HomeMy WebLinkAboutPLANNING MINUTES 1970-09-22 8942
MINUTES OF THE 221st REGULAR MEETING
110, AND A PUBLIC HEARING HELD BY THE CITY
FLANNING COiMISSION OF THE CITY OF
LIVONIA
On Tuesday, September 22, 1970, the City Planning Commi9sion of the City of
Livonia held its 221st Regular Meeting and a Public Hearing at the Livonia City
Hall, 32001 Five Mlle/load, Livonia, Michigan.
Mr. Raymond W. Tent, Chairman, called the Public Hearing to order at approx-
imately 8:15 p.m. with approximately 25 interested persons in the audience.
Members pres at : Raymond W. Tent Robert Colomina Francis Hand
71. lndrew Joseph R. Talbot Marvin Moser
Charles Pinto
Members absent: H. Dow Tunis Joseph J. Falk
Messrs. Don Hull, Planning Director; Ralph H. Bakewell, Planner III; Gary
Sackett, Assistant City Attorney, and John J. Nagy, Industrial Development
Coordinator, were also present.
Mr. Hand, Acting Secretary, announced the first item on the agenda is Petition
70-G-3-6 by Roy M. Stewart requesting to vacate the north three feet
of a six-foot wide easement located on the east side of Colfview
Drive, north of Five Mile Road, in the Southeast 1/4 of Section 17.
Mr. Tent stated that Mr. Stewart originally requested a two-foot wide easement
vacating but the petition has been amended to request three feet. He stated
there is e 1Ater in the file from the Engineering Department saying there are
no engineering problems connected with this petition and a letter from Detroit
Edison Company stating they do not approve of this vacating petition because of
exisiting cverhead utilities.
Mr. Roy M. Stewart, petitioner, was present and stated he found out about this
flaw when he attempted to put ' a a screened porch, but it was created by the
builder and the City approved it. He said he was advised by the City Engineer
and City Attorney that the best way out would be to try to vacate-it.
Mr. Andrew said he takes from Mr. Stewart's sketch that a portion of the existing
house also encroaches.
Ir. Stewart stated yes, a portion of the house and chimney.
Mr. Pinto requested to cn.cw if there are any City installations in the easement.
Mr. Tent, stated :no, only rdison's and they have stated objections.
Mr. Pinto stated he was c-irpri.sed that the mortgage company did not bring this up.
Mr. Stewart stated he even had a lawyer when he purchased the house.
Mr. Pinto stated that even if Mr. Stewart's petition is approved by the Commission
he is not sure the interest of Detroit Edison will be eliminated. He said if the
Commission acts and the Council does the interest of the City may be eliminated
but not Detroit r.dson's.
8943
Mr. Stewart asked how could this be done.
Mr. Pinto suggested the City Attorney.
Mr. Tent questioned Mr. Sackett regarding the City's position with Detroit Edison
if this petition is granted and what experience has the City had in this regard
before.
Mr. Sackett, Assistant City Attorney, stated this gentleman has been into the
Legal Department and the only thing he knows is that some reference was made
to the subdivision control act of several years ago and he wonders if this might
cause sole problems. He said he could look into the matter further if the
Commission w_'_shes.
Mr. Hull, Planning Director, stated this has been reviewed with the Legal Depart-
ment and the result as set up in approving resolution is what they have recom-
mended; that the City vacate its interest but this would not eradicate the ease-
ment. The petitioner will have to go to Circuit Court to consummate the action.
The Circuit Court can eradicate the easement as long as they have a favorable
recommer:cation from the Council.
Mr. Andrew stated he is agreed to granting this request but vmuld like the reason
that there are no public utilities that conflict with this portion of the easement
stricken.
Mr. Hull stated there is a conflict between the two letters which have been
received fro:-: the Detroit Edison Comrany; the first stated they have less
objection to the vacating than the second letter.
Mr. Pinto questioned if Edison has a total 12' easement and they have a pole 1'
into Mr. Stewart's property.
Mr.. Stewart rep1.'_ed, yes.
Mr. Pinto stated that is the problem then - Edison did not locate the pole
in the riddle of the easement.
Mr. Ten* stated that as far es we are concerned the City has no t ilIties in the
easement.
Mr. Pinto skated he =las a feelixg that the City can't give away Edison's rights -
only it3 own and Mr. Stewart --,n1 have to clear this with Edison.
Mr. Talbot stated that to clear his property for sale he sill has to go through
Circuit Court.
Mr. Tent stated the Commission will take action on this rtition tonight at its
regular meeting and it will be transmitted to Council; after that it will be the
Circuit Court to be dealt with.
There was no one else wishing to be heard regarding this item.
Mr. Tent stated the item will be taken under advisement.
8944
Mr. Hand announced the next item on the agenda is Petition 70-7-2-18 by
Robert Schaner requesting to be granted a vaiver of use permit
to erect an automatic car wash with gasoline dispensing facilities
on property locatel on the east side of Farmington Road, south
of Light Mile Read, in ...he Northwest 1/4 of Section 3.
Mr. Tent stated there is a letter in the file from the Engineering Department
indicating there is a problem regarding drainage.
Mr. Robert Schaner petitioner, 32435 Nestlewood, was present-acid said ,he .held
asked the car wash people to be present tonight to ;resent this_petition.
Ar. Don Hurley, representing the petitioner, was present and stated this site was
chosen because of a tremendous need for a modern car wash facility in Livonia and
they attempted to stay away from trouble areas such as. Middlebelt and Plymouth
Road which are already plenuedl with congestion. Mr. Hurley said this is a car
wash facility where the car goes through a waxing and drying with air blowers
and where the customer remains in his car. He said water is re-used and re-
circulated so that they will be throwing away only 20% of the water normally
thrown away by a car wash. It is their desire to operate from 7:00 a.m. to 9:00
p.m. Aoniay through Saturday and the closing hour on Sunday would be earlier.
There would be no interior cleaning and a minimum of manpower; on peak days, two
attendants and uanimuum crployees will he four. Mr. Hurley stated that Mr. Schaner
now operates a filling station in Birmingham and has met the high standards they
have put forth. '.Te sho-:ed? a ^i..ctu-_e of the operation in Birmingham to the
Commission. He also rLferred to articles from the newspaper and oil companies
stating intentions of clos_h:g their existing stations and going over to this type
of gas dispensing and car x ash o.'eration.
Mr. Tent asked if there are any similar operations in the metropolitan area.
Mr. Hurley stated yes, there are many; there is one in Redford Township on
Plymouth road and one in Plymouth. on Plymouth that are similar to this. He said
it was celled to their at, auti.on that there is a problem regarding storm water
in this area and they have the same problem in other areas where drains are put
in primarily to take cane of water on the road and in somecases they have been
allowed to put in a large sump called a dry well. He stated this method is not
acceptable to the City's Engineering Department so theyhive made studies as to
what could be done but are not prepared to give complete details as to size of
drains, etc. , but they do have definite plans. He said they first need a topo-
graphical survey and they have contacted Mr. Norman Lihnr of the Supreme Manu-
facturing Company. His property comes up to the rear of this site; there is an
old sanitary sewer en Sea.=_-aide being used 90% for gorm water and is available
for storm drainage. It is planned to run a pipe from this site and to drain
into the e_-isti_ng se' er on ha'lycide. This plan wal nece i.tate an easement from
this gentlemen to the City of Livonia and we have a letter from him expressing
his desire `o cooperate with tlis company; it is not a commitment. Mr. Hurley
stated it is their intention to put these pipes where a permanent building could
not be put and it is aecen_a.ble to the City's Engineering Department that an
easement can be covered with pave-tent and used for parking. He also has a letter
from Mctl e'y & Lincoln anknorledgirg the fact that the sewer he refers to is
present and available, however, due to the age of the sewer•it:is -difficult
to determine from the City's records exactly where it is and how deep it is.
Mr. Tent : equested to know when Mr. Hurley first became aware of this condition.
8945
Mr. Hurley stated they didn't know about it until after the Commission's study
meeting which was only about a week aqo and they haven't had time even to get
drawings.
Mr. Tent stated this is a waiver uge which is only granted for one year and it
will take longer than that to solve the drainage problem.
Mr. Hurley stated they could 117,va their plans prepared within a week and
technically it is their responsibility to solve the problem to the satisfaction
of the Engineering Department.
Mr. Tent stated this would he a fairly expensive facility.
Mr. Hurley stated they know and have considered the cost.'. noes of it and may
have to abandon it in the end.
Mr. Mose:: asked if err. Sc'ha.ner has an option on this property, and is there
a particu+_a_r type of ge.. that he will pump.
Mr. Hurley stated Mr. Scha.ner has a lease with a purchase agreement, and that a
deal has not been made with a gas company yet but it will be a major one.
Mr. Pinto questioned what Mr. "urley suggested regarding the easement that he is
presently negotiating for and which would ultimately be the City's and asked if
this is a eq,;ir'ener_t of the City of Livonia.
Mr. Hurley stated yes. Lie also said they have covered landscaping in their plans
and will accept a condition on the part of the Commission regarding landscaping.
Mr. Tent questioned how they would accept the car wash without the gasoline
facility.
Mr. Hurley stated that he had pointed out before that the trend is to change over
to car wash and gas pumping feoilities.
Mr. Tent stated this has come up many times and there has been much discussion
on the subject and expressed concern over the remark 7t. gas station businesses
will be taken over.
Mr. Hurley said half the gas sold in Detroit is. sold along with car washes; it
doesn't effect the major gas companies because that type of station offers the
other services that are required from a first-class station, but what it will
effect are the type of stations that have been being put out of business. Mr.
Hurley stated a car wash Lill draw from a three to five mile radius and a normal
service station will not and four stations located on a corner may not even notice
any difference in their business because we draw from a wider radius. He stated
they are not in the gas business, but the car wash busiess.
Mr. Tent stated that is why he asked before about gas pumps.
Mr. Hand questioned how much water would this operation use and what is the
anticipated number of cars per day.
Mr. Hurley said twenty-five gallons per car and 700 to 800 card per day would be
a busy day.
8946
Mr. Hand stated that, then, would be 3500 gallons of aer into the storm drain.
Mr. Hull stated that almost the entire area will be paved and there will be
additional run-off from that and a case in point is the travel agency on the P.S.
land on Farmington Road, north of Five Mile; they hilt their structure before
applying for a waiver use and even though the waiver was granted, Wayne County
will not let them have cub cuts to Farmington Road until the drainage problem
is solved.
Mr. Tent said Wayne County will be the factor in this case also.
Mr. Talbot questioned if this structure will be brick as shown on the picture
that was submitted.
Mr. Hurley stated yes, it will be real brick.
Mrs. Clyde Center stated she is against this petition 1m ause of the traffic.
She can hardly get out on Farmington Road new and a car wash will be worse
because of the way traffic backs up and there are four stations on four corners
there now.
Mr. Andrew asked Mrs. Center to indicate her property _gin the map and questioned
if she operates the fruit rarket.
4r , Mrs. Center stated, no, they don't have a fruit market.
There was no one else preecnt wishing to be heard regarding this item.
ILW
4r. Tent stated this is a waiver use for a car wash dispensing gasoli ie and the
Commission has to determine whether or not this property 1 ends itself to that
type of facility.
Mr. Tent, Chairman, stated this item will be taken under advisement.
Mr. Hand announced the next item on the agenda is Petition 70-8-1-31 by
Manley M. Gurwin and Employees Profit Sharing Trust of Jerome D.
Davis requesting to rezone property located on the northwest corner
of Osmus and Seven Mile Woad in the Southeast 1/4 of Section 3,
from RUF to P.S.
Mr. Tent stated there is a letter in the file from the Engineering Department
indicating there are no problems regarding this petition and a letter from
Mrs. Daniels, 19161 Osmus, objecting to the petition.
Mr. Hanley M. Gurwin, 1400 First Nttional Building, Detroit, petitioner, was
present, and stated that he is 1/3 owner of Lot 245 and his partners are Dr.
Davis, Opthalmologist on Seven rile and Middlebelt, and Alan Crow. He stated
this property was purchased in April, 1970 and it wascote'' to t''cm that..this
was a sound investment. It was their intention to rezone this property and
construct a medical clinic fen investment purposes. In March of this year Dr.
Davis informed him while he was looking for sites in this City, that there is a
lack of P.S. zoning for use as a clinic. He (Dr. Davi) then found property and
is building a which will be opened probably in abut 1973. Mr. Gurwin
stated he is fariliar with the law of zoning and when he examined this site he
found many obvious factors. First, it is located on a major thoroughfare and
8947
secondly, this property is situated next to a Jehovah Witness Church and across
on Osmus there is a United E:;brew School, so it is situated between two non-
residential lots. The subdivision to the riotth restricts all the area to single
family use except this pro::erty so it was not intended to be used as residential,
and Spring Valley Subdivision is aware that the lots on Seven Mile were not
restricted to single family use and RUF is riot a proper zoning for this property.
He stated the City now has an opportunity to rezone thisland for a use that is
consistent with the are and most consistent with the neighborhood to the north.
He said there is a shortage of structures for doctors in the area and there is no
reasonable use for this property under the present zonig classification. This
lot is not as deep as the lots to the east which were built with homes many years
ago. He stated he recognizes that this is spot zonag and he believes the
Commission should rezone the lots along Seven Mile here to a classification
consistent with the land and that he also owns Lot 276 and intends to use that
one in the future for some reasonable use; single family at this location is not
reasonable. P.S. zoning will keep out types of zoning that would not be
compatible to the area. He stated he intends to adcthe Council for this zoning
and hopes to have the endorsement of the Commission.
Mr. Tent stated that Mr. Gurwin proposes P.S. zoning fa: a medical clinic because
there is a lack of this type of facility but 50% of the P.S. zoning in the City
is unused and the cost of this land is so high that petitioners have to come
in for a change of zoning on a new piece of property. He said there is a traffic
problem here and poor visibility and this will be a factor in the Commission's
action tonight.
1
Mr. Gurwin stated he never made the statement that there is a lack of P.S.
zoning but that in Dr. Davis's search for suitable P.S. zoning it was exactly
as Mr. Tent said - the price being asked is prohibitive and so he bought the
property from an owner who was not able to rezone it and took it upon himself to
rezone it. He stated if the Commission or the Council desires no building can
be built on this property because of the health, safetyand welfare factor, then
of course it cannot be utilized for this purpose; and there is traffic and that
is another reason they want to _Locate here.
Mr. Colomina said that Mr. Gurw_n stated that Seven Mile Road, the existing
church and school takes away from the residential potential of this site. He
questioned if Mr. Gurwin is aware that at Six Mile and Middlebelt there is a
church and on the southwest corner there is a clinic and a gas station and two
blocks on the east of that begins a beautiful residential section - all next to
P.S. A church and a school are allowed uses in resibntial so with these two
buildings there the character of the residential neighhrhood has not been changed,
and basically Seven Mile Road from Farmington to Sunset except for one clinic, is
a residential street.
Mr. Andrew asked Mr. Gurwin if he had indicated that tin original restrictions
of Spring Valley excluded a residential use on thislprticular piece of property.
Mr. Gurwin stated yes, and he has the restrictions rdth him.
Mr. Tent questioned if Mr. J. Stone is involved in this matter at all.
1E:
Mr. Gurwin stated he purchased the property from him.
8948
Mr. Colomina stated there is an angular line through one corner of this pro-
posed building coming down to a house east of him that cannot be used for any-
thing but residential use.
Mr. Gurwin stated this did not show up on the title policy.
Mr. Pinto stated that deed restrictions that the subdivider placed on the plat
are of no concern to the City except for informal purporecbut they may be of
real concern to the petitinner and a benefit to the abutting property owners.
He said he believes the petitioner is being upset about diagonal lines he knows
nothing of and perhaps he should find out about the line first and that the City
does not accept deed restrictions.
Mr. Hull stated there is a serious question regarding the use of this structure
for a medical clinic; that on the plan he indicates a one-story office building
and there are no parking vitiations as long as he uses it for a general office,
but he will need twice the amount of parking if he usesit for a medical clinic.
Mr. Gurwin questioned if he would have to redo his plan for a medical clinic.
Mr. Hull stated he will not be able to do that unles he substantially reduces
the building.
Mr. M. Siegel, 19200 Auburndale, stated he has lived h e for only three years
,A10 and this Commission has acted on zoning matters in this area before. A year ago
ILV he said, there was a whole package including a gas station that came in. He
stated these lots are important ones because they are entrances into the sub-
division and if this Board had not acted to preserve the integrity of the
property along Seven Mile Road he would not have moved in to the area. He stated
he would like to compliment every past zoning board for protecting the interest
of the people of the subdivision.
Mr. John Grove, 19158 Osmus, stated he owns Lot 248 and he objects to this
petition because this would create a third entrance and with the children
already using the entrances to the church and the school, this would be a hazard
regarding traffic. He stated it is also a bit nebulous as to what he is going to
do here.
A resident, 19147 Osmus, stated he has a petition with 26 names of objectors to
this petition and presented it to the Commission stating he also objects on the
basis of traffic.
Mr. Norman Herman, 19241 Hardy, stated he has lived here for twelve years, and
objects to the petition because they are directly adjacent to the church property
and is already constantly harrassed by the noise of gravel from the church park-
ing lot and feels residential prospects should be purged for this property.
Mr. Gurwin stated he would like to express his appreciation for the courtesy in
being heard tonight and to the people who came out tonight.
There was no one else present wishing to be heard on this item.
4
Mr. Tent, Chairman, stated the item will be taken under advisement.
8949
Mr. Hand stated the next item on the agenda is Petition 70-8-1-32 by
the City Planning Commission on its own mcd.on requesting to
rezone property located on the north side of Schcolcraft,
east of Eckles, in the Southwest 1/4 of Section 19, from
R-1 to C-2.
Mr. Tent stated there is a letter in the file from Valiquette Realtors
endorsing this petition.
There was no one present wishing to be heard regarding this item.
Mr. Tent, Chairman, stated the item will be taken tinder advisement.
Mr. Hand announced the net it non the agenda is Petition 70-8-7-14 by
the City Planning Commission to amend Part V of the Master Plan
of the City of Livonia, the Master School and Park Plan, by
deleting property located in Section's 3, 7, 10, 11, 12, 31
and 33.
Mr. Tent stated the site in Section 12 is a very controversial piece of pro-
perty and the Commission would like to find out who authorized filling the
flood plain.
Mr. Colomina stated he had talked with John Dufour about a year ago and he
seemed quite happy to get thio parcel and there are a lot of homes to be
serviced by this park because of the subdivisions around it. He said he just
doesn't know why it should be deleted.
There was no one else preen_ wishing to be heard regarding this item, and
Mr. Tent stated the item be taken under advisement.
On a motion duly made by lir, Talbot, seconded by Mr. Moser, and unanimously
adopted, it was
119-97-70 RESOLVED that, the "ity Planning Commion does hereby adjourn
the Public Hearing held on September 22, 1970 at approximately
10 :05 p.m.
* * * * * * * ,. * C *
Mr. Tent, Chairman, cal'_^,i the 221st Regular Meeting to order at approximately
10:20 p.m. with approximately the same number of interested persons in the
audience as were present for the Public Hearing.
Mr. Hand announced the fir i. item on the agenda ±3 Petition 70-6-3-6 by
Roy M. Stewart r�.questing to vacate the north three feet of a
six-foot wide e.arlenent located on the east side of Golfview
Drive, north of Fi-i^_ Mile Road, in the Southeast 1/4 of Section 17.
On a motion duly made by ii.. Colomina, seconded bjMn. Pinto, and unanimously
adopted, it was
8950
#9-98-70 RESOLVED that, pursuant to a Public Hearing having been on
September 22, 1970 on Petition 70-6-3-6 as submitted by Roy
M. Stewart requesting to vacate the north three feet of a
six foot-wide easement located on the east side of Golfview
Drive, north of Five Mile Road, in the Southeast 1/4 of
Section 17, the City Planning Commission does hereby recommend
to the City Council that the City extinguish its right to the
northerly 2.5' of the subject easement for the following reason :
(1) There are no City utilities that conflict with this
portion of the easement.
and further recommends that the City Council voice no objection
to the petitioner's consummating the total vacating in Circuit
Court.
FURTHER RESOLVED, that notice of the above public hearing was
published in the official newspaper, the Livonia Observer, under
date of September 5, 1970, and notice of such hearing was sent
to the Detroit Edison Company, Michigan Bell Telephone Company,
Chesapeake & Ohio Railway Company, Consumers Power Company, City
Departments and petitioner as listed in the Proof of Service.
irm; Mr. Tent, Chairman, declared the motion carried and the foregoing resolution
adopted.
Mr. Hand announced the next item on the agenda is Petition 70-7-2-18 by
Robert Schaner recuesting to be granted a csiver of use permit
to erect an automatic car wash with gasoline dispensing facilities
on property located on the east side of Farmington Road, south
of Eight Mile Road, in the Northwest 1/4 of Section 3.
On a motion duly made by Er. Moser, seconded by Mr. Talbot, and unanimously
adopted, it was
#9-99-70 RESOLVED that, pursuant to a Public Hearing having been held on
September 22, 1970 on Petition 70-7-2-18 as submitted by Robert
Schaner requesting to be granted a waiver use permit to erect
an automatic car *,'ash (exterior type-attended) cdth gasoline dis-
pensing facil_it:es on property located on the east side of
Farmington Road, approximately 210 feet south of Eight Mile Road
in Section 3, the City Planning Commisson does hereby recommend
to the City Council that Petition 70-7-2-18 le denied for the
follouing reasoas:
(1) The car rash could adversely effect the long term
stability of the adjace:lt area and minimize its potential
for high calibre development.
1:1; (2) The proposed use is not of such location, size and character
that it will be in harmony with the c: 1 __''y '.c ^' Dement of the
surrounding area.
8951
(3) Car washes can cause serious problems within the City
as they relate to policing and traffic and usually
do not substantially contribute to the tax base of
the City.
(4) A waiver use permit is good for only one year. There
is a possibility that the surface drainage problems
of this area cannot be handled to the sctisfaction of
our Engineering Department and the Wayn County Road
Commission within the one-year period.
FURTHER RESOLVED, that notice of the above public hearing
was sent to property owners within 500 feet, petitioner and
City Departments as listed in the Proof of Service.
Mr. Tent, Chairman, declared the motion carried and the foregoing resolution
adopted.
Mr. Hand announced that the next item on the agenda is Petition 70-8-1-31
by Hanley M. Gu win and Employees Profit Shying Trust of Jerome
D. Davis requesting to rezone property located on the northwest
corner of Osmus and Seven Mile Road in the Southeast 1/4 of Sec-
tion 3, from RUF to P.S.
On a motion duly made by Mr. Colomina, seconded by Mr. Moser, and unanimously
adopted, it was
#9-100-70'RESOLVED that, pursuant to a public hearing having been held
on September 22, 1970 on Petition 70-8-1-31 as submitted by
Hanley M. Gurwn and Employees Profit Sharing Trust of
Jerome D. Davis requesting to rezone .propssty located on
the northwest corner of Osmus and Seven Mile Road in the
Southeast 1/4 of Section 3, from RUF to P.S. , the City
Planning Commission does hereby recommend to the City Council
that Petition 70•-8-1-31 be denied for the following reasons:
(1) A non-residential use of this type would have an adverse
effect upon the stability of the adjacent residential
neighborhood.
(2) The intersection of Seven Mile and Os-lus is a dangerous
intersectIcn because of the large volumes of traffic
involved and poor sight distance. The encouragement
of additional traffic that would be generated from a
non-residential use would further compound this problem.
(3) This petition truly constitutes s: .:t zoning inasmuch as
it is physically small and unrelated to the zoning and
land use pattern of the area.
FURTHER RESOLVrD that, notice of the above public hearing was
published in the official newspaper, the Livonia Observer
under date of September 5, 1970 and notice of such hearing
was sent to the Detroit Edison Company, Chesapeake & Ohio Railway
Company, Michigan Bell Telephone Company, Consumers Power Company,
and City Departments as listed in the Proof of Service.
8952
Mr. Tent, Chairman, declared the motion carried and the foregoing resolution
adapted.
Mr. Hand announced the next item on the agenda is Petition 70-8-1-32 by
the City Planning Commission on its own motion requesting to
rezone property located on the north side of Schoolcraft,
east of Eckles in the Southwest 1/4 of S3ction 19, from R-1
to.0-2.
On a motion duly made by Mr. Pinto and seconded by Mr. Andrew, it was
#9-101-70 'RESOLVED that, pursuant to a Public Hearing having been held
on September 22, 1970 on Petition 70-8-1-32 as submitted by
the City Planning Commission on its own motion requesting
to rezone property located on the north side of Schoolcraft
east of Eckles in the Southwest 1/4 of Section 19, from R-1
to C-2, the City Planning Commission does- hereby recommend
to the City Council that Petition 70-8-1-32 be approved
for the following reasons :
(1) The Planning Commission envisions that the entire
triangular area surrounding this petition bounded
by Schoolcraft on the south, Haggerty on the west,
and the freeway on the north, should be devoted to
non-residential.
(2) The existing K of C Hall is presently a legal non-
conforming use. This zoning change will enable them
to improve their facilities and expand them.
(3) There is no specific advantage to the City in having
the development of the property petitioned for remain
as a legal non-conforming use.
FURTHER RESOLVED that, notice of the above Public Hearing
was published in the official newspaper, the Livonia Observer,
under date of September 5, 1970 and notice of such hearing
was sent to the Detroit Edison Company, Chesapeake & Ohio
Railway Company, Michigan Bell Telephone Company, Consumers
Power Company and City Departments as listed in the Proof of
Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Colomina, Moser, Hand, Andrew, Pinto, Tent
NAYS: None
ABSENT: Falk, Tunis
ABSTAIN : Talbot
Mr. Tent, Chairman, declared the motion carried and the foregoing resolution
adopted.
8953
Mr. Hand announced the next item on the agenda is Petition 70-8-7-14 by
the City Planning Commission to amend. Part V of the Master
Plan of the City of Livonia, the Master School and Park Plan,
by deleting property located in Sections 3, 7, 10, 11, 12, 31
and 33.
On a motion duly made by dr. Pinto to approve Petition 70-8-7-14 excluding
the park site located in Section 12, seconded by Mr. Andrew, and unanimously
adopted, it was
#9-102-70 RESOLVED that, pursuant to the provisions of Act 285 of the
Public Acts of Michigan, 1931, as amended, the City Planning
Commission of the City of Livonia, having duly held a public
hearing on September 22, 1970 for the purpose of amending Part V
f the MasterchoPlan
ParktPlane ", the sameLivonia,
herebyentitled
amended so as to
Master School and
delete the following described property:
SECTION 3
That part of the S. W. 1/4 of Section 3, T. 1 S. , R. 9 E. ,
City of Livonia, Wayne County, Michigan, described as begin-
ning at a point distant N. 89° 37' 30" E, 1323.75 feet and
N. 0° 01' 30" E, 600 feet from the S. W. corner of said
Section 3 and proceeding thence West and parallel to the center
line of Seven Mile Road, 80 feet; thence northwesterly 1170
feet to the S. E. corner of Wayne County Bureau of Taxation
#3N; thence northerly along the east line of said parcel #3N,
and the extension thereof, to a point on the E. & W. 1/4 line
of said Section 3; thence easterly along said 1/4 line, to the
N. W. corner of Wayne County Bureau of Taxation Parcel #3Q1;
thence S. 0° 00' 40" E, along the W. line of said parcel #3Q1,
2032.36 feet to the point of beginning.
SECTION 7
The West 7 acres of the following described parcel: The W. 1/2 of
the N. E. 1/4 of Section 7, T. 1 S., R. 9 E. , City of Livonia,
Wayne County, Michigan, except the north 1346 ft. thereof; also
except that part thereof described as beginning at the S. E.
corner of Melody Manor Subdivision as recored in Liber 72 of
Plats, Page 43, Wayne County Records, and proceeding thence
S. 0° 01' 30" W, 150.0 ft. ; thence S. 89° 53' 30" W,
149.65 ft. ;
thence N. 0° 06' 30" W, 150.0 ft. ; thence N. 89° 53' 30" E.
along S. line of Melody Manor Subdivision 150 feet to the POB,
also except S. 21.10 acres thereof.
SECTION 10
Lots 82 thru 125 inclusive of Argyle Park Subdivision, Section 10,
T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan.
8954
SECTION 11
That part of the S. E. 1/4 of Section 11, T. 1 S. , R. 9 E. ,
City of Livonia, Wayne County, Michigan, described as beginning
at a point distant due south, 921.41 ft. and N. 89° 56' 12" W,
830 ft. from the E. 1/4 corner of Section 11 and proceeding
thence N. 89° 56' 12" W, 490 feet, ; thence N. 0° 09' 43" E,
132.0 ft. ; thence S. 89° 56' 12" E, 330 ft. ; thence S. 50°
22' 25" E, 207.25 ft. to the point of bginning, except the
W. 25 feet thereof. (Bureau of Taxation) Parcel 11LL7a1
and
The W. part, measuring 566 feet on the N. lot line and 637.17
feet on the S. lot line of: That part of the S. E. 1/4 of Sec-
tion 11, T. 1 S. , R. 9 E. , City of Livonia, Wayne County,
Michigan described as beginning at a point on the E. Section
line distant S. 0° 12' E, 1035.59 ft. from the E. 1/4 corner
of Section 11 and proceeding thence S. 0° 12' E. along said
line, 283.20 ft. ; thence S. 89° 59' 30" W, 1322.17 ft. ; thence
N. 0° 04' 20" E, 395 ft. ; thence N. 89° 51' 30" E. , 963.65 ft.
thence S. 0° 12' E, 114.87 ft. ; thence N. 89° 51' 30" E, 356.64
ft. to the point of beginning, except the east 60 ft. thereof;
also except the vest 25 ft. thereof. (Part of Bureau of Taxation
Parcel 11LL8ala, a2, b2, cla, c2a)
SECTION 31
Lots 152a thru 155a of Golden Ridge Subdivision, Section 31, T.
1 S. , R 9 E. , City of Livonia, Wayne County, Michigan,
and
Lots 300a thru 319a of Golden Ridge Subdivision #1, Section 31,
T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan.
SECTION 33
That part of the N. E. 1/4 of Section 33, T. 1 S. , R. 9 E., City
of Livonia, Wayne County, Michigan described as beginning at a
point distant S. 0° 56' E, 478 feet and N. 88° 29' E, 33 feet
from N. 1/4 corner of Section 33 and proceeding thence N. 88° 29'
E. 481.35 feet; thence easterly and parallel to the north line
of Section 33, 1700 feet to the west line of Lot No. 203, of
Supervisor's Livonia Plat No. 2, as recorded in Liber 66, Page 1,
Wayne County Records; thence south along said west line and the
extension thereof 1165 feet to the north line of Orangelawn
Avenue (50 feet in width); thence west along said north line 215
feet to the S. W. corner of Lot No. 131 of said Supervisor's
Livonia Plat No. 2; thence north along the west line of said
Lot No. 131 and the extension thereof 190 feet; thence westerly
and parallel to the north line of Oranzelawn Avenue 1770 feet
to the S. E. corner 200feetofLotNo. 83ofsaid Supervisor's No. 33a83a,
ps
parceld
b
being the west
8955.
r
Livonia Plat No. 2; thence north parallel to the N. & S.
1/4 line of Section 33, 459 feet to the south line of
Bureau of Taxation Parcel No. 33K; thence N. 88° 44' 50"
W. along said south line 200 feet to the east line of
Stark Road (65 feet in width); thence N. 0° 56' W. along
said east line 515 feet to the point of beginning; except
Wayne County Bureau of Taxation Parcel #33K.
for the following reason:
(1) The Master School & Park Plan should include only
lands which the City intends to purchase. The City
has indicated they do not wish to purchase the lands
covered by this petition.
AND, having given proper notice of such hearing as required
by Act 285 of the Public Acts of Michigan, 1931, as amended, _
the City Planning Commission does hereby adopt said amend-
ment as part of the Master School and Park Plan of the City
of Livonia, which is incorporated herein by reference, the
same having been adopted by resolution of the City Planning
Commission, with all amendments thereto, and further that this
amendment shall be filed with the City Council, City Clerk,
and the City Planning Commission; and a certified copy shall
also be forwarded to the Register of Deeds for the County of
Wayne for recording.
Mr. Tent, Chairman, declared the motion carried and the foregoing resolution
adopted.
Mr. Hand announced the next item on the agenda is Petition 70-6-2-15 by
Cheyenne Building Company and Original Coney Island, Inc.,
requesting to be granted a waiver of use permit to use a
portion of a proposed building to be located within the
Merri-Five Shopping Plaza at Five Mile and Merriman Road
in the Southwest 1/4 of Section 14, for a Coney Island
Restaurant.
Mr. Tent advised the Commission that a letter dated September 22, 1970 had
been received from Mr. Leonard W. Mier, Attorney representing Original Coney
Island, requesting withdrawal of the petition from the Commission's agenda
inasmuch as his client does not wish to pursue the ewer of use request.
On a motion duly made by Hr. Talbot, seconded by Mr. Hand, and unanimously
adopted, it was
#9-103-70 RESOLVED that, pursuant to the letter dated September 22, 1970
from Mr. Leonard W. Mier, attorney representing Original Coney
Island, the City Planning Commission does hereby approve the
withdrawal of Petition 70-6-2-15 as submitted by Cheyenne Build-
ingf, Company and Original Coney Island, Inc. , requesting to be
granted a waiver of use permit to use a portion of a proposed
building to be located within the Merri-Five Shopping Plaza
at Five Mile and Merriman Road in the Southwst 1/4 of Section 14,
for a Coney Island Restaurant, and deems that no further action
by the Commission is necessary.
m.
:.8016
Mr. Tent, Chairman, declared the motion carried and the foregoing resolution
(0:10 is adopted.
Mr. Hand announced the next item on the agenda is Petition 70-6-1-27 by
Joseph and Mary Ann Maiorana requesting to rezone property
located on the northeast corner of Shadyside and Seven Mile
Road in the Southwest 1/4 of Section 3, from R-3-A to C-1.
Mr. Tent stated there are letters in the file from Mrs. Maltby and Mr. Zander
both objecting to this petition.
On a motion duly made by Mr. Colomina, seconded by Mr. Talbot, and unanimously
adopted, it was
#9-104-70 RESOLVED that, pursuant to a Public Hearing having been held
on August 25, 1970 on Petition 70-6-1-27 as submitted by
Joseph and Mary Ann Maiorana requesting to rezone property
Mile
located on the northeast corner of Shadyside and Seven 1 N
Road in the Southwest 1/4 of Section 3, from R-3-A to C-1, the
by
City PlathatgPetiittionion dos 70-6-1-27hbeedeniedofornto
the City
thefollowing
Council
reasons :
(1) The expansion of commercial development in this
specific instance could adversely effect the stability
It
of the residential neighborhood to the northwest.
(2) The proposed rezoning is in conflict ulth the Master
Plan of the area as sanctioned by the Planning Commission
and concurred in by the City Council.
(3) There is additional adjacent commercially zoned property
to the east that could be used in conjunction with the
existing business.
FURTHER RESOLVED that, notice of the above public hearing
was published in the official newspaper, the Livonia Observer,
under date of August 5, 1970 and notice of ch& ang was
esofeau
sent to the Detroit Edison Company, Ohio Power
way Company, Michigan Bell Telephone Company, Consumers
Company and City Departments as listed in the Proof of Service.
Mr. Tent, Chairman, declared the motion carried and the foregoing resolution
adopted.
Mr. Hand announced the next item on the agenda is a request to withdraw
Petition 70-6-2-16 by Tom Seros requesting to be granted a
waiver of use permit to construct a restaurant on property
located on the south side of Plymouth Road between Deering
and Harrison in the Northeast 1/4 of Section 36.
lipmMr. Tent stated there is a letter in theleatedtheptember ri3, 1970 from
Thomas Seros, petitioner, requesting withdrawal
On a motion duly made by Mr. Pinto, seconded by Mr. Hand, and unanimously
adopted, it was
8957
#9-105-70 RESOLVED that, pursuant to letter dated aptember 3, 1970
from Thomas Seros, petitioner, the City Planning Commission
does hereby approve the withdrawal of Petition 70-6-2-16
as submitted by Tom Seros tequesting to be granted a waiver
of use permit to consttuet a restaurant on property located
on the south side of Plymouth Road htween Deering and Harrison
in the Northeast 1/4 of Section 36, and deems that no further
action by the Commission is necessary.
Mr. Tent, Chairman, declared the motion carried and the foregoing resolution
adopted.
On a motion duly made by Mr. Andrew, seconded by Mr. Colomina, and unanimously
adopted, it was
RESOLVED, that the City Planning Commissim does hereby
adjourn the 221st Regular Meeting held on September 22, 1970,
at approximately 10 :45 p.m.
CITY PLANNING COMMISSION
Francis M. Hand, Acting Secretary
ATTESTED:
Raymond W. Tent, Chairman