HomeMy WebLinkAboutPLANNING MINUTES 1963-05-14 3730
MINUTES OF THE 163rd SPECIAL MEETING
[ AND A PUBLIC HEARING OF THE CITY PLANNING
COMMISSION OF THE CITY OF LIVONIA
On Tuesday, May 14, 1963 the City Planning Commission of the City of Livonia held
the 163rd Special Meeting and a Public Hearing at the Livonia City Hall, 33001 Five
Mile Road, Livonia, Michigan. Mr. Charles Walker, Chairman, called the 163rd Special
Meeting to order at approximately 8:15 p.m.
Members present: Robert L. Angevine, W. E. Okerstrom, Charles W. Walker,
Edward Milligan and Milton Ingold
Members absent: Dennis Anderson, James Cameron,*Dr. D. Allen
Mr. David R. McCullough, City Planner, was present along with approximately 150
interested persons in the audience.
Mr. McCullough announced the first item on the agenda is a Petition M-268 by Lola
L. O'Connor requesting approval to erect a gasoline service station
on the southwest corner of Six Mile Road and Inkster Road in the
Northeast 1/4 of Section 13. Public Hearing 2/19/63, item taken
under advisement until the rezoning of the property was finalized.
1 Mr. McCullough suggested that this item be taken under advisement until the ordinance
making the rezoning official is published.
Mr. Walker declared this item is taken under advisement.
Mr. McCullough announced the next item on the agenda was a request dated May 1,
1963 from the Woodbury Building Company for a year's extension
on the Arbor Estates Subdivision located west of Hix Road and South
of Ann Arbor Road in the Southwest 1/4 of Section 31.
There was a brief discussion on the original preliminary plat approved in June, 1959.
It was decided that before granting the year's extension the Planning Commission would
like to see an up-to-date plat incorporating the conditions of the preliminary
approval.
Mr. Walker declared this item would be taken under advisement.
Mr. McCullough announced the next item on the agenda which wasaapproval of a revision
of the Ellen Kay Subdivision located north of Five Mile Road between Cavour and
Sunbury in the Southwest 1/4 of Section 13 had been taken care of and there was no
need for an approval.
Mr. McCullough announced the next item on the agenda is the approval of the minutes
for Tuesday, April 16, 1963.
Mr. Okerstrom stated that cn Page,_1?69. ',.P would like the words "pitched roof" changed
Irato read "gable roof" and on Page 3706 in the seventh paragraph he suggested that
the phrase "only a Par 3" should be changed to read "is too short a distance".
Upon a motion duly made by Mr. Milligan, supported by Mr. Angevine, it was
#5-81-63 RESOLVED that, the City Planning Commission does hereby approve
the minutes of Tuesday, April 16, 1963, as corrected, except for
that person who was absent, he abstain from voting.
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A roll call vote on the foregoing resolution resulted in the following:
AYES: Ingold, Milligan, Okerstrom, Angevine and Walker
NAYS: None
Mr. Walker declared the motion is carried and the foregoing resolution is adopted.
Mr. McCullough announced the next item on the agenda is Final Approval for Castle
Gardens Subdivision #5 and #6 located in the South half of Section
19, north of Sc, 00lcraft and West of Newburgh Road.
Mr. James Johnson was present for the developer, Stout Home Developers.
Mr. McCullough informed Mr. Johnson that all lots with less than 110 ft. in depth
has to have attached garages. Mr. Johnson stated this was part of their deed
restrictions.
Mr. Johnson informed those present that the City Council had approved of accepting
in lieu of a corporate surety bond the personal bond of Messrs. Henry S. Alper and
Abe Green together with a first mortgage or mortgages for the above mentioned
subdivisions.
Upon a motion duly made by Mr. Okerstrom, supported by Mr. Ingold and unanimously
IIadopted, it was
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#5-82-63 RESOLVED that, final plat of Castle Gardens Subdivisions #5 and #6
located in the South half of Section 19 be given final approval,
subject, however, to the stipulation that all lots with depths of
less than 110 ft. must have attached garages, 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 October 16, 1958; 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 Works under date
of September 23, 1958; and it further appearing that a surety bond in
the amount of $382,000.00, and a cash bond in the amount of $10,000.00
for Subdivision #5; a surety bond in the amount of $85,000.00 and a cash
bond in the amount of $10,000.00 for Subdivision #6 to cover the
installation of improvements have been filed in the office of the City
Clerk under date of May 13, 1963, pursuant to Resolutions #709-58 and
#319-63, adopted by the City Council on November 10, 1958 and May 1,
1963 respectively; such bonds having been approved by Charles J. Pinto,
Assistant City Attorney on May 13, 1963 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.
Upon a motion duly made by Mr. Okerstrom, supported by Mr. Ingold and unanimously
adopted, the City Planning Commission does hereby adjourn the 163rd Special Meeting
at approximately 8:30 p:m. until the Public. Hearing has been held.
* * * * * *
Mr. Walker called the Study Meeting to order at 8:31 with all those present who were
present at the time the 163rd Special Meeting was adjourned.
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Mr. Walker, Chairman, called the Public Hearing to order at 9:30 p.m. with all those
present who were present at the time the Special Meeting was adjourned with the
addition . of Dr. Daniel Allen who arrived during the Study Meeting.
Mr. McCullough announced the first item on the Public Hearing was Item #8, Petition
Z-589 by the City Planning Commission to determine whether or not to rez
rezone certain property located 402 ft. north of Schoolcraft and
immediately east of Middlebelt Road in the Southwest 1/4 of Section
24 from R-1A and R-3B to C-2.
This petition was being heard first due to the fact that there appeared to be many
people in the audience who were present for this particular petition.
Mr. Walker asked Mr. McCullough to explain the purpose of the petition. Mr.
McCullough stated that there is some feeling that the R-3 area here which has been
zoned fot_apartments for approximately ten years, might result in the Town House
type of housing which the Government seems to have to foreclose and subsequently
the low income fan ilies move in. It was felt that it might ':e preferred. to
have a shopping center with possibly a discount house, etc. He stated it was not
certain that this is reasonable but this it the reason for initiating the petition
and holding a public hearing. This has been discussed with the civic associations
II: in the area but it seems now that their feelings have changed.
Mr. L. Romano, 29323 Meadowlark, voiced his objections to the proposed rezoning. He
was not in favor of it in any manner.
Mr. Seymore Gordon, 29270 Meadowlark stated he was in full accord with the remarks
made by Mr. Romano.
Mr. Fred Cox, 14382 Sunbury, representing the Compton Village Civic Association
also felt that they were in accord with the reasons for objection stated by the
others.
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Mr. Harrison Mercer, 29339 Meadowlark voiced his objections to the proposed rezoning.
Mr. Walker stated he would like to clarify a point to the audience. The area in
question represents 1350 ft. along Schoolcraft and 1596 ft. along Middelbelt Road.
There is presently 402 ft. of Commercial north of Schoolcraft with approximately 520
ft. immediately north of that zoned R-3. Immediately north of the R-3 there is an
area zoned R-1A. This petition was brought about due to a previous petition which
removed the R-3 area immediately east of the R-3 area in the present petition. The
question before the Planning Commission is should the::R-3..be..replaced..and' ff:so, 'with
what? • .-w-.
Mr. H. Gordon of Gordon & Begin, Builders was present but did not wish to make a
statement.
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Mr. Walker informed those present that this petition would not be acted upon tonight.
This item would be taken under advisement in order to study it further at a study
meeting. He stated that the representative for their group will be notified as to
when a decision will be made and that they were welcome to attend the meeting.
Mr. McCullough announced the next item on the agenda is Petition Z-594 by the City
Planning Commission to determine whether or not to rezone certain
property located mrth of Seven Mile Road between Merriman and Hubbard
in the Southeast 1/4 of Section 3 from RUFB and RUFA to R-1A.
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I] Mr. Emery Jacques, Attorney for Mr. & Mrs. J. Breitenback, asked how and why was this
1 petition presented by the Planning Commission and not the owner of the property?
He stated Mr. & Mrs. Breitenback lived immediately east of Lot 272, one of the lots
mentioned in the petition.
Mr. McCullough answered that the owner of the property has proposed to dedicate half
of Merriman Road for a distance of approximately one-half mile. In addition he has
agreed to pave the full pavement of the street by the Tyler School, all of which will
run into thousands of dollars.
Mr. Jacques stated his clients were objecting to the rezoning due to the setback
which was established by the Planning Commission in 1957 when the original Spring Valley
Subdivison was given approval. He stated that Mr. Walker and Mr. Okerstrom were on
the Planning Commission at that time. He read an excerpt from the minutes of January
15, 1957.
Mr. Walker stated that the matter before the Commission was not the plat, but the
rezoning.
Mr. Jacques stated if the setback as established previously is respected, the developer
could not use the lot for too many lots.
Mr. J. Johnson, representing the owner of the property in the petition, stated he
did not have any records with him and was unprepared to answer any questions pertaining
Ito the setback.
Mrs.G. Harmon, 31670 Seven Mile Road, statedthey have been advised by real estate
people that Spring Valley Subdivision has already devaluated their property along
Seven Mile Road. They had attempted to sell their property and the buyer was advised
against buying any property along Seven Mile Road.
Mr. Walker stated that being a member on the Commission at that time, he could remember
the discussion relative to the setbacks and he wanted to inform those present that
the Commission was concerned with this established setback and would see that it was
not harmful to the existing properties along Seven Mile Road.
Mr. D. Popo, 19353 Hardy, stated there was a flood plain on some of the property along
Seven Mile Road. Why rezone it if it couldn't be suitable for building homes?
Mr. Strasser, City Engineer, who was present in the audience stated the amount of
filling necessary for building homes would not be haatful now.
Mr. Ingold asked Mr. Strasser if they would have to fill in order to plat? Mr. Strasser
answered they would'but we would recommend only that was necessary because we wouldn't
want to see the flood plain filled.
Mr. J. Haverkate, 19377 Hardy stated he was told at the time he purchased his lot that
no homes would be built behind his property because it was flood plain and in fact he
had to get special permission to build his garage because it extends beyond his lot.
illHe ' did not want to see $14,000 homes built in back of his home which he felt would
devaluate his property.
Mr. Angevine stated that all this had nothing to do with the zoning.
Mr. McCullough stated when the plat is presented for preliminary approval notices will
be sent to adjoining property owners for the public hearing. At this time these questions
can be answered.
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1 Mr. Jacques wished to state his objection for the records as to the setback which
I will be required on Lots 245 and 272. He could not see how they could be subdivided
if they conformed to the established setback.
Mr. Walker asked if there was anyone else in the audience who wished to speak? He
then declared that this item would be taken under advisement and those interested
will be notified as to when a decision will be made.
Mr. McCullough announced the next item on the agenda is Petition Z-592 by the City
Planning Commission to determine whether or not to rezone
certain property located north of Joy Road between Hix
and Stonehouse in the Southeast 1/4 of Section 31 from R-1B
to RLA.
Mr. McCullough explained that most of the houses existing are built upon two or more
40 ft. lots.
Mr. Jack Dunn, 9310 Hix, stated he was the spokesman for those who were in favor of
this rezoning and he wished to state the Mr. McCullough's remarks were true. They
want to go on record as supporting the rezoning to larger lots.
A representative from the Weldon Rose Homes, Inc. , 14860 Schaefer Highway, Detroit
stated they objected to the rezoning to 80 ft. lots. In 1950 they purchased 110
lots in the Golden Ridge Subdivision with a minimum of 40 ft: lots included. They
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felt if these lots were rezoned the price of the Mmes would have to be increased .
Mr. McCullough asked if they were prepared to install sewers. The representative
stated in certain sections they would.
Mr. Milligan asked if these lots were grouped or scattered? The representative stated
most of them were grouped, some scattered. Mr. Milligan asked if they intended to
pave and put in sewers? The representative stated they would where they could.
Mr. Walker asked if there were any isolated 40 ft. lots? The representative stated
there were some lots that could not be made into anything larger than 40 ft. lots. He
stated where the lots are together they would need to put in streets and sewers. There
were approximately a half dozen scattered. The remainder were grouped together.
Mr. Angevine asked the representative if they had been before the City Council dis-
cussing 60 ft. lots in this area. The representative statedthey had but no decesion
had been made.
Mr. Charles Murley, 38115 Minton objected to any 40 ft. lots.
Mr. Ernest Hammond, 9410 Butwell suggested that the area be left as it is.
Mr. Jack Dunn stated all existing homes are on two or more lots.
Mr. Lawrence D. Jackson, 8921 Butwell stated there wasn't one house in the first block
1[1: that is built on less than a 90 ft. frontage.
Mrs. M. Roberts, 38120 Joy Road stated she had five twenty (20) foot lots. The
Weldon Rose Homes people would be building behind her lots. Her neighbor has eight
twenty (20) foot lots. There is presently one forty (40) foot lot behind them.
Mr. Wilbert A. Cooper, 38116 Minton, concurred with Mrs. Roberts' statements.
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Mr. William Brady, 37917 W/ Chicago, Livonia, stated all the homes on W. Chicago
were built on 80 or 100 ft. lots.
Mr. A. Jackson, 8990 Hix stated he had a 50 ft. lot.
Mr. Walker wished to assure those who already have lots with homes situated on them
will not be effected by any decision made for this petition. He stated this item
would be taken under advisee ent for future study.
Mr. McCullough announced the next item on the agenda is Petition Z-586 by the City
Planning Commission to determine whether or not to rezone certain
property located on the South side of Plymouth Road between Cransto
and Ingram in the Northeast 1/4 of Section 34 from C-1 to P.
Mr. McCullough stated there was a definite need for parking on this road and it was
to the interests of the property owners of the lots involved to acquire some parking
area. The only way seems to be to rezone it for Parking and have a special assessment
on these lots. He stated he has discussed this matter quite thoroughly with Drs.
Timpona and Marston.
Dr. Timpona indicated he was in agreement that more parking was needed and he would
go along but Dr. Marston was reluctant to give his approval. He felt there was enough
parking area for his patients. It was being used though by people who were parking
there for other business in the area. Dr. Marston stated he had future plans to
expand and if this property in the petition is used for parking purposes, it would mean
a terrific amount of expense to him to change his plans.
The question was asked how did the assessment work on this property? Mr. McCullough
stated that the owners would be paid for their property but they in turn would have
to pay back a fraction in assessments.
Mr. Walker asked Dr. Allen what his comments were on the subject since he was the
chairman of the Off-Street Parking Committee? Dr. Allen stated he would have to
agree with Mr. McCullough statements. There were times in the day when you cannot
get in or out of the existing parking area. Someone would park at either or both ends
and then that meant no one could get in or out until the others moved.
Mr. Angevine stated he had talked recently with a member of the Traffic Commission and
he was informed that there would be no parking on Plymouth Road on the right-of-way
when the road is widened. No definite date as to when it will be widened but they
definitely will not allow parking on the right-of-way.
Mr. Walker asked if there was anyone else in the audience who wished to speak? There
being none, he stated that this item would be taken under advisement.
Mr. McCullough announced the next item on the agenda is Petition Z-588 by James Mies
attorney for Ethel L. Gniot requesting a rezoning of certain
property located on the south side of Seven Mile Road approximately
500 feet West of Middlebelt Road in the Northeast 1/4 of Section
11 from RUFA to C-2.
( Mr. Mies was present.
Mr. McCullough informed the Commission that a year ago a petition for rezoning from
RUFA to C-2 was before the Commission for the lots immediately west of those in the
present petition. The Planning Commission denied the petition at that time feeling
that if it was granted it would open up the door to resone the lots in question at this
time. The previous petition had been granted by the City Council.
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Mr. J. Mies stated that the property immediately east of the property involved is
presently zoned C-2. The property immediately west is zoned C-2. The property
directly across is zoned C-2. He stated that Seven Mile Road is a very heavily
traveled thoroughfare and is becoming busier and busier. They felt the requested
rezoning would make it conform with the zoning on either side. Mr. Mies submitted
preliminary plans for the motel planned for this area.
Mr. Milligan questioned if this was the same area before the Commission 8 or 9 months
ago? Mr. McCullough stated it was. Mr. Milligan stated at that time we had spot
zoning in the middle of the block now we have the RUF zoning in the middle of C-2.
Mr. Walker asked if there was anyone in the audience who wished to speak? There being
none, he stated this item would be taken under advisement for a study meeting.
Mr. McCullough announced the next item on the agenda is Petition Z-596 by Morris
Friedman who is requesting the rezoning of certain property located north of Schoolcraft
Road between Gill and Barbara in the South half of Section 21 from RMA to R-1A.
Mr. McCullough informed the Commission that the only part of the area in question
Mr. Friedman wanted to rezone was the larger area - the portion extending to the east
was to be deleted.
It was determined that if this area could be rezoned to 60 ft. lots, Mr. Friedman
was prepared to present a deed to the city for a park site which would be located
next to the school property. Mr. Friedman stated that there had been a plat approved
previously for this area with 60 foot lots but the owner had neglected to obtain the
necessary year's extension after several years of not being able to build due to the
sewer ban.
Mr. Walker asked if there was anyone in the audience who wished to speak?
Mr. Okerstrom requested a site plan of the area and also that the street names be
put upon it in order to see if and how it conforms with what is existing.
Mr. Palmer Priest, 14116 Stark Road could not see any reason for having a park site
next to the school property.
Mr. Mc Cullough stated the section is zoned for 70 foot lots but there were 60 foot
lots surrounding the proposed area for rezoning but these were platted into 60 foot
lots prior to the amendment to 70 foot lots.
The question was asked if this rezoning is granted would it set a precedent for the
remaining property in the area to be platted? Mr. McCullough stated he did not think
it would set a precedent. For one thing, in this case due to the park site, there
will not be any more 60 foot lots in the area than if it was platted for 70 foot lots
without the park site.
Mr. Walker stated this item would be taken under advisement until information could
be obtained from the Parks & Recreation as to the need for a park site and also more
( information from the Council.
Mr. McCullough announced the next item on the agenda is Petition Z-590 by the City
Planning Commission to determine whether or not to amend Article
10.00 by deleting Section 10.02 (a) and amend Section 10.14 by
deleting paragraph known as "Residences". This amendment if
adopted will prohibit dwellings in C-1 Districts.
Mr. Walker asked if there was anyone in the audience who wished to speak? There being
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none, he stated this item would be taken under advisement for a study meeting.
Mr. McCullough announced the next item on the agenda is Petition M-284 by Edward
LaBodie for Clark Oil & Refining Corporation seeking approval
to erect a gasoline service station on property located on the
east side of Middlebelt Road between Roycroft and Rayburn approxi-
mately 910 feet north of Five Mile Road in the Southwest 1/4 of
Section 13.
Mr. Edward LaBodie was present. He stated the proposed gas station was to be located
south of the nursery on Middlebelt Road just north of Five Mile Road. He stated
at the present time they only had one station on Middlebelt Road which was located
in Garden City. The only other one in Livonia was on Merriman and Plymouth Roads.
He stated they can conform with every requirement in Ordinance #328, relative to
gas station requirements.
Mr. Ingold asked with three gas stations already existing at the intersection of
Five Mile and Middlebelt Roads, what is the idea of having one in this area?
Mr. LaBodie stated that there was no independent gas station on Middlebelt Road in
Livonia.
Dr. Allen stated this type of gasoline station appealed to a different type of customer
and they are usually located in areas. not on intersections.
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Mr. LaBodie stated they would much rather be away from an intersection.
Mr. Walker asked if there was anyone in the audience who wished to speak?
Mr. Ralph Seeley, 15610 Middlebelt had no objection to the proposed gasoline station.
Mr. George Reid, representative from the Clark Oil Company came forward and stated
they appealed to a different type of buyer. Where they have located on an intersection
it has been determined they do not do as well as when they are located away from an
intersection.
The petitioner was asked if they realized they would be across from the Merrycrest
Manor Home for the Aged? They stated they knew this.
Mr. Walker stated this item would be taken under advisement for a study meeting.
Upon a motion duly made by Dr. Allen, supported by Mr. Milligan, it was
#5-83-63 RESOLVED that, the City Planning Commission does hereby adjourn the
Public Hearing held on Tuesday, May 14, 1963 at approximately 12:00
A.M.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Dr. Allen, Ingold, Milligan, Okerstrom, Angevine and Walker
C NAYS: None
Mr.Walker declared the motion is carried and the foregoing resolution is adopted.
* * * *
Mr. Walker, Chairman called the 163rd Special Meeting back to order with all those
present now who were present at the time the Public Hearing was adjourned.
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Mr. McCullough announced the item on the reopened Special Meeting is Petition M-285
by Samuel Barr fot the West Chicago Boulevard Gospel Hall
requesting approval to erect a church on property located on
the east side of Stark Road between Hathaway and Edward Hines
Drive approximately 300 feet south of Hathaway in the Southeast
1/4 of Section 33.
Mr. Samuel Barr submitted a letter from the trustees of the West Chicago Gospel Hall
which stated that they are seeking approval for a church for the entire parcel; they
are agreeable to erecting a greenbelt adjoining Sleepy Hollow Subdivision upon completion
of proposed church and that all entrances and exits will be upon Stark Road.
Upon a motion duly made by Mr. Ingold, supported by Mr. Milligan, it was
#5-84-63 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday,
May 7, 1963 the City Planning Commission does hereby grant Petition M-285
by Samuel Barr for the West Chicago Blvd. Gospel Hall requesting approval
to erect a church on property located on the east side of Stark Road between
Hathaway and Edward Hines Drive approximately 300 feet South of Hathaway
in the Southeast 1/4 of Section 33, subject, however, to the following
as stated in the petitioner's letter dated May 14, 1963:
(1) the entire parcel of land to be considered as church property;
(2) a greenbelt to be planted adjoining the Sleepy Hollow Subdivision
approved by the Parks & Recreation Department; and
(3) all entrances and exits to be on Stark Road;
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: Allen, Ingold, Milligan, Okerstrom, Angevine and Walker
NAYS; None
Mr. Walker declared the motion is carried and the foregoing resolution is adopted.
Upon a notion duly made by Mr. Okerstrom, supported by Dr. Allen and unanimously
adopted, the City Planning Commission does hereby adjourn the 163rd Special Meeting
held on Tuesday, May 14, 1963 at approximately 12:10 A.M.
CITY PLANNING COMMISSION
2 ; ' i/P-1-'44-C---
U1
R. L. Angevine Secretary
11::ATTESTED:
e 0 0/ /
Charles W. Walker, Chairman