HomeMy WebLinkAboutPLANNING MINUTES 1959-08-18 MINUTES OF THE 106TH REGULAR MEETING
AND A PUBLIC HEARING OF THE CITY PLANNING
Ca1MISSIC(I OF THE CITY OF LIVONIA
On Tuesday, August 18, 1959 the City Planning Commission of the City of Livonia held
a Public Hearing and the 106th Regular Meeting at the Livonia City Hall, 33001 Five
Mile Road, Livonia, Michigan. Mr. H. Paul Marsha, Vice-Chairman, called the meeting
to order in the absence of Mr. Robert L. Angevine, Chairman, at approximately 5:15
p.m.
Members present: H. Paul Marsha, Wilfred Okerstrom, Robert M. Peacock, Leonard K.
Kane and Charles Walker.
Members absent : Robert L. Angevine*, William R. Robinson *, Dennis Anderson,
and Robert L. Greene.
Mr. David McCullough, City Planner and Mr. Rodney C. Kropf, Assistant City Attorney
were present along with approximately 75 interested persons.
Mr. McCullough announced the first item on the agenda was the proposed VIV Manor
Subdivision by the VIV Investment Company located on the East aide of Middlebelt
Road and approximately 180 ft. North of Roycroft in the Southwest 1/4 of Section 13.
Mr. McCullough submitted a letter dated July 1, 1959 from the Parks & Recreation
Department; a letter dated August 11, 1959 from the Fire Department; a letter dated
August 12, 1959 from the Traffic Bureau and a letter from the Bureau of Inspection
dated August 16, 1959. Mr. Saul Felsot was present representing petitioner.
Mr. Marsha asked if there was anyone in the audience who wished to speak either in
favor or opposed to proposed subdivision.
Mrs. Doris McCuen, 25220 Roycroft, asked where the storm water would drain; if there
would be much truck traffic during building; what type of home, frame or brick and
where would be property come from for the proposed street.
Mr. Felsot answered that the storm water would drain into a storm drain to the
northwest; that the truck traffic would be the usual amount necessary in building;
that they were making a purchase of the necessary property to provide for the
road.
Mr. Marsha also informed Mrs. McCuen that the Police Department had control over
the truck traffic during the building of the subdivision and that the Commission had
no control over the type of home to be built.
Mr. James "McCuen,2L220 Roycroft, asked if this subdivison would affect the C-2
zoning in the vicinity. Mr. Marsha answered it would not;that the Planning
Commission was only considering the property in the proposed subdivision. Mr. Mc-
Cuen asked why were the surrounding property owners notified. Mr. Harsha answered
this was in accordance with the ordinance.
Mr. Walker inquired as to what Outlot B is proposed for. Mr. Felsot stated they
did not own this property. Mr. Walker asked about the road which will run next
to this property. Mr. Felsot stated this road would be paved to Middlebelt although
the subdivision did not reach Middlebelt.
*Mr. Angevine arrived at approximately 8:30 p.m.
Mr. Marsha asked for the plat book in order to determine what the area was north of
the proposed subdivision. It was determined this property was a platted subdivision.
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IL Mr. Harsha asked Mr. Peacock to act as secretary in the absence of Mr. Robinson.
Upon a motion duly made by Mr. Kane, supported by Mr. Walker, it was
#8-247-59 RESOLVED that, pursuant to a Public Hearing having been held
on Tuesday, August lis, 1959 the City Planning Commission does
hereby give approval to the preliminary. plat of the VIV Manor
Subdivision in the Southwest 1/4 of Section 13 because it is
in conformity with the surrounding areas to the south,provided
however that certain street names be changed, and
FURTHER RESOLVED, notice of the above hearing was sent to the
abutting property owners, proprietor, City Dp artments as
listed in the Proof of Service and copies of the plat together
with notice having been sent to the Building Department, Super-
intendent of Schools, Fire Department, Police Department, Parks
& Recreation Department and Members of the Plat Committee.
Mr. Okerstrom asked if the petition er was agreeable to paving Garden Street the
full width. Mr. Felsot stated they were agreeable to doing so.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Walker, Kane, Okerstrom, Peacock and Harsha
NAYS: None
NOT VOTING: Angevine
Mr. Angevine presided as Chairman for the remainder of the meeting.
Mr. McCullough announced the next item on the agenda was Petition M-164 by Joseph
Cyr, Architect & Associates requesting permission to buildchurchon the South side
of Jamison between Middlebelt and Garden in the Northwest 1/4 of Section 24. Mr.
Cyr was present with a more complete plot plan of proposed church.
There was a brief discussion as to whether or not the temporary church or the
permanent church was to be acted upon at this time. The plot plan had shown both
in addition to a school building which was to be built in the future.
, only
Mr. Walker asked if improvements for the temporary church/Would be installed or
for the entire layout. Mr. Cyr stated all improvements would be installed at this
time.
Mr. Walker asked if the commission acted upon only the church at this time, would
this have any effect on the improvements for the remaining building. Mr. Harsha
stated that the commission could only act upon the church at this time, since the
petition requested only the approval for erecting a church.
Mr. Angev ine asked if there was anyone in the audience who wished to speak in favor
or opposed to petition.
Mr. Ernest Carlson, 14906 Haller, questioned the drainage problem in this area.
I[: Mrs. P. Silcaski, 14923 Haller asked who was going to pay for the street (Jamison).
Mr. Cyr stated that the Archdiocese would pay for half and the City was going to
pay for the other half. It was to be a 60 ft. street. Mrs. Silcaski asked about
the drainage. Mr. Cyr answered they were intending to tie into a 30 inch sewer
at the corner of Jamison and Garden. As for the sanitary sewer he stated it had
not been completely decided by the Engineering Department where it was to be tied
into.
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1: Mr. Angevine stated that the matter of improvements was not under the control of
the planning commission.
The question was asked if the church was to face Jamison or Garden. Mr. Cyr answered
it was to face Jamison but that it was going to be set back approximately 160 ft.
from Jamison.
The question was also raised as to whether a survey had been made in relation to
the traffic which will be created with the new church. It was determined that no
recommendation had been received from the traffic department. It was also stated
at this time that Jamison would not be paved but would be a gravel road.
Mr. William Robinson arrived at approximately P:45 p.m. and presided as Secretary
for the remainder of the meeting.
Mr. Walker asked if it should be indicated in the resolution to approve petition
that it was an approval for a temporary church rather than a permanent church.
Mr. Angevine stated he could see no reason for this since it was to be a permanent
building.
Mr. Peacock suggested it being specified in the resolution to approve a permanent
building for a temporary church.
Upon a motion duly made by Mr. Peacock, supported by Mr. Walker, it was
#8- -59 RESOLVED that, pursuant to a Public Hearing having been held on
Tuesday, August 18, 1959 the City Planning Commission does hereby
grant Petition M-164 of Joseph Cyr requesting permission to erect
a permanent building for a tempoary church, 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.
Mr. Harsha stated he did not feel that he could vote on the foregoing resolution as
it is worded; that a church is a church whether it be permanent or temporary.
Mr. Peacock stated he only felt that this would clarify the matter.
Mr. Cyr stated that the petition has asked for permission to build a church. The
word temporary ir!'only on the plot plan.
Mr. Angevine asked Mr. Peacock if he was willing to remove the word utemporary"
from the resolution.
Mr. Okerstrom stated that before action san be taken on any resolution the matter
of the right-of-way of Jamison should be clarified. A report from the Traffic
Commission should be obtained before approval is granted.
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Mr. Cyr stated htaha at the present time t City is working on Jamison. They have
dedicated their o the city and the City now in the process of graveling it.
Mr. Peacock stated he would like to withdraw his motion to approve petition:,until such
time the question of improving Jamison is settled.
Mr. Walker stated he would withdraw his support.
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1[: Upon a motion duly made by Mr. Kane, supported by Mr. Harsha, it was
#8- -59 RESOLVED that, pursuant to a Public Hearing having been held
on Tuesday, August 18, 1959 the City Planning Commission does
hereby grant Petiion M-164 by Jospeh Cyr requesting permission
to erect a church in the Northwest 1/4 of Section 24, 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.
Mr. Peacock asked Mr. Kane if he was suggesting approving petition before determining
whether or not the street would be improved for the-full width.
Mr. Kane answered that the commission has approved subdivisions with half streets,
why not this church.
Mr. Angevine stated a motion was on the floor.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Kane, Harsha and Angevine
NAYS: Peacock, Walker and Okerstrom
NOT VCTING: Robinson
Mr. Angevine declared it was a tie vote that the petition would be taken under
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advisement.
Mr. McCullough announced the next item on the agenda was the proposed Bretton
Gardens Colony #2 by Carey Homes, Inc., located on the North side of St. Francis
and approximately 400 ft. East of Middlebelt Road in the Southeast 1/4 of Section 2.
Mr. Harry Wright present representing Carey Homes, Inc.
Mr. McCullough submitted letters dated August 12, 1959 from Police Department and
Clarenceville Public Schools; a letter dated August 11, 19 A from the Fire Depart-
ment and a letter dated August 18, 1959 from the Bureau of Inspection.
Mr. Angevine asked if there was anyone in the audience who wished to speak either in
favor or opposed to petition.
Mr. Wright explained this proposed subdivision was a replat of parcels that had
been split more than once.
Upon a motion duly made by Mr. Kane, supported by Mr. Walker it was
#8-248-59 RESOLVED that, pursuant to a Public Hearing having been held
on Tuesday, August 18, 1959, the City Planning Commission
does hereby give approval to the preliminary plat of the
Bretton Gardens Colony Subdivision #2 located in the Southeast
1/4 of Section 2, and
I[: 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 Scha ols, Fire Department, Police Department, Parks &
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Recreation Department and Members of the Plat Committee
A roll call vote on the foregoing resolution resulted in the following:
AYES: Peacock, Walker, Kane, Harsha, Okerstrom, Robinson and
Angevine
NAYS: None
The Chairman declared the foregoing resolution is adopted.
Mr. McCullough announced the next item on the agenda was Petition M-161 by the
Clark Oil & Refining Company requesting permission to construct a gasoline service
station on the Northwest corner of Plymouth and Merriman in the Southeast 1/4 of
Section 27. Mr. LaBodie was present for the petitioner.
Mr. Angevine asked if there was anyone in the audience who wished to speak either
in favor or opposed to petition.
Mr. Peacock asked if the property in question abuts a residential area and if
so the petitioner will have to erect a protective wall.
Mr. Harsha stated the submitted plot plan did not show the set back from both
right-of-ways, Merriman and Plymouth.
Mr. Walker stated he would like to see a more specific area plan, showing the
proposed gas station and the existing surrounding buildings. Mr. Peacock concurred
1[10 with Mr. Walker suggesting that this item be taken under advisement until an area
plan is submitted.
Mr. Angevine declared this item would be taken under advisement.
Mr. McCullough announced the next item on the agenda was Petition M-162 by Citrin
Oil Company requesting permission to erect a gasoline station on the North side
of Plymouth between Camden and Haller in the Southwest 1/4 of Section 25. Mr.
Citrin was present.
It was determined that this proposed gas station was to be erected east of the
presently located convalescent home on Plymouth Road.
The Chairman asked if there was anyone in the audience who wished to speak either
in favor or opposed to petition.
Mr. Robinson suggested this item be taken under advisement because no plot plan
had been submitted.
It was determined that an area plan should be submitted designating the existing
buildings on surrounding property.
Mr. Kropf stated as the application is worded, a plot plan is requested but it
does not specify that existing homes on surrounding property are to be shown; only
existing buildings on property in petition.
Mr. Citrin stated he hoped for a determination on the petition tonight and asked
if it could be approved subject to submitting a plot plan afterwards.
Mr. Robinson suggested that this item be taken under advisement without further
discussion.
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Mr. Harsha felt that the petition could be acted upon tonight.
Upon a motion duly made by Mr. Walker, supported by Mr. Peacock, it was
#8-249-59 RESOLVED that, pursuant to a Public Hearing having been held
on Tuesday, August 18, 1959, the City Planning Commission
does hereby table Petition M-162 by the Citrin Oil Company
requesting permission to erect a gas station in the Southwest
1/4 of Section 25 until the next meeting.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Peacock, Walker, Okerstrom and Robinson
NAYS: Kane, Harsha and Angevine
The Chairman declared the motion is carried and the foregoing resolution is adopted.
Mr. McCullough announced the next item on the agenda was Petition M-163 by Citrin
Oil Company requesting permission to erect a gasoline station on the Southwest
corner of Farmington and Plymouth in the Northeast 1/4 of Section 33. Mr. Citrin
was present and submitted a drawing of the proposed gas station.
Mr. Peacock asked how close the proposed gas station was to the Professional Village
located South of Plymouth and west of Farmington. Mr. Citrin stated their property
abutted the property of the Professional Village but that they were only developing
1[40 200 ft. of the 450 ft. they owned. Mr. Peacock asked if there were any plans for
future development of this property. Mr. Citrin stated there was none. Mr. Peacock
asked if they contemplate storage tanks on this portion of their property. Mr.
Citrin answered they did not.
The Chairman asked if there was anyone in the audience who wished to speak either
in favor or opposed to petition.
Upon a motion duly made by Mr. Kane, supported by Mr. Harsha, it was
#8-250-59 RESOLVED that, pursuant to a Public Hearing having been held on
Tuesday, August 18, 1959 the City Planning Commission does hereby
grant Petition M-163 by the Citrin Oil Company requesting permission
to erect a gasoline station on the Southwest corner of Farmington
and Plymouth in the Northeast 1/4 of Section 33, and
FURTHER RESOLVED, notice of the above hearing wns sent to property
owners within 500 feet, 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, Kane, Harsha, Angevine
NAYS: Walker, Okerstrom and Robinson
IC: The Chairman declared the motion is carried and the foregoing resolution is adopted.
Mr. McCullough announced the next item on the agenda was Petition M-167 by Donald
R. Flintermann requesting permission to erect a service garage in connection with
and incidental to a new car sales and showroom on the North side of Plymouth
between Merriman and Farmington in the Southwest 1/4 of Section 27. Mr. McKana
present for Donald R. Flintermann.
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Kr. Harsha asked Mr. McKana if the salesroom building would be erected before
the use car lot. He felt that it should be built first and then have the petitioner
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come in for approval of the other.
Mr. McKana stated it was definitely going to be a new car salesroom, not a used
car lot and at the present time he had no knowledge what make of car was going to
be sold.
Mr. Walker suggested that petition be denied until such time that the new car sales-
room is built at which time the petitioner can request permission to open up a
service garage.
Mr. McKana stated the service garage was needed expressly for the new car salesroom,
in order to service the new cars.
the petition
Mr. Walker suggested we approve subject to having the new car salesroom erected
first.
Mr. Peacock stated that he concurred with Mr. Harsha.
Mr. McKana stated that in accordance with the zoning ordinance, approval was not
needed for a new car salesroom but was necessary for the service garage. This is
reason for appearing before the commission tonight.
The Chairman asked if there was anyone in the audience who wished to speak either
in favor or opposed to petition.
I[: Upon a motion duly made by Mr. Kane, supported by Mr. Robinson, it was
#8-251-59 RESOLVED that, pursuant to a Public Hearing having been held
on Tuesday, August 18, 1959, the City Planning Commission does
hereby grant Petition M-167 by Donald R. Flintermann requesting
permission to drect a service garage in connection with and
incidental to a new car sales and showroom in the Southwest 1/4
of Section 27, provided however, that the new car salesroom
is built simultaneously with the service garage, and
FURTHER RESOLVED, notice of the above hearing was sent to
the property owners within 500 feet, petitioner and City
Departments as listed in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Peacock, Walker, Kane, Harsha, Robinson and Angevine
NAYS: Okerstrom
The Chairman declared the motion is carried and the foregoing resolution is adopted.
Mr. Anderson arrived at approximately 9:35 p.m.
Mr. McCullough announced the next item on the agenda was Petition Z-402 by Joseph
Galli asking that the zoning classification on property located on the Southwest
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corner of Seven Mile Road and Brentwood in the Northwest 1/4 of Section 12 be
changed from RUFB to R1A. Mr. Galli was present.
The Chairman asked if there was anyone in the audience who wished to speak either in
favor or opposed to petition.
Upon a motion duly made by Mr. Okerstrom, supported by Mr. Peacock, it was
#8-252-59 RESOLV D that, pursuant to a Public Hearing having
been held on Petition 7-402 as submitted by Joseph
Galli for a change of zoning in the Northwest 1/4
of Section 12 from RUFB to R1A, the City Planning
Commission does hereby recommend to the City Council
that Petition Z-402 be approved for the following
reasons :
(1) it is located in close proximity to existing R-1
zoning;
(2) the 75 x 150 lots are not inconsistent with
surrounding land use;
FURTHER RESOLVED, notice of the above hearing was
published in the official newspaper, The Livonian,
under date of July 30, 1959 and notice of which
hearin„ was sent to The Detroit Edison Co., Chesa-
peake & Ohio Railway Co., Llichigan Bell Telephone
Co. , The Consumers Power Co. , City Departments and
petitioner as listed in the Proof of Service..
A roll call vote on the foregoing resolution resulted in the
following:
AYES: Peacock, Talker, Kane, Harsha, Anderson,
Okerstrom, Robinson and Angevine
NAYS: None
The Chairman declared the motion is carried and the foregoing
resolution is adopted.
i//Mr. Mc Cullough announced the next item on the agenda was Petition
7-403 by John B. & Glenna F. Hulett who are asking that the
zoning classification on property located on the Southwest
corner of Five Mile Road and Arden Avenue in the Northeast 1/4
of Section 22 be changed from R1B to C-1. Mr. Hulett was present.
The Chairman asked if there wa s anyone in the audience who
wished to speak either in favor or opposed to petition.
Mr. Kane asked Mr. Hulett his reason for requesting the rezoning.
Mr. Hulett stated that his home was too small for his family and
he had not been able to sell it as residential. He stated he
felt if it was zoned C-i, he could use it as an office for his
business along with one or two other salesman. Mr. Peacock asked
why wasn't a PS zoning requested. Mr. Hulett stated he was not
a professional or medical man, only in sales. He further stated •
there would be no samples on the premises and no transient
1: traffic whatsoever.
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Mr. Kane asked for the size of the lot; Mr. Hulett stated his
lot was 38 ' x 1001 .
Upon a motion duly made by Mr. hobinson, supported by Mr. Okerstrom
it was
#8-253-59 RESOLVED that, pursuant to a Public Hearing having.
been held on Petition 7-403 by John B. & Glerna F.
Hulett for a chance of zonin, in the Northeast 1/4
of Section 22 from RIB to C-1, the City Planning
Commission does hereby recommend to the City Council
that Petition 7-403 be denied for the following
reasons :
(1) approval would tend to create an area of strip
type commercial zoning:
(2) approval would violate the Plannin, Commission's
policy of attemptinc to retain commercial zoning at
mile road intersections;
(3) the subject property is located immediately east
of residential used property and therefore approv-
al would tend to give rise to similar requests
from persons owning; that land;
FURTHER RESOLVED, notice of the above hearing was
published in the official newspaper, The Livonian,
under date of July 30, 1959 and notice of which
hearin;, was sent to The Detroit Edison Co.,. Chesapeake
& Ohio Railway Co. , Michigan Bell Telephone Co., The
Consumers Power Co., City Departments and petitioners
as listed in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the
following:
AYES: Peacock, Walker, Harsha, Anderson, Okerstrom,
Robinson and Angevine
NAYS : Kane
The Chairma n declared the foregoing resolution is adopted.
Mr. Mc Cullough announced the next item on the agenda was Pet-
ition V-48 by certain residents of the Burton Hollow Subdivision
are requesting that the North 1/2 of Oakdale Avenue (431 )
abutting the rear of Lots 132, 133, 134, 142 and 14.3 of the
Burton Hollows Subdivision located in the Northeast 1/4 of
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3 Section 16 be vacated.
Mr. J. Hill and Mr . C. Smereck were present representing pet-
itioners.
Mr. McCullough submitted a letter dated Auust 6, from the DPW;
a letter dated August 14 from The Detroit Edison Company and a
letter dated August 18, 1959 from the Michigan Bell Telephone
Company.
Mr. Hill and Mr. Semerck stated their reason for requesting the
vacating of Oakdale at the rear of their homes . It was intended
to further landscape this area in order to beautify this rrop-
erty in the back of their homes. It was their understanding that
since this land dedicated as a road extends into the bend of the
creek it makes it impossible to be a street.
Mr. McCullough stated that if the street is vacated, the Master
Thoroughfare Plan would have to be amended first by deleting it
from said Plan. A public hearing would be necessary to do this.
Mr. Kane asked if there had been any communication received from
Dpi . Mr. Mc Cullough stated they had recommended approval sub-
ject to an easement being created..
Mr. Peacock asked if this petition can be approved subject to
amending the Master Thoroughfare Plan. Mr. Walker did not think
this was wise; he felt that the petition should oe denied without
prejudice and immediately following a resolution adopted by the
City Planning providing for a public hearing; to delete Oakdale
from the gaster Thoroughfare Plan.
Mr. Peacock stated he did not concur with Mr. 'Walker.
The Chairman asked if there was anyone in the audience who wish-
ed to speak either in fa vor or opposed to petition.
Upon a motion duly made by Mr. Peacock, supported by Mr. Robin-
son, it was
#8-254-59 RESOLVED that, pursua nt to a Public Hearing having
been held on Tuesday, August 18, 1959 the City Planning
Commission does hereby table Petition V-1i8 until such
time that the Master Thoroughfare Plan has been amend-
ed to delete Oa kdale.
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A roll call vote on the foregoing resolution resulted in the following:
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AYES: Peacock, Walker, Kane, Harsha, Anderson, Okerstrom, Robinson
and Angevine
HAYS: None
The Chairman declared the resolution is adopted.
Upon a motion duly made by Mr. Peacock, supported by Mr. Anderson, and unanimously
adopted, it was
#8-255-59 RESOLVED that, the City Planning Commission of the City of
Livonia having given due consideration to the designated
location of Oakdale in Section 16 as appearing on the Master
Thoroughfare Plan of the City of Livonia, and it appearing that the
designated proposed location of such thoroughfare as presently
shown on said Master Thoroughfare Plan is unnecessary for the
health, safety and general welfare of the community, and that the
further existence of said road upon the Master Thoroughfare Plan
would serve no useful purpose, the City Planning Commission on
its own motion does hereby establish and order a public hearing
to be held in the City Hall of the City of Livonia, to determine
whether or not Part I of the Master Plan of the City of Livonia,
that is, the Master Thoroughfare Plan, should be amended so as to
delete Oakdale from Stamford easterly to the center of Farmington
Road from the Master Thoroughfare Plan for the reason that said
110 road is unnecessary and would serve no useful purpose if further
designated as a future road on the City's Master Thoroughfare Plan;
and
IT IS FURTHER RESOLVED, that notice of the time and place of said
public hearing shall be published in a newspaper of general circu-
lation in the City of Livonia and that a notice by registered mail
be sent to each public utility or railroad company owning or
operating any public utility or railroad within the City of Livonia
in accordance with the provisions of Section 5.2998 of Michigan
Statutes Annotated and in accordance with the provisions of Act
285 of the Public Acts of Michigan of 1931, as amended.
The Chairman declared the foregoing resolution is adopted.
The chairman called a recess at approximately 10: 00 p.m.
Mr. Angevine called the public hearing back to order at approximately 10:10 p.m.
with all those present now who were present at the time recess was called.
Mr. Angevine asked if there was anyone in the audience in relation to Items #11
to 19.
A Mr. Fred C. Nash stated he was present in relation to Item #11.
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1 Mr. McCullough announced the next item on the agenda was Petition Z-399 by the
City Planning Commission on its own motion to determine whether or not Subsection
(a) should be deleted from Section 14.02 of Article 14.00 of the Zoning Ordinance.
(Prohibiting commercial and professional uses from industrial districts).
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IllMr. McCullough submitted a letter dated August 12, 1959 from the Detroit Edison
Company and also stated that the Industrial Committee had informed him they were
in support of this proposed amendment. Detroit Edison had requested revisions on
said amendment.
Mr. Angevine asked if there was anyone in the audience who wished to speak either
in favor or opposed to petition.
Mr. Fred C. Nash, 1400 BuhlBuilding, Detroit 26, stated that he wished to object to
said petition. He stated that arrangements had been completed to establish a
commercial use on the Northeast corner of Middlebelt and Plymouth which is presently
zoned industrial. It is understood by him that this amendment to the zoning ordinance
would prohibit this commercial use from this particular corner.
Mr. Steve Polgar, Chairman Industrial Committee stated that it would be advantageous
to the City if the industrial belt is exclusive of commercial uses and maintained
only industrial uses, but if definite plans have been made for this particular corner
they would not be opposed to the commercial.
The commissioners examined the plat book at this time to determine the area involved
in Mr. Nashts objection.
Mr. Kane asked Mr. Nash what use was contemplated on this corner. Mr. Nash stated
he was not authorized to inform them at this time but it would be..a retail commercial
use.
Mr. Walker asked if Mr. Nash's client was interested in the complete twenty acres. Mr.
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Nash stated he was.
Upon a motion duly made by Mr. Robinson, supported by Mr. Peacock, it was
#8-256-59 RESOLVED that, pursuant to a Public Hearing having been held
on Petition Z-399 by the City Planning Commission on its own
motion to determine whether or not subsection (a) should be
deleted from Section 14.02 of Article 14.00 of the Zoning
Ordinance of the City of Livonia, the City Planning Commission
does hereby recommend to the City Council thatPetition Z-399
be granted, and
FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian, under date of July 30,
1959 and notice of which hearing was sent to The Detroit Edison
Company, Chesapeake & Ohio Railway Co., Michigan Bell Telephone
Co., The Consumers Power Company, City Departments and Petitioner
as listed in the Proof of Service.
Mr. Kane suggested that the Council be informed of the proposed plans of a commercial
use for the northeast corner of Plymouth & Middlebelt.
Mr. Robinson stated he did not d.-sire to amend his resolution.
Mr. Harsha asked Mr. Kropf if the City would have the right to rezone this specific
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acreage back to Commercial after this amendment has been adopted. Mr. Kropf stated
they could on their own motion.
A roll call vote on the foregoing resolution resulted in the following:
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Il] AYES: Peacock, Harsha, Anderson, Okerstrom and Robinson
NAYS: Walker, Kane and Angevine
The Chairman declared the resolution is adopted.
Mayor Brashear who arrived at this time stated that he felt that the Planning
Commission and the City of Livonia would cooperate with the client who is interested
in using presently zoned industrial property for a commercial use -_if in the event
the Planning Commission prohibited commercial uses from industrial zOnes. Stated
further that the door is always open for businesses in Livonia and there would be
no trouble in this specific case.
Mr. Angevine stated that it had been determined that the Planning Commission can
rezone this particular piece of property back to commercial. Mayor Brashear excused
himself at this time.
Mr. Angevine stated that since there were no interested persons in the audience for
Items 12 through 19, that Item #20 would be brought up at this time.
Mr. McCullough announced the next item on the agenda was proposed Taylor Gardens
Subdivision submitted by Sylvan Building Company, located on the West side of
Hubbard Road approximately 850 ft. South of Five Mile Road and 800 ft. North of
Lyndon in the Northwest 1/4 of Section 22. Mr. Taylor was present.
hr. McCullough submitted a letter dated August 12 from the Police Department; a letter
dated August 11 from the Fire Department; a letter dated August 18 from the Parks
I
1E:
& Recreation and a letter dated August 18, 1959 from the Bureau of Inspection.
The commissioners examined a plot plan submitted by the Sylvan Building Company which
designated the proposed plat and the surrounding area. Mr. Harsha stated this area
plan was the beet he had ever seen. Stated further the proposed plat met all re-
quirements. Mr. Robinson concurred with Mr. Harsha.
Mr. Anderson felt that Lots 13 and 14 should face south rather than the present way.
Mr. McCullough informed the Commission that before action can be taken on this
proposed plat the street Brookfield would have to be vacated first. There is a
petition for vacating said street but the hearing for this vacation is scheduled
for September 15, 1959.
The Chairman asked if there was anyone in the audience who wished to speak either
in favor or opposed to petition.
The question was asked what type of home would be built in this subdivision. Mr.
Taylor answered they were to be built of brick.
The Chairman declared this item would be taken under advisement.
Mr. McCullough announced the next item on the agenda was Petition M-16' by Morton
& Minnie Katz requesting permission to operate a dry-cleaning plat on the South
side of Five Mile Road approximately 1.00 feet East of Farmington Road in the North-
west 1/4 of Section 22. Mr. Benjamin Burdick representing petitioner along with
Mr. Barnes.
It was determined that the required signatures as stated in the ordinance had been
submitted.
•
14
1EThe Chairman asked if there was anyone in the audience who wished to speak either
in favor or opposed to petition.
Mr. Michael Caffery, representing Mr. & Mrs. John Baze, adjacent property owners
to the proposed dry cleaning plant stated that his clients had signed the waiver
stating they did not object to the proposed plant but that they wanted to bring to
the attention of the commission of a slight encroachment of the old building on
their property. They wish to make sure that the new construction does not have
a downspout that pours the water onto their property. They are making this a
condition to their approval of the dry-cleaning plant.
Upon a motion duly made by Mr. Robinson, supported by Mr. Okerstrom, it was
#8- -59 RESOLVED that, pursuant to a Public Hearing having been held
on Tuesday, August 18, 1959 the City Planning Commission does
hereby grant Petition M-168 by Morton & Minnie Katz requesting
permission to operate a dry-cleaning plant on the South side
of Five Mile Road approximately 400 ft. East of Farmington
Road in the Northwest 1/4 of Section 22.
Mr. Harsha asked if the commission can make any qualifications in our resolution
to protect the adjacent property owners.
Mr. Kropf stated he felt legally this was possible but suggested that the commission
request the petitioner to correct any encroachment and then have the Bureau of
Inspection follow through to see that there is no violation.
ii:
Mr. Harsha stated he wanted to make sure that the petitioner will take care of the
complaint from Mr. & Mrs. John Baze.
Mr. B. Burdick stated that this condition as stated by Mr. Caffery will be taken
care of.
Mr. Robinson stated he would like to amend his previous resolution as follows:
#8-257-59 RESOLVED that, pursuant to a Public Hearing having been held
on Tuesday, August 18, 1959, the City Planning Commission does
hereby grant Petition M-168 by Morton & Minnie Katz requesting
permission to operate a dry-cleaning plant on the South side of
Five Mile Road approximately 400ft. East of Farmington Road in
the Northwest 1/4 of Section 22, provided however that the
petitioner will use 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.
Mr. Okerstrom stated he would continue his support.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Peacock, Walker, Kane, Harsha, Anderson, Okerstrom, Robinson
and Angevine
NAYS: None
The Chairman declared the foregoing resolution adopted.
15
Mr. McCullough announced the next item on the agenda was Application TA-56 by Hugh
Caverly requesting permission to remove topsoil from property located on the North-
east corner of Five Mile and Newburgh Roads in the Southwest 1/4 of Section 17. Mr.
Hugh Caverly and Herald Hamill were present.
Mr. McCullough submitted letter dated July 3, 1959 from the Engineering Department;
and a letter dated July 14, 1959 from the Police Department. Mr. Caverly stated
that the area in the original petition had been reduced to 45 acres, and that
there would be two stockpiles.
Mr. Walker, Chairman of the Topsoil Committee stated that the committee had no
objection to the petition now because the petitioner had consented to having two
stockpiles on the property rather than one and had reduced the area and excluded
the area that were considered too low.
The Chairman asked if there was anyone in the audience who wished to speak either
in favor or opposed to petition.
Upon a motion duly made by Mr. Okerstrom, supported by Mr. Anderson and unanimously
adopted, it was
#8-258-59 RESOLVED that, pursuant to a Public Hearing having been held
on Tuesday, August 18, 1959 the City Planning Commission does
hereby grant Application TA-56 by Hugh Caverly requesting
permission to remove topsoil from property located in the
Southwest 1/4 of Section 17, subject to the following con-
ditions:
(a) that the applicant shall not at any time allow water to
collect on the subject property or on adjoining property
and at all times shall maintain adequate drainage;
(b) that the applicant shall not excavate below the grade
of any proposed subdivision streets;
(c) that the applicant shall at all times comply with all
traffic requirements established by the Police Department;
(d) that the applicant shall be obligated to seed all of the
land from which topsoil has been removed with some seed
acceptable to the Department of Parks & Recreation unless
at the time the applicant petitions for the release of the
topsoil bond, the Planning Commission relieves the petitioner
of this obligation, and
FURTHER RESOLVED, that a performance bond be fixed on the
above application for approximately 45 acres more or less at
$500.00 per acre and it is recommended that the Bureau of
Inspection issue a permit to this effect, and
FURTHER RESOLVED, notice of the above hearing was sent to the
property owners within 500 ft., petitioner, City Departments
1[10 as listed in the Proof of Service and recommendations having
been obtained from the Department of Public Works under date
of July 3, 1959 and from the Police Department under date of
July 14, 1959.
The Chairman declared that the foregoing resolution is adopted.
Mr. Angevine declared that Item #12 would now be heard.
<.2 <<z zi
•
16I-
ll: Mr. McCullough announced the next item on the agenda was Petitior Z-400 by the
City Planning Commission on its own motio n to determine whether or not Article
7.15, R-4 District Regulations should be added thereto.
It was determined that due to this ordinance needing revisions, it would be necessary
to readvertise.
The Chairman asked if there was anyone in the audience who wished to speak.
Upon a motion duly made by Mr. Anderson, supported by Mr. Kane, it was
#8-259-59 RESOLVED that, pursuant to a Public Hearing having been held
on Petition Z-400 by the City Planning Commission on its own
motion to determine whether or not Article 7.15, R-4 District
Regulations should be added thereto, the City Planning Commission
does hereby recommend that this petition be denied in order
to revise said ordinance and readvertise,
FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian, under date of July 30,
1959 and notice of which hearing was sent to The Detroit Edison
Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone
Company, The Consumers Power Co., City Departments as listed
in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Peacock, Walker, Kane, Harsha, Anderson, Okerstrom
and Angevine
li: NAYS: Robinson
The Chairman declared the foregoing resolution is adopted.
Mr. McCullough announced the next item on the agenda was Petition Z-405 by the
City Planning Commission on its own motion to determine whether or not to amend
Article 14.00 and 15.00 of Ordinance No. 60 by adding Sections 14.10 and 15.09
thereto. (Lot area requirements in M-1 and M-2).
The Chairman asked if there was anyone in the audience who wished to speak.
It was determined, after a brief discussion, that this item should be studied further
at a study meeting, in order to permit the Industrial Committee an opportunity to
review the matter.
The Chairman declared that this item would be taken under advisement.
Mr. McCullough announced the next item on the agenda was Petition Z-406 by the City
Planning Commission to determine whether or not to amend Ordinance No. 60 by adding
thereto Article 7.35, R1T District Regulations.
The Chairman asked if there was anyone in the audience who wished to speak.
The Chairman declared that this item would also be taken under advisement for further
study.
1[40
Mr. McCullough announced the next item on the agenda was Petition Z-407 by the City
Planning Commission on its own motion to determine whether or not sub-section (e)
of Section 4.37 of Article 4.00 of Ordinance No. 60 be amended. (Prohibition of re-
quired off-street parking area in the rear of building it is intended to serve)
17
The Chairman asked if there was anyone in the audience who wished to speak.
1
Upon a motion duly made by Mr. Peacock, supported by Mr. Kane and unanimously
adopted, it was
#8-260-59 RESOLVED that, pursuant to a Public Hearing having been held
on Tuesday, August 18, 1959 on Petition Z-407 by the City
Planning Commission on its own motion to determine whether
or not sub-section (e) of Section 4.37 of Article 4.00 of
Ordinance No. 60 should be amended, the City Planning
Commission does hereby recommend to the City Council that
Petition Z-407 be approved As amended to read as follows:
Section 4.37 (e) Off-street parking facilities for one or
two family dwellings shall be located on the same lot or plot of
ground as the building they are intended to serve. The location
of required off-street parking facilities for other than one and
two family dwellings shall be within three hundred (300) feet of
the building they are intended to serve, measured from the
nearest point of the off-street parking facilities and the
nearest point of the building. Such facilities for commercial
uses, 2n order to insure their use as a parking area for the
building they are intended to serve, shall be located in a
convenient and conspicuous position with reference to such
building. For this purpose the area to the rear of the building
shall be considered as satisfying this requirement only when the
building is to have a heavily used public entrance in the rear.
li: FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian, under date of July 30,
1959 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 as listed in the
Proof of Service.
The Chairman declared the foregoing resolution is adopted.
Mr. McCullough announced the next item on the agenda was Petition Z-408 by the City
Planning Commission on its own motion pursuant to Council's resolution #106-59, to
determine whether or not Section 4.32 of Article 4.00, Section 5.06 of Article 5.00
and Section 5.57 of Article 5.00 be amended. (Minimum floor area for houses in
RL, RU and RUF Districts; increase side yard requirements with attached garages in
RL, RU, RUF and 70 foot R1 Districts).
The Chairman asked if there was anyone in the audience who wished to speak.
The Chairman declared this item would be taken under advisement for further study.
Mr. McCullough announced the next item on the agenda was Petition Z-409 by the City
Planning Commission on its own motion, pursuant to City Council's resolution #111-59
to determine whether or not subsection (f) of Section 6.02 of Article 6.00 be amended.
1[:
(Home occupations).
Mr. Walker suggested this item be taken under advisement for further study. He felt
that there should be some zoning whereby a home occupation would be allowed.
The Chairman asked if there was anyone in the audience who wished to speak.
18
IIUpon a motion duly made by Mr. Peacock and supported by Mr. Anderson, it was
t
#8-261-59 RESOLVED that, pursuant to a Public Hearing having been held
on Tuesday, August 18, 1959 on Petition Z-409 by the City
Planning Commission on its own motion to determine whether or
not subsection (f) of Section 6.02 of Article 6.00 should be
amended, the City Planning Commission does hereby recommend
to the City Council that Petition Z-409 be approved for the
following reasons:
(1) under the existing ordinance home occupations are permitted
in some residential zones and not others, which results in a
certain confusion;
(2) frequently the introduction of such uses into a residential
neighborhood is tantamount to introducing a commercial use;
FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian, under date of July 30,
1959 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 as listed in the
Proof of Service.
Mr. Kropf stated on behalf of the Department of Law he would like to recommend to
the Planning Commission to approve above mentioned resolution.
1[4. Mr. Angevine asked if there was anyone in the audience who wished to speak.
J
A roll call vote on the foregoing resolution resulted in the following:
AYES: Peacock, Kane, Anderson, Okerstrom, Robinson and Angevine
NAYS: Walker and Harsha.
The Chairman declared the foregoing resolution is adopted.
hr. McCullough announced the next item on the agenda was Petition by the City
Planning Commission on its own motion pursuant to Section 14, of Act •285,PA, 1931,
to determine whether or not Section 4.06 of Article IV of the Subdivision Rules and
Regulations be amended (Residential Blocks)
The Chairman asked if there was anyone in the audience who wished to speak.
Upon a motion duly made by Mr. Okerstrom, supported by Mr. Peacock, it was
#8- -59 RESOLVED that, pursuant to Section 14, of Act 285 of the Public
Acts of 1931, as amended, the City Planning Commission does
hereby deny the following amendment to Section 4.06 of Article
IV of the Subdivision Rules and Regulations adopted by the City
Planning Commission of the City of Livonia on January 9, 1952:
Section 4.06 Blocks. Residential blocks shall not be less than
1[70 two hundred (200) feet wide, and they shall not be less than six
hundred (600) feet long nor more than 1/4 mile in length; pro-
vided, however, that where unusual conditions exist, the Commission
may allow a block to be less than six hundred (600) feet in length
or more than 1/4 mile in length where they find such deviation will
serve the best interest of the City. In those blocks which are
more than eight hundred (800) feet long, a ten (10) foot pedestrian
,26 ;23
19
Lane shall be provided near the center of the block where necessary
to provide direct circulation to schools, parks, churches or public
transportation sites; provided, however, that this requirement may,
in the sole discretion of the Planning Commission, be waived when
planning considerations justify such waiver. Business, commercial
and industrial blocks shall not be less than two hundred eighty
(280) feet in width and in length; provided, however, that where
such blocks are more than two hundred eighty (280) feet long, a ten
(10) foot crosswalk shall be provided in the center of the block.
Mr. Walker stated he felt that a condition should be made in the resolution for
special cases. Mr. Anderson stated he agreed with Mr. Walker that there should be
some elasticity to the rule but also felt that it might open the door for future
subdivisions to be approved with longer blocks.
Mr. Robinson felt that consideration should•be made for those hardship cases which
are legitimate.
There was a brief disucssion among the commission members and Mr. Kropf, Assistant
Attorney in relation to whether a hardship clause should be inserted in amendment.
Mr. Walker asked Mr. Okerstrom if he would withdraw his motion to deny. Mr. Okerstrom
stated he would withdraw his motion but felt that some determination should be made
to settle this question. Mr. Peacock stated he would withdraw his support.
ILMr. Kropf suggest ed that rather than deny the petition, it might be wise to take
it under advisement for further study.
Upon a motion duly made by Mr. Robinson, supported by Mr. Kane, it was
#8-262-59 RESOLVED that, pursuant to Section 14, of Act 285 of the Public
Acts of 1931, as amended, the City Planning Commission does
hereby adopt the following amendment to Section 4.06 of Article
IV of the Subdivision Rules and Regulations adopted by the City
Planning Commission of the City of Livonia on January 9, 1952:
Section 4.06 Blocks. Residential blocks shall not be less than
two hundred (200) feet wide, and they shall not be less than six
hundred (600) feet long nor more than 1/4 mile in length; pro-
vided, however, that where unusual conditions exist, the Commission
may allow a block to be less than six hundred (600) feet in length
or more than 1/4 mile in length where they find such deviation will
serve the best interest of the City. In those blocks which are
more than eight hundred feet long, a ten (10) foot pedestrian
land shall be provided near the center of the block where necessary
to provide direct circulation to schools, parks, churches or public
transportation sites; provided, however, that this requirement may,
in the sole discretion of the Planning Commission, be waived when
planning considerations justify such waiver. Business, commercial
1[40 and industrial blocks shall not be less than two hundred eighty
(280) feet in width and in length; provided, however, that where
such blocks are more than two hundred eighty (280) feet long, a ten
(10) foot crosswalk shall be provided in the center of the block.
Mr. Marsha stated if there are to be conditions to the amendment - they should be
made before the vote is taken on the petition.
• .,2 .2. fl
•
20
Mr. Kropf stated that any qualifications making the amendment more restrictive
would necessitate a readvertising of said amendment. He read the amendment
as it was advertised and explained it more fully to the commission members.
Mr. Walker stated he was satisfied with the attorney's explanation and would go
along with the motion to approve the amendment as it was advertised.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Peacock, Walker, Kane, Robinson and Angevine
NAYS: Harsha, Anderson and Okerstrom
The Chairman declared the motion is carried and the amendment to the subdivision
rules and regdations is approved.
Mr. McCullough announced the next item on the agenda was Petition Z-401 by the City
Planning Commission on its own motion to determine whether or not to rezone all of
the land in the Northwest 1/4 of Section 35 presently zoned M-1 and parcels A2a
and B in the Northeast 1/4 of Section 35 from M-1 to C-2.
The Chairman asked if there was anyone in the audience who wished to speak.
Mr. Peter Ventura, 9 .06 Middlebelt Road, asked if this included the property in
the Wonderland Shopping Center located on the Southwest corner of Plymouth and
Middlebelt. He was informed this petition did not include this property.
Upon a motion duly made by Mr. Anderson, supported by Mr. Kane, it was
#8-263-59 RESOLVED that, pursuant to a Public Hearing having been held
on Tuesday, August 18, 1959 on Petition Z-401 by the City
Planning Commission on its own motion to rezone land in the
Northwest 1/4 and the Northeast 1/4 of Section 35 from M-1 to
C-2, the City Planning Commission does hereby recommend to
the City Council that Petition Z-401 be approved for the
following reasons:
(1) that the land sought to be rezoned is located in close
proximity to residential property which is undesireable;
(2) that the Planning Commission is attempting to contain
industrial zoning with sections 25 through 30 inclusive;
FURTHER RESOLVED, notice of the above hearing was published
in the official newspaper, The Livonian, under date of July
30, 1959 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
property owners as listed in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Peacock, Walker, Kane, Harsha, Anderson, Okerstroi,
IE: Robinson and Angevine
NAYS:
N one
The Chairman declared the foregoing resolution is adopted.
` 21
ll: Upon a motion duly made by Mr. Okerstrom, supported by Mr. Kane, it was
#8-264-59 RESOLVED that, the City Planning Commission does hereby adjourn
the Public Hearing held on Tuesday, August 18, 1959 at approximately
11:20 p.m.
A roll call vote on the foregoing resolution resulted in the following:
AY ES: Peacock, Kane, Walker, Harsha, Anderson, Okerstrom, Robinson
and Angevine
NAYS : None
The Chairman declared the foregoing resolution is adopted and that the 106th Regular
Meeting was now called to order with all those present now who were present at
the time the public hearing was adjourned.
Upon a motion duly made by Mr. Peacock, supported by Mr. Kane and unanimously
adopted, it was
#8-265-59 RESOLVED that, pursuant to a Public Hearing having been held on
Petition Z-389 as submitted by Kenneth & Mary Owen for a change
of zoning in the Northeast 1/4 of Section 9 from R1B to C-1, the
City Planning Commission does hereby recommend to the City Council
that Petition Z-389 be denied for the following reasons:
IL (1) it would tend to start a strip type of zoning southward
on Stamford Avenue,
(2) Rasak Subdivision was given preliminary approval on May 6, 1958.
Dedication of Stamford ,makes the effective width of the commercial property
at the northwest corner of Seven Mile and Stamford 50 feet.
Petition Z- 329, which will be published on July 30th , will,
because of its side yard requirement, further reduce this width
to 25 feet. Consequently, it is doubtful that this property will
ever be used;
FURTHER RESOLVED, notice of the above hearing was published in the
official newspaper, The Livonian, under date of July 30, 1959 and
notice of which hearing was sent to The Detroit Edison Co., Chesa-
peake & 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 is adopted.
Upon a motion duly made by Mr. Robinson, supported by Mr. Peacock, it was
#8-266-59 RESOLVED that, pursuant to a Public Hearing having been held on
Petition Z-393 as submitted by Steve & Nancy Polgar and Thomas
and Mildred Kimmerly for a change of zoning in the Southeast 1/4
of Section 16 from R1B to PS, the City Planning Commission does
IL hereby recommend to the City Council that Petition Z-393 be
granted for the following reason:
(1) the City Council has previously seen fit to approve Petitions
Z-320 and Z-384 thereby predetermining the character of this
area, and
22
FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian, under date of July 30,
1959 and notice of which hearing was sent to The Detroit Edison
Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone
Co., The Consumers Power Company, City Departments and petitioner
as listed in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Peacock, Walker, Kane, Harsha, Anderson, Robinson and
Angevine
NAYS: Okerstrom
The Chairman declared the foregoing resolution is adopted.
Mr. McCullough announced the next item on the agenda was a letter from S. Z. Wolack
dated August 18, 1959 requesting permission to rename that portion of the original
Merucci Bros. Subdivision tentatively approved October 14, 1958 and located between
Five Mile Road and Lyndon Road in the Northeast and Northwest 1/4 of Section 20
to Meadowview Subdivision. This is the north half of the Merucci Bros. Subdivision.
It is also located south of the property in Petition Z-394 by S. Z. Wolack which
is the next item on the agenda. Mr. Beebe was present for Mr. S. Z. Wolack.
Upon a motion duly made by Mr. Kane, supported by Mr. Anderson and unanimously
adopted, it was
li: #8-267-59 RESOLVED that, pursuant to a letter dated August 18, 1959
from S. Z. Wolack requesting permission to rename the north
half of the previously approved Merucci Bros. Subdivision,
located between Five Mile Road and Lyndon Road to the Meadow-
view Subdivision in the Northeast and Northwest 1/4 of Section
20, the City Planning Commission does hereby grant said request.
The Chairman declared the foregoing resolution is adopted.
Mr. McCullough submitted a letter dated July 23, 1959 from S. Z. Wolack requesting
permission to amend Petition Z-394 requesting a zoning change from AGB to R-3 for
the North 500 ft. and AGB to R1A for the South 421.45' on property located on
the South side of Five Mile Road approximately 2,000 ft. West of Fairlane in
the Northeast 1/4 of Section 20, by requesting that the entire parcel be rezoned
R1A and withdraw the request for R-3 for the north 500 ft.
Upon a motion duly made by Mr. Robinson, supported by Mr. Peacock and unanimously
adopted, it was
#8-268-59 RESOLVED that, pursuant to a Public Hearing having been held
on Tuesday, July' 2l,,. 1959 on Petition Z-394, submitted
by S. Z. Wolack for a change of zoning in the Northeast 1/4 of
Section 20, from AGB to R-3 for the North 500 ft. and from
AGB to R1A for the South 421.45 ft., the City Planning Commission
does hereby amend Petition Z-394 as requested by S. Z. Wolack
in letter dated July 23, 1959, to request that the entire parcel
be rezoned from AGB to R1A.
The Chairman declared the foregoing resolution is adopted.
•
23
Upon a motion duly made by Mr. Robinson, supported by Mr. ? acock and unanimously
adopted, it was
#8-269-59 RESOLVED that, pursuant to a Public Hearing having been held
on Tuesday, July 21, 1959, on Petition Z-394 as submitted
by S. Z. Wcl.ack for a change of zoning in the Northeast 1/4 of
Section 20 from AGB to R-3 for the north 500 ft. and from AGB
to R1A for the south 421.45 ft., the City Planning Commission
does hereby recommend to the City Council that Petition Z-394
be approved as amended by Resolution #8-268-59, and
FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian, under date of July
2, 1959 and notice of which hearing was sent to The Detroit
Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Tele-
phone Co., The Consumers Power Co., City Departments and petitioners
as listed in the Proof of Service.
The Chairman declared the foregoing resolution is adopted.
Upon a motion duly made by Mr. Anderson, supported by Mr. Peacock and unanimously
adopted, it was
#8-270-59 RESOLVED that, pursuant to a Public Hearing having been held
on Tuesday, July 21, 1959 on Petition Z-398 by Martin Agegian
for a change of zoning in the Southwest 1/4 of Section 21 from
AGB to R1A, the City Planning Commission does hereby recommend
to the City Council that Petition Z-398 be granted, and
FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian, under date of July
2, 1959 and notice of which hearing was sent to The Detroit
Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Tele-
phone Co., The Consumers Power Co., City Departments and
petitioner as listed in the Proof of Service.
The Chairman declared the foregoing resolution is adopted.
Mr. McCullough announced the next item on the agenda was Petition M-158 by the
Livonia Drive-In Theatre Company, Inc., who are requesting permission to erect and
operate a drive-in theatre on property located on the North side of Plymouth Road
between Levan and Newburgh Roads in the Southwest 1/4 of Section 29. Public hearing
June 30, 1959; item taken under advisement; study meeting July 14, 1959; regular
meeting July 21, 1959, item taken under advisement; study meeting August 11, 1959.
Mr. Harris was present for petitioner.
Upon a motion by Mr. Kane, supported by Mr. Marsha, it was
#8-271-59 RESOLVED that, the City Planning Commission does hereby certify
to the City Council that pursuant to a public hearing having
been held on Tuesday, June 30, 1959 on Petition M-158 requesting
permission to erect a Drive-inTheatre on the north side of Plymouth
Road between Levan and Newburgh Roads in the Southwest 1/4 of
Section 29 , it finds that the proposed Drive-In Theatre will not
be injurious to the surrounding neighbrohood, will not be contrary
to the spirit and purpose of the Zoning Ordinance and will not be
located within 1,000 ft. of any district zoned commercial,
-
24
ICFURTHER RESOLVED, that the Planning Commission does hereby
recommend to the City Council that Petition M-158 be
approved subject to the following conditions:
(1) that the drive-in theatre be setback no less than 730 ft.
from the property line adjacent to Plymouth Road;
(2) that an exit be provided on Amrhein Road;
(3) that acceleration and deceleration lanes be provided on
Plymouth Road westward for a total of 1,000 feet;
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.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Kane, Harsha and Angevine
NAYS: Peacock, Walker, Anderson, Okerstrom and Robinson
The Chairman declared the motion is not carried, therefore the foregoing resolution
is not adopted.
Upon a motion duly made by Mr. Walker, supported by Mr. Okerstrom,it was
E48- -59 RESOLVED that, pursuant to a Public Hearing having been held
on Tuesday, June 30, 1959 the City Planning Commission does
i hereby deny Petition M-158 by the Livonia Drive-In Theatre
ICompany, Inc., requesting permission to erect a Drive-In
Theatre on the North side of Plymouth Road between Levan and
Newburgh Roads in the Southwest 1/4 of Section 29 for the
following reasons:
(1) that the denial does not deny a drive-in theatre in the
\\\\
City but admits that the location in the industrial zone was
a mistake,
(2) that the proposed land use would be injurious to the
surrounding neighborhood and would be contrary to the
spirit and purpose of the zoning ordinance, 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.
Mr. Robinson asked Mr. Walker if the Planning Commission is saying that it was a
mistake to allow it in a M-1 district?
Mr. Walker stated that it had been determined that the valuable property in the
M-1 area for this specific use would be quite injurious to the City tax wise and
that we have reached a point where the Pnnirg Ccmm. has to admit that a mistake
E was made.
Mr. Robinson felt that it should be included in the resolution that the city
planning commission is attempting to rectify the error.
Mr. Walker stated he was agreeable to adding any reasons the other commissioners
wish to make as part of his resolution.
-2-
25
Mr. Robinson stated he would like to suggest that Mr. Walker add to his motion
the fact that the Commission realizes that it was an error in placing this specific
use in an industrial zone and that we have taken proper steps to rectify the
situation.
Mr. Walker stated he was agreeable; Mr. Okerstrom continued his support.
Upon a motion duly made by Mr. Walker, supported by Mr. Okerstrom, it was
#8-2?2-59 RESOLVED that, pursuant to a Public Hearing having been
held on Tuesday, June 30, 1959 the City Planning Commission
does hereby deny Petition M-158 by the Livonia Drive-In
Theatre Company, Inc., requesting permission to erect a
Drive-In Theatre on the North side of Plymouth Road between
Levan and Newburgh Roads in the Southwest 1/4 of Section 29
for the following reasons:
(1) that the denial does not deny a drive-in theatre in the
City but admits that the location in the industrial zone was
a mistake,
(2) that the proposed land use would be injurious to the
surrounding neighborhood and would be contrary to the
spirit and purpose of the zoning ordinance,
(3) that the commission realizing that it was an error in
1[40 placing this specific use in an industrial zone has taken
proper steps to rectify the situation,
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.
Mr. Harris, Attorney for Livonia Drive-In Theatre Company, Inc., asked the Chairman
for permission to speak at this time.
Mr. Harris stated that the argument that Mr. Walker voiced is one we have heard
a number of times. The ordinance reads that this specific use should not be
injurious to the surrounding neighborhood. What is in the neighborhood of this
site other than the Ford Motor Car Plant, a hotel, a motel and a restaurant.
If a drive-in theatre is injurious to these kind of businesses, it is a very
strained interpretation in my opinion. We have had the approval,as you know, of
the Wayne County Department of Health, the City Fire Department&the Michigan
State Highway Department. Mr. Harris continued that they had obtained the approval
of every department stated in the licensing ordinance. Also I have in my possession
a discontinuance of the T. Crantz case which was ended today and which has caused
so much comment. This case was discontinued by Judge Fitzgerald at the suggestion
of Mr. T. Crantz.
Mr. Harris read the discontinuance to the members of the commission. He then
stated that everything in their power had been done and hoped for a reconsideration
1[40 of the motion made by Mr. Walker to deny said petition as they have complied with
every requirement necessary.
Mr. Angevine stated he felt he had to agree with Mr. Harris.
Mr. Kane stated he has not seen any indications towards the development of this
particular property for an industrial use. Felt all the planning commission is
. s . . 6 ,3c
26
I:
doing is waiting for industries to develop this land for us. How long are we
going to hold this land without any taxes being paid upon it? Mr. Kane continued
that the drive-in theatre is a legal use in this area and that it is the only
way the Planning Commission can be guided.
Mr. Walker asked for a vote on Resolution #2-272-59.
AYES: Peacock, Walker, Anderson, Okerstrom, Robinson
NAYS: Kane, Harsha and Angevine
The Chairman declared the motion is carried and the petition is denied.
Mr. McCullough announced the next item on the agenda was final approval for
Hillcrest Avenue Subdivision submitted by Nelson Homes, Inc., located on the South
side of Seven Mile Road, east of Hillcrest Avenue in the Northwest 1/4 of Section
11. Mr. Dembs was present and stated that all lots were 7200 sq. ft. Mr. Mc-
Cullough stated the hardback canvas of the plat had not been received as yet but
that a photostat of it had been submitted.
Upon a motion duly made by Mr. Robinson, supported by Mr. Kane, it was
#8-273-59 RESOLVED that, final plat of the Hillcrest Avenue Subdivision
in the Northwest 1/4 of Section 11 be given final approval,
subject to the hardback canvas being submitted to the City
1E: Clerk, 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 21, 1959; 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
Works under date of May 5, 1959; and it further appearing that a
bond in the amount of $6,800.00 to cover the installation of
improvements has been filed in the office of the City Clerk under
date of August 6, 1959; such bond having been approved by Rodney
C. Kropf, Assistant City Attorney on August 7, 1959 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.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Peacock, Walker, Kane, Robinson and Angevine
NAYS: Harsha, Anderson and Okerstrom.
The Chairman declared the foregoing resolution is adopted.
Upon a motion duly made by Mr. Peacock, supported by Mr. Walker and unanimously
adopted, it was
1[40
#8-274-59 RESOLVED that, final plat of the Meri-Lynn Farms #4 in the Southeast
1/4 of Section 22 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 3, 1956; and it further appearing
27
that said proposed plat together with the plans and specifications
for improvements there in have been approved by the Department
of Public Works under date of June 8, 1958; and it further
appearing that a bond in the amount of $14,000.00, pursuant to
Council resolutions #603-58 and #475-59, to cover the installation
of improvements has been filed in the office of the City Clerk
under date of August 10, 1959; such bond having been approved by
Rodney C. Kropf, Assistant City Attorney on August 11, 1959 it
would therefore appear that all the conditions necessary to the
release of building permits have been met and the Building Depart-
ment is hereby so notified.
The Chairman declared the foregoing resolution is adopted.
Upon a motion duly made by Mr. Robinson, supported by Mr. Kane and unanimously
adopted, it was
#8-275-59 RESOLVED that, final plat of the Joy Ann Subdivision #2 in
the Southeast 1/4 of Section 32 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 on February 5 and June 20, 1957; and
further appearing that said proposed plat together with the plans and
specifications for improvements therein have been approved by
the Department of Public Works under date of December 20, 1957;
1E: and it further appearing that a bond in the amount of $33,000.00
pursuant to Council resolutions #21-58 and #96-59, to cover the
installation of improvements has been filed in the office of
the City Clerk under date of Aug.12, 1959; subh bond having been
approved by Rodney C. Kropf, Assistant City Attorney under date
of August 12, 1959 it would therefore appear that all the con-
ditions necessary to the release of building permits have been
met and the Building Department is hereby so notified.
The Chairman declared the foregoing resolution is adopted.
Upon a motion duly made by Mr. Walker, supported by Mr. Peacock and unanimously
adopted, it was
#8-276-59 RESOLVED that, the City Planning Commission does hereby
approve statement of The Livonian in the amount of $91.80
and that it be forwarded to the proper department for
payment.
The Chairman declared the foregoing resolution is adopted.
Mr. McC»»ough announced the next item on the agenda was the approval of the
minutes for July 21, 1959.
Mr. Angevine BuLgested that the'last five words, "which could be the tax
I[: base" be deleted from the last sentence' in the fourth paragraph on page
19. Mr. Kropf concurred.
.,2 .3z,
28
IL: Upon a motion duly made by Mr. Robinson, supported by Mr. Kane, it was
#8-277-59 RESOLVED that, minutes of July 21, 1959 be approved as
corrected except for that member who was not present '
abstain from voting.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Walker, Kane, Harsha, Anderson, Okerstrom, Robinson
and Angevine
NAYS: None
NOT VOTING: Peacock
The Chairman declared the foregoing resolution is adopted.
Mr. Harsha stated that the minutes of June 2, 1959 previously approved has a minor
error in them which he feels should be corrected. He stated that Mr. Angevine's
name had been omitted from the list of members present for that meeting.
Upon a motion duly made by Mr. Robinson, supported by Mr. Anderson and unanimously
adopted, it was
#8-278-59 RESOLVED that, minutes of June 2, 1959 be approved as corrected
except for that member who was not present, he abstain from
'noting.
I[: The Chairman declared the foregoing resolution is adopted.
Mr. McCullough announced the next item on the agenda was approval of the minutes
for meetings on December 2, 16 and 23, 1958; January 6, 20; February 3, 10 &
17; March 3, 10, 17 & 31 and April 7, 1959.
Mr. Anderson stated that for the minutes on December 23, 1958, on page 2336, in
relation to Petition Z-388, the motion made by Mr. Robinson and supported by
Mr. Anderson had been omitted in relation to Resolution #12- -58 at the time
the minutes had been typed on the stencil. Additionally, on page 2339 for the
same meeting, the sentence, "There was no one in the audience who wished to speak
either in favor or opposed to petition", had been omitted at the time the minutes
were typed on the stencil. This was in relation to Petition Z-346.
Mr. Anderson continued, that on Page 2375 of the minutes for January 20, 1959,
no determination had been made in relation to Petition Z-354. It was determined
that the petition had been taken under advisement at that time. On Page 2436
of the minutes for March 17, 1959 the following had been omitted at the time the
minutes were typed on a stencil:
"...Upon a motion duly made by Mr. Walker, supported by Mr. Robinson,
it was
#3-88-59 RESOLVED that, the City Planning Commission does hereby
table Application TA-43 until such time that a report
I: is made by the Topsoil Committee.
A roll call vote on the foregoing resolution resulted in the
following:
4Q & 33
r
29
AYES: Peacock, Anderson, Harsha, Walker, Okerstrom,
Robinson and Angevine
NAYS: Kane
The Chairman declared the foregoing resolution adopted.
• Upon a motion duly made by Mr. Okerstrom, supported by Mr. Walker and
unanimously adopted, it was s�
Upon a motion duly made by Mr. Robinson, supported by Mr. Anderson, and unanimously
adopted, it was
#8-279-59 RESOLVED that, the minutes of December 2, 16 and 23, 1958;
January 6, 20; February 3, 10 & 17; March 3, 10, 17 & 31
and April 7, 1959 be approved as corrected except for that
member who was not present, he abstain from voting.
The Chairman declared the foregoing resolution is adopted.
Upon a motion duly made by Mr. Peacock, supported by Mr. Kane and unanimously
adopted, the 106th Regular Meeting was duly adjourned at approximately 12:00
midnight.
CITY PLANNING COMMISSION
I[:
1.(:.7Angevi , Chairman
ATTESTED:
William R. Robinson, Secrdtary