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HomeMy WebLinkAboutPLANNING MINUTES 1958-12-02 I ItiMINUTE'S OF THE 99TH ST WIAL MEETING 2296 AND A PUBLIC HEARING OF THE CITY PLANNING COUMISSI ON OF TILL CITY OF LIVONIA On December 2, 1958, the City Planning Commission of the City of Livonia held a Public Hearing and the 99th Special Meeting at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Robert L. Angevine, Chairman, called the meeting to order at approx- imately 8:10 p.m. Memberspresent: Wilfred Okerstrom, William R. Robinson, Robert L. - Angevine, Charles Walker, Leonard Kane, Robert :ce.cock, and Dennis Anderson • Members absent: H. Paul Harsha, and Robert Greene • Mr. David Mc Cullough, City Planner and Mr. Rodney Kropf, Assis- tant City Attorney were present along with approximately 17 persons. Mr. McCullough announced the first item on the agenda was Pet- - ition M-139 by Casimir C. Gawron requesting permission to build a two Cstall sl,vice station on the Southwest corner of Ann Arbor Trail and Ann Arbor Road and situated in the Northeast 1/4 of Section 31. Mr. Gawron presented plans of the proposed gas station stating that at the intersection of Ann Arbor Road and Ann Arbor Trail the width of the streets were 120 ft. wide which eliminated any traffic hazard. Stated further that the present zoning is C..1 and that the gas station would not require the complete commercial area but only the corner. A food store would be erected at a later nate. Mr. Robinson suggested this item be taken under advisement. Mr. Okerstrom concurred with Mr. Robinson. There was no one in the audience who wished to speak in favor or opposed to petition. Mr. Angevine declared this item would be taken under advisement. Mr. Mc Cullough announced the next item on the agenda was Petition M-140 by Leonard E. Ricketts requesting permission to Ilse subject property for cleaning plant and laundry plant, on the Southeast corner of Middlebelt a nd Elsie Avenue and situated in the North- west i/4 of Section 24. [ Mr. Donald Deremo was present. Mr. Mc Cullough stated that the ICpetition had faile d to comply with the ordinance inasmuch as the required signatures had not been submitted to the Commission but that Mr. Deremo has asked that the petition be approved subhect to obtaining the necessary signatures . Mr. Peacock stated he fel t that petition should not be on the a''" nda until the petitioner had complied with the ordinance. ILAL :� r., tR At . 2297 li: Mr. Deremo stated he understood that dry-cleaning plants will be allowed in C-2 districts in the revised ordinance pending, with- out the approval of the City Planning subject to obtaining nnCommission, m but the suggested again that this petition be .app necessary signatures . There was no one in the audience who wished to speak in favor or opposed to petition. Upon a motion duly made by Mr. Robinson, supported by Mr. Kane, it was #12-367-58 RSOLVED that, pursuant to a Public Hearing having been held on Tuesday, December 2, 1958, the City Planning Commission does hereby grant Petition M-11.0 of Leonard E. Ricketts requesting permission to use subject property for cleaning plant and laundry plant in the Northwest 1/4 of Section 24, subject to the petitioner complying with the requirements in the proposed ordinance and also, subject to the pro- curement of the necessary signatures and FURTHER : R?SOL`ILD,notice of the above hearing was sent to property owners within 500 feet, petitioner and City EDepartments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: . Kane, Vtalker, 0kerstroia, Robinson and Angevine NAYS: Peacock, a nd Anderson The Chairma n declared the foregoing resolution is adopted. Mr. Mc Cullough announced the next item on the agenda was Pet- ition M-141 by Walter T. Hall requesting permission to erect 42' x 40' flat face sign constructed of porcelain enamel and plastic, lit internally with slim line lihting at 33501 Five Mile Road between Surrey a nd Edington in the Southeast 1/4 of Section 16. Mr. Hall, who was present, stated that the proposed sign would be installed flat against the building protruding approximately 84 from the wall with slimline li;;hting. There was no one in the audience who wished to speak in favor or opposed to petition. E Upon a motion duly made by Mr. Walker, supported by Mr. Peacock, it was #12_368-58 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, December 2, 1958 , City Planning Commission does hereby grant Petition M-141 of waiter T. Hall requesting permission to erect momemomm f 2298 a 42' x 40 ' flat face sin constructed of porcelain enamel and plastic, lit internally with slim line lighting in the Southeast 1/4 of Section 16, and FURTHt RESOL TED, 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 following: AYES: Peacock, Kane, Walker, Anderson, Okerstrom, Robinson, and Angevine. NAYS: None The Chairman declared the foregoing resolution is adopted. Mr. Mc Cullough announced the next item on the agenda was the proposed Kingsbury Heights Subdivision submitted by Mr. 3ruce Polozker located on the Northwest corner of Five Mile and Levan Roads in the Southwest 1/4 of Section 17. Preliminary approval granted July 15, 1958. Plat revised since approval was granted. Mr. Polozker was not present . Mr. Mc Cullough submitted a letter dated December 2, 1958 from the Bureau of Inspection, and a letter dated November 25,1958 from the Fire Department. He further stated that he had several objections pertainins to proposed plat, as follows : 1. Marie has been used asa street name elsewhere, there- fore Marie in this plat should be renamed. 2. No Contours shown, 3. Names and locations of all aujoining subdivisions and streets missing, 4. Proposed location of sewer and water lines with fire hydrant locations, 5. Name and address of subdivider omitted:, 6. No overall area plan provided as required by the Sub- divisions Rules and Regulations, 7. Pedestrian crosswalks ought to be indicated until such time as the subdivision Rules and Regulations are amended to eliminate them, There was no 'one in the audience who wished to speak in favor or in opposition. Mr. Okerstrom stated he felt this item should be tabled in order to give the subdivider an opportunity to speak. Mr. Robinson suggested that this item be taken under advise- ment and to notify the subdivider when it will be on the agenda for a Study Meeting. 2299 Mr. Angevine stated that this item would be taken under advise- ment . Mr. Cullough announced the next item on the agenda was the pro- posed Burton Hollows Subdivision d2 submitted by Stephan F. Slavik, Slavik Builder, Inc., located on the South side of Six Mile Road Approximately 1400 feet West of Farmington Road in the Northeast 1/4 of lection 16. This plat has been revised since preliminary approval was granted July 16,1957 and an ex- tension of one year granted July 1, 1958. Mr. S. Slavik was present. Mr. Mc Cullough submitted a letter dated December 2, 1958 from the Bureau of Inspection. The following objections were raised by the Plat Committee : 1. Gill Road on Major Thoroughfare plan would bisect Lots 353 and 354. If Approval is granted, it must be subject to amending the Master Thoroughfare Plan so as to delete Gill or change its location. 2. Approval must be subject to the subdivisions regu- lations being amended to eliminate the necessity of Pedestrian crosswalks on all 800 ft. blocks. . Several blocks exceed the maximum length of 1320 ft. . Burton Lane continuation on Burton Hollows Estates 3 is called Hollow Lane, 5. Contours needed particularly along the eastern boundpy.. 6. No lcoation map showing surrounding subdivisions. 7. No distance shown to nearest north and south road. 8, wlii tcomb should be where Grove is shown.. 9. Call nlitcomb something different . 10. Bloomfield should be Grove. Fr. Slavik stated that there were no changes on this plat since the preliminary plat was approved July 16, 1957 with the ex- ception that the lots were increased in size which consequently decreased the number of lots. Stated further that 96% of the lots were nov80 ft. frontage in a R1A zone. Mr. Okerstrom suggested that a turn around be designated at the end of Burton Lane. Mr. Slavik stated that it was designated on the plat originally approved, and that the contours, sewers and fire hyd rants were also shown. Upon a motion duly made by Mr. Walker, supported by Mr. Kane, it was #12- 58 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, December 2, 1958, the City Planning Commission does hereby give approval to the preliminary plat of the revised Burton Hollows Sub- division #2 located in the Northeast 1/4 of Section 16, 2300 subject however, to the following conditions : IL: 1. That, the Major Thoroughfare Plan be amended so as to delete or re-locate Gill Road from the major thoroughfare plan, 2. That section 4.06 of the Subdivision Regulations be amended subsequently in order to eliminate the necessity of pedestrian crosswalks in this subdivision 3. That the subdivider supply corrected street names wherever such corrections are necessary in the opinion of the City Planner, and further comply with the subdivision rules and regulations in all respects . Mr. Anderson stated he felt that this plat should be identified by date in the resolution and suggested that the resolution be amended, to reflect this date. Mr. Walker concurred to the suggestion, as did Mr. Kane. Upon a motion duly made by Mr. Walker, supported by Mr. Kane and unanimously adopted, it was #12-369-58 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, December 2, 1958, the City Plan- ning Commission does hereby give approval to the re- vised preliminary plat, dated October 17, 1958 of the Burton Hollows Subdivision No.2 located in the North- east 1/4 of Section 16, subject, however, to the followins Conditions: (1) that the major thoroughfare plan be amended so as to delete or relocate Gill Road from the Major Thoroughfare Plan, (2) that Section 4.06 of the Subdivision Rule & Regu- lations be amended subsequently in order to elim- inate the necessity of pedestrian crosswalks in this subdivision. (3) that the subdivider supply corrected street names wherever such corrections are necessary in the opinion of the City Planner and further comply with the Subdivision Rules and Regulations in all respects, and FURTH R RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Superintendant of Schools, Fire Department, Police Department, Parks & Recreation Department and Members of the Plat Committee. 2301 The Chairman declared the foregoing resolution adopted: Mr. Mc Cullough announced the next item on the agenda was a Petition by the City Planning Commission on its own motion to determine whether or not the Master Thoroughfare Plan of the City of Livonia should be amended so as to change the designation and width of Yale Avenue a nd to reduce the width of Lyndon. There was a brief discussion as to there Yale Road was located on the Master Thoroughfare Plan. The question was asked if the road would be changed from where it is presently located on the Master Plan. Several commissioners examined the Merucci Bros. Subdivision plat which recently had its preliminary approval and which has Yale Avenue designated for the entire length of the subdivision. Mr. Anderson stated he felt that this item should be taken under advisement for further study before action is taken. Mr. Robinson stated he felt that the matter of Yale Avenue should be acted upon tonight even if the remaining items in the petition were not acted upon. Mr. Anderson questioned eliminating one of the mile roads by decreasing the width of Yale. Mr. calker questioned having a half mile road designated in a subdivision as it is at present, felt this was not proper planning. Mr. Angevine stated that in the Traffic Study, Yale is not designated as a 120 ft. highway. An interest/property owner stated she objected to the jog of Yale Avenue when it reaches Six Mile Road. Mr. Kane stated he would like to make a motion to approve afore- mentioned petition insofar a s it related to Section 20 and 21. Mr. Robinson supported Mr. Kane 's motion. Mr. Kropf stated that an amendment to the Master Plan requires an affirmative vote of at least six members of the Planning Commission. A roll call on the foregoing motion made by sir. Kane and support- ed by Mr. Robinson resulted in the following: AYES: Kane, Walker, Robinson and Angevine NAYS: Peacock and Okerstrom NOT VOTING: Anderson The Chairman declared the foregoing motion was no carried. 2302 Upon a motion duly made by Mr. Kane, supported by Mr. Robinson and unanimously adopted, it was #12-370-58 RESOLVED that Petition by the CitysPlan ingoCommiseion to determine whether or not the Plan of the City of Livonia should be amended so as to change hewidth of Lyndon, is of Yale Avenue and hereby tabled until to reduce the next regular meeting. The Chairman declared the motion is carried. Jar. Mc Cullough announced the next item on the agenda was a Pet- ition by the City rianning Commission on its own motion to deter- mine whether or not the soastodelete Hix and Lyndon Roads aeTrletPlan of the dof Livonia should be Section 19. Mr. 1"'ilfred Cann, 11}1}75 Newburgh objected to deleting Lyndon Avenue and inquired as to who would be made to pave a road if designated. Mr. Robinson informed Mr. Cann that the portion ofthe road finth the subdivision would be paved by the developer . 1Jr. Robinson r stated that he felt that the petition is incorrect and that it should be taken evedetermined Planner would tudythis item fther and submit his recommendations to the Commission at a Study Meeting. Upon a motion duly made by Mr. Kane, supported by Mr. Okerstrom and unanimously adopted, it was #12-371-58 RESOLVED that this Public Hearing is hereby duly ad- journed at 9:25p.m. on Tuesday, December 2, 1958. Recess was called at approximately 9:26 p.m. Mr. Angevine called the 99th Special Meeting to order at approximate- ly 9:35 p.m. with all those present now who were present a the end of the Public Hearing. Upon a motion duly made by Mr. f'-alker, supported by Mr. Peacock, it was #12-372-58 RESOLVED that, pursuant to a Public Hearing hvng been held on Tuesday, September 2, 1958, City Planning Commission does hereby deny Application TA-39 by Hugh Caverly requesting permission to remove top- soil located on the North side of Five Mile Road, east of Newburg Road in the Southwest 1/4 of Section 17, for the reason that the information submitted by the petitioner has not sufficiently shown the proper grade of the property so as to enable the Commission to favorably grant this Petition, a nd FURTHER RESOLVED, notice •.of the above hearing was • 2303 sent to the property owners within 500 feet petitioner, City Departments as listed in the Proof of Service aEd recommendations having been obtained from.' the Department of Public Works under date of August 6, 1958 and from the Police Department under date of August 6, 1958. A roll call vote on the foregoing resolution resulted in the follow- ing: AYES: Peacock, Kane, Walker, Anderson Robinson & Angevine NAYS: None NOT VOTING: Okerstrom The Chairman declared the resolution is adopted a nd petition is denied. Upon a motion duly made by Mr. Kane, supported by Mr. Peacock, it was #12-373-58 RESOLVED that, pursuant to Public Hearing aayssubmiten held on November 18, 195 on Kelly for a chane by John Hamilton agent for Lambrecht- of zoning in the Northeast 1/4 of Section 31 from RUFB to C-24 the City Planning Commission does hereby recom- mend to the City Council that Petition 7,-318 be denied for the follwing reasons: (1) zoning would not be in harmony with the comprehensive zningplanofthe City, (2) that the existing zoning is in harmony with the zoning of the surrounding properties and the uses permitted thereunder are sufficient to enable the petitioner to develop such land without undue hardship or detriment, and FURTHER RESOLVED, notice of the above hearing was pub- lished in the Official newspaper, eandan ticeheofiwhichnhearing under date of October 30, 195 eak & Ohio was sent to The Detroit Edison Co. , Chesapeak Railway Co., Michigan Bell Telephone Co. , oOhio Power Co., City Department and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the follow- ing: AYES : Peacock, Kane, Walker, Anderson, Robinson & Angevine NAYS : None NOT VOTING: Okerstrom The Chairman declared the resolution is adopted and petition is E denied. Upon a motion duly made by Mr. Ka ne , supported by Mr. Peacock, it was • • 2304 11 #12-374-58 RESOLVED that, pursuant to a Public Hearing having been { held on Tuesday, November 18, 1958 on Petition Z-320 as submitted by Mr. & Mrs . John E. Connolly, Mr & Mrs. John Martin and The Coventry Corporation for a change of zoning in the Southeast 1/4 of Section 16 from1R1B to PS, the City Planning Commission does hereby recom- mend to the City Council that Petition 71-320 be denied for the following reasons : (1) that the requested zoning would not be in harmony with the comprehensive zoning plan of the City. (2) that the existing zoning is in harmony with the zoning of the surrounding properties and the uses permitted thereunder are sufficient to enable the petitioner to develop such land without undue hardship or detriment , and FURTH Jt RESOL VID, notice of the above hearing was published in the official newspaper, The Livonian, under date of October 30, 1958 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co. , The Consumers Power Co. , City Departments and petitioners as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Kane, Walker, Anderson, Robinson & Angevine NAYS: None NOT VOTING: Okerstrom The Chairman declared the foregoing resolution is adopted and pet- ition is denied. Upon a motion duly made by Mr. Anderson, supported by Mr. Walker, it was #12-375-58 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, November 18, 1958 on Petition Z-322 submitted by Leo R. Burton & Margaret Burton, !°aalter H. Minge, and Gwendolyn Minge for a change of zoning in the Northw est 1/4 of Section 24 from RUFB to C-2 the City Planning Commission does hereby recommend to the City Council that Petition Z-322 be denied for the following reasons: (1) that the requested zoning would not be in harmony with the comprehensive zoning plan of the city, li (2) that the existing zoning is in harmony with the zoning of the surrounding properties and the uses permitted thereunder are sufficient to enable the petitioner to develop such land without undue hard- 1 1, 2305 ship or detriment, and FURTHER RESOLVED, notice of the above hearing was publish- ed in the official newspaper, The Livonian, under date of October 30, 1958 and notice of which hearing was sent to The Detroit Edison Co. , Chesapeak & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers Power Co. , City Departments and petitioners as listed in the Proof of Service . A roll call vote on the foregoing resolution resulted inthe follow- ing: AYES: Peacock, Kane, Walker, Anderson Robinson & Angevine NAYS: None NOT VOTING: Okerstrom The Chairman declared the resolution is adopted and petition is denied. Mr. Mc Cullough announced the next item on the agenda was Petition Z-324 by Mildred Melow, Abbie Curtis Scheunemann and Eckels Development are asking that the zoning classification on a parcel of land located on the Southwest corner of Five Mile and Newburgh Roads in the Northeast 1/4 of Section 19, portion of the proposed Castle Gardens Subdivision, be changed from RUFB to C-2, Public Hearing November 18, 1958 item be taken under advisement; study meeting November 25, 1958. Mr. Valker that area in petition is shown on the proposed master pattern to be a sh opping area for this residential section and it is also shown on the proposed shopping plan of the City. It was determined that the area in the petition was larger than designated on the Master Pattern. Mr. Walker further stated he felt that this area was in need of a shopping area because of the proposed subdivision and if no area is designated the residents of this subdivision would have to shop in the neighboring townshio which borders the proposed sub- division. Felt that the Planning Commission should determine a shopping area for this reason. Mr. Robinson stated he concurred with Mr. Walker and that before any action is taken on this petition, a study should be made to determine just how much of a commercial area there should be in this section. He stated that there w ere commercial areas in the surround- ing area proposed near the Country Homes Subdivision #5 and also the proposed Kingsbury Heights Subdivision. Mr. Angevine stated that this item would be taken under advisement for further study of the commercial area in this section. Mr. Angevine stated that the next item on the agenda was Petition Z-325 which pertains to a shopping center on a parcel of land / 2306 located on the Southeast corner of Five Mile Road and Eckles Road in the Northwest 1/4 of Section 19 be changed from RUFB to C-2, would also be taken under advisement for further study. Mr. Mc Cullough announced the next item on the agenda was Petition 7-332 by the City Planning Commission on its own motion pursuant to request from the City Council to determine whether or not Section 4.05 of Article 4.00 of Ordinance No. 6o, entitled "zoning Ordinance of the City of Livonia" should be amended. Public Hearing November 18, 1958 item taken under advisement; study meeting November 25, 1958, This petition pertained to the minimum lot size required in the City Of Livonia. Mr. Patrick Foley, who was representing Rodman Meyers, Attorney for several property owners in the northwest part of the City, asked if he would be allowed to speak at this time, in spite of the fact that this was not a public hearing. Mr. Angevine asked Jr.+ Robinson to take a poll of the Commission to determine whether or not they wished Mr. Foley to speak. AYES: Kane, 17alker, Anderson, Okerstrom, Robinson & Angevine NAYS: Peacock Mr. Angevine asked Mr. Foley to limit the time to three minutes. Mr. Foley stated they objected to the proposed ordinance due to the fact that a large part of the area has been platted at 60ft. and that there was no reasonable reason for upgrading the zoning as it will force the builders to build more expensive homes. Felt that the new ordinance would retard the development of the area and would also complicate the proposed master pattern and would not develope into a uniform pattern for the city. Stated further that they would like to see this amendment defeated. Upon a motion duly made by Mr. Peacock, supported by Mr. Anderson, it was #12- -58 RESOLVED that, pursuant to a Public Hearing having been held on November 18, 1958 on Petition No. Z-332 by the Planning Commission on its own motion pursuant to a request from the City Council, the City Planning Commission does hereby recommend to the City Council that Petition Z-332 be approved; provided, however, the Planning Commission does further recommend that Sections 19, 20, and 21 not be included in its recommendation with reepect to the proposed amendment to the zoning ordinance. FURTH :.R RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of October 30, 1958 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co. , The Consumers Power Co., City Departments as listed in the Proof of Service. 2307 > A roll call vote on the foregoing resolution resulted in the follow- ing: AYES: Peacock, Anderson, Angevine NAYS:: Kane, Walker, Okerstrom and Robinson The Chairman declared the motion was not carried, therefore resolu- tion is not adopted. Mr. Robinson questioned the hardships allowed in the ordinance in these particular areas. Mr. Angevine felt that this was probably a hang over from the original ordinance. Mr. Walker suggested that the Planning Commission formulate a motion amending the Council's amendment in relation to hardships . Mr. Robinson suggested deleting the statement ". . . .and provided fur- ther, that where any property owner can show to the Council of the City of Livonia that the seventy (70) foot minimum frontage and eighty four hundred (8400) squa re foot minimum lot area requirements impose a practical hardship upon the use of property due to special circumstances aria;ing from the location of such property, the Council, upon recommendation of the City Planning Commission may reduce such requirements to the extent that they seem such reduction is necessary. . . ." Upon a motion duly made by Mr. Robinson, supported by Mr.Anderson, it was #12-376-58 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, November 18, 1958 on Petition Z-332 as submitted by the City Planning Commission pursuant to a request from the City Council, the City Planning Commission does hereby recommend to the City Council that Petition 7-332 be approved, provided, however, that the following is deleted from said petition: ". . .and provided further, that where any property owner can show to the Council of the City of Livonia that the seventy (70) foot minimum frontage and eighty-four hundred (8400) square foot minimum lot area requirements impose a practical hardship upon the use of property due to special circumstances arising from the location of such property, the Council, upon recommendation of the City Planning Commission may reduce such requirements to the extent that they deem such reduction is necessary. . . ." and, FURTHER RESOLVED, notice of the above hearing was pub- lished in the official newspaper, The Livonian, under date of October 30, 1958 and notice of which hearing , C was sent to The Detroit Edison Co. , Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers i • 2308 Power Co. , City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the follow- ing: AYES: Peacock, Walker, Robinson, and Angevine NAYS: Kane, Anderson and Okerstrom The Chairman declared the motion is carried and the resolution is adopted. Mr. Mc Cullough announced the next item on the a gena was a motion by the City Planning Commission to hold a public hearing to deter- mine whether or not to amend Section 4.07 of Article 4.00, Section 7.05, 7.08, and 7.10 of Article 7.00 of Ordinance No. 6o of the City of Livonia. (R-3 Requirements) Mr. Peacock suggested that sub-section (c) of Section 4.07 of Article 4.00 be amended to read "2800 feet for each dwelling unit" instead of "3000 feet for each dwelling unit". Upon a motion duly made by Mr. Peacock, supported by Mr. Walker and unanimously a dopted, it was ,A""" #12-377-58 RESOLVED that, pursuant to Section 20.01 of the Zoning " Ordinance of the City of Livonia, Ordinance No. 60, as amended, the City Planning Commission at this time on its own motion does hereby amend sub-section .(c) of proposed revision of Section 4.07 of Article 4.00 to read "2800. sq. ft. '+ and, FURTHER RESOLVED that, a public hearing be held to deter- mine whether or not to amend Section 4.07 (as amended) of Article 4.00, Sections 7.05, 7.08 and 7.10 of Article 7.00 of Ordinance No. 6o of the City of Livonia, entitled "ronine Ordinance of the City of Livonia" as follows : THE CITY OF LIVONIA ORDAINS: Section i. Section 1}.07 of Article 1}.00 of Ordinance No. 60, as amended, is hereby amended to read as follows : Section 4 007 Minimum Lot Area for Dwellings. The minimum lot areas regired for the sites of all dwellings, together with accessory buildings, hereafter erected, are hereby established as follows : (a) One-family dwellings. Each one-family dwelling, to- gether with accessory buildings, shall be located on a lot of a size and width not less than the minimum re- quirements for a lot provided in Section 4.05 of this ordinance; (b) Two-family dwellings. Each two-family dwell_1ng shall be located on a lot o a s ze and width noess ._ 2309 than the minimum requirements for a lot provided in Sec... rnJl .bc of this ordinance, plus four hundred' 00 square feet for each room of ei, .ht _0130 or more square feet use or dwe ing purposes iin�-excess on one lj living unit; (c) Other dwellin s. teach dwelling other than a one- famil or two- amil dwellin shall be located n a loto su icient area to provide twe-thousand eoight hundred (21300) square feet for each dwelling unit to be contained therein; (d) Lot Limitations . N o more than one dwelling shall be placed on a single lot within a recorded plat, ex- cept that parcels described as "outlots" may be so arranged or subdivided as to provide for one or more dwellings when the land area allocated to each dwell- ing is equal to or greater than the lot area required for the district, and the dwelling a nd land complies with all of the ocher requirements of the district in which it is located. 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. flo Section ,. 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 portion of this ordinance. THE CITY OF LIVONIA ORDAINS: Section 1. Article 7.CO of Ordinance No. 6o, as amended as follows : Section 7.01__ plication of Article. The regulations set forth in this article siva 1 apply in all R-3 Districts . Section 7,02 Uses Permitted. In all R-3 Districts no build- ing or i n' except as otherwise provided in this ordin- ance, shall be erected or used except for one or more of the following specified uses : (a) All uses permitted in R-2 Districts : (b) Multiple dwellings, apartment houses, rooming houses , and hotels, on a roval of f the City Planning Commission. The app Leant shall submit to the Citz_ Plannin: Commission a site .lan indicati _ the loca- t on o a .ui d ngs s ruc ores oin s o in ess a�ncle resss and off-street parkin facilities. Cit arming Commission a rove s a e_ran a on y wnie�'e the require s to plan indicates that the pprro_ posed use is not likely to enda er or be detrimental to tie pu is safety an welfare, and where all other 2310 reqirements of this article have been complied with. Section Z.03 Building Height. No building hereafter erected or altered in R-3 Districts shall exceed thirty-five (35) feet in height or two and one-half (2-1/2) stories, except, however, that buildings per- mitted in these dis tricts under this ordinance for non-dwelling purposes, other than accessory buildings, may be erected to a height not to exceed fifty-five (55) feet, if approved by the City Planning Com- mission as not being injurious to contiguous pro- perty and if being in accordance with the spirit and purposes of this ordinance. Section 7:Q) Front Yard. Each lot in R-3 Districts s a aye a front ya rd of not less than thirty- five ( ) feet in depth• Section .0 Side Yards : Residential Use. Every lot on which a multiple dwelling erect d hall be provided with a side yard on each sdde of such lot. Each such side yard shall have a minimum width of twenty (20) feet which shall be increa sed by one- half (1/2) foot of each ten (10) feet or part there- of by which the length of the multiple dwelling ex- ceeds fifty (50) feet in over-all dimension along the 1[40 adjoining lot line. Sectioim 7.06 Side Yards; Non-Residential Use. Every lot on which a building or structure used for non- dwelling purposes, other than accessory buildings is erected, shall be provided with a side yard on each side of such lot. Each such side yard' shall have a minimum width of twenty (20) feet w hich shall_ be increased by one (1) foot for each five (5) feet or part thereof by which the length of the building or structure exceeds fifty (59) feet in over-all dimension along the adjoining lot line and also, ty an additional one (1) foot for every two(2) feet or part thereof by which the height of such building or structure exceeds thirty-five (35) feet. Section 7.07 Side Yards; Abutting Upon, Street In R-3 Districts the width of side yards abutting upon a street shall not be less than twenty (20) feet at the first floor level, when rear yards abut rear yards; however, in the case of a rear yard abutting a side yard of an adjacent lot, the side yard abutting upon a street shall not be less than twenty-five (25) feet . Section 7.08 Rear Yards Each lot in an R-3 District shall have a rear yard of a depth of not less than thirty-five (35) feet. 2311 "` Section 7.09 Off Street Parking Facilities. Off-Street parking facilities shall be provided as herein.before specified in Sections 4.37 to 4.40, inclusive, of this ordinance. Section 7.10 Frontin& o n Public Street. Each multi- p1e dwelam. ng s a ron on apubl is street. Section 2. All ordinances or parts of ordinances in conflict fierewith 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 contrued as affecting the validity of the remaining portion of this ordinance. that a hearing be held 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 a report submitted and recommendation thereon to the City Council. The Chairman declared the motion is carried and a public hearing will be held. I: The following resolution was made by Mr. Peacock which died for lack of support : #12- -58 RESOLVED that, pursuant to a Public Hearing having been held on November 18, 1958 on Petition 2-316 as submitte d Frank J. & Viola Volk for a change of zoning on a parcel of land located South of Six Mile Road approximately 4000 ft. East of Newburgh between Farmington and Newburgh in the Northeast 1/4 of Section 17 and Northwest 1/4 of Section 16 from AGB to R1A, the City Planning Commis- sion does hereby recommend to the City Council that Petition 7-316 be denied for the following reasons : (1) that the requested zoning would not be in harmony with the comprehensive zoning plan of the City, (2) that the existing zoning is in harmony with the zoning of the surrounding properties and the uses permitted thereunder are sufficient to enable the petitioner to develop such land without undue hard- ship or detriment. Upon a motion duly made by Mr. Robinson, supported by Mr. Anderson, it was #12-378-58 RESOLV 2D that, Petition Z-316 by Frank J. & Viola Volk requesting a change of zoning on a parcel of land locat- ed South of Six Mile Road approximately 44000 ft. East of Newburgh between Farmington and Newburgh in the Northeast 2312 ILJ1/4 of 'section 17, is hereby tabled until the next re- gular meeting in January. A roll call vote on the foregoing resolution resulted in the following : AYES: Kane, Walker, Anderson, Robinson a nd Angevine NAYS: Peacock a nd Okerstrom The Chairman declared the motion is carried and Petition Z-316 is tabled. Mr. Mc Cullough announced the next item on the agenda was Petition Z-327 by John F. Uznis Builders, Inc., who are asking that the zoning classification on a parcel of land located on the South side of Five Mile Road approximately 1300 feet East of Leval Road in the Northeast 1/4 of Section 20 be c8hanged from AGB to R1A and item taken under advisement; study Public Hearing November 18, 1958, meeting November 25, 1958. Mr. Uznis, who was present, was his sasked would e willing to delete the request of R 3 petition asfiledandto verbally amend it to read R1A. Mr. Uznis stated he would be a greeable. Upon a motion duly made by Mr. Robinson, supported by Mr. Peacock IL and unanimously adopted, it was #12-379-58RES0LVED that, Mr. John F. Uznis be allowed to verbally amend Petition 7-327 to delete his request for R-3 zoning and to amend his request from R1 to R1A and that a letter confirming this be submitted to the Planning Commission. The Chairman declared the motion is carried and petition is amended. Upon a motion duly made By Mr. Peacock, supported by Mr. Okerstrom and unanimously adopted, it was ##12-380-58 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, November 18, 1958 on Petition Z-327, as amended by Resolution #12-379-58, submitted by John F. Uznis 3uilder, Inc., for a change of zoning in the North- east 1/4 of Section 20 from AGB to R1A, the City Planning Commission does hereby recommend to the City Council that Petition Z-327 be gra nted, as amended, and FURTH11 RESOLVED, notice of the above hearing was publish- ed in the official newspaper, The Livonian, under date of October 30, 1958 and notice of which hearing was sent to The Detroit Edison Co. , Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Co. , City Departments and petitioner as listed in the Proof of Service. The Chairman declared the motion is carried and Petition Zi4327 is granted as amended. __ --__ __ 2313 Mr. Mc Cullough announced the next item on the agenda was Petition 2.4335 by the City Planning Commission on its own motion to determine whether or not a parcel of land located approximately 402 ft . north • of Schoolcraft between Middlebelt and the west line of Buckingham Village Subdivision #2 and situated inthe Southwest and Sourtheast 1/4 of Section 2 be changed from R-3 to R1A. Public Hearing November 18, 195 , item taken under advisement; study meetingNovember 25, 1958. Mr. Mc Cullough stated that a Mr. Wilson representing certain property owners of property designated in Petition Z-335 has requested that this petition be tabled until he can formerly submit his objections to the petition. Mr. Okerstrom suggested that Mr. V;ilson be allowed to speak at this time in order to give the Commission an idea of his objections now rather than by letter. Mr. Gordon, of Gordon-Begin requested that he be allowed to speak also. Mr. Angevine requested Mr. Robinson to take a poll on whether or not the Commission desires Mr. Wilson and Mr. Gordon to speak. AYES: Peacock, Kane, Walker, Anderson, Okerstrom, Robinson and Angevine. NAYS: None Mr. Angevine requested that these gentlemen limit their statements to three minutes. Mr. Gordon stated he felt that the reason the Commission is request- ing this change from R-3 to R1A is a fear that the developer may build • intermittently. single' and multiple dwellings within the same area; Mr. Gordon further stated if this is the Commission's reason for this; rezoning, that they would be willing to enter some arrangement that would prohibit this to take place, and they would also be willing to replatt it in order to prevent such a thing to happen. Mr. Okerstrom stated that was one of the reasons and asked Mr. Gordon if he owned the adjacent property. Mr. Gordon stated they did not, that Mr. rilson was the owner of this property. Mr. Wilson stated he represented the property owners of the property in question and they object to the proposed change in zoning. Stated further that the property has been zoned R-3 since the zoning ordinance has been enacted, and that the property owners feel this is confiscating their land without due process of law. Felt that re- zoning to R1A was downgrading the property. Stated he would like to submit his written objections to this rezoning. Mr. Robinson stated he would like to see the proposed replatting of this area as suggested by Mr. Gordon. Mr. Gordon stated he mould have this drawn up for the next study meeting of the Commission, December 9, 1958. Mr. Angevine stated that this item would be taken under advisement until after the next Study Meeting. 2314 Mr. Mc Cullough announced the next item on the agenda was Petition Z-328 by the City Planning Commission on its own motion to determine whether or not Section 20.01 of Article 20.00 of Ordinance No.60, entitled "Zoning Ordinance of the City of Livonia" should be amended. Public Hearing November 18, 1958, item taken under advisement; study meeting November 25, 1958. (Filing Fees) Mr. Patrick Foley, representing Rodman Meyers for property owners in the Northwest section of the City, requested. permission to speak at this time but was denied the privilege 'after a roll call vote on the subject. A roll call vote resulted in the following: AYES: Kane, Walker, Angevine, Peacock, Anderson, Okerstrom and Robinson NAYS: None Upon a motion duly made by Mr. Robinson, supported by Mr. Kane and unanimously adopted, it was #12-381-58 RESOLVED that, Petition Z-328 having been considered at a Public Hearing on November 18,1958, the Planning Com- mission does hereby amend that portion of the petition relating to filing fees so as to provide that such fee shall in no event exceed 01500.00 with respect to any request for a change of zoning. The Chairman declared the motion is carried and petition Z-328 is amended. Upon a motion duly made by Mr. Robinson, supported by Mr. Walker, it was #12-382-58 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, November 18, 1958 on Petition Z-328 as submitted by the City Blanning Commission on its own motion to determine whether or not Section 20.01 of Article 20.00 of Ordinance No. 60, entitled "Zoning Ordinance of the City of Livonia" should be amended, the City Planning Commission does hereby recommend to the City Council that Petition Z-328 as amended by Resolution #12-381-58 be approved, and FURTHER RESOLVED, notice of the a bove hearing was pub- lished in the official newspaper, The Livonian, under date of October 30, 1958 and notice of which hearing was sent to the Detroit Edison Co., Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Co., City Departments and petitioner as listed on the Proof of Service. Mr. Angevine asked Mr. Robinson to take a poll whether or not the audience should be allowed to speak at this time. . 2315 AYES: Kane, ?T°alker and Angevine 3 NAYS: Peacock, Anderson, Okerstrom and Robinson A roll call vote on Resolution #12-382-58 Resulted in the following: AYES: Peacock, Kane, r"alker, Anderson, Okerstrom, Robinson, and Angevine NAYS: hone The Chairman declared the motion is carried and Petition 7-328 is approved as amended. Upon a motion duly made by Mr. Robinson, supported by Mr. Kane and unanimously adopted, this 99th Special Meeting was duly adjourned at approximately 10:45 p.m. on Tuesday, December 2, 1958. ATTESTED: if?fit' _--. ... .- .....------ - ---- . R. . An vine, C airman tilliam R. Robinson, Secretary