HomeMy WebLinkAboutPLANNING MINUTES 1963-10-15 ' 114013
1 MINUTES OF A REGULAR MEETING AND A
PUBLIC HEARING OF THE CITY PLANNING
COMMISSION OF THE CITY OF LIVONIA
On,Tuesday, October 15, 1963, the City Planning Commission of the City of Livonia held
the 155th Regular Meeting and a Public Hearing at the Livonia City Hall, 33001 Five
Mile Road, Livonia, Michigan. Mr. Edward Milligan, Chairman, called the 155th Regular
Meeting to order at approximately 8:35 p.m. Mr. Edward Milligan, Chairman, appointed
Mr. W. E. Okerstrom Secretary in the absence of Mr. R. L. Angevine.
Members Present: Mr. Milligan, D. Heusted, W. E. Okerstrom, D. Anderson and J. Cameron
Members Absent: Mr. Ingold, Dr. Allen, Charles Walker and R. L. Angevine
Mr. David McCullough, City Planner, was present along with approximately 30 interested
persons in the audience.
Mr. McCullough announced the first item on the agenda is Petition Z-610 by K & L
Development Corporation requesting the rezoning of property in the South
1100 feet of Parcel B which is located 750 feet South of Six Mile Road
approximately 2450 feet East of Newburgh Road and immediately West of
Golfview Meadows Subdivision in the Northeast 1/4 of Section 17, from
RLA to RM. Public Hearing, September 17, 1963, advisement; Special
Hearing October 1, 1963, advisement; Study Meeting October 8, 1963,
i advisement.
W. Rodney Kropf, Attorney for the petitioner, stated that at the Study Meeting on
October 8, 1963, he had submitted a plat for the consideration of all of the members
and he would like the commission to take this matter under advisement until the
next meeting so all Commissioners could vote on it.
Mr. Milligan stated that at the study meeting all of the members were present with
the exception of Mr. Anderson.
Mr. Okerstrom asked Mr. McCullough if this is the plat that we are asking for 80 foot
lots on the east and a buffer along the north? In as much as the north boundry is
not common ownership, is it too much to ask that you have 80 foot lots on the north
boundry? Mr. Kropf stated if this is the commissioners wishes, we will submit a plat
to show this. Would you give us an approval with the condition that we show an 80
foot buffer and 75 foot lots?
Mr. Milligan stated that the plat Mr. Kropf submitted to the City Planning Commission
is in no way binding.
Mr. McCullough stated that it is the petitioners right if he wants to hold it over
there should be no objections. Mr. Cameron stated he would like to see the new plat.
Mr. Milligan declared this item would be taken under advisement.
IiiMr. McCullough announced the next item on the agenda is Petition Z-589 by the City
Commission to determine whether or not to rezone certain property
:Planning
ocated 402 feet North of Schoolcraft Road and immediately East of Middle-
elt Road in the Southwest 1/4 of Section 24 from R1A & R3B to C-1.
Mr. McCullough stated the Law Department has been unable to give us an opinion.
Mr. Cameron asked what would happen if we voted an approval and it was not legal: Mr.
Milligan stated if our procedure is wrong we would have to readvertise the item. I
suggest we hold itoverpending the legal opinion.
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Upon a motion duly made by Mr. Cameron, supported by Mr. Anderson, it was,
d
#10-203-63 RESOLVED, that Petition Z-589, as amended, by the City Planning Commission
to determine whether or not to rezone certain property located 402 feet
North of Schoolcraft Road and immediately East of Middlebelt Road in the
Southwest 1/4 of Section 24 from R1A & R3B to C-1 be tabled until the
City Planning Commission receives a written opinion from the City Attorney.
A roll call vote on the foregoing resolution resulted in the following:
AYES: D. Heusted, D. Anderson; J. Cameron, W. E. Okerstrom and E. Milligan
NAYS: None
Mr. McCullough announced the next item on the agenda is Petition Z-612 by Leon Siegel
requesting the rezoning of property located on the Northeast corner of Vassar
Avenue and Middlebelt Road in the Southeast 1/4 of Section 1, from RUFB to
C-1. Public Hearing October 1, 1963, advisement; Study Meeting October 8,
1963, advisement.
Mr. Siegel stated I prefer to leave it at C-2 in case something happens to the lease
and someone new wants to go into a business. Mr. Milligan explained we try to keep
the zoning changes as close to the intended petition as possible.
,Mr. Anderson stated that it would be preferable if the petitioner decided to reconsider
and change the zoning to C-1.
' Mr. Milligan explained to Mr. Siegel that what has been indicated is, if Mr. Siegel
would consider a C-1 zoning, he would be supported, but a C-2 zoning will be denied.
Mr. Siegel asked if the Commission's position is to make a recommendation to the council.
Mr. Milligan stated that if the petitioner wanted to, he would not have to have another
public hearinz in order to change his request to C-1 zoning.
Mr. Siegel theu stated if I amended it, it will be favorable, it that right? Mr.
Milligan Er. eyed, "yes".
Mr. Siegel stated that he would like to have his petition changed from a C-2 to C-1.
. ton a motion duly wade by Mr. Okerstrom, supported by Mr. Cameron and unanimously
adopted, it was
#10-204-63 RESCLVED, that Petition Z-612 by Leon Siegel requesting the rezoning of
property located on the Northeast corner of Vassar Avenue and Middlebelt
Road in the Southeast 1/4 of Section 1, be amended to read from RUFB to C-1,
instead of RUFB to 0-2, as advertised.
Mr. Milligan declared the motion is carried and the foregoing resolution is adopted.
. Upon a motion duly made by Mr. Cameron, supported by Mr. Anderson and unanimously
adopted, it was
`410-205-63 RESOLVED, that pursuant to a Public Hearing having been held on Tuesday,
October 1, 1963, on Petition Z-612 by Leon Siegel requesting the rezoning
of property located on the Northeast corner of Vassar Avenue and Middle-
beit Road in the Southeast 1/4 of Section 1, from RUFB to C-1, the City
Planning Commission does hereby recommend to the City Council that Petition
Z-612 be granted for the reason that this land faces the Sears-Crowley
comple-: and is therefore unsuitable for residential use.
F
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FUaTh R RESOLVED, nct ice of the above hearing was published in the official
,e7;s'aper, The Livonia-City Post under date of September 11, 1963, and
notice of which hearing was sent to The Detroit Edison Co. , The Consumers
Power Co. , City Departments, petitioner as listed in the Proof of Service.
Mr. Milligan declared the motion is carried and the foregoing resolution is adopted.
Mr. McCullough announced the next item on the agenda is Petition Z-614 by the City
Fla:Iuirg Commission on its own motion to hold a Public Hearing to be held
o aatermine whether or not to rezone property located between two (2)
lines, both of which are parallel to the centerline of Schoolcraft Road.
The most northerly is 252 feet South of the centerline. The Southerly
being generally 900 feet South of the centerline, and extending Westerly
from tic West line of Velvet Peanut Butter property to Merriman Road,
from ^USB to M-1. Public Hearing October 1, 1963, advisement; Study
Meeting October 8, 1963, advisement.
Mr. Milligan stated the representatives for two groups appointed by the people involved
want the zoning extended to Schoolcraft Road. Mr. Cameron asked if the Commission
would move the zoning up to Schoolcraft Road would the City Planning Commission have
to do it on its own and hold another public hearing? Mr. Milligan said, yes, or if
I!: action is taken on this and the homeowners wanted to they could apply for rezoning
themselves.
U?on a motion duly made by Mr. Anderson, supported by Mr. Okerstrom and unanimously
adopted, it was
#10-206-63 FESOLVED, that pursuant to a Public Hearing having been held on October 1,
19CS, on Petition Z-614 by the City Planning Commission on its own motion
to hold a Public Hearing to determine whether or not to rezone property
located between two (2) lines, both of which are parallel to the center-
line of Schoolcraft Road. The most Northerly is 252 feet South of the
centerline. The Southerly being generally 900 feet South of the centerline
and extending Westerly from the West line of Velvet Peanut Butter property
to Merriman Road, from RUFB to M-1,the City Planning Commission does hereby
recommend to the City Council that Petition Z-614 be granted as advertised
for the following reasons:
(a) that this area is within the Industrial Belt which the City needs to
support its ultimate population;
(b) that part of the area is already served by all utilities and should
the::cfo_c be zoned in order that it can be utilized;
(c) that so long as it remains zoned residential, the City has no legal
basis for excluding residential uses even though all concede that the area
should ultimately be zoned industry.
FURTHER RESOLVED, notice of the above hearing was published in the official
newspaper, The Livonia-City Post under date of September 11, 1963, and
notice of which hearing was sent to The Detroit Edison Co. , The Consumers
Power Co. , City Departments, petitioner as listed in the Proof of Service.
Mr. Milligan declared the motion is carried and the foregoing resolution is adopted.
4016
Mr. McCullough announced the next item an the agenda is Petition Z-603 by the City
Planning Commission on its own motion to determine whether or not to
amend Section 11.02 of Article 11.00 of Ordinance No. 60 by adding a
sub section to provide that a Class C licensed establishment shall not ba
located within 1000 feet from any other Class C establishment. Public
Hearing July 23, 1963, advisement; Study Meeting C_to'.;a:- 0, 1963,
advisement.
Mr. Milligan stated that in discussing this item before, this rule might not be help-
ful but actually injurious to some. Take Roma Hall for instance, if they wanted
a liquor license, I don't think they could get one. Mr. McCullough stated that is
why there should be protection for those land owners who, without knowledge, have
already invested in land or committed themselves to leases in violation of this
provision.
Mr. Milligan asked Mr. McCullough is there was any area in the City where this rule
would not be a help? Mr. McCullough stated this would not affect existing bars.
Nr. Okerstrom stated that this rule in it's present form would keep existing bars
from having competitors, and I don't think this has any merit. Mr. Milligan explained
that the idea behind this is to protect the city as it grows.
1170 Mr. Okerstrom stated the population has been growing for the last 10 years and the
bars have been growing nicer all along.
Mr. Rodney Kropf stated that the Michigan State Liquor Control Commission has changed
their policy regardless of where the site is, it has to have the approval of the
local government body. This is on way the local government body does have to stop
the so called slum area.
Mr. Okerstrom stated I do not think it is fair competition and I would like to make
a motion that we deny this petition, Mr. Cameron supported the motion.
Upon a motion duly made by Mr. Okerstrom, supported by Mr. Cameron, it was
#10-207-63 RESOLVED that, pursuant to a Public Hearing having been held on Tuasday,
July 23, 1963, on Petition Z-608 by the City Planning Commission on its
own motion to determine whether or not to amend Section 11.02 of Article
11.00 of Ordinance No. 60 by adding a subsection to provide that a Class
C licensed establishment shall not be located within 1000 feet fro:a any
other Class C establishment, the City Planning Commission_ does hereby
recommend to the City Council that Petition Z-608 be denied . or the reason
that it would tend to give undue protection to existing tars and re_TDve
the element of competition.
FURTHER RESOLVED, notice of the above hearing was published in the official
newspaper, The Livonia-City Post under date of July 3, 1963, and notice
of which hearing was sent to The Detroit Edison Co. , The Consumers Power
Co. , City Departments, petitioner as listed in the Prcof of Service.
• A roll call vote on the foregoing resolution resulted in the following:
II
AYES: Cameron, Anderson, Okerstrom, and Milligan
NAYS: Heusted
Mr. Milligan declared the motion is carried and the foregoing resolution is adopted.
4017
Mr. McCullough announced the next item on the agenda is discussion of resolution to
advise the County and Plymouth and Northville Townships of how we would
like to have them treat their lots adjacent to Eckles Road, Special
Meeting September 10, 1963, advisement; Regular Meeting September 17,
1963, advisement.
Mr. Milligan stated that he would like Mr. McCullough to prepare an outline to become
a part of the resolution, in other words, a set of specifications which we wish to
impart to these communities.
Mr. Milligan declared this item will be taken under advisement.
Mr. McCullough announced the next item on the agenda is approval of minutes for the
167th Special Meeting held on Tuesday, September 10, 1963.
Upon a motion duly made by Mr. Okerstrom, supported by Mr. Cameron, it was
#10-208-63 RESOLVED, that the City Planning Commission does hereby approve the minutes
for the meeting held on Tuesday, September 10, 1963, 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: Cameron, Heusted, Anderson, Okerstrom
NAYS: None
NOT VOTING: Mr. Milligan
Mr. Milligan declared the motion is carried and the foregoing resolution is adopted.
Mr. McCullough announced the next item on the agenda is a request for bond release
for Application TA-91. This top soil was removed from property located on
the north side of Six Mile Road between Farmington and Newburgh Road.
Mr. Okerstrom wanted to know where the property is located, Mr. McCullough stated
it is in Denmar Estates.
Mr. Milligan stated that the resolution should read that the release in the amount
of $45,000.00 is approved with the understanding that a $10,000.00 new bond is to
be filed to cover the removal of the stockpile on a smaller area.
Mr. McCullough advised Mr. Milligan that in Mr. Sanderson's letter of October 15, 1963,
h_e �a- tes that a permit has been issued recently for soil removal operations on this
property, covering a smaller area and a $10,000.00 bond has been filed under TA-100.
Upon a motion duly made by Mr. Anderson, supported by Mr. Cameron, it was
MO-209-63 RESOLVED, that pursuant to the report and recommendation of the Bureau
of Inspection dated October 15, 1963, the City Planning Commission does
herein authorize the release of the bond dated August 1, 1962, in the amount
of $45,000.00 by The Travelers Indemnity Company of Hartford, Connecticut,
li posted with the city in connection with topsoil removal operations performed
under Permit No. 86, (Application TA-91) issued to A. K. Miller, Inc. ,
26940 Lahser, Southfield, Michigan; it appearing from the above report that
all ordinance provisions and rules and regulations have been complied with;
and the City Clerk is herein authorized to do all things necessary to the
full performance of this resolution.
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A roll call vote on the foregoing resolution resulted in the following:
AYES: Cameron, Heusted, Anderson, Okerstrom
NAYS: Milligan
Mr. Milligan declared the motion is carried and the foregoing resolution is adopted.
Upon a motion duly made by Mr. Cameron, supported by Mr. Okerstrom and unanimously
adopted, the City Planning Commission does hereby adjourn the 155th Regular Meeting
held on Tuesday, October 15, 1963, at approximately 9:15 p.m.
* * * * * * * * * * * * * *
Mr. Milligan, Chairman, called the Public Hearing to order at 9:30 p.m. with approxi-
mately 30 interested persons in the audience.
Mr. McCullough announced the first item on the Public Hearing agenda is Petition Z-616
by the City Planning Commission on its own motion to hold a Public Hearing
to determine whether or not to rezone property located in the Southwest
1/4 of Section 26 in the Southeast 1/4 of Section 27, from RUFB to M-1.
Mr. McCullough stated that this petition came to us from the Industrial Development
Commission. Mr. Andrew is in the audience and would Tike to speak on this matter.
Mr. Andrew stated, in the industrial belt we have a large amount of acreage, however,
there is very little frontage available. One of the requirements to sell is frontage
on a private road. The property on the West side of Merriman (180 acres) is owned by
Wrigley Super Market Store. If we can rezone, I will then be in a position to put
acreage together and come up with a plant site. I cannot promise anyone that they
will have a buyer for their property.
At this time, Mr. Rodney Kropf submitted a petition signed by the following 8 people;
Bert McKinaey, 11721 Merriman Rd. , Albert M. Rhode, 11725 Merriman Rd. , Reed Hockaday
11735 Merriman Rd. , Fielder A. Schaffer, 11939 Merriman Rd. , Charles A. Schaffer, 11905
Merriman Rd. , Charles D. Schaffer, 11885 Merriman Rd. , Carl Rohde, 12077 Merriman Rd. ,
and Alfred Garchow, 12055 Merriman Rd. , and advised the City Planning Commission that
he would act as spokesman for this group.
Mr. Kropf stated these are some of the oldest families in the city. They are not
interested in having their home sites turned into an industrial area. The Bureau of
Taxation might recognize their property as industrial property and up the assessed
valuation. They have no assurance that this will not happen.
Mr. Kropf also stated that the City Assessor is just the agent for the County. If
any of my clients would try to sell or rent his property, or if his property is not
occupied for a year then it can no longer be a home. I realize that the Industrial
Development Commission is seeking to attract industry to the city, but in the area
these people have lived here many years and they just want to be left alone.
lil Mr. Andrew asked if these people lived on the West side of Merrimen. Mr. Milligan
answered they live on the East side of Merriman, part of this area presently has
industrial development. Mr. Andrew said, yes, part of it is zoned M-1 now.
Mr. Milligan asked if there was anyone in the audience who wished to speak?
4019
Mayor Moelke stated that last year we reduced the assessment on all of the houses in
the City because we felt they were assessed too high. The County cannot assess on
their own. If they felt they were too low, or too high, they would equalize. In the
case of the property in the industrial belt and particularly on Merriman, there are
many small plants that are operating now on Merriman. The zoning will have very little,
in fact, no effect on the assessed value of this property.
Mr. Milligan stated, on the termination of a nonconforming use, the point, or question,
was brought up, if a resident went South for a year and they then would cone back, he
could not live in his home. Section 418, Paragraph B, in the ordinance reads; Actual
discontinuance of such valid non-conforming use for a period cf one (1) year, either
as to the whole or any part of a building or parcel of land, in which case such dis-
continuance shall be considered an abandonment of said use;
Mr. McCullough asked if the people Mr. Kropf is representing live on both sides of
Merriman. Mr. Kropf said no, on the West side only. Mr. McCullough then asked if
those of you that live on the West side would have any objection to the zoning on
the East side? There was a negative reaction to this question.
Mr. Fielder Schaeffer, 11939 Merriman wanted to know what could they get for their
property and what would they do with the home on it. Mr. Milligan stated he wasnot
in a position to say.- Mr. Shaeffer asked if anyone would be willing to pay us for our
house plus the acreage of land. Mr. Milligan said generally speaking they would
I probably offer you sufficient to replace your house.
3
Mayor Moelke stated the rezoning of this property does not mean that anyone of these
people have to sell their property. Our problem is the industrial sites we have,
very few sites at the present time have utilities. For example, the Post Office
gave an option on the valuation of the property just for acreage. The depth and how
many feet of frontage you have, etc.
Mr. Milligan stated that very often an industry will come in and not want to go through
rezoning. We have lost business because of this.
Mr. Bert McKinney, 11721 Merriman, stated we have a vacant lot next to us and I don't
want to live next to a factory and I don't think you would want to either.
Mr. Andrew stated the Industrial Development Commission does not desire to force anyone
out of their homes. Mr. McKinney stated that there are 15 houses in the area and I
don't see where the city is going to benefit anything out of rezoning if the owners
won't sell.
Mr. Milligan explained to the public that this is a public hearing and no action is
taken at this time, there will be a study session and then, when the m atter is
brought back at the next meeting the commission will take their :ote on this item..
Mr. Milligan declared this item will be taken under advisement.
Mr. McCullough announced the next item on the agenda is Petition Z-617 by the City
Planning Commission on its own motion to hold a public hearing to determine
whether or not to rezone property located South of Schoolcraft Road between
Alois Avenue and Farmington Road, in Sections 28, 29 and 30 from RUFB to M-1.
Mr. Milligan asked if there was anyone in the audience who wished to speak on this item.
4020
Mr. George Hisle, 13175 Newburgh Road, stated that he did not want his home zoned M-1.
I don'tthink this body of mem has any right to put any zoning on this property.
Mr. Milligan asked if there was a deed restriction on this property? Mr. Hisle stated
that Schoolcraft Manor Subdivisions #1 and 2 which covers about 38 acres on the North-
west corner of Section 30.
Mr. Milligan asked Mr. Andrew if he knew about these restrictions? Mr. Andrew stated
He h d heard of the deed restrictions, however not the same section of land and the
same subdivision.
Mr. Hisle stated he had a copy of Judge Culehan's ruling and it has been approved by
the Supreme Court. Mr. Milligan suggested that Mr. McCullough talk with Mr. Hisle
and get an opinion from the Department of Law. Mr. Hisle said he would give a copy
of the ruling to Mr. McCullough.
Mr. George Kendrick, 33635 Schoolcraft, stated I am for the rezoning of this to M-1.
Mr. Frank Waskelis, 13540 Stark Road, stated I am for this providing it doesn't change
our taxes.
Mr. Kendrick stated the tax assessor told us there is no difference in the taxes.
Mr. Waskelis wanted to know if he wanted to lease the property, would it have anything
to do with a non-conforming use permit. Mr. Milligan stated, as long as the home is
used as a dwelling place you have a ligitimate non-conforming use.
Mr. Thomas R. Snider, 36701 Schoolcraft, stated, I am in favor of this zoning.
M-r. McCullough asked if he had a deed restriction in his area. Mr. Snider stated
if we do, I am not aware of them.
Mr. Milligan stated this item will be taken under advisement.
Mr. McCullough announced the next item on the agenda is Petition Z-615 by Aurel Bacon
requesting the rezoning of property located on the Northwest corner of
Pembroke and Milburn Avenue in the Northwest 1/4 of Section 2, from RUFB
to R-M.
Mr. McCullough stated because one of the neighbors was concerned, we went out and
measured the houses. Mr. Bacon has the corner of Milburn and Pembroke, it was his
intention to get a 70 foot lot on Milburn andput a home here. This home as he ex-
plained it to ne would be backward to the home on Pembroke. He would be facing Milburn
with the new home.
iMr. Milligan stated his back yard would have to be about 12 foot.
Mr. Paul Ashley, 30750 Pembroke, stated the ordinance stated 35 feet.
IllMr. Milligan stated he would be building this new home for himself and his present
home would be occupied by his son-in-law. Mr. Ashley stated that the neighbors felt
the same way he did, they don't want this.
Mr. Milligan asked Mr. McCullough if he had a chance to talk to Mr. Bacon, Mr. McCullough
stated we measured it today and he will have a very short rear yard.
Mr. Milligan. said he had talked with Mr. Bacon on Sunday and he said he would like to
build himself a smaller house.
i
4021
Mr. Milligan declared this item would be taken under advisement.
Mr. McCullough announced the next item on the agenda is Petition V-76 by Addison W.
Bacon requesting the vacating of the 10 foot wide public walkway easement
to Lots 31 and 32 in Fairway Farms Subdivision located in the Southeast
1/4 of Section 17.
Mr. Bacon stated, this is now a weed infested place, it has never been cared for.
Originally it was intended for a paved walkway easement and it has never been paved.
We can't landscape it because of people traveling back and forth, if it is vacated,
we can legally ask them to keep off.
Mr. McCullough stated Mir. Bacon has agreed to convey an easement to the city if in the
future they want to buy the parksite the kids will have a right to go over it.
Mr. Milligan said, in other words, the city would get the easement if we need it.
Mr. McCullough stated, "that is right".
Mr. Milligan declared this item will be taken under advisement.
Mr. McCullough announced the next item on the agenda is Petition V-77 by Richard
Lockridge for Lynch & Skinner requesting the vacating of a portion of
Beatrice Avenue located 112 feet North of Linda Avenue on Beatrice Avenue
in B. E. Taylor's Green Acres Subdivision in the North half of Section 23.
Mr. McCullough stated the remainder of the cul-de-sac is still there. The gentlemen
bought the lot, and because of existing setback requirements, he will be way out of
line with all the other houses.
Mr. Fastino, 29628 Lyndon, stated he would like to know if the lot will be split in
any way. Mr. Milligan explained that the petition is not tosplit this property, it
is so the petitioner can maintain the building line.
Mr. Milligan stated this item will be taken under advisement.
Mr. McCullough announced the next item on the agenda is Petition M-300 by A. J. Erwin
Reel Estate Representative for Shell Oil Company, requesting the approval
to erect a gasoline service station on the Northeast corner of Newburgh
and 6 Mile Road in the Southwest 1/4 of Section 8.
Mr. McCullough stated that it will be a brick station, Mr. Erwin said it will be a
rai_ch type of building.
Mr. C:erstrom asked about the ingress & egress. Mr. Erwin stated we have 150 feet on
both roads, there won't be any cut corners.
Mr. Milligan stated this item will be taken under advisement.
Mr. McCullough announced the next item on the agenda is in regard to preparation for
the annual Christmas party.
After a brief discussion the commissioners nominated Mr. Okerstrom and Mr. Walker
to arrange the evening entertainment.
[ 4022
Upon a motion duly made by Mr. Angevine, supported by Mr. Heusted and unanimously
adopted the City Planning Commission does hereby adjourn the 155th Regular Meeting
held on Tuesday, October 15, 1963, at approximately 10:30 p.m.
CITY PLANNING COMMISSION
R. L. Angevin-- , Secretary
ATTESTED:
jjjj G 3
Edward G. Milligan, Chairman