HomeMy WebLinkAboutPLANNING MINUTES 1961-10-031.mm.
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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.
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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.
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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.
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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,
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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
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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
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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
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(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.
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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-
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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