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HomeMy WebLinkAboutPLANNING MINUTES 1954-04-13 K MINUTES OF A PUBLIC HEARING AND THE FORTY-NINTH SPECIAL MEETING OF THE CITY PLANNING COMMISSION A Public Hearing and the 49th Special Meeting of the City Planning Commission were held on Tuesday, April 13, 1954 at the City Hall, Livonia, Michigan. Chairman Dallas F. Hay called the Public Hearing to order at approximately 6:05 p.m. Members present: Robert L. Greene Irving Geer William Newton Edwin Conway H. Paul Harsha Rufino Salinas Dallas F. Hay Clarence Jahn Members absent: *Peter Ventura Mr. Herbert Herzberg, Asst. to Mr. Malcolm Waring, Planning Consultant; Mr. Max Koehler, Building Inspector; Mr. Howard Middlewood, Building Inspector and Mr. Russell Ashmore, City Attorney were present, together with approxi- mately 80 people attending the public hearing and the special meeting. The secretary read Petition No. Z-46 by Joseph F. Rousseau, et al asking that the zoning classification of Lot 759, Supervisor's Livonia Plat, No. 12 located on the South side of Ann Arbor Trail beginning about 131 feet from Newburg Road and extending 332 feet East with an approximate depth of 375 feet in the Northwest 1/4 of Section 32 be changed from RUFB to C-1. The West corner of Lot 759 is presently zoned C-1 for a width of 19 feet and for a depth of 150 feet. Mr. Joseph Rousseau and Miss Angeline Rousseau were present. Miss Rousseau stated that the property has been owned by her parents for about 36 years and that they now wish to do something with it. It is their intention to establish a professional office but as of tonight there are no definite plans available. They do intend to leave a green strip on either side of the building. Mr. Clarence Levandowski, 9400 Newburg Road was present and submitted a petition with 17 names of immediate neighbors opposed to the change of zon- ing in Petition No. Z-46. Mr. Levandowski stated tnat he bought his property with the intention of it being residential and that the surrounding area has already grown up residential. Mr. Conway asked how close the proposed change of zoning would be to his property. Mr. Levandowski stated that it would border his property, there is an open field on the other side, and a house on the other side of the road. Mr. Hay asked where the closest retail business was located to the property. Mr. Levandowski stated that the only local business is a store approximately 1,000 feet. Miss Rousseau stated that she would be willing to withdraw Petition No. Z-46 until such time as sufficient plans would be available. Mr. Levandowski stated that the majority of those who signed the petition approve a professional building. Five were present who signed the petition. Miss Rousseau stated that they were in no hurry to build, but that they could have plans available if the commission wished. Mr. Dwight Morris, 36900 E. Ann Arbor Trail was present and stated that he believed in professional buildings but in his opinion this is not the place for one. *Mr. Peter Ventura arrived at approximately 6:20 p.m. There was a lengthy discussion regarding change of zoning for use and change of zoning for the zoning. Upon a motion duly made by Mr. Harsha, and seconded by Mr. Newton, it was RESOLVED, that Petition No. Z-46 by Joseph Rousseau, et al asking that the zoning classification of Lot 759, Supervisor's Livonia Plat, No. 12 located on the South side of Ann Arbor Trail beginn- ing about 131 feet from Newburg Road and extending 332 feet East with an approximate depth of 375 feet in the Northwest 1/4 of Section 32 be changed from RUFB to C-1, be tabled until May 16 in order to give the petitioner an opportunity to present more definite plans. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Conway, Jahn, Greene, Geer, Harsha, Hay and Salinas NAYS: None NOT VOTING: Ventura The secretary read Petition No. Z-47 by Angeline Rousseau asking that the zoning classification of Parcel S2a located on the Southeast corner of U.S. 12 and Plymouth Road in the Northwest 1/4 of Section 32 be changed from RUFB to C-2. The secretary also read the recommendation of Waring and Johnson dated March 24, 1954 and the letter from Chief Calvin Roberts, Livonia Fire Department dated April E3, 1954. Miss Rousseau stated that if the blind street is cut through.it would take most of the C-2 frontage. It is their intention to establish a hotel or apartments, but the situation is similar to Petition No. Z-46 insofar as the plans are not available tonight. No one was present opposed to the petition. Upon a motion duly made by Mr. Newton, seconded by Mr. Conway and unanimously carried, it was RESOLVED, that Petition No. Z-47 by Angeline Rousseau asking that the zoning classification of Parcel S2a located on the Southeast corner of U.S. 12 and Plymouth Road in the Northwest 1/4 of Section 32 be changed from RUFB to C-2, be denied without prejudice because of the grade separation over Ann Arbor Road for East bound 395 traffic on Plymouth under consideration by the Traffic Commission, Police Department and the Wayne County Road Commission. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the petition of Harold Zucke for permission to construct a gasoline service station on Parcel A14 located on the South side of Plymouth Road approximately 750 feet West of Harrison Road in the Northwest 1/4 of Section 36. Six People signed a petition in favor of the gasoline station. The secretary read a letter dated April 12, 1954 from Oscar M. Gunderson, County Road Commission stating that it is their intention to maintain a right of way of 120 feet for Plymouth Road. Mr. Harold Zucke was present and stated that he had nothing further to add as the property is already zoned C-2. Stated that the property is directly across from the Hydramatic Plant. Mr. Ed Presnell, 213056 North Clements Circle, Zoning Committee (nine members on committee) Clements Circle Improvement Association (membership of approximately 375) was present and stated that the people within 500 feet of the petitioner's propertywere not notified. The Proof of Service was presented for inspection. Mr. Presnell stated that the association is not against business but they feel three gasoline stations are sufficient to the area and that another is not needed. Upon a motion duly made by Mr. Ventura and seconded by Mr. Greene, it was RESOLVED, that the petition of Harold Zucke for permission to construct a gasoline service station on Parcel Al4 located on the South side of Plymouth Road approximately 750 feet West of Harrison Road in the Northwest 1/4 of Section 36 be tabled until May 16, 1954 in order to give those opposed to the petition an opportunity to appear. A roll call vote on the foregoing resolution resulted in the following: AYES: Newton, Jahn, Ventura, Greene and Hay NAYS: Conway, Geer, Harsha and Salinas The secretary read the petition of Louis Garofalo for permission to erect a shelter for fruits and flowers on ;,ot 36, Livrance Estates Subdivision located on the West Side of Middlebelt Road approximately 350 feet South of Six Mile Road in the Northeast 1/4 of Section 14. The secretary also read a letter dated April 6, 1954 from Chief Calvin Roberts, Livonia Fire Depart- ment. Mr. Louis Garofalo was not present. Mr. Roy Sigman, 29435 Munger was present and submitted a petition of approximately 97 names opposed to the petition of Louis Garofalo. Mr. Sigman also showed the commission pictures of an open-air stand located on the corner of Six Mile Road and Middlebelt Road. 397 There were approximately 20 persons present opposed to the petition. A letter dated April 13, 1954 from the Bell Creek Improvement Association was submitted stating that the association objects to produce purchased wholesale and sold retail where there is a minimum of capital investment. Upon a motion duly made by Mr. Conway, seconded by Mr. Geer and unanimously carried, it was RESOLVED, that the petition of Louis Garofalo for permission to erect a shelter for fruits and flowers on Lot 36, Livrance Estates Subdivision located on the West side of Middlebelt Road approxi- mately 350 feet South of Six Mile Road in the Northeast 1/4 of Section 14, be denied. The Chairman declared the foregoing resolution adopted. The secretary read the petition of the National Bank of Detroit for permission to erect temporary signs 11' - 60 X 251 to identify project during construction period on Lots 244 through 253, Rosedale Gardens Subdivision, No. 1 having a frontage of 200 feet on the South side of Plymouth Road directly West of Cranston Avenue in the Northeast 1/4 of Section 34 and on Lot 1 through 9, Assessor's Plat Argonne State Subdivision having a frontage of 190 feet on the South side of Grand River Avenue approximately 40 feet West of Antago Avenue in the Northeast 1/4 of Section 1. Mr. Frederick B. Robinson, Assistant Vice President in charge of Buildings Department was present. No one was present opposed to the petition. Upon a motion duly made by Mr. Greene, seconded by Mr. Harsha and unanimously carried, it was RESOLVED, that the petition of National Bank of Detroit for permission to erect temporary signs 11' - 6“ X 25' to identify projects during construction period on Lots 1 through 9, Assessor's Plat Argonne State Subdivision having a frontage on the South side of Grand River Avenue of 190 feet approximately 40 feet West of Antago Avenue in the Northeast 1/4 of Section 1 and on Lots 244 through 253, Rosedale Gardens Subdivision, No. 1 having a frontage of 200 feet on the South side of Plymouth Road directly West of Cranston Avenue in the Northeast 1/4 of Section 34, be granted for a period of eight (8) months from issuance date of permit. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was application of Norris A. Host, Wolverine Contractors, Inc. (h) for a permit to remove sand from Parcel F4H having a frontage of 650 feet on the South side of School- craft approximately 2,525 feet West of Stark Road in the Northwest 1/4 of Section 28. Approval withheld by D.P.W. and Police Department pending receipt of survey from the applicant. 39 7 No one was present opposed to the petition. Mr. Jahn, Chairman of the Top Soil Committee stated that theyhave requested a land survey from the property owner just behind petitioner's property in order to ascertain whether petitioner's property is below or above grade. It was the committee's recommendation that a written report should be obtained from the D.P.W. and the City Engineer. A plat by George Jerome & Company showing elevation of finished grade in areas where sand is to be removed was submitted. It was suggested that the Wolverine Contractors, Inc. be prepared to state what they will do if the land is low. Upon a motion duly made by Mr. Jahn, seconded by Mr. Newton and unanimously carried, it was RESOLVED, that application (h) Norris A. Host, Wolverine Contractors, Inc. for a permit to remove sand from Parcel F4H having a frontage of 650 feet on the South side of Schoolcraft Road approximately 2,525 feet West of Stark Road in the Northwest 1/4 of Section 2b, be tabled until April 27, 1954, and FURTHER RESOLVED, that a written report be obtained from the D.P.W. and the City Engineer. Don Wilson, Chief Inspector arrived at approximately 9:10 p.m. The secretary announced that the next item on the agenda was the application of Sebastion J. Mancuso, Westfield Topsoil & Sand Company (i) for a permit to remove top soil from Parcels D1 and E located on the southeast corner of West Chicago and Middlebelt Roads in the Southwest 1/4 of Section 36. The application had been approved by the Police Department and the D.P.W. Mr. Frederick D. Bartholomew was present representing the Westfield Topsoil & Sand Company. Mr. Bartholomew stated that Durable Construction Company built 22 homes and that this top soil is surplus. A letter dated April 13 addressed to Mr. David Lewis, 17311 Wyoming, Detroit 21 from Hubbell, Roth & Clark, Inc. stating that the site grading is approximately 80% completed was submitted. Mr. Jahn, Chairman of the Top Soil Committee referred to the meeting January 19, 1954 when the Pearl Wilson Subdivision was presented to the commission as there was a discrepancy between the plat given tentative approval and the one submitted to the Inspection Department. At this meeting the commission asked Mr. Lewis what he intended to do with the black dirt piled. It was the commission's opinion that Mr. Lewis stated that he was going to use the dirt and that only the excess would be removed. Mr. Ventura brought out the fact that there were "lakes" in this area. Mr. David Lewis was present. Mr. Mancuso was present but did not appear before the commission. 401 Mr. Greene: "This is dirt that you are proposing to use....do you intend to sell it back to the home owners....people would have to buy back top soil that has been removed from their land." Mr. Lewis stated that anyone is free to buy the dirt. Mr. Verl Lahs, 9195 Deering, was present and objected to the removal of this top soil because he felt that the home owners should have their own dirt back. If there is a surplus after this then it could be sold. Mr. Harsha: "Does seem to me that all of us who built homes out here have the same problem....there use to be good top soil....take dirt out and haul it away... it woula cost the contractors little to stock pile same top soil with bulldozers and then spread it back." Mr. Alex West, 13781 Merriman, was present and stated that he agreed with Mr. Harsha and that he and people in the community recommend to the commission that they table this petition until something could be done to prevent the removal of top soil from any parcel of land in Livonia. Mr. Bertrum Johnson, 26701 West Chicago Blvd. was present and questioned the petitioner about the Hanley Drain. A lenghty discussion ensued. Upon a motion duly made by Mr. Greene, seconded by Mr. Geer and unanimously carried, it was RESOLVED, that the application of Sebastion J. Mancuso, W stfield Topsoil & Sand Company (i) for a permit to remove top soil from Parcels D1 and E located on the Southeast corner of West Chicago and Middlebelt Roads in the Southwest 1/4 of Section 36, be denied. the Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the application of Frank Turcott (j) for a permit to remove sand from Parcels EE1 and EE2 having a Combined frontage of 600 feet on the North side of Schoolcraft approximately 500 feet West of Merriman Road in the Southeast 1/4 of Section 22. Mr. Turcott was present. This application had been approved by the D.P.W. subject to restriction that no sand be removed below a grade one foot above centerline of west- bound lane of Schoolcraft Road. The Police Department approved this application. Mr. Jahn, Chairman of the Top Soil Committee stated that the small hill could be brought down to the East of hill where there is a "swamp". Mr. Turcott stated that the hill belongs to one man and the swamp is on an- other manes property. Mr. George Trinka, 31530 Schoolcraft was present and stated that sand and everything available was removed before the Zoning Ordinance and that now it is just a breeding place for bugs. Recommended that the commission deny this petition. 400 Mr. West, 13781 Merriman stated that he feels the same about this application as he did the Westfield Topsoil & Sand Company's application. There were approximately eight present opposed to this application. Upon a motion duly made by Mr. Jahn, seconded by Mr. Greene and unanimously carried, it was RESOLVED, that the application of Frank Turcott (j) for a permit to remove sand from Parcels EE1 and EE2 having a combined frontage of 800 feet on the North side of Schoolcraft approximately 500 feet West of Merriman Road in the Southeast 1/4 of Section 22, be denied. The Chairman declared the foregoing resolution adopted. The Chairman called a recess at approximately 9:40 p.m. The Chairman called the 49th Special Meeting to order at approximately 9:50 p.m.. The secretary announced that the first item on the agenda was Petition No. V-3 by Rev. John Davies, Minister, St. Paul's Presbyterian Church of Livonia asking that the first 20 foot alley situated South of Five Mile Road between Arcola and Cavell Streets in the Northeast 1/4 of Section 24, be vacated. Mr. Sipson, Livonia Commercial Manager, Bell Telephone Company called the secretary in the afternoon and stated that the company agrees to waive all costs incurred in removing existing plant from the alley. A letter to this effect was not obtained. Upon a motion duly made by Mr. Conway, seconded by Mr. Newton and unanimously carried, it was RESOLVED, that the City Planning Commission on consideration of Petition No. V-3 by Rev. John G. Davies, St. Paul's Presbyterian Church of Livonia do hereby recommend to the City Council that the first 20 foot alley situated South of Five Mile Road between Arcola and Cavell Streets in the Northeast 1/4 of Section 24, be vacated. The Chairman declared the foregoing resolution adopted. POST MEETING NOTE: A letter dated April 13, 1954 from Mr. D. A. Sipson, $ell Telephone Company agreeing to waive all costs incurred in removing existing plant from the alley was received April 14, 1954. The secretary announced that the next item on the agenda was the Gordon & Scheurman Subdivision located on the Southeast corner of Seven Mile Road and Gill Road and approximately BOO feet West of Stamford Avenue in the Northeast 1/4 of Section 9. Mr. Joseph Goldferb and Mr. Gordon were present. The secretary read letters dated April 9, 1954 from the Board of Education and April 12, 1954 from the Park and Recreation Department stating that they 405 do not plan to purchase the designated site in Section 9 lying in the Northeast corner of Gill and Curtis Roads and that they wish to release the land for other use. The secretary also read a letter from Donald Wilson E • Chief Inspector dated April 13, 1954 drawing to the commission's attention that the lots on Seven Mile Road face the thoroughfare while lots of the Hel- man Park Subdivision have their side yards on Seven Mile Road. Mr. Ray Andrews, 18660 Laurel was present wishing to know who will pay for the paving of Gill Road if it is cut through. Mr. Andrews stated that the subdivision restrictions prevent him from building on the back of his lot although he will have to share the cost of paving if Gill Road is cut through. Mr. Goldferb asked for approval of just the East and West side of Southampton Road. Upon a motion duly made by Mr. Newton, seconded by Mr. Ventura and unanimously carried, it was RESOLVED, that the part of the plat of Gordon & Scheurman Sub- division and Gordon & Scheurman Subdivision, No. 1 described as being located South of Seven Mile Road approximately 130 feet East of Gill Road and approximately 800 feet West of Stamford Avenue in the Northeast 1/4 of Section 9, which plat is identified by the signatures of the Secretary and the Chairman of the City Planning Commission, is hereby tentatively approved. The Chairman declared the foregoing resolution adopted. The next item on the agenda was the Devonshire Park Subdivision located North of West Chicago and West of Henry Ruff in the Northwest 1/4 of Section 35. Mr. Henry Alper was present. The plat given tentative approval by the City Planning Commission March 16, 1954 is not the same as the one dated April 7, 1954 as per the letter dated April 13, 1954 from Donald Wilson, Chief Inspector. Mr. Henry Alper stated that in the plat dated April 7, 1954 they lost two lots. It was noted by the commission that the dimensions were not shown on all lots and streets. Mr. Ventura stated that the commission is now holding up another plat that does not have lot dimensions on it and he and Mr. Harsha are on the committee studying the plat. Upon a motion duly made by Mr. Newton, seconded by Mr. Greene and unanimously carried, it was RESOLVED, that the Devonshire Park Subdivision located North of West Chicago and West of Henry Ruff Road in the Northwest 1/4 of Section 35 be tabled until April 20, 1954 at which time all 407 measurements and other changes to conform should be clearly marked on the plat. The Chairman declared the foregoing resolution adopted. Mr. Hoffman, Sheldon Land Company was present requesting an opinion on the street names of Rosedale Gardens Subdivision located in the South 1/2 of Section 34. All streets do not run North and South and East and Wst. *Mr. Clarence Jahn left the meeting at approximately 10:30 p.m. Mr. Salinas offered to take the plat to The Detroit Edison Company and obtain an opinion from them. Upon a motion duly made by Mr. Harsha, seconded by Mr. Greene and unanimously carried, it was RESOLVED, that the matter of street names in the Rosedale Gardens Subdivision located South 1/2 of Section 34 be tabled until April 20, 1954 in order to give Mr. Salinas an opportunity to obtain an opinion from The Detroit Edison Company. The Chairman declared the foregoing resolution adopted. Mr. Hay presented an application for a temporary sign 48 square feet from Bill Brown, Inc. :x It was determined by the commission that this petition would have to have a Public Hearing. Upon a motion duly made by Mr. Ventura, seconded by Mr. Newton and unanimously carried, it was RESOLVED, that the petition of Bill Brown, Inc. for permit to erect a temporary sign 48 square feet be presented at the next Public Hearing, May 11, 1954. The Chairman declared the foregoing resolution adopted. POST MEETING NOTE: Mr. Walter T. Hall withdrew the petition for a temporary sign April 14, 1954. Mr. Ashmore suggested that something come from the City Planning Commission within 15 or 20 days regarding top soil removal. Mr. Ventura suggested that the commission adopt a resolution that builders be required to put back at least four inches of top soil. Mr. Ashmore offered to obtain a copy of Dearbornts Zoning Ordinance in which they have such an ordinance as suggested by Mr. Ventura. Believed it also gave an analysis of top soil. The commission asked Mr. Ashmore how they could establish a ruling whereby the 55 foot and 60 foot stated in the Building Code would refer to the lot line or the building line. 409 Mr. Ashmore stated that he would not give any „curb stone" opinions but that he would be glad to give an opinion in writing. Also informed the commission that if they wished his opinion that they would have to give him at least three days notice in writing. Mr. Harsha and Mr. Ventura presented the Edward Rose Chicago Subdivision and what they as a committee had ascertained regarding the lot lines. Mr. Hay suggested a compromise between the 35 foot and the 55 foot and that a cul-de-sac should be 45 feet at the lot line. Mr. Greene stated that 45 feet might increase the size of lot and the builder could not afford to do this. Mr. Geer suggested that the subdivider show where the 55 foot or 60 foot line would come on the plat. Upon a motion duly made by Mr. Newton, seconded by Mr. Salinas and unanimously carried, it was RESOLVED, that the meeting be adjourned. At approximately 11:15 p.m. the Chairman declared the meeting adjourned. ,. I L-60) 'u i�• Salinas, Secretary ATTESTED: Dallas F. Hay, Chai A"'