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HomeMy WebLinkAboutPLANNING MINUTES 1956-09-18 3945 MINUTES OF A PUBLIC HEARING AND THE 72ND REGULAR MEETING OF THE CITY PLANNING COMMISSION On September 18, 1956 the above meeting was held by the City Planning Commission of the City of Livoniat the City Hall, 33001 Five Mile Road, Livonia Michigan. Chairman Wiliam R. Robinson called the 72nd Regular Meeting to order at approximately 8:12 p.m. Members present: Leonard Kane Charles Walker Robert L. Miller Karle Steinhoff William R. Robinson Members absent: *Robert L. Greene H. Paul Harsha Daniel Lepo Fred A. Lotz Lieutenant Bob Perry, Livonia Fire Department was present together with approxi- mately 100 interested residents attending the Public Hearing and the Regular Meeting. The secretary announced that the first item on the agenda was the proposed Lightstone Subdivision, No. 3 located on the North side of Joy Road approxi- mately 325 feet West of Henry Ruff Road in the Southwest 1/4 of Section 35. The secretary read letters dated September 6, 1956 from Calvin Roberts, Chief Livonia Fire Department and dated September 7, 1956 from Donald Wilson, Chief Inspector Mr. Harry Lightstone was present. Mr. Verl Lahs, 9195 Deering, representing Cooper School District stated Mr. Lightstone was before the School board sometime ago regarding school site. at which time he offered a donation. Mr. Lightstone was told by the School Board that it would take offer under advisement. Mr. Lightstone stated donation will come to School Board eventually. * Mr. Robert L. Greene arrived at meeting at approximately 8:16 p.m. Mr. Robinson asked Mr. Lahs whether the School Board wishes to meet again with Mr. Lightstone. Mr. Lahs stated it did. Mr. Lightstone stated he could not make a donation to the School District until plat is through. Willing to cooperate with School Board. Mr. Tino Asquini, 14665 Flamingo stated builders make tentative promises and then when the time comes they renege. Mr. Robinson stated it is illegal for this Commission to hold up this builder or any other builder because of lack of enough schools. Mr. Joseph Bradus, 30920 Lyndon stated there has been a new school built in his area to which the children are transported by bus. The kindergarden child- ren are attending school in three day sessions. Mr. Robinson stated Mr. Bradusts area is not in area under discussion. 396 Owq Mr. Robinson stated a representative of the Cooper School Board has requested that this proposed subdivision be tabled in order that thy' might meet and make a satisfactory arrangement with Lightstone Development Company. Mr. Miller read letter dated August 7, 1956 from John F. O'Bey, Grandon Woods Civic Assocation. Mr. Miller stated that prior to area being built up, Grandon Woods did not have a flood condition. Mr. Lightstone stated flooding of basements is not caused by the building up of an area but by water in the sanitary sewers. Did not believe flooding of basements in Grandon Woods had anything to do with Lightstone Subdivision, No. 3. Stated they propose separate sanitary and storm sewers. Stated the sanitary sewer will tap into line on Joy Road. Mr. Farrell W. Grote, Construction Inspector, Engineering Department stated there is a combined sewer on Grandon Road and that there is a separate sewer going into Nankin Township. Did not see where it would tie into Grandon at all. Mr. Walker asked size of proposed sanitary sewer. Mr. Lightstone stated engineering has been done by Herald Hamill, Plymouth and that whatever is necessary they will comply with. Mr. Walker stated he would like to have Cooper School Board representative present satisfactory recommendation after meeting with Mr. Lightstone. Upon a motion duly made by Mr. Walker and seconded by Mr. Miller, it was RESOLVED that, proposed Lightstone Subdivision, No. 3 located on the North side of Joy Road approximately 325 feet West of Henry Ruff Road in the Sou` hwest 1!4 of Section 35 be tabled until such time as there has been a meeting between Mr. Harry Lightstone and the Cooper School Board. A roll call vote on the foregoing resolution resulted in the following: AYES: Walker and Miller NAYS: Greene, Kane, Steinhoff and Robinson hr. Lahs pointed out that the Cooper School District has a school Building for 500 children and that there are now enrolled 950 children. Asked where School District is to put additional children from this proposed subdivision. Mr. Steinhoff, Member of the Plat Committee stated subdivision meets with all requirements and lots appear to be up to size. Stated he could find no fault with subdivision and that plat is a grid pattern layout like the surrounding area. Proposed subdivision conforms with area. Upon a motion duly made by Mr. Kane and seconded by Mr. Greene, it was RESOLVED that, pursuant to a Public Hearing having been held August 14, 1956 the City Planning Commission does hereby give approval to preliminary plat of Lizhtstone Subdivision, No. 3 located on the North side of Joy 'toad approximately 325 feet West of Henry Ruff Road in the Southwest 1/4 of Section 35 since it conforms to the surrounding area. 407 A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Kane and Steinhoff NAYS: Walker, Robinson and Miller Mr. Lightstone stated he could see no reason for delaying this any longer. They have made a promise and intend to live up to it. Did not believe School Board had the legal power to delay the approval of proposed subdivision. Mr. Lahs stated they are just asking that Mr. Lightstone come back to the Board and give it some assurance that he will cooperate. Mr. Lightstone stated he sent a letter to the School Board stating his intent to make a donation. Stated he does not have to make donation and that he could get approval of proposed plat by going to Court. Stated School Board will be left out in that case. Mr. Miller asked for copy of letter sent to School Board. Mr. Lightstone stated he did not have a copy of letter. Mr. Lahs stated he does not remember such a letter. Stated he will be glad to check into the matter if Mr. Lightstone says he sent a letter. Mr. Lightstone stated letter was sent by his attorney. Mr. Walker asked how long ago letter was sent by attorney. Mr. Lightstone stated in July to the School Boardts Attorney. Mr. Lahs stated inasmuch as it was sent to the attorney and not to the School Board, maybe that is why he has not seen it. Mr. Walker asked Mr. Lightstone whether he would be willing to send copy of letter to School Board. Mr. Lightstone agreed. Mr. Lightstone stated the longer he is kept running, the less parcel is worth and the less chance this man has of getting his money. Mr. Steinhoff stated inasmuch as Commission cannot come to an agreement, suggested item be tabled to next public hearing. Upon a motion duly made by kr. Std. nhoff and seconded by Mr. Walker, it was RESOLVED that, proposed Lightstone Subdivision, No. 3 located on the North side of Joy Road approximately 325 feet West of Henry Ruff Road in the Southwest 1/4 of Section 35 be tabled until October 9, 1956. A roll call vote on the foregoing resolution resulted in thefollowing: AYES: Walker, Steinhoff and Robinson NAYS: Greene, Kane and Miller Mr. Lightstone stated that if this Commission feels that it does not want him to subdivide area then either approve plator deny it. Stated he received approval of proposed plat February 24, 1954. Stated he cannot get for parcel what he could last July. Chairman William R. Robinson relinquished the Chair to Karle Steinhoff. ml Upon a motion duly made by Mr. Robineon and seconded by Mr. Greene, it was #9-329-56 RESOLVED that, pursuant to a Public Hearing having been held August 14, 1956 the City Planning Commission does hereby give approval to preliminary plat of Lightstone Subdivision, No. 3 located on the North side of Joy Road approximately 325 feet West of Henry Ruff Road in the Southwest 1/4 of Section 35 as it believes Mr. Harry Lightstone is sincere in his statements regarding donation to School Board and that the plat does comply with all requirements, 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 Depart- ment, Police Department, Parks and Recreation Department and Members of the Plat Committee. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Kane, Steinhoff and Robinson NAYS: Walker and Miller The secretary read letter dated July 11, 1956 from David Lewis regarding approval of proposed Bai-Lynn Park Subdivision located on the East side of Merriman Road between Lyndon and Schoolcraft Roads in the Southwest 1/4 of Section 23. The secretary also read letters dated August 13, 1956 from Calvin Roberts, Chief Livonia Fire Department; dated August 14, 1956 from Donald Wilson, Chief Inspector; dated August 3, 1956 from Francis Murphy, Acting Police Chief and dated August 3, 1956 from Patrolman William Newstead, Livonia Police Department addressed to Acting Chief Francis Murphy. Messrs. David Lewis, Harry Mayer, Attorney, 882 Penobscot Building, Detroit and Nandino Perlcngo, Attorney, 1013 South Main Street, Plymouth, were present. Mr. Lewis stated his proposed plat was developed by a competent planning expert and that they believe the plat to be a good one. It is their intent to develop land with homes that will sell for $20,000 such as on the East and West of proposed subdivision and of greater value than existing homes on the South. Discussed letter dated August 14, 1956 from Donald Wilson, Chief Inspector. Stated itis true that the size of easement for the Blue Drain is not shown on the proposed plat. The Drain Commissioner requested that it be omitted as he is not sure how much right-of-way will be needed. Easements as shown on side yards are generally on the side where the drive-way will not be located. All drive-ways will be placed on the right hand side. Where drive- way and easement will both be on right hand side, the lots are sufficiently large enough to allow for such. Either extra width has been provided or else there will be only over-head utilities. Submitted sketch showing location of garage on lots as listed as being difficult to place garage and still have proper side yards. Mr. Robinson asked whether petitioner intended to build homes in position as shown on sketch. Mr. Lewis stated he did. Ash Mr. Lewis stated he could enhance the side of homes (point 4 in letter from Building Department) in all instances that are deemed necessary by the Build- ing Department. Stated Zoning Map indicates that 0utlot A as shown on proposed plat is zoned Commercial Business. Stated he met with officials of the associations in area and t at in order to alleviate associations grievances he would have to provide 1001 lots on Schoolcraft Road and Lyndon Road tapering to Bainbridge and 801 to 901 lots on both sides of Sunset Street from Hubbell Road to Bainbridge Street. Stated associationsrequest entails reduction of 96 lots to 61 lots in that portion of the subdivision. It is their intention that the people of Livonia want 1/2 and 1/3 acre lots. There are a great many people in Livonia who do not go along with 1/2 and 1/3 acre lots because they feel it is necessary to have more reasonable size lots to finance the new sewer. Also there are people who feel that large lots are rough on them because they are in the process of selling their land in small pieces. Mr. Greene referred to letter from Police Department and their request for another ingress to Schoolcraft Road. Asked opinion of Lieutenant Bob Perry. Lieutenant Perry stated that they feel with the two streets entering off of Merriman Road will be ample ingress to subdivision. Mr. Greene referred to letter from Fire Department and asked purpose of cutting streets through. Lieutenant Perry stated it will provide more direct means to homes. Mr. Robinson stated in his opinion request would not be a good idea as it will just connect two subdivisions. Mr. Greene stated it is just a matter of eight or nine lots. Mr. Walker stated adjoining residents on Schoolcraft Road have deep set back whereas on proposed subdivision lots are quite shallow. Asked whether petitioner would be able to match existing set back. Mr. Lewis stated it could be matched but that in his opinion 501 to 751 set back is not too good. Stated 601 set back is unusual and that the minimum is 251 and 401 is not unusual. For benefit of people on Schoolcraft Road it would be possible to pull easement back and stagger set backs. Mr. Robert Blinstrub, 1130 Maccabees Building, Detroit, representing Schoolcraft Manor Civic Association stated regarding what Mr. Lewis said relative to meeting with civic association is true but he did not mention that he did not make any concessions to the association. All proposed subdivisions in area have con- ferred with association and an agreement has been reached. All lots as shown in proposed subdivision are the minimum size. Because Schoolcraft Manor Sub- division has 200 lots with approximately 1/2 acre each and frontage of 801 asked Mr. Lewis and Commission to consider this subdivision and conformity to existing subdivision. Mr. Lewis has offered no compromise to association. Mr. Stevenson, 30952 Schoolcraft Road stated he has invested $31,000 in his home (1001 x 1701 lot). Asked how proposed subdivision will look along side his. hr. Joseph Bradus referred to Section 16.00, Zoning Ordinance, No. 60 and stated there has been no provision made for storm drains. Stated d-ain runs through his subdivision. Water is standing most of the time and drain is not adequate for area now. �0 0 Mr. Arthur Fisher, 30408 Hoy representing Green Acres Civic Association stated C.4 he concurred with Schoolcraft Manor Civic Association. They have worked out a compromise with all other builders in area whereas Mr. Lewis has not even contacted his association. Area has no school now. There is a school proposed for in 1957 which will no doubt be built in 1958 in the meantime the children are going to a school in Section 27. No objection to subdivision in Sections 22 and 24 because there are existing areas platted into 60' lots but in Section 14 it is ideal location for large lots. Mr. Harold Crout, 30425 Lyndon, stated there is 8125 gained for every house going in in proposed subdivision opposed to $370 in school taxes - figuring only one child to the house. Mr. Joseph Milko, 30921 Wentworth stated he objected to proposed subdivision as submitted. Mr. Walker stated with the proposed subdivision it will climax the platting of this square mile area. Believed there should be equal set back on Schoolcraft Road and not sold on graduation of lots as proposed. Believed there should be large lots on Lyndon and Sunset. Wondered whether there shouldn't be a service drive on Merriman Road. Mr. Lewis agreed with Mr. Walker in that subdivision should be a credit to the square mile area. Could not agree that lots on Lyndon in all cases should be large, as Lyndon is facing lot 100' x 660'. Lots on Lyndon in Bai-Lynn Park Subdivision are not accepted by the F.H.A. because Lyndon Road is a half mile road and adjoining area has not been developed. Asked how large Commission would like lots on Sunset. Stated 100' and 90' lots on Sunset is out of the question. If the Commission thinks a service drive on Merriman Road is good planning they will go along with it although a service drive is not acceptable to the County Road Commissioners. Did not think traffic on Merriman Road will be a hazardous condition. In order to provide a service drivel, will be necessary to decrease depth of each lot in orderto provide right-of-way. Mr. Robinson stated it is Mr. Lewis's problem of where he will get area to provide for service drive. Mr. Bradus stated Merriman is paved from Van Born to Michigan Avenue and is going to be a main thoroughfare. Stated he owns property adjoining proposed subdivision on Lyndon Road and that it is vacant and if it is developed it will be developed into 100' lots. Mr. Miller suggested Lots 63 thiough 215 be increased. Mr. Lewis stated it would be impossible from a economic standpoint. Mr. Walker stated subdivision incorporates 80 acres and that he did not think suggestions unreasonable. Approximately 62 were present objecting to proposed subdivision. Upon a motion duly made by Mr. Walker and seconded by Mr. Kane, it was #9-330-56 RESOLVED that, proposed Bai-Lynn Park subdivision located on the East side of Merriman Road between Lyndon and Schoolcraft Roads in the Southwest 1/4 of Section 23 be tabled until such time as petitioner can present something more satisfactory as to the outer perimeter lots and con- formity with surrounding area. A roll call vote on the foregoing resolution resulted in the following: AYES: Kane, Walker, Steinhoff and Miller NAYS: Greene and Robinson The Chairman called a recess at approximately 9:35 p.m. The Chairman caled the Regular Meeting to order at approximately 9:50 p.m. with all present as named at the beginning and course of meeting. The Chairman stated that the Commission has been requested by Mr. David Lewis and members of the Schoolcraft Manor Civic Association to have a joint meeting with the Planning Commission to iron out difficulties. Mr. Greene stated that the last time the Commission scheduled a special meeting for this purpose a lot of time was spent and wasted. Stated if there is to be a joint meeting there should be a nature of compromise on both sides. Messrs. Lewis and Blinstrub assured Commission that they would try to cooperate. A special study meeting was scheduled for September 26, 1956 for thepurpose of discussing Bai-Lynn Park Stb division difficulties. The secretary announced that the next item on the agenda was the proposed Sun- set Hills Subdivision located between Melvin Avenue and Middlebelt Road approximately 300 feet South of Clarita Avenue in the East 1/2 of section 11. Messrs. V. B. Spalding, Ernest Citron, Attorney, 16851 James Couzens Highway, Detroit and Bernard H artman were present. Mr. Spalding stated all lots face Melvin and Middlebelt Roads Mr. Steinhoff questioned Lots 195 and 196. Mr. Walker asked set back of homes compared to existing set back. Mr. Hartman stated that there are 21 homes between Six and Seven Mile Roads on the West side of Middlebelt Road. Some of these homes appear to be 24' from the pavement and some appear to be up to 120' from the pavement. Mr. Walker asked whether home on Lots 1, 195 and 196 would be such as to appear to front on both sides. Mr. Spalding stated that that was agreed if homes faced on Curtis Road but that there was no objection if homes faced Middlebelt Road. Mr. Fred Butler, 18115 Middlebelt Road asked set back on Middlebelt Road. Stated he had a set back of 135 feet. Mr. John Hird, Attorney, 932 Dime building, Detroit representing Peter Hird, 402 0.3 29775 C1 uitc , asked what isror ose: by builder is to Dell_ Oi cek, :i_ old- stated theyfrojos_ to -1-,i1-)e it where it crosses their _ rol=ty and reroute it over to IIiddlebolt hird sI:c.ord it this had been , _. :.., ._ ,_ � v the C. lt,'. Enndneor. .i' '.'alQ_ _: s.,"+ _? it had not as ro ineeY'- in" .. _ aboon. done '1t thls time. .a I• v r._ _. .J c{.. l _._,J:..._`- , '' / ^ .i _'li^_ .._.. c ia+i._...L LI:: _ J,.:C: is lo e a t.{::rl. 14j? r�... li ,,,. ••, . ._:'. ', o:� t ashod i s''=t back of 't'Oy s .,. subdivision. r. S i .l sated,_ a _t '. _ene his not been any detailed i2aan ing done s.s to the e::nc t: set bac-: but that it will ooform as : u.ch as _ . _blc to stin , cot back. Stated 12' easement may affect set bac. Mr. Robinson asked Mr. Spalding whether he would go on record that his set back on Lots 10 through 19 will be as far back as the Building Department will allow. Mr. Steinhoff stated 12' easement will reduce width as to set back. It was agreed by Commission and Mr. Spalding that Lots 1 and 2 should be combined to allow room for adequate setback to conform with existing homes. Mr. Walker stated that inasmuch as Lots 1 and 2 have been combined perhaps Lot 19 will be made wider. Mr. John Hird stated he is representing six interested property owners that own property in area. Stated proposed subdivision is entirely surrounded except for one exception, by unplatted land. If this proposed subdivision is approved, then there will be no objection to any subdivision in the future. Submitted pictures of water situation on Clarita (pictures re- turned to Mr. Hird) . Mr. Robinson stated proposed subdivision will add nothing to drainage in area. Mr. Hird stated adjoining property owners feel that jogging Pickford is a safety hazard. Mr. Citron stated Commission recently approved rezoning of this area from RUFA and RUFB to R-1-A (Petition No. Z-167) . Upon a motion duly made by Mr. Miller, seconded by Mr. Steinhoff and un- animously carried, it was #9-331-56 RESOLVED that, pursuant to a Public Hearing having been held on August 14, 1956, the City Planning Commission does hereby give approval to preliminary plat of Sunset Hills Subdivision located between Melvin Avenue and Middlebelt Road approximately 300 feet South of Clarita Avenue in the East 1/2 of Section 11 subject to: (1) Lots 10 through 19 to have a conforming set back to the existing homes West of Curtis Road, (2) Lots 1 and 2 to be combined into one lot and (3) LaMar Lane to be curved to the North between Fremont Street and Middlebelt Road to eliminate three homes facing on LaMar Lane and Lot 194 will include what was pre- viously Lots 194 and 195, Lots 195 and 196 to include what was 196 and portion of 197 and Lots 197 and 198 to include what was previously a portion of 197 and Lot 198 and Lots 199 through 210 be increased or decreased to allow Lots 197 to be 65' frontage and Lot 198 to be 60' frontage, and 4'-,t) 1457 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 Department, Parks and Recreation Department, Police Department and Members of the Plat Committee. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Petition No. Z-179 by Arthur A. Rosner, Mgr. , Harold Sarko Management Company, re- questing 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. Messrs. Arthur A. Rosner, Walter Abraham, 29127 Five Mile Road and Carl A. Goers, 22720 Brookdale, Farmington were present. The secretary read recommendation dated July 24, 1956, by Albe Munson, Planning Consultant. Upon a motion duly made by Mr. Miller, seconded by Mr. Steinhoff and unanimously carried, it was #9-332-56 RESOLVED that, City Planning Commission hear Item No. 5 as shown on the agenda prior to Item No. 4 as shown on the agenda to eliminate the possibility of a spot zoning. 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. Messrs. Carl A. Goers, Walter Abraham, 29127 Five Mile Road and Arthur A. Rosner were present. Mr. Goers stated some of the lots listed in petition are already zoned C-2. Mr. Miller stated he visited area and noticed three new stores. Re- ferring to Zoning Map in his opinion there is room for the gas station only. Mr. Goers stated this is one of the older subdivisions in the City of Livonia and it was platted with 20' lots on Middlebelt Road. A four lane highway is not suitable for anything else but business. No one was present objecting to petition as presented. Mr. Abraham stated all the property owners in area think their land is zoned for business and it is not. Upon a motion duly made by Mr. Kane, seconded by Mr. Greene and un- animously carried, it was tmCi #9-333-56 RESOLVED that, pursuant to a Public Hearing having been held on August 7, 1956, on Petition No. Z-183 as submitted by Ada D. and Carl A. Goers, et al for a change of zoning from R-2 to C-2 in the Northwest 1/4 of Section 24 the City Planning Commission does hereby recommend to the City Council that Petition No. Z-183 be granted since it conforms to the pro- perty along Middlebelt and Five Mile Roads and property as it was originally platted, 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 petitioners as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. No one was present objecting to Petition No. Z-179 as submitted 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. Mr. Kane asked if this petition is approved by the City Planning Commission is it also approving the gas station. Mr. Robinson stated it is not. Upon a motion duly made by Mr. Kane, seconded by Mr. Steinhoff and unanimously carried, it was #9-334-56 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-179 as submitted by Arthur A. Rosner, Mgr. Harold Sarko Management Company for a change of zoning in the Northwest 1/4 of Section 24, from R-2 to C-1 the City Planning Commission does hereby recommend to the City Council that Petition No. Zr179 be granted since it conforms to the property along Middlebelt and Five Mile Roads and property as it was originally platted, 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. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Petition M-23 by Earl F. Jacox requesting permission to erect a gasoline service station on portion of Parcel 30G located on the Northeast corner of Plymouth and Eckles Roadsrinathe Southwest 1/4 of Section 30. Messrs. Earl F. Jacox an eon 405 1459 Mr. Jacox presented plan of proposed station. Mr. Miller stated gas station differs from ones that are usually sub- mitted to Commission. Mr. Jacox stated they do not intend to have any repair work at the present time. Mr. Greene asked where repair work space would be if added at a later date. Mr. Jacox stated there is ample room on the side. No one was present objecting to petition as presented. Mr. Robinson asked location of nearest gas station. Mr. Steinhoff stated that there is one on the other corner in Plymouth Township. Upon a motion duly made by Mr. Kane, seconded by Mr. Walker and un- animously carried, it was #9-335-56 RESOLVED that, pursuant to a Public Hearing having been held September 11, 1956, the City Planning Commission does hereby grant Petition M-23 by Earl F. Jacox re- questing permission to erect a gasoline service station on portion of Parcel 30G located on the Northeast corner of Plymouth and Eckles Roads in the Southwest 1/4 of Section 30 because it conforms to area and since pro- pose use is necessary at this location, 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 The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Steinhoff, seconded by Mr. Miller and unanimously carried, it was #9-336-56 RESOLVED that, 72nd Regular Meeting of the City Planning Commission be adjourned. The Chairman declared the foregoing resolution adopted and called the Public Hearing to order. The secretary read letter dated August 9, 1956, from James H. Salle, Engineer requesting approval of proposed Rainbow Park Subdivision lo- cated on the North side of Joy Road between Stonehouse Avenue and Newburg Road in the Southeast 1/4 of Section 31. The secretary also read letters dated September 13, 1956 from Donald Wilson, Chief Inspector and dated September 13, 1956 from Calvin Roberts, Chief Livonia Fire Department. Mr. Ira J. Spoon was present. Mr. Spoon stated he had no objection to the installation of additional water hydrants as suggested by the Fire Department. Assured Commission that there is adequate water as it was checked by their engineer before purchase of land. Have conferred with F.H.A. and believe it is their requirement that Stonehouse be paved. Stated he did not own both sides of Stonehouse and that therefore wondered if it would be possible to pave 1/2 of Stonehouse and that the cost of the other half be assessed to property owners. 406 Cmint Mr. Robinson recommended thatpetitioner acquire additional property so that Stonehouse can be completed through to Minton. Mr. Spoon stated if possible to acquire property they will make every effort to do so. Mr. Steinhoff, Member of the Plat Committee questioned narrow strip on the North side of Westfield at the intersection of Morley and Westfield. Mr. Spoon stated strip is an easement for access to the adjoining property. Mr. Steinhoff stated there is no longer a school site at this location. Mr. Robinson suggested Morlock be continued through rather than provide narrow strip as shown. Mr. Steinhoff asked where petitioner proposed to drain storm water. Mr. Spoon stated they will tap into drain which is just South of property and go into Nankin Township. Mr. Steinhoff asked whether petitioner feels he has sufficient easement to provide for utility purposes. Mr. Spoon stated in their opinion they do. Mr. Steinhoff stated in his opinion easement should be 12' . Mr. Spoon agreed to increase easement. Mr. Steinhoff suggested some of the vacant land South of Northfield be acquired to conform with vacant land North of Westfield. Mr. Spoon stated that the time land was acquired the property owners did not wish to sell anymore. Did not feel their feelings have changed since purchase of property. Mr. Steinhoff stated there are lots siding and fronting on Newburg Road. Also there is an existing house which has a set back that is different to what is proposed in subdivision. Thought there should be some conformity. Mr. Spoon stated he is willing to make any concessions that are reasonable; however, they do have a problem of having only 45 acres which had to be worked around existing homes. Wanted subdivision to be economically feasible program. Conforming with existing homes would mean losing a number of lots on Newburg Road and perhaps affecting some of the lots in the interior of the subdivision. Mr. Steinhoff asked where they intended to tie into the sanitary sewer. Mr. Spoon stated a sanitary sewer is available 500' east of Newburg Road in the Schulgren Subdivision. Mr. Robinson asked what test could be made to ascertain the adequacy and reliability of water. Lieutenant Perry stated that they would accept test made by the National Board of Fire Underwriters. Stated domestic demand on water service is very, very great. In that area from flow tests made the flow isn't anywhere near what it should be. Mr. Spoon asked whether that wasn't more or less determined by the copper connection from the water main to the house. Mr. Robinson stated Lieutenant Perry is referring to the Hydrant as to the amount of water that would be available regardless of the pressure. Councilman Peter A. Ventura stated that the City Council voted to assist in the connection of the 12" main to the edge of proposed Schulgren Subdivision. 407 1461 Stated that should alleviate the water situation in the area. Mr. Walker suggested plat be revised fronting houses on Newburg Road keeping in mind Lots 175 to 189 being only 120' and that there should be uniformity with existing houses set back. Mr. Spoon stated if Mr. Walker' s suggestion is feasible they will be happy to do it. Mr. Greene suggested Mr. Spoon also check lot sizes and size of homes on the East side of Newburg Road. Upon a motion duly made by Mr. Walker, seconded by Mr. Miller and un- animously carried, it was #9-337-56 RESOLVED that, proposed Rainbow Park Subdivision located on the North side of Joy Road between Stonehouse Avenue and Newburg Road in the Southeast 1/4 of Section 31 be tabled until October 9, 1956, in order to give petitioner further opportunity to furnish Commission with revised plat showing (1) All homes on Newburg Road to front Newbrug Road, (2) Possible acquisition of additional property so that Stonehouse Avenue may be continued through to Minton Avenue, and (3) Study neighborhood land use on the East side of Newburg Road in how it will affect proposed subdivision. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Petition M-25 by Michael J. Caffery requesting permission to build a gasoline service station on Lots 119 and 120, Brightmoor Home Acres Subdivision located on the Northwest corner of Brookfield Avenue and Five Mile Road in the Southwest 1/4 of Section 15. The secretary read letter dated September 12, 1956 from Calvin Roberts, Chief Livonia Fire Department; dated September 18, 1956, from Charles 0. Crain, Harmon & Crain, Attorney and petition by residents objecting to proposed use. Mr. Michael J. Caffery was present. Mr. Caffery stated it is understood that they will comply with all de- partment requirements. Mrs. Lena Krug, 32744 Five Mile Road (owner of Lot 120) stated she was not aware that lot was zoned business until after she signed contract. Mrs. Myra Spindura, 15317 Brookfield stated proposed station will take in her side drive and back yard. People who signed petition feel that seven gas stations in immediate area are more than what Livonia needs. Residents are not objecting to business but to type of use. Mr. Caffery stated Gulf Refining Company will discontinue gas station on Farmington and Five Mile Roads Mr. Ernest Smith, 15316 Brookfield agreed that there are enough stations in area. A®8 Cault Mr. Herb Johnson, 15326 Brookfield stated as soon as station is erected the surrounding property values will depreciate and the insurance rates will be increased. Mr. Tony Snycerski, 15460 Brookfield stated gas stations should be located on main or half-mile highways and not on a secondary road. Stated Brookfield is a dead-end street on both ends. Mr. John Keith, 15316 Brookfield stated Brookfield is only three blocks long and a gas station on the corner will create nothing but noise and traffic conjestion. Mrs. Myra Spindura stated she has heard that this gentleman operates and repairs hot rods. Mrs. Leona LaBar, 15315 Shadyside stated all one has to do is look at the existing station to see all the confusion and conjestion. Mr. Raymond Melow stated he is one of the sellers. Mr. Greene questioned why Gulf Refining is moving from Farmington and Five Mile Roads to a little side street. Mr. Caffery stated that the Gulf people had notification from City to improve station if at all possible. Mr. Walker stated he notices that there is a 301 ingress on Brookfield; Mr. Caffery stated the plan is subject to approval by the Wayne County Road Commissioners. Mr. Walker stated in his opinion petitioner could find another location for proposed station better for himself and for the City of Livonia. Informed petitioner that Commission is trying to regulate gas stations for the benefit of the City and managers. Proposed station will be on a residential street which is a bad location. Mr. Caffery stated engineers who deal with gas stations recommend this particular location. It is zoned correctly and the character of the neighborhood is business. Upon a motion duly made by Mr. Walker, seconded by Mr. Miller and unani- mously carried, it was #9-338-56 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby deny Petition M-25 by Michael J. Caffery requesting permission to build a gasoline service station on Lots 119 and 120, Brightmoor Home Acres Subdivision located on the Northwest corner of Brookfield and Five Mile Roads in the Southwest 1/4 of Section 15, and FURTHER RESOVED, notice of the above hearing was sent to the property owners within 500 feet, petitioner and City Departments, as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. X33 Lieutenant Bob Perry was excused from meeting at approximately 12:15 a.m. The secretary announced that the next item on the agenda was Application TA-15 by Carl Schram requesting permission to remove topsoil from Parcel 28F4H located between C & 0 Railway and Schoolcraft Road approximately 2,500 feet West of Stark Road in the Northwest 1/4 of Section 28. The secretary read letters dated September 17, 1956 from William G. Sharpe, Supt. of Public Works. Mr. Carl Schram was present. Mr. Robinson asked whether petitioner wished to amend his petition to read sand rather than topsoil. Mr. Schram stated he did. Upon a motion duly made by Mr. Miller, seconded by Mr. Walker and un- animously carried, it was #9-339-56 RESOLVED that, City Planning Commission accept verbal amendment by Carl Schram to amend Application TA-15 requesting permission to remove topsoil from Parcel 28F4H located between C & 0 Railway and Schoolcraft Road approximately 2,500 feet West of Stark Road in the Northwest 1/4 of Section 28 to read removal of sand rather than topsoil. The Chairman declared the foregoing resolution adopted. Mr. Schram stated that the parcel of land directly West appears to have had sand removed and that their parcel is 9$ to 10' above theirs. There is a road along the East side of parcel which is 9' above parcel. The removal of the high spots alone will not devaluate the parcel. Mr. Robinson stated that the last time this was presented to Commission the petitioner agreed to fill in the low spot with mineral clay. Mr. Schram stated if mineral clay is available in the immediate area, he will fill in. To have to bring mineral clay in will be a great expense. Mr. Robinson stated he is changing his mind about sand situation. Appreciate its value but will never let hill be removed and low area remain. Mr. Schram stated the low area is still high compared to parcels on each side. Mr. Greene stated that adjoining land is not the yard stick City uses. Mr. Schram stated he could not make any promises as to whether or not he could get clay. Mr. Miller stated he visited site and that there may or may not be a low area. Commission has had numerous petitions for removal of sand. Mr. Robinson asked length of property. Mr. Schram stated property extends 1/2 mile deep . Mr. Robinson asked how parcel compares to Stark Road. Mr. Schram stated he could not say. Mr. Walker stated parcel might be higher than Stark Road. 4t0 No one was present objecting to application as presented. Mr. Greene stated Commission has to follow along with letter from Department z' of Public Works. Mr. Schram stated that the Schoolcraft area is not low. Mr. Robinson suggested area be filled in for 2' . Mr. Walker stated it would be up to the City Engineer to approve the re- lease of performance bond. Mr. Schram stated that the area he intends to remove is way above grade. Even if he did take off the other area is low but higher than the land that runs on either side of parcels. Mr. Robinson stated that the back portion is above Stark Road and the petitioner wouldn' t need to be concerned about that. Petitioner would have to convince the City Engineer about other to get release of bond. Mr. Miller stated that it is also possible that the person removing sand will take so much off that it will make the situation worst. Upon a motion duly made by Mr. Greene, seconded by Mr. Walker and unanimously carried, it was #9-340-56 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby grant Application TA-15 by Carl Schram requesting permission to remove sand from Parcel 28F4H located between C & 0 Railway and Schoolcraft Road approximately 2,500 feet West of Stark Road in the North- west 1/4 of Section 28 provided that when petitioner is finished removing sand the total area (low spots and area that is being removed) will not be below grade, 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 Biblic Works under date of September 17, 1956. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Miller, seconded by Mr. Steinhoff and unanimously carried, it was #9-341-56 RESOLVED that, a performance bond be fixed on Application TA-15 by Carl Schram requesting removal of sand in the Northwest 1/4 of Section 28 at $20,000 and it is recommended to the Bureau of Inspection that a permit to this effect be issued. The Chair declared the foregoing resolution adopted. 411 1465 The secretary announced that the next item on the agenda was Petition No. V-15 by Mrs. Dorothy Hewett, et al requesting that the 18 foot alley located West of Lots 220 through 234, inclusive and East of Lots 279 through 284, inclusive, E. G. Settle Realty Company' s Bonaparte Gardens Subdivision located between Louise and Beatrice Streets, from Dover to vacated Cathedral Street in the Southeast 1/4 of Section 35 be vacated. The secretary read letters dated July 31, 1956 from Marie W. Clark, City Clerk; dated September 13, 1956 from W. R. McCary, City Engineer and Dave Meinzinger, Director of Public Works and dated September 13, 1956 from Jack E. Menig, Special Agent, Real Estate and Rights of Way, The Detroit Edison Company. The petitioner nor a representative was present. It was established that the petitioner was present earlier in the evening but had to leave. Mr. Edson, Attorney, Michigan Bell Telephone Company stated that they are interested in the easement being retained for full width of alley. No one was present objecting to petition as presented. Mr. Kane asked need for full width. Mr. Edson stated that when their equipment was installed it was installed on the edge of the alley rather than the center of the alley and that in order not to entail the expense of moving equipment an easement for the full width would have to be re- tained. Upon a motion duly made by Mr. Kane, seconded by Mr. Steinhoff and un- animously carried, it was #9-342-56 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. V-15 as submitted by Mrs. Dorothy Hewett, et al for the vacating of the 18-foot alley in the Southeast 1/4 of Section 35 the City Planning Commission does hereby recommend to the City Council that Petition No. V-15 be granted subject to an easement for the full width being retained for public utilities and surface drainage as recommended by the Department of Engineering, The Detroit Edison Company and the Michigan Bell Telephone Company, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of August 23, 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. The Chairman declared the foregoing resolution adopted. The secretary read letter dated August 7, 1956 from earl F. Dodge, Engineer of Design, Water and Sewers, Board of Wayne County Road Commissioners regarding West Chicago Road Reservoir planting plan. 41 2 The secretary read Appeal Case No. 194 by Harry Slatkin Builders, Inc. regarding hearing September 27, 1956, regarding Country Homes Subdivision No. 4. The Chairman informed Commissioners that there is not enough funds in budget to purchase brief cases. On a motion duly made, seconded and unanimously adopted the Public Hearing was duly adjourned at approximately 1:01 a.m. , September 19, 1956. 4d-444,,,>4f -27/t_2;‹. Robert L. Mille , Secretary � ATTESTED: William R. Robinson, Chairman IF lea le Steinhoff, Vice-C. ' man pro tem