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HomeMy WebLinkAboutPLANNING MINUTES 1963-02-05 3645 _ _ MINUTES OF A PUBLIC HEARING AND THE •- 157TH SPECIAL MEETING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, February 5, 1963 the City Planning Commission of the City of Livonia held a public hearing and the 157th Special Meeting at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Charles W. Walker, Chairman, called the Public Hearing to order at approximately 8:05 p.m. . Members present: Dennis Anderson, Charles W. Walker, Edward Milligan, Robert L. Angevine, W. E. Okerstrom and Milton Ingold Members absent : James Cameron and Dr. Daniel Allen** Mr. David R. McCullough, City Planner, and M . Charles Forrest, Jr. , Assistant City Attorney were present along with approximately 20 interested person- ' - - - audience. Mr. McCullough announced the first item on the agenda was Peti. 'on Z-579 by Daniel Rogala requesting the rezoning of property Sc: e. on the Southeast corner of Eckles Road and Plymouth Road in the Southwest 1/4 of Section 30 frcm RUFB to C-2. Mr. Daniel Rogala was present. He stated if the rezoning was approved they were going to build a restaurant and bar which would be on the order of the Swiss Chalet. Mr. Rogala submitted photographs of a similar structure. The seating capacity would be for 90 people. The exterior of the building would be brick. 41r. McCullough stated in comparison - the Hillside Restaurant seated 200 people. Mr. Rogala stated their restaurant could be compared with the Town House in Detroit. They were contemplating on starting the building of the restaurant within three or four months. Mr. Angevine asked how much of the property would they us? Mr. Rogala answered that the building would be 35' x 120. They wouldn't need the entire parcel but would use whatever they needed for the required parking and the building. He stated that the property to the west is not owned by him but it was included L. the rezoning. He stated Mr. Cylk who owns the other parcel informed him that at one time it had been zoned C-2. Mr. Milligan asked what would be the nature of the business? Mr. Rogala stated it was to be a restaurant and bar. Mr. Milligan asked if a cocktail bar would be allowed in a C-1 zone? Mr. McCullough arTwered it was not. **Dr. Daniel Allen arrived at 8:15 p.m. He had just taken his oath of office to be a member of the City Planning Commission. Mr. Walker presented Dr. Allen to the audience. Mr. Walker asked if there was anyone in the audience who wished to speak? II: Upon a motion duly made by Mr. Okerstrom, supported by Mr. Angevine it was #2-16-63 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-579 as submitted by Daniel Rogala for a change of zoning in the Southwest 1/4 of Section 30 from RUFB to C-2, the City Planning Commission does hereby recommend to the City Council that Petition Z-559 be granted for the following reasons: 3646 (1) that this is a mile road intersection and it, in general, has been the policy of the City Planning Commission to recommend commercial zoning on most mile road intersections; (2) that any harm done to existing residences to the east has already occurred from their facing into the GM Plant, etc. , FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of January 16, 1963 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: Allen, Ingold, Milligan, Anderson, Okerstrom, Angevine and Walker NAYS: None Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda is the Petition by the City Planning Commission on its own motion to determine whether or not Part I of the Master Plan, the Master Thoroughfare Plan, of the City of Livonia should be amended so as to delete that portion of Henry Ruff Road located north of Orangelawn and South of Plymouth Road in the North half of Section 35. i Mr. McCullough informed those present that this petition was originally requested by certain property owners in the area. The owner of the property on the east side of Henry Ruff was not present. The owner was the Wonderland Shopping Center. Mayor Harvey W. Moelke arrived at approximately 8:30 p.m. Mr. Walker asked if there was anyone in the audience who wished to speak? Mr. John Slater, 9790 Henry Ruff Bead, stated their reasons for requesting that Henry Ruff Road be deleted. He stated one reason was that there were approximately 1,000 children per day crossing Henry Ruff Road to get to either Jefferson, McKinley or St. Damian's Church schools. To date there have been no accidents and they would like to keep it that way. In addition, there is a large number of teen-agers going to the Franklin High School on Joy and Hillcrest. They realized the amount of traffic generated by Wonderland Shopping Center but they felt that these traffic problems can be handled with the existing highways. The proposed changes for Middlebelt Road will handle the north/south traffic adequately. The proposed changes for Plymouth Road will take care of the east/west traffic. The proposed expressway for Schoolcraft will also help. All these changes will help reduce the traffic problems for Wonderland. They had estimated that at peak hours Henry Ruff will have to carry 5,000 cars. During these peak hours the children will be crossing Henry IIi Ruff. Mr. Slater concluded by stating that they would like their matter considered very carefully. They were not represented by counsel but if it was felt that they j should be, they would obtain one. Mr. McCullough asked Mr. Slater if they were aware of the fact that the road is not being put through now? Mr. Slater answered they were but they were looking in the future. They would like it deleted from the Master Thoroughfare Plan. 3u47 Mr. Walker asked Mr. Slater if he was representing any particular group of people? li: Mr. Slater answered he was representing the Bel-Air Gardens Subdivision, Devonshire Park Subdivision and other property owners on Henry Ruff Road. Mr. Walker asked if there was anyone else in the audience who wished to speak? Mr. Milligan stated that while he appreciated the remarks made, Henry Ruff is a half mile road and the Planning Commission is very protective of these half mile roads because even though they are not needed at the present time, they may be in ten or fifteen years. He stated that Livonia is set up with 86 ft. half mile roads throughout the city to take care of any traffic that developes within the half miles. He stated he would be reluctant to vacate a half mile road. Mr. Slater stated that the land for Henry Ruff has never been dedicated to Wayne County. It was a given road. They felt that the Planning Commission could work something out so as not to open up this half mile road. Mr. McCullough suggested that since nothing has been submitted by the representative for Wonderland as yet, it might be wise to have these men meet with him before this item is scheduled for another meeting. Mr. Angevine suggested that between now and the next meeting the Planning Commission should restudy any traffic projections that are available. i 1 Mr. Walker declared this item will be taken under advisement. He asked the gentlemen who were in the audience to submit their names and telephone numbers to the City Planning Commission office so that they may be called for a study on this matter. Mr. McCullough announced the next item on the agenda was a petition by the City Planning Commission on its own motion to determine whether or not Part I of the Master Plan, the Master Thoroughfare Plan, of the City of Livonia should be amended so as to relocate Harrison Avenue, immediately north of Schoolcraft in the South half of Section 24 from its present location to a new location easterly. Mr. H. Gordon, owner of property in said area was present. He explained why it was necessary to have Harrison relocated at this point. He was planning to build a motel, dining room and bar but did not have sufficient room for parking because of Harrison. Mr. Angevine asked if it would be possible to straighten Harrison out so that there wouldn't be two curves between Lyndon and Schoolcraft? Mr. Gordon answered he did not think so because the concrete for Harrison was already in at the intersection of Lyndon and Harrison and Harrison had to be curved at Schoolcraft so that he would have sufficient parking space for his motel, dining room and bar. He said he felt the curve would help to slow down traffic since this was a half mile road and would have more traffic upon it than a secondary street. Mr. Milligan asked Mr. McCullough how much would it cost to straighten out Harrison aboue the proposed curve now being discussed? Mr. Gordon stated that this couldn't be done because he already had houses on one side of the street above this proposed curve. Mr. McCullough presented an alternate scheme Mr. Gordon had submitted. This plan • 3648 closed Harrison at the point where it would start curving to the east and it also opened up the area between the Buckingham Subdivision and Gordon & Begin's subdivision by continuing Buckingham between these two subdivisions. Mr. Anderson said if this is done there would be no north/south street on the north side of Schoolcraft between Cardwell and Middlebelt road - a distance of approximately 3/4's of a mile. Mr. Gordon stated they did not own the property between these two subdivisions so he wasn't sure this could be worked out. It had only been a suggestion. Mr. Walker asked if there was anyone in the audience who wished to speak? Mr. Milligan stated he would hate to see this half mile road cut off. Mr. Okerstrom suggested that Mr. Gordon bring in a plan showing the proposed new buildings with the proposed relocation of Harrison so that the Planning Commission could see the complete layout. Mr. Walker concurred with Mr. Okerstrom. He stated it might be wise to also show the curve at Harrison and Lyndon. He informed Mr. Gordon that if he would bring in these plans to Mr. McCullough this item can be on the next Planning Commission's agenda. He concluded by stating this item would be taken under advisement. Mr.McCullough announced the next item on the agenda was Petition M-271 by Betty Garbut, Agent for Burger Chef, Inc. , requesting approval to erect a self-service restaurant on property located on the north side of Plymouth Road approximately 400 feet east of Stark Road (property known as 34110 Plymouth) between Farmington and Stark Roads in the Southeast 1/4 of Section 28. Mrs.Betty Garbut was present. She stated this was a self service restaurant. There would be no car hops. There was adequate property so that there would be no traffic problems. She stated that the average customer is on the lot 10 to 15 minutes. There is no music and it is a limited menu. The customers can eat in their cars but most of their customers prefer to take the food home. No food is consumed in the building. There are no female employees. She continued by stating the depth of the property was 650 feet. They intend to build the protective wall at the back of the property to be used for the restaurant. The rear 400 ft. will not be used for the restaurant although it is owned by the petitioner. Mrs. Garbut presented photographsof a similar building in Dearborn. She stated that the refuse will be picked up each day but if an incinerator is required one can be installed. Dr. Allen asked if they intended at any time in the future to hire car hops? Mrs. Garbut answered they did not, the building was not designed for it. Mr. Walker said the photographs showed picnic tables and chairs - is it intended to have outdoor service? 1 Mrs. Garbut answered they wouldn't have outdoor service - the tables and chairs were there for those customers who wished to eat on these tables instead of sitting in . their cars. Mr. Walker asked if there was anyone in the audience who wished to speak? 3649 Mr. Mike Sasanelli, 33991 Plymouth Road stated he felt there were enough drive-in IL: restaurants on Plymouth Road. He owned Mike's Grill across from the proposed Burger Chef Restaurant. He said this new restaurant would hurt his business. Mrs. Garbut stated that because Burger Chef does not carry ice cream, pies or cakes, etc. , she did not feel they would fringe on Mr. Sasanelli's business. They would only have the 15c hamburger and french fries. Mr. J. Vanzo, 12066 Boston Post Road, representing the Tri-Civic Association , stated they were not objecting to the use, since it was zoned for such a use but they were interested in the propertyimmediately in back of the proposed drive-in. They did not want to see this property landlocked. He suggested that an easement be made so that this property does not get landlocked. Mr. Anderson asked Mrs. Garbut if the wall was to be erected as shown? He said it would not be in line with the wall from the gas station immediately east of their property. Mrs. Garbut stated the walls would not line up but because of the ditch on that side of their property, they would have to have an opening. She stated they would like to develop the property at the rear and would need as much property as they could get, this was the reason they had the it wall 175 ft. instead of 360 ft. from the center of the road. They hoped to have some kind of a convalescent or nursing home for this area. Mr. Anderson stated he uo uld like to see a more detailed area map of this area showing the gas station, its wall, the surrounding homes, the new drive-in and the proposed new wall. Mr. Arthur Schemansky, 34118 Plymouth Road stated they have agreed to go in on the plans for the rear of the property. Mr. Walker declared the item would be taken under advisement until the next meeting. He suggested that the petitioner meet with Dave to draw up a detailed site plan of the area to be presented at the next meeting. He suggested that the easement to go to the rear of the property in question also be shown on this map. Mr. McCullough: The next item on the agenda is Petition M-273 by Sid Zirulink for Suburban Living, seeking approval for a sethack reduction on Lot 52 in the Biltmore Estates Subdivision, said lot located on the northwest corner of Yale and Schoolcraft Road in the Southeast 1/4 of Section 20. Mr. Sid Zirulink was present. Mr. McCullough explained to the commission members and audience that the zoning ordinance requires a 75 ft. setback on Schoolcraft but that a reduction can be approved by the City Planning Commission after a public hearing has been held. He said that the builder has a buyer for a house on this lot but he needs approxi- mately 1.75 ft. in the 75 ft. setback. A site plan was presented for clarification. Mr. McCullough asked Mr. Zirulink if he was planning to ask a reduction on the other houses fronting on Schoolcraft? Mr. Zirulink stated he was not. Mr. Walker asked if there was anyone in the audience who wished to speak? Mr. Okerstrom asked if the garage was going to built on the north side of the house? Mr. Zirulink answered it was. 3650 Upon a motion duly made by Mr. Okerstrom, supported by Mr. Angevine and I unanimously adopted, it was: #2-17-63 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, February 5, 1963 the City Planning Commission does hereby grant Petition M-273 of Sid Zirulink, Suburban Living requesting approval to encroach setback by 1.75 feet on Lot #52 in the Bilt- more Estates Subdivision located in the Southeast 1/4 of Section 20, 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. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. Walker called a recess at approximately 9:35 p.m. * * * * * Mr. Walker called the Public Hearing back to order at approximately 9:45 p.m. with all those present now who were present at the time recess was called. 11 Mr. McCullough announced the next item on the agenda was Petition M-272 by Russell E. Hidden seeking approval to build a travel agency office building to I be used for professional travel counseling on property located on the West side of Farmington Road, approximately 300 ft. north of Roycroft, between Roycroft and Rayburn in the Southeast 1/4 of Section 16. It was stated that because of the oral opinion from the City Attorney at the time of the original discussion of this subject, the request was denied. It now appears that the Law Department may have reversed themselves and if this is the case, the Chairman feels the matter should be held again. However, unless this office received a written communication from the Law Department to the effect that a contrary ruling has been rendered, there will be no hearing on the matter. Mr. McCullough stated there was a question of whether or not this was a professional use. He stated the petitioner has requested that this be tabled. Mr. Walker asked if there was anyone in the audience who wished to speak? Mr. Milligan asked if there was anymore information than what was presented two weeks ago? Mr. Volker stated that there is an opinion from the Law Department which states that this particular use is not spelled out in the zoning ordinance. Mr. Forrest stated the Planning Commission has the power to collect the facts, examine them and determine if this use is administrative or executive. a Mr. Walker stated this would be taken under advisement Upon a motion duly made by Mr. Okerstrom, supported by Mr. Milligan, it was #2-16-63 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on Tuesday, February 5, 1963 at approximately 9:55 p.m. 3651 A roll call vote on the foregoing resolution resulted in the following: IL: AYES: Allen, Ingold, Milligan, Anderson, Okerstrom, Angevine and Walker NAYS: None Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. Walker called the 157th Special Meeting to order at approximately 9:57 p.m. with all those present now who were present at the time the public hearing was adjourned. Mr. McCullough announced the next item on the agenda was Petition Z-574 by the City Planning Commission to determine whether or not to rezone property located approximately 402 feet north of the centerline of Schoolcraft Road, approximately 1300 ft. East of Middlebelt Road and approximately 145 ft. West of Lyons in the South half of Section 24 from R-3 to R-1A: Public Hearing 11/27/62, item taken under advisement. Mr. McCullough stated that Mr. Gordon has indicated that he feels he is being discriminated against because the Wilson property also zoned R-3 was not included in this petition. It was brought out the reason the Wilson property was not included was because it had never been platted. Mayor Harvey Moelke arrived at this time and stated that the discussion he had had with Mr. McCullough was to rezone the entire area zoned R-3 to R-lA but that the petition before the Planning Commission was for only one-half of the area. He said that Mr. Gordon has asked why his property was being rezoned and not the Wilson. Mr. Gordon has said he would not •lo anything to the property. It was brought out at this time that the Gordon/Begin property had already received final approval for platting. The Mayor continued by stating that Mr. Gordon has informed him that there are deed restrictions which restrict this property for anything but R-1. Mr. Gordon had informed him that he would not be getting any building permits for multiple dwelling until there is an opportunity to rezone the whole area. The Mayor stated he informed Gordon/Begin that the whole area should be R-1 to protect the other property owners already living there. He suggested that the Building Department be made aware of the discussion on this property and also that they be asked not to give any building permits until this has been decided upon. The Mayor stated that his office has been receivingaomplaints that this area is being downgraded and the property owners have asked that the R-3 area be looked into. Mr. Walker stated this item would be taken under advisement until the next meeting. He stated that in the mean time this whole area will be examined to determine what is the best use .fcr it before any rezoning is done. He thanked Mayor Moelke for his opinion. Mr. McCullough announced the next item on the agenda is approval of the minutes II: for meetings held on Tuesday, December l6, 1962 and January 6, 1963. Mr. Milligan made the following corrections: On Page 3620, (minutes of 12/18/62) the word "Bell Creek" on the fifth line of the seventh paragraph should be changed to read"property". On Page 3623, (minutes of 12/18/62) it should be noted that Mr. Milligan had directed his question to Mr. Okerstrom because he was the Chairman of the Plat Committee. This is in the second paragraph from the bottom. 3652 On Page 3630, (minutes of 1/8/63) in the eigt.h paragraph, it should be noted that it was Mr. Genova of the Parks & Recreation Department who had examined the property with Mr. Milligan and not Mr. Girardin as stated in the minutes. On Page 3631, (minutes of 1/8/63) in the seventh paragraph, it should be noted that it was Mr. Milligan's opinion that the area is so built up - not the Planning Commission's as stated. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Ingold, it was #2-19-63 RESOLVED that, the City Planning Commission does hereby approve the minutes for the meetings held on Tuesday, December 18, 1962 and January ii, 1963(as corrected) except for that person who was not present, he abstain from voting. A roll call vote on the foregoing resolution resulted in the following: AYES: Ingold, Milligan, Okerstrom, Angevine and Walker NAYS: None NOT VOTING: Allen and Anderson Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda is a request from E. C. Schubiner for a year's extension on the preliminary approval of the Ellen Kay Subdivision located north of Five Mile Road between Harrison and Middlebelt in the Southwest 1/4 of Section 13. Mr. McCullough suggested that this item be taken under advisement until the Parks & Recreation Department had submitted their report relative to a proposed park site on the property in the proposed plat. Mr. Walker declared that this item would be taken under advisement. Mr. Charles J. Pinto, Assistant City Attorney arrived at this time and submitted copies of the proposed revised new zoning ordinance to the Planning Commission members. Mr. Walker informed Mr. Pinto that the Plannic3 Commission has appointed a committee of two, namely, Mr. Edward Milliganand Mr. Robert L. Angevine, to review the new ordinance. After they have reviecu d it, they wish to have a meeting with Mr. McCullough and Mr. Pinto in order to discuss any questions or changes that may be necessary. Mr. Pinto explained the procedure of how the new zoning ordinance would be adopted. He stated the City Council would direct the Planning CornmisTien to hold a public hearing upon this new ordinance - after which the Planning Commission's recommendation will be forwarded to the City Council. The City Council will then hold their own public hearing. He stated that along with the new zoning ordinance, a new zoning map will be submitted and which will be passed upon at the same time the ordinance is adopted. This map is now being prepared by the Engineering Department in conjunction with the Planning Commission. II: Mr. Pinto spoke briefly on the contents of the ordinance and answered the various questions asked by the Planning Commission members. He suggested that the Commission adopt a resolution appointing the Reviewing Committee. 3653 Upon a motion duly made by Mr. Ingold, supported by Mr. Okerstrom, it was #2-20-63 RESOLVED that, the City Planning Commission does hereby appoint Mr. Edward Milligan and Mr. Robert L. Angevine asa committeeof two to review the proposed new zoning ordinance and report periodically back to the Planning Commission on any suggestions made by the committee. A roll call vote on the foregoing resolution resulted in the following: AYES: Allen, Ingold, Milligan, Anderson, Olerstrom, Angevine and Walker NAYS: None Mr. Walker declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Anderson and unanimously adopted, the City Planning Commission does hereby adjourn the 157th Special Meeting held on Tuesday, February 5, 1963 at approximately 11:15 p.m. CITY PLANNING COMMISSION 11111 R. L. Angevine, Secretary ATTESTE a2a-/ C 1 Charles W. Walker, Chairman 3