HomeMy WebLinkAboutPLANNING MINUTES 1974-04-02 5520
9
MINUTES OF THE 272nd REGULAR MEETING
AND A PUBLIC HEARING HELD BY THE CITY
PLANNING COMMISSION OF THE CITY OF
LIVONIA
On Tuesday, April 2, 1974, the City Planning Commission of the City of Livonia
held its 272nd Regular Meeting and a Public Hearing at the Livonia City Hall,
33001 Five Mile Road, Livonia, Michigan.
Mr. Daniel R. Andrew, Chairman, called the Public Hearing and Regular Meeting
to order at 8:05 p.m. with approximately 50 interested persons in the audience.
Members Present: Daniel R. Andrew Joseph J. Talbot Charles Pinto
Francis M. Hand Suzanne Taylor Joseph J. Falk
Herman H. Kluver Esther Friedrichs
Members Absent: William Scruggs
Messrs. John J. Nagy, Planning Director; H G Shane, Planner IV; Ralph Bakewell,
Planner IV; and Robert M. Feinberg, Assistant City Attorney, were also present.
Mr. Andrew informed the audience that if a petition on the evening's agenda
involved a question of rezoning or vacating then the Planning Commission would
only recommend to the City Council that certain action be taken whereupon
the Council would ultimately decide whether or not to approve or deny the
petition. Further, if a petition involved a request for waiver of use approval
that is denied, the petitioner then has ten days in which to appeal the decision
to the council.
Mr. Falk, Secretary announced the first item on the agenda, Petition 74-2-3-2
by Ager Building Company requesting to vacate portions of easements
on Lots 15 and 16 of proposed Bobrich Subdivision located between
Louise Avenue and Stamwich Boulevard, north of Six Mile Road, in
the Southeast 1/4 of Section 11.
Mr. Andrew: Are there any engineering problems?
Mr. Shane: No, there are not,
Mr. Ager: A ranch house is usually 45 ft. wide and with the twelve foot
easement I can not build a 45 foot ranch house. I would like
to vacate 2 ft. which it turns out is not needed.
Mr. Hand: When the Engineering Department arrives at the width of the
easement, is that an arbitrary sort of thing?
Mr. Shane: It is usually 12 ft. , 6 ft. on one side and 6 ft. on the other
side of a common property line.
Mr. Hand: Then the total easement is on his property?
Mr. Shane: ` That is right.
Arthur Schutt: I am not opposed to the petition.
17244 Stanwich
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IL Kathleen Knight: Will ten foot easement be enough?
29970 W. 7 Mi.
be
Mr. Andrew: It should/sufficient according to the recommendation of the
City Engineering Division.
There was no one else present wishing to be heard and the Chairman closed
.the public hearing on this item.
On a motion duly made by Mr. Kluver seconded by Mr. Talbot and unanimously
adopted it was,
#4-66-74 RESOLVED that, pursuant to a public hearing having been held
on April 2, 1974 on Petition 74-2-3-2 as submitted by Ager
Building Company requesting to vacate portions of easements
on Lots 15 and 16 of proposed Bobrich Subdivision located
between Louise Avenue and Stanwich Boulevard, north of Six
Mile Road, in the Southeast 1/4 of Section 11, the City
Planning Commission does hereby recommend to the City Council
that Petition 74-2-3-2 be approved for the following reasons:
(1) The remaining 10' of the overall 12' easement is of
sufficient width to afford protection to the existing
utilities.
(2) The City of Livonia Engineering Division, by letter
ILdated March 5, 1974, has indicated they have no objection
to the granting of this request.
(3) All reporting utility companies have indicated that they
have no objection to the granting of this request.
FURTHER RESOLVED, that notice of the above public hearing was
published in the official newspaper, the Observer-Eccentric, under
date of March 11, 1974 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.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Falk announced the next item on the agenda, Petition 74-2-1-4 by the
City Planning Commission on its own motion to rezone property
located on the south side of Ann Arbor Road between Newburgh Road
and Horton Avenue in the Northeast 1/4 of Section 31, from C-1
to R-1.
Mr. Nagy: I have a letter on file from the Wayne County Road Commission
that states they do not have any objection to the rezoning.
There is also a letter from Michigan Bell stating they have
no objection to the above petition. Also in file is a letter
signed by 13 residents requesting that the C-1 zoning remain.
Mr. Andrew: Some time ago a petition pursuant to a City Council resolution
was acted upon by Planning Commission and the Commission took
a negative view of that petition and referred it to the City
Council. What is the status of that petition?
5522
•
Mr. Nagy: It is still pending and has been referred to the joint
committee of the City Council and School Board.
Mr. Pinto: Was a public hearing held?
Mr. Nagy: Yes.
Mr. Hunt: The people I have spoken to have no objection to leaving the
9817 Newburgh lands zoned as is.
Mr. Hand: Whenever anybody buys a piece of property they do not have a
vested right in what that property is zoned. I do not feel that
this land lends it self to commercial. I am therefore in
support of this rezoning petition.
Mr. Taylor: Does Mr. Hamilton own the entire piece we are discussing?
David Hamilton: There are a few parcels that I do not own.
723 Carpenter
Northville
48187
There was no one else present wishing to be heard and the Chairman closed
the public hearing on this item.
On a motion duly made by Mr. Kluver, seconded by Mr. Falk it was
#4-67-74 RESOLVED that, pursuant to a public hearing having been held
on April 2, 1974 on Petition 74-2-1-4 as submitted by the City
Planning Commission on its own motion to rezone property located
on the south side of Ann Arbor Road between Newburgh Road and Horton
Avenue in the Northeast 1/4 of Section 31, from C-1 to R-1,
the City Planning Commission does hereby determine to table this
item until Petition 73-4-1-15 initiated pursuant to Council
Resolution #244-73 has received a final determination by the City
Council.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Pinto, Talbot, Taylor, Friedrichs, Kluver, Falk, Andrew
NAYS: Hand
ABSENT: Scruggs
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Falk announced the next item on the agenda, Petition 74-2-1-5 by
Marathon Oil Company requesting to rezone property located
at the northeast corner of Plymouth and Newburgh Roads in the
Southwest 1/4 of Section 29, from C-1 to C-3.
Mr. Andrew: May I have the comments in the file please.
Mr. Nagy: We have a letter from Michigan Bell and they indicate no objection.
The Engineering Division reports no engineering problems connected
with the rezoning. There is a letter from Jeffrey N. Boron,
owner of Boron Construction Company and owner of Lot #12 and
he states that he strongly objects to a gasoline station
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iIL on this site. He states that he is in the process
of developing property and this would be detrimental
to his plans.
There is also a letter from Boron Investment Co.
which states that they are property owners of Lots 6,
8, 9 and 10 which is adjacent to Lot 29B30 and they
strongly object to rezoning of property because of
the gasoline crisis which may not be lucrative for them
to operate at this site since they have closed stations
already. It would also be detrimental to the adjoining
property.
A letter is also on file from the Riverside Church of
God which states that they object to the rezoning and
a gasoline station on this site.
Robert Gaberman: The existing zoning is C-1. We would provide a buffer to
Marathon the property to the side and rear. We have no capital budget
Representative at this time for a new station.
Mr. Andrew: It sounds like you are doing some advance planning. Is
that correct?
Mr. Gaberman: That is right.
Mr. Andrew: What is the frontage?
Mr. Nagy: 157 feet along Plymouth Road.
Mr. Andrew: Are there any zoning violations at this time?
Mr. Nagy: A site plan would come forward after the rezoning and it would
be checked to see if it satisfied the Zoning Ordinance. They
would have to have permission from 65% of residents but other
than that they do have sufficient size to satisify the Ordinance.
Mr. Andrew: Does that include Riverside Church of Christ?
Mr. Nagy: Yes, they would have to include the Church or at least, if not,
the signatures of the rest would have to come up to 65%.
Mr. Pinto: In a C-3 it is a permitted use. Is that right?
Mr. Nagy: Yes, but it still must comply with the specific standards of the
Zoning Ordinance.
Mr. Pinto: Some time in the future you would build a station?
Mr. Gaberman: Yes, that is right.
tiMr. Pinto: How long does Marathon hold the property?
Mr. Gaberman: General answer is not too long. I have no history to base
an answer on. You could hold it 2-3 years and stll not lose
money.
max
5524
Mr. Pinto: If Marathon determines not to use the property for a
service station, then anything allowed in C-1, C-2, and
C-3 would be allowed on the property and that is what's
on my mind at the moment.
Mr. Gaberman: I think that is a fair question and I would have to say that
you would have to decide whether the zoning is proper for
this site.
Mr. Andrew: You say the option has been exercised. Is that based solely
on rezoning?
Mr. Gaberman: We could determine not to buy because lack of obtaining the
rezoning or we could purchase the property irrespective of
the fact.
Mrs. Taylor: Is it necessary for him to obtain signatures prior to site
plan approval?
Mr. Nagy: He would need it prior to site plan approval.
Mr. Hand: I do not like to see us in a position where we are faced with
a zoning on this piece of property that would not be based
on the highest use of that property. On that basis I am
adverse to it.
Mr. Talbot: If C-3 zoning were to go through he would have to get approval
of three out of four lots besides that of the Church before
we could give an approval.
Mr. Nagy: That is right. It would need approval of 65% of residents
owning property within 400 feet radius from proposed gasoline
station site.
Mr. Falk: With regard to the intensity of traffic, the position of the
Church and the people developing this Industrial Park, I would
have to say that I am against it.
Patrick Duggan: I represent the owner of the land and I feel that C-3 is the
Attorney highest and best use of the land. You have site plan control.
If Marathon decides not to develop it then you can zone it
down. When and if a gas station is put up it will be an
attractive station and will be an asset to the property.
_RoBert Alex: I am the owner of Lot 23 and I am against the rezoning
29721 Minglewood Lane and the gasoline station.
Farmington 48024
Mr. Pinto:
I would like to comment that the term "highest and best use"
is improper terminology related to zoning. It is used properly
in connection with condemnation cases when trying to determine
highest value of land.
Mr. Hand: I would like to withdraw my reference to "highest and best use"
and change the terminology to best planned use.
5525
IL Mr. Storch: I am the owner of Lots 13, 14 and 15 and we are against
Storch Products a gasoline station being on this site. We do not
11827 Globe Rd. feel it is important to have a gas station here. We
have stations only 4/10 of a mile away. In fact, we
are surrounded with Marathon stations. You drive by
gas stations and they are empty.
Mr. Andrew: Is a representative of the Riverside Church of God
in attendance? The Church of God was advised this
was an industrial zone yet they expanded their church
in this area.
Mr. Hand: Traffic is impeded all over this City with people trying
to get gas. I think any commercial zoning on this site
then would be improper and maybe no commercial zoning
should apply.
Mrs. Friedrichs: How many stations does Marathon operate in the City of
Livonia?
Mr. Gaberman: I do not know.
Mr. Nagy: The department's last survey of gasoline service stations
conducted in May of 1970 showed that Marathon Oil had
seven stations located in the community.
Mr. Kluver: Are you going to have allocation for this new station?
Mr. Gaberman: I cannot answer that. If thei is no allocation certainly
then we will not start construction of a station.
There was no one else present wishing to be heard and the Chairman closed the
public hearing on this item.
On a motion duly made by Mr. Hand, and seconded by Mr. Falk it was
RESOLVED that, pursuant to a public hearing having been held on
April 2, 1974 on Petition 74-2-1-5 as submitted by Marathon
Oil Company requesting to rezone property located at the North-
east corner of Plymouth and Newburgh Roads in the Southwest 1/4
of Section 29, from C-1 to C-3, the City Planning Commission
does hereby recommend to the City Council that Petition 74-2-1-5
be denied for the following reasons:
(1) The proposed change of zoning will provide for uses
incompatible to and not in harmony with the established
and permitted uses of the neighborhood.
(2) The proposed change of zoning will provide for an increase
in intensity of use by way of providing for the highway
oriented services that would be detrimental to the area
as a result of increased traffic flow and turning movements
to and from the site.
5526
(3) The proposed change of zoning would not provide for uses that
would be in keeping with the orderly growth and development
of the surrounding area but would tend to encourage the
further expansion of commercial development in this area.
FURTHER RESOLVED that, notice of the above public hearing was
published in the official newspaper, the Observer-Eccentric
under date of March 11, 1974 and a 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: Pinto, Hand, Friedrichs, Falk
NAYS: Talbot, Taylor, Kluver, Andrew
ABSENT: Scruggs
The Chairman declared the motion failed.
On a motion duly made by Mr. Kluver and seconded by Mr. Talbot it was,
RESOLVED that, pursuant to a public hearing having been held
on April 2, 1974, on Petition 74-2-1-5 as submitted by Marathon
Oil Company requesting to rezone property located at the
northeast corner of Plymouth and Newburgh Roads in the Southwest
1/4 of Section 29, from C-1 to C-3 the City Planning Commission
does hereby recommend to the City Council that Petition 74-2-1-5
be approved for the following reasons:
(1) The proposed change in zoning will provide for uses that
will be compatible to and in harmony with the surrounding
uses of the area.
(2) The property is already zoned C-1 and a change of zoning to
C-3 will provide for more flexibility and range of uses
that this small parcel may be utilized for.
(3) The proposed change of zoning to C-3, highway oriented uses ,
is consistent with the potential of the area due to the
surrounding highways of the area M-14, Ann Arbor Road and
Newburgh Road.
(4) The standards by way of site plan approval of the C-3 District
regulations provide for appropriate control so as to ensure
proper development of this site so as to be compatible to and
in harmony with the surrounding established uses of the area.
FURTHER RESOLVED, that notice of the above public hearing was
published in the official newspaper, the Livonia Observer-Eccentric
under date of March 11, 1974 and a notice of such hearing was
sent to the Detroit Edison Company, Chesapeake & Ohio Railway
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:
ab a
5527
AYES: Talbot, Taylor, Kluver, Andrew
NAYS: Pinto, Hand, Friedrichs, Falk
ABSENT: Scruggs
The Chairman declared the motion failed.
On a motion duly made by Mr. Hand, and seconded by Mrs. Taylor it was
#4-68-74 RESOLVED that, pursuant to a public hearing having been held on
April 2, 1974 on Petition 74-2-1-5 as submitted by Marathon
Oil Company requesting to rezone property located at the
northeast corner of Plymouth and Newburgh Roads in the Southwest
1/4 of Section 29, from C-1 to C-3, the City Planning Commission
does hereby determine to table this item to the May 7th Study
Meeting.
A roll call vote resulted in the following:
AYES: Pinto, Hand, Talbot, Taylor, Friedrichs, Falk, Andrew
NAYS: Kluver
ABSENT: Scruggs
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Falk announced the next item on the agenda, Petition 74-2-2-2 by
Fred J. Armour requesting to be granted a waiver of use
approval to construct a single-story structure to house the
special trade contractor, Apollo Asphalt Concrete Specialities
Company, on property located on the west side of Stark Road
between Schoolcraft and Plymouth Roads in the North 1/2 of Section 28.
The Chairman passed the gavel to the Vice-Chairman Mr. Kluver at this time.
Mr. Kluver: Is there any correspondence on this petition?
Mr. Nagy: There is a letter from Michigan Bell stating they have no
objection to the petition.
A letter is also on file from Mr Daniel Gilmartin, Industrial
Development Coordinator, stating that thought should be given
to area of storage to be used being accessible during bad
weather. A letter is also on file from Mr. Frank Kerby, Chief
Building Inspector, stating that the status of the building on the
front of the property should be clarified.
Fred Armour: The shack is coming down and we will build a new building.
Petitioner
Mrs.
Friedrichs: What about building being used for residence?
te Mr. Armour: I know of nothing that would indicate that someone is living there.
Mr. Nagy: I do not think they mean there are people living there.
I just think the appropriate codes are now of a commercial nature
whereas the existing building has obviously been designed to
comply with residential building code.
5528
Mr. Pihto: What is your relationship with the property?
Mr. Armour: I am the architect of the new building.
Mr. Pinto: Will this building require a sewer?
Mr. Armour: Yes, we will need a sewer there.
Mrs. Friedrichs: Will you blacktop the road to building?
Mr. Armour: Yes.
Mr. Falk: The answer to sewer, blacktopping and tearing down of building
will have to come from the owner, not from the architect.
Mr. Hand: This is a waiver use and it can be conditioned.
There was no one else present wishing to be heard and Mr. Kluver closed the
public hearing on this item.
On a motion duly made by Mr. Talbot, and seconded by Mrs. Taylor it was
#4-69-74 RESOLVED that, pursuant to a public hearing having been held
on April 2, 1974, on Petition 74-2-2-2 as submitted by Fred
J. Armour requesting to be granted a waiver of use approval
to construct a single story structure to house the special trade
contractor, Apollo Asphalt Concrete Specialties Company, on
ILO property located on the west side of Stark Road between School-
craft and Plymouth Roads in the North 1/2 of Section 28, the
City Planning Commission does hereby determine to table this
item to the April 23, 1974 Study Meeting at which time the
following will be clarified:
1. Residency code.
2. Blacktopping of ingress and egress.
3. Removal of railroad car.
4. Fencing.
5. Erection of building (how much will it allow for outside
storage).
A roll call vote on the foregoing resolution resulted in the following:
AYES: Pinto, Talbot, Taylor, Kluver, Falk
NAYS: Hand, Friedrichs
ABSENT: Scruggs
ABSTAIN: Andrew
The Vice-Chairman declared the motion carried and the foregoing resolution adopted.
The Vice-Chairman returned the gavel to the Chairman at this time.
te, Mr. Falk announced the next item on the agenda, Petition 74-3-2-3 by Fred J.
Armour requesting to be granted a waiver of use approval to
construct an addition to house auto repair services onto the
existing Firestone Tire Center located on the east side of
1
5IL '
Middlebelt Road between Jamison and Elsie in Section 24.
I
Mr. Andrew: May I hear the comments in file.
Mr. Nagy: The Engineering Division reports no engineering problem
in connection with the addition.
Fred J. Armour: At the present time they do: not have enough room for storage.
Petitioner They would like to enclose the tires and make it a more
pleasing thing to look at by getting it under cover. That
space is not being used for parking now because there are
tires in that area.
Mr. Andrew: The dilemma is that by increasing your building you will
increase the need for more parking. There is insufficient
parking area allocated to the building.
Mr. Pinto: I would suppose that this proposed expansion is the cause
of an increase of business activity or a desire to improve
the services that he gives. Where does he go from there?
If in the future he needs more room where does he go next?
Mr. Hand: It does not have sufficient setback and has insufficient
parking and to overbuild this site now does not seem to
be in his best interest or the City's best interest.
110 Nick Malcino: Parking would not be changed with this addition. There
26703 Kingswoods are six employees and we park around the corner on the
Dearborn Hght. street.
Mr. Andrew: I thought you were losing three parking spaces.
Mr. Nagy, will they lose three parking spaces.
Mr. Nagy: Yes, because of the proposed landscaping they would go
from eight parking spaces to five spaces and that does
not count the area that is being prempted from parking as
a result of the building addition.
There was no one else present wishing to be heard and the Chairman closed the
public hearing on this item.
On a motion duly made by Mr. Kluver, seconded by Mrs. Taylor and unanimously
adopted it was
#4-70-74 RESOLVED that, pursuant to a public hearing having been held on
April 2, 1974, on Petition 74-3-2-3 as submitted by Fred J.
Armour requesting to be granted a waiver use approval to construct
an addition to house auto repair services onto the existing
Firestone Tire Center located on the east side of Middlebelt Road
between Jamison and Elsie in Section 24 , the City Planning
Commission does hereby recommend to the City Council that Petition
74-3-2-3 be denied for the following reasons:
(1) The site does not have the capacity to support the expansion
in use and the increase in building size.
(2) The proposed use is in conflict with the offstreet parking
requirements of zoning ordinance #543.
i
5530
_L (3) The proposed use is an expansion of a noncomplying
P P YinB
use and building with respect to Zoning Ordinance
#543, in that the building does not comply with the
60/ front yard requirements of the C-2 Zoning
District regulations.
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 Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Falk announced the next item on the agenda, Petition 74-3-2-4 by Marvin
Chin requesting to be granted a waiver of use approval to
construct an addition to an existing restaurant located on the
south side of Plymouth Road between Harrison and Deering in
the Northeast 1/4 of Section 36.
Mr. Andrew: Is there any correspondence in the file?
Mr. Nagy: The Engineering Division reports they have no objection
to the petition.
There is also a letter from the petitioner stating that
the rear portion is for restrooms and the storage of
foods and not for banquet facilities.
else
There was no one/present wishing to be heard and the Chairman closed the
public hearing on this item.
On a motion duly made by Mrs. Taylor, seconded by Mr. Kluver and unanimously
adopted it was,
#4-71-74 RESOLVED that, pursuant to a public hearing having been held on
April 2, 1974, on Petition 74-3-2-4 as submitted by Marvin Chin
requesting to be granted a waiver of use approval to construct
an addition to an existing restaurant located on the south
side of Plymouth Road between Harrison and Deering in the
Northeast 1/4 of Section 36, the City Planning Commission does
hereby recommend to the City Council that Petition 74-3-2-4
be approved for the following reasons:
(1) The proposed building addition is compatible with the
existing development of the site.
(2) The site capacity is capable of accommodating the
planned addition.
with the following conditions:
(1) That unimproved portionn of the parking area be upgraded
by the installation of hard surface paving to the
satisfaction of the Engineering Division.
(2) That the front yard and right of way fronting along
Plymouth Road be landscaped as shown on the approved
5531
plan which reflects the Plymouth Road Beautification
Plan.
(3) That the landscaping be installed before the proposed
addition is occupied.
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 Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, letter dated March 4,
1974 from Willard E. Lockwood requesting an extension of waiver of
use approval granted under Petition 66-4-2-9 requesting a waiver of
use approval to operate a farm produce market on the west half of
Lot #6 and all of Lot #7 of Horton's Newburgh Subdivision located
on the north side of Ann Arbor Trail between Newburgh Road and
Horton Avenue in Section 31.
On a motion duly made by Mr. Kluver, seconded by Mr. Hand and unanimously
adopted it was
#4-72-74 RESOLVED that, pursuant to a request dated March 4, 1974
from Willard E. Lockwood requesting an extension of Petition
66-4-2-9, requesting waiver use approval to operate a farm
produce market on the west half of Lot #6 and all of Lot #7
of Horton's Newburgh Subdivision located on the north side
of Ann Arbor Trail between Newburgh Road and Horton Avenue
in Section 31, the City Planning Commission does hereby
determine to grant an extension for period of such extension
to expire on June 20, 1975, for the following reason
(1) It is a logical interim use for the property prior to the
time it reaches its maximum commercial potential.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Falk announced the next item on the agenda, letter dated March 25,
1974 from Victor'-H. Cordoba requesting an extension of Petition
72-11-2-41 requesting waiver use approval to construct a sit-down
restaurant on property located on the south side of Plymouth Road
between Farmington and Stark Roads in the Northeast 1/4 of Section 33.
553:
On a motion duly made by Mr. Kluver and seconded byMrs. Friedrichs
� it was,
#4-73-74 RESOLVED that, pursuant to a request dated March 25,1974
from Victor H. Cordoba requesting an extension of Petition
72-11-2-41 requesting a waiver of use approval to construct
a sit down restaurant on property located on the south
side of Plymouth Road between Farmington and Stark Roads
in the Northeast 1/4 of Section 33, the City Planning
Commission does hereby determine to grant an extension for
a period of one year subject to the same conditions as set
forth in Planning Commission Resolution #1-7-73.
A roll call vote resulted in the following:
AYES: Pinto, Talbot, Taylor, Friedrichs, Kluver, Falk, Andrew
NAYS: Hand
ABSENT: Scruggs
The Chairman declared the motion carried and the foregoing resolution ado ted.
P
Mr. Falk announced the next item on the agenda, letter dated February 27,
1974 from W. C. Phillippi requesting an extension of waiver
'use approval granted under Petition 71-2-2--4 requesting a waiver
of use approval to allow modernization and updating of
present
gasoline service station located on the northwest cornerofMiddlebelt and Schoolcraft Roads in the Southeast 1/4 of
1[0t
Section 23.
On a motion duly made by Mr. Talbot, seconded by Mr. Kluver and unanimously
adopted it was,
#4-74-74 RESOLVED that, pursuant to a request dated February 27, 1974
from W. C. Phillippi requesting an extension of Petition 71
71-2-2-4 requesting waiver of use approval to allow modernization
and updating of present gasoline service station located on the
northwest corner of Middlebelt and Schoolcraft Roads in the
Southeast 1/4 of Section 23, the City Planning Commission does
hereby determine to grant an extension for a period of one year
subject to the same conditions as set forth in Planning
Commission Resolution #2-33-71.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Falk announced the next item on the agenda, Petition 73-12-2-27 by
Rustler Steak House requesting to be granted a waiver of use
approval to construct a family-style steak house restaurant
on property located at the northwest corner of Seven Mile
and Middlebelt Roads in the Southeast 1/4 of Section 2.
On a motion duly made by Mr. Kluver, seconded by Mrs. Friedrichs and unanimously
adopted it was,
#4-75-74 RESOLVED that, pursuant to a letter dated March 26, 1974, the
IL City Planning Commission does hereby determine to table
Petition 73-12-2-27 as submitted by Rustler Steak House
requesting to be granted a waiver of use approval to construct
a family-style steak house restaurant on property located
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at the northwest corner of Seven Mile and Middlebelt
Roads in the Southeast 1/4 of Section 2 in accordance
with the petitioners request.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Falk announced the next item on the agenda, Petition 73-10-6-14 by
the City Planning Commission pursuant to Council Resolution
#637-73 requesting to amend Section 2.08(7) of Ordinance
#543, the Zoning Ordinance of the City of Livonia, by amending
the definition of "kennel".
Leona Adcock: We wrote a letter and left it in Mr. McNamara's office. We
Sec. of Kennel had wanted to be notified of the Study Meeting.
Club
Flo Brewmeister: I feel that people do have more than three dogs in their
18625 Merriman house.
Mr. Brewmeister: You refer to "close proximity". If you are going to make
18625 Merriman it a law then why not word it like the State exactly.
There was no one else present wishing to be heard and the Chariman closed
the public hearing on this item.
On a motion duly made by Mrs. Taylor, seconded by Mr. Kluver and unanimously
adopted it was,
#4-76-74 RESOLVED that, pursuant to a public hearing having been held on
November 13, 1973 on Petition 73-10-6-14 as submitted by the
City Planning Commission pursuant to Council Resolution #637-73
requesting to amend Section 2.08(7) of Ordinance #543, the
Zoning Ordinance of the City of Livonia, by amending the
definition of Kennel, the City Planning Commission does hereby
determine to table this item to the Study 'riveting of May 7, 1974.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Falk announced the next item on the agenda, Petition 74-1-1-1 by
Kal A. Jabara & David D. Phipps requesting to rezone property
located on the west side of Farmington Road between Lyndon
and Schoolcraft in the Southeast 1/4 of Section 21, from R-2
to P.S. and C-2.
On a motion duly made by Mrs. Friedrichs , seconded by Mr. Hand and unanimously
adopted it was,
#4-77-74 RESOLVED that, pursuant to a public hearing having been held on
March 5, 1974 on Petition 74-1-1-1 as submitted by Kal A. Jabara
& David D. Phipps requesting to rezone property located on the
west side of Farmington Road between Lyndon and Schoolcraft
in the Southeast 1/4 of Section 21, from R-2 to P.S. and C-2,
the City Planning Commission does hereby recommend to City
Council that Petition 74-1-1-1 be denied for the following
reasons:
55
si
I: (1) The proposed change of zoning to the C-2 and P.S. zoning
classifications will provide for use incompatible to and
not in harmony with the nearby established residential
uses of the neighborhood.
(2) Farmington Road in this location is
predominately
residential character and commercial and office uses a
would be inconsistent with, and out of character with, the
residential.
(3) The proposed change of zoning would
provide
would cause an increase in traffic flow toand rfromstheat site.
It would conflict with the normal traffic of the adjacent
mile road and the increase in traffic flow and turning
movements would be hazardous to the neighborhood.
(4) The site under petition is adjacent to a major pedestrian
way providing access to nearby recreation facilities,
schools, parks, playgrounds and the Family Y, and heavy
traffic flow would conflict with and be hazardous to the
pedestrian movements of the area.
(5) The site under petition is designated on the Master School
and Park Plan as a park site for recreation and open space
purposes and the Parks and Recreation Commission has, by
L resolution, stated their intention to acquire this parcel
and that it is a top priority park site. To rezone the
lands to commercial and office use would be inconsistent with
the Commission's action of designating the subject site as
a park site on the Master Plan.
FURTHER RESOLVED that, notice of the above public hearing was
published in the official newspaper, the Livonia Observer-Eccentric
under date of February 20, 1974 and a 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.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Falk announced the next item on the agenda, Petition 74-2-8-7p by
Arthur Pollack requesting approval of all plans required by
Section 8.02 of Ordinance #543, the Zoning Ordinance of the
City of Livonia as amended, by Ordinance #785 submitted in
connection with a proposal to construct apartment units on
property located within the shopping center on the northwest
corner of Farmington Road and Seven Mile Road in the Southeast
1/4 of Section 4.
This item was withdrawn from the agenda and is scheduled to the meeting of
i[
April 16, 1974.
low
Mr. Falk announced the next item on the agenda, Petition 74-3-8-12 by
Leonard G. Siegal Associates, Inc. , requesting approval of
Sign Design Plans submitted in connection with the erection
of proposed signs on existing buildings located within the
shopping center on the northwest corner of Farmington Road
and Seven Mile Road in the Southeast 1/4 of Section 4.
L_ .
5535
(11:10 On a motion duly made by Mr. Kluver, seconded by Mrs. Taylor and unanimously
adopted it was,
#4-79-74 RESOLVED that, pursuant to Section 18.47 of Ordinance #543,
the Zoning Ordinance of the City of Livonia, as amended by
Ordinance #990, the City Planning Commission does hereby
recommend to the City Council that Petition 73-3-8-12 by
Leonard G. Siegal Associates, Inc. , requesting approval of
Sign Design Plans submitted in connection with the erection
of proposed signs on existing buildings located within the
shopping center on the northwest corner of Farmington Road
and Seven Mile Road in the Southeast 1/4 of Section 4, be
approved subject to the following conditions:
(1) That Sign Plan #24716, dated 1-18-74, prepared by
Federal Sign and Signal Corporation, which indicates
the sign size and location for Gingiss Formalwear, which
is hereby approved shall be adhered to.
(2) That this approval is for one sign only as shown on the
approved drawing and for a location affixed to the
building centered over the shop entrance.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Falk announced the next item on the agenda, request by Townsend Neon,
Inc., requesting approval of sign design plan which proposes
to add additional square footage to a sign erected on the
existing Big Boy Restaurant located on the south side of
Six Mile Road between Levan and Newburgh Roads in the Northwest
1/4 of Section 17, (Petition 72-7-2-21).
Mr. Hand informed the petitioner that at the time the restaruant was approved
by the Planning Commission, there were assurances given by a representative
of Elias Bros. that no revolving sign would be installed.
Mr. Ansara, owner of the Big Boy was present and stated that he did not
make the statement about the revolving sign being put up. He further stated
that he bought this from the company owned by Elias and was unaware that a
statement to that effect was made. He also stated that the other three stores
in Livonia were making more money than he was and he thought that by putting
up the statue sign it would add to his business.
It was determined that Mr. Kasab had made the statement.
On a motion duly made by Mr. Hand, seconded by Mr. Friedrichs and unanimously
adopted it was,
#4-80-74 RESOLVED that, pursuant to a request from Townsend Neon, Inc. ,
requesting approval of sign design plan which proposed to add
additional square footage to a sign erected on the existing
Big Boy Restaurant located on the south side of Six Mile Road
between Levan and Newburgh Roads in the Northwest 1/4 of Section
17, in conjunction with Petition 72-7-2-21, the City Planning
Commission does hereby determine to deny this request for the
following reasons:
.....
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(1) The proposed rotating sign stature addition is in excess of
(0'1' what was permitted as a condition of approval in connection
with waiver use Petition 72-7-2-21 and Planning Commission
Resolution #5-125-73.
(2) The proposed rotating sign statue addition is not in keeping
with the character and quality of the development attempted
to be encouraged and controlled by the Six Mile-Newburgh
Vicinity Control Ordinance.
(3) The existing signs already constructed on the site,
both the free-standing sign as well as the wall plaque sign
are sufficient to identify this restaurant which is a free-
standing restaurant located in front of the commercial
development within the offstreet parking lot and some 60'
from the road right of way which all provides for adequate
exposure to the passing traffic.
The Chairman declared the motion carried and the foregoing resolution adopted.
On a motion duly made and seconded and unanimously adopted the 272nd
Regular Meeting of the City Planning Commission of the City of Livonia was
adjourned by 11 :30 p.m.
CITY PLANNING COMMISSION
ILO
Joseph J. . 1k, .ecretary
ATTEST:
Daniel R. Andrew, Chairman