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HomeMy WebLinkAboutPLANNING MINUTES 1961-10-031.mm. 3490 MINUTES OF A PUBLIC HEARING AND THE 135TH SPECIAL MEETING OF THE CITY 11[: PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, October 3, 1961 the City Planning Commission of the City of Livonia held a public hearing and the 135th Special Meeting at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Charles W. Walker, Chairman, called the public hearing to order at approximately 8:05 p.m. . Members present: James Cameron, Leonard K. Kane, Robert L. Angevine, James Watson, Jr. , Charles W. Walker Members absent : ##Dennis Anderson,#W. E. Okerstrom, Robert M. Peacock and Robert L. Greene Mr. David R. McCullough, City Planner was present along with approximately 50 inter- ested persons in the audience. Mr. McCullough: The first item on the agenda is Petition M-231 by Harold Speer requesting approval to erect a church on property located on the west side of Harrison approximately 820 feet south of Six Mile Road in the Northwest 1/4 of Section 13. Reverend Speer was present. Mr. McCullough explained to the audience and commission that Reverend Speer contem- plated on using the existing residence on the property for approximately five or ten years before building a permanent church building. At that time it would be • 1[401 built of brick on the outside and block in the inside. The seating capacity would be approximately 110. #Mr. W. E. Okerstrom arrived at approximately 8:06 p.m. Mr. McCullough asked Reverend Speer if the trees were going to be removed. Reverend Speer answered that they would make use of the natural beauty existing. Some of the trees would have to be removed for the building. He explained that the main row of trees • not on this property. ##Mr. Dennis Anderson arrived at approximately 8:07 p.m. Mr. Walker: You say you are going to use the existing building for five or ten years? Rev. Speer: Yes, Captain Perry of the Fire Department and someone from the Building Department have already investigated and they will approve it being used with some improvements. Mr. Walker: What about the parking? Rev. Speer: Parking will be in front. There is a driveway around the house and until that time when we enlarge and need additional room for parking, we will use the driveway itself. the west half of It was determined that the dedication of/Harrison had not been given as yet and that part of the area in front would be in the right-of-way. Mr. McCullough stated if they used the area in front it would have to be graveled. 3491 Mr. Walker: Is there anyone in the audience who wishes to speak? 1[40 Mr. Harold Henderson: I have a petition signed by the property owners in the 16710 Harrison) Park Woods Subdivision who are not in favor of having this church built there. Mr. Henderson presented the petition to Mr. Walker. He then stated that it was felt by the majority that if the church were allowed to be built, it would cause a traffic hazard in that area. Also,it might lower the value of their homes. He also stated that Reverend Speer hadn't contacted the people in the neighborhood, that perhaps if he would talk with them they might feel differently. But at the present time, they all feel that this is strictly a residential area and they object to this use. Mr. Henderson asked those who lived in the Park Woods Subdivision to stand up. There were approximately twenty (20) persons from the subdivision in the audience. Mr. Walker: The question of traffic is one of our biggest concerns. Do the people feel that it should be strictly residential? Do they feel a church will be detrimental to their property? Mr. Henderson: Yes, they do. Ask them to stand if they feel it will be detrimental to their property. Approximately thirteen people in the audience stood up. Mr. Charles Forrest, Jr. , Assistant Attorney arrived at approximately 8:15 p.m. Mr. Merrill E. Shaeffer: I live directly north of the property. Our names are on 16885 Harrison) the petition but we didn't have all the details. We are not objecting to the church but the street is in such a condition that it breaks down in the spring. Also, we feel the sewers are not adequate and this results in very bad drainage in the spring of every year. Mr. Anthony DiCocco, 27978 Stanmoor objected to the church because of the traffic hazard it will create due to Harrison being a dead end street. He stated there were a number of children in this area and they were not use to traffic. Mr. Walter Abraham, 28104 Terrance stated he felt that a church would be an improve- ment over what exists at the present time. As for the traffic, he felt that this is a problem in any area where there is a church or school. He stated that he felt this was a problem for the Police Department. Mr. Harry Buzbuzian, 28023 Stanmoor Dr. , Mr. Charles Thiemann ,16715 Stanmoor Dr. also objected to the proposed church. Mr. Watson: I would like additional time to review this and investigate the area in regards to the drainage. Mr. Walker: If there is no objection from the commission, the Chair will take this under advisement until we have further information to make a decision upon. When we are prepared, we will inform the secretary to notify Mr. Henderson as to when this item will be on the agenda for action. Mr. McCullough: The next item on the agenda is Petition M-232 by Jerome C. Hirsch requesting approval for a private educational institution on property located on the South side of Seven Mile Road approximately 1200 feet west of Merriman Road in the Northeast 1/4 of Section 10. 3492 Mr. Jerome Hirsch was present. Mr. Okerstrom: Can we limit the number of students in this foster home? Mr. Forrest: You can limit the number in your resolution. Mr. Hirsch: At the present time we are planning on five, maybe six. There would be no more than twelve regardless. This would be maximum and I doubt if we would ever have twelve. But if you set a limit of twelve it would give us some flexibility. We would not go over twelve. Mr. Walker: Is there anyone in the audience who wishes to speak? Mr. Jacob Breitenback, 31750 W. Seven Mile Road asked why a zoning petition was before the City Council at the present time to change the zoning. Mr. McCullough explained that this zoning petition had been referred to the City Council by the City Planning Commission. The Planning Commission had recommended denial for the reason that the Department of Law had determined that no zoning change was necessary for this use in the present zoning of that area. The reason it was before the City Council was a matter of procedure. Mr. Hirsch stated he had no intention of attending the Council meeting and objecting to the Planning Commission's recommendation. Upon a motion duly made by Mr. Anderson, supported by Mr. Angevine, it was #10-169-61 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, October 3, 1961 the City Planning Commission does hereby grant Petition M-232 by Jerome Hirsch requesting approval for a prate educational institution in the Northeast 1/4 of Section 10 subject, however, to the following condition: (1) that twelve (12) will be the maximum number of children allowed in this private educational institution, FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Watson, Angevine, Anderson, Kane, Okerstrom and Walker NAYS: None Mr. Walker: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is the proposed Kimberly Oaks Subdivision #4 located 277 ft. North of Schoolcraft Road immediately East of Brookfield in the Southwest 1/4 of Section 22. Submitted by George 11[: pastor & Sons. Mr. George Pastor and Mr. Arthur Pollack, Fort Investment Company, developers of Rosemor Manor Subdivision were present. 3493 Mr. Pastor informed the Commission that the retention basin now in his subdivision #3 was to be removed and that this proposed plat before the commission was to have an area for the retention basin in addition to 8 lots. This proposed plat was an addition to Rosemore Manor Subdivision and not Kimberly Oaks Subdivision. The re- tention basin was to be used jointly, however, between the two subdivisions. An agreement had been made between the two developers that whoever built first in that area would build the retention basin. A copy of the agreement was presented to Mr. Walker for the records. Mr. Pollack stated that the retention basin would not be platted until such time that it was ascertained that the retention basin was no longer needed. Mr. Walker accepted the agreement but informed Mr. Pastor and Mr. Pollack that it would have to be examined by the Department of Law. He asked if the Engineering Department had examined this new retention basin. Mr. Pastor stated they had and that it was agreeable to them. Mr. McCullough informed the commission that this had started originally with the City Council and they had asked the Engineering Department to check it out. He further stated that there has been considerable trouble with 100 ft. lots due to there not being enough room for a detached garage. He felt that a condition should be made on this proposed plat that the homes built upon these lots will have attached garages. Mr. Walker: Is there anyone in the audience who wishes to speak? Mr. Robert Lewalter, 14006 Brookfield stated he owned the property directly north 1[4; of the proposed plat. He objected to four lots backing into his property, felt there might be a drainage problem. It was ascertained that once the street is opened up after the retention basin is removed, that there would not be any drainage problem. Upon a motion duly made by Mr. Kane, supported by Mr. Anderson and unanimously adopted, it was #10-170-61 RESOLVED that, pursuant to a public Hearing having been held on Tuesday, October 3, 1961 the City Planning Commission does hereby give approval to the preliminary plat of the Kimberly Oaks Sub. #4 located in the Southwest 1/4 of Section 22, on the East side of Brookfield approximately 277 ft. North of Schoolcraft Road, subject, however, to the following conditions: (1) that when the final plat is submitted the developer shall have two alternatives as to any lot which is less than 120 feet in depth, viz: (a) that he can demonstrate to the building inspection department how a detached garage can be erected thereon without a variance, OR, (b) that he can file a subdivision restriction simultaneously with the final plat agreeing never to erect detached garages on such plat. (2) that the developer satisfy the fire department as to the size and location of water lines and fire hydrants; (3) and that the Department of Law approve an agreement submitted re- lating to the location and cost of the construction of the retention basin as shown on the above plat, 3494 FURTHER 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, Superintendent of Schools, Fire Department, Police Department, Parks & Recreation Department IL: and Members of the Plat Committee. Mr. Walker: The motion is carried and the foregoing resolution is adopted. Upon a motion duly made by M- . Angevine and supported by Mr. Kane, it was #10-171-61 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on Tuesday, October 3, 1961 at approximately 8:50 p.m. A roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Watson, Angevine, Anderson, Kane, Okerstrom and Walker NAYS: None Mr. Walker: The motion is carried and the foregoing resolution is adopted. * * * * * * * Mr. Walker called the 135th Special Meeting to order at approximately 8:51 p.m. with all those present now who were present at the time the public hearing was adjourned. Mr. McCullough: The next item on the agenda is Petition Z-521 by the City Planning Commission pursuant to City Council's Res. #561-61 to determine whether or not to amend sub-section (f) and adding thereto sub-section (g) of Section 10.02 and amend sub-section (h) of Section 11.02 of the Zoning Ordinance of the City of Livonia, Ordinance No. 60. These sections are relative to regulating the size of signs in Livonia. Public Hearing 9/19/61 taken under advisement until the oil industries submit the 11[: average size of their gas station signs. Mr. W. J. Marzolf, Associate Secretary of the Associated Petroleum Industries of Michigan, 11& Ottawa, Lansing was present aling with several gas and oil company representatives. He stated their objections to the proposed sign ordinance. He felt it would hurt every business and industry in Livonia. A suggestion was made that certain specifications be inserted in the ordinance for oil industries pertaining to their signs using the average sign that they presently are using so that a standard could be made. Mr. McCullough informed those present that there will be no limitation to signs attached flat to the building. These are excluded from the ordinance. Only one sign on a pylon or on top of the building will be allowed in the proposed ordinance. Mr. Marzolf asked about the "banjo type sign" put up by Standard Oil Company. Mr. McCullough stated only one of these would be allowed under the ordinance. Mr. Marsolf asked about a sign for the sale of tires, or a change in the price ofgas, or the sign put out by Standard, "When you travel, ask us". Would these be included? Mr. McCullough stated these would not come under the ordinance. Mr. Walker informed those in the audience that the reason this proposed ordinance was compiled was because there were businesses who took advantage of the sign ordinance by erecting signs around their place of business. If this was allowed to continue, it was felt that it would create a "honky tonky" look to the city. He continued by stating that it was the duty of the Planning Commission to see that this doesn't happen. It was not the intention of the Commission to be hard to get along with. The Planning Commission took enough interest to invite the representatives of the gas and oil companies to the meeting in order to obtain their minimum and maximum in signs. It was not the intention of this ordinance to take advantage of 3495 any oil companies. We want to live with them and we want them to exist as they have in the past. The PlanningCommission is satisfied with most of the signs. We have seen signs of a large business completely blanking out a smaller business next door. That is why we have based the size of the sign on the size of the building. Mr. Walker concluded by suggesting that perhaps something could be worked out with- in the Associated Petroleum Industries organization by contacting their members and having them submit the information to the Planning Commission office. Mr. Marzolf stated be would discuss this with them and let Mr. McCullough know of his findings. Mr. R. Fisher, Sun Oil Company asked about a station being located at an inter- section. Would only one sign be allowed? Mr. McCullough stated that is so - only one sign. He referred to the revolving sign erected by Standard Oil Company. This would remedy the situation at an intersection. Mr. Fisher stated that at an inter- section it was a case of serving two streets - this is reason for putting two signs up. Mr. McCullough answered by saying the revolving sign would be seen by both streets. Mr. Citrin from the Citrin Oil Company stated he did not completely agree with the statement that the sign should be in proportion to the size of the building and the business. The building has no relation to the size of the business. You should give consideration to the total business area which includes the pumps, driveway, building, etc. He continued by stating the safety factor should be considered in the number of signs allowed. A motorist should be given a safe distance to know that there is a station there. Also,in most cases, the motorist is aware of a business by the building itself, but in the case of a service station the building 1[4i is usually set back a good distance from the road preventing the motorist from seeing the building from a distance. He depends on the signs to let him know there is one ahead. I do not think that the oil companies have abused the sign ordinance. Mr. Irwin of the Shell Oil Company asked about their"banner type" sign. Mr. Walker stated under the proposed ordinance it would not be allowed. Mr. Irwin stated that this would mean that it would be allowed in surrounding communities but not allowed in Livonia. This would create quite a problem. Mr. McCullough informed those present that the temporary type signs would not be included in the new ordinance and he would suggest that this be spelled out in the ordinance. He suggested that Mr. Marzolf incorporate the suggestions made tonight and submit them for the next meeting which is scheduled in two weeks. He concluded that this was an urgent matter. Mr. Walker stated that this item would be taken under advisement until the next scheduled meeting to be held on October 17, 1961. The Chairman called recess at approximately 9:35 p.m. * * * * * * Mr. Walker called the 135th Special Meeting back to order at approximately 9:45 p.m. with all those present now who were present at the time recess was called. Upon a motion duly made by Mr. Kane, supported by Mr. Cameron, it was IL: #10-172-61 RESOLVED that, pursuant to the report and recommendation of the Bureau of Inspection dated September 21, 1961, the City Planning Commission does herein authorize the release of the bond dated April 2, 1959, in the amount of $28,500.00 by the Standard Accident Insurance Company posted with the city in connection with Topsoil 3496 removal operations performed under Permit No. 47 (Application TA-46) issued to Dan Holloway Construction Company; it appearing from the above report that all ordinance provisions and rules and regulations have been complied with; and the City Clerk is herein authorized to do all things necessary to the full performance of this resolution. A roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Watson, Angevine, Anderson, Kane, Okerstrom and Walker NAYS: None Mr. Walker: The motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Kane, supported by Mr. Cameron and unanimously adopted, it was #10-173-61 RESOLVED that, pursuant to the report and recommendation of the Bureau of Inspection dated September 21, 1961, the City Planning Commission does herein authorize the release of the bond dated September 2, 1960 in the amount of $2,000.00 by the St. Paul Fire and Marine Insurance Company of Saint Paul, Minnesota posted with the city in connection with topsoil removal operations performed under Permit No. 72 (Application TA-74) issued to Raney Brothers; it appearing from the above report that all ordinance provisions and rules and regulations have been complied with; and the City Clerk is herein authorized to do all things necessary to the full 1[41i performance of this resolution. Mr. Walker: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is final approval requested by developer, Slatkin Builders, for Country Homes Estates Subdivision located on the Northeast corner of Newburgh and Five Mile Roads in the Southwest 1/4 of Section 17. Mr. Hermanoff was present for the developers. Mr. McCullough: This would have to be approved subject to the correction of several street names. After a brief discussion pertaining to whether cr notit would be advisable to designate one lot as an outlot in the event that the parcels of land fronting on the East side of Newburgh Road and not included in the Country Homes Estates Subdivision is ever developed, it was determined that an outlot should be designated so as to permit an east/west street to continue to Newburgh Road. Mr. Hermanoff sug- gested Lot #25. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Kane and unanimously adopted, it was #10-174-61 RESOLVED that, final plat of the Country Homes Estates Subdivision located on the Northeast corner of Newburgh and Five Mile Roads in the Southwest 1/4 of Section 17 be given final approval, subject, however, to the following: (1) that the City Planner correct several street names; and 3497 (2) that Lot #25 be designated as a outlot for a period of 1[41; two years, and FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission January 10, 1958 and April 7, 1959; and it further appearing that said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Worp5Rnder date of July 7, 1959; and it further appearing that a gond in the amount of $263,000.00 to cover the installation of improvements has been filed in the office of the City Clerk under date of September 28, 1961; such bond having been approved by Charles J. Pinto, Assistant City Attorney on October 2, 1961 it would therefore appear that all the conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. Mr. Walker: The motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Kane, supported by Mr. Cameron and unanimously adopted, it was #10-175-61 RESOLVED that, the City Planning Commission, pursuant to Section 20.01 of the Zoning Ordinance of the City of Livonia, does hereby establish and order that a public hearing be held to determine whether or not to rezone that property, not already zoned C-2 in I[: the following described property, from RUFB (Urban Farms) and R-1A (One-family Residential) to C-2 (Commercial Business): A parcel of land located in the Southeast 1/4 of Section 2, T. 1 - S. , R. 9 E. , City of Livonia, Wayne County, Michigan, being more particularly described as follows: Beginning at a point on the southeast corner of Section 2, T. 1 S. , R. 9 E. and proceeding thence along the south line of Section 2 north 89° 52' 30" west 1536.61 ft. ; thence due north 1028.9 ft. ; thence north 89° 52' 30" west 434.82 ft. ; thence due north 289.0 ft. ; thence south 39° 52' 30" E. 1968.55 ft. to the east line of Section 2 (centerline of Middlebelt Road); thence due south along east line of Section 2 1323.08 ft. to the point of beginning. (49.557 acres). FURTHER RESOLVED, that a hearing be held and 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 a report sub- mitted and a recommendation thereon to the City Council. Mr. Walker: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is a letter dated September 1[1r 18, 1961 from the East Detroit Housing Inc. by George Seyburn who is requesting an extension of approval on the Bell Valley Subdivision located in the South half of Section 16. This subdivision is located west of Ashurst and North of Five Mile Road. The preliminary approval was granted September 24, 1957. No extensions were ever granted and no bond has been set for the improvements. 3498 After a brief discussion it was determined that this subdivision plat would have to have another public hearing due to the fact that the zoning has been changed since the plat was given approval in 1957. 11[: Mr. McCullough stated he would notify the developer. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Watson, it was #10-176-61 RESOLVED that, the City Planning Commission does hereby approve the minutes for the meeting held on Tuesday, August 15, 1961 except for that member who was not present, he abstain from voting. AYES: Cameron, Watson, Angevine,Anderson, Kane, O..erstrom and Walker NAYS: None Mr. Walker: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is a request dated September 29, 1961 from Burt Homes, Inc. , for approval of renumbering certain Meri-Lynn Farm Subdivisions located in the Southeast 1/4 of Section 22. Mr. Irving Levine was present for Burt Homes, Inc. and explained their reason for renumbering the subdivisions. He stated they would like to improve the east half of Meri-Lynn No. 7 and one lot on the north side of Granda and Arden. This sub- division would become Meri-Lynn Farms No. 5. The old Meri-Lynn Farms No. 5 would then be added to the remainder of Meri-Lynn Farms No. 7 Units 6, 8 and 9 would then remain exactly as they were previously approved. It was determined that there was no actual change in the plat therefore no formal resolution was necessary. Mr. Levine was given permission to renumber his sub- divisions. Mr. McCullough: The next item on the agenda is a motion to hold a public hearing to determine whether or not to rezone certain lots along Plymouth Road between Merriman and Hubbard, (located south of Plymouth Road) from C-1 to P-1 in order to establish parking areas for the businesses along said area. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Anderson, it was #10-177-61 RESOLVED that, the City Planning Commission, pursuant to Section 20.01 of the Zoning Ordinance of the City of Livonia, does hereby establish and order that a public hearing be held to determine whether or not to rezone the following described property: Lots 225, 226, 227 and 228 of the Rosedale Gardens #1 located in the Northeast 1/4 of Section 34, from C-1 (Local Business) to P-1 (Parking. This property is located 1[10 on the South side of Plymouth Road between Ingram and Blackburn Streets in the Northeast 1/4 of Section 34. FURTHER RESOLVED, that a hearing be held and 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 a report sub- 3499 mitted .and a recommendation thereon to the City Council. A roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Watson, Angevine, Anderson, Kane, Okerstrom and Walker NAYS: None Mr. Walker: The. motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Kane and unanimously adopted, the City Planning Commission does hereby adjourn the 135th Special Meeting held on Tuesday, October 3, 1961 at approximately 10:15 p.m. CITY PLANNING COMMISSION ez 'J. E. Okerstrom, Secretary ATTESTED BY: 11[: // A f/Vr W-C:LiZt Cha les W. Walker, Chairman