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HomeMy WebLinkAboutPLANNING MINUTES 1956-11-20 4t7 MINUTES OF A PUBLIC HEARING AND THE 74TH REGULAR MEETING OF THE CITY PLANNING COMMISSION On November 20, 1956 the above meeting was held by the City Planning Commission of the City of Livonia at the City Hall, 33001 Five Mile Road, Livonia, Michigan. Chairman William R. Robinson ca3led the Public Hearing to order at approximately 8:11 p.m. Robert L. Greene presided as Secretary pro tem in the absence of Robert L. Miller. Members present: Karle Steinhoff Charles Walker William R. Robinson Leonard Kane *H. Paul Harsha Robert L. Greene Members absent: Fred A. Lotz Robert L. Miller Lieutenant Bob Perry, Livonia Fire Department 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-192 as initiated by the City Council on its own motion on the question whether or not Sections 8.02, 8.04, 9.02, and 9.04, Zoning Ordinance, No. 60 should be amended. The secretary read proposed Sections 8.02, 8.04 (a), 9.02 and 9.04 (a). Messrs. Charles Pinto, Asst. City Attorney and WilliamPonder, City Attorney arrived at approximately 8:15 p.m. The secretary also read letters dated November 19, 1956 from Dors ld L. Bach- man, Secretary, The Federation of Livonia Civic Associations; dated November 19 1956 from W. S. Caunt, Secretary, The Country Homes Association; dated November 16, 1956 from Mrs. Alice M. Kaestner, Secretary, Schoolcraft Manor Civic Association; dated October 26, 1956 from Calvin Roberts, Chief, Livonia Fire Department and dated November Ij 1956 from the President of Bel Aire Woods, Bonoparte Gardens, Devonshire Park and Grandon Woods, Council of Civic Associations, Section 35. Mr. George Gannage, 29200 Elmira, President, of the Clements Circle Association stated his association objects to petition as presented. Mrs. Lewis Adkins, 36721 Seven Mile Road stated that if proposed petition is granted, it will make 3a nd so expensive that subdividers will not want to come into Livonia and subdivide. Stated she has a farm. Mr. Milton Holley, 14821 Farmington Road stated farms have bean sold. Residents in the central area have definitely taken a stand on 1/2 acre lots. Referred to fact that they have been carrying their obligation insofar as fire hydrants are concerned - sewers were set up on the present zoning. Project was nothing but a job put in for city hall and Livonia Gardens relief. Felt residents are entitled to a public hearing before parcels are subdivided into smaller lots. This was the intent prior to the present administration. Mr. Arthur Fisher, 30408 Hoy stated it will cost individual residents $300 to tap into sewer whereas it will cost builder $150. Individual owners will 452 have to pay $700 to $800 to install sewer. To the greatest extent two sections in the City are effected by this proposed change - Sections 14 and 23. One of the main reason for requesting change in ordinance is to prig a loophole Previously it was required that one had to obtain change of zoning before he could submit proposed subdivision plat. Under present administration rule is that a builder only has to present proposed plat and does not have to have a change of zoning. This allows builders to come into RUF area and plat 60' lots even 800 square foot houses without changing zoning. In Section 19 sixteen hundred homes have been proposed. All residents are asking for is a just chance to protect their property. Mr. Joseph Milko, 30921 Wentworth stated proposed ordinance was drawn up by City Attorney at which tine it was presented to the City Council, passed and then referred to City Planning Commission for public hearing. The City Council asked that it be drawn up to stop spot zoning. Upon a motion duly made by Mr. Harsha and seconded by Mr. Walker, it was #11-378-56 RESOLVED that, a rule of order be established limiting residents to five minutes speaking time on the floor. A roll call vote on the foregoing resolution resulted in the following: AYES: Steinhoff, Walker, Kane, Harsha and Greene NAYS: Robinson Mr. Milko discussed $125 tap-in charge and that two million eight hundred twenty-five dollars is all that can be obtained from this charge. Proposed ordinance does not stop subdividers - all residents are asking for is a public hearing. Mr. Donald Bachman, 18001 Lathers stated all proposed ordinance changes is to guarantee residents a hearing. At the last meeting of the Federation there were ten associations represented and all were in favor of resolution. Mr. Walker stated changing the ordinance will mean that Commission will have twice the amount of work as it does now. Mr. Pinto explained to those present basis of what is proposed by Petition No. Z-192. Mr. Walter Phipps, 14931 Farmington Road stated a half acre could be anything in width and depth. Mr. Pinto stated that that is provided for in Section 8.04 (Lot Area). Mr. Steve Polgor, 9911 Clements Circle, East stated that it is his understand- ing that present bond will be paid on a tap-in basis. Asked length of bond. Mr. Pinto stated he was not sure but that most bonds are for 30 years. If land is not developed an anticipated, and they do not receive revenue by the tap-in and individual development, bond will have to be paid on an assessment basis. Mr. Milko stated up to now approximately 2,200 parcels have been approved by this Commission in the central area - more than enough to pay bonds. ;` 41)3 Upon a motion duly made by Mr. Walker and seconded by Mr. Steinhoff, it was #11-379-56 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-192 as initiated by the City Council on its own motion on the question whether or not Sections 8.02, 8.04 9.02 and 9.04, Zoning Ordinance, No. 60 should be amended the City Planning Commission does hereby recommmend to the City Council that Petition No. Z-192 be granted because the changes on amendments are more clearly spelled out for the benefit of the citizens of Livonia and the City Planning Commission, the amendments will once and for all disqualify any dispute of lot size in RUF area and conforms to requests of this Commission for a more enforceable Zoning Ordinance, and FURTHER RESOLVED, notice of the above hearing waspublished in the official newspaper, The Livonian under date of October 25, 1956 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Tele- phone Company, The Consumers Power Company, and City Departments as listed in the Proof of Services A roll call vote on the foregoing resolution resulted in the following: AYES: Steinhoff, Walker, Kane, Harsha and Greene NAYS: Robinson Mr.William Ponder left the meeting at approximately 8:57 p.m. I[: The secretary announced that the next item on the agenda was Petition No. Z-191 by Harold and Jean Thomas and Stanley E. and Gladys Hayes requesting that the zoning classification of Parcels 23A2b and 23A2a locared at 14925 Middlebelt Road and 15205 Middlebelt Road and situated on the West side of Middlebelt Road approximately 325 feet South of Five Mile Road in the North- east 1/4 of Section 23 be changed from RUFB to C-2. The secretary read letter dated October 26, 1956 from Calvin Roberts, Chief, Livonia Fire Department Messrs. Thomas and Hayes were present. Mr. Thomas stated parcels were originally zoned business and were changed to RUF at the time Zoning Ordinance No. 60 was adopted. Business is presently being operated on parcels. Mr. Walker stated according to Zoning Map there is 610/ of C-2 property. Either the map or the description of 325/ South of Five Mile Road is incorrect. Mr. Greene stated Mr. Munson also mentions in his recommendation dated November 7, 1956 that the description is incorrect. Mr. Thomas requested that his petition be amended to read that any part of Parcels 23A2b and 23A2a which are not already zoned C-2 be changed to C-2. Upon a motion duly made by Mr. Steinhoff, seconded by Mr. Walker and unanimously carried, it was 454 #11-380-56 RESOLVED that, City Planning Commission grant verbal request by Mr. Harold Thomas to amend Petition No. Z-191 requesting change of zoning in the Northeast 1/4 of Section 23 from RUFB to C-2 to read that any portion of Parcels 23A2a and 23A2b which are not presently zoned C-2 be changed from RUFB to C-2 The Chairman declared the foregoing resolution adopted. Mr. Kane asked if parcels in question are 3751 deep (from Middlebelt Road West) and whether petitioner intends that the total depth be changed to C-2. Mr. Thomas stated that that is his intent. Mr. Fisher stated two separate questions are involved. Both petitioner's are presently operating under non-conforming certificates. Hayes Sand and Gravel is repairing and maintaining trucks in the building on the property. Wondered whether they are applying for proper zoning change. Also there is the question of the factory. Mr. Thomas stated factory is presently located in C-2 District. Mr. Fisher asked whether truck maintenance is permitted in a C-2 District. Mr. Pinto stated he was not familiar with operation. Mr. Robinson stated he believed it would come under C-2 District. Mr. Fisher stated if petition is granted Commission is granting it without clearing situation. Mr. Robinson stated Commission is just granting use under C-2. If operation is not legal -- Commission is not granting them permission. Mr. Fisher stated any further development towards the back, that a greenbelt be established so that residents in adjoining subdivision will be protected. Mr. Robinson read Section 11.02 (j), Zoning Ordinance, No. 60. Upon a motion duly made by Mr. Kane, seconded by Mr. Harsha and unanimously carried, it was #11-381-56 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-191 as submitted by Harold and Jean Thomas and Stanley E. and Gladys Hayes for a change of zoning in the Northeast 1/4 of Section 23 from RUFB to C-2 the City Planning Commission does hereby recommend to the City Council that Petition No. Z-191, as amended by Resolution No. 11-380-56 be granted inasmuch as it con- forms to surrounding area, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of October 25, 1956 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone company, The Consumers "JI Power Company, City Departments and petitioners as listed in the Proof of Service. �aJe.1� The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Application TA20 by John Ambrose, Attorney for John J. Seefelt and Harry Dachille requesting permission to remove topsoil from P arcel 21I located on the Northwest corner of Lyndon and Farmington Roads in the Northeast 1/4 of Section 21. The secretary read letters dated November 14, 1956 from Dallas F. Hay, Police Commissioner, Livonia Police Department and dated November 7, 1956 from William Sharpe, Supt. of Public Works and petition dated November 17, 1956 signed by approximately 19 residents opposed to application. Mr. Ambrose was present. Mr. Ambrose stated they do not wish to remove topsoil but sand and that application should be corrected accordingly. Sand will be used for Kroger Construction as they do not have enough in the immediate area. Petitioner willleave land in the elevation required by ordinance and is ready to post a bond. Have never left holes in past operations and will not start now. Mr. Milton Holley, 14821 Farmington Road asked name of owner of parcel in question. Mr. Ambrose stated Joseph Rich is given as owner of land. Mr. Joseph Rich was present. Mr. Holley stated elevation of land has not changed since one year ago as far as property is concerned. The present line is taken from a survey - first house - 665.4 and it goes up to better than 670.0. All the property is on a ridge. Asked what petitioner intends to do when they reach property line as the ridge is at the back of the property. Asked whether they intended to leave a bank. Elevation is below Farmington Road. Sand that was taken out of the road was taken out by the City. Mr. Ambrose stated clients have never been before Commission before. Mr. Holley stated all petitioners will do is dig a hole around residents. Mr. Walker, Chairman of the Topsoil Committee stated on the survey it shows the property from Farmington Road to cemetery. There is one existing house that will be surrounded on three sides by the removal. Visited site and on the portion facing Farmington Road it is approximately 12" low and it is also low near the cemetery. There island to be removed in the center of the parcel. There is more nand to be removed due to the fact D.P.W. lowered road 20". Survey was brought up-to-date October 1, 1956. Concerned with the fact that the sand is very light and is a nuisance in that it blows. Did not think Commission has an argument with removing sand but there is the question of what effect will be left after removal. If a subdivision could be platted in a reasonable time so that Commission would have assurance that blowing sand will not be left for too long a time. Mr. Greene asked Topsoil Committee's recommendation regarding surrounding residents being left high and dry. Mr. Walker stated that that is not quite true. Think it could be worked out on the high portion of the ridge in that it could be graded on a slope rather than a bank. Mr. Ambrose suggested that Commission grant petition subject to petitioner staying 20' to 25' from the outside area that is under discussion. Also that when operation is completed, the land will be in a condition as ruled by `. 56 the D.P.W. There will be a slope by the high hill from his house to the removal. '� Mr. Holley stated if they intend to build in area they will need sand to fill in low areas. Mrs. Lawrence Coopersmith, 33470 Lyndon stated petitioner's have no intent of building - just want to remove sand. Mr. Rich stated he intends to plat land ,lust as soon as mortgage money is availab . Mr. Greene stated that until builder is to build in area in the immediate future and situation could be remedied, a problem situation should not be created. Upon a motion duly made by Mr. Greene and seconded by Mr. Kane, it was #11-382-56 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby deny Application TA 20 by John Ambrose, Attorney for John J. Seefelt and Harry Dachille requesting permission to remove sand from Parcel 211 located on the Northwest corner of Lyndon and Farmington Roads in the Northeast 1/4 of Section 21 with the understanding that when residential construction is started Commission may take another viewpoint, 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 November 7, 1956 and from the Police Department under date of November 14, 1956. A roll call vote on the foregoing resolution resulted in the following: AYES: Steinhoff, Walker, Kane, Robinson and Greene NAYS: Harsha The Chairman called a recess at approximately 9:40 p.m. The Chairman called the Public Hearing to order at approximately 9:53 p.m. with all present as named at the beginning and course of meeting except *Mr. H. Paul Harsha who was excused. The secretary announced that the next item on the agenda was Petition M-29 by Samuel A. Miller requesting permission to construct a Howard Johnson Restaurant and a 50 unit Motel and parking facilities on Parcel 32S2a located on the Southeast corner of Ann Arbor Road and Plymouth Road in the Northwest 1/4 of Section 32. The secretary read letter dated November 16, 1956 from Calvin Roberts, Chief Livonia Fire Department. The secretary stated written approval has been filed by 60% of the property owners within 500 feet 1J11 457 as required by Section 11.02 (k), Zoning Ordinance, No. 60. Messrs. Miller and Joseph Beck, Attorney, 3625 Cadillac Tower, Detroit were present. Mr. Miller presented colored sketch of proposed restaurant and motel and stated one exit as shown on sketch would be eliminated. Mr. Walker asked size of parcel. Mr. Miller stated approximately 4i acres. A fire hydrant is presently located at the end of the property. Lieutenant Perry stated that the Fire Department's recommendation still stands. Mr. Miller stated he did not know how they would put in another fire hydrant. If there was water on Plymouth Road did not think it would be a burden. Lieutenant Perry stated the fire Department is attempting to get hydrants on South side of Plymouth Road. Mr. Miller stated he did not object if the facilities are there to add fire hydrant, but the burden of carrying line across and over to property to take care of property that has already been there and put fire hydrant in, could not say. Placing a burden on petitioner. Mr. Robinson asked Lieutenant Perry whether existing fire hydrant would be sufficient to fight fire. Lieutenant Perry stated he did not think so. Mr. Miller stated he would not object if hydrant could be located by the motel. Nr. Beck asked whether that wouldn't be a municipal improvement rather than a- private improvement. No one was present objecting to petition as presented. Upon a motion duly made by Mr. Greene, seconded by Mr. Steinhoff and unanimously carried, it was #11-383-56 RESOLVED that, because use is desirable to the City of Livonia and conforms to rules and regulations and pursuant to a Public Hearing having been held, the City Planning Commission does hereby grant Petition M-29 as submitted by Samuel A. Miller requesting permission to construct a Howard Johnson Restaurant and a 50 unit motel and parking facilities on Parcel 32S2a located on the Southeast corner of Ann Arbor Road and Plymouth Road in the Northwest 1/4 of Section 32 subject to one additional fire hydrant to be installed on the Northeast corner of parcel, and FURTHER RESOLVED, notice of the above hearing was sent to The property owners within 500 feet, petitioner and City Depart- ments as listed in the Proof of Service and notice of which hearing was published in the official newspaper, The Livonian under date of November 8, 1956 and there is filed the written approval of 60% of the property owners within 500 feet as required by Section 11.02 (k), Zoning Ordinance, No. 60. The Chairman declared the foregoing resolution adopted. 45 The secretary announced that the next item on the agenda was Petition No. Z-190 by Jack Pearlman requesting that the zoning classification of Parcels 1144 and 11A3 located on the South side of Seven Mile Road approximately 175 feet West of Middlebelt Road in the Northeast 1/4 of Section 11 be changed from C-2 and r, RUFB to C-2 and P-1. The secretary read letters dated October 26, 1956 from Calvin Roberts, Chief Livonia Fire Department. Messrs. Jack Pearlman and Manuel Zechman, Attorney, 3302 Cadillac Tower, Detroit were present. Mr. Robinson informed petitioner that there is a fire station site designated on parcels in question. Mr. Greene read recommendation dated November 7, 1956 from Albe Munson, Plan- ning Consultant. Mr. Robinson asked Mr. Pinto Commission's legal position in rezoning parcel inasmuch as there is a fire station site designated on parcel. Mr. Pinto stated that tie fire station site is going to stay there. Until site is condemned, petitioner can use the land. Could be used for parking. No one was present objecting to petition. Upon a motion duly made by Mr. Greene and seconded by Mr. Steinhoff, it was #11-384-56 RESOLVED that, because petition conforms to area and is a desirable addition to the neighborhood and pursuant to a Public Hearing having been held on Petition No. Z-190 as submitted by Jack Pearlman for a change of zoning in the Northeast 1/4 of Section 11 from C-2 and RUFB to C-2 and P-1 the City Planning Commission does hereby recommend to the City Council that Petition No. Z-190 be granted subject to petitioner understanding that part of parcel in question is designated for fire station site and that any use of property be used with this in mind, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of October 25, 1956 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company Michigan ell Telephone Company, The Consumer Power Company, City Departments and petitioner as listed in the Proof of Service. Mr. Kane stated according to Ordinance petitioner is required to have a certain amount of parking and if area is later taken for proposed fire station there will not be enough as required by Ordinance. Mr. Greene stated petitioner shouldn't consider f re station site as useable parking space and that building should be sized accordingly. Mr. Zechman stated that the Building Department would not issue a permit if the building was of such dimension that there will not be enough parking space. The building would have to be regulated to accommodate what would be left after fire station site is excluded. Ati) A roll call vote on Resolution No. 11-384-56 resulted in the following: AYES: Steinhoff, Walker, Kane, Robinson and Greene NAYS: None The secretary announced that the next item on the agenda was Petition No. Z-193 by Joseph H. Friedman, Co-Partner, Trojan Building Company requesting that the zoning classification of the West 675' of Lot 248, Supervisor's Livonia Plat, No. 3 located on the North side of Broadmoor Avenue between Harrison Avenue and Alexander Street in the Southwest 1/4 of Section 13 be changed from RUFBto R-1 B. The secretary read letter dated October 26, 1956 from Calvin Roberts, Chief Livonia Fire Department. Messrs. Jack Garber and Joseph H. Friedman, Trojan Building Company were present. Mr. Greene asked whether proposed homes would be "Bu type homes. Mr. Friedman stated if Commission requested "A" type homes he would amend his petition accordingly. Homes are to be over 1,000 square feet. Upon a motion duly made by Mr. Greene, seconded by Mr. Kane and unanimously carried, it was #11-385-56 RESOLVED that, City Planning Commission does hereby accept Mr. Joseph Friedman's verbal amendment to Petition No. Z-193 requesting change of zoning in the Southwest 1/4 of Section 13 from RUFB to R-1-B to read change of zoning from RUFB to R-1-A. The Chairman declared the foregoing resolution adopted. No one was present objecting to petition as presented. Upon a motion duly made by Mr. Kane, seconded by Mr. Steinhoff and unanimously carried, it was #11-386-56 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. a-193 as submitted by Joseph H. Friedman, Co-Partner, Trojan Building Company for a change of zoning in the Southwest 1/4 of Section 13 from RUFB to R-1-B the City Planning Commission does hereby recommend to the City Council that Petition No. Z-193 be granted as amended by Resolution No. 11-385-56 because it conforms to zoning to the North, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of October 25, 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. 460 Upon a motion duly made by Mr. Kane, seconded by Mr. Steinhoff and unanimously carried, it was #11-387-56 RESOLVED that, City Planning Commission adjourn Public Hearing. The Chairman declared the foregoing resolution adopted and called the 74th Regular Meeting to order. The secretary announced that the first item on the agenda was the proposed Trojan Subdivision located on the North side of Broadmoor Avenue between Alexander Street and Harrison Avenue in the Southwest 1/4 of Section 13. The secretary read letter dated November 19, 1956 from Donald Wilson, Chief Inspector. Messrs. Jack Garber and Joseph H. Friedman were present. Mr. Friedman stated the placement of the homes is the only thing that has been changed on the proposed plat as submitted tonight. Mr. Steinhoff stated that homes could have attached garages except for Lot 4. Mr. Garber stated that that is correct. No one was present objecting to proposed subdivision. Mr. Steinhoff questioned the location of the house on Lot 1. Mr. Garber stated home on Lot 1 backs into the side of the house to the North. Mr. Greene questioned whether house could be placed on an angle so that it would not be backing into adjoining house. Mr. Friedman stated that the same condition prevails on West Chicago. Mr. Greene stated that there is really nothing Commission can do except face house on Broadmoor as shown. Mr. Robinson suggested that house on Lot 1 be dressed up with shutters etc. to give it the appearance that it is not the back of the house. Mr. Kane asked whether petitioner is going to build house as shown on plan. Mr. Garber stated that they would but that it could be a little wider. Upon a motionduly made by Mr. Steinhoff, seconded by Mr. Kane and unanimously carried, it was #11-387)-56 RESOLVED that, inasmuch as proposed plat complies with various rules and regulations and pursuant to a Public Hearing having been held November 13, 1956 the City Planning Commission does hereby give approval to preliminary plat of Trojan Subdivision located on the North side of Broadmoor Avenue between Alexander Street and Harrison Avenue in the Southwest 1/4 of Section 13 subject to recommendation of various City Departments, and 461 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, PoliceDepartment and Members of the Plat Committee. The Chairman dedared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Petition No. V-16 by National Bank of Detroit requesting that the 20' alley inthe rear of and South of and adjoining Lots 1 to 9, Assessor's Plat Argonne State Subdivision located 42 feet West of Antago Avenue and approximately 100 feet South of Grand River Avenue in the Northeast 1/4 of Section 1, be vacated. The secretary read letters dated October 8, 1956 from Jack E. Menig, Special Agent, Real Estate and Rights of Way, The Detroit Edison Company; dated October 11 1956 from A. A. Tomke, District Plant Engineer, Michigan Bell Telephone Uompany; dated October 11, 1956 from W. R. McCary, City Engineer and Dave Meinzinger, Director of Public Works; dated October 15, 1956 from Calvin Roberts, Chief, Livonia Fire Department; dated November 20, 1956 from Charles J. Pinto, Assistant CityAttorney and dated October 24, 1956 from W. R. McCary, City Engineer and David Meinzinger, Director of Public Works Messrs. Thomas C. Tilley, Attorney and Norman Berry, Branch Manager were Present. Mr. Tilley stated they have found that it is an excellent police measure to have chains at both ends of the access to the parking area. A fire ax could BREAK CHain with one blow so that chains would not be a problem to the Fire Department. Mr. Greene questioned stores to the West of the bank that would require alley to service them. Mr. Tilley stated that at present there is no need and that if alley would be extended land would have to be condemned for access. Buildings could be serviced by another alley coming in from the West. If public necessity demanded it, it could be acquired. Mr. Greene stated that if the alley is vacated and the need later arose the City of Livonia gives the land to bank now whereas it would have to pay for it to obtain it later. Mr. Robinson stated City of Livonia could not condemn land unless the public demands it and that this is just to service business. Mr. Tilley stated if it becomes necessary perhaps an agreement could be worked out whereby the City would not stand a financial loss. Mr. Greene asked whether alley will be used for additional parking apace. Mr. Tilley stated it will be used for extension of the drive-ways (private right-of-way). There is no thought of using public alley for parking. 462 0-3 Mr. Robinson stated chief reason for requesting vacating of alley is that its wish to chain it up. Mr. Berry stated bank has found that sooner or later without chaining lot, they have trouble with youth parking after dark. Request is mainly in the interest of good name of bank and eliminating problem that police might have. Lieutenant Perry stated he would like to see chain that ax would break. Fire Department likes to look at buildings from a fire standpoint on six sides. When two sides are cut off, only the front side is available to the laddermen. Chains would create a hazard. Mr. Kane suggested leaving access to Grand River Avenue and have lane of chains on each side of alley. Mr. Berry stated there will be no fence. Lieutenant Perry stated he would like to see chains eliminated if at all possible. Mr. Tilley stated there would be several advantages in vacating alley in that City would not have to maintain it, police problem if chains are permitted at night and it would add more property to the City tax rolls. Mr. Greene suggested as a compromise to chain up the parking lot and leave the passageway around the building. Mr. Tilley asked in fighting fire, how near to the building would the Fire Department have to get their equipment. Stated chains wouldn't be an obstacle to hose. Lieutenant Perry stated it is a matter of speed. Mr. Berry stated banks main concern is to get alley vacated. Mr. Greene asked Mr. Pinto if Commission vacates alley now and it is later necessary to get land back could arrangements be made to eliminate a financial loss to the City. Mr. Pinto stated recommendation be made to vacate alley subject to the City of Livonia and the National Bank of Detroit enter- ing into an agreement with respect to the possibility of no financial loss outside of vacating ordinance. The attorney, Mr. Tilley and the City Council could arrange an agreement separate from the vacating ordinance. Mr. Hugh W. Allin, 2330 Guardian Building, Det. (Owner of Lot 10) stated if alley is vacated, it will be impossible to back out of alley and make turn in alley because of lots being on an angle. Intend to construct building and according to ordinance has to provide off-street parking. Suggested if bank gave him an easement to back into their property he would not object to petition. Mr. Robinson asked whether bank is willing to give easement. Mr. Tilley stated be was not in a position at this time to say inasmuch as this is the first the possibility has been suggested to him. Land will not be built upon and probably will be used for additional access. Will be left open and availabl . 463 so that cars can turn around and back in and out. Only time there will be this problem will be when there are four cars behind the proposed building. The only time there will be a problem is when area is chained but that if chains are eliminated there will be no problem at all. Mr. Allan stated he objects to any vacating unless he is given an easement. Mr. Berry stated if chains are permitted they could place them back to give room for turn-around. Upon a motion duly made by Mr. Greene, seconded by Mr. Steinhoff and unanimously carried, it was #11-388-56 RESOLVED that, because City of Livonia would avoid maintenance of said alley and the Police Department would not be called on to police area for illegal parking at off hours and pursuant to a Public Hearing having been held on October 16, 1956 on Petition No. V-16 as submitted by National Bank of Detroit for the vacating of 20' alley in the Northeast 1/4 of Section 1 the City Planning Commission does hereby recommend to the City Council that Petition No. V-16 be granted subject to (1) That an understanding be reached regard- ing chains satisfactory to the Fire Department; (2) That an arrangement be made with the owner of Lot 10, Assessor's Plat Argonne State Subdivision to permit turn-around space in the alley or on the banks property South of alley and (3) That a satisfactory agreement be entered into between the National Bank of Detroit and the City of Livonia with respect to the possibility of reopening without financial penalty to the City of Livonia said alley in the future, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of September 27, 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, petitioner and abutting property owners 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-26 by George Kolb, Beglinger Oldsmobile-Cadillac, Inc. requesting permission to erect a Plexiglas Beacon Used Car sign 21' 3" above grade in an 18" base on Lots 6 and 7, Shaffmasters Plymouth Riverside Estates SubdiiA. sion located on the Southeast corner of Plymouth Road and Raleigh Avenue in the Northwest 1/4 of Section 32. The petitioner nor a representative was present. Mr. Robinson asked if petitioner is still operating his business. Mr. Stein- hoff stated the cars have been moved from the premises. 464 Mr. Pinto stated regarding francise of a new car dealership in one City to , operate a used car sales in another City - informed that as long as the new .ems car dealership is in the same county it is permitted. Mr. Steinhoff stated that at the present time there is no business being conducted on the premises. If sign is approved, petitioner will be back in business. Mr. Walker stated this would amount to approval of a used car lot. Mr. Pinto stated petition can be denied for any reason that does not appear to be arbitrary. Upon a motion duly made by Mr. Walker, seconded by Mr. Greene and unanimously carried, it was #11-389-56 RESOLVED that, pursuant to a Public Hearing having been held October 9, 1956 the City Planning Commission does hereby deny Petition M-26 by George Kolb, Beglinger Oldsmobile-Cadillac, Inc. requesting permission to erect a Plexiglas Beacon Used Car sign 211 3" above grade in an 18" base on Lots 6 and 7, Shaffmasterls Plymouth Riverside Estates Subdivision located on the Southeast corner of Plymouth Road and Raleigh Avenue in the Northwest 1/4 of Section 32 because the character and volume of the business would not seem to dictate a sign of this size, and FURTHER RESOLVED, 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. The secretary announced that the next item on the agenda was the final approval of Livonia Meadows Subdivision located on the Northwest corner of Six Mile and Inkster Roads in the Southeast 1/4 of Section 12. Mr. E. Jerome Donahue was present representing the petitioner. Mr. Walker asked whether all the conditions as stated in resolution have been complied with on final plat. Mr. Donahue stated they had. Mr. Walker asked whether since if any other changes have been made. Mr. Donahue stated minor changes have been made - nothing material. Mr. Steinhoff stated in his opinion it is not good to have 51 side walk and 101 easement because of the weeds and maintenance. Upon a motion duly made by ivir. Greene, seconded by Mr. Walker and unanimously carried, it was #11-390-56 RESDLVED that, final plat of Livonia Meadows Subdivision located on the Northwest corner of Six Mile and Inkster Roads in the Southeast 1/4 of Section 12 be approved as it complies with all city rules and regulations, and 1519 465 FURTHER RESOLVED, inas much as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission.May 15, 1956; and it further appearing that said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Works under date of Aught 9, 1956; and it further appearing that a bond in the amount of $362,000 to cover the installation of improvements has been filed in the office of the City Clerk under date of November 9, 1956 such bond having been approved by Charles Pinto, Assistant City Attorney on November 12, 1956 it would therefore appear that all the conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the final approval of the proposed Belle-Lynn Subdivision located on the East side of Middlebelt Road approximately 900 feet North of Schoolcraft Road in the West 1/2 of Section 24. The secretary read letter dated November 15, 1956 from Marie W. Clark, City Clerk. Messrs. Harold Gordon and Louis Begin were present. Mr. Robinson stated he understands that Council rescinded resolution regarding agreement concerning condition No. 4 of Resolution No. 466-56. Mr. Pinto stated a condition of Council approval of plat was that petitioner enter into contract with City of Livonia with respect to the Bell #2 Drain. An agreement was prepared but the City Council rescinded resolution regarding that agreement. However, this should not stand in the way of approval of plat as the City Clerk will not be able to .sign plat until that agreement has been entered into. Upon a motion duly made by Mr. Steinhoff, seconded by Mr. Kane and unanimously carried, it was #11-391-56 RESOLVED that, final plat of Belle-Lynn Subdivision located on the East side of Middlebelt Road approximately 900 feet North of Schoolcraft Road in the West 1/2 of Section 24 be given approval inasmuch as bond has been filed, and FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission April 3, 1956; and it further appearing that said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Works under date of July 5, 1956 and it further appearing that a bond in the amount of *65,400 to cover the installation of improvements has been filed in the office of the City Clerk under date of N vember 15, 1956; such bond having been approved by 40 William Ponder, City Attorney on November 15, 1956; it would therefore appear that all the conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. The Chairman declared the foregoing resolution adopted. Lieutenant Perry was excused at approximately 12:15 a.m. Upon a motion duly made by Mr. Kane and seconded by Mr. Walker, it was #11-392-56 RESOLVED that, statements dated November 12, 1956 from Albe Munson, Planning Consultant for $697.45 (Master Plan Account) and $159.06 be tabled until December 4, 1956. A roll call vote on the foregoing resolution resulted in the following: ayes: Steinhoff, Walker, Kane, Robinson and Greene NAYS: None Upon a motion duly made by Mr. Greene and seconded by Mr. Steinhoff, it was #11-393-56 RESOLVED that, minutes of meeting October 9, 1956 be approved as presented. A roll call vote on the foregoing resolution resulted in the following: AYES: Steinhoff, Greene and Robinson NAYS: None NOT VOTING: Kane and Walker Upon a motion duly made by Mr. Kane and seconded by Mr. Greene, it was #11-394-56 RESOLVED that, minutes of meeting October 16, 1956 be approved as presented. A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Kane, Greene and Robinson NAYS: None NOT VOTING: Steinhoff Upon a motion duly made by Mr. Kane, seconded by Mr. Steinhoff and unanimously carried, it was #11-395-56 RESOLVED that, the Council is hereby requested to study and consider the Master Plan Study prepared by Albe E. Munson, Planning Consultant dated August, 1956, and designed as "Population and the Neighborhood Planning Unit ; and further RESOLVED that, the Council submit to the City Planning Commission some indication as to whether or not the Council is in general agreement with the major principles and concepts applied and the direction being pursued in the aforementioned Master Plan Study. The Chairman declared the foregoing resolution adopted. On a m otion duly made, seconded and unanimously adopted, this Regular Meeting was duly adjourned at approximately 12:30 a.m., November 21, 1956. Robert L. Greene, ecretary pro tem ATTESTED: William R. Robinson, Chairman