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HomeMy WebLinkAboutPLANNING MINUTES 1959-01-06 2350 MINUTES OF TH7 101ST SPECIAL MEETING AND A PUBLIC HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On January 6, 1959 the City Planning Commission of the City of Livonia held a Public Hearing and the 101st Special Meeting at the Livonia City Hall, 33001 Five mile Road, Livonia Michigan. Mr. H. Paul Harsha, Vice-Chairman, called the Public Hearing to order at approximately 8:15 p.m. in the a bsence of Mr. Robert L. Angevine, Chairman. Members Prese:it : H. Paul Harsha, Robinson,- Wilfred Okerstrom Charles Walker, Leonard Kane, Robert Peacock,. Dennis Anderson & # Robert L. Greene Members absent : Robert L. Angevine Mr. David Mc Cullough, City Planner a nd Mr. Rodney Kropf, Asst. City Attorney, were present along with approximately 20 interested persons. Mr. Mc Cullough, announced the first item on the agenda was the proposed Stark Gardens Subd ivision being a part of the Southwest 1/4 of Section 21, located on the North side of Schoolcraft approx li: imately 1300 feet vest of Gill Road. Submitted by Morris Friedman, Morris Building Company on December 10, 1958.. Mr. Donald Geake, engineer and Mr. Morris Friedman were present .. Mr. Mc Cullough submitted a letter dated January 6, 1959 from the Bureau of Inspection, a letter dated January 6, 1959 from the Police Department and letters dated respectively August 19,. August 22, and October 14, 1958 from the Parks & Recreation Commission. Mr. Harsha, Chairman of the Plat Committee, stated that Lyndon Road is presently designated as 86 ' wide on the Master Thoroughfare Plan of the City of Livonia and that it would require action on the Planning Commission's part to amend this to 60' wide as it is shown on the proposed plat . Also stated that the blocks in many cases were over 800 ft . long which would require the developer to put in crossw alks especially on Gary Lane in order to be able to reach the school without having to walk completely around. Questioned the 6' easement on each side of the 80' Gates Drain,. whether or not it should not be 12' Mr. Friedman stated that the reason Lyndon Road was designated as 60 ' on his proposed plat was because they had followed a plat that had been given preliminary approval which also designated Lyndon as 60' vvide. Mr. Geake asked if it was necessary to have crosswalks as suggested by Mr . Harsha. Mr.. Harsha stated that the Planning Commission would insist on a crosswalk where it adjoins a school site. Mr. Robinson stated he felt that 6 ' easement designated along the 80' Gates drain should be sufficient, that it would not require 2351 a 12' easement . 1: Mr. Peacock stated he felt that one of the streets called Janet Court West a nd Janet Court East should be changed. Mr . Friedman stated this could be done . There was no one in the audience who wished to speak either in favor or opposed to proposed subdivision plat . It was ascertained that this plat was located approximately 330 feet east of the proposed Merucci Bros. subdivision. Mr. Walker stated he felt because of the controversy of Yale Ave . this plat should be taken under advisement until it was further discussed a t a study meeting; that it should definitely be known where it will be designated before this plat is acted upon. Mr. Mc Cullough stated that a meeting with the Traffic Commission and Merucci Bros. has been scheduled to discuss it further. Mr. Harsha stated that this item will be taken under advisement. # Mr. Dennis Anderson arrived at approximately 8:35 p.m. Mr. Geake asked the Commission whether the 75' set back on School- craft would include the 34' marginal access street or would the 34' marginal access street be in addition to the 75 ft. set back. Mr. Harsha felt it would start from the property line but asked the opinion of the assis tant attorney, Mr. Kropf. Mr. Kropf stated that the ordinance did not contemplate a marginal access drive, and that he was not prepared to say whether the Council meant that road to be included or not . S tated further that the Council was holding a Study Meeting tonight a nd he would attempt to ascertain their feelings. Mr. Cullough announced the next item on the agenda was the pro- posed Sunset Manor Subdivision being a part of the Southeast and Southwest 1/4 of Section 11 located on the North side of Six Mile Road approximately 2000 feet West of Middlebelt Road. Submitted by the Donna Development Company on December 17, 1958. Mr. Spoon was present along with Mr. Warner of Warner and Warner. Mr. Mc Cullough submitted a letter dated January 6, 1959 from the Bureau of Inspection, a letter dated January 5, 1959 from the Livonia Fire Department, a letter dated January 5, 1959 from the Police Department. Mr. Robinson of the Plat Committee stated that the plat app eared to be in order. Mr. Harsha asked if there was anyone in the audience who wished to speak in favor or opposed to subdivision. Mr. 0. H edges, 30320 W. Six Mile Road suggested that Lots 226 and 227, be turned a round so as to face Six Mile Road, each having a frontage of 74 feet with a depth of 150 ft. Stated he felt this would be more in keeping with the surrounding homes which ^+- heck of approximately 88 ft. 2352 Mr. Robinson suggested that tae builder have a 40 ft . set back from Six Mile Road in order that Mr. Hedges would only face the back of the home on the lot next to his . Mr. Spoon stated that this would be agreeable. Mr. Peacock stated if the lots were turned so as to face Six Mile Road, he did not believe there would be room for an attached garage on the 74 ' frontage and then Mr. Hedges wo uld be looking at a garage instead of the back of a home. Upon a motion duly made by Mr. Peacock, supported by Mr. Robinson, it was #1-1-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, January 6, 1959, the City Pla nning Commission does hereby give a pproval to preliminary plat of the proposed Sunset Manor Subdivision located in the Southeast and Southwest 1/4 of Section 11, subject, how- ever, to the following conditions : (1) that the City Planning Commission subsequently delete from or relocate Purlingbrook on the Master Thoroughfare Plan; (2) that Norcrest be renamed Sunset, and Milburn be re- named Hillcrest and some new name be given to Bennett; 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, 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: Peacock, Kane, Walker, Anderson, Okerstrom Robinson and Harsha NAYS: None Mr. Mc Cullough announced the next item on the agenda was the proposed Bonnydale Subdivision #3 being a part of the Southeast 1/4 of Section 17 located on the North side of Five Mile Road, 2600 feet east of Newburgh Road. Submitted by rJarner & Warner on behalf of the Bonadeo Corporation on December 17, 1958. Mr. 1garner was present representing Bonadeo Corporation, along with Mr. Cohn. Mr. Harsha, Chairman of the Plat Committee stated that several lots on Kingsbury and Roycroft will have to be increased to 70 ft . in width; any block over 800 ft. long will require crosswalks;, 2353 the creek in the north end of the subdivision should not run off on lots in the immediate vicinity, what is intended to prevent this; what will outlots A and B be used for and what a re their present zoning classification. Mr. Warner stated that the water will not run off onto the lots, that this will be taken care of. Mr. Okerstrom stated he p referred to have Golfview Drive straight, but Mr. Mc Cullough and Mr. Robinson felt that they could not concur with Mr. Okerstrom. Mr. Walker stated he did not feel that a 60' walk was necessary to the pa rk site, would prefer a 10 ' walk way in its place . Mr. Robinson asked Mr. Cohn what was Outlot B intended for. Mr. Cohn stated it was intended to leave this Outlot as it is for the present until such time as the Outlot in the Kingsbury Sub- division, ub-division, immediately to the west of Bonnydale, is developed. Stated further that Outlot A is being reserved for Professional Services. Mr. Mc Cullough s tated the zoning for these two Outlots was presently R1A. Mr. Harsha stated that the matter of the crosswalks should be discussed and that a few street names would also have to be changed. There was no one in the audience who wished to speak either in favor or opposed to subdivision. Mr. Anderson stated he felt that this item should be taken under advisement for further study. Mr. Harsha stated that the width of the lots on the eyebrow will have to conform with the 70' , that on a true cul-de-sac 5' less is allowed but not on an eyebrow. The Chairman declared that this item will be taken under advisement. Mr. Mc Cullough announced that the next item on the agenda was Petition M-144 by Alma Marie Sigman requesting permission to fill in the land so it will be level with P.Iiddlebelt Road,said prop- erty being located on the South side of Munger approximately 200 ft . "est of Middlebelt Road in the Northeast 1/4 of Section 14 on Lot 42 of the Livrance Estates Subdivision. Mr. Sigman was present representing Mrs . Alma Marie Sigman. Mr. Mc Cullough stated there was no topographical survey on hand but that one had been requested from the petitioner but that there hadn't been sufficient time to have one made. The commissioners examined the plat book to determine where the area was located. Mr. Robinson stated he felt that the Engineering Department should 2354 E send in a recommendation on this item before action is taken, Mr. Harsha asked if there was anyone in the audience who wished to speak in favor or opposed to petition. Mrs . Alice Elto, 29521 Munger, Mr. Michael 4unich, 16751 Middlebelt, Mr. James Butcher, 16750 i.4iddlebelt, Mr. ' illiam Galeone, 16888 Middlebelt and Mrs . Katherine Newall, 16815 Middlebelt stated they had no objection to the petition ana felt that it would be an improvement. Mr. McCullough suggested that the petitioner obtain a topo survey of the presently existing land and also a topo showing the pro- posed fill in for the Engineering Department in order that they may make a recommendation to the Planning Commission. Mr. Harsha stated this item would be taken under advisement . Upon a motion duly made by Mr. Okerstrom, supported by Mr. Kane, and unanimously adopted, it was #1-2-59 RESOLVED that, the Planning Commission does hereby duly adjourn the Public Hearing at approximately 9:05 p.m. Tuesday, January 6, 1959. # Mr. Greene arrived at approximately 9 :06 p.m. , Mr. Harsha called a recess at 9:07 P.M. , The 101st. Special Meeting was called to order by Mr. Harsha, Vice-Chairman with all those present now who were present at the time recess had been called, with the exception of Mr. Leonard Kane who was excused for the study session of the City Council. Mr. Mc Cullough announced the first item on the agenda for the 101st Special Meeting was a letter dated December 1, 1958 from Harry Slatkin Builders, Inc. , requesting a one year extension on Country Homes Subdivision No. 5 located on the Northeast corner of Five Mile and Newburgh Roa ds in the Southwest 1/4 of Section 17. Preliminary approval granted January 7, 1958. Special Meet- ing December 23, 1958, item taken under advisement until changes made on plat. Mr. Hermanoff and Mr . Hamill were present. Mr. Mc Cullough stated that the developer has complied with the recommendations made a t the last meeting and that a revised plat has been submitted which include these recommendations. A letter dated December 23, 1958 was submitted from the Department of Public i'forks in relation to dO drainage easement along North line of subdivision. The Planning Commission examined the revised plat. Mr. Mc Cullougl.i asked Mr. Kropf his opinion on whether or not the corner of Five Mile Road and Newburgh is zoned C-2 or R1A. Mr. Kropf stated that the prior map, the map included with the Zoning Ordinance book, is correct and that an error had been made when the present map was revised. Mr. Hermanoff requested that the name of the subdivision be changed 2355 to Country Homes Estates Subdivision. Upon a motion duly made by Mr. Peacock, it was #1- -58 RESOLVED tha t, the City Planning Commission does hereby grant an extension of one year to Harry Slatkin Builders, Inc. , on their revised Country Homes Estates Subdivision d ated January 6, 1959, subject, however, to the follow- ing conditions : (1) that the Planning Commission subsequently amend the Master Thoroughfare Plan so as to either delete or relo- cate Oakdale: (2) that if the Planning Commission subsequently decides to relocate Oakdale the developer shall furnish the City an engineering description of the relocated centerline; (3) that pedestrian right of ways be constructed in con- formance with the subdivision rules a nd regulations un- less prior to the time when construction is undertaken, the subdivision rules and regulations are amended to eliminate the necessity of providing them. Mr. Walker asked if it cannot be determined now whether the Com- mission is going to delete or relocate Oakdale. Stated further he did not like the wording . of the resolution. Mr. Robinson stated that the Commission has the option of whether to delete or relocate but felt it was not necessary at this time to determine the action. He asked Mr. Mc Cullough what his recommendation w as in relation to the 1/2 mile road in this location. Mr. Mc Cullough stated he felt that the 1/2 mile road was necessary in this case . Mr. Walker felt that the phrase, " relocate Oakdale" should be used instead of "delete" because the Engineering Department has requested that the 80' easement be located where it is. Mr. Robinson asked if the next developer should be burdened with the 1/2 mile road. Mr. Hermanoff stated that their portion of the easement, 40' wide, will be dedicated to the City and that the easement could not be relocated because the drain is needed for the property to the east of the proposed plat. The motion made by Mr. Peacock died for lack of support, as the Commission felt that this item required further study. Mr. Hermanoff stated the expiration date on the preliminary approval was January 7, 1959. What would happen to his plat as the 7th was the very next day . 2356 Upon a motion duly made by Hr. Robinson, supported by Mr. Anderson, it was #1-3-59 R SOLvED that the City Planning Commission does hereby grant a six (b) weekts extension to Harry Slatkin Builders, Inc. , on the original plat of Country Homes Estates Subdivision, (formerly Country Homes Subdivision #5) located in the Southwest 1/4 of Section 17. A roll call cote on the foregoing resolution resulted in the follow ing: AYES: Peacock, Talker, Anderson, Okerstroin, Robinson aid Harsha NAY": Green Mr. Harsha declared the motion is ca rried and extension of 6 weeks is granted to Country Homes Estate s Subdivision. Mr. Mc Cullough anno unced the next item on the agenda was the final approval of Brentwood Gardens Subdivision submitted by Carey Homes, Inc., located on the East side of Brentwood Avenue approximately 300 feet south of Se ven Mile Road and situated in the Northwest 1/4 of S ection 12. Preliminary approval gran ted October 7, 1958. Mr. Karabelnick was present, and stated that no changes have been made since the preliminary approval had been granted. Upon a motion duly made by Mr. Robinson, supported by Mr. Walker and unanimously adopted, it was #1-4-59 RESOLVED that, final plat of Brentwood Gradens Subdivision in the Northwest 1/4 of Se ction 12 be given final approval, subject to receiving the bond as stipulated, and FURTHER RE._OLVED, inasmuch as it appears on the records that tentative approval of said proposed plat w as given by the City Planning Commission October 7, 1958; and it further appearing that said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public 'orks under date of November 7, 1958; and it further appearing that a bond in the amount of 0.300.00 to cover the installation of improve- ments has been filed in the office of the City Clerk; such bond having been approved by Mr. Rodney C. Kropf, Assist- ant City Attorney it would therefore appear that all the conditions necessary to the release of building permits have been met a nd the Building Department is hereby so notified. 2357 The Chairman declared the motion is carried and resolution is adopted. Mr. Mc Cullough announced the next item on the a genda was proposed Idyl Wyld Estates Subdivision submitted by John F. Uznis Builders, Inc. located on the South side of Five Mile Road approximately 1300 ft . East of Levan in the Northeast 1/4 of Section 20. Public Hearing December 16, 1958, item taken under advisement until the rezoning of property was approved by Council, Mr. Uznis was present with a revised plat. The Commissioners examined the revised plat, followed by a brief discussion. Upon a motion duly ma de by Mr. Peacock, supported by Mr. Robinson and unanimously adopted, it was #1 -5-58 RESOLVED that, pursuant to a Public Hearing having been held on December 16, 1958 the City Planning Commission. does hereby give approval to the preliminary plat of the Idyl Wyld Estates Subdivision located in the Northeast 1/4 of Section 20 subject, however, to the following conditions : (1) that the subdivider pave the full width of Lyndon from its western terminus on the plat to the eastern terminus thereof: (2) that Sharon be renamed Jamison and Jamison be renamed to Meadowbrook, 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, Fire Department, Police Department, Parks and Recreation Department and Members of the Plat Committee. The Chairman declared the foregoing resolution is adopted. Mr. Mc Cullough announced the next item on the agenda was Petition 7-339 by Kenneth M Phillips asking for a change of zoning class- ification on a parcel of land located on the Southeast corner of W. Chicago Blvd. , and Middlebelt Road in the Southwest 1/ of Section 36 from RUFB to PS. Public Hearing December 23, 195 item taken under advisement until petitioner submits a plot plan of area. Mr. Phillips present . Mr. Mc Cullough stated that Mr. Phillips has submitted a plot plan which the objecting property owners feel will comply with their wishes. Upon a motion duly made by Mr. Robinson, supported by Mr. Okerstrom and unanimously adopted, it was 2358 #1-6-59 RESOLVED that, pursuant to a Public Hearing having been held on Petition 7-339 as submitted by Kenneth M. Phillips for a change of zoning in the Southwest 1/4 of Section 36 from RUFB to PS, the City Planning Commission does hereby recommend to the City Council that Petition 7-339 be gra nted subject to the conditions that the buildings be erected a ccording to sketch submitted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of December 24, and notice of which hearing was sent to The Detroit Edison Co. , Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Co. , City Departments and petitioner as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. Mr. Mc Cullough announced that the next item on the agenda was a motion by the City Planning Commission to hold a public hearing pursuant to City Council's resolution #801-58 to determine whether or not to rezone Section 19, 20, 21, so as to allow lots with a minimum frontage of 60 feet a ,d lot area of 7200 sq. ft . Mr. Ha rsha stated he felt that a written opinion from the legal department should be obtained before the Commission makes a motion to hold a public hearing on this item. The other members of the Commission concurred with Mr. Harsha. This item was taken under advisement. Mr. Mc Cullough a nnounced the next item on the agenda was the proposed Midas Subdivision submitted by Nat Rosenberg located South of Five Mile Road approximately 1000 ft. West of Ashurst Road in the Northwest 1/4 of Section 21. Public Hearing June 3, 1958, item taken under advisement until revised plans are submitted. Two 90 day waivers signed, expiration date January 21, 1959. Study Meeting December 9, 1958. Mr. Mc Cullough stated that the developer has been contacted numerous times and has failed to comply with the recommendations made by him. Upon a motion duly made by Mr. Robinson, supported by Mr. Walker, it was #1-7-59RESOLVED tha t, pursuant to a Public Hearing having been held on Tuesday, June 3, 1958, the City Planning Commission does hereby deny approval to preliminary plat of the Midas Subdivision in the Northwest 1/4 of Section 21 for the reason that it does not comply with Sections 3.02 (d) , 1: (e) and (f) of the Subdivision Rules and Regulations, 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 2359 together with notice having been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department, Parks & Recreation Department and Members of the Plat Committee. A roll call vote on the foregoing resolution resulted in the following: AYES : Peacock, Walker, Anderson, Okerstrom, Greene and Robinson NAYS: None NOT VOTING: Harsha The Chairman declared the foregoing resolution is adopted. Mr. Mc Cullough announced the next item on the a genda was the final approval, the second part of Koloff 's Greenbriar Estates Subdivision in the Northwest 1/4 of Section 21. Mr. Koloff stated that the bond is to ue approved by the Council at their meeting on January 12, 1959 and suggested that final approval be granted subject to the bond being received at that time . Mr. Harsha ruled that until all conditions precedent to Planning Commission's a pproval are met, he felt that the Planning Commission cannot act on this tonight. Mr. Mc Cullough announced that the next item on the agenda was Petition M..143 by Peter A. Ventura requesting permission to operate a new convalescent home with modern equipment and facilities on property located on the east side of Middlebelt Road approximately 110 feet South of Grandon Avenue in the Southwest 1/4 of Section 36. Mr. Ventura present. Mr. Kropf stated that at the public hearing on this petition he ha d been asked for a legal opinion on whether or not the new PS ordinance automatically res tricted the use stated in the PS ordinance from the R-2 ordinance. Stated further that the Council had intended to restrict certain uses but they never were due to an oversight. Under the present R-2 ordinance the use requested by Mr. Ventura is permissible, and action can be taken on the petition as submitted. Mr. Greene stated if it has been an oversight, the Planning Commission could rectify this by revising the R-2 ordinance and eliminate the uses that are now in the PS ordinance. Mr. Harsha a sked Mr. Ventura if he understood that if approval is granted tonight on this petition, and in the meantime, the Planning Commission revises the R-2 and eliminates his use from the ordin- ance, that he would be left with a non-conforming use. Mr. Ventura s tated if it wasn't for the time element he would not object to having this petition taken under advisement but felt that he would lose this business deal if he had to wait until the 2360 ordinance was amended and then to rezone his property to PS in order to be permitted to operate the convalescent home. Felt that if he was within his legal right, he would appreciate a decision tonight. Mr. Greene stated that the petitioner should be aware that it may develop that his will become a non-conforming use . Upon a motion duly made by Mr. Robinson, supported by kir. V;alker, it was #1-8-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, December 23, 1958, the City Planning Commission does hereby grant Petition M-143 by Peter A. Ventura requesting permission to operate a new convales- cent home on the East side of Middlebelt in the Southwest 1/4 of Section 36, and FURTHTRR RESOLVED, notice of the above hearing was sent to property owners within 500ft. , petitioner and City Depart- ments as listed in the Proof of Service . A roll ca 11 vote on the foregoing resolution resulted in the following: AYES: Walker, Anderson, Oke rstrom, Greene, Robinson and Harsha NAYS: Peacock The Chairman declared the foregoing resolution is adopted. Upon a motion duly made by Mr. Greene, supported by Mr. Anderson and unanimously adopted, it was #1-9-59 RESOLVED that, the City Planner review the R-1 and R-2 ordinances to eliminate from them any use presently allowed in the PS Ordinance. The Chairman declared the foregoing resolution is a dopted. Mr. Mc Cullough announced the next item on the agenda was Petition M-139 by Casimir C.Gawron, requesting permission to build a two- stall service station on the Southwest corner of Ann Arbor Trail and Ann Arbor Road and situated in the Northeast 1/4 of Section 31. Public Hearing December 2, 1958, item taken under advisement . Mr. Gawron, who was present, submitted the plans of the proposed gas station showing the dimensions, set back of the station and stated that the building originally slated to build of masonry will be an all porcelain structure . Mr . Mc Cullough stated that the gas station complies with all requirements of the new ordinance which applies to gas stations, except that it does not comply with the required 15,000 sq. ft. It was ascertained that a shopping center with parking in front will be built in the commercial area behind the proposed gas 2361 station.. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Greene, it wa s #1-10-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, December 2, 1958, the City Planning Commission does hereby gra nt Petition M-139 by Casimir C. Gawron requesting permission to build a two- stall service station in the Northeast 1/LE of Section 31, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 ft. , petitioner and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES : Peacock, Walker, Anderson, Okerstrom, Greene and Harsha NAYS: Robinson The Chairman declared the foregoing resolution is adopted. Upon a motion duly made by Mr. Robinson, supported by Mr. Anderson ' and unanimously adopted, this 101st Special Meeting was duly adjourned at approximately 10:50 p.m. Tuesday, January 6, 1959. William R. Robinson, Secretary ATTESTED: H. Paul Harsha, Vice Chairman