HomeMy WebLinkAboutPLANNING MINUTES 1958-07-15 •
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MINUTES OF THE 93RD REGULAR MEETING AND A PUBLIC
HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA
On July 15, 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 Regular Meeting to order a* approximately 8:10 p.m.
Members present: H. Paul Harsha, William R. Robinson, Leonard Kane, Robert
M. Peacock, Charles Walker, Robert M, Greene, Robert L.
Angevine, Wilfred Okerstrom, Dennis Anderson
Members absent: None
Mr. Rodney Kropf, Assistant City Attorney, was present along with approximately 100
persons.
The secretary announced the first item on the agenda was Petition No. Z-294, pur-
suant to request of the City Council, the City Planning Commission, on its own
motion whether or not to amend Section 4.05 of Article 4.00 of Ordinance No. 60.
Section 4.05 states the minimum lot size and width in Sections 34, 35 and 36 to be
6600 sq. ft. in area and 55 ft. in width and within Sections 1 to 33, inclusive, to
be 8400 sq. ft. in area and 70 ft. in width.
Mr. Robinson asked if there were any persons present who wished to speak either in
favor or opposed to proposed ordinance.
Mr. H. Larson, Building Association of Metropolitan Detroit, stated they wished to
protest the proposed ordinance to increase the frontage from 60 to 70 feet. Feels
that 60 ft. is adequate. Increasing the frontage will run the cost of a home from
$500 to $600 additional. Stated that it was uncalled for at this time and by in-
creasing the frontage the density will go down which will effect the business man.
There were no other persons present who wished to speak. Mr. Robinson stated that
this item would be taken under advisement.
The secretary announced the next item on the agenda was Petition Z-290 by Daniel and
Patricia Bourdas asking for a change of zoning on parcels of land located on the
South side of Six Mile Road on the East and West sides of Henry Ruff Road (if cut
through) and situated in the Northwest and Northeast 1/4 of Section 14, from RUF to
C-2.
Mr. Daniel Bourdas was present along with Mr. C. Charest, his attorney. Mr. Charest
presented the plans of the area involved. Mr. Charest stated he was representing
the petitioner and requesting this rezoning in order that Mr. Bourdas could expand
the restaurant facilities of his establishment. It is desired at this time to build
on the West end of property an addition approximately 36 x 50 wide and extending
back approximately 100 ft. A drawing of the proposed addition was presented to the
Commission and the audience. Mr. Cheroot contined, stating that Mr. Bourdas had had
a meeting with a group of residents to explain their position and what they wish to
do. Since there had been objections to the amount of property to be reamed origin-
al.ly, they are willing to amend the original petition to conform with the survey
that has been presented to this Commission. There will be a total width of 120' and
a depth of 2001 which includes 60' for roadway, a net of only 140' in depth. The
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area tan The West, presently paved, is desired to be zoned P-1. This area could re-
main under the non-conforming use but the residents feel that they would be safer
if it is zoned Parking. The residents on the East and West stated they were agree-
able. We are submitting at this time a petition signed by thirty-seven residents
agreeing to our proposed plan.
Mr. Angevine asked where Henry Ruff Road came through if it was cut through. Mr.
Charest stated it would be in the parking area, and not where the building is
located.
Mr. Walker asked what was the full width of property on Six Mile Road. Mr. Charest
stated there was a total of 484 ft. of frontage. Mr. Walker stated petition re-
quested C-2 -- was it intended to have the complete 484 ft. rezoned to C-2.
Mr. Charest explained that was the original request, but since a number of property
owners questioned this amount, it is desired that only 123? ft. be rezoned C-2.
This would include the building as it presently exists plus 50 ft. on the West and
15 ft. on the East, a total of 123 ft.
Mr. Walker asked if the remainder would be zoned P-1 fronting on Six Mile Road. Mr.
Charest stated this was their intention now.
Mr. Otto W. Hedges, 30320 Six Mile Road, stated he lived across from the Lone Pine
Inn and would like to present a brief statement to the Commission. At this time
Mr. Hedges read statement to Commission and audience.
*Mr. Okerstrom arrived at approximately 8:30 p.m.
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Mr. I. E. Hutchins, 17275 Merriman, Merriman Improvement Association, stated that
this rezoning comes in the middle of two main roads. The Association has constant-
ly tried to maintain the area of fine residents. Rezoning this area may start a
whole area of commercial. Objected strongly against proposed rezoning.
Mr. R. Niska, 16927 Oporto, stated his objection to rezoning.
Mrs. Mary Taylor, 30506 W. Six Mile Road, stated they had originally been told only
38? would be rezoned but petition is asking for 484 ft.
Mr. Robinson asked if there were any other persons in the audience who signed the
petition agreeing to the rezoning who were under the impression that the petition-
er's request was different than the petition filed with the City Planning Commis-
sion. There were none. It was ascertained that petition signed by the 37 residents
did not give any dimensions.
Mr. Charest stated that the residents could have misunderstood Mr. Bourdas? request,
but that they did not mean to delude anyone.
Mrs. Taylor asked why was the description published one way and the request now
different than that description.
Mr. Robinson explained that the description in the paper was the one on the formal
petition filed with the Planning Commission; Mr. Charest has stated that he would
I: amend this petition to conform with the surrounding property owners? wishes.
In answer to comments made regarding the stables situated in the back of Mr.Bourdas?
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property, Mr. Charest stated that as soon as it was legally possible these stables
would be removed. It is presently leased until 1961, they do not belong to Mr.
Bourdas. Attempts have been made to remove them but it's been legally impossible.
j Mrs. S. Razniak, 16928 Oporto stated she also objected to the hay rides which were
held.
Mr. Schroeder, 16955 Oporto stated his property adjoins the property in petition
and would like to state his objection to the rezoning.
Mr. E. J. Balluff, 16781 Merriman, Bell Creek Improvement Association stated any
rezoning to C-2 would not be in conformance with the surrounding area.
Mr. I, E. Hutchins stated he would like to present a list of objectors to this
rezoning. Mr. Angevine ascertained there were approximately 20 names on the list.
Mr, A. Fischer, 30408 Hoy, felt that if this zoning petition is approved, there
would be no control on this area whatsoever. Also, if it is not approved, then
it could not be transferred in the event that this property is sold and a more
objectional use coma into this area.
Mr. Greene stated he would like to read Mr. Munson's recommendation. He questioned
the advisibility of rezoning to C-2, stating that in the event of a transfer in
ownership, there was no way of knowing what the new owner would do. Asked why this
business could not be moved to a presently zoned C-2 District.
Mr. Charest stated that the liquor license could not be transferred, that they were
bound by the terms of the purchase of property.
The Chairman ruled that this item would be taken under advisement.
The secretary announced the next item on the agenda was Petition Z-214a by Dr.
Harley J. Robinson, Ardmore Convalescent Homes, Inc. asking for a change of zoning
on parcel of land located on the East side of Farmington approximately 1200 feet
South of Norfolk in the Northwest 1/4 of Section 3 and the East side of Farmington
Road approximately 1300 feet South of Norfolk in the Southwest 1/4 of Section 3,
from RUFB to PS.
Mr. Angevine read a letter from Mrs. L. Batson stating her objection to rezoning.
Mr. Harry W. Tyson, Attorney for Dr. Robinson, 9049 Hayes, Detroit, Michigan was
present.
Mr. Walker asked Mr. Tyson if this request for rezoning was to allow this conval-
escent home in a conforming use as well as to be able to expand the business.
Mr. Tyson stated that they had previously been before the Commission at which time
the petition had been tabled until the Planning Commission could complete a survey
on professional businesses because at that time there was no special zoning for
them. We feel that our business falls into the Professional Services classification
and request this rezoning in the event, that if it is warranted, Dr. Robinson can
build an addition to his building. Area is very suitable for convalescent purposes.
Dr. Robinson is situated at least 100 feet from the side lot of any residential
property. If there are any additions, the plans can be brought to the Commission
110 to receive their approval.
Mr. Walker asked for the size of lot; Mr. Tyson stated there is 497.51 frontage on
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Farmington with a uniform depth of approximately 1324 feet from Farmington Road to
the East.
Mr. Green asked if there were plans for an addition in the near future. Mr. Tyson
stated there were no plans at the present that he knows of.
There appeared to be no one in the audience who wished to speak, at which time
Mr. Robinson stated that this item would be taken under advisement.
The Secretary announced the next item on the agenda was Petition Z-249a by Luther
G. Lentz and Gladys L. Lentz asking for a change of zoning on a parcel of land
located on the North side of Ann Arbor Trail approximately 200 feet West of Hix Road
from R1B to R3; land situated in the Northeast 1/4 of Section 31.
Mr. Lentz was present along with his attorney, Mr. Childs.
Mr. Childs stated that this petitioner had been before the Commission earlier in the
year at which time he requested this property to be rezoned to C-2. After it was
presented to the Commission on March 4, 1958, the Commission had recommended that
the petition be denied. Resolution #3-46-58 adopted at that time. At that time,
after having considered his petition again, Mr. Lentz agreed that the Commission
had been right in denying his petition. The present petition before the Commission
is requesting that the frontage, approximately 738 feet on Ann Arbor Trail, be re-
zoned to R-3. Directly across the street approximately 380 feet on the South side
of street is now zoned C-1. The Northwest corner is C-2. Mr. Lentz' property con-
tains over 5i acres, having 220 feet on the East side and 432 feet on the West side.
It is difficult at present for him to make any use of the property zoned R-1.
110 Mr. Anderson requested Mr. Childs to show him in the plat book what area Mr. Lentz
is asking to be rezoned.
Mr. J. Monahan, 38660 Ann Arbor Trail, stated that the North side of Ann Arbor Trail
is zoned R-1. The homes on that property are single dwellings within the price
range of $30,000 and $40,000. The property on the other side has approximately 100
homes selling at $18,000 to $22,000. The granting of this petition could destroy
the value of these properties. I move that this petition be dismissed because the
petition does not have the accurate description. It was published incorrectly. It
states this property is located approximately 200 feet West of Hix Road when it is
really located 200 feet East of Hix Road.
Mr. Robinson inquired of Mr. Kropf what is the procedure if petition is published
incorrectly. Mr. Kropf stated that petition would have to be republished and another
public hearing held.
Mr. Bonk, 38550 Ann Arbor Trail, stated he would like to make his objection now,
feels property in petition is too close to a subdivision.
Mr. Robinson informed those present that this item will be republished and will be
on the agenda for August 19, 1958.
The Secretary announced the next item on the agenda was Petition Z-292 by Harry B.
Wright asking for a change of zoning on a parcel of land located on the East side of
#_ Brentwood Avenue approximately 371 feet South of Seven Mile Road and situated in the
Northwest 1/4 of Section 12, from RUF to R1B. Mr. Okerstrom asked why Mr. Wright
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asked for Rlb instead of R1A. Mr. Wright answered that these homes will only have
I: 960 sq. ft. in area and that they will conform with the homes in that area at
present. Mr. Walker inquired as to the size of lots and how many homes. Mr. Wright
stated there would be approximately six homes, the lots being 135 x 60. The
members of the Commission examined the plat book to ascertain the location.
Upon a motion duly made by Mr. Greene, supported by Mr. Kane and unanimously
adopted, it was
#7-167-58 RESOLVED that, pursuant to a Public Hearing having been held on
Petition Z-292 as submitted by Harry B. Wright for a change of
zoning in the Northwest 1/4 of Section 12 from RUF to R1B, the
City Planning Commission does hereby recommend to the City Council
that Petition Z-292 be granted because it is in conformity with
the surrounding area, and
FURTHER RESOLVED, notice of the above hearing was published in the
official newspaper, The Livonian, under date of June 26, 1958 and
notice of which hearing was sent to The Detroit Edison Company,
Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company,
The Consumers Power Company, City Departments and petitioner as
listed in the Proof of Service.
The Chairman declared the motion is carried and petition is granted.
The secretary announced the next item on the agenda was Petition Z-293 by Guy D.
I: Morris and Josephine A. Morris asking for a change of zoning on two parcels of
land located on the South side of Seven Mile Road approximately 500 feet West of
Farmington Road and situated in the Northeast 1/4 of Section 9 from C-1 to C-2.
Mr. & Mrs. Morris were present. Mr. Okerstrom asked for the reason for rezoning
property. Mrs. Morris stated that the next item on the agenda would more than ex—
plain reason; next item asking for permission to remodel and open a Dairy Bar.
This type of business requires a C-2 zoning.
There were no other questions from the Commission or from the audience at which time
the chairman declared this item would be taken under adiv Bement.
The chairman declared the Petition M-117, next item on the agenda would also be
taken under advisement as no decision can be made on it until Petition Z-293 has
been acted upon. There were no persons in audience who wished to speak either in
favor or in opposition to Petition M-117.
The secretary announced the next item on the agenda was Petition V-31 by residents
in Botsford Park Subdivision requesting that the alleyways of Botsford Subdivision
be vacated and changed to easementways with the exception of the alleys running
parallel North of Seven Mile Road. Alleys to be vacated located between Inkster
Road and Rensellor Blvd. (North—South Alley) and also South of Lots 66-78, 183-194,
299-310 and 415-420 (east west alley) situated in the East 1/2 of the Southeast
1/4 of Section 1.
The secretary read letter dated June.19, 1958 from the Department of Public Works;
letter dated July 14, 1958 from the .Michigan Fell Telephone Company and letter from
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the Detroit Edison Company dated July 10, 1958. Members examined the plat book
to ascertain width of alleys.
IreThere were no persons in audience who wished to speak either in favor or opposed
to petition.
Upon a motion duly made by Mr. Greene, supported by Mr. Angevine and unanimously
adopted, it was
#7-168-58 RESOLVED that, pursuant to a Public Hearing having been held on
July 15, 1958 on Petition V-31 as submitted by residents in
Botsford Park Subdivision for the vacating of alleys located
between Inkster Road and Rensellor Blvd., (North-South alley)
and also South of Lots 66-78, 183-194, 299-310 and 415-420
(East-west alley), except the alleys running parallel North
of Seven Mile Road, situated in the East 1/2 of the Southeast
1/4 of Section 1, the City Planning Commission does hereby
recommend to the City Council that Petition V-31 be granted,
subject to creating an easement the full width of the alley,
and
FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian under date of Jure 26,
1958 and notice of which hearing was sent to The Detroit Edison
Company, Chesapeake & Ohio Railway Company, Michigan Bell Tele-
phone Company, The Consumers Power Company, City Departments,
petitioner and abutting property owners as listed in the
Proof of Service.
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The chairman declared the motion is carried and petition is granted.
The secretary announced the next item on the agenda was Petition V-32 by Jean
Lobel requesting the vacating of North-South alley located between Dover Avenue
and vacated Cathedral Avenue between Lots 155-169 and 205-219 in the Bonaparte
Gardens Subdivision situated in the South 1/2 of the Southeast 1/4 of Section 35.
The secretary read letter dated June 19, 1958 from the Department of Public Works;
letter dated July 11, 1958 from the Michigan Bell Telephone Company and letter from
the Detroit Edison Company dated July 10, 1958. There was no further discussion
from the Commission.
Mr. John Bush, 9000 Beatrice inquired as to how wide the easement would be. It
was ascertained that they would be 189 wide.
Upon a motion duly made by Mr. Angevine, supported by Mr. Kane and unanimously
adopted, it was
#7-169-58 RESOLVED that, pursuant to a Public Hearing having been held on
July 15, 1958 on Petition V-32 as submitted by Jean Lobel for
the vacating of North-South alley located between Dover Avenue
and vacated Cathedral Avenue between Lots 155-169 and 205-219
in the Bonaparte Gardens Subdivision situated in the South 1/2
I[: of the Southeast 1/4 of Section 35, the City Planning Commission
does hereby recommend to the City Council that Petition V-32
be granted subject to creating an easement the full width of
the alley, and
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FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian under date of June 26, 1958
and notice of which hearing was sent to The Detroit Edison Company,
I[: Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company,
The Consumers Power Company, City Departments and petitioner and
abutting property owners as listed in the Proof of Service.
The Chairman declared the motion is carried and petition is granted.
The secretary announced the next item on the agenda was a Petition by the City
Planning Commission on its own motion whether or not to amend the Subdivision
Rules and Regulations of the City of Livonia, adopted on January 9, 1952, pursuant
to Act • 285, PA 1931, Section 14 by adding thereto sub-section (n) Marginal
Access Streets to Section 4.02.
There appeared to be no one in audience who wished to speak in favor or in
opposition to petition.
Upon a motion duly made by Mr. Greene, supported by Mr. Angevine, and unanimously
adopted, it was
#?470-58 RESOLVED that, Section 4.02 of the Subdivision Rules and Regulations
adopted by the City Planning Commission of the City of Livonia,
January 9, 1952, be amended by adding sub-section (n) as follows:
(n) Marginal Access Streets.
Where a subdivision abuts or contains an existing or proposed
major thoroughfare or arterial street, the Planning Commission may
require marginal access streets adjacent to such major thoroughfares
and in front of the lots facing such major street. A Major street
or thoroughfare, for the purposes of this section, shall be any
road or way having an existing or planned width of 120 feet or more
as shown on the Master Thoroughfare Plan. For the purposes of this
• section, marginal access streets shall be defined as minor streets
which are parallel to and adjacent to major and arterial streets and
highways, and shall provide access to abutting properties and pro-
tection from through traffic.
The Chairman declared the motion is carried and petition is granted.
The secretary announced the next item on the agenda was Petition M-116 by Herbert
Shevin requesting permission to establish a dry-cleaning plant in Outlot A, Merri-
Five Mile Subdivision located on the North side of Five Mile Road between Merriman
and Bainbridge situated in the Southwat' 1/4 of Section 14.
The secretary read letter dated July 9, 1958 from the Livonia Fire Department;
letter dated June 5, 1958 from the Spoon Builders, Inc.; letter from owners of
Lots 620, and 621, 622; and letter dated June 20, 1958 from the Socony Mobil Oil
Company.
Mr. Walker asked if this is one of the many stores which will be in the Outlot by
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the Mern -Five Subdivision. Mr. Shevin stated it was and will be located adjacent
to the proposed food market. Mr. Walker stated that Livonia did not have a regula-
tory ordinance in regard to dry-cleaning plants as to what types. Mr. Robinson
stated the Livonia Fire Department had approved this dry-cleaning plant.
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Mr. Rich 6751 Vermont, representing Mr. Shevin, stated that all the dry-cleaming
plants are policed by State Police, licenses granted for the dry-cleaning plants
by the State Police.
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Mr. Kropf stated Mrs. Fetch, 31255 Five Mile Road has asked him to state her
objection to petition.
The Chairman declared this item would be taken under advisement.
Mr. Rich stated that he would like to invite members of the Commission to investi-
gate the present cleaning establishments in the City. Mr. Robinson stated if any
commissioners wish to do so they would get in touch with him.
The secretary announced the next item on the agenda was Petition M-118 by Socony
Mobil Oil Company, Inc., requesting permission to erect a gasoline service
station on the Northwest corner of Six Mile Road and Farmington Road and situated
in the Southeast 1/4 of Section 9.
Mr. Thomas G. Pence and Mr. Franzozi of the Socony Mobil Oil Company were present.
Mr. Robinson stated this gas station was located directly opposite from the gas
station that was tabled recently until August 19, 1958. Mr. Angevine stated if
this area is in our re-evaluation study, this should be taken under advisement
as the other petition was.
Mr. Pence Stated the present zoning is a proper classification for gas station, the
plans submitted have been approved by the City and conform with all building
requirements. What is the specific reason for tabling.
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Mr. Robinson stated that the Planning Consultant is in the process of completing a
reevaluation of the zoning for the City. He has indicated on his study that this
area be a residential section. Because of this, the Commission would like to study
this report before a decision is made.
Mr. Pence stated that the option on this property was coming up very soon. Asked
when a decision could be made. Mr. Robinson stated at the Regular Meeting On
August 19, 1958.
There appeared to be no one in the audience who wished to be heard in favor of ar
opposed to petition.
Upon a motion duly made by lir. Anderson, supported by Mr. Kane and unanimously
adopted, it was
#7-171-58 RESOLVED that, Petition M-118 by the Socony Mobil Oil Company
requesting permission to erect gas station on the Northwest
corner of Six Mile Road and Farmington Road and situated in
the Southeast 1/4 of Section 9, be tabled until the next
regular meeting on August 19, 1958.
The Chairman declared the motion is carried and petition is tabled until 8/19/58.
The secretary announced the next item on the agenda was the proposed Meadow Lark
Subdivision submitted by Herald F. Hamill on behalf of Dr. M. J. Mendelsshon,
located South of Seven Mile Road and Curtis Road and situated in the Northeast 1/4
of Section 8. Date of submission, June 23, 1958.
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Mr. Herald Hamill was present. The secretary read a letter dated July 8, 1958 from
the Police Department; letter dated July 9, 1958 from the Fire Department; letter
dated July 15, 1958 from the Parks and Recreation Commission.
Mr. Harsha, Plat Committee stated the general layout of plat appeared to be
satisfactory. The length of one block appeared to be quite long but the lots seem
to be properly sized.
Mr. Benton Yates, Supt. of Schools submitted letter from the Livonia School Board
dated July 15, 1958.
Mr. Angevine and Mr. Kane inquired as to the zoning. Mr. Robinson stated a petition
has been filed for a rezoning, it is tentatively scheduled for August 19, 1958.
Mr. Okerstrom questioned so many homes on the cul-de-sac. It was ascertained there
was sufficient room for the number of homes platted.
Mr. Greene stated that the Planning Commission has a proposed ordinance to rezone
this entire northwest area to RU.
Mr. Robinson stated that the Commission could ask Mr. Hamill for a waiver of time
since no acticn could be made until the zoning is acted upon, or they could deny
petition at this time.
Mr. Greene stated he did not go along with the R-1 zoning which is being requested.
Mr. Harsha stated any rezoning has to be official before a subdivision plat can be
approved.
I[: Mr. Kropf stated it is not unreasonable to table this if th€ petitioner waives the
60 day limit and ,hen clnsider it when the rezoning cones up. If you turn it down
because eventuall/ you are going to rezone it to RU, it is not a sufficient reason.
Mr. Hamill stated he felt sure the owner will give the extension of time and asked
how much time is necessary.
Mr. Robinson stated that 90 days is sufficient. If not, another 90 day extension
could be added on later.
There was no one in audience who wished to speak either in favor or in opposition to
proposed subdivision.
The Chairman declared this item will be taken under advisement until zoning petition
is considered.
Upon a motion du::y made by Mr. Kane, supported by Mr. Angevine and unanimously
adopted, it was
/'-172-58 RESOLVED that, this Public Hearing be adjourned at approximately
10:20 p.m.
The Chairman declared a ten minute recess at this time.
The Chairman called the 93rd Regular Meeting to order at approximately 10:35 p.m.
with all present who were present at the beginning of the Public Hearing.
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Mr. Robinson stated that Mr. Greene has requested that the Commission depart from
the regular procedure of meeting to rediscuss the Meadow Lark Subdivision which was
the last item of the preceding Public Hearing.
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Upon a motion duly made by Mr. Walker, supported by Mr. Okerstrom and unanimously
adopted, it was
#7-173-58 RESOLVED that, the City Planning Commission depart from the regular
procedure of the 93rd Regular Meeting in order that the Commission
can rediscuss the proposed Meadow Lark Subdivision.
The Chairman declared the foregoing resolution adopted.
Mr. Greene stated he felt the proposed Meadow Lark Subdivision should be denied for
the following reasons:
1) The school and park site as designed on the Master School
• and Park Plan were not included on the subdivision plat.
2) Commission cannot intelligently consider the plat inasmuch
as the proper zoning classification has not been determined.
Mr. Robinson asked if there was any further discussion. Mr. Marsha questioned the
legality of this procedure.
Mr. Kropf stated that a motion should be made to reopen the public hearing.
Upon a motion duly made by Mr. Greene and supported by Mr. Okerstrom, it was
#7-174-58 RESOLVED that, Public Hearing previously adjourned by Resolution
#7-172-58 be reopened in order to rediscuss the proposed Meadow-
lark Subdivision.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Anderson, Okerstrom, Greene, Peacock, Walker and Marsha
NAYS: Angevine and Robinson
The Chairman declared the motion is carried and the Public Hearing is reopened.
Upon a motion duly made by Mr. Greene, stpported by Mr. Waller, and unanimously
adopted, it was
#7-175-58 RESOLVED that, pursuant to a Public Hearing having been held July 15,
1958, the City Planning Commission does hereby deny approval to
preliminary plat of the proposed Meadow Lark Subdivision located
South of Seven Mile Road approximately 1,350 feet West of Wayne Road
between Seven Mile and Curtis Roads and situated in the Northeast
1/4 of Section 8 for the following reasons:
1) The school and park site as designated on the Master
School and Park Plan were not included in the sub-
division plat, and
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2) The Conse Leicn carnet intelligently consider the plat
inasmuch as the proper zoning classification has not
been determined.
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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, Fire Department, Police Department, Parks and Recreation
Department and Members of the Plat Committee.
The Chairman declared the motion is carried and the proposed Meadow Lark Subdivision
has been denied preliminary approval.
Upon a motion duly made by hr. Kane, supported by Mr. Greene and unanimously
adopted, it was
#7-176-58 RESOLVED that, Public Hearing be adjourned at 10:550 p.m.
The Chairman declared the Public Hearing is adjourned and called the 93rd Regular
Meeting to order at 10:51 p.m. with all those present who were present at the Public
Hearing.
The secretary announced the next item on the agenda was Petiti on M-107b by
Raymond Schreiber request:re permission to erect drive-in theatre on the North side
of Plymouth Road between Levan and Newburg Roads and situated in the Southwest 1/4
of Section` 29, located approximately 900 feet West of the Northwest corner of
Levan and Plymouth Roads. Public Hearing July 1, 1958; study meeting July 8, 1958.
Mr. Robinson requested Mr. Angevine to read a communication dated July 15, 1958
received from Mayor William Brashear.
Mr. Greene stated the Mayor's letter bears out the action that the Commission has
just taken in regard to the proposed Meadow Lark Subdivision.
Upcn a mctionduly made ty }.r.'An •evine end ct:ported ty Mr. Peacock, it was
#7-177-58 RESOLVED that, a Public Hearing having been held on July 1, 1958 on
Petition M-107b of Raymond Schreiber requesting permission to erect
a Drive-In Theater on the North side of Plymouth Road approximately
900 feet West of Levan Road in the Southwest 1/4 of Section 29, the
City Planning Commission does herein approve of the use of such
premises for Drive-In Theatre purposes; provided, however, that such
approval is granted on the following condition: That the Drive-]n
Theatre be set back no less than 730 feet from the property lot line
adjacent to Plymouth Road and provided further that the Planning
cmmission s e prone t t the above use will be no less than
1,000 feet from the closest residential district, that such use is
not likely to be injurious to surrounding properties, is situated a
'sufficient distance from residential, commercial and other
cstablishments so as to preclude any likelihood of disturbance from
light, noise or glare and is in sufficient harmony with the spirit,.
purpose and plan of the comprehensive zoning flap; and that an exit
be provided on Amrhein Road and that acceleration and deceleration
lanes be provided on Plymouth Road Westward for a total of 1,000'
1[410 and furthermore, that the Traffic Commission approves plans as to
traffic safety and all above conditions; and
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FURTHER RESOLVED, that the Planning Commission does herein
recommend that the City Council grant to the above petitioner
1[40 a license to operate a Drive-In Theatre at the above locat ion
on the above conditions and does hereby certify and determine
that the proposed use is not likely to be injurious to the
surrounding neighborhood and is not contrary to the spirit and
purpose of the zoning ordinance and map of the City and that
this action is taken after considerjng the reports and
recommendations of the Police, Fire, and Health Departments of
the City of Livonia, and
FURTHER RESOItLt, rc'tice of the above hearing was sent to
property owners within 500 feet, petitioner and City Departments
as listed in the Proof of Service.
Mr. Robinson asked if the Commission wished to discuss the motion as presented.
Mr. Anderson requested that a recommendation by Mr. Albe Munson in relation to
Drive-In Theatres, dated July, 1955 be read by the secretary.
Mr. Greene stated he had received a letter along with another member of the
Commission which he read in part. Stated he understood that if this petition is not
granted that petitioner could take this to court. The commission has legal counsel
present at all meetings with the purpose of advising the Commission on all legal
matters. Felt that since the Commission has been advised to approve this petition
then it must be accepted and be guided by the counsel given to us by the Law
Department. On the question of tax revenue, felt that this is not a valid enough
reason to not approve petition since the zoning as designated is an acceptable area
for a Drive-In Theatre. Stated his main objection from the start has been only in
regards to public safety, and suggested at the Study Meeting that the Commission
make this a provision in the resolution of approval so that if a traffic hazard does
develop that this can be removed. Permission can be granted with the condition that
it is under the jurisdiction of the Traffic Commission; that is, if the petitioner
has no objection.
Mr. Anderson asked if the Police Department has the power to insist that the ingress
and egress be removed from Plymouth Road. Mr. Greene stated the Traffic Commission
will decide if it is a traffic hazard.
Mr. Harsha suggested that the petitioner run a 109 or 11' service drive starting at
Levan Road running 1,000 feet West along Plymouth Road which would solve the
problem of cars slowing up in order to turn into the Drive-In and creating a traffic
jam on Plymouth Road.
Mr. Greene suggested that the exit be on Amrhein Road.
Mr. Robinson informed those present in the audience that a Public Hearing has been
held on this petition and that the Commission has a policy that they do not allow
discussion from the floor after such hearing.
Mr. Shapiro stated that in regard to the service drive suggested by Mr. Harsha, that
1[40 they do not own the property between the Drive-In and Levan Road tut that he thought
the owner would be agreeable and give them permission to run a drive in front of the
property. Stated they preferred the service drive rather than eliminating the ingress
and egress from Plymouth Road.
•
• 2106
Mr. William Gaunt, Traffic Commission stated the owner would have to put in the
acceleration and deceleration strips on the road, and that the State Highway
IL: Department and the Wayne County Commission would have to give their approval.
Mr. Robinson stated the Commission is are that the Highway Department will have
the final word on the location of the ingress and egress of the Drive-In Theatre.
Mr. Walker inquired as to whether or not the petitioner will agree with the
resolution now on the floor.
Mr. Shapiro stated they were in agreement, also that they will have to request the
owneron their East to go along with the suggestion pertaining to a service drive.
Mr. Robinson asked for a poll on whether or hot to allow persons to speak from the
floor:
AYES: Okerstrom and Walker
NAYS: Anderson, Greene, Peacock, Kane, Harsha, Angevine and Robinson
A roll call vote on Resolution No. 7-177-58 resulted in the following:
AYES: Greene, Peacock, Kane, Walker, Harsha and Angevine
NAYS: Anderson and Okerstrom
NOT VOTING: Robinson
The Chairman declared the motion is carried and Petition M-107b is granted.
At this time, Mr. Benton Yates, Supt. of Livonia Schools introduced Mr. Cecil Alfred
{ who is taking over the position of new Assistant Supt. of Schools. Mr. Alfred will
represent the Livonia Public Schools in matters pertaining to school sites which may
come before the Commission.
The secretary announced that the next item on the agenda was Petition Z-287 by
Michael J. Caffery asking for a change of suing classification on Lot 549, Super-
visor's Livonia Plat No. 9 located on the Southwest corner of Plymouth and Newburg
Roads and situated in the Southeast 1/4 of Section 30 be changed from RUFB to C-2.
Public Hearing June 17, 1958 at which time item was taken under advisement until
information is received from Fire Department regarding fire station designated in
area of said petition. Study Meeting held July 8, 1958.
Upon a motion duly made by Mr. Walker, supported by Mr. Okerstrom and unanimously
adopted, it was
#7-178-58 RESOLVED that, pursuant to a Public Hearing having been held on
June 17, 1958 on Petition Z-287 as submitted by Michael J. Caffery
for a change of zoning in the Southeast 1/4 of Section 30 from
RUFB to C-2, the City Planning Commission does hereby recommend to
the City Council that Petition Z-287 be denied because the Fire
Department has determined that this area is still needed for a
fire station as designated, and
FURTHER RESOLVED, notice of the above hearing was published in the
official newspaper, The Livonian, under date of May 29, 1958 and
rctice of which hearing was sent to The Detroit Edison Company,
Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company,
The Consumers Power Company, City Department and petitioner as
listed in the Proof of Service.
2107
The Chairman declared the foregoing resolution is adopted and petition is denied.
The secretary announced the next item on the agenda was Petition Z-274 by H. DeMicha
and Silvino J. DeMichael asking for a change of zoning classification on 6.86 acres
of land located on the East side of Merriman Road approximately 1,000 feet South of
Chesapeake & Ohio Railway and situated in the Southwest 1/4 of Section 26 be change
from R-1 to M-1. Public Hearing held May 20, 1958, tabled until adjacent property
owners petition for rezoning also; petitioner has requested another discussion.
Study Meeting held July 8, 1958.
It was ascertained that area is presently zoned RUF and not R-1 as stated.
Upon a motion duly made by 14r. Okerstrom, supported by Mr. Kane and unanimously
adopted, it was
#7-179-58 RESOLVED that, pursuant to a Public Hearing having been held on
May 20, 1958 on Petition Z-274 as submitted by H. DE'.ichael and
Silvino J. DeMichael for a change of zoning in the Southwest 1/4
of Section 26 from RUF to M-1, the City Planning Commission does
hereby recommend to the City Council that Petition Z-274 be
granted, and
FURTHER RESOLVED, notice of the above hearing was published in the
official newspaper, The Livonian, under date of May 1, 1958 and
notice of which hearing was sent to The Detroit Edison Company,
110 Chesapeake & Ohio Rai..way Company, Michigan Bell Telephone Company,
The Consumers Power Company, City Departments and petitioners as
listed in the Proof of Service.
l►e Chairman declared the foregoing resolution adopted and petition is granted.
Upon a motion duly made by Mr. Walker, supported by Mr. Anderson, and unanimously
carried, it was
#7-180-58 RESOLVED that, letter be forwarded to Mr. Irving Levine regarding
the proposed revision of intersection at Berwick and Lyndon Roads
in the Meri-Lynn Farms Subdivision situated in the Southeast 1/4
of Section 22, indicating the Commissions feelings that the road
should go through as originally shown on plat.
The Chairman declared the motion is carried and letter will be forwarded to
Mr. Irving Levine.
The secretary announced the next item on the agenda was the proposed Kingsbury
Heights Subdivision located on the Northwest corner of Five Mile and Levan Roads
situated in the Southwest 1/4 of Section 17, submitted by Bruce Polozker on May 16,
1958. Public Hearing held June 3, 1958 at which time it was tabled until plat is
corrected. Mr. Angevine read letter dated July 15, 1958 from the Livonia School
Board. Mr. Bruce Polozker was present.
A brief discussion and examination of revised plat which incorporated changes
suggested at the public hearing was conducted by Commissioners.
Upon a motion duly made by Mr. Walker and supported by Mr. Kane, it was
#7-181-58 RESOLVED that, pursuant to a Public Hearing having been held June 3,
2108
1958, the City Planning Commission does hereby give approval to
If: revised preliminary plat of the Kingsbury Heights Subdivision
located on the Northwest corner of Five Mile and Levan Roads
situated in the Southwest 1/4 of Section 17, 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
nctice having been sent to the Building Department, Superintendent
of Schools, Fire Department, Police Department, Parks and
Recreation Department and Members of the Plat Committee.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Greene, Kane, Walker, Harsha, Angevine and Robinson
NAYS: Anderson, Okerstrom and Peacock
The Chairman declared the motion is carried and preliminary approval is given to the
revised Kingsbury Heights Subdivision.
Mr. Robinson stated that Mr. Rosenberg, petitioner for the proposed Midas Subdivisior
'f" signed a 90 day waiver due to the fact that this item is under advisement pend-
ing approval of the zoning petition by the City Council.
Upon a motion duly made by Mr. Angevine, supported by Mr. Walker and unanimously
adopted, it was
11[:
#7-182-58 RESOLVED that, Mr. Albe Munson's statements for the re-evaluation
of zoning study in the amount of $605 and also statement for the
month of June in the amount of $174.08 stand approved and will be
forwarded to the proper department for payment.
The Chairman declared the motion is carried.
Mr. H. Paul Harsha was excused from meeting at approximately 11:45 p.m.
The next item on the agenda was letter from Burke Building Company requesting a one-
year extension on balance of Yale Subdivision located on th West side of Yale Avenue
approximately 330 feet South of Plymouth Road in the Northeast 1/4 of Section 32.
Upon a motion duly made by Mr. Greene, gaipperted't5tA:r. Kaneaand unanimously adopted
it was
#7-183-58 RESOLVED that, request from Burke Building Company for an extension
on balance of Yale Homes Subdivision, be amended to give an
extension to entire subdivision since a bond has not been filed as
yet on the portion that is completed.
The Chairman declared the motion adopted.
Upon a motion duly made by Mr. Walker and supported by Mr. Greene, it was
#7-184-58 RESOLVED that, request from Burke Building Company dated July 8,
1958 for a one-year's extension on Yale Homes Subdivision located
on the West side of Yale Avenue in the Northeast 1/4 of Section
32, be granted.
,
2109
A roll call vote on the foregoing resolution resulted in the following:
AYES: Okerstrom, Greene, Kane, Walker, Angevine and Robinson
NAYS: None
NOT VOTING: Anderson and Peacook
The Chairman declared the motion is carAsd and a one-yearns extension is granted
to Burke Building Company.
The secretary read the communication dated July 15, 1958 from Mayor William Brashear
regarding several items discussed with Commission at the Study Meeting July 8, 1958,
Upon a motion duly made by Mr. Anderson, supported by Mr. Angevine and unanimously
adopted, it was
#7-185-58 RESOLVED that, invoice from The Livonian in the amount of $66.70
stand approved and will be forwarded to the proper department
for payment.
The Chairman declared the foregoing resolution adopted.
Upon a motion duly made by Mr. Anderson, supported by Mr. Angevine and unanimously
adopted this 93rd Regular Meeting was duly adjourned at approximately 12:15 a.m.
July 16, 1958.
1110 R. L. Angev&7r°'",e, Secretary
ATTESTED:
William R. Robinson, Chairman