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HomeMy WebLinkAboutPLANNING MINUTES 1958-02-04 399 1934 MINUTES OF THE 81ST SPECIAL MEETING AND A PUBLIC HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On February 4, 1958 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 Special Meeting to order at approximately 8:12 P.M . Members present : Dennis Anderson Wilfred Okerstrom Fred A. Lotz Robert Angevine Charles Walker Leonard Kane William R. Robinson H. Paul Harsha Members absent : Robert L. Greene Mr. Charles Pinto , Assistant City Attorney was also present at this meeting with approximately twenty-five interested persons . The secretary announced that the first item on the agenda was Petition M-101 by William J. Horse and Garland B . Borden requesting permission to build and operate an "A & W Root Beer" Drive-In Restaurant , located on the West side of Middlebelt approximately 350 feet North of Six Mile Road in the Southeast 1/4 of Section 11 and which parcel is iden- tified on Page 44 of the Wayne County Bureau of Taxation Records as Parcel #11MM20 bl . Mr. William J. Horse and Mr. Garland B. Borden were present . The plot plan was presented and passed to members of Commission. Mr. Okerstrom asked what sanitary facilities would be provided for this drive-in. Mr. Horse explained that the first plan for the sewage did not have enough drainage and the second plan and permit had not come back as yet . Mr. Walker asked would drive-in include any type of food. Mr. Horse said that only hot dogs , pop corn, soft drinks and ice cream would be served. Mr. Lotz asked what was the width of Middlebelt Road at that point , felt that building would be too close to road. Mr. Robinson stated it was permissible to put building on lot line , the plot shown was legal . Mr. Stypula , 17175 Middlebelt stated that his neighbors had gotten together and they all thought that this drive-in would become a nuisance to the residents nearby and cause a disturbance. Also asked what sort of separation between building and residential section. Mr. Robinson stated that they were required to have a greenbelt . Nine persons present objected to the drive-in. Mr. Colvin, 17311 Middlebelt , stated that from past experience with a Drive-in located south of Six Mile and Middlebelt there has been a lot of trouble. The police have been called several times . Feels 4 0 1935 they do not want this around the north side of Six Mile and Middle- belt . Asked what parking facilities would there be. Mr . Robinson stated that parking will be provided according to zoning regulations . Mrs . Priebe , 17403 Middlebelt , asked when this property was zoned for commercial use and why weren 't the surrounding residents notified. Mr. Robinson explained that the notice of any change is published in the official newspaper of the City , fifteen days prior to the hearing date . Mr. Harsha also stated that in 1945 that corner was zoned C-2 and still is. Mr. Stypula stated he understood that this property was zoned resi- dential - and protests to the commercial zoning . Mr. Kane pointed out that these people were living in a C-2 section. Mr. Borden, petitioner, stated they realized the concern of the people present and that is why they have taken precautions that this place will be strictly a business and not cater to teenagers . Police will be on guard so that this type of thing will not happen. There will be no noise of any kind, no juke boxes . The light will be such that it will not shine in the houses on either side of the drive-in and they will be open reasonable hours , 11:00 A.M. to 11:00 P.M. x> They aim to run a business that will be permissible . It will be landscaped and want only a certain class of people . Keep it attrac- tive to the general public and will keep it operating so that people will keep on coming to it . Feel it will add to the community and not be a nuisance . Mr. Okerstrom stated that cars in the parking area would be flashing lights right in the residential section. Feels that this is not desirable . Mr. Borden replied that they thought the landscaping and trees would take care of any lights . Mr. Kane asked how many months out of year would drive-in be open. Mr. Borden answered approximately six months in the summer time only. It was strictly a seasonal business - May to October. Mr. Robinson asked Commission if item should be taken under advise- ment . Mr. Colvin then asked what is the area of this particular plot and Mr. Borden answered 124 ' on Middlebelt by 150 ' deep. The Chair will rule that this matter will be taken under advisement . The Commission will consider this and will vote on it at a later date. Persons may call City Planning Commission to find out when it will appear on the Agenda. 401 1936 The secretary announced that the next item on the Agenda was Petition M-98 by Rev . Edwin Wyman, Bethany Baptist Church requesting permission to build an educational unit , Sunday School unit and Sanctuary in three (3 ) units , located on Lots 3 to 9 inclusive , Orr Subdivision and situated on the Southeast corner of Five Mile Road and Fairlane Road in the Northwest 1/4 of Section 21. Mr. Angevine read letter from Fire Department dated January 31 , 1958. Rev. Edwin Wyman was present with Mr. E. Kamp , Architect , 25015 Plymouth Rd. , Detroit and Mr. McGuirl , 8854 Denning, Livonia . Mr. Robinson asked if there was any other information that would be necessary to present this petition. The plot plan was looked over by the members of the Commission. Mr. Robinson asked if there were any questions or comments . Mr . Anderson asked if the exit is too close to Five Mile and if so has it been taken up with the Traffic Commission. Mr. Kemp stated it was not too close . Mr. Okerstrom asked if there were sewage facilities available . Mr. Kamp stated they may have to install a septic tank. Mr. Robinson asked if there were any people present who wish to comment . Mr. Shannon, 34465 Five Mile Road stated he lived immediately to the east of said property and felt if property is graded for the Church there will be too much water on his property. Does not feel septic tank will work in this area. Mr . Robinson said before they will allow a septic tank it will have to be taken up with the Wayne County Health Department and approved by that body . Mr. Robinson then asked if- there were any other questions from audience and from Commission . Mr. Walker asked how soon would project be built and Rev . Wyman answered by the first of March. Mr. Robinson asked if there was a solution to the water problem . Mr . Kamp answered that no extensive grading would be taken up at pres- ent and that they would try to connect with the main sewer if at all possible . Mr. Lotz asked when they would like to build and Rev . Wyman answered in March. Mr. Lotz also maintained that the sewage was still a problem and until the percolation test from the County came back, this should be tabled until we find what it is . Rev. Wyman felt that they would have to go across the Five Mile Road to get to the sewer to connect with it . 42 - 1937 Mr . Harsna stated it seemed to him that the issue was whether we are going to permit them to build on property , not the drainage . What we are deciding is whether this property is satisfactory for a church. No other comments were made. Upon a motion duly made by Mr. Walker, seconded by Mr. Angevine and unanimously carried, it was #2-27-58 RESOLVED that , pursuant to a Public Hearing having been held the City Planning Commission does hereby grant Peti- tion M-98 by Rev. Edwin Wyman, Bethany Baptist Church re- questing permission to build an educational unit , Sunday School unit and Sanctuary in three (3 ) units , located on Lots 3 to 9 inclusive , Orr Subdivision and situated on the Southeast corner of Five Mile Road and Fairlane Road in the Northwest 1/4 of Section 21 , subject to the recommenda- tions of the Fire Department . FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet , petitioners and City Departments as listed in the Proof of Service . The Chair declared the motion is carried and the Petition is granted. On a motion duly made by Mr. Okerstrom and seconded by Mr. Kane the Public Hearing was adjourned at approximately 9 :00 P.M . Chairman William R. Robinson called the 81st Special Meeting to order at approximately 9 :02 P.M . with all present who were present. at the Public Hearing. The secretary announced the next item on the agenda was letter from Mayor Brashear dated January 21 , 1958. Letter was read and put on file . The secretary announced the next item was letter dated January 30 , 1958 from Marie W. Clark, City Clerk regarding City Council resolu- tion #61-58 regarding Major Street Setback. Mr. Angevine next read letter dated January 20 , 1958 from Mayor Brashear and Proposal #3 from Charles Pinto explaining setback of 75 feet and. 40 feet . There were no further questions or discussion. The Chairman stated a motion was in order to set a date for a Public Hearing on our own motion. Upon a motion duly made by Mr. Kane and seconded by Mr. Walker and unanimously carried, it was #2-28-58 RESOLVED that , the City Planning Commission , at this time and on its own motion, does hereby provide for a public hearing to be held to amend Zoning Ordinance 11 No . 60 as follows : AN ORDINANCE AMENDING SECTION 4. 27 OF ARTICLE 4.00 OF _ ORDINANCE NO. 60 AS AMENDED ENTITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA" . 403 1938 WHEREAS , Schoolcraft Road is the only major thoroughfare of a boulevard character extending through the City of Livonia and WHEREAS , Schoolcraft Road divides a heavy industrial district from adjoining residential districts and in recent years has come to be used by an excessive number of automobiles and large industrial vehicles traveling to and from the City of Livonia as well as through the city; and WHEREAS , in the judgment of the City Council of the City of Livonia it is to the best interest of the city and its citizens that front yard requirements be established for parcels adjacent to and abutting such boulevard. THE CITY OF LIVONIA ORDAINS: Section 1 . In order that neighboring property owners shall not be deprived of their rightful enjoyment of light and air by the un- due proximity of buildings to lot lines and to one another, and in order that the view of the street shall not be obstructed or that the privacy and peace of residents shall not be destroyed by too great a proximity to a major street and boulevard heavily traveled by an excessive number of automobiles and many and varied large in- dustrial vehicles , and in order generally to preserve a degree of openness around buildings appropriate to the dominant residential character existing on Schoolcraft Road and in order to maintain a uniform setback consistent with that presently existing , Section 4.27 of Ordinance No . 60 , as amended of the City of Livonia entitled, "Zoning Ordinance of the City of Livonia" , is hereby amended to read as follows : Section 4.27 Yards : Front Yard Exceptions . When buildings have been constructed on the majority of lots in a block at the time of the adoption of this ordinance , no building hereafter erected or altered shall project beyond the minimum building line thus estab- lished, provided that no building shall be required by this ordinance to set back more than forty (40) feet , and provided further that not- withstanding anything in this section or in the Zoning Ordinance , Ordinance No . 60 , to the contrary , where a residentially zoned lot or parcel is adjacent to or abuts on Schoolcraft Road in the City of Livonia , no building shall be erected , moved, enlarged or otherwise established on such lot or parcel closer than seventy-five (75 ) feet to the lot line abutting the major street , except that in cases where special hardships or inequities due to special conditions can be shown to exist , this setback provision may be adjusted by the City Planning Commission after a public hearing with notice of such hearing as pro- vided for in Section 17 .03 of this ordinance . Section 2 . All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect . Section 3 . Should any portion of this ordinance be held in- valid for any reason, such holding shall not be construed as affecting the validity of the remaining portion of this ordinance , and provided further that all notices required by the Zoning Ordinance , Ordinance No. 60 shall be given to interested parties . 404 3 The Chairman announced the foregoing resolution adopted. C) The Secretary announced that the next item on Agenda was the approval of the final plat of the proposed Ann Arbor Trails Subdivision No .2 located on the West side of Hix Road between Ann Arbor Trail and Ann Arbor Road in the Northwest 1/4 of Section 31 . Letter was read by Mr. Angevine regarding Surety Bond issued Janu- ary 15 , 1958 from Marie W. Clark, City Clerk. Mr. Schreible , Ann Arbor Trails Subdivision could not be present . There were no changes in the canvas back plat which was presented to the Commission members . No further questions on the final plat . Upon a motion duly made by Mr. Kane and supported by Mr . Walker , it was #2-29-58 RESOLVED that , final plat of Ann Arbor Trails Subdivision No . 2 located on the West side of Hix Road between Ann Arbor Trail and Ann Arbor Road in the Northwest 1/4 of Section 31 be given final approval , and FURTHER RESOLVED , inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission April 16 , 1957; and it further appearing that said proposed plat together with the plans and specifications for improvements therein have been approved by the Dept . of Public Works under date of August 12 , 1957; and it further appearing that a bond in the amount of $124,000 .00 to cover the in- stallation of improvements has been filed in the office of the City Clerk under date of January 15 , 1958, such bond having been approved by Charles J. Pinto , Assistant City Attorney under date of February 3 , 1958, pursuant to Council Resolution # 627-57 adopted August 19 , 1957 , it would appear that all the conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. A roll call vote on the foregoing resolution resulted in the follow- ing : AYES: Okerstrom , Harsha , Walker, Kane , Robinson NAYS : None NOT VOTING: Anderson, Lotz , Angevine The Secretary announced the next item was Koloff ' s Greenbriar Meadows Subdivision asking for extension of time located on the south side of Five Mile Road approximately 1,300 feet West of Ashurst Road in the Northwest 1/4 of Section 21 . The Secretary read letter dated February 3 , 1958 from Henry Koloff of Koloff ' s Greenbriar Meadows Subdivision asking for extension of time and approval of slight change . Mr. Koloff was present . Mr. Robinson stated that Mr. Koloff should request an approval of the amended plat . Mr . Lotz wanted to know if there had been any _previous extensions given on this plat . 1940 Mr. Robinson answered that no extension had been given on original , approval had been given and then an amendment made which prolonged the time. Mr. Koloff stated that the Subdivision has not been changed except in regard to letter. The change was made when it was found that a por- tion on the south side of Five Mile Road and west to subdivision had been zoned R-3 . They had planned to put a high class type of small rental units (about 40) set back and surrounded by trees with their own parking area. Mr . Robinson asked what did they intend to do with the property in front if this rezoning is not approved. Mr. Koloff answered they would put in a service road separating Five Mile Road from this portion by a Boulevard and face the lots to that and plant it individually . Mr. Robinson asked if there were any further questions from the Com- mission on the proposed change . Mr. Koloff stated if it is not zoned R-3 it would be alright to have the plat as approved. Mr. Robinson suggested that he request an extension on the original plat and also he hold up his request on this revised plat until after the rezoning has been acted upon. Mr. Harsha felt the Commission was not in the Position to act upon this revised plat because we had not had an opportunity to check it over. Mr. Koloff stated it did not change from the original. Mr. Robinson stated that Mr. Koloff had agreed at the time of the original approval to establish a temporary egress and ingress on Five Mile Road to be maintained until abutting property is developed. Mr. Koloff stated that if there is any discrepancy between this and the original accepted plat that the original plat would take prece- dence. rece- dence. Mr. Harsha stated he would make a motion to approve if Mr. Pinto agreed. Mr. Harsha made a motion to approve plat subject to the conditions Mr. Koloff stated and Mr . Kane seconded the motion, and unanimously carried, it was #2-30-58 RESOLVED that , the City Planning Commission does hereby approve the amended plat , dated December 1957 of the tentative plan of the proposed Koloff ' s Greenbriar Meadows Subdivision located on the South side of Five Mile Road approximately 1 ,300 feet West of Ashurst Road in the Northwest 1/4 of Section 21 and FURTHER RESOLVED, that if there is any discrepancy between this and the original accepted plat that the original plat would take precedence. 406 1941 Upon a motion made by Mr. Okerstrom and seconded by Mr. Kane and unanimously adopted this 81st Special Meeting was duly adjourned at approximately 10:15 P .M. February 4 , 1958. The Chair called the 81st Special Meeting again to order and meet- ing was reopened to discuss Mr. Albe Munson' s statement . No objections to deleting this adjournment . Mr. Harsha made a motion that Mr. Munson ' s statements be paid, supported by Mr. Lotz , it was #2-31-58 RESOLVED that statements from Mr. Albe Munson, Planning Consultant dated February 1 , 1958 in the amount of $371. 24 be approved and forwarded to the proper department for payment . A roll call on the foregoing resolution resulted in the following: AYES : Anderson, Okerstrom , Harsha , Kane , Lotz , Angevine and Robinson NAYS : None Mr. Walker did not vote having left at the first adjournment of this meeting. On a motion duly made by Mr. Kane and seconded by Mr. Okerstrom and unanimously adopted this 81st Special Meeting was again ad- . j ourned at approximately 10 :35 P.M . February 4 , 1958. . L. Angevi , Secretary ATTESTED: William R. Robinson, Chairman