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HomeMy WebLinkAboutPLANNING MINUTES 1962-04-24 3441 MINUTES OF A PUBLIC HEARING AND THE 138TH REGULAR MEETING OF THE CITY I[: PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, April 24, 1962 the City Planning Commission of the City of Livonia held a public hearing and the 138th Regular Meeting at the 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: Robert L. Angevine, Leonard K. Kane, W. E. Okerstrom, James Cameron, James Watson, Jr. , Charles W. Walker, Robert L. Greene and Dennis Anderson Members absent : Arthur Samuels Mr. David R. McCullough, City Planner and Mr. Charles Forrest, Jr. , Assistant City Attorney were present along with approximately twenty-five interested persons in the audience. Mr. McCullough: The first item on the agenda is Petition Z-551 by Charles Broombaugh who is asking that the zoning classification on property located on the west side of Fremont approximately 250 ft. South of Norfolk in the Northeast 1/4 of Section 2 be changed from RUFB to RLA. Mr. Broombaugh was present. He stated he had a house located on the east side of Middlebelt which he proposed to have moved upon the property in question. This house has been approved by the Bureau of Inspection. He stated he purchased the lot in 1959. It had been listed as a useable lot but when he applied for a building permit he was informed he could not use it until it was rezoned. The lot is 90' x 135' . He continued by stating that the house he intends to move unto the property has a square footage of 1700 ft. and consists cf two stories. There are 8 rooms and 2 - full baths. Mr. Walker asked if there was anyone in the audience who wished to speak? He asked the members of the commission if they had all read the letter of recommendation from Mayor Moelke? Mr. Angevine asked if this was a legal division of this lot? Mr. McCullough answered that it was only a legal division if the petitioner is able to rezone it. Apparently in 1959 the Tax Department permitted the owner of the property at that time to split it for the records. The present owner now finds out it is zoned RUF and he is not able to obtain a building permit which makes this an unuseable piece of property. Mr. Walker asked if this could be considered a hardship case? Mr. McCullough answered it could possibly be handled by the Zoning Board of Appeals. Mr. Cameron asked for the dimensions of the house? _ ILMr. Broombaugh answered they were 26 ' x 28' . It was a full two-story house with a 12' x 14' sunroom. He stated he plans to add on to the house also. Mr. Okerstrom asked if he had plans for a garage? Mr. Broombaugh answered at present 3442 • he had no plans for a garage. But if at some time he did, it would be an attached garage. 1[4, Mr. Walker asked Mr. Forrest if he felt this matter could be considered a hardship case? Mr. Forrest stated that the City Assessor can allow a split of any lot. He is not concerned whether or not the inspection department wouldallow a building permit for the property in question. The petitioner has the right to ask for a variance or a rezoning. Mr. Forrest continued by stating that the rezoning is at the discretion of the commission. If the commission does not feel it is a rezoning matter, it doesn't mean that the petitioner couldn't then go to the Zoning Board of Appeals. Legally the commission can rezone it - it may not be sound but the planning commission can rezone it. Mr. Angevine stated if this is allowed this could happen all over the city. The owners could sell off a part of their property and every case would be a hardship. Mr. Broombaugh stated that at the present time you can not split a lot into a size upon which a building permit could not be obtained for but the owner of the lot in question informed him that this lot was split long before the plat act was changed. Mr. Kane stated if the planning commission grants this rezoning, it would leave the remaining half of the lot under a half acre in size also. He felt that it should also be rezoned so that it would not be a -nonconforming piece of property. Mr. Broombaugh stated he believed there had been a recent rezoning to R-lA in that area. Mr. Walker stated the planning commission was aware of that, in fact there had been two lots rezoned to R-1A in that area. Mr. Okerstrom stated that in the immediate vicinity of this property in question the area lends itself to a R-1A zoning rather than anything else. There were quite a number of smaller lots in this area. Upon a motion duly made by Mr. Kane, supported by Mr. Anderson, it was #4-75-62 RESOLVED that, pursuant to a Public Hearing having been held on petition Z-551 as submitted by Charles Broombaugh for a change of zoning in the Northeast 1/4 of Section 2 from RUFB to RLA, the City Planning Commission does hereby recommend to the City Council that Petition Z-551 be granted for the following reasons: (1) the result of the rezoning would be one 90' x 130' lot which will not adversely affect population densities; (2) at the present time the property is such that the owner is unable to build upon it under the present zoning; (3) property immediately adjoining it on the north is already zoned R-IA, therefore it can not be construed as spot zoning; (4) the City permitted the owner to split the lot in this manner several years ago, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of April 4, 1962 and notice of which hearing was sent to The Detroit Edison Co. , Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution r esulted in the following: AYES: Greene, Angevine, Watson, Anderson, Kane, Okerstrom and Walker 3443 NAYS: Cameron Mr. Cameron stated that the property immediately adjoining this property on the south 1: should be rezoned to RLA also since it was nonconforming. Mr. Walker stated it could not be done at this time but he felt that the planning commission was responsible for this now that this other action was taken. Mr. Anderson did not feel that a rezoning was necessary for this property to the south since it was already built upon. Mr. Walker stated that the motion was carried and that Resolution #4-76.62 was adopted. Mr. McCullough: The next item on the agenda is Petition V-66 by the City Planning Commission pursuant to City Council's Res. #193-62 to determine whether or not to vacate all that part of the alley at the rear of Lots 27, 28, 29 and 30 and adjacent. to Lots 44 and 45 of the Assessor's Plat of the Argonne State Sub - division in the Northeast 1/4 of Section 1. Mr. McCullough stated that the other half of this alley in question had recently been vacated. This was to continue the vacation for the full ]ength of the alley between Inkster and Rensellor. He stated that the letters from the utilities and the Engineering Department had been received. They had no objection to the vacation. Mr. Walker asked if there was anyone in the audience who wished to speak? 1[40 Upon a motion duly made by Mr. Watson, supported by Mr. Kane, and unanimously adopted, it was #4-76-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, April 24, 1962 on Petition V-66 as submitted by the City Planning Commission, pursuant to City Council's Rs. #193-62 for the vacating of all that part of the alley at the rear of Lots 27, 28, 29 and 30 and adjacent to Lots 44 and 45 of the Assessor's Plat of the Argonne State Subdivision in the Northeast 1/4 of Section 1, the City Planning Commission does hereby recommend to the City Council that Petition V-66 be granted, subject, however, to the creation of a private easement across the southerly 12 feet of said alley, said easement to be extinguished upon the relocation of the existing utilities now existing within said 12 foot easement, and further that said relocation costs will be paid by the property owner, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of April 4, 1962 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telphone Co. , The Consumers Power Co. , City Departments, petitioner and abutting property owners as listed in the Proof of Service. Mr. Walker stated the motion is carried and the foregoing resolution is adopted. l[li Mr. McCullough: The next item on the agenda is Petition M-242 by Rev. Robert Wietelmann requesting approval for the erection of a church on property located on the south side of Five Mile Road between Gary Lane and Yale in the Northwest 1/4 of Section 21. ]1r. Bert Kamp was present for the petitioner. 3444 Mr. Kamp stated the dimensions of the property were 245' x 564, approximately 3 acres. It is planned to build only the first unit at this time, which will have a seating capacity of 200 seats. It is not contemplated to have a school along with { the church although it may be decided in the future to have one. When the second unit is built, the first unit will be converted into a chapel and the seating capacity in the future will be 400 or 500 seats. There will be temporary parking in the front. Mr. Walker asked if there was anyone in the audience who wished to speak? Mr. Anderson asked where would the ultimate parking be? Mr. Kamp stated it was intended to have the parking at the rear of the church. Mrs. D. Kline, 15063 Ellen Drive asked what became of the property at the rear of the church. Wouldn't the church landlock this rear portion? It was determined that there were two east/west streets from subdivisions on both sides of this property that ran into this property. Mrs. P. Smaniotto, 35301 Five Mile Road stated she owns this property and that it is not landlocked, the builders of the two subdivision have put in streets so that they will go into her land if it is ever subdivided. Mr. Angevine asked if there was existing house on the property? Mr. Kamp stated they were going to demolish this house. It was suggested that an area plan be made indicating how this area at the rear of Ir. the church could be utilized for future subdividing, and that this plan be prepared for the next meeting. Mr. Walker stated that this item will be taken under advisement. Upon a motion duly made by Mr. Kane, supported by Mr. Cameron, it was #4-77-62 RESOLVED that, the City Planning Commission does hereby adjourn the public hearing held on Tuesday, April 24, 1962 at approximately 8:40 p.m. A roll call vote on the foregoing resolution resulted in the following; AYES: Cameron, Greene, Angevine, Watson, Anderson, Kane, Okerstrom and Walker NAYS: None Mr. Walker declared that the motion is carried and the foregoing resolution is adopted. The Chairman called the 136th Regular Meeting to order at approximately 8:41 p.m. with all those present now who were present at the time the public hearing was adjourned. 1: Mr. McCullough: The next item on the agenda is Petition Z-550 by H. A. Carlson . who is asking that the zoning classification on property located on the north side of Seven Mile Road approximately 450 ft. East of Gill Road in the Southeast 1/4 of Section 4 be rezoned from RUFA to PS. Public Hearing 4/10/62, item taken under advisement. 3445 Upon a motion duly made by Mr. Okerstrom, supported by Mr. Angevine, it was #4-78-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, April 10, 1962 on Petition Z-550 as submitted by H. A. Carlson for a change of zoning in the Southeast 1/4 of Section 4 from RUFA to PS, the City Planning Commission does hereby recommend to the City Council that Petition Z-550 be denied for the following reasons: (a) the existing commercial zoning ends 660 feet east of this property. Ordinarily in zoning, we attempt to avoid sandwiching a residential parcel between two commercial parcels; (b) if granted it will tend to start "strip type" commercial zoning westerly along Seven Mile Road; and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of March 21, 1962 and notice of which hearing was sent to The Detroit Edison Co. , Chesa- peake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. A roll:call vote on the foregoing resolution resulted in the following: AYES: Cameron, Greene, Angevine, Watson, Anderson, Kane, Okerstrom and Walker NAYS: None ILs Mr. Walker stated that the motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is the proposed Merriman Road Industrial Subdivision located on the east side of Merriman Road immediately north of the Chesapeake & Ohio Railroad between Schoolcraft and Plymouth Roads. Submitted by Smith, Bisschop & Co. ; this property is located in the Northwest 1/4 of Section 26. Public Hearing 4/10/ 2, item taken under advisement. Mr. McCullough stated if the plat is approved there should be a condition that the cul de sac at the eastern end of Ace Wilson Hwy. be continually maintained until such time as other suitable turn arounds can be provided for emergency vehicles. Mr. Walker asked if the 30 ft. north/south street between the Edison property and this plat is wide enough? Mr. McCullough stated that a 60 ft street is more desirable but ordinarily when a street is stubbed adjacent to someone else's property, the practice has been to only require a dedication of a half street. Mr. McCullough did not feel that the Edison Company would be willing to dedicate 30 ft. for the other half of the street. full It was suggested that the developer of this plat dedicate the/width of this street to 60 ft. Mr. McCullough stated that the south half of this street is not necessary 1:: and suggested that this 30 ft. be eliminated but increase the widhh of the street on the north side of Ace Wilson Hwy to 60 ft. Mr. B. Berry, representative for the developer, agreed to this suggestion. Mr. Okerstrom stated his objections to platting this industrial zoned property into 3446 150 ft. lots. He felt they should be no smaller than 300' x 300' . Mr. Watson stated that it should be remembered that any individual person interested in developing an industrial plant in this subdivision is not restricted to 150 ft. lots, he could buy two or three lots and tie them together. Another point to con- sider is that the developer of this subdivision will sell the lots in consecutive order beginning with the lot fronting on Merriman and going east. The lots will not be sold as scattered lots. Mr. W. Berry confirmed this to the commission. He further stated there was quite an increase just recently in industrial building but he did not want the Planning Commission to approve this plat based upon this fact. But if this plat is approved, there is a very good chance of the City of Livonia getting some of this industry. Mr. Watson stated that Mr. Berry mentioned that there was one plant ready to start immediately. Was this still true? Mr. Berry stated it was being considered right now. Mr. Okerstrom asked if the street would be paved for 60 feet? Mr. Berry stated that there would be 26 ft. of pavement, which is wider than what Merriman is paved at the present time. Merriman has a pavement of 21 ft. Upon a motion duly made by Mr. Kane, supported by Mr. Watson, it was, #4-79-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, April 10, 1962, the City Planning Commission does hereby give approval to the preliminary plat of the Merriman Road Industrial Subdivision located on the east side of Merriman Road and immediately north of the Chesapeake & Ohio Railway in the Northwest 1/4 of Section 26, said plat known as "Scheme C" and subject to the following: 1. that the 30 ft. road designated at the easterly end of the proposed plat be made into a 60 ft. road on the north side of Ace Wilson Hty. and further that the now designated 30 ft. road on the south side of Ace Wilson Hwy. to the railroad be eliminated; (2) that the developer comply with all requests specified in the letter from the Fire Department dated 4/6/62 and; (3) that the cul-de-sac having 120' diameter be continually maintained at the eastern end of Ace Wilson Hwy. until such time as this street connects with another street thereby providing access for emergency vehicles and public service vehicles, and 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 and Members of the Plat Committee. 1:: A roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Greene, Angevine, Watson, Anderson, Kane and Walker NAYS: Okerstrom Mr. Walker: The motion is carried and the foregoing resolution is adopted. 3447 Mr. McCullough: The next item on the agenda is Petition Z-534 by T. and J. Sinacola who are requesting that the zoning classification on property located on the east side of Purlingbrook Road approxi- mately 400 ft. south of Eight Mile Road in the Northeast 1/4 of Section 2 be rezoned from R-1A to M-1. Public Hearing 1/16/62 item taken under advisement. Mr. McCullough stated that a petition had been received at the time of the public hearing objecting to the proposed rezoning. There was a brief discussion whether or not to act on this particular piece of property at this time or to take care of it when the entire section isre-evaluated. Mr. Angevine felt that more thought should be given to providing for a buffer between the industrial and the residential before any action is taken to rezone property in this section. Mr. Walker concurred with Mr. Angevine. He felt that there should be some kind of protection between the residential and the industrial zones. He felt the people in the area were entitled to know where the division line would be and what would divide it. Will it be a greenbelt, a protective wall or a fence? Mr. Walker concluded by stating that this was important and should be decided by the Planning Commission before any rezoning is done in this a rea. Upon a motion duly made by Mr. Watson, supported by Mr. Cameron and unanimously adopted, it was #4-80-62 RESOLVED that, pursuant to a Public Hearing having been held on 1[1: Tuesday, January 16, 1962 on Petition Z-534 by T. and J. Sinacola for a change of zoning in the Northeast 1/4 of Section 2 from R-LA to M-1, the City Planning Commission does hereby recommend to the City Council that Petition Z-534 be denied for the following reasons: (1) that if the line is to be moved southward it ought to be done for the whole section and not on a piece meal basis; (2) that there is a new residence on the' property immediately south of the subject land; and • FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of December 27, 1962 and notice of which hearing was sent to The Detroit Edison Co. , Chesapeake & Ohio Railway Company, Michigan Bell Telephone Co. , The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. 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 #4-81-62 RESOLVED that, pursuant to the 13th Regular Meeting held by the 1:: City Planning Commission on Tuesday, April 24, 1962 and to a request from Nelson Homes, Inc. , for a one year extension on the preliminary approval of the Denmar Estates Subdivision located in the Southeast 1/4 of Section 8, the City Planning Commission does hereby grant said request, subject, however, to all conditions prevailing on • . 3448 the original approval. Mr. Walker stated the motion is carried and the foregoing resolution is adopted. I: Upon a motion duly made by Mr. Okerstrom, supported by Mr. Kane, it was #4-82-62 RESOLVED that, pursuant to the 138th Regular Meeting held by the City Planning Commission on Tuesday, April 24, 1962 and to a request from Nelson Homes, Inc. , for a one-year extension on the preliminary approval of the Pickford' Gardens Subdivision located in the north half of Section 11, the City Planning Commission does hereby grant said request, subject, however, to all conditions prevailing on the original approval and in addition, subject, to the condition that no detached garages will be built. A roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Greene, Angevine, Anderson, Kane, Okerstrom and Walker NAYS: None NOT VOTING: Watson Mr. Walker: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is a request from the Woodbury Building Company for a year's extension on the preliminary approval for the Arbor Estates Subdivision locaad west of Hix Road and north of Joy Road in the Southwest 1/4 of Section 31. I: A representative from the Woodbury Building Company read the conditions of the preliminary approval and felt that the extension could be granted subject to these same conditions. Mr. Okerstrom stated that if the Planning Commission wanted to change anything on this plat, now was the time to do it. Mr. Watson stated that he was not on the Commission at that time and before he could vote on this item, he would like to examine and study it further. He suggested that this item be taken under advisement. Mr. Walker suggested that a plan be worked out showing the entire area around the proposed subdivision in order to determine if it will work out with the layouts of other subdivisions. He requested Mr. McCullough to prepare such a plan for the entire area for the next meeting. Mr. Okerstrom and Mr. Watson concurred with Mr. Walker's suggestions. Mr. Anderson stated that Outlot A did not seem to have a purpose. He would like to know more about the outlot. It was determined that Outlot A was part of the proposed plat. Mr. Walker informed those present that this item would be taken under advisement until the next meeting. Mr. McCullough stated the next item on the agenda was a request from King & Lewis Architects, Inc. , to reduce setback requirements of the United Hebrew School from 176 ft. to 166 ft. from the center line of Seven MileRoad. This proposed school is to be located between Osmus and Auburndale on the north side of Seven Mile Road in the Southeast 1/4 of Section 3. There was no one present to represent the petitioner. Dr. Fred Kellman, owner of 11:: property immediately adjoining the school property was present. It was determined that the setback requirement designated in the approval of the 3449 school should be maintained. Upon a motion duly made by Mr. Cameron, supported by Mr. Angevine and unanimously adopted, it was I #4-63-62 RESOLVED that, pursuant to the 13oth Regular Meeting held by the City Planning Commission on Tuesday, April 24, 1962 on a request by King & Lewis, Architects to approve revised plans of the United Hebrew School originally given approval on December 12, 1961 be reducing the setback from 176 ft. to 166 ft, the City Planning Commission does hereby deny approval of said revised plans for the reason that the setback as established in the original approval was established in order to correspond with the existing residences on Seven Mile Road. Mr. Walker: The motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Watson and unanimously adopted, it was ##4-84-62 RESOLVED that, final plat of the Idyl Wyld Estates Subdivision #3 located in the Northeast 1/4 of Section 20 be given final approval, and FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission on June 7, 1960 and January 9, 1962; and it further appearing that said proposed plat together with the 1[1: plans and specifications for improvements therein have been approved by the Department of Public Works under date of April 13, 1962; and it further appearing that a cash bond in the amount of $132,000.00 to cover the installation of improvements has been filed in the office of the City Clerk under date of April 24, 1962; such bond having been approved by Charles J. Pinto, City Attorney on April 24, 1962 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 declared the motion is carried and the foregoing resolution is adopted. Mr. Angevine informed the Commission that at the meeting held by the City Council last night a resolution was adopted by the Council to refer Petition Z-542 back to the City Planning Commission for action. He said that the Council would not accept the tie vote the Planning Commission had forwarded to them. This petition was in relation to a rezoning on Middlebelt Road between Minton and Westfield in the Southeast 1/4 of Section 35 from RUFB and R-2B to PS. They are requesting the Planning Commission to reconsider and forward another recommendation. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Anderson, it was #4-85-62 RESOLVED that, pursuant to a request from the City Council to reconsider Petition Z-542 as submitted by M. Sharpley for a 1:: change of zoning in the Southeast 1/4 of Section 35 from RUFB and R-2B to PS, the City Planning Commission does hereby recommend to the City Council that Petition 2-542 be granted for the following reasons: 3450 (1) that the traffic volumes at this location exceed 22,000 autos per day, which is greater than is desirable for single family residential purposes; (2) that the proposed use is not inconsistent with the duplexes to the north and to the south or inconsistent with the PS zoning along the east side of Middlebelt Road; and subject, however, to the following conditions: (1) that all lights are to be reflected away from the surrounding residences; (2) that all curb cuts to be approved by the Wayne County Road Commission and, in addition, a curb is to be installed along the driveway in front of the proposed building; (3) that this approval is subject to the full dedication of the 27 ft. right-of-way for Middlebelt not presently dedicated; and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of January 31, 1962 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell glephone Company, The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Anderson, Kane, Okerstrom and Walker NAYS: Greene, Angevine and Watson ICIn addition, the City Planning Commission will apprise the City Council of the pendency of Petition Z-539 which would require any funeral home to show that they could line up a twenty-five (25) car procession on their own land over and above the parking requirements. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Anderson and unanimously adopted, the City Planning Commission does hereby adjourn the 138th Regular Meeting held on Tuesday, April 24, 1962 at approximately 9:30 p.m. CITY PLANNING COMMISSION WI / 60gag-T-7 . W. E. Okerstrom, Secretary ATTESTED: /011" // Char -s W. Walker, Chairman