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HomeMy WebLinkAboutPLANNING MINUTES 1954-01-12 261 42. MINUTES OF A PUBLIC HEARING AND THE FORTY-FIFTH SPECIAL MEETING OF THE CITY PLANNING COMMISSION A Public Hearing and the 45th Special Meeting of the City Planning Commission were held on Tuesday, January 12, 1954 at the City Hall, Livonia, Michigan. Chairman Dallas Hay called the Public Hearing to order at approximately 8:05 p.m. Members present: William Newton Edwin Conway Robert L. Greene Irving Geer Rufino Salinas H. Paul Harsha Dallas Hay Clarence Jahn Mr. Tom Kimmerly, Asst. to Mr. W. W. Brashear, City Attorney; Mr. Herzberg, Asst to Mr. Malcolm Waring, Planning Consultant and Mr. Harold Hultquist, Supt. Public Works were present, together with approximately 175 people attending the public hearing and the special meeting. A public address system was borrowed from the Department of Civil Defense on a trial basis for this evening. The secretary announced that the first item on the agenda was the J. Ziegler Woods Subdivision, No. 2 located north of Dover Avenue between Middlebelt and Henry Ruff Roads in the Southeast 1/4 of Section 35. Mr. Aubrey H. Ettenheimer, Mr. Henry Alper, and Mr. Abe Green were present representing the subdivision. The secretary read a letter of transmittal from Mr. Ettenheimer and the recommendation of Waring and Johnson. Waring and Johnson also submitted copies of a survey of the property located south of Grandon, showing which lots have houses built on them. A letter from Mr. W. W. Brashear, City Attorney, directed to Mr. William Kyte, 9168 Oporto, Livonia was read in which it related action taken at the 2/14/51 and the 2/13/52 meeting of the Planning Commission when the subject of closing Cathedral Street came up. A petition containing approximately 50 names of Bonapart Gardens residents re- questing that the streets Danzig, Oporto, Melvin, Louise, Beatrice, and Free- mont be cut through to the first east/west street was read by the secretary. The recommendation of Waring and Johnson regarding the petition of George W. Hall, Jr., 31090 Grandon Road containing 87 signatures requesting the area known as J. Ziegler Woods Subdivision, No. 1 be rezoned from RUFB to R-1-A was read. Mr. Hall was present. Mr. Cornetet, 9107 Melvin was present as a spokesman for Bonaparte Gardens, and stated that when the subdivision was platted the streets were opened up and that he did not like living on a dead end street. A drawing was presented and according to Mr. Cornetet a turn around would go into the garage of Mr. Landelius, 9120 Hugh and would extend three feet into the front room of the home of Mr. Britt, 9135 Freemont. Mr. Cornetet had no intention of giving up one foot of property without due process of law, and that he would have no objection if the streets were cut through. NC; Mr. Hamelink, 30624 Grandon was present representing the Grandon Woods Civic Association and stated that anytime they wanted to make Grandon a dead end street they're all for it. He also reminded the Commission of the petition submitted at the previous meeting containing 70 names. Mr. Green stated that they felt that the streets should not be opened up, and that a turn around becomes a public street that is owned by the City of Livonia. The land would have to be dedicated by all owners adjacent to it. and they are willing to contribute more than their share. When the land was first bought it was acreage. Mr. Kyte, 91613 Oporto stated that the only reason Cathedral was closed was that it would be a 30ft. street and that it would end up as an alley. Mr. Green stated that they would be willing to create walking easements. Mr. Cornetet stated that to open just some of the streets has not been dis- cussed by the Bonaparte Gardens residents. Upon a motion duly made by Mr. Conway, seconded by Mr. Newton, and unanimously carried, it was RESOLVED, that J. Ziegler Woods Subdivision, No. 2 be temporarily tabled to allow the Bonaparte Gardens residents to discuss opening only some of the streets. The Chairman declared the foregoing resolution adopted. Immediately the Bonaparte Gardens residents present decided without question that they wished every street opened up to the first east/west street. Upon a motion duly made by Mr. Conway, seconded by Mr. Jahn, and unanimously carried, it was RESOLVED, that the J. Ziegler Woods Subdivision, No. 2 be tabled until the regular meeting, January 19, 1954, and FURTHER RESOLVED, that the Planning Commission as a whole, a representative of Rose Hill Builders, and Mr. Hamelink, representing Grandon Woods, meet at Mr. Cornetet's house at 10:00 a.m. January 17 to study the subdivision as a whole for a possible solution. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Harsha, seconded by Mr. Geer, and unanimously carried, it was RESOLVED, that a letter be written to the Fire Department, Police Department, and the Department of Public Works for their report on the proposed J. Ziegler Woods Subdivision, No. 2. The Chairman declared the foregoing resolution adopted. 265 17a The second item on the agenda was the proposed Bel-Aire Gardens Subdivision, No. 2 located north of West Chicago between Merriman and Henry Ruff Roads in the Northwest 1/4 of Section 35. The secretary read the letter of transmittal from Mr. Ettenheimer and the recommendation of Waring and Johnson wherein Mr. Johnson stated that it in- cludes some area proposed for a school site. There was a discussion regarding the school site. Upon a motion duly made by Mr. Jahn, seconded by Mr. Newton, and unanimously carried, it was RESOLVED, that the Bel-Aire Gardens Subdivision, No. 2 be tabled until the regular meeting, February 16, 1954, and FURTHER RESOLVED, that a report be obtained from the Board of Education and the Department of Parks and Recreation regarding the area proposed for a school site and that a letter be sent informing them of the above meeting. The Chairman declared the foregoing resolution adopted. The next item on the agenda was the proposed Country Homes Subdivision located between Plymouth Road and the Middle Rouge Parkway from Wayne to Levan Road in a part of the east 1/2 of Section 32 and a part of the west 1/2 of Section 33. Mr. Storrer was present representing the Harry Slatkin Builders, Inc. The secretary read the letter of transmittal from Mr. Storrer and the recommendation of Waring and Johnson wherein they stated thatit was their recommendation together with Mr. Michelson that another school site be located west of Yale, north of Orangelawn and east of Levan Road. Mr. Storrer stated that when he saw Mr. Waring regarding this subdivision Mr. Waring stated that there was no school provided on the Master Plan. It was also stated by Mr. Storrer that Slatkin Builders, Inc. intend to take approx- imately two to three years to complete this subdivision. Upon a motion duly made by Mr. Jahn, seconded by Mr. Conway, and unanimously carried, it was RESOLVED, that the Country Homes Subdivision be tabled until the regular meeting, February 16, 1954, and FURTHER RESOLVED, that Mr. Storrer meet with the Department of Parks and Recreation and the Board of Education relative to a school and park site in the area and that a letter be sent informing them of the regular meeting, February 16, 1954. The Chairman declared the foregoing resolution adopted. Post meeting note: Mr. Storrer requested to appear before the Planning Commission on January 19, 1954 instead of February 16, 1954. 267 517/ The Chairman called a recess at 9:40 p.m. The Chairman called the meeting to order at 9:55 p.m. The secretary read Petition Z-15a, D. Newman again requesting to change the classification of Lot 549 of Supervisor's Livonia Township Plat No. 9 located on the southwest corner of Newburg and Plymouth Roads from RUFB to C-2. Waring and Johnson's recommendation was also read. Mr. Norman Newman was present. Mr. Newman stated that there will be a restricting covenant in the contract and that there would be an established greenbelt and cyclone fence on Newburg. There would be no ingress or egress from the park. A petition was submitted with 14 names of immediate property owners and approximately 20 names of Board of Trustees and members of the Riverside Park Church, Newburg Road at Plymouth Road. Approximately 22 names from residents of the southwest section and surrounding area were submitted objecting to Petition Z-15a. These three petitions were submitted by Mr. Schnell, 37470 Plymouth. Mr. Newman stated that he had talked to the residents on Plymouth and that he could find only one person objecting to his petition. The other people agreed that the zoning should be changed. s There were eight people present objecting to the petition. Mr. Davey, Attorney for the Wayne County Road Commission was present and stated that if the petitioner would dedicate 25 feet on the Newburg Road side plus 10 feet at the rear of premises for park purposes the County Road Commission would withdraw their objection. Mrs. Hoffert, 37560 Plymouth said Mr. Newman did not come to her house. hrs. Schnell, 37470 Plymouth stated that Mr. Newman knew when he bought the property that it was zoned RUFB and that everytime he submits a petition he has a different reason for wanting to change the zoning. It was her opinion that there was not room on the property for a Howard Johnson restaurant. Mr. and Mrs. Crawford, 37500 Plymouth and Mrs. Davis, 37818 Plymouth Road stated that they agreed with Mrs. Schnell and they did not want the property rezoned. Mr. Jahn asked if the property owners and Mr. Newman couldn't get together and reach a compromise, It was stated that they objected to any type of business. Upon a motion duly made by Mr. Conway, and seconded by Mr. Jahn it was RESOLVED, that Petition Z-15a, D. Newman requesting to change the classification of Lot 549 of Supervisor's Livonia Plat No. 9 located on the southwest corner of Newburg and Plymouth Roads from RUFB to C-2 be granted on the following conditions: 269 a. Petitioner will dedicate 25 feet on the Newburg Road side plus 10 feet in the rear of premises for park purposes. b. A greenbelt will be established. c. No ingress or egress from thepark. d. A restricting covenant in the contract stipulating that there will never be a drive-in restaurant. e. A cyclone fence will be erected on the east and west boundary of the property. A roll call vote on the foregoing resolution resulted in the following: AYES: Conway, Greene, Hay, Harsha and Salinas NAYS: Jahn, Newton, Geer The Chair declared that Petition Z-15a be granted. The secretary read Petition Z-35a, Lawrence G. and Viola R. Sellake again requesting to change the classification of Parcel located on the southwest corner of Ann Arbor Road and Hix Road in the southwest 1/4 of Section 31 for a depth of 150 feet from the south boundary of Ann Arbor Road from RUFB to C-1. Waring and Johnson's recommendation and a petition with approximately 60 names objecting to Petition Z-35a were also read. Mr. and Mrs. Sellake were present. Mr. Sellake stated that there were no other homes within 1/8 mile of his. Mr. Cooper, 38116 Minton stated that it would create a safety hazard to allow business in this area. There were about ten people present supporting Mr. Cooper. Mr. Sellake stated that they were only interested in the frontage being rezoned and not the entire parcel. Upon a motion duly made by Mr. Greene, and seconded by Mr. Geer, it was RESOLVED, that Petition Z-35a, Lawrence G. and Viola R. Sellake re- questing to change the classification of parcel located on the southwest corner of Ann Arbor Road and Hix Road in the Southwest 1/4 of Section 31 for a depth of 150 feet from the south boundary of Ann Arbor Road from RUFB to C-1, be denied. A roll Call vote on the foregoing resolution resulted in the following: AYES: Jahn, Newton, Conway, Greene, Geer, Hay and Salinas NAYS: None NOT VOTING: Harsha The Chairman declared Petition Z-35a denied. The secretary read Petition Z-42, initiated by the City Planning Commission on its own motion requesting that lots 76 to 79 inclusive of Grayton Highway Subdivision located on the corner of Surrey Avenue and Graytona Avenue and approximately 750 feet south of Schoolcraft in the west 1/2 of the Northeast 1/4 of Section 28 from RUFB to M-1. 271 173 Waring and Johnson's recommendation and a letter from Marie W. Clark, City Clerk were read. The Council has referred Petition Z-41 back to the Planning Commission for their re-consideration. Petition Z-41 is directly related to Petition Z-42. Mr. E. Marcotte, Detroit submitted a petition containing 28 names opposed to this petition. The property owners of Lots 76 to 79 were not present. Upon a motion duly made by Mr. Geer, seconded by Mr. Greene, and unanimously carried, it was RESOLVED, that Petition Z-42 initiated by the City Planning Commission on its own motion requesting that Lots 76 to 79 inclusive of Grayton Highway Subdivision located on the corner of Surrey Avenue and Graytona Avenue and approximately 750 feet south of Schoolcraft in the west 1/2 of the Northeast 1/4 of Section 28 from RUFB to M-1, be denied. The Chairman declared the foregoing resolution adopted. The next item on the agenda was the petition of George Cummins (ncn) to re- move sand on parcel of land 400 feet wide and 600 feet deep located south of Five Mile Road and west of Fairlane in the southwest corner of Parcel L3 in the Northwest 1/4 of Section 21. Mr. and Mrs. Cummins and Harold Long were present. Mr. Jahn stated that he as being a member of the Top Soil Committee would be in favor of this application. Upon a motion duly made by Mr. Jahn, seconded by Mr. Newton, and unanimously carried, it was RESOLVED, that application of George Cummins (ncn) to remove aand on parcel of land 400 feet wide and 600 feet deep located south of Five Mile Road and west of Fairlane in the southwest corner of Parcel L3 in the Northwest 1/4 of Section 21, be granted, and FURTHER RESOLVED, that a performance bond be fixed at $500 and it is recommendated to the Bureau of Inspection that a permit to this effect be issued. The Chairman declared the foregoing resolution adopted. The next item on the agenda was the petition of Norris A. Host, Wolverine Contractors, Inc. (ren) to remove sand from parcel located between School- craft and C & 0 Railway and approximately 3,000 feet west of Stark Road in the Northwest 1/4 of Section 28. Mr. Host was present. The secretary read the letter of transmittal from Mr. Host. The application has been approved by the Department of Public Works and the Police Department. Mr. Jahn said that he had not bean notified of this application and that he wished to investigate it. 216 7`/. Upon a motion duly made by Mr. Conway, seconded by Mr. Jahn, and unanimously carried, it was RESOLVED, that application of Norris A. Host, Wolverine Contractors, Inc. ("e") be tabled until the regular meeting, February 16, 1954. The Chairman declared the foregoing resolution adopted. The secretary read the petition of Deo V. Duryee to construct a gasoline service station , on the south side of Plymouth Road approximately 640 feet east of Levan Road in the Northeast 1/4 of Section 32. The recommendation of Waring and Johnson was also read wherein Mr. Waring stated that there are 14 gas stations on Plymouth Road between Inkster and the western limits of Livonia and 16 gas stations on Plymouth within Redford Township. Mr. Duryee and Mr. Colin C. Crawford were present. Mr. Duryee stated that no objections were made to him, therefore he went ahead with the survey, etc. The property where the old station was is now rented and has been since last summer. Stated that he is good friends with the Brown family and he has no intention of erecting the station if there were objections from Mr. Brown. Mr. Brown, 36049 Plymouth stated that Mr. Duryee does not live on any part of the property and that he (Mr. Brown) has two homes on his land, Because of the increase insurance rates he would not like to see the station erected. Mr. Duryee nor Mr. Crawford called on Mr. Brown since the previous meeting because Mr. Duryee wanted to have the new set of prints to show him. They were still not available. Mr. Harsha asked how far the proposed station is from Mr. Brown's property. Mr. Brown stated that the east side of the house is approximately 25 feet from the line. The edge of the house would be approximately 90 feet from the edge of the station. Mr. Salinas asked if the people from the plant stopped at Mr. Brown's road- side stand. Mr. Brown stated that the people do not usually stop. Mr. Crawford stated that the County and Street Highway Commission asked them to move the station back from the road as the road is to be widened. Upon a motion duly made by Mr. Salinas and seconded by Mr. Harsha, it was RESOLVED, that the petition of Deo V. Duryee, to construct a gasoline service station on the south side of Plymouth Road approximately 640 feet east of Levan Road in the Northeast 1/4 of Section 32, be granted. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Harsha and Salinas NAYS: Jahn, Conway, Greene, Geer and Hay The Chairman declared the foregoing resolution denied. 275 The Chairman called a recess at 11:45 p.m. The Chairman called the 45th special meeting to order at approximately 11:55 p.m. The first item on the agenda was the desire of Mr. H. Young, Rose-Hill Sales Company to discuss the temporary erection of a bulletin board 251 X 121 set back at least 751 from the lot line. The location of the sign will be the southwest corner of Middlebelt and Plymouth Roads. Mr. Young was present. Mr. Young stated that they would need the sign six or seven months. A picture of the proposed sign was shown to the Planning Commission. There was a lengthy discussion. Upon a motion duly made by Mr. Conway, seconded by Mr. Jahn, and unanimously carried, it was RESOLVED, that the petition of Mr* S. L. Salsinger, Rose-Hill Sales Company to erect a temporary bulletin board 251 X 121 on the southwest corner of Middlebelt and Plymouth Roads set back at least 751 from the lot line be granted subject to the approval of the Poliee Department and that six months from issuance of permit the bulletin board be removed. The Chairman declared the foregoing resolution adopted. The next item on the agenda was the subdivision sponsored by Biltmore Homes located in the south 1/2 of Southwest 1/4 of Section 14 on the north side of Five Mile Road and east of Merriman. Mr. Orr was present early in the evening and informed the Planning Commission that he could not wait. Upon a motion duly made by Mr. Jahn, seconded by Mr. Conway, and unanimously carried, it was RESOLVED, that the proposed subdivision sponsored by Biltmore Homes be tabled until the regular meeting, January 19, 1954, and FURTHER RESOLVED, that a letter be written to Mr. Orr requesting that he or a representative be present at the aforementioned meeting. The Chairman declared the foregoing resolution adopted. The next item on the agenda was the committee report on the Bel-Aire Gardens Subdivision, No. 1. Mr. Salinas stated that he had gone to a department at the Detroit Edison Company devoted to street arrangement, etc. and he was informed that the number system on this subdivision is correct but that three street names were to be changed. Upon a motion duly made by Mr. Geer, seconded by Mr. Jahn, and unanimously carried, it was RESOLVED, that upon the motion of Irving Geer, the three street names in the Bel-Aire Gardens Subdivision, No. 1 namely Oporto from Richland to Middlebelt be changed to Robert Drive and Doris from Richland to Louise 277 and Freemont from Louise to Oporto be changed to MacIntyre, in memory of Robert Maclntyre a ,past member of the City Planning Commission. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Geer, seconded by Mr. Newton, and unanimously carried, it was RESOLVED, that a letter be written to Mrs. Maclntyre informing her of the street dedication, and FURTHER RESOLVED, that a letter be sent to Rose-Hill Builders informing them of this street change and that a copy of this dedication be for- warded to the Livonian for publication in their paper. The Chairman declared the foregoing resolution adopted. The next item on the agenda was the approval of the minutes. Upon a motion duly made by Mr. Newton, seconded by Mr. Jahn, and unanimously carried, it was RESOLVED, that the minutes of the meeting (a) 11/17/53, (b) 12/1/53, and (c) 12/15/53 be approved with the following corrections: (a) Pages should be numbered 438-450 instead of 238-250. (b) David Lewis Subdivision and Pearl Wilson Subdivision is one and the same. Pearl Wilson Subdivision was given tentative approval 11/17. (c) Omitted from list of school and park sites. 34b - Existent park site. 14a - Existent grade school site. 14b - Proposed grade school site. The Chairman declared the foregoing resolution adopted. Letters from the City Council and Treasurer regarding additional floor space for the Planning Commission's secretary were read. Upon a motion duly made, seconded, and unanimously carried, it was RESOLVED, that after meeting with the City Treasurer the exact location of the Planning Commission 's secretary in the Treasurer's Office shall be left to his decretion. The Chairman declared the foregoing resolution adopted. Upon a motion duly made, seconded, and unanimously carried, it was RESOLVED, that a committee consisting of Mr. Greene and Mr. Geer make arrangements to meet with the Civil Service Commission to discuss the compensation and classification of the Planning Commission's secretary. The Chairman declared the foregoing resolution adopted. 279 X77 After receiving a letter Mr. Newton was appointed as a committee of one to investigate the widening of West Chicago. There was a lengthy discussion regarding the hospital or clinic put into Sergis Gardens. Mr. Newton stated that he had been able to obtain some in- formation on this matter. The State Fire Marshall had said that they could only use the first floor of the building. Mr. Newton had heard that this was for industrial and emergency cases or for mental and alcoholic cases. Upon a motion duly made by Mr. Jahn, seconded by Mr. Harsha, and unanimously carried, it was RESOLVED, that a letter be forwarded to the City Attorney regard- ing the hospital or clinic being established at Sergis Gardens asking for his opinion as to whether or not it is a violation of the Zoning Ordinance. The Chairman declared the foregoing resolution adopted. There was a lengthy discussion regarding the City Clerk's letter to the Planning Commission referring Petition Z-41 back to the Commission for re- consideration. Upon a motion duly made by Mr. Jahn, seconded by Mr. Newton, and unanimously carried, it was RESOLVED, that the re-consideration of Petition Z-41, Ralph A. and Kathleen C. Westlake, be tabled until the regular meeting, January 19, 1954, and FURTHER RESOLVED, that a letter be written to the City Attorney asking his opinion as to whether or not it is necessary to notify residents in the surrounding area of a pending zoning petition by mail. The Chairman declared the foregoing resplution adopted. Upon a motion duly made, seconded, and unanimously carried, it was RESOLVED, that this meeting be adjourned. At approximately 1:00 a.m. the Chair declared the meeting adjourned. 1 ;co-d Rufin•ISalinas, Secretary ATTESTED: Dallas F. Hay, Chairman