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HomeMy WebLinkAboutPLANNING MINUTES 1954-01-19 281 71 MINUTES OF THE FORTY-FIRST REGULAR MEETING OF THE CITY PLANNING COMMISSION The 41st regular meeting of the City Planning Commission was held on Tuesday, January 19, 1954 at the City Hall, Livonia, Michigan. Chairman Dallas Hay called the regular meeting to order at approximately 8:08 p.m. Members present: William Newton Edwin Conway Robert L. Greene Irving Geer Rufino Salinas H. Paul Harsha Dallas Hay Clarence Jahn Mr. Malcolm Waring, Planning Consultant; Mr. Howard Middlewood, Building Inspector; Mr. Harold Hultquist, Supt. of Public Works; Chief Roberts, Fire Department; and Mr. James Hagen, Director of Public Safety were present, together with approximately 75 people attending the regular meeting. The secretary announced that the first item was the petition of George Cummins(nan) requesting to remove top soil from a parcel of land containing 6.86 acres located between Merriman and Middlebelt Roads and between Plymouth and C & 0 Railway in the Southwest 1/4 of Section 26. Mr. Jahn stated that at this time of year there is no reason to remove top soil and recommended that this application be denied because there are too many holes. Upon a motion duly made by Mr. Conway, seconded by Mr. Greene and unanimously carried, it was RESOLVED, that petition of George Cummins (nan) to remove top soil from a parcel containing 6.86 acres located between Merriman and Middlebelt Roads and between Plymouth and C & 0 Railway in the South west 1/4 of Section 26, be denied. The Chairman declared the foregoing resolution adopted. The next item was the petition of George Cummins (nbn) to remove a stock pile of top soil from parcel containing 30.22 acres, approximately 1,900 feet east of Levan Road and between Schoolcraft and Five Mile Roads in the Southwest 1/4 of Section 20. Mr. Jahn stated that he had talked with the adjoining property owners and that it was his recommendation that the dirt be put back and that this application be turned down. Mr. Hultquist stated that he had approved this application because it is a stock pile and that it was piled before the Zoning Ordinance. Upon a motion duly made by Mr. Conway, seconded by Mr. Greene, and unanimously carried, it was 283 // 7/ RESOLVED, that petition of George Cummins (!"b„) to remove a stock pile of top soil from parcel containing 30.22 acres, approximately 1,900 feet east of Levan Road and between Schoolcraft and Five Mile Roads in the Southwest 1/4 of Section 20, be denied. The Chairman declared the foregoing resolution adopted. The matter of Sergis Clinic was discussed and a full report was given of the conditions found by Mr. Hagen in which he made some of the following points. After contacting Mr. Richard Sumter he found that the clinic was to be incorporated under the name of Livonia Hospital Incorporated. Miss Perris is to take charge of the staff. It would be a hospital for the care of the aged and heart cases. They hope to open February 15. Mr. Hagen has notified the Police Chief to make a further report and that he is to forward it to the Planning Commission. Mr. Hagen also suggested that the Planning Commission write a letter to Mr. Sumter re- questing him to make a written statement of exactly how the premises would be used. Mr. Newton asked why according to the Zoning Ordinance permission wasn't obtained from the Planning Commission before this was started. He had had several calls regarding this. Mr. Hagen said that they had a permit that enabled them to make changes in the building. Mr. Newton asked why they would have to put this type of hospital in that area. Mr. Jahn asked Mr. Hagen if he thought Mr. Sumter would come before the Planning Commission. Mr. Hay stated that he should be asked to come before the Planning Commission with a petition. Mr. Salinas asked how far they had progressed improving the building and Mr. Hagen stated that to his knowledge they had finished. Mr. Newton stated that nothing was said about it being a convalescence home when he visited the surrounding property owners. Before Mr. Hagen left he asked that a meeting between the Traffic Commission and the Planning Commission be arranged as soon as possible. Stated that he felt the matter of under-passes, over-passes, and angle parking very important. Mr. Brashear, City Attorney arrived at approximately 8:26 p.m. The next 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 was present. 285 The secretary read a letter dated 1/16/54 from Calvin Roberts, Chief of the Fire Department in which he objected to dead end streets for three reasons: (1) Because of the City Subdivisions regulations, (2) Dead end streets offer only one means of approach, and (3) The Fire Depart- ment is to purchase Aerial ladder trucks and that due to their wheel ` base it would be impossible to turn around. The secretary also read a letter from H. M. Hultquist, Supt. of Public Works in which he recommendated that all streets running north and south in Bonaparte Gardens Subdivision be extended to the first existing or proposed east and west street. It was stated that the Police Department is in complete agreement with the Fire Department. Mr. Hay asked Mr. Brashear who would pay for the turn around. Mr. Brashear stated that the City would pay for the entire turn around unless it was a condition of the approval of the plat that Rose- Hill Builders pay for it. Mr. Hay stated that the Planning Commission as a whole had gone over to this area and that he believed that a house would have to be moved and the turn around is within three feet of a man's garage. It was also stated by Mr. Hay that originally this area was to be called Grandon Woods Subdivision, No. 2 and at that time the subdivider was told that all six streets would have to be opened or the plat would not be approv- ed. The people in Bonaparte Gardens were told this by the City Council and it was Mr. Hay's opinion that they could not go along with any- thing but that. Mr. Cornetet, 9107 Melvin, did not have anything further to add. A representative of Grandon Woods Subdivision stated that they would go along with opening two or three streets and that he did not see where it was good planning to have an intersection at every 4th house. Also stated that he did not consider Aerial ladder trucks necessary. Chief Roberts stated that in their future planning the Fire Department intended to purchase five or six Aerial ladder trucks and it was not possible for them to turn in a cul-de-sac. Mr. Ettenheimer stated that a turn around is not a dead end street and that to have seven streets in this half mile , area is not good planning. This would make Grandon the same as Joy Road. It was also stated that they would be willing to give 30' all the way across instead of 20' and he maintained that a piece of fire equipment can turn in a 50' radius. Chief Roberts stated that their concern was the blocking of streets and that their only means of getting in there is from one direction. 1[0 Mr. Brashear stated that the turn around is not entirely on the Rose Hill 287 property and that the City would have to condemn property in order to get the area needed. The only reason that can be given for con- demnation is that this is a private enterprise. Mr. Cornetet asked Mr. Ettenheimer how much concrete in the turn around. Mr. Ettenheimer stated about 301. Chief Roberts maintained that some of the fire equipment could not turn around on 301 on concrete. Walter Raven stated that the resolution of the City Council regarding Cathedral should stand. Ift..Hay asked Mr. Ettenheimer if his company was ready to open the streets. Mr. Ettenheimer stated that they will leave the land as acreage and that they will never open all the streets. Vice-Chairman H. Paul Harsha took the Chair. Upon a motion duly made by Mr. Hay and seconded by Mr. Geer, it was RESOLVED, that the propoeed 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, be denied, and FURTHER RESOLVED, that in the future if J. Ziegler Woods Sub- division, No. 2 or any other proposed subdivision in this area comes up for action that the residents of Bonaparte Gardens Subdivision adjoining Cathedral Avenue be notified. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Conway, Jahn, Geer, Hay, Harsha and Salinas NAYS: Greene The Chairman declared the foregoing resolution adopted. Chairman Dallas Hay took the Chair. The next item on the agenda was thePearl Wilson Subdivision located in the south 1/2 of Section 36. This subdivision was given tentative approval by the Planning Commission on 11/17/53. There is a discrepancy between the plat given tentative approval by the Planning Commission and the plat submitted to the Building Department. Mr. Wilson will not issue a building permit until the Planning Commission makes a statement that the plat is the same as the one given tentative approval. Mr. Lewis stated that they did not previously have a boundary survey and that this revised plat is mathematically correct whereas the first was not. 289 Mr. Middlewood stated that the size of lots on the revised plat do not agree with the one that was given tentative approval by the Planning Commission but that they do conform with the Zoning Ordinance. Upon a motion duly made by Mr. Newton, seconded by Mr. Conway, and unanimously carried, it was RESOLVED, that the Pearl Wilson Subdivision be tabled temporarily for further study by Mr. Waring. The Chairman declared the foregoing resolution adopted. The next item on the agenda was the David Kay Subdivision located in a part of the Southeast 1/4 of Section 24, north of Schoolcraft and west of Inkster Road. Although a letter was written to Mr. FitzGerald re- questing that he or a representative be present at this meeting, no one was present. Upon a motion duly made by Mr. Salinas, seconded by Mr. Conway, and unanimously carried, it was RESOLVED, that the David Kay Subdivision located in a part of the Southeast 1/4 of Section 24, north of Schoolcraft and west of Inkster Roads, be denied without prejudice. The Chairman declared the foregoing resolution adopted. A 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 was next on the agenda. Mr. Orr was present. Mr. Jahn asked what was going to happen to the property on Five Mile Road. Mr. Orr stated that it was to be zoned Commercial fronting Five Mile Road from Merriman east approximately half the distance to Henry Ruff Road. It was confirmed by Mr. Jahn that this property is already C-2. There was a lenghty discussion regarding the staggering of lots as shown on the plat. The secretary read the recommendation of Waring and Johnson wherein they made several suggestions. Mr. Jahn asked what had happened to the meeting between Mr. Orr and Mr. Waring. Mr. Waring stated that they had had a discussion over the telephone only and have never met with the F.H.A. Upon a motion duly made by Mr. Jahn, seconded by Mr. Conway, and unanimously carried, it was 291 RESOLVED, that 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 be tabled until February 16, 1954 and it is suggested that Mr. Orr and Mr. Waring personally meet and if so desired the F.H.A. be notified of this meeting. The Chairman declared the foregoing resolution adopted. The Chairman called a recess at approximately 9:30 p.m. The Chairman called the meeting to order at approximately 9:45 p.m. The next item on the agenda was tie 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 not present although he had requested that this subdivision be presented at this meeting instead of February 16, 1954. There was a brief discussion regarding an opening on Wayne Road in this subdivision. Upon a motion duly made by Mr. Jahn, seconded by Mr. Newton, and unanimously carried, it was RESOLVED, that the 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, be tabled until February 16, 1954. The Chairman declared the foregoing resolution adopted. Mr. Waring had completed his study of the revised Pearl Wilson Sub— division comparing it with the one given tentative approval by the Planning Commission and stated that it meets all requirements and recommended that it be approved. Mr. Jahn asked Mr. Lewis what was going to happen to the black dirt that was piled. Mr. Lewis stated that it had been piled and that they intend to defi— nitely use it. Mr. Middlewood stated that as far as he knew the dirt had been removed from the back five acres. Mr. Waring stated that the amount of top soil is getting less and less in Livonia and it is getting to a point where it must be conserved. Mr. Lewis stated that on the revised plat he had gained one lot due to the results of the boundary survey and the plat not being mathematically correct. 293 Upon a motion duly made by Mr. Salinas, seconded by Mr. Conway, and unanimously carried, it was • RESOLVED, that the revised Pearl Wilson Subdivision located in the south 1/2 of Section 36 be given tentative approval subject to the back lot line of Lot 256 being increased ten feet to a total of 19.66 feet and such plat is identified by the signature of the secretary of the Planning Commission. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Newton, seconded by Mr. Conway, and unanimously carried, it was RESOLVED, that a copy of the tentatively approved Pearl Wilson Subdivision plat be forwarded to the Bureau of Inspection. The Chairman declared the foregoing resolution adopted. The next item on the agenda was Petition Z-40 by Mervin K. Grosberg requesting to change the classification of Lots 98 to 102 inclusive of Argonne Annex Subdivision located on the east side of Deering Street immediately south of Hamlin Court in the Northeast 1/4 of Section 1 from RUFB to P. Mr. Grosberg was present. The secretary read the recommendation of Waring and Johnson. Mr. Grosberg stated that he had checked the restrictions and nothing prevents this being changed to P, and that he would be happy to follow any of the suggestions made in Waring and Johnson's recommendations. No one was present objecting to this petition. Upon a motion duly made by Mr. Conway, seconde d by Mr. Salinas and unanimously carried, it was RESOLVED, that Petition Z-40 by Mervin K. Grosberg to change the classification of Lots 98 to 102 inclusive of Argonne Annex Sub- division located on the east side of Deering Street immediately south of Hamlin Court in the Northeast 1/4 of Section 1 from RUFB to P be granted subject to the recommendations of Waring and Johnson dated 12/8/53. The Chairman declared the foregoing resolution adopted. Petition Z-41, Ralph A. and Kathleen C. Westlake requesting to change the classification of Lots 1 to 6 inclusive of Grayton Highway Sub- division located on the corner of Graytona Avenue and Farmington Road and approximately 107 feet north of C & ) Railway in the Northeast 1/4 of Section 28 from RUFB to M-1 was next on the agenda. If: The secretary read the letter from the City Clerk referring Petition Z-41 back to the Planning Commission for re-consideration. 295 The secretary read the letter from Wm. Brashear, City Attorney regarding his opinion as to whether or not it is necessary to notify by mAi.l persons living near property involved in a proposed change of zoning of the hearing on such proposed change. Mr. E. Marcotte stated that he objected to changing the zoning to any- thing by residential. Mr. M. Hughes, 13741 Farmington stated that he already knew what was going to be done with Schoolcraft and Plymouth Roads and in his opinion Farmington will be the main road in the city. Furthermore, there is enough M-1 available at this time, and he does not see why there should be any more in this area. Mr. Schram, 13452 Surrey stated that he does not want to see M-1 so close to his home. Mr. Ponder stated that the reason for this change is that Dr. Purvis wants to establish a Veterinarian Hospital and intends to live in the house on the property. There was no objection at the public hearing nor at the City Council's meeting 12/28/53. On 1/9/54 the transaction was closed on this property by Mr. Barrows who purchased it for Dr. Purvis for the hospital. The Building Department has issued a permit to Dr. Purvis enabling him to make improvements to operate a hospital. On 1/11/54 there was another meeting of the City Council 3 and a petition objecting to Petition Z-41 was submitted. Mr. Ponder stated that Mr. Barrows had closed the transaction in good faith after Petition Z-41 had been granted and that the Planning Commission should hold to its previous resolution. Mr. Hay asked how much land was involved and Mr. Ponder stated that there were seven lots. The property is about 150 yards to the Dog Pond and not far from the Department of Public Works. The only reason the land wasn't zoned M-1 when the Zoning Ordinance went into effect was because of the house on the property. Mr. Waring stated that there are two types of practices of a Veterinarian (1) small pets like dogs, cats, etc., and (2) farm animals and stock. In other communities it has been found that it is better to have Veterinarian Hospitals in a M-1 district. Mr. Jahn asked if there would be any objection to the Veterinarian Hospital if the doctor had just the small animal practice. He also asked if Dr. Purvis would be having any kennels. Mr. Marcotte stated that the people wanted homes and that Mr. Barrows has the right to reclaim his money. Mr. Barrows stated that the property was selected because it is well located for the business conducted and there was a house that would be suitable for Dr. Purvis's wife and family. Dr. Purvis would have com- partments in the house and there would be no outside kennels, sale of Gam+ wr _ „ dogs, cats, etc., or breeding. Mr. Ballert, 11405 Cranston formally with the Chicago Planning Commission stated that he thought the surrounding land should be considered as part of the problem. Mr. Hughes stated that he objected to the M-1 and that another class- ification would be agreeable with him. Mr. Barrows stated that he was willing to have any other zoning class- ification as long as a Veterinarian Hospital is permitted. Mr. Schram stated that his main objection was the M-1 zoning change. Upon a motion duly made by Mr. Conway, seconded by Mr. Newton and unanimously carried, it was RESOLVED, that the City Planning Commission on its own motion and pursuant to Section 20.01 of the Zoning Ordinance does hereby call a public hearing on February 16, 1954 to consider the question whether or not Section 11.02 of the Zoning Ordinance should be amended by adding thereto the following subsection: (m) Office of the veterinary and animal clinic dealing with small pets such as dogs, cats, and similar animals, with the approval of the City Planning Commission. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Newton, seconded by Mr. Conway and unanimously carried, it was RESOLVED, that the City Planning Commission on re-consideration of Petition Z-41, Ralph A. and Kathleen C. Westlake and after hearing the petitioner as well as neighboring residents do here- by recommend to the City Council that the zoning classification of the property described in such petition be changed from RUFB to C-2 and does hereby amend its previous report and recommendation accordingly. The Chairman declared the foregoing resolution adopted. The Chairman called a recess at approximately 11:05 p.m. The Chairman called the meeting to order at approximately 11:25 p.m. The next item on the agenda was the petition of R. L. Krewson (ed“) requesting to remove fill sand on a parcel located approximately 1,650 feet south of Eight Mile Road and approximately 400 feet west of Angling Road in the Northeast 1/4 of Section 1. Mr. Krewson was present. Mr. Jahn stated that he was in favor of this petition as it is sand and not top soil. fV fi 3 Mr. Neilson was present and stated that he was also in favor of this petition. Upon a motion duly made by Mr. Conway, seconded by Mr. Jahn and unanimously carried, it was RESOLVED, that the petition of R. L. Krewson (ndn) to remove fill sand on parcel located approximately 1,650 feet south of Eight Mile Road and approximately 400 feet west of Angling Road in the Northeast 1/4 of Section 1, be granted, and FURTHER RESOLVED, that a performance bond be fixed at $1,000 and it is recommendated to the Bureau of Inspection that a permit be issued to this effect. The Chairman declared the foregoing resolution adopted. There was an open discussion of the petition of George Cummins (nbn) to remove a stock pile of top soil from parcel containing 30.22 acres, approximately 1,900 feet east of Levan Road and between Schoolcraft and Five Mile Roads in the Southwest 1/4 of Section 20. The attorney representing George Cummins stated that at the time this petition was presented earlier this evening he was not present and that he would like to make a statement. This top soil was piled before the Zoning Ordinance went into effect. Mr. Cummins has until July to remove the top soil from the land. The top is not frozen and he can be working on it at this time of year. Mr. Harsha stated that he would be willing to go along with Mr. Cummins if the top soil was piled before the Zoning Ordinance went into effect. Mr. Jahn stated that if the original purchase agreement is dated before the Zoning Ordinance went into effect he will agree to the top soil being removed. Mr. Conway and Mr. Greene agreed to withdraw their previous resolution that denied this petition. Upon a motion duly made by Mr. Newton, seconded by Mr. Conway and unanimously carried, it was RESOLVED, that the petition of George Cummins (nbn) to remove a stock pile of top soil from parcel containing 30.22 acres, approximately 1,900 feet east of Levan Road and between School— craft and Five Mile Roads in the Southwest 1/4 of Section 20 be granted subject to the following conditions: (1) The date on the original agreement is to be prior to the time the Zoning Ordinance went into effect. (2) The land is to stay at the natural grade level, and 301 FURTHER RESOLVED, that a cash 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. There was also an open discussion of petition of George Cummins ("a") requesting to remove top soil from a parcel containing 6.86 acres located between Merriman and Middlebelt Roads and between Plymouth and C & 0 Railway in the Southwest 1/4 of Section 26. It was agreed by the Commission as a whole that the resolution to deny this petition stand. Mr. Harsha left the meeting at approximately 12:00 p.m. Upon a motion duly made by Mr. Salinas, seconded by Mr. Newton and unanimously carried, it was RESOLVED, that the resolution adopted by the City Planning Commission on December 15, 1953 adopting Part V of the Master Plan of the City of Livonia be and hereby is amended to read as follows: RESOLVED, that pursuant to the provisions of Section 6,7, and 8 of Act 285, Public Acts of Miching of 1931, as amended, the City Planning Commission of the City of Livonia, having duly held a public hearing on Part V of the Master Plan of the City of Livonia, entitled "Master School and Park Plan of the City of Livonia,'' including sites identified therein as numbers: la, lb, lc, 2a, 2b, 2p1, 2p2, 3, 4, 4p, 5, 6, 7, 8, 9, 10, 10a, 11, 12, 13, 14a, 14b, 14p1, 14p2, 15, 16, 17, 18, 19, 20, 20p, 21, 21a, 22a, 22b, 22p, 23, 24, 25, 31, 31a, 33, 34, 34a, 34b, 34p1, 34p2 35, and 36, on December 15, 1953, and having given proper notice of such hearing as required by said Act 285, does hereby adopt said Part V as part of the Master Plan of such city; that reference is expressly made to the map containing descriptive and other matter intended by such commission to form a part of such Master Plan, which map was prepared by Waring and Johnson, Planning Con- sultants, and is on file in the office of the City Clerk and in the office of such Commission; that this resolution shall be re- corded on such map by the identifying signatures of the Chairman and Secretary of the Commission; that an attested copy of said Part V shall be certified to the City Council and to the Register of Deeds of the County of Wayne; and that the following certification shall appear on said Part V: "We certify that the foregoing resolution was duly adopted at a meeting of the City Planning Commission held December 15, 1953, by the unanimous affirmative vote of all members present at such meeting." Te Chairman declared the foregoing resolution adopted. I[: The secretary read a letter dated 12/18/53 from E. C. Crandell, Minister 303 518f of Kenwood Churdh of Christ asking the assurance of the Planning Commission that they will be able to build their proposed building. There was a discussion as to whether or not to consider this a petition. Upon a motion duly made by Mr. Newton, seconded by Mr. Jahn and unanimously carried, it was RESOLVED, that the letter dated 12/18/53 from E. C. Crandell, Minister of the Kenwood Church of Christ be referred to the City Attorney for his opinion as to whether or not this is a legel petition. The Chairman declared the foregoing resolution adopted. The secretary read a letter dated 1/12/54 from the Traffic Commission requesting that their two special committees be granted a hearing from the Planning Commission as soon as possible. Upon a motion duly made by Mr. Greene, seconded by Mr. Jahn and unanimously carried, it was RESOLVED, that the Traffic Commission and the Police Department be notified that after the Public Hearing, 2/23/54 the matter of no angle parking, under-passes, and over-passes will be discussed. The Chairman declared the foregoing resolution adopted. The secretary read a letter dated 1/18/54 from Mayor Ziegler directed to the Regional Planning Commission stating that Mr. Dallas Hay and Mr. H. Paul Harsha have been appointed by the City of Livonia as delegates to the Northwest Wayne Development Council No. 8. The secretary read a letter dated 1/6/54 from Donald Wilson, Chief Inspector directed to Edward Rose and Sons stating that the proposed buildings on thirteen of the lots in the tentative plat of Edward Rose Chicago Subdivision have insufficient rear yards. Mr. Middlewood stated that they are running into difficulty putting garages on pie-shaped lots. Upon a motion duly made by Mr. Newton, seconded by Mr. Jahn and unanimously carried, it was RESOLVED, that the letter dated 1/6/54 from the Building Department be brought up on all future plats considered and that a copy of this letter be sent to Mr. Waring of Waring and Johnson. IL: The Chairman declared the foregoing resolution adopted. 305 970 There was a discussion regarding fences and the permit that is re- quired. Upon a motion duly made by Mr. Jahn, seconded by Mr. Conway and unanimously carried, it was RESOLVED, that the matter of fences be put on the agenda of the next meeting, 2/16/54. The Chairman declared the foregoing resolution adopted. Upon a motion duly made, seconded, and unanimously carried, it was RESOLVED, that this meeting be adjourned. At approximately 12:55 a.m. the Chair declared the meeting adjourned. Rufino alinas, Secretary ATTESTED: Dallas F. Hay, Chairman H. Taul Harsh Vice Chairman