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HomeMy WebLinkAboutPLANNING MINUTES 1972-05-09 4995 MINUTES OF THE 241st REGULAR 1W: MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, May 9, 1972, the City Planning Commission of the City of Livonia held its 241st Regular Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the Public Hearing to order at 8:05 p.m. with approximately 75 interested persons in the audience. Members present: Daniel R. Andrew Charles Pinto Francis M. Hand Herman Kluver Suzanne Taylor David Merrion Members absent: Joseph Falk, (hospitalized) Dow Tunis, (business - out of town) Joseph Talbot, (vacation) Messrs. John J. Nagy, Planning Director; Ralph H. Bakewell, Planner IV, and Robert M. Feinberg, Assistant City Attorney, were also present. 10 Mr. Kluver, Secretary, announced the first item on the agenda, Petition 72-3-1-18 by Dale J. Brubaker for VFW Post #3941 to rezone i property located on the south side of Grantland Avenue between Arcola and Cavell Avenues in the Southeast 1/4 of Section 25, from C-1 and R-1 to C-2. Mr. Brubaker was present, Adjutant and Commander Elect for the coming year. Mr. Andrew asked Mr. Brubaker what their intentions were if this were rezoned. Mr. Brubaker stated they intended to cut off the steeple of the building, resurface the parking lot, as well as enlarging the building. Mr. Hand asked what the ground area of the building addition would be. Mr. Brubaker stated he did not know exactly but thought it was about a 35 x 40 foot addition. Mr. Andrew stated that if the rezoning is granted they would need to erect a wall. Mr. Brubaker stated he is aware of this. parking Mr. Andrew further stated that they would have to hard surface the/area within two years of issuance of Certificate of Occupancy. to Mr. Brubaker stated he is aware of this. Mr. Pinto asked just exactly where the building is located on the site. 4996 Mr. Brubaker pointed it out on the map. Mr. Andrew asked whether the traffic signal at Grantland & Inkster operated on a 24 hour basis. Mr. Brubaker stated it did not. It is controlled by Fisher Body traffic. James Ralston, 12268 Arcola was present and asked whether the addition would require the services of an architect. Mr. Andrew stated that a professional architect or professional engineer must prepare the drawings. Mr. Ralston asked whether the site plan would be reviewed. Mr. Andrew stated there was a possibility that it would be if a proposed site plan approval ordinance is passed by the City Council. Mr. Ralston asked how much parking space was required. Mr. Nagy stated one parking space for every 50 square feet of useable floor area. Mr. Ralston asked whether this was being met at this time. Mr. Andrew stated that he did not know. Mrs. Black, 12400 Arcola, stated that they suffer from an overflow of parking at all times. Mr. Andrew asked whether this occurred when it is was rented out. Mrs. Black stated she did not know as there was an overflow of traffic and parking all the time when the facility is in use. • Mr. Andrew asked Mr. Brubaker about this. Mr. Brubaker stated there probably was an overflow on bingo nights. He further stated that the building cannot be air conditioned with the peaked roof. When it air conditioned, it would require that the doors and windows would be closed at all times and this should cut down on noise. Mr. Pinto asked how many years this hall existed. Mr. Brubaker stated the building has been there since about 1940. Mr, 'Pinto asked whether they used the entire parcel for parking. Mr, Brubaker stated they generally did not. Mr. Pinto asked whether the parking flowed into their other land. Mr, Brubaker stated it did, Mr. Pinto asked Mr. Nagy whether they met the parking requirements under those circumstances. Mr. Nagy stated they would not with the planned addition of a 30 x 40 foot increase. fr 4997 Mr. Pinto asked whether the enlarged building would have sufficient parking. The approximate size of the building is 40 x 100 ft. or 4100 square ft. It was determined after computation that there would not be sufficient parking. A resident of 12231 Arcola, presented the Commission with a petition for denial with 25 signatures affixed. There is a letter on file from the Wayne County Road Commission stating there are no objections to rezoning. Also a letter from Engineering Department advising of the easement located on the vacated alley. Mr. Charles Sadowski, 12411 Arcola, asked whether they are really going to air condition and build the protective wall? Mr. Andrew stated that he will be required to show a wall where required by City of Livonia Ordinances. Mr. Sadowski asked whether they would have sufficient parking. Mr. Andrew stated it would appear that they did not. Mr. Sadowski stated that this would then "die". Mr. Andrew stated that this could not be assumed. Mr. Sadowski went on to say that they were concerned about the additional parking. Mr. Hand advised the audience that the Livonia Police Department could alleviate some of their problems. He also stated that he felt that portion needed for parking should be zoned in that manner instead of C-2. There was no one else wishing to be heard and the Chairman declared the public hearing closed. On a motion duly made by Mr. Hand and seconded by Mr. Pinto and unanimously adopted, it was #5--134-72 RESOLVED that, pursuant to a Public Hearing having been held on May 9 , 1972 on Petition 72-3-1-18 as submitted by Dale J. Brubaker for VFW Post #3941 to rezone property located on the south side of Grantland Avenue between Arcola and Cavell Avenues in the Southeast 1/4 of Section 25, from C-1 and R-1 to C-2, the City Planning Commission does hereby determine to table this item until the next study meeting. The following people are to be advised of the study meeting. James W. Ralston Florence Stuper 12268 Arcol 48150 12319 Arcola 48150 Phone: 522-1025 No phone IL; The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-3-1-19 by Tom O'Connor for Robert and Orianna M. Alli to rezone property located on the west side of Farmington Road, south of Five 4998 Mile Road in the Northeast 1/4 of Section 21, from Rr2 to R,S. Mr. Lindhout was present representing the petitioner. He advised the Commission IL that the building would be approximately 7,000 square feet with appropriate parking spaces. Mr. Lindhout explained the architectural concept of the proposed new building and the materials to be used. Mr. Andrew asked about egress and ingress. Mr. Lindhout stated the point of ingress and egress did not line up with a cross over in the Farmington Road median. There was no one else present wishing to be heard and the Chairman declared the public hearing closed. On a motion duly made by Mr. Pinto, seconded by Mr. Kluver and unanimously adopted, it was #5-135-72 RESOLVED that, pursuant to a Public Hearing having been held on May 9 , 1972 on Petition 72-3-1-19 by Tom O'Connor for Robert and Orianna M. Alli to rezone property located on the west side of Farmington Road, south of Five Mile Road in the Northeast 1/4 of Section 21, from R-2 to P.S. , the City Plan- ning Commission does hereby recommend to the City Council that Petition 72-3-1-19 be approved for the following reasons : (1) The proposed zoning change will provide for uses that will be compatible to the surrounding uses of the area. IL; (2) The proposed zoning change and related development will be complimentary to the development of the Civic Center. (3) The proposed zoning change is consistent with the objectives of the Master Plan for land use surrounding the Civic Center. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of April 22, 1972 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-4-1-21 by Eugene S. Hoiby for Denne Land Company, Inc. to rezone property located on the_east side of Denne Avenue, south of Plymouth in the Northwest 1/4 of Section 35, from RUF to P. Mr. Hoiby, Secretary of Denne Land Company, was present and stated that they needed this land zoned to parking in order to accommodate parking for their membership arising from the proposed building expansion. He stated they would hardtop the parking lot and provide drainage. The would install a seven foot wall which would be 10 feet within their property on the south. It would be lighted and would not interfere with residents. There would be an exit onto Plymouth and an entrance on Denne. The expansion is only of building and not of membership. They have been there since 1966 and they contemplate 4999 a traffic light in this area because of Michigan Bell office that is right across the street. The building will have a complete new front. He went on to say that there is standing water now which they feel they can get rid of by putting drains in which they would when they pave the parking lot. The main activity are Fish Fries on Fridays between 6:30 and 8:00 p.m. There is a letter on file from the Engineering Division which states that the development of the parking lot would be predicated on storm sewer extension to the south. Mr. Klavin, 11402 Denne, read a petition protesting the Elks Club parking lot for reason of abusive language, noise, speeding traffic and hazards to children. Mr. Hoiby stated that with the intended improvements, this should improve conditions. Mr. Huey, 11043 Denne, wondered why they did not have a wall now? Mr. Andrew stated that they had approval from the Zoning Board of Appeals permitting the elimination of a protective wall. Mr. Klavin stated club members behave obnoxiously. Mr. Hoiby stated if the club 's members were making trouble he would hope the residents would prosecute. Mr. Andrew asked hours of the operation. ILO Mr. Hoiby stated seven days a week. Mrs. Gilmore was present and stated she was against the rezoning. Mr. Klavin stated that they had 30 feet they can usrwhy not go up instead of out. Mr. Andrew asked Mr. Hoiby if he had met with the landowners. Mr. Hoiby stated they had on several occasions. Mr. Klavin wanted the wall 20 feet into our property, we can give him only 10 feet. Mr. Andrew asked how many people attended the meetings. Mr. Hoiby stated 50% of those invited. Mr, Klavin clarified why he agreed to 20 feet, only if the rezoning was in fact to be changed. Mr. Huey, 11043 Denne, stated that Mr. Hoiby did go around and speak to neighbors but he felt Mr. Hoiby misrepresented what Mr. Klavin said by stating Mr. Klavin was satisfied. Mr. Bruin, 11401 Hubbard, stated that was a lot of parking. He stated he needed (' relief of water situation on his property. Mr. Huey wanted to know in case that everything stays as now exists, does the club have to put in a wall if they expand on portion already zoned C-2. 5000 Mr. Andrew stated they had right to appeal this wall and they can grant him a waiver and apparently that is what has been done before. Mr. Hoiby stated they will put in a wall if they can put in addition and the parking. Mr. Kirkwood, 9901 Merriman, spoke on behalf of Mr. Bruin and stated the Commission should consider people who have been living there for 40 years. Mr. Klavin asked for a show of hands of anyone on the Commission who is an Elk member. A poll showed no show of hands. There was no one else present wishing to be heard and the Chairman declared the public hearing closed. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and adopted it was, #5-136-72 RESOLVED that, pursuant to a Public Hearing having been held on May 9, 1972 on Petition 72-4-1-21 by Eugene S. Hoiby for Denne Land Company Inc. to rezone property located on the east side of Denne Avenue, south of Plymouth Road in the Northwest 1/4 of Section 35, from RUF to P. , the City Planning Commission does hereby recommend to the City Council that Petition 72-4-1-21 be approved for the following reasons: (1) The proposed parking zone and related uses will provide for a buffer zone separating the residential neighborhood located to the south from the commercial district abutting Plymouth Road on the north. (2) Parking uses when well screened and .adequately landscaped and maintained will not adversely affect residential uses. (3) The proposed zoning change will provide for uses that are in critical shortage within the general area. (4) The proposed zoning classification and standards imposed within the district will upgrade the existing development to insure its compatibility to the surrounding area by the requirements of hard surface paving and protective screen -. wall. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of April 22, 1972 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company and City Departments as listed in the Proof of Service. 17- A roll call vote on the foregoing resolution resulted in the following: AYES: Merrion, Pinto, Hand, Kluver, Andrew 111111 NAYS: Taylor ABSENT: Falk, Talbot, Tunis The Chairman declared the motion carried and the foregoing resolution adopted. • 5001 Mr. Andrew, Chairman, declared a brief recess . I The meeting was reconvened with all members present as were present for the initial roll call. Petition 72-1-1-8 by William Ponder, Attorney for Newburgh Land and Development Company, requesting to rezone property located on the east side of Stark Road, south of Plymouth Road in the Northeast 1/4 of Section 33, from RUF to R-7 was removed from the agenda. Mr. Kluver announced the next item on the agenda, Petition 72-3-2-5 by Angelo D'Orazio requesting to be granted a waiver use approval to operate a cement contractor's business in an existing building located on the east side of Surrey Avenue between Schoolcraft Road and Graytona in the Southeast 1/4 of Section 28. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted, it was #5-137-72 RESOLVED that, Petition 72-3-2-5 submitted by Angelo D'Orazio be removed from the table. Mr. Kluver announced the next item is Petition 72-3-2-5 by Angelo D'Orazio requesting to be granted a waiver use approval to operate a cement contractor's business in an existing building located on the east side of Surrey Avenue between Schoolcraft Road and Graytona in the Southeast 1/4 of Section 28. r' On a motion duly made by Mr. Hand, seconded by Mr. Merrion and unanimously adopted, it was #5-138-72 RESOLVED that, pursuant to a Public Hearing having been held on April 25, 1972 on Petition 72-3-2-5 as submitted by Angelo DIOrazio, requesting to be granted a waiver use permit to operate a cement contractor's business in an existing building located on the east side of Surrey Avenue between Schoolcraft Road and Graytona in the Southeast 1/4 of Section 28, the City Planning Commission does hereby recommend to the City Council that Petition 72-3-2-5 be approved for the following reasons : (1) The proposed development complies with the require- ments of Zoning Ordinance #543. (2) The proposed land use is compatible to the surround- ing uses of the area. CONDITIONS OF APPROVAL: (1) That Site Plan, revised date 5/2/72, shall be adhered to. (2) That the storage yard area shall always be kept in a 10 neat and orderly fashion. (3) That the site shall be landscaped and a landscape plan shall be submitted to the Planning Commission for approval within thirty (30) days. 5002 (4) That all landscape material as shown on the approved C'110landscape plan shall be installed within thirty (30) days from the date of the approval of the landscape plan. (5) That all landscape material installed shall be permanently maintained and kept in a healthy condition. (6) That the storage yard area shall be fenced as shown on the approved site plan with the added condition that the portion of the fence located on the easterly property line shall be equipped with redwood laths for added screening purposes. (7) That the building shall be painted within one year from the date of this approval. FURTHER RESOLVED, that notice of the above Public Hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-3-2-6 by John DelSignore requesting to be granted a waiver use approval to construct a restaurant on property located on the north side of Plymouth Road between Merriman and Hubbard Roads in the Southeast 1/4 of Section 27. On a motion duly made by Mr. Merrion, seconded by Mr. Kluver and unanimously adopted, it was #5-139-72 RESOLVED that, pursuant to a Public Hearing having been held on April 25, 1972 on Petition 72-3-2-6 as submitted by John DelSignore requesting to be granted a waiver use approval to construct a restaurant on property located on the north side of Plymouth Road between Merriman and Hubbard Roads in the Southeast 1/4 of Section 27, the City Planning Commission does hereby recommend to the City Council that Petition 72-3-2-6 be denied for the following reasons : (1) The proposed land use development is too great in intensity to be accommodated on the site proposed. (2) The proposed development on the site petitioned is in conflict with Zoning Ordinance X6543 requirements with respect to off-street parking and the lack of the access driveways. (3) The proposed development will adversely affect the neighboring uses because of the intensity of the development proposed for this narrow site and because of the need to utilize additional site area from neigh- .:a boring properties to meet the minimum requirements of the Zoning Ordinance. 5003 (4) There is no need for additional restaurant facilities in this location as nearly 40% of all eating facilities 1:0located within the City occur along Plymouth Road. FURTHER RESOLVED that, notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Andrew notified Mr. DelSignore that he had 10 days in which to appeal this decision to the City Council by filing a letter with City Clerk requesting to be heard by the City Council with regard to this petition. Mr. Kluver announced the next item on the agenda, motion by the City Planning Commission to hold a public hearing to determine whether or not to amend Part V of the Master Plan of the City of Livonia, the Master School & Park Plan, so as to delete Tax Parcel 33K, located south of Plymouth Roads the east side of Stark Road in the North- east 1/4 of Section 33. On a motion duly made by Mr. Hand, seconded by Mr. Pinto and unanimously adopted, it was #5-140-72 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission 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 to amend Part V of 16; the Master Plan of the City of Livonia, the Master School ;and Park Plan, so as to delete Tax Parcel 33K, located south of Plymouth Road, the east side of Stark Road in the Northeast 1/4 of Section 33. FURTHER RESOLVED, notice of time and place of said public hearing shall be published in a newspaper of general circulation in the City of Livonia and a notice by registered United States mail shall be sent to each 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. The Chairman declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Kluver and seconded by Mr. Merrion and adopted, it was #5-141-72 RESOLVED that, the minutes of the 240th Regular Meeting held by the City Planning Commission on April 4, 1972 are approved. A roll call vote on the foregoing resolution resulted in the following: 5004 AYES: Pinto, Andrew, Merrion, Rand, Kluver• ABSTAIN: Taylor ABSENT: Tunis, Talbot, Falk NAYS : None The Chairman declared the motion carried and the foregoing resolution adopted. On a motion duly made and seconded and unanimously adopted the 241st Regular Meeting of the City Planning Commission was adjourned at 10:30 p.m. CITY PLANNING COMMIISSION Herman H. Kluver, Secretary ATTEST: Daniel R.` Andrew ' Chairman • toe