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HomeMy WebLinkAboutPUBLIC HEARING 1963-03-18 SAD CAVELL SECTION 36 Page 5927 MINUTES OF PUBLIC HEARING ON ASSESSMENT ROLL FOR PAVING CAVELL AVENUE IN SECTION 36 On March 18, 1963, the above hearing was held at the City Hall, 33001 Five Mile Roads Livonia, Michigan, and was called to order by the President of the Council at approximately 8:38 P. M. Present-- Sydney B. Bagnall, John T. Daugherty, William E. Parks, Rudolf R. Kleinert, Edward H. McNamara and James R. McCann. Absent-. John F. Dooley. The Pre3ident stated that pursuant to the provisions of Ordinance No. 401, as amended, of the City of Livonia, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," and likewise pursuant to a Notice of Public Hearing duly published and sent to property owners in accordance with said Ordinance No. 401, as amended, the City Council was opening a Public Hearing for the purpose of review- ing the assessment roll for the installation of paving on Cavell Avenue between Plymouth Road and West Chicago Road in the Northeast 1/4 of Section 36 in the City of Livonia. Questions, comments and communications by interested persons were given due consideration by the Council, a transcript of which is on file in the office of the City Clerk. There being no further comments, the Public Hearing was declared c losed at approximately 9:20 P.M., March 18, 1963. Mari Jnr. Clark, City Clerk (/, Page 5928 PUBLIC HEARING ON APPEAL OF NICHOLAS GEORGE RE: PETITION M-274 The above public hearing was held on March 20, 1963, at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at 8:17 P. M. Members of the Council present: Sydney B. Bagnall, John T. Daugherty, William E. Parks, John F. Dooley, Edward H. McNamara and James R. McCann. Absent: Rudolf R. Kleinert. Approximately two hundred residents were in attendance. The President stated that the public hearing was held for the purpose of hearing the appeal of NichGlas George from the decision of the City Planning Commission in denying Petition M-2711 for Drive-In Theater at Plymouth and Levan Roads in the City of Livonia. Don Leider of Country Homes Subdivision spoke in opposition to the petition: 1. Concerned with the tax bills; feels that this industrial zoning property could be placed to better use by bringing in industry that would pay a fair rate in taxes rather than a drive-in theater which brings in less; 2. Considers it a traffic hazard; 3, Expressed sympathy with St. Marys Hospital and the traffic hazard on Levan Road, which leads to the hospital. Feels drive-in traffic would tie up Levan Road and that the road is not capable of handling the traffic. 14„ General nuisance factor; subject to teenagers on the way home, coming through subdivision dumping debris, in addition to the type of driving they do. 5, Property values will be decreased. 6. Traffic coming at the same time as Ford Motor changes shifts. Factory traffic is adult traffic in comparison to traffic from a drive-in. William N. Ponder, Attorney for the petitioner, spoke in defense of the petition. Based appeal on the belief that the Planning Commission erred. 1. Planning Commission admits that they comply with the 1,000 foot requirement; Page 5929 2. Traffic; obtained traffic survey study put out by County in 1962. Drive-in Theater produces about 300 or 100 cars on Monday through Friday. Saturday it increases to about 1000 cars. Ford Motor putting out three or four times per day the traffic as the theater would put out. If a plant came in, it would produce more traffic than the theater. Any use of property in industrial zoning is going to increase traffic. 3. Had contacted surrounding areas where they have drive-in theaters and stated that they have no juvenile delinquency problems as the result of the drive-in. Felt this was a valid use for the area. Mrs. Lyman, Riverside Church of God, spoke in opposition to the petition. Concerned about value of their property; mentioned noise from traffic interfering with church services now. The theater would increase this. Sam DeChamp, Country Homes Subdivision, spoke in opposition to the petition; specifically about the traffic problem. Don Freeman, Country Homes Subdivision; traffic problem; accident rate at Plymouth and Levan, highest accident rate in the City of Livonia. Jerry Scully, Country Homes Subdivision, spoke in behalf of the St. Marys Hospital regarding traffic problem. William Gaunt, Chairman of Livonia Traffic Commission, read resolution from Traffic Commission recommending that Drive-In be denied; also recommending that this matter be held up until traffic count can be obtained from Michigan State Highway Depar tment. A resident requested that the people of Country Homes be allowed to vote; if they passed it by 80%, then the Drive-In can be approved. Councilman Daugherty spoke about traffic count. Rodney Kropf, Attorney for petitioner, stated that the State Highway Department has already approved a proposed set of plans for the use of the state highway for the drive-in theater. A resident spoke in opposition stating that we already have two theaters on Plymouth Road. Page 5930 Robert Scott, Country Homes Subdivision, spoke in opposition regarding the traffic problem. The President of the Council read a letter from the Board of County Road Commissioners re: Petition M-274, stating that they had no objection. Wtn. Caunt, Chairman of Livonia Traffic Commission, said Wayne County Road Commission has no jurisdiction over a state highway. State Highway Depart- ment cannot deny owner of property use or access to his property. Lionel Briggs, Country Homes Subdivision, stated that the real issue is the end use of the property involved; Planning Commission has attempted to maintain this. The use of the property and the will of the people is very clear; it is the duty of the Council to see that it is upheld. Mr. Lester Wioborne of Country Homes Subdivision, said it is not the drive-in theater itself; it attracts certain undesirable elements. There being no further comments, the President declared the public hearing closed at 9:18 P. M., March 20, 1963. Kari, W. Clark, i y erk v '