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HomeMy WebLinkAboutPLANNING MINUTES 1975-07-15 • 5840 MINUTES OF THE 298th REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA IL On Tuesday, July 15, 1975 the City Planning Commission of the City of Livonia held its 298th Regular Meeting in the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the meeting to order at 8:00 p.m. Members present: Charles Pinto Herman Kluver Esther Friedrichs William Scruggs Francis Hand Joseph Talbot Daniel Andrew Suzanne Wisler Members absent: Joseph Falk (vacation) Messrs. John J. Nagy, Planning Director; H G Shane, Planner IV; and Harry C. Tatigian, City Attorney were also present. Mr. Andrew informed the audience that if a petition on tonight's agenda involves a question of rezoning or vacating, this Commission only makes recommendations to the City Council and the City Council after holding a public hearing makes the final determination as to whether a petition is approved or denied, and if a petition requesting a waiver of use denied, the petitioner has tendays in which to appeal the decision to the City Council. The Acting Secretary, Esther Friedrichs announced the first item on the agenda, Petition 75-6-1-16 by Jack Eason, Edwin M. Burket and John Migut requesting to rezone property located on the north side of Seven Mile Road, west of Farmington Road in the Southeast 1/4 of Section 4, from RUFA to R-7. Mr. Nagy: There is a letter on file from the Engineering Department regarding lack of sewers. Consumers Power Company have a letter on file stating they have no objection. Mr. Andrew: Is part of this property now under condemnation procedure? Mr. Nagy: Yes, it is. Mr. Brashear: At one time it was my understanding that this parcel was Representing considered to be designated R-7 on the master plan. However, petitioner I do not think it has been as yet. Logically this should be an R-7 piece. It is more beneficial than single residential. There is no sewer servicing this area. Whoever takes this parcel up will have to bear the cost of the sewer situation. My clients have owned this property for a number of years. Things look dim unless we can get this rezoned. People to the west are going to file for a rezoning also. Mr. Andrew: The Master Use Plan calls for single family or low density. Is that correct? Mr. Nagy: Yes, that is correct except for the area under condemnation which is proposed for recreation and open space on the land use plan. 5841 Mr. Hand: Has any thought been given to the idea of utilizing this parcel in a combination of various housing types? Mr. Brashear: '_ believe there has been some thought given to it. If the cost of the sewer is to be undertaken there will have to be some sort of joint venture. Mr. Hand: All you are saying that there may be some single family and some multiple proposed? Mr. Brashear: I cannot say for sure, I can just say that is possible. Mrs. Friedrichs: I would prefer not to see large areas developed as multiples I would prefer to see smaller units. Possibly it could be developed with two or three different types of housing. Mr. Brasher: I think this can be explored. Mr. Andrew: Why would you include the area under condemnation in your petition? Mr. Brashear: It is in court now and at this point we do not know if it is going to be condemned or if we will sell it to the City. adjacent Dr. Hass: I bought this/property for a home and an office. I have waited 18 years and still no sewers. The only way we can get dewers in there is to have this zoned multiple and that way we can get sewers in there. I am to the west and I will be entitled to the multiple zoning if this is approved. I will not be a buffer zone to this multiple zone. Mr. Hand: I would suggest a tabling motion to see whether the petitioner can develop a combination of residential development. If he cannot come up with a combination plan I would certainly be against this petition. Mr. Kluver: I would be in favor of a tabling motion. Mr. Brashear: We have not explored this area but we would like the opportunity .to do so. There was no one else wishing to be heard and the Chairman closed the public hearing on this item. On a motion duly made by Mr. Hand, seconded by Mr. Scruggs and unanimously adopted it was #7-142-75 RESOLVED that, pursuant to a public hearing having been held on July 15, 1975 on Petition 75-6-1-16 by Jack Eason, Edwin M. Burket and John Migut requesting to rezone property located on the north side of Seven Mile Road, west of Farmington Road in the Southeast 1/4 of Section 4, from RUFA to R-7, the City Planning Commission does hereby determine to table this item. The Chairman declared the motion carried and the foregoing resolution adopted. 5842 The Secretary announced the next item on the agenda, Petition 75-6-1-17 by Artil A. Leo, Award Builders, Inc. requesting to rezone property located on the south side of Pembroke Avenue, east of Angling Road in the Southeast 1/4 of Section 1, from R-3 to R-6. Mr. Nagy: Division of Engineering reports legal description meets with approval of that office and streets are to be widened. Consumers Power state they have no objection. Owner of Lots I am against rezoning of parcels 63 and 66. 8B,9 and 10 Mr. Scruggs: Have you investigated going into single family dwelling? Mr. Leo: Real Estate people and I feel that the only thing that could go in there would be a 1200 ft. ranch on a slab. The two family would be a more favorable idea. It will be a sold item, not for rent. It is an 8 unit town house shrunk down into two and trimmed out to look like one house. Mr. Pinto: Has this land ever been platted? Mr. Nagy: It appears at one time it was divided into lots 62,63,64 and 65 and 66 and then became one large parcel after vacating that portion of the overall plat. Mr. Taub: I am against the petition. They did not let them build a 27723 Pembroke synagogue or apartments. Bob Prost: My house will be facing the backyards of any house he will put in there. I think it should be rezoned to RUF like it was before. Baird Fox: We are all single dwelling and we like it that way. 20010 Angling Doreen Levack There is too much traffic in this area already. I am against the petition. Mr. :vlcCullogh: I am against the petition. 19992 St. Francis F. Ballman: I have owned this property for quite a few years. I was interested in developing this property with homes. I did not know the expense of platting, etc. My energies have run out also. I sold the the land one time on the condition of approval for ten residences and took a deposit. I gave back his deposit because they could only get 9 homes built there. I am only asking for a reasonable return on my investment. • 5843 Mary Lewis: I am against the petition. 29602 St. Martin Mr. Hand: If this property were developed R-1 how many homes could go on there? Mr. Nagy: 12 homes. Mr. Hand: I am receptive to R-1 as I am to R-6. Mr. Prohumecki: I would like to see this area remain like it is. 19415 Angling Mr. Fox: Why not just six houses? Mrs. Wisler: R-6 would provide 80 ft. lot which will look like one single dwelling. There was one else wishing to be heard and the Chairman closed the public hearing, on this item. On a motion duly made by Mr. Hand, seconded by Mrs. Wisler it was RESOLVED that, pursuant to a public hearing having been held on July 15, 1975 on Petition 75-6-1-17 by Artil A. Leo, Award Builders, Inc. requesting to rezone property located on the south side of Pembroke Avenue, east of Angling Road in the South- east 1/4 of Section 1, from R-3 to R-6, the City Planning Commission does hereby recommend to the City Council that Petition 75-6-1-17 be approved for the following reasons: (1) The proposed change of zoning would provide for uses that are compatible to the established surrounding uses of the neighborhood. (2) The proposed change of zoning would provide for a housing density compatible with the development of the neighborhood as lands to the north, east and southeast are platted at a 40' lot size whereas the proposed change of zoning would provide a minimum lot size of 80' in width. The allowable density, therefore, would be comparable to single family development on 40' lots. (3) The proposed change of zoning which would provide for two-family housing is consistent with the Planning Commission's land use policy of trying to "encourage and guide the development of a diversity of housing types, the densities and locations meeting the housing needs of persons of all economic levels." FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Observer-Eccentric under date of June 26, 1975 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. 5844 A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Talbot, Wisler, Hand NAYS: Kluver, Scruggs, Pinto, Andrew ABSENT: Falk The Chairman declared the motion failed for lack of support. On a motion duly made by Mr. Scruggs, seconded by Mr. Kluver and unanimously adopted, it was #7-143-75 RESOLVED that, pursuant to a public hearing having been held on Petition 75-6-1-17 by Artil A. Leo, Award Builders, Inc. requesting to rezone property located on the south side of Pembroke Avenue, east of Angling Road in the Southeast 1/4 of Section 1, from R-3 to R-6, the City Planning Commission does hereby determine to table this item until the Planning Commission study meeting of August 5, 1975. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, Petition 75-6-1-18 by Donald B. Severance for Nellie C. Esch requesting to rezone property located on the south side of Seven Mile Road, east of Haggerty Road in the Northwest 1/4 of Section 7, from P.L. to C-2 and C-2 to P.L. Mr. Nagy: There are letters on file from Consumers Power and Division of Engineering both indicating no reason to object. D. Severance: The reason for this rezoning is to correct the description of the zoning district boundary lines that occurred several years ago. There was no one else wishing to be heard and the Chairman closed the public hearing on this item. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted, it was #7-144-75 RESOLVED that, pursuant to a public hearing having been held on Petition 75-6-1-18 by Donald B. Severance for Nellie C. Esch requesting to rezone property located on the south side of Seven Mile Road, east of Haggerty Road in the Northwest 1/4 of Section 7, from P.L. to C-2 and C-2 to P.L. , the City Planning Commission does hereby recommend to the City Council that Petition 75-6-1-18 be approved for the following reasons: (1) The proposed change of zoning is a mere adjustment in zoning so as to have the zoning district lines established in conformance with property ownership lines. (2) The proposed change of zoning more appropriately reflects a correction in the Zoning Map so as to have along the east property 1rline the public land classification removed from a land area 11110 under private ownership whereas, along the south property line, the change is to remove a C-2 designation from lands owned by the Schoolcraft Community College to that of the public land classification. 5845 FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Observer-Eccentric under date of June 26, 1975 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. The Secretary announced the next item on the agenda, Petition 75-5-3-5 by the City Planning Commission pursuant to Council Resolution #432-75 to vacate a portion of a public alley located north of Joy Road, east of Fremont Avenue, in the Southeast 1/4 of Section 35. Mr. Hand left the podium at this time. Mr. Nagy: Detroit Edison has no objection to the vacating as long as a full width easement is retained. Mr. Sergi: I requested this vacating for the reason that I own the land on both sides of the alley and can better maintain and utilize this area if it is vacated. Mr. Parfen: This alley is too narrow for a truck to get into there and out. Dearborn, Owner of Lot 50,51 & 52 On a motion duly made by Mr. Talbot, seconded by Mr. Scruggs and unanimously adopted it was #7-145-75 RESOLVED that, pursuant to a public hearing having been held on July 15, 1975 on Petition 75-5-3-5 by the City Planning Commission pursuant to Council Resolution #432-75 to vacate a portion of a public alley located north of Joy Road, east of Fremont Avenue, in the Southeast 1/4 of Section 35, the City Planning Commission does hereby recommend to the City Council that Petition 75-5-3-5 be denied for the following reasons: (1) With the vacating of the alley truck traffic will be prevented from utilizing the remaining portion of the alley located to the east. (2) The overall alley is needed to accommodate service vehicles and their respective turning movements serving the properties within the area. (3) The overall alley is needed to provide proper traffic circulation within the area. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer-Eccentric under date of June 26, 1975 and notice of such hearing was sent to the Detroit Edison Company, Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. 5846 The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand returned to the podium at this time. The Secretary announced the next item on the agenda, Petition 75-6-2-13 by the Church of Saviour Reformed Church of America requesting to be granted a waiver use approval for an addition to the existing Church located on the north side of Five Mile Road, east of Hix Road in the Southeast 1/4 of Section 18. Mr. Nagy: The Engineering Department recommends a walk across the front of the church. Ed Vanderbilt: The Church has no objection to the sidewalk and the special Building assessment for the sidewalk across the frontage of the church. Committee Mr. Scruggs: Are you installing new heating and air conditioning units? Mr. Vanderbilt: We are installing new units within the building. There was no one else wishing to be heard and the Chairman closed the public hearing on this item. On a motion duly made by Mr. Harid, seconded by Mr. Scruggs and unanimously adopted, it was #7-146-75 RESOLVED that, pursuant to a public hearing having been held on July 15, 1975 on Petition 75-6-2-13 by the Church of Saviour Reformed Church of America requesting to be granted a waiver use approval for an addition to existing church located on the north side of Five Mile Road, east of Hix Road in the Southeast 1/4 of Section 18, the City Planning Commission does hereby recommend to the City Council that Petition 75-6-2-13 be approved subject to . the following conditions: (1) that Site Plan #7519, dated 5/12/75, which is hereby approved, shall be adhered to; (2) that Building Elevation Plan #7519, dated 5/12/75, which is hereby approved, shall be adhered to; (3) all landscaping as shown on the approved Site Plan #7519 shall be installed prior to issuance of a Certificate of Occupancy and permanently maintained in a healthy condition; for the following reasons: (1) The proposed use complies with Zoning Ordinance #543, as amended. (2) The proposed use represents a minor expansion in use which use and proposed building addition is compatible to and in harmony with the existing Church structure. (3) The site has more than sufficient capacity to accommodate the minor structural addition to the Church. 5847 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, Petition 75-6-2-14 by Sanford D. Schaefer for Red Barns of Michigan, Inc. , requesting to be granted a waiver use approval to add to the seating capacity of the existing restaurant located on the south side of Plymouth Road, west of Middlebelt Road within the Wonderland Shopping Center in the Northeast 1/4 of Section 35. Mr. Nagy: Consumers Power have no objection, Division of Engineeing have no objection. Mr. Schaefer: We wish to put in an additional 12 seats. We have 20 now, we will wind up with 32. • There was no one else wishing to be heard and the Chairman closed the public hearing on this item. On a motion duly made by Mr. Scruggs, seconded by Mr. Hand and unanimously adopted, it was #7-147-75 RESOLVED that, pursuant to a public hearing having been held on July 15, 1975 on Petition 75-6-2-14 by Sanford D. Schaefer for Red Barns of Michigan, Inc., requesting to be granted a waiver use approval to add to the seating capacity of the existing restaurant located on the south side of Plymouth Road, west of Middlebelt Road within the Wonderland Shopping Center in the Northeast 1/4 of Section 35, the City Planning Commission does hereby recommend to the City Council that Petition 75-6-2-14 be approved subject to the following condition: (1) that Site Plan #75-7 dated 5/13/75 which is hereby approved shall be adhered to. for the following reasons: (1) It complies with Zoning Ordinance 543, as amended, Section 11.03 Waiver Uses; subsection (c) restaurants. (2) The overall site area of the Wonderland Shopping Center has the capacity to support his minor expansion in use. 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. 110 The Secretary announced the next item on the agenda, is approval of Planning Department Budget for Fiscal Year 1975-76. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted, it was 5848 #7-148-75 RESOLVED that, the City Planning Commission does hereby approve the Annual Budget for the Fiscal Year 1975-76 as prepared by the City Planning Department and its transmittal to the Mayor and Director of Finance. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda is approval of the minutes of the 296th Regular Meeting held by the City Planning Commission on June 10, 1975. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and adopted, it was #7-149-75 RESOLVED that, the minutes of the 296th Regular Meeting held by the City Planning Commission on June 10, 1975 are here approved. A roll vote resulted in the following: AYES: Kluver, Friedrichs, Scruggs, Pinto, Wisler, Hand, Andrew NAYS: None ABSTAIN: Talbot ABSENT: Falk The Chairman declared the motion carried and the foregoing resolution adopted. The Secreatary announced the next item on the agenda Petition 75-6-8-12 by Michael Genson requesting approval of all plans required by Section 18.47 of Ordinance #543, as amended by Ordinance #990, submitted in connection with a proposal to construct an addition to an 1[0 existing building located on the west side of Farmington Road between Clarita and Seven Mile Road in Section 9. On a motion duly made by Mr. Talbot, seconded by Mr. Scruggs, and unanimously adopted, it was #7-150-75 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 75-6-8-12 submitted in connection with a proposal to construct an addition to an existing building located on the west side of Farmington Road between Clarita and Seven Mile Road in Section 9, be approved subject to the following conditions: (1) that Site and Landscape Plan #A-236, Sheet 2, dated 6/20/75 which is hereby approved, shall be adhered to; (2) that all landscaping as shown on the approved Site and Landscape Plan #A-236 shall be installed prior to issuance of a Certificate of Occupancy for the new addition and permanently maintained in a healthy condition; (3) that Building Elevation Plan #A-236, Sheet 3, which is hereby 1110 approved, shall be adhered to. (4) that the existing north building elevation be painted to match the new addition. The Chairman declared the motion carried and the foregoing resolution adopted. 5849 The Secretary announced the next item on the agenda is Landscape Plan submitted in connection with a condition of approval of Petition 75-4-8-9P by David E. Powell, Inc. , requesting approval of all plans required by Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #988, in connection with a proposal to construct a professional building on the north side of Schoolcraft Road, west of Hubbard Road in Section 22. On a motion duly made by Mr. Hand, seconded by Mr. Scruggs and unanimously adopted, it was #7-151-75 RESOLVED that, the City Planning Commission does hereby approve the Landscape Plan submitted in connection with a condition of approval of Petition 75-4-8-9P by David E. Powell, Inc. , requesting approval of all plans required by Section 18.58 of Ordinance #543, as amended by Ordinance #988, in connection with a proposal to construct a professional building on the north side of Schoolcraft Road, west of Hubbard Road in Section 22, subject to the following conditions: (1) that Landscape Plan dated July 10, 1975, prepared by Artech, Inc. , which is hereby approved, shall be adhered to; (2) that all landscaping as shown on the approved Landscape Plan shall be installed on the site within ninety (90) days from the date of this approval and shall be permanently maintained in a healthy condition. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, Petition 75-7-8-14 by Michigan National Bank-Metro West requesting approval of all plans required by Section 18.47 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #990, submitted in connection with a proposal to construct a canopy on and make minor exterior alterations to the existing building located on the south side of Plymouth Road west of Middlebelt Road within Wonderland Shopping Center in Section 35. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted, it was #7-152-75 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 75-7-8-14 as submitted by Michigan National Bank-Metro West requesting approval of all plans required by Section 18.47 in connection with a proposal to construct a canopy on and make minor exterior alterations to the existing building located on the south side of Plymouth Road, west of Middlebelt Road within the Wonderland Shopping Center in Section 35, be approved subject to the following conditions: (1) that Site Plan #75-709, Sheet 1 of 4, dated 7/10/75, which is hereby approved, shall be adhered to; 5850 (2) that Building Elevation Plan #75-709, Sheet 3 of 4, dated 7/10/75, which is hereby approved, shall be adhered to; (3) that all landscaping as shown on the approved Site Plan IL . shall be installed on the site prior to final inspection. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, request for an extension of approval of Petition 74-5-8-19 by Chatham Super Markets Inc. , requesting approval of all plans required by Section 10.02 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #711, submitted in connection with a proposal to construct a shopping center on property located on the south side of Five Mile Road between Newburgh Road and Blue Skies in the Northeast 1/4 of Section 19. , On a motion duly made by Mr. Scruggs, seconded by Mr. Hand and unanimously adopted, it was #7-153-75 RESOLVED that, pursuant to Section 10.02 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #711, and pursuant to a request from the petitioner, the City Planning Commission does hereby recommend to the City Council that the approval of Petition 74-5-8-19 by Chatham Super Markets Inc. requesting approval of all plans required by Section 10.02 of Ordinance #543, the Zoning Ordinance of the City of Livonia, IL as amended by Ordinance #711, submitted in connection with a proposal to construct a shopping center of property located on the south side of Five Mile Road between Newburgh Road and Blue Skies in the Northeast 1/4 of Section 19, be extended for a period of one year. The Chairman declared the motion carried and the foregoing resolution adopted. The Secretary announced the next item on the agenda, request for an extension of approval of Petition 74-3-2-6 by Frankel Associates requesting to be granted a waiver use approval to locate savings and loan offices and general office tenants in a two story office building proposed to be located on the south side of Six Mile Road between Newburgh and Farmington Roads in Section 17. On a motion duly made by Mr. Talbot, seconded by Mr. Scruggs and unanimously adopted, it was #7-154-75 RESOLVED that, pursuant to a request dated 7/11/75 from Frankel Associates requesting an extension of the approval of Petition 74-3-2-6 by Frankel Associates requesting to be granted a waiver use approval to locate savings and loan offices and general office tenants in a two story office building proposed to be located on the south side of Six Mile Road between Newburgh and Farmington Roads in Section 17, the City Planning Commission does hereby recommend to the City Council that an extension for a one-year period from the date of this resolution be granted. The Chairman declared the motion carried and the foregoing resolution adopted. 5851 A On a motion duly made and seconded and unanimously adopted, the City Planning ILO Commission adjourned its 298th Regular Meeting held on July 15, 1975, at 10:30 p.m. CITY PLANNING COMMISSION E ter Friedrichs, Acting Secretary ATTEST: C64°;//e/e1 ;2 Daniel R. Andrew, Chairman 1[10 J