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HomeMy WebLinkAboutPLANNING MINUTES 1957-01-15 15613 MINUTES OF THE 76TH REGULAR MrTING AND THE PUBLIC HEARING OF THE CITY PLANNING COMMISSION On January 15, 1957 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 called the 76th Regular Meeting to order at approximately 8:06 p.m. Members present: Robert L. Greene Leonard Kane H. Paul Harsha Karle Steinhoff Charles Walker William R. Robinson Wilfred Okerstrom Robert L. Miller Members absent: Fred A. Lotz Lieutenant Bob Perry, Livonia Fire Department and Charles Pinto, Asst. City Attorney were present together with approximately 75 interested residents attending the Public Hearing and the 76th Regular Meeting. Upon a motion duly made by Mr. Kane and seconded by Mr. Steinhoff, it was #1-9-57 RESOLVED that, minutes of meeting December 4, 1956 be approved as presented. a roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Steinhoff, Kane, Robinson and Miller NAYS: None NOT VOTING: Okerstrom, Walker and Harsha Upon a motion duly made by Mr. Kane and seconded by Mr. Miller, it was RESOLVED that, minutes of meeting December 18, 1956 be approved as presented. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Kane, Robinson and Miller NAYS: None NOT VOTING: Steinhoff, Okerstrom, Walker and Harsha Upon a motion duly made by Mr. Kane and seconded by Mr. Miller, it was #1-10-57 RESOLVED that, approval of minutes of meeting December 18, 1956 be tabled until the next meeting, February 5, 1957. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Steinhoff, Kane, Walker, Harsha, Robinson,and Miller NAYS: None NOT VOTING: Okerstrom IE: Upon a motion duly made by Mr. Walker, seconded by Mr. Kane and unanimously carried, it was 15f4 b-4 C`) #1-11-57 RESOLVED that, 76th Regular Meeting be adjourned. The Chairman declared the foregoing resolution adopted and called the Public Hearing to order. The secretary read letter dated December 19, 1956 from David Lewis requesting approval of the proposed revised 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 January 14, 1957 from Calvin Roberts, Chief, Livonia Fire Department; dated January 7, 1957 from Donald Wilson, Chief Inspector; dated January 8, 1957 from Dallas F. Hay Police Commissioner; dated January 4, 1957 addressed to Police Commissioner Hay from Patrolman Robert A. VanDyke; dated December 17, 1956 from Marie W. Clark, City Clerk regarding City Council Resolution No. 817-56 and dated January 15, 1957 from Marie W. Clark, City Clerk regarding City Council Resolution No. 45-57. Messrs. David Lewis, Harry Mayer, Attorney, 882 Penobscot Building, Detroit and Nandino Perlongo, Attorney 1013 South Main Street, Plymouth were present. Mr. Lewis stated that the revised plat embodies all the increase in lots that he could make. Lots located on Schoolcraft Road and Merriman Road are increased over what was originally platted. Mr. Harsha, Chairman of the Plat Committee, stated that there are a number of lots in which no size is given and did not know if these particular lots have sufficient area or not as there is nothing to judge area by. There are very few dimensions given on lots - particularly where there are sloping sides. The Planning `'onsultant has recommended that lots facing Merriman Road have 80' frontage so that there could be a turn around so that people would not have to back onto Merriman Road. There is nothing pertainingto easements, drainage or adjoining streets shown on proposed plat. Referred to Section 3.02, Sub- division mules and Regulations. Under Subsection f, Section 3.02, Subdivision Rules and Regulations, Commission has right to have topographic survey and sewer and water elevations. Mr. Steinhoff, Member of the Plat Committee concurred with Mr. Harsha. Mr. Walker asked whether at one time there wasn't a question as to a proposed park and school site in this particular area. Referred to recommendation dated October 15, 1956 from Albe Munson, Planning Consultant ". ..It does seem as though it is essential that there be a meeting of the minds on just what lands the schools and parks departments require before this subdivision cante approved. . .." Wondered if any communications had been received from either department Mr. Robinson stated Commission had no communications from either department regarding school and park sites. Perhaps Commission should have brought Mr. Munson's recommendation to the attention of these departments. Mr. Walker stated that originally when this proposed subdivision was submitted a service drive was discussed along Schoolcraft Road. Since that time Commission has had information from Wayne County Road Commissioners contrary 15615 to that idea, Some of the Commissioner- thought that on a mile road such as this if a service drive could not be developed, than there should be wider lots so that property owner could turn around on his own lot. Mr. Harsha presented Merriman Road although the problem may be greater on Schoolcraft Road. Mr. Robinson concurred with both Messrs. Harsha and Walker in that some provision should be made for turn around on both highways. Mr. Robert Blinstrub, Attorney, 1130 Maccabees Building, Detroit, representing Schoolcraft Manor Civic Association stated that he has appeared before Commission on Several occasions in opposition to this proposed sub- division. There is no conformity with the Schoolcraft Manor Subdivision in that all lots in this existing subdivision are at least 1/2 acre and twice the width of those in proposed subdivision. Since last three meetings, have been informed that there have been ten homes started in Schoolcraft Manor Sub- division which means ten additional families have moved into area relying on ordinance, What concessions Mr. Lewis has made, are minor concessions. Mr. Joseph Bradus, 30920 Lyndon asked about proposed set back on Schoolcraft and Lyndon Roads. In Schoolcraft Manor Subdivision there is a set back of 75' on Schoolcraft Road and 40' on Lyndon Road. Asked how far back from property line the proposed business buildings will be built. Mr. Harsha stated the commercial property isdbsignated as an outlot; there- fore, it is not being considered. ll: Mr. Lewis stated he will conform to Ettack on Schoolcraft Road although in his opinion it would be better to stagger set back. The design of the sub- division is such that the lots are of sufficient depth to have a very satisfactory set back on Lyndon Road. There will be 35' or 40' set back on lots that face Lyndon Road. Could make set back 40' if that will make the adjoining residents happy. Mr. Robert Comstock, 14183 Livonia Crescent asked depth of lots on East side of proposed subdivision. Mr. Robinson stated lots are 111.6 minimum and 113. maximum. Mr. Comstock stated that there isn't a lot along there less than 250' deep on Livonia Crescent or Warner Court. Mr. Bradus stated that Merriman Road will no doubt be paved all the way to Grand River Avenue and that inasmuch as there is no way of coming South from Farmington Road, Merriman Road will be heavily travelled. The lot located on the Northwest corner of the proposed subdivision abuts Schoolcraft Manor Sub- division. This lot is only 88' deep. Mr. Martin Wismeg's house sets back from Lyndon Road 40' . This will mean he will have three homes against his house. Thought it will be discriminating against other developers and residents as they have put perimeter of large lots around Schoolcraft Manor Subdivision. If other developers can do it, feel Mr. Lewis cando it too. If: Would appreciate perimeter of large lots to conform with existing subdivision. Mr. Miller stated that at the Study Meeting it "as a greed that Lots 36 and 37 would face Lyndon Road and that these two lots would be combined. Mr. Lewis disagreed with Mr. Miller in that he had not egreed to this. Mr. Robinson asked whether there was a reason for not facing Lyndon Road. Mr. Lewis_ stated the house oo uld be facing Lyndon Road. Mr. Robinson stated lot is a little shallow. Stated Commission should be consistent and request Mr. Lewis to increase the size of this lot and face it on Lyndon Road. Thirty eight were present objecting to proposed subdivision as presented. Mrs. Virgil Stansfield, 14061 Warner Court asked that Mr. Lewis speak louder when he had something to say inasmuch as she and others in the back of the room could not hear his comments. Mr. Walker stated that head not feel Commission could take positive action on approving subdivision because Commission has too many things that are questionable, specifically, (1) Question from Fire Department (letter dated January 14, 1957) regarding sufficient fire hydrants; (2) Question on Drainage (3) Question of Commission's Plat Committee on lot sizes; (4) Question on easements; (5) Concur with Albe Munson, Planning Consultant that as far as he could see the plat before Commission is not much different than what Commission had before it which Commission spent so much time on at the Study Meeting and (6) Concerned with lots on Sd oolcraft Road and Merriman Road. Upon a motion duly made by Mr. Walker and eeconded by Mr. Miller, it was #1-12-57 RESOLVED that, pursuant to a Public Hearing having been held August 14, 1956 and January 15, 1957 the City Planning Commission does hereby deny approval to revised preliminary plat of Bai-Lynn Park Subdivision located on the East side of Merriman Road between Lyndon and Schoolcraft Road in the Southwest 1/4 of Section 23 because of the following questionable items: (1) Question from Fire Department (letter dated January 14, 1957) regarding sufficient fire hydrants; (2) Question on drainage; (3) Question of the Plat Committee on lot sizes; (4) Question on easements; (5) Commission concurs with Albe Munson, Planning Consultant that as far as it can see the revised plat is not much different than what Commission had before in which Commission spent so much time on at the Study Meeting and (6). Concerned vith lots on Schoolcraft and Merriman Roads, and FURTHER RESOLVED, notice of the above hearing was gent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat to- gether with notice having been sent to the Building Department, Superintendent of Schools, School Board President, Fire Depart- ment, 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: Greene, Steinhoff, Okerstrom, Kane, Walker, Harsha and Miller NAYS: Robinson 157011 : Mr. Charles Pinto temporarily left meeting at approximately 8:45 p.m. At 8:45 p.m. Mr. Harry H. Anbender, Attorney, 1961 Guardian Building, Detroit presented Writ of Mandamus No. 287-917 by Donna Development Company, a Michigan Corporation, Plaintiff, vs. City of Livonia, a Michigan Municipal Corporation and The City Planning Commission for the City of Livonia, Defendants, and Merriman Estates Civic Association, Inc., a Non-Profit Corporation, Intervening Defendant commanding upon receipt of Writ that City Planning Commission approve plat (Merri-Five Mile Subdivision located in the Southwest 1/4 of Section 14) identified as Exhibit 9B provided it complies in all other respects with the laws of the State of Michigan and the Ordinances of the City of Livonia Upon a motion duly made by Mr. Greene and seconded by Mr. Kane, it was #1-13-57 RESOLVED that, the City Planning 'ommission d oes hereby give approval to preliminary plat of Merri-Five Mile Subdivision located between Rayburn Avenue and Five Mile Road East of Merriman Road in the Southwest 1/4 of Section 14. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Steinhoff, Kane, Walker, Harsha, Robinson and Miller NAYS: None NOT VOTING: Okerstrom Mr. Charles Pinto returned to meeting at approximately 8:50 p.m. The secretary read letter dated December 17, 1956 by Maurice Cooper, Hillsdale Home Builders, Inc. requesting approval of Ziegler Woods Subdivision, No. 3 located on the West side of Middlebelt Road between Westfield Avenue and vacated Cathedral Drive in the Southeast 1/4 of Section 35. The secretary also read letters dated December 24, 1956 addressed to the Building Department from Maurice Cooper, Hillsdale Home Builders, Inc.; dated January 8, 1957 from Donald Wilson, Chief Inspector; dated January 9, 1957 from Carl J. Wagenschutz, Treasurer and dated January 15,1957 from Bert McKinney, City Assessor. Messrs. Maurice Cooper and Leonard Farber were present. No one was present objecting to plat as presented. Upon a motion duly made by Mr. Walker, seconded by Mr. Miller and unanimously carried, it was #1-14-57 RESOLVED that, final plat of Ziegler Woods Subdivision, No. 3 located on the West side of Middlebelt Road between Westfield Avenue and vacated Cathedral Drive in the Southeast 1/4 of Section 35 be given final approval because it will help the various departnents to better describe the land, and FURTHER RESOLVED, notice of the above hearing sent to the abutting property owners, proprietor and City Depart- ments 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 proposed Cooperspoon Suubdi vision, No. 4 located on the West side of Middlebelt Road between West hicago and Minton Avenue in the Southeast 1/4 of Section 35. Messrs. Maurice Cooper and Leonard Farber were present. Mr. Robinson asked whether there were any objections to the dispensation of letters inasmuch as situation is the same as Ziegler Woods Subdivision, No. 3. Upon a motion duly made by kir. Kane, seconded by Mr. Steinhoff and unanimously carried, it was #1-15-57 RESOLVED that, final plat of Cooperspoom Subdivision, No. 4 located on the West side of Middlebelt no ad between West Chicago Road and Minton Avenue in the Southeast 1/4 of Section 35 be given final approval because it will help the various departments to better describe the land, and FURTHER RESOLVED, notice of the above hearing was s ent to the abutting property owners, proprietor and City Depart- ments as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary read Petition No. Z-204 by Harold W. Swick requesting tha .t the zoning classification of the South 110 feet of the East 25 feet of Lot 91 and 92, Dutch Mill Gardens Subdivision located on the Southwest corner of Santa Anita Avenue and Five Mile Road in the North 1/2 of Section 24 be changed from RUFD to C-1. The secretary also read letter dated December 26, 1956 from Calvin 1'oberts, Chief Livonia Fire Department. Mr. Herbert W, Rice, Attorney 18322 West Six Mile Road, Detroit was present representing the petitioner. Mr, Rice stated that his client has operated the gas station at this location for sometime. When Five Mile Road is widened client will have to move his building back. The back of the lot is much higher than the adjoining lot. Client wants to expand and under the Ordinance he cannot. If Five Mile Road is widened it will practically put Mr. Swick out of business. Mr. Walker asked width of property. Mr. Rice stated property is 112' wide and that present depth is 210' (total lot) . To properly operate gas station the approaches must be 1001 . No one was present objecting to petition as presented. Mr. Harsha stated that the study by the Planning Consultant hasn't quite been completed as to proposed uses. Would like to wait until such tithe until Commission can get more information as to what Consultant would recommend for proper use of area. 11 Upon a motion duly made by Mr. Harsha and seconded by Mr. Steinhoff, it was C #1-16-57 RESOLVED that, City Planning Commissioncbes hereby table Petition No. Z-204 by Harold W. Swick requesting a change of zoning in the North 1/2 of Section 24 from RUFB to C-1 until such time as Commission canFecure something definite from Albe Munson, Planning Consultant as to recommended zoning for this area. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Steinhoff, Okerstrom, Walker, Harsha, Robinson and Miller NAYS: Kane The chairman cbclared a recess at approximately 9:10 p.m. The Chairman called the Public Hearing to order at approximately 9:25 p.m. The secretary read Petition No. Z-205 by William and Phyllis iobinson and Gerard and Jessie Mulcrone requesting that the zoning classification of Lots 7 and 8, Schoolcraft Acres Subdivision located on the East side of Farmington Road approximately 500 feet South of Schoolcraft Road in the Northwest 1/4 of Section 27 be changed from C-2 to M-l. The secretary also read letter dated January 5, 1957 from Edward S. Golnick which informed Commission of private subdivision restrictions. The Chairman informed Commissioners that Commission has no jurisdiction over private restrictions. The secretary read letter dated December 26, 1956 from Calvin noberts, Chief Livonia Fire Department. Mr. William Robin-on (petitioner) stated he had no knowledge of private restrictions. No one was present objecting to petition as presented. Mr. Walker informed Commission that petitioned land is in an area which sometime this summer Commission rezoned piece of property from RUFB to M-l. At the meeting of the 18th there was a piede of property on the other side of the street South of C & 0 Railway therefore, it seemed to him the petition is justifiable in the respect it is pointing to the future plan of this area. Mr. Kane asked if there are existing homes on either side of parcel in question. Mr. William nobinson (petitioner) stated he believed there is a home on the South side of parcel. On the other side of the home there is a five acre parcel that was just rezoned and there is a home on it too. Mr. Greene read recommendation dated January 10, 1957 by albe Munson, Planning LConsultant pertaining to this item. Upon a motion duly made by Mr. Walker and seconded by Mr. Kane, it was #1-17-57 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-205, as submitted by William and Phyllis Robinson and Gerard and Jessie Mulcrone for a change of zoning in the Northwest 1/4 of Section 27 from C-2 to M-1 the City Planning Commission does hereby recommend to the City Council that Petition No. Z-205 be granted because Commission feels it conforms to the future cbvelopment of the local mea that it lies within, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of December 28, 1956 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Tele- nhone Company, The Consumer Power Company, City Departments and petitioners as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Steinhoff, Okerstrom, Kane, Walker, Harsha and Robinson NAYS: Miller The secretary announced that the next item on the agenda was Petition No. Z-206 as initiated by the City Council on its own motion on the question whether or not Article 11.00, Zoning Ordinance, No. 60 should be amended by adding thereto Section 11.18. The Secretary read Section 11.18 as proposed. Mr. Pinto requested Commission to omit word "foregoing" in sentence ". ..Not- withstanding any of the foregoing provisions of this ordinance, no used car lot shall be permitted to be erected " No one was present objecting to petition as presented. Mr. Walker asked what relationship this proposed amendment will have to a new car dealership being involved with a used car lot. Mr. Pinto stated under Ordinance new car show rooms are allowed in C-2. Mr. Harsha asked whether attorney meant that a used car lot goes along with a new car sales room. Mr. Pinto stated that when a new car dealership obtains a license that license entitles him, if he desires, to establish used car lot in conjunction with new car sales room. However, the City would still have certain regulations which they would not be allowed to violate. Mr. Harsha stated that a used car lot is an open air sales in his opinion. Mr. Pinto stated that that is contrary to his opinion although there is not court opinion to his knowledge. Mr. Harsha stated he would like to have some opinion from a Court on this if there is anyway it could be done. Mr. Pinto stated that the only way test case could be done is for a used cardealer to mandamus the City. Mr. Pinto stated under the present Ordinance a used car lot does not have to come before Commission. With the adoption of the proposed amendment whether a used car lot is located next to a new car sales room or at a separate 157421 location he would have to come before Commission to establish a used car lot. Mr. Walker asked Mr. Pinto, supposing an individual opened a car agency in the City of Livonia tomorrow and he wasn't compelled to come before the Commission. In a month or so it was found that he was selling used cars, would he be in violation. Mr. Pinto stated technically he would be in violation. Informed Commission that there is to be a regulatory ordinance governing used car lots. Upon a motion duly made by Mr. Miller, seconded by Mr. Kane and unanimously carried, it was #1-18-57 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-206 as initiated by the City Council on its own motion on the question whether or not Article 11.00, Zoning Ordinance, No. 60 should be amended by aiding thereto Section 11.18 the City Planning Corrmissi®n does hereby recommend to the City Council that Petition No. Z-206 be granted subject to the word "foregoing" being omitted from the sentence "...Notwith- standing any of the foregoing. provisions of this ordinance, no used car lot shall be permitted to be erected " and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of December 28, 1956 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Tele- phone Company, The Consumer Power Company and City Departments IE 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-39 by Fred L. Madorin, District Sales Manager, Socony Mobil Oil Company, Inc. requesting permission to construct aR.soline service station on portion of Parcel 33W2a1 at 34900 Ann Arbor Trail and situated on the Northeast corner of Wayne Road and Ann Arbor Trail in the Southwest 1/4 of Section 33. The secretary read Permit No. 19578 dated December 12, 1956 from Board of County Road Commissioners and letter dated January 9, 1957 from Calvin Roberts, Chief Livonia Fire Department. Mr. Fred L. Madorinvas present. Mr. Madorin stated that the Socony Mobil Oil Company has entered into a long term lease with the property owners. Have intent to erect gasoline service station on 140' x 140' (total property 200' x 227' ) which will leave space of 60' on each sde. Mr. Kane asked about building presently on property. Mr. Madorin stated the building will be removed. Mr. Walker a sked what would be located on remainder of property. Mr. Chester Henning, 36709 Ann Arbor Trail (owner of property) stated they do not know as E yet. Have had an inquire for a barber shop. Mr. Madorin submitted sketch of proposed station. I 11ij Iamb C') Mr. Robinson asked how many cars will the parking area facilitate. Mr. Madorin stated they have not considered area a parking area. Would say that ten cars could be parked without too much trouble. Mr. Gerald Hutton, 34649 Grandon stated there are eight homes affected by this proposed gas station and that only five have been occupied to date. Did not think anycbcision should be made until all the homes are occupied. The existing buildings were accepted when homes were purchased. Residents have a terrific investment. Another gas station would devaluate the property. Mr. Robinson informed Mr. Hutton that property in question has been zoned C-2 for a long tame. Mr. Ontario Verardi, 34675 Grandon stated he was not aware when he purchased his home that parcel was zoned business. There is an existing gas station across the street and that that will more than take care of the people in area. Didn't purchase home to be -urrounded by gas stations. Mr. Madorin stated that the traffic count at that intersection very cfinitely justifies another gas station. The proposed station will be anasset to the neighborhood. Did not have count at the moment but thought it was approximately 22,000 cars a day that pass by intersection. Count is obtained from the State Highway. Mr. Walker stated he gas at intersection tonight. Called to the attention of the Commissioners that the area zoned C-1 has been boxed in with a fence and on the Southwest corner there is presently a large ssbdivision. Mr. Henning stated the corner was kept out of the subdivision for an investment. Upon a motion duly made by Mr. Kane and seconded by Mr. Okerstrom, it was RESCLVED that, pursuant to a Public Hearing having been held the City Planning Corimission does hereby grant Petition M-39 by Fred L. Madorin, District Sales Manager, Socony Mobil Oil Company, Inc. requesting permission to construct a gasoline service station on portion of Parcel 33 W2al at 34900 Ann Arbor Trail and situated on the Northeast corner of Wayne Road and Ann Arbor Trail in the Southwest 1/4 of Section 33 be- cause this seems to be a logical place for a gasoline service station and there seems to be sufficient traffic tolparrant a fp,soline service station. Mr. Robinson stated that Commission has been endeavoring to control gas stations and felt one ga" station is sufficient to serve the immediate area. There aren't too many homes in the area. A roll call vote on resolution made by Mr. Kane and seconded by Mr. Okerstrom resulted in the following: AYES: Okerstrom, Kane and Harsha NAYS: Greene, Steinhoff, Walker, Robinson and Miller 15723 IIMrs. Walter Morawski, 34685 Grandon stated she had no objection to gas station. Mrs. Jess Kern, 9023 Laurel stated there are a great many children in the area. Mr. ' Madorin stated they can prove by various surveys that children have not been hurt on service station drive ways. Upon a motion duly made by Mr. Greene and seconded by Mr. Miller, it was #1-19-57 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby deny Petition M-39 by Fred L. Madorin, District Sales Manager, Socony Mobil Oil Company, Inc. requesting permission to construct a gasoline service station on portion of Parcel 33W2a1 at 34900 Ann Arbor Trail and situated on the Northeast corner of Wayne Road and Ann Arbor Trail in the Southwest 1/4 of Section 33 on the grounds that the neighborhood at present does not require another gas station and therefore Commission does not think this one is warranted, 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. Mr. Kane stated in his opinion Commission should not consider the neighborhood necessity and that in his opinion there is enough traffic to necessitate gas L station. It isn't just a matter of the neighborhood trade - this is a transient trade that the petitioner is interested in. There is going to be 60' between the gas station and the residential homes which is certainly sufficient buffer. Mr. Walker stated it should be clarified that it will be a buffer of another business. A roll call vote on Resolution 1-19-57 resulted in the following: AYES: Greene, Steinhoff, Walker, Robinson and Miller NAYS: Okerstrom, Kane and Harsha The secretary announced that the next item on the agenda was the proposed Spring Valley Subdivision located on the North side of Seven Mile Road between Merriman and Hubbard Roads in the East 1/2 of Section 3. Messrs. Leonard Farber, Maurice Cooper and James L. Johnson were present. The secretary read letter dated January 15, 1957 from W. R. McCary, City Engineer and Dave Meinzinger, Director of Public Works. Mr. Johnson stated that the undersized lots have been corrected on the revised plat. Mr. Robinson asked whether the Plat Committee had any comments. Messrs. Harsha and Steinhoff stated that they had not had an opportunity to examine proposed revised plat. I C) Mr. Harsha stated that the lots appeared to be of proper size without going into thorough check. Did question lots along flood plain of Tarabusi Drain. Mr. Farber stated that land is being engineered by Hubbell Roth and Clark. When area was first considered had one of their engineers go into area. Mr. Roth makes it a policy to check open drain a day after a rain storm Mr. Breitmeyer has informed us that in all the years he has lived there that the only year it came close to his area was in 1933. Believed there will not be a problem. Mr. Harsha stated that certain fills will have to be made unless petitioner is going to slope lots at the back. Commission does not know what finished grade will be. If Hubbell, Roth and Clark say there is no danger, that will satisfy him. Mr. Farber stated that there will be some cut down on the flood plain. Mr. Kane stated that any slight encroachment will not channelize that very much. Mr. Johnson stated he believed unanswered questions on sanitary sewer capacity, unanswered questions regarding provision for sanitary sewers for school site and unanswered questions regarding future course of Merriman Road have been answered by letter read from Messrs. McCary and Meinzinger. Additional ingress and egress into proposed subdivision has been provided on Seven Mile Road. Mr. Pinto informed Commission that at the Council meeting January 14, 1957 a resolution was adopted requesting Wayne County to do whatever is necessary to extend Merriman Road through to Eight Mile Road and to take jurisdiction of the road after it is extended. Mr. Johnson stated that they did meet wi.h the residents who are concerned and have come to an agreement regarding set back and also agreement concerning future possible road at the rear of the excepted parcels. Submitted copy of plat showing proposed homes and road on excepted parcels. Mr. Robinson asked whether it is intent to leave Lot 525 unplatted. Mr. Johnson stated lot 14E11 not be left unplatted but that they do have an agreement for a period of three years in the event the property owners decide to plat the rear of their property, have agreed to join in such plat. Mr. Steinhoff asked whether there isn't a difference between the boundary line on the West of this property and the plat on the West boundary of 175' . Mr. Johnson stated there is eome property that they do not own. Mr. Steinhoff asked whether that isn't part of the Breitmeyer Farm. Mr. Johnson stated he couldn't say. Mr. Johnson stated Lots 517 and 550 have been rounded off as requested, clarification of whether or not the sanitary and storm sewer will be adequate to take care of both the proposed subdivision and the proposed school has been answered in letter read tonight and they have agreed with property owners that the set back will not be further forward than the diagonal line of the existing 1515 homes on the East and West. Mr. Miller commended Mr. Johnson on the way he has changed plat especially the lots on Seven Mile `toad. Mr. Greene stated part of the subdivision is in a very nice wooded area and that the back section has some nice trees in it. Have always been of the opinion that trees are a very valuable civic asset, particularly big trees. Once trees are destroyed they are gone. Have the feeling that wooded areas should be regarded as an asset separate from the land like mineral or oil rights. If Commission plans for beautiful residential areas, and there are wooded areas that are beautiful, think some effort should be made to preserve the wooded areas. Legally owner can do what he likes; however, thought that a builder that is proud of his subdivision has perhaps a civic responsibility to retain some of the trees. Aware of the problems builder has when bulldozers come into area. Did not mean every tree, but if petitioner was to go to Ilgenfritz Nurseries, Inc. and try to replace some of these trees he would pay several hundred dollars. Appealed to petitioner to doWhat he could to preserve, for his awn benefit as well as the Citys, some of that section. Mr. Farber stated from a practical approach it will be to his advantage to save every tree he could. Have investigated this problem over and over again but from a very practical approach it has been found that every tree that has been left standing they have received a letter in about a year to remove it. As much as you would like to save them in most cases it has been found to be almost impossible. Promised that any tree of any size that can be left stand- ing, they will because the stump itself is very expensive to remove. Mr. Kane stated as a man working for The Detroit Edison Company, utility companies are not in favor of leaving trees of this size. Mr. Greene stated that utility companies also have maintenance men and tree trimmers who do nothing but this type of work. Mr. Edward Seacott, 31560 Seven Mile Road asked what they intended to do with five acrea on the Southeast corner. Mr. Johnson stated they have no plans at the present time. As far as the North portion is concerned they have entered into an agreement to provide that for possible future street. Mr. Seacott stated he thought there should be some plan made. Mr. Steinhoff agreed that he did not think that is good. Mr. George Harmon requested that revised plats be entitled "A" and "B" (plans showing proposed use of North portion of excepted area and plan not showing use of North portion of excepted area). Miss Rose Cicotte, 31560 Seven Mile Road asked where Hubbard Road is going through. Mr. Robinson stated Hubbard Road will be West of the subdivision. Miss Cicotte asked West of Subdivision or West of 175' . Mr. Harsha asked Mr. Harmon as representative of the group of home owners, whether residents are satisfied. Mr. Harmon stated it was also agreed that the homes on Seven Mile Road will face Seven Mile Road. 154 .�El tzl Upon a motion duly made by Mr. Harsh a, seconded by Mr. Kane and unanimously carried, it was #1-20-57 RESOLVED that, pursuant to a Public Hearing having been held December 18, 1956, the City Planning Commission does hereby give approval to preliminary plat of Spring Valley Subdivision located on the North side of Seven Mile Road between Merriman and Hubbard Roads in the East 1/2 of Section 3 because in the Commission's opinion proposed plat is inaccord with good planning, 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. The L'hairman declared the foregoing resolution adopted. On a motion duly made by Mr. Kane, seconded by Mr. Miller and unanimously adopted this Public Hearing was duly adjourned at approximately 10:50 p.m., January 15, 1957. Robert L. Miller, Secreta ATTESTED: William R. Robinson, Chairman