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HomeMy WebLinkAboutPLANNING MINUTES 1970-01-20 5786 MINUTES CF THE 213th REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA t* On Tuesday, January 20, 1970, the City Planning Commission of the City of Livonia held its 213th Regular Meeting and a Public Hearing at the Livonia City Hall. Mr. Raymond Tent, Chairman, called the Public Hearing to order at approximately 8:15 p.m. with approximately 10 interested persons in the audience. Members Present: Raymond W. Tent Donald Heusted Harry Wrightman Marvin Moser Robert Colomina H. Dow Tunis Joel LaBo Messrs. Don Hull, Planning Director; John J. Nagy, Assistant Planning Director, were also present. Mr. Wrightman announced the first item on the agenda is Petition 69-11-2-27 by Thaddeus J. Alberts requesting to be granted a waiver use permit to use existing building located on parcel 350LAb2. The petitioner, Thaddeus J. Alberts, was present, He explained the present use of the building and the fact that he was leasing a portion of it for a third purpose - there would be one-third occupied by real estate, one-third by insurance and the center for utility or service portion. He stated he mus -da this as taxes are up 75% in the last four years. Mr. Tent asked how long had the real estate and insurance businesses been there. Mr. Alberts stated since May 1969, adding that he did not know a waiver use was needed. Mr. Tent referred to a letter in the file dated November 28, 1969 from where reference is made to a resolution stating that the insurance business is PS but for the r..a1 estate portion a waiver use would be required. Mr. Wrightman asked if Mr. Alberts was the owner of the property. Mr. Alberts answered, yes. Mr. Wrightman asked if when the building was originally designed sufficient parking was allowed. Mr. Alberts answered, yes. Mr, Wrigh .L._.. ^'end if the waiver use is permitted would this effect the parking requirements or is thcre sufficient. Mr. Alberts stated there is less insurance activity in there now - there is actually more parking than required. Mr, Hull stated that for the size of the building he needs only 12 spaces, which the plan shows; that Mr. Alberts is not in violation of the ordinance. I 5787 Mr. LaBo stated that having lived in that neighborhood and remarking about the cleanliness and neat manner in which this property is kept he asked if it would be kept the same. Mr. Alberts stated that the real estate people had requested permission for a sign in front of the building and that this will be up to the City to determine: Mr. LaBo stated he liked the decorum as it now is and would hate to see it with neon signs which would spoil it completely. Mr. Tent stated that there are restrictions for signs in the city ordinances and if larger signs are desired persons have to go before the Zoning Board of Appeals. He stated he agreed with Mr. LaBo. Mr. Tent asked if there was anyone in the audience who wished to be heard on the petition - there was no one. Mr. Moser asked if this petition is approved is there anything to prevent him from using the entire building for real estate. Mr. Hull stated they can limit the space at the Commission desires. Mr. Tent stated that according to the resolution it is the southerly half of the building involved here. Mr. Moser asked if this would be the H. J. Marshall Company or would petitioner sell it to another real estate outfit, i.e. one that advertises "Cash for Your Homes" etc. He expressed fear of this type of business in that area. 11110 Mr. Hull stated it could change ownership, and be a valid use. Mr. Wrightman asked what portion of the building is being used for real estate. Mr. Nagy stated on the plan it would be one-half of the building. There was a short discussion as to the persons in the building, etc. and Mr. Alberts stated that there are only two at one time in the real estate portion - that it works more or less in shifts. He added that the conference room is not used by anyone but it could be used. Mr. Wrightman asked if they could petition to put two more offices in there. Mr. Alberts stated it could be done but the operation has never used the area of the building inasmuch as there are never more than 2 persons there. Mr. Wrightman stated he felt this should be tied down to a maximum amount of square footage for use to control some of the other practices which go along with real estate activities. Mr. Tent stated that a condition could be made when the motion is made. Mr. Tent, Chairman, stated that the matter would be taken under advisement. r • 5788 Mr. Wrightman announced the next item on the agenda is Petition 69-12-2-28 by St. Mary Hospital requesting to be granted a waiver use permit to use property located on the southwest corner of Five Mile Road and Levan in the Northwest 1/4 of Section 20 for the expansion of existing hospital facilities. Mr. Tent asked if petitioner's representative was present. Sister Mary Columbine was present and explained the plans of St. Mary's Hospital for expansion. She explained their plans for the present building but stated that this petition is for the property east of the building, to erect a seven story building - five stories to be used now - the other two for future completion. She stated they would have approximately 175 beds, new X-ray department, library, 20 beds for mental health and 30 for continued care. It would also house a clinic. She stated they had applied to the State for a grant - they want to open a clinic for the use of the people of Livonia which would be for mental health. Mr. Tent asked how long before the work would start. Sister Mary Colombine stated that they had already started and their progress would depend upon such things as the strike of the trades which is anticipated shortly. She stated that they anticipated completion in 1972. Mr. Tent stated that t'he City is very interested in the proposed building be- coming a reality with a capacity of 360 beds and if the two additional floors are added reaching a capacity of 480 beds. There was a short discussion as to the comparison of this future hospital with surrounding hospitals; the fact that St. Mary's has to transfer about 20 patients per week because of the lack of adequate rooms; she advised the Commission that St. Mary's had been designated by the County for this expansion. Mr. Tent asked if they would take care of out-patient, convalescent care - this type of service. Sister Colombine replied, no - they would have sub-acute units for persons who are no longer critical but cannot leave, i.e. persons in traction. She stated they would have 20 such beds. She stated that the mental unit would be day or night care but not out-patients. The Commission expressed the City's appreciation for the work the Sisters are doing. Mr. Tent, Chairman, declared this matter would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 69-11-3-10 by Ronald White requesting to vacate and extinguish an 18 foot wide easement located along the north property line of Lot 298 and 311 of Botsford Park Subdivision in the Southeast 1/4 of Section 1. Mr. Tent stated there is a letter dated November 28, 1969 in the file from Mr. Strasser, the City Engineer, stated there is no objection to vacating the easement because City maintained facilities would not be effected. He stated there is also a letter from the Detroit Edison Company dated January 15, 1970 expressing their objection as their equipment involved here are pole lines. I • 8789 Mr. White, 19684 Antago, petitioner, was present and discussed the petition with the Commissioners. He stated he would only need the southerly one half of the easement and wondered if the utility company could move the poles to the north 4 side of the easement. Mr. Tent stated that a certain portion has to be retained to permit the utility trucks to enter. Mr. White advised the Commission that the building permit issued stated "vacated easement" for this area. He stated he wants to put in a garage and needs at least the southerly 9 feet. Mr. Hull stated he felt the Department could contact Detroit Edison and get the answers on this petition, suggesting that the matter be held over. Mr. Moser asked Petitioner if he is trying to have the 18' vacated. Mr. Hull answered he would see what Edison would agree to. Mr. Tent, Chairman, stated the matter would be taken under advisement. Mr. Urightman, announced the next item on the agenda is Petition 69-11-3-11 by Rodney C. Kropf, attorney for Joseph V. Grande, requesting to vacate a 20 foot wide public alley located south of Seven Mile 'toad between Irving and Filmore Avenue in the Northeast 1/4 of Section 9. Mr. Tent stated there is a letter in the file from Mr. Strasser dated January 14, 1970, stating that a 7' right-of-way along Seven Mile Road is needed and since there are two ownerships involved, two deeds are needed. There was a letter from Detroit Edison Company expressing objection to the petition. There was L also a letter from a resident objecting to the petition. Mr. Tent asked if petitioner was present. Mr. Kropf, attorney for petitioner, was present. He explained that petitioner wants to put up a store but found he had insufficient depth for parking and set back and at the suggestion of the Zoning Board he is asking Planning Commission to vacate the alley. He stated he knows that Detroit Edison has an easement there but petitioner is prepared to work this out. He said they are only interested in vacating behind lots 27 through 33 abutting Lot 291 and if the adjoining owner objects to this petition petitioner will just ask for this portion 'to be vacated. Mr. Colomina stated he would not like the entire alley vacated as the Commission would lose its control in the area. Mr. Tent added he would like to see a site plan of the proposed use. There was a short discussion regarding the number of ownerships involved in lots 33 through 39 and what might happen to the remainder of the area should the alley be vacated; the alleys in the area already vacated, etc. Mr. Colomina again expressed his fear of the Commission's losing control of the growth of the area in question. He stated if the alley is vacated petitioner d could build on the side street; as it is now he has to come before the Commission. • 8790 Mr. Tent stated the quit claim deed for the Seven Mile Road right-of-way would have to be signed. Mr. Kropf stated that is no problem, just give it to him and he would have it signed. Mr. Moser raised the question of adjoining buildings on Seven Mile Road and there was a short discussion of the old stores which are now there. He also questioned if it would be strip stores to be erected by petitioner. Mr. Kropf replied it would not be big enough for anything else. Mr. Tent asked if there was anyone in the audience wishing to be heard on the matter. There was no one. Mr. Tent, Chairman, declared the matter would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 69-11-1-41 by the City Planning Commission, pursuant to Council Resolution #991-69, requesting to rezone property located on the northeast corner of Lyndon Ave. and Farmington Road in the Northwest 1/4 of Section 22 from RUF to R-3 and P.S. Mr. Nagy explained the purpose of the petition; the splitting of the property to request both R-3 and P.S. zoning. Mr. Tent stated there is a long history to this petition; there have been several site plans. He stated that the City Council has directed the Commission to hold the public hearing in a letter dated October 28, 1969. He also stated that there is a letter in the file from Mr. Monaco. Mr. Clarence Charest, attorney, was present to represent the owner of the property Mr. Joseph Monaco. Mr. Charest discussed the surrounding subdivisions such as Kimberly Oaks in which the lots are 60' wide and compared this to Mr. Hull's recommendation that a tier of lots on the easterly side of the parcel be 70' x 120' which far exceeds the requirements made of the subdivision. He stated that he understands that this is meant to act as a buffer zone and this is understandable, but the require- ments here should be no more stringent than those used for the subdivision. He proceeded to discuss the plans which had been considered to date on this property, the high density and the need to control it. Mr. Tent referred to the building originally proposed and the fact that it would require so much parking area; that the Commission has to control the density which means the size of lots must increase - not decrease; the depth in the last sketch shows 96' for the lots where the ordinance requires 120' in depth for R-3, the requested zoning, and in such cases hardship must be proven before another City body. He stated that the Commission's plan was best for the City's needs. Mr. Tent stated the Commission cannot act on a petition which is in violation of the existing ordinance; can only approve deficiency in lot size if the boundaries cannot be moved. 8791 Mr. Charest reminded the Commission they were only here to approve a zoning change that petitioner would have to worry about the variance. go There was a short discussion; Mr. LaBo wondered if the parcel could/P.S. with petitioner coming in later for the R-3; Mr. Hull stating that even though the lot number is decreased the petitioner is intensifying the use of the P.S. property; there is no way petitioner can use it for residential property; there is no way the Commission can approve preliminary or final plat; Mr. Hull felt to give him the use he wants Commission would be prostituting their own ordinance and put themselves in a bad position. Mr. LaBo stated he felt the property would not accommodate what the Commission wants it to do. Mr. Charest discussed the schemes brought in to date, including one which put two buildings on the property which is completely against economic factors. He stated he cannot understand what is wrong with the building proposed for that property, with large parking area. He said consideration should be given to what the land can be used for; they are living within the ordinance with P.S. whether or not they ever plat the remainder of the property and suggested that if the Commission so desires they should just deny the residential and grant the P.S. Mr. Harold Nielson, 33125 Barkley, asked if notices would again be sent out if this matter comes up again. Mr. Nagy advised him that if the matter goes before Council, the notices of Public Hearing would be sent out again. Mr. Charest reminded the Commission that the big problem here is the fact that the City of Livonia took so much of the property from this parcel for Farmington Road - he admitted that the City did a wonderful job of widening Farmington Road, however, the problem here is a direct result of it. Mr. LaBo asked if the building now proposed is a 2 story with a basement level. Mr. Nagy advised that it is 2 1/2; two stories above grade - 1/2 below grade. Mr. Wrightman asked if the civic association was aware of this proposed building. Mr. Monaco stated it was presented to the executive board of the Civic Association of Kimberly Oaks and they gave their approval. Mr. Nagy stated the petitioner's proposal was also presented to the Kimberly Oaks Civic Association general meeting and the people were not aware of the deficiency in the lot depth and on that basis they said they would object to it. Mr. Charest stated that the fact that there was no appearance of objectors nor letters in the file objecting and that should mean something. Mr. Tent, Chairman, declared the matter would be taken under advisement. On a motion duly made by Mr. Moser, seconded by Mr. Tunis and unanimously carried, it was • 8792 #1-1-70 RESOLVED, that the City Planning Commission does hereby adjourn the public hearing held on Tuesday, January 20, 1970 at approxi- mately 9:45 p.m. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. * * * * * * * * * * * * * * Mr. Tent, Chairman, called the 213th Regular Meeting to order at approximately 10 p.m. with approximately 10 interested persons in the audience. Mr. Wrightman announced the first item on the agenda is Petition 69-11-2-27 by Thaddeus J. Alberts requesting to be granted a waiver use permit to use existing building located on parcel 350LAb2 on the northeast corner of Hathaway and Middlebelt Road in the Southwest 1/4 of Section 36, as a real estate office. Mr. Tent stated that only the northerly one-third portion of the building would be considered under this waiver - one third of the usable square footage. Motion was duly made by Mr. Colomina, seconded by Mr. Wrightman to approve the petition, limiting the footage involved to one-third of the building.. Mr. Wrightman stated they are talking about approximately 1/3 of the total square footage and he felt they should be tied down to the square footage of the offices. There was a short discussion about the conference room. Mr. Alberts stated the north one-third was leased but tenant has access to the storage room even though the lease reads the north 1/3 of the building. Mr. Moser stated it should be one-half of the building as he will need conference room, storage room, etc. This was followed by a short discussion. Mr. Moser made a motion to amend the motion on the floor to one-half the building as a real estate office as tenant will need it. Mr. Wrightman stated he did not want to extend it any further. Mr. LaBo seconded Mr. Moser's motion. A roll call vote to amend the motion to one-half the building resulted in the following: AYES: Tent, Heusted, Moser, LaBo NAYS: Wrightman, Colomina, Tunis Mr. Tent declared the amended motion approved, and stated the motion on the floor is as amended to one-half the building area. A roll call vote on the amended motion resulted in the following: AYES: Tent, Heusted, Moser, Colomina, LaBo, Tunis NAYS: Wrightman 8793 Mr. Tent declared the motion carried and the following resolution adopted: #1-2-70 RESOLVED that, pursuant to a public hearing having been held on January 20, 1970 on Petition 69-11-2-27 by Thaddeus J. Alberts requesting to be granted a waiver use permit to use existing building located on parcel 350LAb2 on the northeast corner of l-'athaway and Middlcbelt Road in the Southwest 1/4 of Section 36, as a real estate office, the City Planning Commission does hereby recommend to the City Council that Petition 69-11-2-27, as amended, to include one-half the square footage of the building, be approved for the following reasons: (1) It is a logical use at this location and will not conflict adversely with other uses in the area or in the same structure; (2) The incorporation of this use into this facility will not violate any ordinance requirements; FURTHER RESOLVED, notice of the above public hearing was sent to property owners within five hundred feet, petitioner and City Departments as listed in the Proof of Service. : 7= ht n announced the next item on the agenda is Petition 69-12-2-28 by St. Mary Hospital requesting to be granted a waiver use permit to use property located on the southwest corner of Five Mile Road and Levan in the Northwest 1/4 of Section 20, for the expansion of existing hospital facilities. On a notion duly made by Mr. Tunis, who stated this was in the best interest of the City, and seconded by Mr. Colomina, and unanimously carried, it was toy #1-3-70 RESOLVED that, pursuant to a public hearing having been held on January 20, 1970 on Petition 69-12-2-28 submitted by St. Mary Hospital requesting to be granted a waiver use permit to use property located on the southwest corner of Five Mile Road and Levan in the Northwest 1/4 of Section 20, for the expansion of existing hospital facilities, the City Planning Commission does hereby recommend to the City Council that Petition 69-12-2-28 be approved for the following reason: (1) It is in the best interest of the City to accommodate this additional facility because there is a great need for additional hospital space; this need is based upon Livonia's ever-in- creasing population and upon the need to adequately provide facilities for the numerous people employed within our City; FURTHER RESOLVED, notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Depart- ments as listed in the Proof of Service. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. r' 8794 Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. tipMr. Wrightman announced the next item on the agenda is Petition 69-11-3-10 by Ronald White requesting to vacate and extinguish an 18 foot wide easement located along the north property line of Lot 298 and 311 of Botsford Park Subdivision, in the Southeast 1/4 of Section 1. Mr. Tent, Chairman, declared this matter would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 69-11-3-11 by Rodney C. Kropf, attorney for Joseph V. Grande, requesting to vacate a 20 foot wide public alley located south of Seven Mile Road between Irving and Filmore Avenue in the Northeast 1/4 of Section 9. Upon a motion duly made by Mr. LaBo, seconded by Mr. Wrightman, and unanimously carried, it was #1-4-70 RESOLVED that, pursuant to a public hearing having been held on January 20, 1970 on Petition 69-11-3-11 as submitted by Rodney C. Kropf, attorney for Joseph V. Grande, requesting to vacate a 20 foot wide public alley located south of Seven Mile Road between Irving and Filmore Avenue in the Northeast 1/4 of Section 9, the City Planning Commission does hereby recommend to the City Council that Petition 69-11-3-11, amended to vacate the westerly one-half of the alley, abutting lots 27 through 33, be approved subject to the following conditions; 111, (1) Receipt of additional seven foot right-of-way for Seven Mile Road; and (2) Easement be maintained over the property for Detroit Edison Company; for the following reasons: (1) There is no need for a public alley in this location and the existing alley only bisects the zoning pattern of the area; (2) There is no physical construction within the alley right- or-way and it is questionable as to whether construction will ever take place within the alley right-of-way so the right-of-way is not needed; FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under data of December 31, 1969, and notice of such hearing was sent to the Detroit Edison Company, Michigan Bell Telephone Company, Chesapeake & Ohio Railway Company and Consumers Power Company, City Departments and Petitioner as listed in the Proof of Service. Mr. Tent, Chairman, declared the motion carried and the foreging resolution adopted. 8795 Mr. Wrightman announced the next item on the agenda is Petition 69-11-1-41 by the City Planning Commission, pursuant to Council Resolution #991-69 requesting to rezone property located on the northeast corner of Lyndon Avenue and Farmington Road in the Northwest 1/4 of Section 22 from RUF to R-3 and P.S. Mr. Wrightman made a motion that this matter be taken under advisement to consider possibility of taking entire parcel into P.S. and the fact that a good portion of this property was taken for right-of-way, which motion was seconded by Mr. Moser and unanimously carried. Mr. Tent asked Mr. Charest if the petitioner is in favor of this. Mr. Charest replied, yes. It was RESOLVED, that Petition 69-11-1-41 by the City Planning Commission, pursuant to Council Resolution #991-69, requesting to redone property located on the northeast corner of Lyndon Avenue and Farmington Road in the Northwest 1/4 of Section 22 from RUF to R-3 and P.S. be taken under advisement and referred back to a study session for further consideration. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is Petition 69-10-2-25 by Donald C. Deremo, attorney for Rafic A. Jordan, requesting to be granted a waiver use permit to construct an auto wash on property located on the south side of Plymouth Road between Farmington and Stark Road in the Northeast 1/4 of Section 33. Mr. Hull stated that the petitioner is desirous of withdrawing this petition. It was also noted that his desire to withdraw was in the last set of minutes. Mr. Moser stated that subsequent to Council's approval of the other petition he asked that this be withdrawn. On a motion duly made by Mr. LaBo, seconded by Mr. Tunis and unanimously carried, it was #1-5-70 RESOLVED that Rafic A. Jordan, petitioner, be allowed to withdraw Petition 69-10-2-25 which requested a waiver use permit to construct an auto wash on property located on the south side of Plymouth Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is Petition 69-5-8-2a by Harold Kaufman requesting approval of revised site plan for pro- posed addition to shopping center located at Five Mile and Levan Road. IL Mr. Tent advised that Mr. Nagy had prepared the revised site plan and thanked the Planning Commission and staff. 8796 Mr. Nagy gave a presentation of the revised plan, the stores, landscaping, etc. and there was a short discussion regarding the shopping center. a On a motion duly made by Mr. Colomina, seconded by Mr. G)rightman and unanimously carried, it was #1-6-70 RESOLVED that, the City Planning Commission, pursuant to Section 9.03 of Ordinance No. 543, the Zoning Ordinance, as amended, having reviewed Site Plan #6912, presented in connection with Petition 69-5-9-2a approved by City Planning Commission Resolution #6-93-69 adopted on June 10, 1969, does hereby recommend to the City Council that Petition 69-5-9-2a requesting site plan approval for the pro- posed addition to shopping center located at Five Mile and Levan Road, in Section 17, be approved subject to the following conditions: (1) that Site Plan #6912 and Landscape Plan dated November 4, 1969 be adhered to; (2) that the landscape material be installed within one and one-half years after the petition is approved; (3) that the architectural details conveyed by plans prepared by the architectural firm of Levine, Alpern and Associates and transmitted to the Planning Department by Mr. Edward Mesch on January 8, 1970 be adhered to; for the following reason: (1) it is of sufficient calibre and quality to justify Planning Commission approval; Mr. Tent, Chairman, declared the foregoing motion carried and resolution adopted. Mr. Glrightman announced the next item on the agenda is the approval of plan developed by John E. Hiltz and Associates, Inc. for the separation of storm and sanitary sewer within the southeast sector of our City as it relates to the comprehensive planning for water and sewer systems being developed by the regional metropolitan agency known as SEMCOG. Mr. Tent stepped down as Chairman. On motion duly made by Mr. Colomina and seconded by Mr. Tent, and unanimously carried, it was #1-7-70 RESOLVED that, the City of Livonia Planning Commission, having reviewed the various elements of the Livonia Plan as developed ,. . by John E. Hiltz & Associates, Inc. , for the separation of storm and sanitary sewer facilities within the southeast sector of the City, does hereby concur that said plan will dovetail with the area-wide comprehensive planning for water and sewer systems being developed by the regional metropolitan agency known in this area as SEMCOG; and ILi that said plan will meet the short term and long term sanitary sewer and storm drainage master plans cf the community; and 8797 that the water and sewer system is being planned jointly to fit in with the master plan for the entire metropolitan service area; II and that the City of Livonia Planning Commission does hereby approve of said plan including the financing of the facilities and the Planning Director is hereby requested to forward the foregoing information to the Chicago Office of HUD. Mr. Urightman, acting Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Tunis, seconded by Mr. Wrightman, and unanimously adopted, the City Planning Commission adjourned their 213th Regular Meeting held on January 20, 1970 at approximately 10:45 p.m. CITY PLANNING COMMISSION 41110,52A.t 4 i ,„,6) Harry f•]ri /than, Se i7 tary ATTEST: 4-,10,,c*-)4.7.42/71ke.71-- Raym d U. Tent, Chairman LI