HomeMy WebLinkAboutPLANNING MINUTES 1964-10-20 C..?-44-3;2)
1[40 MINUTES OF THE 167TH REGULAR MEETING, THE 191ST SPECIAL MEETING
AND A PUBLIC HEARING BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
Oh Tuesday, October 20, 1964, the City Planning Commission of the City of Livonia,
had the 167th Regular Meeting, the 191st Special Meeting, and a Public Hearing
at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan.
Mrt Charles W. Walker, Chairman called the 167th Regular Meeting to order at
approximately 8:25 p.m. with approximately 14 interested persons in the audience.
Meiabers present: Raymond W. Tent Charles W. Walker Bob R. Whitehead
James Cameron Donald Heusted
Members absent: None
Messrs. Don Hull, Planning Director; Harry C. Tatigian, First Assistant City
Attorney; and Daniel R. Andrew, Coordinator, Industrial Development Commidsion,
were present.
Mr. Whitehead announced the first item on the agenda is Fetation M-328 by
Messrs. Albert Nelson and Bruce K. Wayne, requesting approval to, erect
multiple dwellings oh property located on the south side Of Five Mile
Road, between Brookfield and Fairfield in the Northwest 1/4 of
Section 22. Public Hearing 9/15/64; Study Meeting 9/22/64.
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Mr. Walker announced that at this time the commission does not have satisfactory
data on this development in order to take action; therefore, Petition M-328 would
be taken under advisement.
Mr. Whitehead announced the next item on the agenda is Petition M-330 by
David M. Zack, requesting approval!:to erect and operate a coin operated
auto wash on property located on the North side of Joy Road, approxi-
mately 470 feet east of Hartel Avenue in the Southwest 1/4 of Section
36. Public Hearing 9/15/64. Mr. Zack Was presents
Mr. Walker stated that facts show that the approval of this request would
possibly add additional revenue for the operator of the gasoline service station
which he needs to supplement his business. Also, it would not be detrimental to
the area.
Upon a motion duly made by Mr. Whitehead, seconded by Mr. Heusted, it was
#10-199-64 RESOLVED that, pursuant to a Public Hearing having been held
September 15, 1964, the City Planning Commission does hereby
grant Petition M-330 by David M. Zack, requesting approval to
erect and operate a coin operated auto wash on property located
on the North side of Joy Road, approximately 470 feet east of
Hartel Avenue in the Southwest 1/4 of Section 36 for the follow-
ing reasons:
(1) The operator needs the additdcnal revenue from this intended
use to supplement his business. Apparently this service
station is marginal in operation and the owner requires
$ supplementing income to continue the operation, and
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(2) The proposed use would not be determental to the area, and
(3) This service station site is exceptionally large and there
is ample room to include this additonal facility, 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. Tent stated he had no objection to request but did object to the manner in
which it is being handled. The City of Livonia has ordinances requiring a
protective wall between the service station and the adjacent residential property
and in order to enforce the ordinance the City of Livonia has had to go to Court
to get it done. Requested petitioner and/or owner erect this masonry wall on the
perimeter of the gas station property in acoordance with the ordinance and then
come back to this commission for approval of coin operated auto wash.
Mr. Walker asked Mr. Tatigian about litigation regarding masonry wall that is in
court. Mr. Tatigian stated that so long as the minutes show that the petitioner
and/or the property owner have agreed at this time to erect a wall in connection
with use, this is all that is necessary. Mr•ZAck stated it is their intention to
construct the proposed coin operated auto wash and the protective wall at the
same time.
A roll call vote on Resolution No. 10/199-64 resulted in the following:
AYES: Cameron, Heusted, and Whitehead
NAYS: Tent and walker
Mr. walker, Chairman, declared the motion is carried and the foregoing resolution
is adopted.
Mr. whitehead announced the next item on the agenda is the preliminary approval
of Blue Grass Farms Subdivision being a part of the south half of
Section 18, located on the North side of Five Mile Road approximately
2060 feet west of Newburgh Road, just east of Holy Trinity Lutheran
Church. Public Hearing 8/4/64; Study Meetings 8/10/64, 9/29/64; and
Regular Meeting 9/13/64.
Mr. Walker asked Mr. Hull if in his opinion this seems to be a well-laid out
subdivision. Mr. Hull stated the mhanges that commission requested have been made
and it appears to be a subdivision of high calibre. Commission requested a
marginal access road; that the exception be included in plat and service drive
to be across this exception; and the public dedication of Five Mile Road for the
full length be dedicated at this time. The subdivi sion is consistent with the
zoning.
Upon a motion duly made by Mr. Cameron, seconded by Mr. Whitehead, and
unanimously adopted, it was
#10-200-64 RESOLVED that, pursuant to a Public Hearing having been held
August 4, 1964, the City Planning Commission does hereby give approval
to the preliminary plat of Blue Grass Farms Subdivision located on
the North side of Five Mile Road, approximately 2060 feet west of
Newburgh Road, just east of Holy Trinity Lutheran Church in the South
half of Section 18, and
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(40 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 Building Department, Superintendent of Schools,
Fire Department, Police Department, Parks and Recreation Department,
and Members of the Plat Committee.
Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution
is adopted.
Mr. whitehead announced the next item on the agenda is a request dated October 1,
1964 from Daniel R. Andrew, Coordinator, Industrial Development
Commission requesting the Planning Commission to make a motion to
determine whether or not to amend the Master Thoroughfare Plan in
order to provide for the extension of Hubbard Road southerly from
Schoolcraft Road to the C & 0 Railroad in the North half of Section 27.
Mr. Andrew stated that he thought it the feeling that provision should be made for
the extension of Hubbard Road just to the C & 0 Railroad at this time because at
some future date the dump site will be filled in and there may be a need for outlet.
Upon a motion duly made by Mr. Tent, seconded by Mr. Heusted, and unanimously
adopted, it was
#10-201-64 RESOLVED that, pursiant to the provisions of Act 285 of the Public
IL: Acts of Michigan, 1931, as amended, the City Planning Commission
of the City of Livonia on its own motion does hereby establish and
order that a public hearing be held in the City Hall of the City of
Livonia, to determine whether or not Part I of the Master Pan of
the City of Livonia, that is, the Master Thoroughfare Plan, should be
amended so as to provide for the extension of Hubbard Road southerly
from Schoolcraft Road to the C & 0 Railroad in the North half of
Section 27, and
IT IS FURTHER RESOLVED, that notice of time and place of said public
hearing shall be published in a newspaper of general circulation 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 Act 285 of the Public Acts of Michigan of 1931, as
amended.
Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution
is adopted.
Mr. whitehead announced the next item on the agenda is a letter fro m Rouge
Building Company requesting a year's extension on the preliminary plat
of Burton Hollow Estates Subdivision, No. 6 located approximately
1,070 feet South of Six Mile Road and west of Farmington Road between
IE: Burton Hollow Estates Subdivision, No. 3 and Golfview Meadows Sub-
division in the Northwest 1/4 of Section 16.
The petitioner nor a represehtative was present.
Mr. Walker asked when the approval of the preliminary plat becomes null and void.
Mr. Hull stated November 5, 1964.
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Mr. Cameron asked whether petitioner is willing to dedicate to the City of
Livonia Outlot A as shown in the plat with the wording "Outlot A dedicated to the
City of Livonia for public park purposes and use." Mr. Hull stated he did not
know and that it has not been discussed with developer.
Mr. tent asked whether this extension could be granted without this being done.
Mr. Hull stated that if extension is granted without incorporating this
provision, it would be something that would have to be done when the final plat
is submitted. Did not think developers would have any objection to this being
done now.
Mr. Tent asked whether it wouldn't be advisable to have developer before
commission to be sure. Mr. Walker requested a letter be written to the
developer notifying him that commission has taken this request for an extension
under advisement until such time as commission has had an opportunity to discuss
dedication of Lutlot A and the wording contained thereon.
Mr. Walker questioned flood plain area. Mr. Hull stated that it is developers
intension that exterior of the plat be the center line of the creek; however, it
is not drawn out specifically. Mr. Walker stated he thought plat should be
specifics The exterior boundary should be in the center of the flood plain.
Requested that this point also be discussed with developer.
Mr. Walker declared that request from Rouge Building Company for a one year
extension on the preliminary plat of Barton Hollow Estates Subdivision, No. 6
IL: be taken under advisement.
Upon a motion duly made by Mr. Tent, seconded by Mr. Cameron and unanimously
adopted, the City Planning Commission does hereby adjourn the 167th Regular
Meeting held on Tuesday, October 20, 1964 at approximately 8:45 p.m.
*HH HH rHHHHH
Mr. Walker, Chairman, called the Public Hearing to order at approximately 9:05 p.m.
with approximately 25 interested persons in the audience in addition to those
present for the Regular Meeting.
Mr. Whitehead announced the first item on the agenda is Petition Z-662 by
Andrew J. and Helga Tatar requesting the rezoning of property
located on the southwest corner of Cardwell and West Chicago in
the Southeast 1/4 of Section 36 from RUFB to R-1-A. The
petitioners were present.
Mr. Walker read letter dated September 5, 1964 from the petitioners. Mr. Tatar
stated the lot is useless as it is now. Intend to buili a nice house on it which
will be their own. Under the zoning ordinance, it is not possible to maintain a
40' setback from Cardwell and still have room for a house.
Mr. Hull suggested that request be better handled by the Zoning Board of Appeals
rather than the Planning Commission. Stated he is concerned about the drastic
I[: zoning change such as it requested. This could be considered spot zoning.
Mr. Tatigian stated he would go along with this being spot zoning and that the
statements made by the petitioner would indicate a hardship involved that might
better be handled by the Zoning Board of Appeals. The petitioner stands a good
chance of getting a variance from the Zoning Board of Appeals because he cannot
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build on lot as is. Also, petitioner weld be able to get faster action before
the Zoning Board of Appeals than the Planning Commission and the City Council
and that he has been ill advised to go this route. Petitioner also paid $45 for
this petition whereas before the Zoning Board of Appeals it is less.
Mr. Walker stated that rather than continuing this item would suggest petitioner
withdraw request and commission could request refund of fee. A letter should be
forwarded to the City Clerk stating that this item was removed because it was
improperly submitted to this board so that petitioner could obtain refund.
fir. Tatar requested that commission grant him permission to withdraw petition.
Upon a motion duly made by Mr. Whitehead, seconded by Mr. Tent and unanimously
adopted, it was
#10-202-64 RESOLVED that, the City Planning Commission does hereby allow
Andrew J. and Helga Tatar to withdraw Petition Z-662 requesting
the rezoning of property located on the Southwest corner of
Cardwell and West Chicago in the Southeast 1/4 of Section 36
from RUFB to R-1 A because it has been det •rmirned that this
request was improperly submitted to this board and could be
more readily processed before the Zoning Board of Appeals.
Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution
IL: is adopted.
Mr. whitehead announced the next item on the agenda is Petition Z-663 by the
Planning Commission on its own motion requesting the rezoning of the
north 252 feet of Parcels 26C1a, 26C2a, 26C3a, and 26C4a located on
the south side of Schoolcraft Road, 2000 feet west of Middlebelt
Road, just west of the Velvet Peanut Butter Plant in the Northeast
1/4 of Section 26, from RUFB to M-1.
Messrs. John Liptak, 30521 Schoolcraft Road and Norman Johnson, 30315 Schoolcraft
Road were present.
Mr. Liptak stated that this area should have been included in the original
petition rezoning this section.
Mr. Walker stated that Petition Z-663 would be taken under advisement.
Mr. Whitehead announced the next item on the agenda is Petition TA-107 by
William Ponder, Attorney for A. K. Miler, Inc. requesting
approval to remove a stockpile of topsoil from the proposed
Denmar Estates Subdivision located on the N rth side of Six Mile
Road approximately 1300 feet west of Wayne Road and east of
Newburgh Road in the Southeast 1/4 of Section $. Mr. Ponder was
preseat.
Mr. Ponder staid that this is a request for the removal of topsoil. Permision
I[: was granted to A. K. Miller, Inc. in 1962 to remove topsoil on the property known
as the Wagenschutz Farm. :n September, 1963 permission was again granted as the
1962 permit had expired. Permission to remove topsoil is good for one year only
at the end of which if the job has not been completed the applicant has to return
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to commission for renewal. At this time applicant wishes to secure permission
to remove 'a stock pile of topsoil which is all that there is left now; Applicant
needs another year to complete project.
Mr. Walker read letters dated October 20, 1964 from William J. Strasser, Chief
City Engineer, Division of Engineer; and dated October 9, 1964 from James N.
Jordan, Chief, Livonia Police Department.
Mr. walker asked how much topsoil is involved so that commission can establish
a reasonable bond. Mr. Ponder stated that the bond is issued from year to year
and that the bond expires when the permit expires. Mr. Walker asked how many
acres topsoil is stock}iled on. Mr. Ponder stated approximately 10 acres.
The last bond was established on 20 acres. Mr. Hull stated the stock pile covers
only three or four acres at the most.
Mrs. Goreski, 17226 Westbrook, stated main complaint is the dust
in area. The trucks speed through the area and leave dirt on the streets which
gets into the homes. Stated she lived three doors off of Six Mile Road and that
there is no other way out of area other than Weedbrook Drive.
Mr. walker asked whether there is any reason why trucks can't go out onto Six Mile
Road rather than Westbrook Drive. It was established that the trucks could not.
The commission established that the trucks would have to slow down when driving
L through the residential area; that the loads on the trucks would be less in order
to cause less spillage onto roads; and if there is dirt spilled onto the
residential roads that A. K. Miller, Inc. would be responsible. Mr. Ponder
agreed that what commission wished would be considered.
Mr. Walker announced that Application TA-107 would be taken under advisement.
Mr. Whitehad announced the next item on the agenda is Application TA-108 by
Jack B. Arglin, requesting approval to remove topsoil from Tax
Parcel M2 located on the North side of Five Mile Road, approximately
880 feet west of Newburgh Road, this parcel is just west of the
Newburgh Heights Subdivision in the Southeast 1/4 of Section 18.
The petitioner was present.
Mr. Walker asked how much acreage is involved. Mr. Anglin stated 30 acres.
Mr. Anglin stated he had the parcel surveyed and that it showed that t here is
dirt to be removed. Prepared to stock pile dirt to the front point of existing
subdivision and north of Five Mile Road. The trucks will leave by Five Mile Road
and there will be little congestion in area.
Mr. Walker read letter dated October 5, 1964 from Gary D. Clark, Acting Chief
City Engineer and stated that there is no letter from the dice Department.
I[: Mr. Whitehead questioned 12" removal. Mr. Anglin stated that the amount varies
and that some places there is: only 7" - 8" and other areas 12". The maximum
removal will be 12". Mr. Walker asked that application be amended to request
removal of 12" or less.
Mr. walker questioned length of operation. Mr. Anglin stated project will be one
year.
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There was no one else present either in favor of or opposed to petition as
presented.
Mr. Walker announced that Application TA-108 would be taken under advisement.
Mr. Whitehead announced the next item on the agenda is Application TA-109 by
Alexander Ferguson, requesting approval to remove sand from
Tax Parcel E3. Property is located on the north side of Six Mile
Road approximately 2600 feet West of Farmington Road in the South-
west 1/4 of Section 9. The petitioner nor a representative was
present.
Mr. Tent stated he would like to have petitioner come before commission to answer
questions he has.
Mr. Walker asked Mr. Tatigian whether it is necessary for petitioner to come
before communion with this request when all they are doing is scooping off sand
from this parcel described in application and placing it on the adjoining parcel
which is school property and is low. Mr. Tatigian stated that since they have
filed this req .st it is proper and should be given a hearing.
Mr. Walker requested Mr. Hull to contact petitioner and obtain a site plan of the
parcel in question and how sand is to be removed.
IL: Mr. William J. Strasser, Chief City Engineer, Division of Engineering, arrived at
approximately 9:45 p.m. Mr. walker asked Mr. Strasser if he has checked out this
request and what is the depth of removal. Mr. Strasser stated he did not have
contour map for site but did look at it. Visually there is no problem.
Mrs. Doris Bachman, Traffic Commission, arrived at approximately 9:45 p.m.
Mr. Strasser stated he had no information as to how deep petitioner is going.
Mr. Walker asked if it is petitioner's intent to back fill. Mr. Strasser stated
he did not know.
Mr. Walker asked Mr. Hull to notify petitioner to be at next study meeting so that
these questions can be enswered.
Messrs. Gerald Eggers, 34441 Six Mile Road and Joseph Schram, 34612 Grove Drive
stated there is a stock pile of topsoil on the site now. Mr. Hull stated he
looked at area and that it looks as though the stock pile is on the school property.
Mr. Walker informed Mrs. Bachman that there is nothing from Sgt. Thorne regarding
Applications TA-107, TA-108, and TA-109 and that there is :nctt.ing at all from the
Police Department on Application TA-108.
Mr. Walker announced that Application TA-109 would be taken under advisement.
I[: Upon a motion duly made by Mr. Cameron, seconded by Mr. Tent and unanimously
adopted, it was
#10-203-64 RESOLVED that, the City Planning Commission does hereby adjourn
the Public Hearing held on Tuesday, October 20, 1964 at
approximately 10:05 p.m.
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Mr. Walker, Chairman, declared the motion is carried and the Public Hearing
is adjourned.
Upon a motion duly made by Mr. Tent, seconded by Mr. Cameron, and unanimously
Adopted, it was
#10-204. 4 RESOLVED that, The City Planning Commission does hereby open the
191st Special Meeting.
Mr. Walker, Chairman, declared the motion is carried and the Special Meting is
hereby opened.
Mr. Whitehead announced the first item to be considered is Application TA-107
by william Ponder, Attorney, A. K. Miller, Inc., requesting
approval to remove a stockpile of topsoil from the proposed Denmar
Estates Subdivision located on the north side of Six Mile Road,
approximately 1300 feet rest of wayne Road and east of Newburgh
Road in the Southeast 1/4 of Section 8.
Mr. Tent stated that one of the provisions being considered by commission is that
the developer of proposed subdivisions place 4" - 5" of topsoil around homes
instead of removing all topsoil, stockpiling it and selling it backlto the
property owner when homes are sold. When does commission begin to do this or can
commission put this into effect. Application TA-107 is an extension of a
previously granted request hbWever, Application TA-108 is a new petition. Wished
this application and any future applications fall into this thought. Mr. Hull
suggested a study meeting to discuss amending Subdivision Rules and Regulations
to provide for this. Stated there are many things that need amending in the
Subdivision Rules and Regulations and that he could present a list at a study
meeting.
Mr. Walker requested Mr. Hull to collect data pertaining to the reasons why
commission proposed this in new ordinance; collect data regarding City Council
feelings; and place matter on agenda at which time commission can take what stand
it feels it wants to take.
Upon a motion duly made by Mr. Whitehead, seconded by Mr. Cameron and unanimously
adopted, it was
#10-205-64 RESOLVED that, pursuant to a Public Hearing having been held
October 20, 1964, the City Planning Commission does hereby grant
Application TA-107 by William Ponder, Attorney for A. K. Miller,
Inc. requesting approval to remove a stockpile of topsoil from the
proposed Denmar Estates Subdivision located on the north side of
Six Mile Road, approximately 1300 feet West of wayne Road and east
of Newburgh Road in the Southeast 1/4 of Section 8 subject, however,
to the following:
(1) Speed of trucks reduced and controlled at a low speed so that
dirt does not spill onto streets, and
(2) Trucks loaded in such a manner that there is no dirt spillate
onto streets (It would be commission's advise that the
Inspection Department look into tarps on trucks to control
4 this spillage).
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(3) A. K. Miller, Inc. will be held responsible for any spillage
of dirt on public streets, and any violation could result in
the application being voided, and
FURTHER RESOLVED, that the applicabt deposit with the City Clerk
a corporate surety bond at $500.00 per acre for 10 acres which
bond shall be for at least a one-year period, and
THAT, that period for which the permit herein authorized shall be
for a period of one year or period not to exceed the expiration date
of the bond as required therein, whichever is the shorter period, and
THAT, the applicant shall apply for and obtain the permit herein
authorized within thirty (30) days from the date of this resolution
and
FURTHER RESOLVED, notice of the above hearing was sent to the
property owners within 500 feet, petitioner, City Departments as
listed in the Proof of Service and recommendation having been obtained
from the Department of Public Works under date of October 20, 1964
and from the Police Department under date of October 9, 1964.
IL: Mr. walker, Chairman, declared the motion is carried and the foregoing resolution
is adopted.
Mr. Whitehead announced the next item on the agenda to be considered Ia
Application TA-3.08 by Jack B. Anglin, requesting approval to remove
topsoil from parcel located on the North side of Five Mile Road,
approximately 880 feet west of Newburgh Road, this parcel is just
west of the Newburgh Heights Subdivision in the Southeast 1/4 of
Section 18.
Upon a motion duly made by Mr. Cameron, seconded by Mr. Whitehead and unanimously
adopted, it was
#10-206-64 RESOLVED that, pursuant to a Public Hearing having been held
October 20, 1964, the City Planning Commission does hereby grant
Application TA-108 by Jack B. Anglin, reque0sting approval to
remove topsoil from parcel located on the North side of Five Mile
Road, approximately 880 feet west of Newburgh Road, this parcel is
just west of the Newburgh Heights Subdivision in the Southeast 1/4
of Section 18, subject, however, to the following:
(1) Ingress and Egress will be on Five Mile Road, and
(2) The topsoil will be stock-piled on the Southwest corner
of the property, and
IL (3) Removal will be for only 12" of topsoil or less according
to the topographic survey, and
FURTHER RESOLVED, that the applicant deposit with the City Clerk
a corporate surety bond at $500.00 r r acre for 30 ares which bond
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shall be for at least a one-year period, and
THAT, the period for which the permit herein authorized shall be for
a period of one year or period not to exceed the expiration date of the
bond as required therein, whichever is the shorter period, and
THAT, the applicant shall apply for lind obtain the permit therein
authorized within thirty (30) days from the date of this
resolution, and
FURTHER RESOLVED, notice of the above hearing was sent to the
property owners within 500 feet, petitioner, City Departments as
listed in the Proof of Service and recommenation having been
obtained from the Department of Public Works under date of
October 5, 1964.
Mr. walker, Chairman, declared the motion is carried and the foregoing resolution
is adopted.
Upon a motion duly made by Mr. Heustedb supported by Mr. Cameron and unanimously
adopted, the City Planning Commission does hereby adjourn the 191st Special
Meeting held on Tuesday, October 20, 1964 at approximately 10:30 p.m.
CITY PLANNING COMMISSION
Bob R. Whitehead, Secretary
ATTESTED:
/ w 1 Wa����%r'()
Charles w. walker, Chairman