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HomeMy WebLinkAboutPLANNING MINUTES 1956-08-07 1400 34-5 MINUTES OF A PUBLIC HEARING OF THE CITY PLANNING COMMISSION On August 7, 1956, the above meeting was held by the City Planning Commission of Livonia at the City Hall, 33001 Five Mile Road, Livonia, Michigan. - Chairman William R. Robinson called the Public Hearing to order at approx- imately 8:11 p.m. Members present: Leonard Kane Robert L. Miller Karle Steinhoff William R. Robinson Daniel Lepo Members absent: *Charles Walker Robert L. Greene H. Paul Harsha Fred A. Lotz Charles Pinto, Asst. City Attorney, was present together with approximately 50 interested residents attending the Public Hearing. The secretary announced that the first item on the'agenda was-Petition No. Z-181 by Donald C. Deremo, Attorney for John J. Lin emann, et al, requesting that the zoning classification of lots 550b (portion of), 551 (portion of) and 552 (portion of), Supervisor's Livonia Plat, No. 10 portion of Lots 1, 2 and 3, Bell Creek Estates Subdivision, portion of Parcel 1171a6, Z2a6, portion of Parcel 11Z2a7b and portion of Parcel 10QQ1 located on the North and South sides of Six Mile Road and the East and West sides of Merriman Roadin the Southeast 1/4 of Section 10 Southwest 1/4 of Section 11, Northwest 1/4 of Section 14 and Northeast 1/4 of Section 15, be changed from C-1 to RUFB. The secretary read letter dated July 17, 1956, from Calvin-Roberts, Chief Livonia Fire Department. Mr. Donald C. Deremo, Attorney, was present, representing petitioner. Mr. Deremo stated that Petition No. Z-181 is an outgrowth of petition M-16 by Plymouth Oil Company which requested approval of gasoline service station which petition was denied by Commission June 19, 1956. stated he represents 114 property owners who are in support of Petition No. Z-181. Stated property owners wish area to be zoned what they feel it should be used for. At the present time there is no commercial business use for approximately 1/2 mile from intersection and that that use is a Valid-Non-Conforming Use. The next nearest commercial business is one mile from intersection and intersection consists of 100% residential property having a market value of $25,000. Presented sketch showing site of proposed location of gasoline station (Petition M-16) and signatures of residents opposed to such use. Mr. John Lingemann, 31501 Six Mile Road, stated he owned portion of property requested to be rezoned from C-1 to RUFB. Stated seven parcels of 100' or more are occupied by residential homes in area. Mrs. Adina Foster, 31284 Six Mile Road, stated her home is situated on 145' of the present C-1 property. Mr. Fred Meisner, 31345 Six Mile Road, stated he owned Southeast corner of Merriman and Six Mile Roads. *Page 1403 UL. K:y Messrs. Rodman Myers and Patrick Foley, Attorneys, 1990 National Bank Building, Detroit, were present, representing owner of-property located on the Northwest corner of Merriman and Six Mile Roads. Referred to Section 20.01 (c), Zoning Ordinance No. 60, Stated it is their contention that the necessary 50% of the frontage is not present in Petition No. Z-181 and that any action favoring petition would be invalid. Had present here at meeting owners of Parcels QQ1, Z2a7b and owner of Southwest corner of Merriman and Six Mile Roads. , It was ascertained that Petition No. Z-181 had not been signed by the owners of fifty percent of the frontage of area in question. Mr. Deremo stated the City Planning Commission on its own motion can initiate petition to change zoning. Mr. Robinson asked Mr. Pinto whether it is necessary to initiate petition in view of the fact this is public hearing and information has been published. Mr. Pinto stated in his opinion it would be a procedure question and Commission would be much better versed than himself. Mr. Myers stated according to Zoning Ordinance, No. 60, there has to be a resolution first, followed by a notice of public hearing published in local paper and then public hearing. Mr. Kane called Commission's attention to Albe Munson's recommendation dated July 24, 1956, and that there is 360' zoned C-l. Mr. Myers stated additional 60' is in their favor and that they gain actual frontage by this method. Mr. Deremo requested that Commission take into consideration making a resolution on its own motion. Mr. Robinson stated it appears that petition No. Z-181 has not been presented representing sufficient number of frontage. Upon a motion duly made by Mr. Lepo, seconded by Mr. Miller and unanimously carried, it was #8-280-56 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-181, as submitted by Donald C. Deremo, Attorney for John J. Lingemann, et al, for a change of zoning in the Southeast 1/4 of Section 10, Southwest 1/4 of Section 11, North- west 1/4 of Section 14 and Northeast 1/4 of Section 15, from C-1 to RUFB, the City Planning Commission does hereby recommend to the City Council that Petition No. Z-181 be denied without prejudice because petition is signed by less than fifty percent of the frontage in area as required by Section 20.01 (c), Zoning Ordinance, No. 60, and :31 1402 347 FURTHER RESOLVED, Notice of the above hearing was published in the official newspaper, The Livonian, under date of July 19, 1956, and notice of which hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumer Power Company, City Departments and petitioners as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Petition No. Z-101aa by Oscar Kaley requesting that the zoning classification of Lots 13 through 34, E. G. Settle Realty Company's Bonaparte Gardens Subdivision located on the Southwest corner of Middlebelt Road and Dover Avenue in the Southeast 1/4 of Section 35, be changed from RUFB to C-1.' The secretary read letter dated July 17, 1956, from Calvin Roberts, Chief Livonia Fire Department. Mr. Oscar Kaley was present. Mr. Kaley stated up to his property line is zoned C-1 and that at one time it was all zoned C-1 but through error Zoning Ordinance No. 60 showed area zoned RUFB. No one was present opposed to petition as presented. No one else was present in support of petition. Mr. Miller asked Mr. Kaley what provision-he has made for off-street parking facilities. Mr. Kaley stated off-street parking would be the same as existing stores have - in back of building. Mr. Steinhoff asked about alley. Mr. Kaley stated there is a usable, improved alley. Mr. Steinhoff stated he could not see that if land is rezoned and used for business purposes the only place to park would be in the rear of stores which is not too desirable. Mr. Robinson suggested petitioner designate one lot for parking purposes. Mr. Steinhoff asked width of lots. Mr. Kaley stated there are three lots 20' and one lot 35' wide, with a total of 95t. Mr. Miller stated twice this same petition has been before Commission. One time it was requested that area on Freemont be zoned for parking. Mr. Robinson stated that it has been his experience that without con- venient parking,areas became blighted areas. Mr. Steinhoff stated petitioner has right to build solid without making any provisions for parking other than in back of stores. Caud Mr. Kane asked about-Lots 35 to 38 as mentioned in Albe Munsonts recommen- dation dated July 24, 1956. It was ascertained that these lots were re- zoned to C-1 by the City Council July 2, 1956. Upon a motion duly made by Mr. Lepo and seconded by Mr. Kane, it was #8-281-56 RESOLVED that,-pursuant to a Public Hearing having been held on Petition No. Z-101aa, as submitted by Oscar Kaley, for a change of zoning in the Southeast 1/4 of Section 35 from RUFB to C-1, the City Planning Commission does hereby recommend to the City Council that Petition No. Z-101aa be granted in order to bring these lots into conformity with rest of C-1 area, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 19, 1956, and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumer Power Company, City Departments and petitioner as listed in the Proof of Service. A roll call on the foregoing resolution resulted in the following: AYES: Lepo, Steinhoff, Kane, and Miller NAYS: Robinson The secretary announced that the next item on the agenda was Petition No. Z-178 by Simon L. Solomon, President, Simon L. Solomon Associates, Inc., requesting that the zoning classification of the South 62 feet of Lot 76, - Brightmoor Homes Acres located on the West side of Loveland Avenue, approx- imately 112 feet North of Five Mile Road in the Southwest 1/4 of Section 15, be changed from R-1 to P-1. Mr. William K. Gulfelt was present, representing the petitioner. Mr. Gulfelt stated the main reason for request is that petitioner wishes to provide ample off-street parking. Mr. Kane questioned what would be done with remaining 12t of Lot 76. Mr. Gulfelt stated the 121 has been sold to the adjacent home owner. *Mr. Charles Walker arrived at approximately 8:50 p.m. Mr. Steinhoff stated a greenbelt would have to be provided between business property and residential property. Mr. Gulfelt stated he informed petitioner of this at the time of purchase and he agreed. No one was present objecting to petition as presented. Upon a motion duly made by Mr. Steinhoff and seconded by Mr. Kane, it was #8-282-56 RESOLVED that,--pursuant to a Public Hearing having been held on Petition No. Z-178 by Simon L. Solomon, President, Simon L. Solomon Associates, Inc., for a-change of zoning in the Southwest 1/4 of Section 15 from R-1 to P-1, the City Planning Commission 1404 14 9 does hereby recommend to the City Council that Petition- No. Z-178 be granted in order to provide additional off- street parking facilities, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of July 19, 1956, and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumer 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: Lepo, Steinhoff, Kane, Robinson, and Miller NAYS: None NOT VOTING: Walker The secretary announced that the next item on the agenda was Petition No. Z-179 by Arthur A. Rosner, Mgr., Harold Sarko Management Company, requesting that the zoning classification of Lots 25 to 30, Five Elm Park Subdivision located on the Southeast corner of•Elsie Avenue and Middlebelt Road, in the Northwest 1/4 of Section 24, be changed from R-2 to C-1. The secretary read letter dated July 17, 1956 from Calvin Roberts, Chief Livonia Fire Department. The petitioner was not present. Mr. Walter Abraham, 29127 Five Mile Road, stated he would represent petitioner as he is familiar with area and requested change. Mr. Abraham stated he checked zoning map with city departments and no one could tell him exactly where C-2 line extends. Mr. William Herrick, -1+997 Cavour, stated he objects to petition. With present zoning a two-family residence would be erected whereas with change petitioner could erect gasoline station or stores. Two-family residence would have no adverse condition on homes whereas gasoline station or stores would. Stated fences have been erected on the easement and asked whether it would be necessary to cut Alley through if petition is granted. Mr. Robinson stated if there is an alley, petitioner could use it and that question of fences is not pertinent. Mr. Walker asked how close to property is nearest house. Mr. Abraham stated across alley and back there is a house. Mr. Robinson asked depth of lots. Mr. Abraham stated 100 feet plus alley and that subdivision was platted in 20' lots in 1925. Upon a motion duly made by Mr. Steinhoff, seconded by Mr. Miller and unanimously carried, it was ty #8-283-56 RESOLVED that, Petition No. Z-179 by Arthur A. Rosner, Mgr., Harold Sarko Management Company, requesting change of zoning in the Northwest 1/4 of Section 24 from R-2 to C-i be tabled until September 18, 1956, in order to afford Commission further opportunity to investigate area. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Petition No. Z-182 by Dwight and Margaret Morris requesting that the zoning classification of Parcel 31Fla, located on the East side of Ann Arbor Road approximately 500 feet South of Ann Arbor-Trail in the Northeast 1/4 of Section 31, be changed from RUFB-to C-2. The secretary read letter dated July 17, 1956 from Calvin Roberts, Chief Livonia Fire Department, The petitioner nor a representative was present. Mr. Kane stated there is no need for change of zoning as a nursery is permitted in RUF District. Mr. Wilbert Cooper, 38116 Minton, stated that this is second request to change zoning in immediate area. About year ago zoning was changed for another parcel at which time Mr. Morris stated he was going to put in a garage. Since that time a building has been started but never completed. Stated it was his understanding that Mr. Morris is not going to put in nursery but a restaurant. Recommended that Commission ascertain whether petitioner is going to put in a nursery or whether he is actually interested in putting in restaurant. Mr. Robinson stated petitioner can always change his mind. Mr. Cooper stated if petitioner is going to put in nursery he does not have to change zoning, then why was petition filed. Stated petitioner is misrepresenting himself. Stated property owners have purchased property with understanding that it is zoned RUF. Mr. Reynolds, 28028 Ann Arbor Trail, stated he lives next door to unfinished garage. Mr. Donald Wilson, Chief Inspector arrived at approximately 9:15 p.m. Upon a motion duly made by Mr. Kane, seconded by Mr. Steinhoff and unanimously carried, it was #8-284-56 RESOLVED that, -pursuant to a Public Hearing having been held on Petition No. Z-182 as submitted by Dwight and Margaret Morris for a change of zoning in the Northeast 1/4 of Section 31 from RUFB to C-2, the City Planning Commission does hereby recommend to the City Council that Petition No. Z-182 be denied inasmuch as there'is no need to change zoning for purpose as stated in petition, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 19, 1956, and notice of which hearing was sent to The Detroit Edison Company, 1 Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumer Power Company, City Departments and petitioner as listed in the Proof of Service. 1405 The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Petition No. Z-183 by Ada D. and Carl A. Goers, et al, requesting that the zoning classification of Lots 1 to 24, 31 to 51, Five Elm Park Subdivision located on the Northeast corner of Middlebelt Road and Elsie Avenue in the Northwest 1/4 of Section 24 be changed from R-2 to C-2. Mr. Walter Abraham, 29127 Five Mile Road, was present representing the petitioners. Upon a motion duly made by Mr. Kane and seconded by Mr. Steinhoff, it was #8-285-56 RESOLVED that, Petition No. Z-183 by Ada D. and Carl A. Goers, et al requesting change of zoning in the Northwest 1/4 of Section 24 from R-2 to C-2 be tabled until September 18, 1956, in order to afford Commission further opportunity to investigate area. Mr. Abraham requested reconsideration of motion to table as lots are closer to Five Mile Road than those petitioned for in Petition No. Z-179 and property owners have a lease to have a store built and it is imperative that they have action on petition. A roll call vote on Resolution No. 8-285-56 resulted in the following: AYES: Lepo, Steinhoff, Kane, Walker, Robinson and Miller NAYS: None The Chairman called a recess at approximately 9:19 p.m. The Chairman called the meeting to order at approximately 9:35 p.m. with all present as named at the beginning and course of meeting including Lieutenant Bob Perry, Livonia Fire Department. The secretary announced that the next item on the agenda was Petition No. V-14 by Frederick Wilson, Atty. for Carlos H. and Augusta Ray re- questing that portion of Carl Street located in Westmore Subdivision running in an easterly direction from Westmore to Shadyside and lying adjacent to and immediately North of Lots 124 and 203, Westmore Subdivision in the Southwest 1/4 of Section 3 be vacated. The secretary read letters dated August 2, 1956 from Arre 0. Lyijnen,'Michigan Bell Telephone Company; dated July 26,1956, from Frederick Wilson; Attorney, and dated August 1, 1956, from Farrell W. Grote and David Meinzinger, Engineering Department. Mr. Frederick Wilson, Attorney, was present. Mr. Wilson presented pictures (returned to Mr. Wilson) of view of street showing'telephone wires as mentioned in letter from Michigan Bell Telephone Company. Mr. Kane asked reason for vacating street. Mr. Wilson stated the street is not used and will run through petitioners garage and put existing home almost directly on road. Stated only immediate property owner has no objection to vacating of street. 352 C arl No one was present objecting to petition as presented. The secretary read recommendation dated July 24, 1956, from Albe Munson, Planning Consultant, as requested by Karle Steinhoff. Messrs. Theodore Make, 19539 Westmore and Sweezie, 19511 Westmore were present. Mr. Miller made the following motion which he withdrew after further con- sideration: RESOLVED that, Petition No. V-14 by Frederick Wilson, Attorney for Carlos H. and Augusta Ray, requesting portion of'Carl Street located in the Southwest 1/4 of Section 3 be vacated, be tabled in order to obtain written recommendation from City Engineer. Mr. Farrell Grote, Construction Inspector, Engineer Department, stated there is an existing 6" water main in street. Mr. Wilson stated if it is a question of easement, petitioner will be glad to do that to take care of sewer as stated in Mr. Meinzingerts letter. Upon a motion duly made by Mr. Lepo and seconded by- Mr. Kane, it was #8-286-56 RESOLVED that,-pursuant to a Public Hearing having been held on Petition No. V-14 by Frederick Wilson, Attorney for Carlos H. and Augusta Ray requesting that portion of Carl Street, located in the Southwest 1/4 of Section 3, be vacated, the City Planning Commission does hereby recommend to the City Council that Petition No. V-14 be denied as it will be difficult to service public utilities as pointed out in letter dated'August 1, 1956, from • Farrell W. Grote, Construction Inspector, Engineering Department, and David Meinzinger, Director of Public Works, and FURTHER RESOLVED, notice of the above hearing was published-in • the official newspaper, The Livonian, under date of July 19, 1956,' and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumer Power Company, City Departments, petitioners and abutting property owners as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Lepo, Steinhoff, Kane, Robinson and Miller NAYS: Walker The secretary announced that the next item on the agenda was the proposed Harrison Park Subdivision located on the Southwest dorner of Harrison and Terrence Avenues in the Southwest 1/4 of Section 13. The secretary read letters dated July 12, 1956, from Herald F. Hamill, Engineer; dated July 27, 1956, from Calvin Roberts, Chief Livonia Fire Department; and dated July 30, 1956, from Donald Wilson, Chief Inspector. Mr. Nandino Perlongo was present representing the petitioner. 1408°9 fl Mr. Perlongo stated on June 5, 1956, this proposed plat was denied by the City Planning Commission and a certified copy of the minutes of that hearing was attached to the City Attorney's answer to client's mandamus. Plat was denied because of certain errors as stated in minutes and has corrected plat accordingly Mr. D. J. Dwyer, 15972 Harrison Road, stated ten property owners were present objecting to proposed plat. Stated entire area is platted into 1/2 acre plots. At previous meetings recommendations of various authorities were read stating that lots less than 1/2 acre are not desirable. Mr. Robinson stated-according to Zoning Ordinance No. 60 petitioner is permitted to plat R-1 lots in RUF area. Mr: Dwyer stated RUF owners are not then permitted to object. Mr. Robinson stated it is RUF owners privilege to object. Mr. Dwyer stated 90% of property owners in immediate area object to this plat. Requested petitioner redesign plat into at least 80' x 100' (15,000 square feet) lots. Mr. Robert Phillips, 15980 Harrison, stated he concurred with Mr. Dwyer inasmuch as this entire area is RUF and built as such. Eighty percent of property owners have signed petition previously objecting to proposed plat. • Mr. Steinhoff, Memberr,of the Plat Committee, stated he concurred with letter as written by Mr. Wilson, Chief Inspector, regarding Lots 31, 35 and 78. Mr. Herald Hamill stated he discussed these lots with Mr. Wilson. Submitted sketches showing that home could be located on lots and comply with Zoning Ordinance. Mr. Robinson asked Mr. Hamill whether he intended to build homes as shown on sketches. Mr. Hamill stated purpose of sketches is to show that house can be built on lots and comply with ordinance. Mr. Perlongo stated the matter before Commission is that petitioner has to comply with certain regulations as to width of lots. When it comes to building houses the Building Department has the authority to say that house has to be built to fit lot. Lots at this time do however comply with re- gulations 'and petitioner cannot super-impose house on lots in question at this time. Mr. Kane asked status of property directly South of Property in question (on Broadmoor). Mr. Dwyer stated that parcel is owned by one owner and is approximately 100' frontage and 1,000 feet deep. Mr. Leo Berrish, 28446 Terrence, stated petitioner is platting lots at a minimum. A small school is located in this area and there is no provision for a park site. crzi Mr. Dwyer stated lots diratly across the street on Harrison have 1001 frontage. Mr. Steinhoff asked square footage of proposed homes. Mr. Harry Granader N. & R. Homes, Inc., stated 1,100 square feet selling for $16,000 to $19,000. Mr. Perlongo stated 78 homes are planned for area. Upon a motion duly made by Mr. Lepo and seconded by Mr. Steinhoff, it was RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby give approval to preliminary plat of Harrison Park Subdivision located on the Southwest corner of Harrison and Terrence Avenues in the Southwest 1/4 of Section 13 because it complies with Zoning Ordinance, No. 60, and Subdivision Rules and Regulations. A roll call vote on the foregoing resolution resulted in the following: AYES: Lepo, Steinhoff and Robinson NAYS: Kane, Walker and Miller Upon a motion duly made by Mr. Walker and seconded by Mr. Miller, it was RESOLVED that, proposed Harrison Park Subdivision located on the Southwest corner of Harrison and Terrence Avenues in the Southwest 1/4 of Section 13 be tabled for further study. A roll call vote on the foregoing resolution resulted in the following; AYES: Kane, Walker and Miller NAYS: Lepo, Steinhoff and Robinson Upon a motion duly made by Mr. Walker and seconded by Mr. Kane, it was #8-287-56 RESOLVED that, proposed Harrison Park Subdivision located on the southwest corner of Harrison and Terrence Avenues in the Southwest 1/4 of Section 13 be tabled until August 14, 1956. A roll call vote on the foregoing resolution resulted in the following: AYES: Kane, Walker, Robinson and Miller NAYS: Lepo and Steinhoff The secretary announced that the next item on the agenda was the proposed Algonquin Park Subdivision located on the Northwest corner of Middlebelt Road and Lyndon Road in the Northeast 1/4 of Section 23. The secretary read letter dated July 23, 1956, from Jack Coleman, Unity Construction Co.; dated July 27, 1956 from Calvin Roberts, Chief Lona Fire Department and dated July 30, 1956 from Donald Wilson, Chief Inspector. Messrs. Jack Coleman ' and Eugene Musial were present. 1410 o d d Mr. Musial stated on the South boundary abutting Lyndon Road proposed subdivision correspond3to subdivision to the South as to lot size and lots on the North end of proposed subdivision are now 801 rather than 751 as originally proposed. Mr. Robinson asked whether petitioner intended to pave walkways as shown. Mr. Musial stated they will do whatever is required and that F.H.A. will require paving for at least 10' or 121. Stated regarding streets coming into Middlebelt Road, proposed Lynn Meadows Subdivision, No. 2 also show streets entering into Middlebelt Road and proposed subdivision conforms to what commission has already approved on other side of Middlebelt. Mr. Steinhoff stated supposing 121 of the walkway is paved it would leave 91 on each side. Suggested greenbelt be established. Mr. Musial stated with such a large walkway it is going to be expensive. Stated it would depend on the type of greenbelt Commission desires. Mr. Steinhoff stated there is a 10' walkway in Chicago Heights Subdivision. Mr. Robinson stated 10' walkway instead of 301 as shown would decrease nuisance. Mr. Musial stated if walkway is reduced to 101, offered to pave entire 10'. Mr. Miller agreed that 101 walkway would be nice as it would then not require any maintenance. Stated number of streets entering into Middlebelt Road was pointed out by Mr. Greene at last hearing. Stated he also ob- jected to number of streets. Mr. Musial stated Lynn Meadows Subdivision, No. 2 was submitted with same condition. Mr. Miller stated there are three streets entering South of Subdivision; one entering West of subdivision and four entering North of subdivision. Stated in one small area petitioner has as many streets leading into Middlebelt as North, South and West sides. Even including the Lynn Meadows Subdivision, No. 2, it will increase the number of streets entering Middlebelt. Mr. Robinson concurred with Mr. Miller. Suggested service drive with only two exits to Middlebelt Road. Mr. Musial asked who will maintain service drive. Mr. Robinson stated the City of Livonia would maintain service drive. Mr. Musial asked why it was not required in Lynn Meadows Subdivision No. 2, which was recently approved. Mr. Robinson stated because Commission makes error there is no reason why Commission should continue to do so. Mr. Walker stated with service drive conjestion may be created by people living in area. Mr. Musial stated a 251 set-back is proposed on lots siding on Middlebelt Road. Mr. Arthur Fisher, 30408 Hoy Avenue, stated he also objected to four streets entering Middlebelt Road. Stated he would still like to see buffer strip increased as to depth. J Mr. Walker stated he was the one who introduced resolution tabling subdivision, July 17, 1956. Stated two objections have been corrected and that he is satisfied. Mr. Fisher stated entire area has 35' to 40' set-backs and that he did not think 25' set-back is adequate. Upon a motion duly made by Mr. Walker and seconded by Mr. Steinhoff, it was #8-288-56 RESOLVED that, pursuant to a Public Hearing having been held July 17, 1956, the City Planning Commission does hereby give approval to preliminary plat of Algonquin Park Subdivision located on the Northwest corner of Middlebelt and Lyndon Roads in the Northeast 1/4 of Section 23 because Commission has con- sidered proposed plat twice and it now seems to conform with area the best it can, and 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 the Building Department, Superintendent of Schools, School Board President, Fire Dept., Parks and Recreation Department, Police Department and Members of the Plat Committee. A roll call vote on the foregoing resolution resulted in the following: AYES: Lepo, Steinhoff, Kane and Walker NAYS: Miller NOT VOTING: Robinson The secretary announced that the next item on the agenda'as Application TA16 by Kenneth Kerbyson requesting permission to remove topsoil from Parcels 27G2, 27G3, 27G13 to G22, 27G23 to G29, 27G30 to 27G37 located 375 feet North of Plymouth Road approximately 423 feet West of Merriman Road with ingress and egress onto Merriman and Plymouth Roads in the Southeast 1/4 of Section 27. The secretary read letter dated August 7, 1956, from Charles 0. Grain, Harmon & Crain, Attorney. The petitioner nor a representative was present. Mr. Steinhoff stated in his opinion Commission should afford petitioner his request. Mr. Jack Whitehead, 31510 Plymouth Road, stated petition was denied August 17, 1954. Stated he received letter designating hearing tonight, and that there are two gentlemen present who had to take off work to attend. Stated letter from attorney is dated today. Stated nothing has changed since 1954 except property has changed ownership. The same ob- jections are in order as they were in 1954. Stated petition was filed in 1954 which had several signatures of property owners objecting to removal. Mr. Robinson stated he believed a new petition objecting to application would be in order. QFY�'F" V' Mr. Whitehead stated Mr. Kerbyson has been into property and entire 35 acres has been dug up. The secretary read letter dated August 6, 1956, from William Newstead, Patrolman, Livonia Police Department and Francis Murphy, Acting Police Chief. Mr. Robinson stated in his opinion the Police Department should contact Mr. Kerbyson by letter rather than trying to catch him at home. Mr. Donald Wilson, Chief Inspector, stated there is a very high water level in area and that Clarence Hoffman (owner of bowling alley) had to go to great expense to connect into sewer to get facilities for his bowling alley. Mr. Walker, Chairman of the Topsoil Commission, stated he discussed matter with David Meinzinger, Director of Public Works; and that he (Mr. Meinzinger) is opposed to application. Stated if necessary, the department will write letter. Stated according to survey submitted Plymouth is shown as 99.0 and Merriman is shown as 107.0. There are some small spots that go as high as 103.0 and that from the survey, if entire parcel was leveled, it would still be below grade. There is no topsoil to remove unless holes are left. Approximately eight interes ed property owners were present objecting to application. The secretary read letter dated July 31, 1956, from Fred Lotz, Member of the Plat Committee. Upon a motion duly made by Mr. Lepo. seconded by Mr. Kane and unanimously carried, it was #8-289-56 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby deny Application TA16 as submitted by Kenneth Kerbyson for permission to remove topsoil in the Southeast 1/4 of Section 27 because it has been found by Topsoil Comm. that property is below grade level, thus not to warrant removal of topsoil, and FURTHER RESOLVED, notice of the above hearing was sent to 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 August 2, 1956, and from the Police Department under date of August 6, 1956. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Petition M-21 by Henry Carnick requesting permission to erect a gasoline service station on Lot 738, Supervisor's Livonia Plat No. 12, located on the Southeast corner of Ann Arbor Trail and Newburg Road in the Northwest 1/4 of Section 32. The secretary read letters dated July 30, 1956 from Calvin Roberts imani • Chief Livonia Fire Department. Mr. W. J. Faigan, 29620 Grandon Street, was present, representing the petitioner. Mr. Faigen stated he was aware of the existing church across the street but was not aware of Section 29.0, City Ordinance No. 37, as pointed out by Calvin Roberts' letter. Stated service station sets on corner and will be 1001 from center line of road, approximately 1501 to 200' from church. Station has to set back because of the proposed widening of Ann Arbor Trail. Mr. Robinson asked the type of station proposed. Mr. Faigan stated a regular two-bay Sinclair Station with eight pumps. Mr. Walker asked whether Mr. Carnick is familiar with letter from Fire Department. Mr. Faigan stated he is not. Stated closest tank would be pump island, set back 451 from sidewalk and 140' from church. Mr. Kane asked location of next nearest gas station. Mr. Steinhoff stated there are two on Ann Arbor Trail and Ann Arbor Road and one near the skating rink. Mr. Faigan stated there isn't a gas station between Wayne Road and Ann Arbor Trail. Mr. Steinhoff asked whether Mr. Faigan felt that population would be adequate, to support gas station. Mr. Faigan stated he felt man could make a living at location now and there is more potentiality in the future. Mr. Miller asked whether Mr. Faigan had a survey to showHhat population one station will support in a given area. Mr. Faigan stated he had nothing definite. Stated there are 150 homes towards Wayne Road and that the only way owners can get to Wayne and Ann Arbor Roads is to go by location. Also there are several mpdels going up at Wayne and Newburg. Rev. Robert Richards, Minister, 9901 Melrose, representing church across the street stated he had meeting last Friday night which represents 300 people. Stated their main objection is that it is going to be a nuisance to divine worship. Stated location is 150' from alter of church. Approximately 200 to 300 children go in and out of church two or three times a week. Stated Newburg Road is likely to be race track from Michigan to Ann Arbor. Stated they contemplate erection of $100,000 church on the corner. Mr. Miller asked whether most of the congregation live in immediate area. Rev. Richards stated 2/3 do. Mr. Harold Mennick, 36910 Ann Arbor Trail, stated he feels gas station will be objectionable and that existing gasoline stations cannot carry their own without having additional garage work. Upon a motion duly made by Mr. Miller, seconded by Mr. Steinhoff, it was 1414 0 9 #8-290-56 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby deny Petition M-21 by Henry Carnick requesting permission to erect a gasoline service station located on the Southeast corner of Ann Arbor Trail and Newburg Road in the Northwest 1/4 of Section 32 because it will interfere with the sanctuary of the church across the street, and FURTHER RESOLVED, notice of the above hearing was sent to the property owners with 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Walker made the following motion which died for lack of support: RESOLVED that, Petition M-21 by Henry Carnick requesting permission to erect a gasoline service station located on the Southeast corner of Ann Arbor Trail and Newburg Road in the Northwest 1/4 of Section 32 be tabled in order to obtain recommendation from Albe Munson, Planning Consultant and give commissioners further opportunity to investigate item. A roll call vote on Resolution 8-290-56 resulted in the following: AYES: Lepo, Steinhoff, Kane and Miller NAYS: Walker and Robinson The -secretary announced that the next item on the agenda was the proposed Har-LO Subdivision located on the North side of Schoolcraft Road approximately 1,300 feet East of Middlebelt Road in the Southwest 1/4 of Section 24. The secretary read letters dated July 23, 1956 from Harold H. Gordon, Gordon- Begin Investment Company; dated July 30, 1956 from Donald Wilson, Chief Inspector, and dated July 27, 1956 from Calvin Roberts, Chief Livonia Fire Department. Messrs. Louis Begin and Harold Gordon were present. Mr. Robinson stated in his opinion the curve as shown on revised plat is not as desirable as curve shown on the original plat; however Commission cannot do anything about it as revised plat conforms to ordinance whereas original plat does not. Asked if the number of lots remained the same. Mr. Gordon stated they gained one lot in the revised plat. Upon a motion duly made by Mr. Kane, seconded by Mr. Walker and unanimously carried, it was #8-291-56 RESOLVED that, pursuant to a Public Hearing having been held July 10, 1956, the City Planning Commission does hereby give tentative approval to preliminary plat of Har-Lo Subdivision located on the North side of Schoolcraft Road approximately 1,300 feet East of Middlebelt Road in the Southwest 1/4 of Section 24 because•it conforms to the Zoning Ordinance and adjoining property, and �1 0 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 the Building Department, Supt. of Schools, School Board President, Fire Department, Police Department, Parks and Recreation Department and Members of the Plat Committee. The Chairman declared the foregoing resolution adopted. The secretary read letter dated July 24, 1956, from William W. Brashear, Mayor, regarding ceremony August 13, 1956, at 7:30 p.m., at the court house honoring Judge Nye. Lieutenant Bob Perry, Livonia Fire Department was excused from meeting at approximately 11:25 p.m. The secretary read letter dated August 1, 1956 from Mr. Enid Harsha regarding H. Paul Harshats health. Mr. Robinson informed members that Mr. Harsha was now at home but that for a few days he is unable to see visitors. On a motion duly made, seconded and unanimously adopted the Public Hearing las duly adjourned at approximately 11:30 p.m., August 7, 1956. ,/. /-441-oW-e/(% Robert Z. Miller, eS creta rY ATTESTED; William R. Robinson, Chairman