HomeMy WebLinkAboutPLANNING MINUTES 1965-10-05 , ...... _. r � oz. .. ,
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MINUTES OF THE 211th SPDCIAL MEETING AND A
PUBLIC HEARING OF THE CITY PLANNING COMMISSION OF
THE CITY OF LIVONIA
On Tuesday, October 5, 1965, the City Planning Commission of the City of Livonia,
held the 211th Special Meeting and Public Hearing at the Livonia City Hall,
33001 Five Mile Road, Livonia, Michigan. Mr. Donald Heusted, Vice-Chairman,
Called the Public Hearing to order at approximately 8:40 P.M. with approximately
15 interested persons in the audience.
Members present: Raymond W. Tent Donald C. Pollock John J. Ward
James Cameron Myra Chandler Harry Wrightman
Donald Heusted
Members Absent: Bob R. Whitehead Charles W. Walker
Messrs. Don Hull, Planning Director; John J. Nagy, Assistant Planning Director;
Harry Tatigian, City Attorney, were present.
In the absence of Mr. Walker, Mr. Heusted presided as Chairman. In the absence of
Mr. Whitehead, Mr. Ward presided as Secretary pro tem.
Mr. Ward announced the first item on the agenda is Petition 65-9-2-7 by
Rev. Myron D. Hornyak, Sacred Heart Byzantine Catholic Church,
requesting a waiver use permit to build a church, remodel existing
home for rectory and build a future parish community center on
property located on the south side of Six Mile Road between Savoie
and Middlebelt, in the Northwest 1/4 of Section 13.
IE Yr. Myron Hornyak, 15533 Chelsea, Detroit 31, Michigan was present and outlined
plans to complete the building now shown on the plot planmaking it into a
rectory two stories in height, and the future plans to build a church on the
back of the property just north of the ravine. Fr. Hornyak advised the
Commission that plans were to build a parish hall west of the parking lot and
that the building would be used for classrooms for parochial purposes. He
stated that the parking lot would be expanded to the south and to the east.
Mr. Pollock questioned if the entire plot belonged to the church.
Fr. Horpyak stated yes, and that this is an Eastern rite of the Catholic Church;
it will be the only Church of this type in Livonia and that a large church is
not planned.
Mr. Pollock asked if the architectural plans included a structure with a dome.
Fr. Hornyak indicated that a contemporary building was desired, but final plans
for the actual structure of the church will not be completed until Christmas.
Mr. Wrightman questioned Fr. Hornyak regarding the school which was mentioned.
Fr. Hornyak advised that grades 1 through 8 would be accommodated if the development
of the area warrents it. He stated that there are three accesses to the property,
one from the east and two from the north.
Mr. Tent questioned the size of the congregation and parking facilities.
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Fr. Hornyak replied that the congregation presently numbered approximately 450 and
there would be seating capacity for three services; also that the parking space
has been planned according to the provisions - three to one parking space.
Mr. Cameron requested information regarding the other two homes on the property.
Fr. Hornyak stated that the homes to the east and west would eventually be removed.
Mr. Tent questioned when they would be ready to begin.
Fr. Hornyak replied that they were ready for the renovation of the rectory
right now.
Mr. White, 28165 Six Mile Road, was present and stated that the property involved
in this petition was covered by deed restrictions that required the property
remain residential forever and that waivers should be obtained from other people
in the neighborhood for this use. Mr. White stated that he did not object to
the use of the property in this area as a church only, but what is meant by
a community center, and would a public shhool be constructed later on.
Fr. Hornyak stated that it would be a place for basketball now and perhaps a
parochial school later on.
Mr. White questioned if the people in the neighborhood would be assessed for
sidewalks if a school was built.
Mr. Hull advised that the only action that could be granted this evening is the
right to use the property for a church, and that if a school is desired the
same procedure would have to be followed at that time.
Mr. Pollock questioned the City Attorney as to deed restrictions.
Mr. Tatigian, City Attorney, advised the Commission that deed restrictions are
not a proper consideration for this Board. Private deed restrictions are private
contracts and can be enforced by the people who live in the area through an
attorney, and the City has no right to enforce matters of private contracts.
Mr. Pollock questioned if this matter was that the builder entered into an
agreement with the homeowners that the property could be used only for residential.
Mr. Tatigian stated yes and that the City cooperates whenever possible in
enforcing any deed restrictions, but if we do not choose to acknowledge these
restrictions and legally it has no bearing on zoning.
Mr. Heusted announced this item would be taken under advisement.
Mr. Ward announced the next item on the agenda is Petition 65-9-2-6 by Daniel
Rogala requesting to be granted a waiver use permit to erect a
cocktail lounge on parcel 3CM2a, located on the south side of Plymouth
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1: Road, approximately 150 feet east of Eckles Road in Section 30.
Mr. Cameron questioned Mr. Rogala about the use he planned for this property.
Mr. Rogala stated that he planned to build a cocktail lounge.
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Mr. Wrightman questioned the type of trade that would be catered to.
Mr. Rogala stated that it would be mainly an eating establishment and that
complete family type dinners would be served.
IL Mr. Tent asked if there would be entertainment, and questioned about parking
facilities.
Mr. Rogala stated that there would be no entertainment, and that with the large
area he had there would be no problem regarding parking.
Mr. Tent stated that the concern was not that adequate parking space could be
provided but that improved parking be provided.
Mr. Pollock stated that there was desirable residential area along the park
and how did the residents feel about this establishment.
Mr. Rogala replied that there was no objections.
Mr. Heusted announced this item would be taken under advisement.
Mr. Ward announced that the next item on the agenda is Petition 65-9-1-33 by
Rodney C. Kropf for Sam Moy and Joy S. Moy, requesting to rezone
property located on the west side of Middlebelt approximately 350
feet from the center line of Six Mile Road in Northeast 1/4 of Section
14, from PS and RUFA to C-1 to expand their restaurant business.
4 Mr. Rodney Kropf, representing the owners, was present and stated that they
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would like to tear down the existing building and erect a modern restaurant
to accommodate their customers, and that a dining area would be required to
accomplish this.
Mr. Wrightman questioned if the client would be willing to extend the line of
the back section straight up and use the other part for parking.
Mr. Kropf stated that they would have no objection to that.
Mr. Tent questioned that this property was orig'.nally designated as a drive-in
restaurant, but the most desirable establishment would be a dining area for
people with children.
Mr. Robert Loveless, 29447 Munger, questioned if this establishment would use
car-hops in their operation.
Mr. Kropf stated, no.
Mr. Hull advised that C-1 zoning does not permit car-hop service; C-2 zoning
would be required.
Mr. Heusted announded that this item would be taken under advisement.
ILUpon a motion duly made by Mr. Wrightman, seconded by Mr. Tent, and unanimously
adopted, it was
#10--175-65 RESOLVED that, the City Planning Commission does hereby adjourn the
Public Hearing held on Tuesday, October 5, 1965, at approximately
9:15 p.m.
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Mr. Heusted, Vice-Chairman, called the 211th Special Meeting to order at
approximately 9:40 p.m. with the same number of interested persons in the
IL audience as were present at the public hearing.
Mr. Ward announced the first item of the agenda is Petition 65-9-2-7 by
Rev. Myron D. Hornyak, Sacred Heart Byzantine Catholic Church,
requesting a waiver use permit to build a church, remodel existing
home for rectory and build a future parish community center on property
located on the south side of Six Mile Road between Savoie and Middlebelt,
in the Northwest 1/4 of Section 13.
Mr. Heusted announced that there had been a request made that the property be
used for a church only.
Upon a motion duly made by Mr. Wrightman and seconded by Mr. Tent, it was
RESOLVED that, pursuant to a Public Hearing having been held on
October 5, 1965, on Petition 65-9-2-7 by Rev. Myron D. Hornyak,
Sacred Heart Byzentine Catholic Church, requesting a waiver use
permit to build a church, remodel existing home for rectory and
build a future parish community center on property located on the
south side of Six Mile Road between Savoie and Middlebelt, in the
Northwest 1/4 of Section 13, the City Planning Commission does hereby
recommend to the City Council that Petition 65-8-1-25 be granted
with the restriction that the property be used for a church only.
IL Mr. White, 2$165 West Six Mile Road, advised the Commission of his feelings
that property value goes down when you live next to a school.
Mr. Pollock questioned if the church activities would require a full time
educational facility.
Mr. Wrightman asked if a waiver use permit is required for a full time school.
Mr. Tatigian advised that he didn't want to answer that question tonight.
Mrs. Chandler stated that she didn't see anything wrong with a church.
Mr. Tatigian stated that as defined in Section 4.03 the parochial school would
be considered part of a church function, and that he felt the Ordinance is quite
clear, and there was nothing to prevent the granting of the waiver in this case.
Mr. Wrightman announced that he would withdraw his resolution.
Mr. Tent agreed with Mr. Wrightman regarding the withdrawal of the prior resolution
Upon a motion duly made by Mr. Wrightman and seconded by Mr. Tent, it was
#10-176-65 RESOLVED that, pursuant to a Public Hearing having been held on
October 5, 1965 on Petition 65-9-2-7 by Rev. Myron D. Hornyak,
Sacred Heart Byzantine Catholic Church, requesting a waiver use
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permit to build a church, remodel existing home for rectory and
build a future parish community center on property located on the
south side of Six Mile Road between Savoie and Middlebelt, in the
No thwest 1/4 of Section 13, the City Planning Commission does
hereby recommend to the City Council that Petition 65-9-2-7 be
granted for the following reasons:
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(1) It is on a large parcel of land which can accommodate all
the expanded uses indicated on the site plan.
(2) It is located on a Mile Road so the traffic generated by this
use will not conflict with any adjacent residential development,
and
FURTHER RESOLVED, that notice of the above hearing was sent to
property owners within 500 fbet, petitioner and City Departments
as listed in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Tent, Cameron, Wrightman, Chandler, Ward, Heusted, Pollock
NAYS: None
ABSENT: Walker, Whitehead
Mr. Heusted, Vice-Chairman, declared the motion is carried and the foregoing
resolution is adopted.
Mr. Ward announced the next item on the agenda is Petition 65-9-2-6 by
Daniel Rogala requesting to be granted a waiver use permit to erect
a cocktail lounge on parcel 3OM2a, located on the south side of
Plymouth Road, approximately 150 feet east of Eckles Road in
Section 30.
1[40 Mr. Heusted questioned if letters had been received from the Police Department
regarding an investigation of this use.
Mr. Hull stated no, that Mr. Rogala was investigated by the Police Department
at the time he got his liquor license.
Mr. Tent questioned if there was another liquor establishment within 1100 feet
of this property and if not, how close is the nearest one.
Mr. Rogala replied that the nearest liquor establishment was about two miles
away. Wayne County Road Commission has approved the ingress and egress
and they also have the approval of the Police Department.
Mr. Pollock questioned if the petitioner would object to having this petition read
Restaurant and Cocktail Lounge.
Mr. Rogala indicated that he would have no objection.
Mr. Tatigian advised the Commission that it was his understanding that he Was
already filed for a building permit on the basis that this establishment would
be a restaurant. If a C1ass'C liquorlicense was not involved, the petitioner
would not be before the Commission this evening.
Mr. Wrightman requested that the minutes show that this is mainly an eating
establishment.
Upon a motion duly made by Mr. Cameron and seconded by Mr. Wrightman, it was
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#10-177-65 RESOLVED that, pursuant to a . public Hearing having been held on
11:?' October 5, 1965, on Petition 65-9-2-6 by Daniel Rogala requesting
to be granted a waiver use permit to erect a cocktail lounge on
parcel 30M2a, located on the south side of Plymouth Road, approximately
150 feet east of Eckles Road in Section 30, the City Planning Commission
does hereby recommend to the City Council that Petition 65-2-6 be
approved for the following reasons:
(1) The intended use will not conflict with existing adjacent development.
(2) It is not an excessively high traffic generator.
(3) The proposed site is adequate to accommodate the intended use
and reasonable expansion of that use and
FURTHER RESOLVED that, 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: Wrightman, Cameron, Pollock, Ward, Heusted, Chandler, Tent
NAYS: None
ABSENT: Walker, Whitehead
Mr. Heusted, Vice-Chairman, declared the motion is carried and the foregoing
resolution is adopted.
Mr. Ward announced the next item of the agenda is Petition 65-9-1-33 by
Rodney C. Kropf for Sam Moy and Joy S. Moy requesting to rezone
property located on the west side of Middlebelt approximately 350
feet from the center line of Six Mile Road in the Northeast 1/4 of
Section 14, from PS and RUFA to C-1 to expand their restaurant
business.
Upon a motion duly made by Mr. Ward, and seconded by Mr. Tent, it was
#10-178-65 RESOLVED that, pursuant to a Public Hearing having been held on
October 5, 1965 on Petition 65-9-1-33 as submitted by Rodney C.
Kropf for Sam Moy and Joy S. Moy requesting to rezone property
located on the west aide of Middlebelt approximately 350 feet from
the center line of Six Mile Road in the Northeast 1/4 of Section 14,
from PS and RUFA to C-1 to expand their restaurant business, the
City Planning Commission does hereby recommend to the City Council
that Petition 65-9-1-33 be granted for the following reasons:
(1) Affirmative action will enable this exising use to expand and
provide better facilities.
(2) The elimination of the old building and the erection of a new
building will provide additional tax base to the City and will
be aesthetically more compatible.
(3) This is the logical extension of the commercial zoning adjacent
to the north.
(4) This is the logical extension of the nonresidential zoning to both
the north and south of this parcel.
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(5) This site is large enough to c.ccommodate the intended use
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and a reasonable expansion of that use, and
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FURTHER RESOLVHD that notice of the above Public Hearing was published
in the official newspaper,• the Livonian Observer and City Post, under
date of Spetember 14, 1965, and notice of such hearing was sent to
the Detroit Edison Company, the Cheasapeake and Ohio Railway 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: Pollock, Ward, Heusted, Chandler, Tent, Wrightman, Cameron
NAYS: None
ABSENT: Walker, Whitehead
Mr. Heusted, Vice Chairman, declared the motion is carried and the foregoing
resolution is adopted.
Mr. Ward announced the next item on the agenda is Petition 65-8-1-29 by
Donald and Nettie Frick requesting the rezoning of property located
on the west side of Middlebelt Road, approximately 660 feet south
of Seven Mile Road in Section 11, from R-5 to C-2 for erection of
commercial buildings.
Mr. Tent suggested that this petition be taken under advisement until the
C Commission has had an opportunity to review the Livonia Mall Study which has just
been completed by the Planning Director. Mr. Tent felt that further study could
benefit both the petitioner and the City. Mr. Pollock expressed his agreement
with this suggestion.
Mrs. Chandler raised a question regarding the intended use of the property.
Mr. Mies, stated that he would rather the Commission take action on this petition
tonight since he felt that the Commission would not recommend C-2 zoning. He
felt that the Commission would rather recommend PS zoning for this piece of
property, and if C-2 zoning was denied by the Commission he preferred to take
the matter to the City Council as soon as possible.
Mr. Tent stated that he, as a member of the Planning Commission, did not want to
make a decision on this matter until he felt sure of what zoning category is best
for the City.
Mr. Wrightman verbally agreed with Mr. Tent and stated that he would like to
know what use this property could best be used for.
Mr. Heusted announced that this item would be taken under advisement for approximately
two weeks.
Mr. Ward announced the next item on the agenda is Petition 65-8-1-30 by
Irj J. Leonard Hyman for Jack Surnow requesting to rezone property
located at the southeast corner of Ann Arbor Trail and Wayne
Road in Section 33 from C-1 to C-2 to permit erection of a gas station.
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Upon a motion duly made by Mr. Ward and seconded by Mr. Wrightman, it was
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#10-180-65 RESOLVED That, pursuant to a Public Hearing having been held on
September 21, 1965 on Petition 65-8-1-30 as submitted by J. Leonard
Hyman for Jack Surnow requesting to rezone property located at the
Southeast corner of Ann Arbor Trail and Wayne Road in Section 33
from C-1 to C-2 to permit erection of a gas station, the City Planning
Commission does hereby recommend to the City Council that Petition
65-8-1-30 be denied for the following reasons:
(1)There is an abundance of C-2 zoning in this area now.
(2) Some of the uses allowed as permitted or waiver uses under
the C-2 category could conflict with the traffic pattern and
with adjacent development.
(3) The existing zoning category (C-1) allows the owner great
diversity of use. The C-1 permitted uses are more compatible
to the adjacent area and will not conflict as much with the
traffic pattern, and
FURTHER RESOLVED that notice of the above hearing was published in
the official newspaper, the Livonian Observer and City Post, under
date of September 1, 1965, and notice of which hearing was sent to
the Detroit Edison Company, the Cheasapeake & Ohio Railway Company,
Michigan Bell Telephone Company, 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: Heusted, Chandler, Tent, Wrightman, Cameron, Pollock, Ward
NAYS: None
ABSENT: Walker, Whitehead
Mr. Heusted, Vice-Chairman, declared the motion is carried and the foregoing
resolution is adopted.
Mr. Ward announced the next item on the agenda is Petition 65-10-4-4, final
approval of Madonna Estates Subdivision # 2 located in the Southeast
1/4 of Section 20.
Upon a motion duly made by Mr. Ward, and seconded by Mr. Tent, it was
10-181-65 RESOLVED that, the final plat of Madonna Estates Subdivision # 2
located in the Southeast 1/4 of Section 20, be given final approval
for the following reasons:
(1) It corresponds to the previously approved preliminary plat.
(2) The required bond has been filed with the City 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 under Resolution # 5-107-65 adopted May 18,
1965; and it further appearing that said proposed plat together
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with plans and specifications for improvements therein have been
approved by the Department of Public Works, Engineering Division,
under date of October 15, 1965; and it further appearing that the
financial assurances required in City Council Resolution No. 819-65
adopted on August 11, 1965 have been filed with the City Clerk as
confirmed by a letter dated October 18, 1965 from Addison W. Bacon,
City Clerk, It would therefore appear that all conditions necessary
to the release of Building Department is hereby so notified.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Wrightman, Cameron, Pollock, Ward, Heusted, Tent, Chandler.
NAYS: None
ABSENT: Whitehead, Walker
Mr. Heusted, Vice-Chairman, declared the motion is carried and the foregoing res-
olution is adopted.
Mr. Ward announced the next item on the agenda is consideration of a motion by
the Planning Commission to hold a public hearing to determine
whether or not to include the 4+ acres immediately south of
Ford Field in Part V of the Master Plan, the Master School and Park
Plan.
Upon a motion duly made by Mr. Tent and seconded by Mr. Wirghtman, it was
#10-182-65 RESOLVED that, pursuant to the provisions of Act 285 of the Public
acts of Michigan, 1931, as amended, the City Planning Commission
of the City of Livonia on its own motion doeshereby establish and
order that a Public Hearing be held in the City Hall of the City
of Livonia, to determine whether or not the Master School and Park
Plan of the City of Livonia should be amended so as to provide for
the incorporation of the following described property into the Master
School and Park Plan:
The N. 5.0 acres of the E. 1/2 of the S.E. 1/4 of the S.E. 1/4
of Sec. 21, T. 1. S., R. 9 E., City of Livonia, Wayne County,
Michigan. Parcel 21CG 5.00 acres.
This property is located on the west side of Farmington Road
approximately 1,000 feet north of Schoolcraft Road.
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.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Chandler, Tent, Wrightman, Cameron, Pollock, Ward, Heusted
NAYS: None
ABSENT: Walker, Whitehead
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Mr. Heusted, Vice-Chairman, declared the motion is carried and the foregoing
resolution is adopted.
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Mr. Ward announced the next item on the agenda is the approval by the Planning
Commission of the parking facilities for Plymouth Road as indicated
on the library site plan.
Upon a motion duly made by Mr. Ward and seconded by Mr. Cameron, it was
#10-183-65 RESOLVED that, pursuant to Section 18.38(9) of the Zoning Ordinance,
Ordinance No. 543, of the City of Livonia, the City Planning
Commission has reviewed the proposed parking facilities for
the proposed Plymouth Road Library and does hereby recommend to the
City Council that the proposed parking plan be approved for the
following reasons:
(1) The parking as indicated exceeds the standards of similar
uses as stipulated in the new Zoning Ordinance.
(2) The parking is so located that if a shortage of space did
occur it would be a simple matter to expand the parking lot
to the south, thus doubling the parking capacity.
(3) It is desirable to locate the parking behind the building
so as not to obscure the aesthetic quality of the building.
A roll call vote on the foregoing resolution resulted in the following:
11:?0 AYES: Cameron, Pollock, Ward, Heusted, Chandler, Tent, Wrightman
NAYS: None
ABSENT: Walker, Whitehead
Mr. Heusted, Vice-Chairman, declared the motion is carried and the foregoing
resolution is adopted.
Upon a motion duly made by Mr. Wrightman, seconded by Mr. Ward and unanimously
adopted, it was
10-184-65 RESOLVED that, the City Planning Commission does hereby approve
minutes of meetings 7/6/65 and 8/24/65.
Upon a motion duly made by Mr. Ward, seconded by Mr. Wrightman, and unanimously
adopted, the City Planning Commission does hereby adjourn the 211th Special
Meeting held on Tuesday, October 5, 1965, at approximately 10:10 p.m.
CITY PLANNING COMMISSION
W
Jo J. War Secretary pro tem
ATTESTED:
D:na d E. Heusted, V ce-Chairman