HomeMy WebLinkAboutPLANNING MINUTES 1971-02-02 9062
MINUTES OF THE 226th REGULAR MEETING
AND A PUBLIC HEARING HELD BY THE CITY
PLANNING COMMISSION OF THE CITY OF
LIVONIA
On Tuesday, February 2, 1971, the City Planning Commission of the City of
Livonia held its 226th Regular Meeting and d Public Hearing at the Livonia City
Hall, 33001 Five Mile Road, Livonia, Michigaln.
Mr. Daniel Andrew, Chairman called the Public Hearing to order at 8:30 p.m.
with approximately 25 interested persons in the audience.
Members present: Daniel R. Andrew Orantis M. Hand Raymond W. Tent
Robert Colomina Marvin Moser H. Dow Tunis
Joseph J. Falk Charles Pinto
Members absent: *Joseph J. Talbot
Messrs. John J. Nagy, Planning Director, Ralph H. Bakewell, Planner III;
Robert Feinberg, Assistant City Attorney and Frank Kerby, Chief Building
Inspector were also present.
Mr. Hand announced the first item on the agenda is Petition 70-12-2-28 by
D & F Septic Service requesting a waiver of use permit to operate
a septic tank cleaning business, store equipment and materials
outside, and repair machinery in garage on property located
south of Eight Mile Road between Hugh and Beatrice in the North-
east 1/4 of Section 2.
Mr. Andrew indicated there was a letter from the Engineering Department on file.
Mr. Robert Hartley, 21559 Poinciana, Southfield, Michigan; the petitioner
was present, and he stated that he had applied for an occupancy permit but he
was told that in order to park a bulldozer and excavating equipment, he would
require a waiver of use permit.
Mr. Andrew asked Mr. Kerby for clarification of what Mr. Hartley had just said
relative to needing a waiver of use permit to park a bulldozer.
Mr. Kerby said he would classify petitioner as a contractor and somewhere along
the line an arbitrary classification must be made.
Mr. Andrew agreed a classification must be made because there are obvious
unanswered questions that prevail.
Mr. Kerby stated that he feels there is a change of use in this property. He
said that it was his understanding that the petitioner repairs and does certain
excavation and stockpiles certain equipment and material which petitioner did
not indicate the property would be used for and this machinery and material
would indicate to him that petitioner is a sewer excavator and contractor.
Mr. Hartley said that what they were telling him was that he could not park
some of his equipment there.
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Mr. Kerby explained that there was some change of use for the property and
what he had indicated the property was to be used for was not entirely the case,
with respect to this petition.
Mr. Hartley said that was not what was told him at the place he applied for the
permit.
Mr. Kerby told Mr. Hartley that he makes all the final decisions and that perhaps
he might have assumed this was the inference but in reality this could not have
been told to him by his department.
Mr. Hand indicated that he had been supplied with a drawing of the premises
which shows cast iron pipes, heavy truck equipment and sand piles. He asked
whether the sand would be stored so as not to affect people to the south of the
premises.
Mr. Hartley said that there is nothing stored now but he will make a bin to put
the sand into.
Mr. Hand asked about the house located on the property and whether it was his
intention to remove this house.
Mr. Hartley said that it was their intention to remove the house.
Mr. Tent asked Mr. Hartley where there base of operation was.
Mr. Hartley replied that it was a radiator shop at Eight Mile and Grand River.
Mr. Tent asked whether they had any problem at this location.
Mr. Hartley replied "no, he just can't see paying rent."
Mr. Tent asked whether he was buying this property.
Mr. Hartley responded yes.
Mr. Tent asked whether they would erect or build on this land.
Mr. Hartley said no, not in the near future.
Mr. Andrew asked Mr. Kerby if petitioner could use existing garage.
Mr. Kerby said the building must be of masonry construction and the building
must contain adequate sanitary conditions and adequate wiring and located in the
right part of the yard.
Mr. Andrew asked Mr. Hartley if there were toilet facilities on the premises now.
Mr. Hartley indicated there were toilet facilities.
Mr. Pinto asked what the nature of operation was to take place.
Mr. Hartley replied *just storage and if anything breaks down we will fix it."
Mr. Tent asked of Mr. Kerby if this can be turned into a bushel stop.
To which Mr. Kerby replied that he could not sell out of this area without a
change in the zoning.
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Mr. Kerby asked Mr. Hartley where the septic tank contents were dumped.
Mr. Pinto asked the same question.
Mr. Hartley said he had $10,000 worth of receipts which indicated that he
dumped in the proper Wayne County dumps and that he had receipts to prove it.
Mr. Andrew asked if they would maintain an office at this building.
Mr. Hartley said no that his partner would be taking the calls from his residence.
Mr. Nagy stated that repair and storage of vehicles comes under waiver of use
permit.
Mr. Hand asked Mr. Hartley how he took care of the odor.
Mr. Hartley said that they have receivedno complaints about odor.
Mr. Kerby asked if tanks were flushed and Mr. Hartley said that this was not
provided for at Wayne County dump.
Mrs. Kozak of Fremont Avenue, one block away was in the audience and she stated
that up to now it's been an eyesore and we're glad to have someone there but that
shewas rather surprised that it was a septic tank service and she wondered how
much equipment was involved.
Mr. Hartley outlined the amount of equipment to be three septic tank trucks,
one bulldozer, two backhoes, one dump truck and three trailers. He would also
like a steam cleaner to keep equipment clean.
There was no one else present wishing to be heard regardirgthis item.
Mr. Andrew, Chairman stated that the item will be taken under advisement.
Mr. Hand announced the next item on the agenda was a re-hearing of Petition M-204
by the City Planning Commission to allow the use of Lots #1 thru
#9 of Botsford Park Subdivision and that portion of Parcel MM1
located west of Rouge Creek, located on the north side of Seven
Mile Road between Angling and St. Francis in the Southeast 1/4
of Section 1 for outdoor sales.
Mr. Andrew stated that a copy of a letter from Mrs. Coleman, 19220 Anglin,
Livonia is on file and indicates that she is concerned over the condition of
the property and that she would like to see St. Francis opened from Seven Mile
north.
Mrs. Coleman was in the audience and stated that she owns five lots that face
dirt piles and that the Bushel Stop blocks the roadway. She also said the creek
was full of debris. She feels the abuse of the property has caused her asthma.
Mr. Andrew advised Mrs. Coleman that the Circuit Court has ordered the Bushel
;f Stop from using the St. Francis right-of-way.
Mr. Colomina asked if they bulldoze limbs into the creek does the City have any
power to make him clean this ditch out?
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Mr. Kerby stated that the Engineering Department should examine and make an
investigation and then refer the matter to his department for correction.
Mr. Nagy was instructed to proceed with the aforementioned.
Mr. Tent asked Mrs. Coleman if she had noticed any better housecleaning since
the court order.
Mrs. Coleman stated that the dirt piles are off and its usually cleaned in the
winter anyway but the railroad ties are still on the roadway.
Mr. Andrew instructed Mi. Nagy to take note of this.
Mrs. Coleman also stated that there were trucks parked on the area also.
Mr. Tent asked if she would be amenable to have this road open up.
Mrs. Coleman said she would like to see it open.
Mrs. Sepac who lives next door to Mrs. Coleman at 19142 Anglin was in the
audience and she said there were no provisions for dirt being blown back there
from this stock pile of dirt.
Mr. Charest, Attorney was in the audience and he was representing Mr. Crenshaw.
He indicated that it is without authority that the Planning Commission was
holding this hearing. Further he advised that he had been advised only by
hearsay and not officially notified.
He also stated that he feels Mr. Crenshaw's good nature is being taken advantage
of. Further the property adjacent to Lots 1-7 have been used as the permit
indicates. He also stated again that they objected to the holding of the meeting.
He commented that the suit is between Mr. Esper and the City of Livonia. His
further understanding was that his client had applied for an open air permit and
he does not see where the City has the power to take it away. We object to your
meeting at this time on a valid use or a non-conforming use. When Mr. Crenshaw
bought the property you could not get thru down the street. It was considered
flood plain but it is not now. There are no tree trunks or anything like debris
being dumped there. I say the City cannot tell us to dig it out. You can
tell us to re-grade it but not to clean it as you have indicated. It is a
right-of-way. We are not pleasedwith our present tenant and his present lease
expires in August, 1971. Mr. Crenshaw owns lots and has them leased to Mr.
Esper. The court has ordered that Mr. Esper be instructed as to use of these
lots which are zoned for commercial operation.
Mr. Andrew stated to Mr. Charest that he assumes that their contention is that
they as the owner have the right to use property greater than what has been
granted to Mr. Esper.
Mr. Charest stated that he feels they have the right to use that property as the
grant permits.
Mr. Feinberg read the court order.
Mr. Charest stated again that he was objecting to the hearing. If Mr. Crenshaw
was given notice of this hearing then it would be a different story.
9066
Mr. Pinto stated he finds it hard to believe that this client has rights greater
than what his client had rights for in 1960.
In view of Petition M-204 and the order of the Circuit Court, I feel this matter
should be referred to the City Attorney and have him advise us what is in order
for this Commission to take action on M-204 or the court order. Mr. Charest
is saying that litigation is between two others and his purpose here is to
repudiate the action the court has taken.
Mr. Kerby injected the following: 3 years ago we charged the original owner with
occupying property and using it illegally and this being charged the original
motion made by the Planning Commission was so vague it did not say where he
could sell the dirt on this portion of laud. the case was taken out of court.
Mr. Nagy indicated the commission has been asked to make a determination if the
intended use for out door sales of landscape materials is a reasonable use of
the property irrespective of the owner and shoUld proceed with the hearing.
Mr. Andrew indicated in view of the legal ramifications here he was closing
the public hearing and referring the matter to the legal department for clarifi-
cation.
Mr. Hand announced the next item on the agenda is Petition 70-12-1-50 by the
City Planning Commission on its own motion to rezone property
located on the west side of Middlebelt Road between Dover and
Grandon in the Southeast 1/4 of Section 35, from R-1 to P.S.
IL; Mr. Andrew stated that seven feet is required for right-of-way.
Mr. Richard Weinberg, 15661 Huff, Livonia, was in the audience and was represent-
ing his mother-in-law Mrs. James Avert, 1981 Middlebelt Road owner of Lots 11-16.
He had no objection to the rezoning but to the amount of lots involved in the
rezoning. He feels that the zoning selected is fine. There is an easement
there, good depth which totals 250 ft. and the combined parcel is 350 ft. in
frontage. He would like to propose that the purchasers of the parcel be required
to put in a greenbelt.
Mr. Andrew stated that it was our easement and belongs to the City.
Mr. Weinberg advised that he believed a portion had been vacated.
Mr. Andrew concurred that a part east and west has been vacated.
Mr.Weinberg stressed that he feels the entire parcel should be sold as a unit
with entire depth included. The reason was he does not feel the side backing
into Middlebelt Road is conducive to residential use. He also feels that the
parcel should not be half zoned residential and the other half P.S.
Mr. Andrew advised Mr. Weinberg that it might clarify the situation somewhat
if we could show him a plan on what's proposed for that area.
Mr. Bakewell proceeded to show Mr. Weinberg hypothetical development plan of the
area.
Mr. Weinberg asked if the City has a special zoning for parking.
Mr. Andrew indicated yes.
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Mr. Weinberg asked whether the rear could be utilized for parking. He pointed out
that it would allow property owners now a better rate for their property with
it being zoned P.S. for this parking area.
Mr. Tent wanted Mr. Weinberg to know that the rendering of this proposed plan
for the property is a pretty picture but that is what we propose, but we do not
have any control over this.
Mr. Wichowski, 4709 Stonebrook, Birmingham was also present and he indicated
that he is in favor of the rezoning. He feels it will be easier to sell the
property with a P.S. zoning.
On a motion duly made by Mr. Tunis and seconded by Mr, Falk and unanimously
adopted, it was
#2-22-71 RESOLVED that, the City Planning Commission does hereby
adjourn the Public Hearing held on February 2, 1971, at
approximately 9:30 p.m.
* * * * * * * * * * * * * * * * * * *
Mr. Andrew called the 226th Regular Meeting to order at approximately 9:43 p.m.
with approximately the same number of interested persons in the audience as
were present for the public hearing.
Members present: Daniel R. Andrew Francis M. Hand Raymond W. Tent
Robert Colomina Marvin Moser H. Dow Tunis
Joseph J. Falk Charles Pinto Joseph Talbot
Mr. Hand announced the first item on the agenda is Petition 70-12-2-28 by
D & F Septic Service requesting a waiver of use permit to operate
a septic tank cleaning business, store equipment and materials
outside, and repair machinery in garage on property located
south of Eight Mile Road between Hugh and Beatrice in the North-
east 1/4 of Section 2.
On a motion duly made by Mr. Colomina, and seconded by Talbot, it was
#2-23-71 RESOLVED that, pursuant to a public hearing having been held
on February 2, 1971, on Petition 70-12-2-28 by D & F Septic
Service requesting a waiver of use permit to operate a septic
tank cleaning business, store equipment and materials outside,
and repair machinery in garage on property located south of
Eight Mile Road between Hugh and Beatrice in the Northeast 1/4
of Section 2, the City Planning Commission does hereby recommend
to the City Council that Petition 70-12-2-28 be denied for the
following reasons:
(1) The location, size, intensity of use, site layout and
periods of operation of the proposed use will create a
i:;oe nuisance in the neighborhood due to the quantity of
machinery, equipment and materials associated with the use.
9069
Mr. Hand announced the next item on the agenda is Petition 70-12-1-50 by the
City Planning Commission on its own motion to rezone property
located on the west side of Middlebelt Road between Dover and
Crandon in the Southeast 1/4 of Section 35, from R-1 to P.S.
On a motion duly made by Mr. Falk and seconded by Mr. Hand it was
#2-25-71 RESOLVED that, pursuant to a Public Hearing having been held on
February 2, 1971, on Petition 70-12-1-50 as submitted by the
City Planning Commission on its own motion to rezone property
located on the west side of Middlebelt Road between Dover and
Grandon in the Southeast 1/4 of Section 35, from R-1 to P.S. ,
the City Planning Commission does hereby recommend to the City
Council that Petition 70-12-1-50 be approved, for the following
reasons:
(1) It is consistent with the Commission's approved general
land use plan for the area.
(2) Professional services provide the best buffer uses in
relation to single family residential.
(3) Professional (PS) uses do not generate the traffic
volumes which are generally associated with most of the
commercial uses.
i
(4) The Commission believes professional services is the
1160 highest and best use for this land area.
FURTHER RESOLVED that, notice of the above public hearing
was published in the official newspaper, the Livonia Observer,
under date of January 13, 1971 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 Serviee.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Hand, Falk, Pinto, Talbot, Tunis and Andrew
NAYS: Colomina, Moser, Tent
ABSENT: None
In addition to the above the following comments were made:
Mr. Falk suggested petition be approved based on owners' petitions.
Mr. Moser indicated he was against this because he feels the City should have
a plan before them before they vote P.S. zoning.
Mr. Tent indicated that he agrees with Mr. Moser and that he was not voting
against the P.S. zoning but rather the rezoning at the City's expense.
16:
Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution
adopted.
9070
Mr. Hand announced the next item on the agenda is Petition 70-6-2-13 by
American Oil Company requesting to be granted a waiver of use permit to
construct and operate a gasoline service station on property located on the
northeast corner of Six Mile Road and Middlebelt Road in the Southwest 1/4 of
Section 1.
On a motion duly made by Mr. Hand and seconded by Mr. Tunis and unanimously
adopted, it was
#2-26-71 RESOLVED that, pursuant to a public hearing having been held on
July 21, 1971 on Petition 70-6-2-13 as submitted by American Oil
Company requesting to be granted a waiver of use permit to construct
and operate a gasoline service station on property located on the
northwest corner of Six Mile Road and Middlebelt Road in the South-
east 1/4 of Section 11, the City Planning Commission does hereby
recommend to the City Council that Petition 70-6-2-13 be approved
for the following reasons;
(1) The standards imposed by the Zoning Ordinance relative to the
use requirements for service stations have been met.
(2) This waiver use is being granted to make the proposed
station legally conform to our Zoning Ordinance so it may
be rerodeled and improved, thus making it more compatible
to the adjacent area.
IL, (3) The development proposal for the service station indicates
that it will be of relatively high calibre and quality and
will make provision for landscaping and other site amenities.
CONDITIONS OF APPROVAL:
(1) That Landscape Plan #5434 revised January 28, 1971, submitted
to the Planning Commission be implemented before the issuance
of a Certificate of Occupancy.
(2) That all landscape materials shown on the plan shall be
maintained.
(3) That the Architectural Plan #68 FA-12F-3R, proposed for this
station and sanctioned by the Planning Commission, be adhered to.
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.
The petition with the necessary percentage of property owners written consent
has been received. Mr. Nagy advised that the landscape plan has been submitted
and is acceptable.
Mr. Hand announced the next item on the agenda is Petition 70-11-2-27 by
William Ponder, Attorney for Gary Goldberg, requesting to be
granted a waiver of use permit to erect a restaurant on property
located on the northeast corner of St. Martins and Middlebelt Road
in the Southwest 1/4 of Section 1.
9071
On a motion duly made by Mr. Colomina and seconded by Mr. Tent, it Was
RESOLVED that, pursuant to a public hearing having been held
on January 19, 1971 on Petition 70-11-2-27 as submitted by
William Ponder, Attorney for Gary Goldberg requesting to be
granted a waiver of use permit to erect a restaurant on property
located on the northeast corner of St. Martins and Middlebelt
Road in the Southwest 1/4 of Section 1, the City Planning
Commission does hereby recommend to the City Council that
Petition 70-11-2-27 be denied for the following reasons:
(1) There is an overabundance of restaurants in the area.
(2) It would be detrimental to surrounding area.
(3) It is in violation of the Master Plan for the Livonia Mall
area.
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.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Colomina, Hand, Falk, Moser, Tent, Tunis
NAYS: Pinto, Talbot, Andrew
Mr. Andrew announced there is a letter on file from Mrs. Harom, no objection.
Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution
adopted.
Mr. Hand announced the next item on the agenda is Petition 71-1-5-1 by
Greenfield Construction Company requesting a renewal of permit
to remove topsoil from property located at Six Mile Road and
Newburgh Road in the Southeast 1/4 of Section 7 and Northeast
1/4 of Section 18.
On a motion duly made by Mr. Colomina, seconded by Mr. Tent, and unanimously
adopted, it was
#2-28-71 RESOLVED that, in conformance with Section 18.13D of Ordinance No.
543, the Zoning Ordinance, the City Planning Commission does here-
by grant Petition 71-1-5-1 by Greenfield Construction Company re-
questing a renewal of permit to remove topsoil from property located
at Six Mile Road and Newburgh Road in the Southeast 1/4 of Section
7 and Northeast 1/4 of Section 18, as amended to cover the property
located on the southwest corner of Six Mile and Newburgh Road in
Section 18 only, subject to compliance with regulations of the
Engineering Division and Police Department, for a period of
nine (9) months for the following reason:
(1) It is necessary to grant this petition so that the topsoil
stockpiled on this site can be removed.
9072
FURTHER RESOLVED, that the applicant shall have deposited with
the City Clerk a corporate surety bond in an amount not less
than $27,500 and a cash bond in an amount not less than $2,750;
such bonds shall be for an indefinite period until released and
discharged by resolution of the City Planning Commission; and
further that the applicant shall apply for and obtain the permit
herein authorized within thirty (30) days from the date of this
letter.
Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution
adopted.
Mr. Hand announced the next item on the agenda is a recommendation by the
City Planning Commission relative to the Master Thoroughfare
Plan of the Inter-County Highway Commission.
On a motion duly made by Mt. Tunis, seconded by Mr. Colomina, and unanimously
adopted, it was
#2-29-71 RESOLVED that, having considered a communication from the Inter-
County Highway Commission of Southeastern Michigan, dated
October 21, 1970 and signed by Franklin D. Meyers, Executive
Director, the Planning Commission hereby goes on record as
approving the Master Thoroughfare Plan of the Inter-County High-
way Commission of Southeastern Michigan except that portion of
the Plan which recommends that the right-of-way of Levan Road
from Plymouth Road north to Five Mile be increased in width from
eighty-six (86) feet to one-hundred-twenty (120) feet for the
reason that said recommendation in effect gives Levan Road the
status of a mile road for a distance of two (2) miles, contrary
to the Master Thoroughfare Plan of the City of Livonia for the
following reasons:
(1) It is consistent, as modified, with the City of Livonia's
approved Master Thoroughfare Plan.
(2) The City of Livonia Traffic Commission approves of the Plan.
(3) The Traffic Bureau of the Police Department approves of the
Plan.
Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution
adopted.
Mr. Hand announced the next item on the agenda is a motion by the City
Planning Commission to hold a public hearing to determine
whether or not to rezone property located on the east side of
Middlebelt Road, north of Pickford Avenue in the Northwest
1/4 of Section 12, from C-2 to RUF.
On a motion duly made by Mr. Tunis, seconded by Mr. Falk, and unanimously adopted,
it was
9073
Ihe #2-30-71 RESOLVED that, the City Planning Commission, pursuant to Section
23.01 of Ordinance #543, the Zoning Ordinance of the City of
Livonia, as amended, does hereby establish and order that a
public hearing be held to determine whether or not to rezone
property located on the east side of Middlebelt Road, north
of Pickford Avenue in the Northwest 1/4 of Section 12, being
legally described as follows:
N. 130 feet of N. W. 1/4 of the N. W. 1/4 of the S. W. 1/4
of the N. W. 1/4 of Section 12, T. 1 S. , R. 9 E. , City of
Livonia, Wayne County, Michigan, except the W. 60' thereof.
from C-2 (general business) to RUF (rural urban farms) .
Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution
adopted.
On a motion duly made by Mr. Hand and seconded by Mr. Tent, it was
#2-31-71 RESOLVED that, the City Planning Commission does hereby determine
that Resolution #1-20-71 adopted on January 26, 1971, wherein
Petition 70-12-8-9 submitted by Volk & London, Architects, re-
questing site plan approval for Trinity Park Housing for the
Elderly proposed to be located on the east side of Middlebelt
Road south of Jamison Avenue in Section 24, was denied is hereby
rescinded.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Colomina, Hand, Falk, Pinto, Talbot, Tent, Tunis, Andrew
NAYS: None
ABSENT: None
ABSTAIN: Moser
Mr. Andrew, Chairman, declared the motion carried and the foregoing resolution
adopted.
On a motion duly made, seconded and unanimously adopted, the City of Livonia
Planning Commission adjourned its 226th Regular Meeting held on
February 2, 1971, at approximately 10:30 p.m.
CITY PLANNING COMMISSION
N
Francis M. Hand, Secretary
ATTESTED:
(01:
t Olt
Daniel . Andrew, Chairman