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Home My WebLink AboutPLANNING MINUTES 1965-01-21 4284 MINUTES OF A PUBLIC HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONI A On Thursday, January 21; 1965, the City Planning Commission of the City of Livonia held the Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Charles Ws Walker, Chairman, called the Public Hearing to order at approximately avid p.me with approxi:telt' five interested persons present. Members present; Bob R. Whitehead Harry Henry Wi'llOitman Charles W. Walker Donald Heusted Donald C. Pollodk John J. Ward James Cameron Raymond W. Tent Members absent: None Messrs. Don Hull, Planning Director; John Nagy, Assistant Planning Director; Harry C. Tatigian, First :;sistant City Attorney; Milton Firestone, • Assistant City Attorney; and Thomas D. Heap, Zoning Board of Appeals, were present Mr. Whitehead announced the only item on the agenda is the text of the new comprehensive zoning ordinance of and for the City of Livonia. Mr. Walker announced that parts of the proposed text will be read first as it was originally forwarded to the City Council and secondly as it is now worded (changes being made by the City Council or Commission). Page3, Section` 2.,01 (1) Terms not herein defined shall have (not be) the meaning customarily .... Page 10, Se,4i011.22±1111 No comment Page 20, Sect• on 3.02 Mr. Tent stated in his opinion both the City Clerk and the President of the City Council should have their signature on map. Mr. Heap stated he attended the meeting when this was discussed by the City Council and 'it was their feeling that inasmuch as the City Council has the . responsibility of zoning changes, it was felt the signature of the Council should appear on map. There was no legal opinion asked for at the meeting. Mr. Firestone stated the Charter does not speak on the question of signatures for this purpose.. Mr. Pollock stated it is their responsibility to pass on zoning changes; there- fore, they sho d oign map - seems logical. Mr. Ward stated ho didn(t care who signed the item just so its cone proper legally. Page 22, Section 3.08 Mr. Walker statedthatthe waiver uses is new in this ordinance. Page 24,, Section L 03 Mr. Hull stated that what has been done is that the % necessary has been 4385 • reduced and the radius has been increased. Mr. Pollock stated the restrictions (d) should be tightened. Suggested wording "Owners and users". As it is now building can be rented out to just anyone. Mr. Whitehead stated one of the problems with Mr. Pollock's suggestion is out-of-town guests. The club he belonge td can be rented out but it requires a 2/3 vote of the Board of Directors. Mr. Firestone statmi this is a ion-profit group under the State Status controlled by the Michigan Sect►rity Co/Missions , At the time of formation of the group there may be all Livonia residents bliyou may have member coming into an existing group who does not live ih Livonia Mr. Tatigian stated as a. zoning regulation there may be trouble regarding this and public health, safety, and general welfahe• Mr. Whitehead referred to Page 25, number 4 and stated that in developing the area as specified there would have to be eight acres in a developed area in order to comply. Less land would be required in an undeveloped areas Also No. 1 and No. 4 are in conflict. Page 27, Secticn 4.04 No comment Page 28, Section 4.06 Mr. Rodney Kropf, 32510 Plymouth Road, stated on an 80' lot a $30,000-$40,000 house is not being encouraged. Is it better to have more side yard or a better home. Mr. Hull stated in his opinion the set backs are reasonable and did not think they should be changed at all. Mr. Heap stated that if it is not stated in the ordinance when adopted that existing approved plats are eliminated from these requirements, than every plat that has been approved by the commission and CityCouncil that have not been built and have 151' side yards will now have to have 18' or come before the Zoning Board of Appeals. There was much discussion regarding wording " Two side yards, each not less than - and combined width of both not less than." It was decided that this should read Two side yards, each not less than and a Combined width of both not less than Page 30, Section 5.03 No comment. Page 33, Section 6.03 Mr. Pollock questioned whether commission is an advisory body. Mr. Tatigian stated in this area it is a matter of how you want to delegate it. Mr. Arthur Golis, 14218 Barbara, stated where the word "Council" appears it should read "City Council". Mr. Firestone stated that it might be a good idea to include this in the list of definitions under Section 2.02, No. 4 to read (4) City Counci'-the CityCouncil of the City of Livonia •4 4 ` i'86 and then to refer to it as CityCouncil rather than Council as suggested by Mr. Golis. Page 354 Section 7.02 No Comment. Pae 36, Section, .Q3 Mr. !Pollock stated hp could not see where the City Planning Commission is an adgisory body according to the City Charters Mr.Tatigian stated that the City Council can db all the work regarding waiver uses if they so desire: The Charter does say there should be a Planning Commission. Mr, Pollock stated that either this is an advisory body to the City Council or it is a commission which makes decisions and takes the responsibility for them. Mrs Tatigian stated that regarding change of zoning, =mission does recommend to the Coun•il. However, regarding the Master kans1 the commission makes the decision and the Council reCeiVes the dhbu{nent and places it on file (they can oVd Tule the commission but only with a 2/3 vote), Regarding waiver uses it car! 1e done either way - a recommendation to the City Council or decision by coMtission. There is riothttg spelled out, Mr. Firestone stated the use of recommendations and the degree tr which commission makes recottlMendations bidding or not binding is a matter for enactment within the Zoning Ordf rite provided its consistent with the State Enabling Act. Sug estedinstead of looking at Zoning Ordinance No. 60, it might be better to look at State Enabling Act regarding zoning regulations. Mr. Hull stated that even if commission were to change the wording from that submitted by the Council, the commission wouldn't have a cha&e because the Council would just change it back again before they adopted it,. The only way it can be changed is by having the Council agree to change it back. Mr. Tatigian stated he is surprised the Council wants this additional work. Referred to Page 115, Section 19.02 and wording "refuse the requested waiver''. Page 38, Section 8103 No comment. Page 39, Section 8.03 '4o comment. Page 40, Section 9.03 No comment. Page 42, Section 9.05 No. comment. Page 42, Section 9.06 No comment. Page 43, Section 10.02 No comment. Page 46, Section 10.02 No con-anent. Page 46, Section 10.03 No comment. Page 47, Section 10.05 No comment. Page 48, Section 10.07 No comment. Page 48, Section 10.08 No comment. Page 53, Section 11.03 No comment. Page 54, Section 11.03 No comment. Page 58, Section 11.03 No comment. Page 59, Section 11.03 No comment. Page 60, Section 11.03 No comment. Page 60, Section 11.03 No comment. 4287 Page 61, Section 11.03 Mr. Hull stated he did not think this reasonable. Did not think commission is in a position to make field inspections and that it would be better for this to be under the Bureau of Inspection's jurisdiction. Mr.Walker agreed that this would be more in line with Bureau of Inspection's work. Page 72, Section 16.02 No comment. Page 73, Section 16/04 No comment. Page 74, Section 16.06 No comment. page 77, Section 17.05 No comment. Page 80, Section 18.06 No comment. Page 80, Section 18.07 No comment. Page 81, Section 18.07 No comment. Page 84, Section 18.13C (c) No comment. Page 88, Section 18.15 No comment. Page 90, Section 18.18 (e) No comment. Page 99, Section 18.37 (n) No comment. Page 100, Section 18.38 (9) No comment. Page 101, Section 18.38 (21) No comment. Page 101, Section 18.38 (22) No comment. Page 103, Section 18.41 No comment. Page 103, Section 18.42 No comment. Page 103, Section 18.44 No comment. Page 1(./. Section 18.48 (b) Mr. Wrghtman stated in his opinion shock absorbing material etc. should be maintained in ordinance. Page 113, Section 18.50E No aliment. Page 115, Section 19.02 Mr. Hull suggested all the waiver use sections be checked into. Mr. Tatigian stated this section is verbatim from 17.01, Zoning Ordinance, No. 63 Commission can r :fuse a waiver use period. That's the way it looks. This and Section 19.06, Page 117 leaves something to be interrupted. If commission can only recommend and City Council makes the determination, what need is there for an appeal. Mr. Walker stated there has to be some way that the commission has the respect of the people coming before it and not just a stepping stone to the Council, Mr. Walker suggested Pages 115 through 120 be studied in detail. z.:.ge 126, Section 21.05 No comment. Page 131, Section 22.02 No comment. Page 133, Section 22.03 (c) 2 No comment. 4288 Page 134, Section 22.05 No comment. Page 140, Section 23.03 No comment. Page 143, Section 24.03 No comment. Upon a motionduly made by Mr. Wrightman, seconded by Mr. Ward, and unanimous. adopted, it was #1-16-65 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on Thursday, January 21, 1965 at approximately 11:30 p.m. CITY PLANNING COMMISSION /ca &, , ,� Bob R. Whitehead, Secretary ATTESTED: • a). G062,-11--;)1 Charl-s W. Walker, Chairman i