highways which will be held on April 11 and April 12 , 1958 at the Fort Shelby Hotel , Detroit , Michigan. It was decided that reservations will be made for those members wishing to attend. On a motion duly made by Mr. Angevine , seconded by Mr. Walker and unanimously adopted this 84th Special Meeting was duly adjourned at approximately 11: 00 p .m. , April 1 , 1958. Wo• ert L. Angevin , Secretary ATTESTED: William R. Robinson , Chairman