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HomeMy WebLinkAboutPLANNING MINUTES 1958-07-22 . • 2110 MINUTES OF THE 89TH SPECIAL MEETING AND A PUBLIC HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On July 22, 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. Chair- man William R. Robinson called the Special Meeting to order at approximately 8:10 p.m. Members present: Denpis Anderson, Robert L. Angevine, William R. Robinson, H. Paul Harsha, Charles Walker and Leonard Kane Members absent: Wilfred Okerstrom, Robert Peacock and *Robert L. Greene Mr. Charles Pinto, Asst. City Attorney was present along with approximately 75 persons in the audience. Mr. Robinson informed those in audience that Petition M-119 has been withdrawn as per request from the petitioner. *Mr. Robert L. Greene arrived at approximately 8:15 p.m. The secretary announced the first item on the agenda was Petition M-120 by J. E. Wilder Construction Company requesting permission to construct a one-story Knights of Columbus located on the North side of Schoolcraft Road between Eckles and New- burg Roads, approximately 750 feet East of Eckles Road in the Southwest 1/4 of Section 19. I: Mr. N. J. Gerondale, representing J. E. Wilder Construction Company stated the dimension of property in petition is 3004 x 8004. Mr. Angevine asked if there was a building on the property at present. Mr. Gerondale stated there is - the owner of the property resided in building but intended to leave when the Knights of Columbus Hall is erected. Upon a motion duly made by Mr. Harsha and supported by Mr. Walker, it was #7-186-58 RESOLVED that, pursuant to a Public Hearing having been held on July 22, 1958, the City Planning Commission does hereby grant Petition M-120 by J. E. Wilder Construction Company requesting permission to construct a one-story Knights of Columbus Hall located on the North side of Schoolcraft Road between Eckles and Newburg Roads situated in the Southwest 1/4 of Sectionl9, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. fl roll call vote on the foregoing resolution resulted in the following: AYES: Kane, Walker, Harsha, Angevine and Robinson NAYS: None NOT VOTING: Anderson and Greene The Chairman declared the motion is carried and petition is granted. Upon a motion duly made by Mr. Walker, supported by Mr. Anderson and unanimously adopted, it was 2111 #7-187-58 RESOLVED that, L. V. Meyers requesting permission to operate a used car lot located on the Southeast side of Ann Arbor Road 1[40 situated in the Northeast 1/4 of Section 31, be allowed to with- draw his petition M-119, and FURTHER RESOLVED, atice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary announced the next item on the agenda was Petition M-122 by Joseph Kaufman requesting permission to install a cleaning establishment (retail store only) on the South side of Plymouth Road between Wayne and Yale Roads and situated in the Northwest 1/4 of Section 33 (on the Southeast corner of Plymouth and Yale Roads). Mr. Kaufman, who was present, stated his store was part of the shopping center. Mr. Walker inquired as to how many stores were in shopping center. It was ascertained there were four stores, the cleaning store being at the East end of shopping center. Mr. Kaufman stated the cleaning process was of a synthetic operation, non-combustibl, Stated this is not a pickup store, that all work is done on the premises. There was no one in audience who wished to speak and no further questions from the Commission. Mr. Kaufman stated he had written consent of owners of frontage of property immediately abutting the premises. Mr. Pinto inquired if the sub-section (j), Section 11.02 requirement stating "...and the written consent of the owners of seventy (70) per cent of the frontage of all property within three hundred (300) feet of such premises and not separated therefrom by more than one street or alley yr had been complied with. Mr. Kane stated the final phase of said sub-section clears the matter up. Mr. Harsha stated that in regard to another cleaning establishment given approval ay the City Planning Commission, that the petitioner had received written consent from the property owners in back of said cleaning store. Mr. Robinson stated that he felt that this ordinance does not necessarily mean the property in back. Mr. Pinto stated he had not made his inquiry so as to prevent the petitioner from receiving his approval, but felt that he would be remiss in his duty if he had not asked. Mr. Kaufman stated neighboring townships and communities do not have such a restriction in their City Code. Mr. Robinson stated'that the ordinance will have to be enforced as it reads. 1[40 Mr. Kaufman felt that one or two property owners could prevent him from having a cleaning store. Mr. Pinto stated he would need 70% of the property, not 70% of the owners within 300 feet. Mr. Pinto stated that approval could be given to petition subject to the petitioner bringing in the consent of the 70% of property within 300 feet. 2112 Mr. Kane stated he objected to the Public Hearing notice reading "retail store only". Mr. Angevine said it could be misleading. Mr. Harsha stated he understood the petition was only for a pick up store. Mr. Kaufman stated he wouldn't have to come before the Planning Commission for a pickup store. Mr. Robinson requested Mr. Angevine to read the Public Hering Notice that was mailer out to all persons within 500 feet of said premises in petition. Mr.Greene stated it was confusing and would it be advisable to mail out a new noticE Mr. Harsha staled the notice had been technically correct. Mr. Pinto stated he felt that property owners within 500 feet had been notified and have had ample time to question this notice and that there had been no objections from the audience tonight. Mr. Leonard Kane was excused from meeting at approximately 8:40 p.m. to represent the City Planning Commission at the Study Meeting of the City Council, being held in an adjoining room. Mr. Robinson asked Mr. Angevine to poll the Commission on whether or not they felt that the Public Hearing notice had been sufficient as to the real nature of the establishment. AYES: None IL: NAYS: Anderson, Greene, Walker and Angevine NOT-VOTING: Harsha and Robinson Mr. Robinson declared the poll is taken and the decision is that the Public Hearing notice will be sent out again for the next Regular Meeting scheduled for August 19, 1958. Mr. Greene suggested to the petitioner, Mr. Kaufman, that he comply with the ordinance before the next Public Hearing. Upon a motion duly made by An, Greene, supported by Mr. Walker and unanimously adopted, it was #7-188-58 RESOLVED that, this Public Hearing be adjourned at approximately 8:50 p.m. The Chairman declared the foregoing resolution adopted and called the 89th Special Meeting to order at approximately 8:51 p.m. The secretary announced the next item was Petition M-116 by Herbert Shevin request- ing permission to establish a dry-cleaning plant in Outlot A, Merri-Five Mile Sub- d ivisionlocated on the North side of Five Mile Road between Merriman and Bain- bridge, situated in the Southwest 1/4 of Section 14. Public Hearing held July 15, 1958 at which time item was taken under advisement. Mr. Shevin was present. Mr. Robinson informed the omission that thisitem had been added at the end of the meeting in order to give the Commission time to discuss the matter. Request was made by petitioner to consider it tonight because of the delay of the next scheduled melting. Mr. Harsha asked if the Commission had right to classify that this cleaning 2113 establishment be of a certain type of plant and could it be included in motion. Mr. Shevin stated that the Michigan Departmertt of Health was a governing body under which all cleaning plants are managed. Mr. Greene questioned whether the Commission could legally make a part of the motion the type of plant. Mr. Walker stated that any cleaning plant has to be approved by the Fire Marshall and the State Police. Could not see why Commission could not state what kind of plant. Upon a motion duly made by Mr. Marsha, supported by Mr. Greene and unanimously adopted, it was #7-Z89-58 RESOLVED that, pursuant to a Public Hearing having been held on July 15, 1958, the City Planning Commission does hereby grant Petition M-116 by Herbert Shevin requesting permission to establish a dry-cleaning plant on Cutlot A, Merri-Five Mile Subdivision located on the North side of Five Mile Road between Merriman and Bainbridge, situated in the Southwest 1/4 of Section 14, provided that such plant will use a non-flammable Grade 4 Solvent, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 ,,feet, petitioner and City Departments as listed in the Proof of Service. The Chairman declared the motion is carried and petition is granted. 1[40 The secretary announced the next item on the agenda was the Koloff9s Greenbriar Meadows Subdivision asking for final approval of said 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. Upon a motion duly made by 'r. Greene, supported by Mr. Walker and unanimously adopted, it was #7-190-58 RESOLVED that, final plat of the Koloff4s Greenbriar Meadows Sub- division located on the South side of Five Mile Road situated in the Northwest 1/4 of Section 21 , 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 February 4, 1958; and it further appearing that said proposed plat together with the plans and specifications for improvements for improvements therein have been approved by the Department of Public Works under date of May 21, 1958; and it further appearing that a bond in the amount of $75,000.00 to cover the installation of improvements has been filed in the office of the City Clerk under date of July 22, 1958; such bond having been approved by Charles J. Pinto, Assistant City Attorney on July 22, 1958 it would therefore appear that all the conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. The Chairman declared the motion is carried and final approval is given to the Koloff9s Greenbriar Meadows Subdivision. 2114 Ths @hail Stated that the next item on the agenda was the proposed Fairfax Sub- ": division lccated on the East sideof Purlingbrook Road between Bretton Road and St. Martins Avenue and situated in the Southeast 1/4 of Section 2. This plat has not had a Public Hearing as yet. It is tentatively scheduled for August 19, 1958 at the same time that a petition for rezoning area is scheduled. The expiration date for the plat is August 15, 1958, action should be taken now since the meeting is after the expiration date. This plat cannot be heard before then because there are no meetings scheduled until August 19, 1958. Suggested Commission deny plat effective August 15, 1958. If petitioner signs waiver before effective date, plat can be heard at the August 19, 1958 meeting. Mr. Walker asked if it was the intention of the Commission to send petitioner a waiver. Mr. Robinson stated "yes" if the Commission is agreeable. Mr. Walker mad -the .following'uiotibn which he^withdrew after further consideration: RESOLVED that, City Planning Commission does hereby request the proprietor of the proposed Fairfax Subdivision located on the East side of Purlingbrook Road between Bretton Road and St. Martins Avenue and situated in the Southeast 1/4 of Section 2, submit a 60 day waiver of the 60 day statutory period con- tained in MSA 5.3005 and that if such waiver is not received by August 15, 1958 that the City Planning Commission does hereby determine that the proposed Fairfax Subdivision plat be denied. Mr. Pinto stated that a reason must be given for denying petition. Mr. Greene suggested legal department word the correct reason. Mr. Pinto stated that the reason could be that the lots in the proposed subdivision do not conform with the zoning in the platted area and consequently subdivision is denied without prejudice because the Planning Commission has not had time to con- sider the zoning petition and plat. Mr. Walker asked if this resolution denying subdivision would be valid in court since there has been no Public Hearing. Mr. Pinto stated he would rather see this than giving the plat tentative approval which would not be legal since the zoning has not been approved. Mr. Pinto stated that the petitioner can be informed that the Commission has not had an opportunity to hold a Public Hearing and that he resubmit his plat after the zoning has been approved. The Plat Act states subdivision plat must be approved or disapproved within 60 days and that it is strictly enforced. Mr. Robinson asked if the effective date can be inserted. Upon a motion duly made by Mr. Greene and supported by Mr. Angevine, it was #7-191-58 RESOLVED that, the proprietor of the proposed Fairfax ''ubdivision to be located in the Southeast 1/4 of Section 2 of the City of Livonia, is hereby requested to waive ind consent to an extension 1[40 of the sixty day period prescribed in Act 285 of the Public Acts of 1931 within which time the Planning Commission must act on a proposed plat, such waiver and consent to be in writing; and RESOLVED FURTHER, that in the event such written waiver and con- sent is not received prior to August 15, 1958, the Planning M 2115 Commission does herein deny the plat for the proposed Fairfax Sub- ": division without prejudice and effective August 15, 1958 fc'r the following reasons: (a) The lot sizes shown on said proposed plat are not in conformity with the existing zoning classification of the property encom- passed by such proposed plat; (b) The proprietor must therefore petition for and secure the necessary change of zoning classification in order that this Commission may properly consider approving said proposed plat; and (c) For the further reason that this Planning Commission is not able to schedule a Public Hearing on said proposed plat within the time limit prescribed by law. Mr. Greene stated that it might be wise to not accept any subdivision plats which require rezoning until the zoning has been approved. Mr. Pinto stated this could be done and if the petitioner insists upon submitting his plat inform his that he may have to sign a waiver because of the 60 day statutory law. A roll call vote on Resolution No. 7-191-58 resulted in the following: AYES: Anderson, Greene, "cY.a, Angevine and Robinson NAYS: None NOT VOTING: Walker The Chairman declared the motion is carried and proposed Fairfax Subdivision is denied effective August 15, 1958. Upon a motion duly made by Mr. Greene, supported by Mr. Anderson and unanimously adopted, it was resolved that this Special Meeting be adjourned at 9:30 p.m., Tuesday, July 22, 1958. D4 . L. Angev' e, Secretary ATTESTED: William R. Robinson, Chairman