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HomeMy WebLinkAboutPLANNING MINUTES 1956-10-09 40 1469 MINUTES OF A PUBLIC HEARING OF THE CITY PLANNING COMMISSION On October 9, 1956 the above meeting was held by the City Planning Commission of the City of Livonia at the City Hall, 33001 Five Mile Road, Livonia, Michigan. Chairman William R. Robinson called the Public Hearing to order at approximately 8:09 p.m. Fred A. Lotz presided as secretary protein in the absence of Rober L. Miller. Members present: Daniel Lepo Karle Steinhoff William R. Robinson Robert L. Greene * H. Paul Harsha Fred A. Lotz Members absent: Robert L. Miller Leonard Kane Charles Walker Charles Pinto, Asst. City Attorney and Lieutenant Bob Perry, Livonia Fire Department were present together with approximately 15 interested residents attending the Public Hearing. The secretary announced that the first item on the agenda was the pro- posed Rainbow Park Subdivision located on the North side of Joy Road between Stonehouse Avenue and Newburg Road in the Southeast 1/4 of Section 31. Messrs. Ira Spoon and James H. Salle were present. Mr. Spoon submitted revised plat of proposed subdivision as requested by Commission. Recalled conversation September 18, 1956, about open- ing Morley Avenue so that there would be right-of-way to the adjoining property to the North. Have indicated that on revised plat although it was not one of the points mentioned in Resolution No. 9-337-56. Sent one of their representatives to contact owner of property to the North for possible acquisition of additional property so that Stonehouse Avenue could be cut through to Minton Road. Informed that it is not possible to purchase strip but it is possible to pur- chase entire plot of ground. Did not think residents would be hurt by not cutting Stonehouse through. Whoever plats area in the future will have to provide that dedication. Found by fronting all lots on Newburg Road it would crowd number of lots possible on Newburg and that it wouldn't be good planning. Also discussed it with F.H.A. and it was their suggestion that an attempt be made to eliminate fronting lots on Newburg. Have provided a minimum of 25' side yard set back on those houses siding on Newburg Road. Compared existing set backs on Newburg Road with proposed set backs on West side of road and it is their opinion that they have provided better buffer than is pre- sently provided. Mr. Steinhoff stated if and when Newburg Road is widened to its full width, the two houses with 68' and 70' set backs will have to be moved. Did not think Commission should take these existing houses into consi- de"ration. Mr. Robinson stated he did not think houses would have to be moved. 416 1-.3 Mr. Steinhoff stated if road is widened they will have only 8' set back whereas 25' set back is required by ordinance. Mr. Robinson stated that they will then be non-conforming. Mr. Spoon stated owners have sufficient room to set their houses back. Have not control over that. Mr. Robinson stated more consideration should be given to Lot 78 and the existing set back North of proposed lot. Mr. Spoon stated Lot 78 is 75' wide. Will provide 25' side yard set back. Another 10' set back will not be a big help. A set back of 130' is not a reasonable set back. Mr. Lepo questioned size of Lot 161. Mr. Salle stated plan was drawn by Waring and Johnson. Assured Commission that from an engineering viewpoint all lots will meet City requirements. Mr. Harsha stated he thought the lot correct size. Way it is drawn there is 10' rather than 5' on the back. Lot would have to be changed if it is undersized. Mr. Robinson stated there is sufficient area in the adjoining lot to pro- vide minimum area. Mr. T. J. Horgan, 9620 Arden, questioned type of house construction. Mr. Spoon stated homes will be brick veneer, full basement ranch type home selling from $16,500 to $18,000. Mr. Howard Middlewood, Building inspector, arrived at approximately 8:23 p.m. Mr. Steinhoff asked square footage of proposed houses. Mr. Spoon stated approximately 1,150 square feet. Upon a motion duly made by Mr. Lepo and seconded by Mr. Lotz, it was #10-344-56 RESOLVED that, inasmuch as proposed plat meets all minimum requirements and pursuant to a Public Hearing having been held September 18, 1956, the City Planning Commission does hereby give approval to preliminary plat of Rainbow Park Subdivision located on the North side of Joy Road between Stonehouse Avenue and Newburg Road in the Southeast 1/4 of Section 31 subject to: (1) Lot 161 being brought up to minimum square footage as required by Ordinance and (2) Lots 32, 78, ?9, 132, 133, 174 and 175 providing minimum of 25' set back, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Dept. , Superintendent of Schools, School Board President, Fire Department, Police Department, Parks and Recreation Dept. and Members of the Plat Committee. Mr. Robinson reminded Commissioners that they should give consideration to Stonehouse being extended to Minton. 417 1471 Mr. Harsha asked whether Stonehouse was opened and whether one can drive through this area. It was established by the plat book that a half-street (Stonehouse) is dedicated through to West Chicago Road. A roll call vote on Resolution No. 10-344-56 resulted in the following: AYES: Lepo, Greene, Steinhoff, Harsha, Robinson and Lotz NAYS: None The secretary read letter dated September 6, 1956, from Herald F. Hamill, Engineer, requesting approval of proposed Sinacola Subdivision located on the South side of Seven Mile Road approximately 175 feet East of Middlebelt Road in the Northwest 1/4 of Section 12. The secretary also read letters dated October 1, 1956 from Donald Wilson, Chief Inspector; dated October 2, 1956, from L. E. Schmidt, Supt. Clarenceville Public Schools; dated October 3, 1956 from Calvin Roberts, Chief Livonia Fire Department and dated October 9, 1956 from Acting Chief Francis J. Murphy, Livonia Police Department. Messrs. Sinacola and Herald Hamill were present. Mr. Greene asked use of Outlot as shown on proposed plat. Mr. Hamill stated it is the Armenian Home for the Aged. Mr. Lotz stated when Commission rezoned property (Petition No. Z-123) Commission requested petitioner clean up commercial lots. To date this has not been done and its been over a year. Mr. Lepo asked purpose of providing 8' greenbelt at rear of lots 5, 6, and 7. Mr. Robinson stated that lots are zoned C-2 and it is required by Ordinance. Mr. Robinson asked if Grimm Avenue will connect with existing street to the South. Mr. Hamill stated it would. Mr. Greene read portion of recommendation dated October 1, 1956 by Albe Munson, Planning Consultant regarding shallow depth of the C-2 lots that are left on Middlebelt Road. Mr. Robinson asked petitioner if there is anything he could do to remedy situation. Mr. Hamill stated petitioner does not own frontage on Middlebelt Road. Suggested zoning be changed on Lots 8 and 26 or whatever number of lots is necessary to provide more depth. Then owners of property on Middlebelt Road could purchase more land. Mr. John Faler, 29118 Clarita questioned easement shown at the rear of Lots 20 through 26. Mr. Robinson stated 6' easement is sufficient if there is a 6' easement on the adjoining property. Mr. Faler questioned whether it wouldn' t be wise to have entire ease- ment on petitioner' s property. Suggested Grimm Avenue not be cut through to Dardenella Avenue as shown. 418 .rte Mr. Robinson stated Commission allows cul-de-sacs provided they are not too long. Commission likes to see them but not as long as this one would be if Grimm Avenue was not cut through. Mr. Faler objected to Grimm Avenue being cut through as balance of neigh- borhood will not be benefited from a civic standpoint. Mr. Robinson stated he doubted whether proposed subdivision would en- courage traffic on Grimm Avenue South of proposed subdivision as they will have a paved street whereas existing Grimm is not paved. Mr. William Kohnke, 19020 Grimm, asked whether utility company will en- croach on his property with only 6' easement provided. Mr. Robinson stated definitely not and that utility company cannot. Mr. Kohnke asked about grade level. Mr. Middlewood stated petitioner will have to meet existing grade. Mr. Hamill stated formerly petitioner had Grimm Avenue sloping to the North but that, that would mean filling in and that slope has been reversed to the South now. There will not be any flow of water as there is a very good grade from Middlebelt Road East to the creek. All storm water will flow East down to the creek. Mr. Harold Barton, 29218 Clarita stated he faces Clarita and the flow of water comes from Seven Mile and Middlebelt Roads across his property. Mr. Robinson stated it will be drained on their easement. Mr. Barton asked whether they intend to pipe in the creek. Mr. Sinacola stated he had 240' from Seven Mile Road South. Mr. Greene stated he is still disturbed about use of excluded land along Middlebelt Road. Mr. Sinacola stated he tried to sell owner adjoining lot. Mr. Greene stated this is going to be blighted and dead area in the future. Wondered if owners realize this. Mr. Harsha stated stores could be built with parking on the side. Mr. Robinson asked Mr. Middlewood whether in his opinion 6' easement would be sufficient. Mr. Middlewood stated there would be no sewer, only utility poles. Mr. Robinson stated lots are 150' deep. Asked petitioner if it would be hardship to increase easement to 12' . Mr. Harsha stated it is only natural to expect that the adjoining property owners would gain something by easement and that they should dedicate other 6' . Mr. Lotz suggested easement be increased to 8' at least to give proper truck width. 4[19 1473 Mr. Harsha stated he has lived better than 30 years with a 6' easement in the rear of his yard and 6' on the adjoining property. Have never seen truck come in on the easement and they couldn' t get through even if they had to because of the fences. All equipment has been brought in from the road. Mr. Hamill stated he discussed this a number of years ago with an Edison man and he (Edison man) said that they would prefer fences being on the center of the easement. Mr. Lepo read from a booklet published by the Michigan Bell Telephone Company stating that a minimum easement should be 12' . Mr. Middlewood stated lots are deep enough whereby easement could be 12' . Upon a motion duly made by Mr. Greene, seconded by Mr. Steinhoff and unanimously carried, it was #10-345-56 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby give approval to preliminary plat of Sinacola Sub- division located on the South side of Seven Mile Rd. approximately 175 feet East of Middlebelt Road in the Northwest 1/4 of Section 12 because it meets all minimum requirements, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Superintendent of Schools, School Board President, Fire Department, Police Department, Parks and Recreation Department and Members of the Plat Committee. The Chairman declared the foregoing resolution adopted and called a recess at approximately 9:06 p.m. The Chairman called the Public Hearing to order at approximately 9:18 p.m. with all present as named at the beginning and course of meeting. The secretary read Petition M-26 dated September 6, 1956 from George Kolb, Beglinger Oldsmobile-Cadillac, Inc. requesting permission to erect a Flexiglas Beacon Used Car Sign 21'-3" above grade in an 18" base on Lots 6 and 7, Shaffmaster' s plymouth Riverside Estates Sub- division located on the Southeast corner of Plymouth Road and Raleigh Avenue in the Northwest 1/4 of Section 32. The Secretary read letter dated October 8, 1956 from Robert G. Campbell, Pres. , The Boyer- Campbell Company. Mr. George Kolb was present. Mr. Robinson stated there has been a question in the minds of the Commissioners as to whether this is a franchised dealership. Mr. Kolb stated they are licensed by the State of Michigan for that location. The new car dealership carries an "A" Class license. Also licensed by the City of Livonia. 420 0-3 Mr. Harsha asked location of new car dealership and whether petitioner has a new car salesroom in the City of Livonia. Mr. Kolb stated they do not have any new cars on the floor but do sell them. Mr. Steinhoff asked where the new cars are serviced after sale. Mr. Kolb stated at the dealership in Plymouth. Stated he became manager of dealership after it was in operation. Mr. Robinson stated this does appear to be a used car sales lot which is prohibited without approval of the City Planning Commission. Mr. Middlewood stated that on the application it states that use is a dealership. Mr. Harsha asked on what application. Mr. Middlewood stated he thought there was a building permit or something. To his knowledge it is a used car lot along with a new car dealership. Mr. Steinhoff stated in his opinion Commission has been by-passed and he doesn't know why. Mr. Pinto stated he has written an opinion but that he did not investi- gate the franchise question brought up by Mr. Robinson. Inquired of the Building Department and was told that the used car dealership re- ceived license for used car sales lot and that they had a certificate that they were in compliance with ordinance. If there is a question as to right of new car dealership operating in one city and a used car lot in another city, that will require more research. Mr. Robinson suggested matter be tabled for further information. Mr. Kolb stated they have an "A" class license and that it states on certificate that they have the right to deal in new as well as used cars. Mr. Greene asked whether certificate states where petitioner may operate. Mr. Kolb stated it does and that it states Plymouth and Livonia. Mr. Pinto asked whether license stated petitioner can operate on Plymouth Road. Mr. Kolb stated it does. Mr. Harsha stated question is whether or not petitioner can operate with- out first obtaining approval of the Commission. Mr. Kolb stated he has a permit from the City of Livonia. Mr. Robinson stated it is his opinion that permit was issued in error. Mr. Robinson stated he was told by Chief Inspector that this is an accessory use to the permitted use - new car dealership. Mr. Pinto stated used car lots as such are not specified anywhere in the Ordinance. Mr. Robinson asked Mr. Pinto whether he would consider this an open air sales. Mr. Pinto stated open air sales is cited in C-1 District which is local business. Read Subsection "c" Section 10.02, Zoning Ordinance No. 60 and stated that in his opinion a used car lot is general business permitted in a C-2 District. 421 1475 Mr. Steinhoff stated the requirement of a franchised dealership is that one must have so much stock and be able to furnish service where the sale is made. Mr. Lepo stated request is for a used car sign. Mr. Robinson suggested item be tabled until November 20, 1956, and that it be further discussed at the Study Meeting. Upon a motion duly made by Mr. Lotz, seconded by Mr. Steinhoff and unanimously carried, it was #10-346-56 RESOLVED that, Petition M-26 by George Kolb, Beglinger Oldsmobile-Cadillac, Inc. requesting permission to erect a Plexiglas Beacon Used Car Sign 21'-3" above grade in an 18" base on Lots 6 and 7, Shaffmaster's Plymouth Riverside Estates Subdivision located on the Southeast corner of Plymouth Road and Raleigh Avenue in the Northwest 1/4 of Section 32 be tabled until November 20, 1956 in order that Commission may discuss item further at the next Study Meeting. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Petition M-27 by J. W. Randall, LaVanway Sign Company requesting permission to erect a business identification sign 5' x 7' at the Ardmore Convales- cent at 19810 Farmington Road on Parcel 03K1 located on the East side of Farmington Road approximately 1,300 feet North of Haldane Avenue in the Southwest 1/4 of Section 3. The secretary read letters object- ing to petition from C. E. and Helen Hundertmark; Mr. and Mrs. Leonard Nordstrom and Albert and Martha Sarnowski. Dr. and Mrs. Robinson and Mr. Randall were present. Mr. Harsha asked height of sign above grade. Mr. Randall stated 12' would be sufficient and that sign will be an inside illuminated double faced sign. Mr. Steinhoff stated sign will have to be set back more than 60' . Mr. Randall stated sign can be set back any distance the commission desires. Mr. Harsha stated according to zoning map that convalescent home is located in RUF District. Dr. Robinson stated nearest house is located 100' to 200' from home. Stated he owns property on the one side of home. Mr. Robinson stated area is not a business district. Mr. Middlewood stated home was built as a residence and was zoned in 1942 as residential. At present, home is non-conforming and owner does not have a certificate to that affect. Dr. Robinson stated he has operated home for 12 years and that it was operated as a T. B. home before that. 422 Mrs. Luetta Batson, 19730 Farmington Road, stated a 5' x 7' sign is much too large for a residential section. Mrs. Bertha Gould, 19915 Farmington Road, stated she has lived in area since 1928. Have always had a real estate license and when husband died she continued business. Took down several of her signs and erected lamp post with small non-illuminating sign. Suggested sign 12" x 27" as being large enough. Stated Mr. and Mrs. Austin Grant were supposed to have written letter objecting to sign also. Mr. Lotz read Subsection "e" , Section 8.00, Zoning Ordinance, No. 60. Upon a motion duly made by Mr. Lotz and seconded by Mr. Lepo, it was #10-347-56 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby deny Petition M-27 by J. W. Randall, LaVanway Sign Company, requesting permission to erect a business identification sign 5' x 7' at the Ardmore Convalescent at 19810 Farmington Road on Parcel 03K1 located on the East side of Farmington Road approximately 1,300 feet North of Haldane Avenue in the Southwest 1/4 of Section 3, and FURTHER RESOLVED, notice of the above hearing was sent to the property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Greene referred to Subsection "e" , Section 8.00 Zoning Ordinance No. 60 and asked whether this qualifies it to these particular signs. Mr. Harsha suggested that petitioner's rezone land. Mr. Pinto asked whether it would be possible to send petitioners to Board of Appeals for a variance of the ordinance. Mr. Robinson stated he did not think it necessary that commission direct or suggest this to petitioners. Mr. Greene stated that before they apply for rezoning they should have non-conforming item straightened out. A roll call vote on Resolution No. 10-347-56 resulted in the following: AYES: Lepo, Greene, Steinhoff, Harsha, Robinson and Lotz NAYS: None Mr. Howard Middlewood left meeting at approximately 9:53 p.m. The secretary read Application TA-19 dated September 12, 1956, by D. J. Pitrone requesting renewal of Permit No. 31 which was issued by the Bureau of Inspection March 26, 1956, for removal of fill sand located on Parcel D9, D10 and Dll and situated on the North side of Six Mile Road approximately 3,325 feet west of Farmington Road in the Southwest 1/4 of Section 9. The secretary also read letters dated 423 1477 October 8, 1956, from Robert C. Baumgartner, Livonia Police Depart- ment and dated September 30, 1956 from William G. Sharpe, Supt. of Public Works. Mr. D. J. Pitrone was present. *Mr. H. Paul Harsha was excused fromneeting at approximately 9:55 p•m. Mr. Greene questioned item No. 4 in letter from Supt. of Public Works. Mr. Pitrone stated that there was water standing last winter but that they are saving the topsoil. After sand is excavated the topsoil is pushed back. If area is frozen, it is not possible to push back the topsoil until spring. Mr. Lotz stated he visited site and in his opinion area has been left in fair shape. Mr. Pitrone submitted survey dated May 17, 1955, showing area that still has to be removed. Mr. Robinson asked whether Mr. Pitrone intends to continue existing bond. Mr. Pitrone stated he did. Mr. Donald Burns, 34850 Six Mile Road, owner of parcels stated he understands there is a bond to protect the city but what about the property owner. Mr. Robinson stated that is between Mr. Burns and Mr. Pitrone and arrangements should be made between them. Mr. Pinto stated bond is to protect anyone who is aggrieved by the actions of the petitioner. Mr. Burns stated in his opinion $500.00 an acre is not sufficient bond to bring back fill. Mr. Robinson stated parcels belong to Mr. Burns and it was up to him as owner to make necessary arrangements. Mr. Pitrone stated the arrangement was made that he would follow the topographic survey and that is what he has done. Mr. Robinson stated he did not think Mr. Burns should throw the burden on the City of Livonia and that it is up to himself to protect his property. Upon a motion duly made by Mr. Lotz, seconded by Mr. Steinhoff and unanimously carried, it was #10-348-56 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby grant Application TA19 by D. J. Pitrone requesting permission to renew Permit No. 31 which was issued by the Bureau of Inspection March 26, 1956 for re- moval of fill sand located on Parcels D9, D10 and Dl1 and situated on the North side of Six Mile Road approximately 3,325 feet West of Farmington Road in 424 Csistel Mrfl the Southwest 1/4 of Section 9 subject to bond being continued to cover the entire parcels as specified in Resolution No. 7-228-55, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner, City Departments as listed in the Proof of Service and re- commendation having been obtained from the Department of Public Works under date of September 30, 1956, and from the Police Department under date of October 8, 1956. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Petition M-19 by Ray Meyers requesting permission to erect a gasoline service station on Lots 24 through 30, Five Elm Park Subdivision located on the Southeast corner of Elsie Avenue and Middlebelt Road in the North- west 1/4 of Section 24. The secretary read letter dated October 8, 1956, from Calvin Roberts, Chief Livonia Fire Department. Messrs. Ray Meyers and Arthur A. Rosner, Harold Sarko Management Company, were present. Mr. Meyers submitted station plans of proposed station. Mr. Robinson asked for plot plan showing location of proposed station, egress and ingress and lot dimensions. Mr. Meyers did not have plot plan available. Mr. Robinson asked Mr. Pinto whether commission would be able to act on petition inasmuch as the City Council has not acted on Petition No. Z-179; Mr. Pinto replied that it would not be the proper way of proceeding. Mr. Robinson stated that there are three gas stations on the corner of • Middlebelt and Five Mile Roads. To table item would be correct procedure if commission is to grant petition; however, cannot see need for addi- tional station in area. Believed petition should be denied. Mr. Meyers stated they have to have station in area for credit card customers on Middlebelt Road. Next nearest station is 300' to 400' away. Trend is to build stations away from signal lights. Upon a motion duly made by Mr. Steinhoff, seconded by Mr. Lepo and un- animously carried, it was #10-349-56 RESOLVED THAT, Petition M-19 by Mr. Ray Meyers re- questing permission to erect a gasoline service station on Lots 24 through 30, Five Elm Park Sub- division located on the Southeast corner of Elsie Avenue and Middlebelt Road in the Northwest 1/4 of Section 24 be tabled until such time as the City Council has had an opportunity to act on Petition No. Z-179. The Chairman declared the foregoing resolution adopted. 425 1479 Lieutenant Bob Perry was excused at approximately 10:17 p.m. Upon a motion duly made by Mr. Lepo, seconded by Mr. Greene and unanimously carried, it was #10-350-56 RESOLVED that, No. 14 (page 7) Check List for Preliminary Plat for Residential Development, Ordinance Requirements, Subdivisions prepared by the City Planning Commission of the City of Livonia, February, 1956, be amended as follows: "Lots on cul-de-sacs may have a minimum width of 5' less than the required width at the right-of-way line, provided, that the building line is not less than the required minimum width. The Chairman declared the foregoing resolution adopted, and declared that there will be study meetings October 23 and October 30, 1956. Mr. Steinhoff informed commission that signs advertising Country Homes Subdivision have been repainted and are now advertising subdivision in another city. Mr. Greene stated signs were for the duration of the subdivision only. Upon a motion duly made by Mr. Lotz, seconded by Mr. Steinhoff and un- animously carried, it was #10-351-56 RESOLVED that, secretary be instructed to write letter to the Bureau of Inspection informing them of resolution adopted October 19, 1954, by the City Planning Commission granting petition by L. W. Draur, Slater Realty Company, for permission to erect two temporary signs 7'-9" x 18' located on Parcel L-1 and situated on the Southwest cor- ner of Plymouth Road and Wayne Road in the North- west 1/4 of Section 33 and Lot 5, Alden Village Subdivision located on the North side of Plymouth Road approximately 305 feet West of Priscilla Lane in the Southwest 1/4 of Section 28 and further in- form them that the signs are now being used to ad- vertise a subdivision in another city. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Greene, seconded by Mr. Lotz and unanimously carried, it was #10-352-56 RESOLVED that, City Planning Commission does hereby deny demand for the issuance of a cer- tificate to the effect that Bailynn Park Sub- division located in the Southwest 1/4 of Section 23 has been approved as contained in letter dated October 1, 1956, from David Lewis. 426 The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Greene, seconded by Mr. Lepo and unanimously carried, it was #10-353-56 RESOLVED that, City Planning Commission does hereby request City Attorney to prepare amend- ment to Zoning Ordinance, No. 60, to restrict used car lots in the City of Livonia to a C-2 District upon the approval of the City Planning Commission. The Chairman declared the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted the Public Hearing was duly adjourned at approximately 10:30 p.m. , October 9, 1956. UL �- 'red A. Lotz, Secretary tem ATTESTED: William R. Robinson, Chairman