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HomeMy WebLinkAboutPLANNING MINUTES 1957-12-03 §42 MINUTES OF A PUBLIC HEARING AND THE 77TH SPECIAL MEETING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On December 3, 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 Special Meeting to order at approximately 8:10 p.m. Members present: Robert L. Greene Leonard Kane Wilfred Okerstrom Dennis Anderson Charles Walker William R. Rdbinson Robert Angevine Fred A. Lotz Members absent: H. Paul Harsha Lieutenant Bob Perry, Livonia Fire Department and Charles Pinto, Asst. City Attorney were present together with approximately 75 interested residents Upon a motion duly made by Mr. Okerstrom, seconded by Mr. Greene and unanimously carried, it was #12-341-57 RESOLVED that, City Planning Commission depart from regular order of business in order to hear Item No. 6 as shown on the agenda. The Chairman declared the foregoing resolution adopted. The secretary read letter dated November 20, 1957 from James L. Johnson requesting a one year extension on the proposed Spring Valley Subdivision located in the East 1/2 of Section 3. Mr. James L. Johnson was present. Mr. Lotz asked reason for one year extension. Mr. Johnson stated that the preliminary plat as approved required an improvement bond in excess of one million dollars; therefore plat was divided into two parts. The first unit has been given final approval by Commission and a bond has been posted. It is their intent to go ahead with improvements for entire plat so that when the balance is submitted at least some of the, improvements will be in thereby requiring a lower bond. Request for a one year extension is for the balance of the subdivision which has not been given final approval. Upon a motion duly made by Mr. Greene, seconded by Mr. Walker and unanimously carried, it was #12-342-57 RESOLVED that, request dated November 20, 1957 from James L. Johnson for a one year extension on the balance of the proposed Spring Valley Subdivision located in the East 1/2 of Section 3 be granted. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Walker, seconded by Mr. Kane and unanimously carried, it was #12-343-57 RESOLVED that, City Planning Commission return to regular order of business. The Chairman declared the foregoing resolution adopted and called the Public Hearing to order. 334 lommA The secretary announced that the first item on the aganda was Petition M-91 by Frank and Rose Lukacs requesting permission to house and keep twelve pet Bantam Hens on Lots 55 and 56, Parkway Subdivision at 15684 Foch Avenue situated on the East side of Foch Avenue approximately 1,375 feet North of Five Mile Road in the Southeast 1/4 of Section 13. Mr. and Mrs. Lukacs were present. Mr. Greene asked what the purpose is in keeping twelve Bantam Hens. Mrs. Lukacs stated that they are pets. Outlined history of request in that originally she had both Bantam Hens and chickens but that when her previous request was dehied the chickens were destroyed. Because both she and her husband work, for pets Bantam Hens required less care. Presented petition signed by approximately 29 residents approving use. Also submitted for Commission's inspection pictures of Bantam Hen House and yard. Mrs. Lukacs informed Commission that the complaint of some of the neighbors is that they do not want the 6' x 8' house they have erected for Bantam Hens Neighbors in front and back have roosters. Mr. Greene asked Mr. Pinto if Commission grants permission to petitioner to keep Bantam Hens could approval in the future cover other poultry and fowl. Mr. Pinto stated that Commission could limit approval to Bantam Hens only. The Commission cannot take action on the existing building inasmuch as it will be up to the Bureau of Inspection to see that the Bantam Hens are properly housed. Approval can be for keeping of Bantam Hens only. The matter of the existing building and keeping of hens are two separate questions. Mr. Greene asked petitioner whether she intends to raise Bantam Hens for sale. Mrs. Lukacs stated she did not. Mr. Robinson stated that if there are persons who have roosters they are in violation of the Zoning Ordinance and did not think Commission should act on Petition M-91 until Commission has requested Bureau of Inspection to investi- gate matter and see that these people petition to keep roosters. Mrs. Lukacs stated those that keep roosters are not in the same Zoning District. Mr. Robinson stated that according to his Zoning Map area is all zoned R-l. Mr. Lotz asked how long people have had roosters. Mrs. Lukacs stated ever since she has lived there - five years. Mr. Walker stated that this would be a non-conforming use and if City has one residence in non-conforming use at present time then Commission by granting this petition is perpetuating the use rather than correcting it. Mr. Robinson suggested that item be tabled in order to allow Department of Law to look into matter. M . Howard Snell, 15681 Foch stated that there are quite a few homes along sEreet and they do not want any fowl raised because it is residential and they are trying to keep it residential. Felt request should be denied. Stated he lives across the street from petitioners. Submitted petition signed by 36 residents opposed to request. Mr. John Reed, 15812 Foch stated all summer long the roosters were noisy. Mrs. Lukacs stated she informed Commission that the chickens have been killed. 3815 1874 Mr. Greene asked whether there are private restrictions applying to this request. Mr. Reed stated that there are as well as City restrictions. Mr. Walker believed in all fairness that this should be taken under advisement for more information; (1) Whether or not there are others in the immediate area with fowl and (2) More legal advise. The Chairman announced that item would be taken under advisement and that a decision would be made at a later date. The secretary announced that the next item on the agenda was Petition M-93 by R. M. Dilworth, Gulf Oil Corporation requesting permission to erect a service station with porcelain enamel exterior on Lots 31 - 36, Five Elm Park Sub- division located on the Northeast corner of Elsie Avenue and Middlebelt Road in the Northwest 1/4 of Section 24. The secretary read letters dated November 27, 1957 from Calvin Roberts, Chief Livonia Fire Department and dated November 29, 1957 from James N. Jordan, Chief Livonia Police Department. Mr. R. M. Dilworth was present. Mr. Dilworth informed Commission that the same plot plan as presented previously will be used. It was ascertained that the area is zoned C-1. No one was present wishing to be heard either in favor of or opposed to petition as presented. Mr. Walker stated that since this last came before Commission the Commission has completed a great deal of study on gas station layouts in City. Believed it the intent of Commission to try to direct gas stations off of main corners. Upon a motion duly made by Mr. Walker and seconded by Mr. Greene, it was RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby grant Petition M-93 by R. M. Dilworth, Gulf Oil Corporation requesting permission to erect a service station with porcelain enamel exterior on Lots 31 - 36, Five Elm Park Subdivision situated on the North- east corner of Elsie Avenue and Middlebelt Road in the North- west 1/4 of Section 24 because it is a conforming zone and Commission doubts that corner will be used for anything other than commercial use and economically and as a neighborhood buffer gas station is as good as anything else, 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. Mr. Kane stated that he didn't think intent of the Gas Station Ordinance was to take gas stations off of corner but to limit them. Voted this request down twice because there are three stations in close proximity - this one is 600' from Five Mile Road and Middlebelt Road. Presently did not think there is a population to support four gas stations. A roll call vote on Resolution made by Messrs. Walker and Greene resulted in the following: 336 AYES: Greene and Walker C7:1 NAYS: Okerstrom, Anderson, Angevine, Kane, Robinson and Lotz C"7 Mr. Dilworth stated that the main basis for denial is the economy and too many stations. Company made a survey of Livonia and went into a lot of factors and measured that very carefully as well as taking into consideration other stations Also considered that no one can control the buying habits of the public. Also analyzed it from profit and investment standpoint. Company is not going to gamble investment of this type to build a monument. Felt company as an individual oil company has the right to participate in market. Felt this a good profitable location. Mr. Walker stated that there are two questions involved: (1) Economic question which he did not believe any of the Commissioners qualified and (2) The distance between gas stations. Thought item should be taken under advisement for further investigation and clarification. Mr. Lotz thought Commission aware of the facts and did not think more information necessary. Thought item should be taken care of now. Upon a motion duly made by Mr. Kane and seconded by Mr. Okerstrom, it was #12-344-57 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby deny Petition M-93 by R. M. Dilworth, Gulf Oil Corporation requesting permission to erect a service station with porcelain enamel exterior on Lots 31 - 36, Five Elm Park Subdivision situated on the North- east corner of Elsie Avenue and Middlebelt Road in the North- west 1/4 of Section 24, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Depart- ments as listed in the Proof of Seri ce. A roll call vote on the foregoing resolution resulted in the following: AYES: Okerstrom, Anderson, Angevine, Kane and Lotz NAYS: Greene, Walker and Robinson The secretary announced that the next item on the agenda was Petition M-87 by Samuel A. Miller requesting permission to increase authorized 50 unit two- story motel to permit the construction of a 100 unit two-story motel 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 12, 1957 from Calvin Roberts, Chief Livonia Fire Department. Messrs. Samuel A. Miller and Joseph J. Beck, Attorney, 3625 Cadillac Tower, Detroit were present. Mr. Beck stated that a review of the requirements of the City of Livonia and taking into consideration the cost of the site, useable space, contour of land and limited access everything lends itself to a 100 unit motel. Mr. Robinson questioned access onto Ann Arbor Road in that it is going down the hill quite a bit. Mr. Miller stated that they received tentative approval of access from Mr. Brown, Wayne County Road Commissioners and plan has been sent to Lansing for their approval. There is only a 31I fall. No one was present wishing to be heard either in favor of or opposed to petition as presented. 33? Mr. Robinson announced that the item would be taken under advisement and that a decision would be made December 10, 1957 at the time the petition for change of zoning in scheduled (Petition No. Z-244). Upon a motion duly made by Mr. Angevine, seconded by Mr. Kane and unanimously carried, it was #12-345-57 RESOLVED that, Public Hearing be adjourned. The Chairman declared the foregoing resolution adopted and called a recess at approximately 9:15 p.m. The Chairman called the 77th Special Meeting to order at approximately 9:31 p.m. with all present as named at the beginning and course of meeting. The secretary announced that the first item on the agenda was the proposed Hubbard Woods Subdivision located on the Southeast corner of Six Mile and Hubbard Roads in the Northeast 1/4 of Section 15. Messrs. V. B. Spalding, Spalding, DeDecker & Associates, 1405 South Woodward Avenue, Birmingham and Donald Deremo, Attorney, 33020 Five Mile Road were present. The secretary read pages 3 and 4 of petition dated November 23, 1957 signed by 325 residents objecting to proposed subdivision. Mr. Deremo stated that unless petitioner can obtain approval of proposed sub- division tonight it will push his plans back many months because of the City Council action on Ordinance pertaining to Petition No.Z-237. Mr. Pinto explained to Commission City Council's action and meaning of the "savings clause". Mr. Deremo stated that revised plat endeavors to satisfy all of the changes made prior to this meeting. Felt plat conforms to Commission's wishes. Mr. Walker stated that he thought there is doubt as to whether there is adequate tie-in with the sewer. Asked if that has been established by the Engineering Department. Mr. Robinson stated that this is a preliminary plat and that it has been established that sewer facilities are adequate to service subdivision. Mr. Walker asked whether Commission has been notified regarding this. Mr. Spalding stated that there is a letter from Wayne County. Mr. Walker asked about letter from Livonia's Engineering Department. Mr. Robinson stated that if sewer facilities are not adequate, petitioner will not be able to plat subdivision. Mr. Walker stated that it has been proposed by petitioner to tie into sewer at Myrna and Hubbard Roads. Thought Commission should know whether or not there are adequate facilities to tie into there. Mr. Robinson stated that his understanding of preliminary plat is that if someone wants to develop property he submits plat to Commission without expending too much money - than if he receives approval he brings engineering and improvement plans in. Not trying to aid petitioner but did understand that to be procedure. Mr. Walker stated he wanted information before he took action. 338CCI - Mr. Robinson stated if Commission wants this type of information Commission should request it on every subdivision that is submitted. Mr. Lotz stated Commission received communications from other departments but never from the Engineering Department. Mr. Spalding stated he discussed proposed plat with Engineering Department before it was started and they asked for certain advise about elevations etc. Was informed that the Myrna sewer is adequate. Mr. Greene stated that one of the chief ariticism uas that proposed plat is not in conformity with surrounding area on three sides and across the Six Mile Road. The changes made in his opinion are still not in conformity with surrounding area. This is the major obstacle. Mr. Deremo stated that proposed plat does satisfy all requirements of Zoning Ordinance and it is a good plat. Mr. Walker asked difference in the number of lots between two plats submitted. Mr. Spalding stated original plat showed 231 lots whereas revised plat shows 236 lots. Have included in revised plat the outlot for residential sites. Mr. Angevine thought there were still some lots too small. Mr. Spalding stated all lots will be a minimum of 7200 squ are feet. Mr. Kane stated he drives by area often and could say a few words about proposed plat - just does not conform to area. Haven't tried to conform to set back of homes existing on Six Mile Road. Mr. Walker suggested action be taken one way or another. Did not think it fair to petitioner in lieu of City Council action. Upon a motion duly made by Mr. Greene, seconded by Mr. Lotz and unanimously carried, it was #12-346-57 RESOLVED that, pursuant to a Public Hearing having been held November 19, 1957, the City Planning Commission does hereby deny approval of preliminary plat of Hubbard Woods Subdivision located on the Southeast corner of Six Mile and Hubbard Roads in the Northeast 1/4 of Section 15 be- cause it will do irreparable damage to the adjoining property owners and that its total conception is not in conformity with the surrounding area, 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 to- gether with notice having been sent to the Building Depart- ment, Superintendent of Schools, 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 the proposed Burton Hollow Estates Subdivision, No. 3 located on the South side of Six Mile 339 1878 Road approximately 2,975 feet West of Farmington Road in the Northwest 1/4 of Section 16. The secretary read letter dated December 3, 1957 from Edwin M. Orr, Acting City Engineer and Dave Meinzinger, Director of Public Works. Mr. Stephan F. Slavik was present. Mr. Walker asked about park and school sites. Mr. Slavik stated that the School Board has tentatively approved site. Mr. Walker asked about additional area Parks and Recreation Department requested. Mr. Robinson stated that he had talked to Mr. Dave Meinzinger and that their main objection to site as shown is that the homes will back up to the park and school sites. Mr. Slavik stated that to eliminate the homes on the one side of the streets will decrease the property value of homes fronting site and would harm entire plat. The site as shown allows 9.7 acres for school site and a little over six acres for park site. Mr. Walker stated that if the Park and Recreation Department is serious enough about additional land they could take property after Commission gives tentative approval. Mr. Robinson asked Mr. Slavik whether he would be willing to hold development on lots in question for a reasonable length of time. Mr. Slavik stated it will take at least a year before he will be developing area and that at that time the Park and Recreation Department should be able to find out what they can and cannot purchase. Mr. Robinson suggested a specific length of time to hold parcel open for purchase by City. Mr. Anderson suggested a 5+ walkway to school and park sites for children and questioned Grove Ct. and whether the Fire and Police Department would have sufficient access. Mr. Robinson stated that in a similar situation the School District requested that a walkway not be left for children. Lieutenant Perry stated that the Fire Department has been on record and that it has no objection to Grove Ct. as shown. Mr. Slavik stated that in his opinion it is not good planning to have school and park sites face residential lots. Mr. Kane stated that in other subdivisions Commission has approved lots above Lot 559. Mr. Walker asked Mr. Pinto if Commission approves plat tonight whether City could pick up lots if it wanted them and there is available money. Mr. Pinto stated that the City Council is in a better position to know financial situ- ation of City to take care of park site. Mr. Okerstrom asked about a fence around park and school sites. Mr. Slavik stated that in Detroit the fence is put in by them and that in Livonia the people put fence in. If the City of Livonia and the School Board wants him to IL: put fence in that will be considered at the time the transaction is made. Upon a motion duly made by Mr. Kane, seconded by Mr. Walker and unanimously carried, it was 340 nom.+ #12-347-57 RESOLVED that, because all of the Commission's questions have been satisfactorily answered and pursuant to a Public Hearing having been held November 19, 1957 the City Planning Commission does hereby give approval to the preliminary plat of Burton Hollow Estates Subdivision, No. 3 located on the South side of Six Mile Road approximately 2,975 feet West of Farmington Road in the Northwest 1/4 of Section 16, 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, Fire Department, Police Department Parks and Recreation 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 the final approval of the proposed Imonen Subdivision located in the Northwest 1/4 of Section 3. The secretary read letter dated October 23, 1957 from Mrs. Marie Clark, City Clerk addressed to Mr. Imonen. Mr. Ed Imonen was present. Mr. Imonen stated that there have been no changes to proposed plat since approval of Commission October 1, 1957. Upon a motion duly made by 4r. Lotz and seconded by Mr. Kane, it was #12-348-57 RESOLVED that, final plat of Imonen Subdivision located in the Northwest 1/4 of Section 3 be given final approval and FURTHER RESOLVED, inasmuch as it appears in the records that tentative approval of said proposed plat was given by the City Planning Commission October 1, 1957; and it further appearing pursuant to letter from the Department of Public Works under date of October 9, 1957 that no public improvements are required to be installed in said proposed subdivision and further recommending that no improvement bond be filed, it would therefore appear that all the conditions necessary to the release of building permits have been met and the Build- ing Department is hereby so notified.. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Okerstrom, Angevine, Kane, Walker, Robinson and Lotz NAYS: None NOT VOTING: Anderson The secretary announced that the next item on the agenda was final approval to the proposed Har-Lo Subdivision located in the Southwest 1/4 of Section 24. The secretary read letter dated December 2, 1957 from Marie W. Clark, City Clerk. Mr. Louis Begin was present. Upon a motion duly made by Mr. Kane and seconded by Mr. Walker, it was 341 1880 #12-349-57 RESOLVED that, final plat of Har-Lo Subdivision located in the Southwest 1/4 of Section 24 be given final approval, and FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission August 7, 1956 and June 18, 1957; 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 August 22, 1957 and November 21, 1957; and it further appearing that a bond in the amount of $58,000 to cover the installation of improvements has been filed in the office of the City Clerk under date of November 26, 1957; such bond having been approved by Charles J. Pinto, Asst. City Attorney under date of November 29, 1957 it would there- fore appear that all the conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Okerstrom, Kane, Walker, Robinson and Lotz NAYS: None NOT VOTING: Anderson and Angevine The secretary announced that the next item on the agenda was Petition No. Z-239 by John G. Lane asking that the zoning classification of Lots 1 - 14, and Lots 474 and 475, Schanhitels Marquette Manor Subdivision located on the Northeast corner of Deering Avenue and Plymouth Road in the Southeast 1/4 of Section 25 be changed from C-2 to M-1. Mr. Clarence R. Charest, Attorney, 33636 Five Mile Road was present. Mr. Okerstrom asked whether there is an alley between Lots 474 and 475 and the lots fronting Plymouth Road. Mr. Charest stated there is. Mr. Okerstrom stated it is his understanding that petitioner wants these two lots for parking purposes. Mr. Charest stated that that is correct. Mr. Robinson asked whether there is any objection to having Lots 474 and 475 zoned P-1 instead of M-1 as requested. Mr. Charest stated that his client would prefer lots zoned M-l. Mr. Walker asked depth of rezoning. Mr. Charest stated the total will be 2051 from property line. Mr. Okerstrom felt Lots 474 and 475, which will never be used for M-1 purposes anyway, should not be zoned M-1. Mr. Robinson stated all of the property West of request is M-1 or M-2. Mr. Okerstrom stated that there are several Homes back of parcels in question. Mr. Walker stated that the bulk of the property between Plymouth and Schoolcraft Roads and Middlebelt Road will be used for industrial purposes. There will be three neighborhoods that will maintain their residential use and this corner is one of them. 34[2 Mr. Robinson stated that according to the Ordinance there will be a 201 greenbelt. Upon a motion duly made by Mr. Kane, seconded by Mr. Greene and unanimously carried, it was #12-350-57 RESOLVED that, City Planning Commission allow residents from the floor opportunity to discuss Petition No. Z-239. The Chairman declared the foregoing resolution adopted. Mr. Brodie Burkett, 11700 Cavell stated if Lots 474 and 475 are rezoned by Commission where are we to stop. Mr. Robinson stated that conditions are changing continually. Mr. Burkett stated he is not objecting to change on Plymouth Road but does object to lots North of Plymouth Road. Mr. H. A. Brown, 11950 Cavell felt request is crowding in on subdivision. There are an additional 50 homes going in and request if granted will ruin neighborhood completely. Mr. Charest stated Messrs. Brown and Burkett live two streets away from property in question. The lots are presently zoned R-1 but are surrounded entirely by parking, commercial and industrial. Area will not be harmed by change of zoning. Mr. Lotz read recommendation dated October 3, 1957 by Albe Munson, Planning Consultant. Mr. Walker asked whether parcel will comply with existing M-1 regulations. Mr. Pinto stated that the present use is non-conforming and that as such does not have to conform to existing regulations. It was established that the request in petition mentions that property is zoned C-2 only whereas Lots 474 and 475 are actually zoned R-1. Mr. Pinto stated that the purpose of the notice is to notify the people in area that a change of zoning is to take place. In this case the purpose of the notice has been satisfied in view of the fact that there are residents present. Upon a motion duly made by Mr. Lotz and seconded by Mr. Kane, it was #12-351-57 RESOLVED that, pursuant to a Public Hearing having been held November 5, 1957 on Petition No. Z-239 as submitted by John G. Lane for a change of zoning in the Southeast 1/4 of Section 25 from R-1 and C-2 to M-1, the City Planning CommissiOn does hereby recommend to the City Council that Petition No. Z-239 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of October 10, 1957 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, City Departments and petitioner as listed in the Proof of Service. 343 1882 A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Anderson, Angevine, Kane, Walker, Robinson and Lotz NAYS: Okerstrom The secretary announced that the next item on the agenda was Petition No. Z-220a by Maria Gargaro asking for a change of zoning classification on Parcel 13K8b located on the Northwest corner of Harrison Avenue and Five Mile Road in the Southwest 1/4 of Section 13 from C-1 to C-2. The secretary read letters dated November 9, 1957 from Raymond and Helen McCullough and dated November 13, 1957 from Walter J. Abraham. Mr. Walter Abraham was present. Mr. Okerstrom was temporarily excused from meeting at approximately 11:10 p.m. The secretary read recommendation dated May 13, 1957 by Albe Munson, Planning Consultant. Mr. Okerstrom returned to meeting at approximately 11:16 p.m. Upon a m otion duly made by Mr. Lotz and seconded by Mr. Kane, it was #12-352-57 REED LVED that, pursuant to a Public Hearing having been held November 5, 1957 on Petition No. Z-220a as submitted by Maria Gargaro for a change of zoning in the Southwest 1/4 of Section 13 from C-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition No. Z-220a be denied, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of October 10, 1957 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumer Power Company, City Departments and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Anderson, Angevine, Kane, Walker and Lotz NAYS: Okerstrom and Robinson The secretary read letter dated November 21, 1957 from William N. Ponder, City Attorney and Charles J. Pinto, Asst. City Attorney regarding suggested amend- ment to Resolution No. 11-323-57 adopted by the City Planning Commission November 5, 1957. Upon a motion duly made by hr. Kane, seconded by Mr. Okerstrom and unanimously carried, it was #12-353-57 RESOLVED that, Resolution No. 11-323-57 adopted by the City Planning Commission November 5, 1957 be amended to read as follows: "RESOLVED that, pursuant to the report and recommendation of the Bureau of Inspection dated October 21, 1957, the 344 City Planning Commission does herein authorize the release of bond dated September 12, 1956, in the amount of $25,000 by the Saint Paul Mercury Indemnity CD Company posted with the City in connection with topsoil removal operations performed under Permit Nos. 32 and 35 (Applications TA17 and TA22) issued to Edward and Leonard Raniszeski, d/b/a/ Raney Brothers; it appearing from the above report that all ordinance provisions and rules and regulations have been complied with; and the City Clerk is herein authorized to do all things necessary to the full performance of this resolution." The Chairman declared the foregoing resolution adopted. Lieutenant Perry was excused from meeting at approximately 11:25 p.m. Upon a motion duly made by Mr. Kane, seoonded by Mr. Okerstrom and unanimously carried, it was #12-354-57 RESOLVED that, minutes of meeting November 5, 1957 be approved except that for such meeting member was not present that he abstain from voting. The Chairman declared the foregoing resolution adopted. The secretary read letter dated November 19, 1957 from Marie W. Clark, City Clerk regarding Resolution No. 900-57 adopted by the City Council November 11, 1957 referring to City Planning Commission for report addition to Section 4.46, Major Street Setback to Zoning Ordinance. The secretary also read proposed ordinance. Mr. Walker stated in his opinion proposed ordinance will interfere with Commission's thought of access road and wide lots on mile and half mile roads with turn around. Proposed ordira nce does not fit into Commission's Planning at all. Mr. Robinson stated that there are also legal entanglements. Mr. Greene thought proposed ordinance too inflexible. Upon a motion duly made by Mr. Lotz, seconded by Mr. Kane and unanimously carried, it was #12-355-57 RESOLVED that, pursuant to the request contained in City Council Resolution No. 900-57 in regard to the proposed ordinance which would establish a Major Street Setback, the City Planning Commission submits the following comments and recommendations to the City Council by way of report: It appears that the proposed ordinance creates excessive and possibly unreasonable front yard requirements; deprives an owner of the use of a substantial amount of his property; individuals desiring to build on major streets will be in effect discriminated against by this ordinance 345 1884 in that they are required to maintain a greater set back than persons building on other streets; the ordinance, at least as it has been presented to us, is too rigid and inflexible - by this we mean that the Commission foresees difficulty in applying this ordinance to the many and varied situations that are presented to us; this proposal would also interfere with the Commission's plan for encouraging access roads and wider lots on major streets and likewise is in conflict with many of the Planning Consultant's recommendations; the attorney assigned to the Commission indicated that such ordinance might likely be considered by the Court to be confiscatory, arbitrary and unreasonable in that it bears no reason- able relation to the public health, safety and welfare; that the Commission believes the present 40' setback requirement as provided in Section 4.27 in the ordinance is more reasonable though perhaps such section needs amendment at this time in order to make more broad its application; in summary we believe that the proposed ordinance does not at all fit into the Commission's planning. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Lotz, seconded by Mr. Walker and unanimously carried, it was l2-356-57 RESOLVED that, City Planning Commission reconsider Petition M-93 by R. M. Dilworth, Gulf Oil Corporation requesting permission to erect a service station with porcelain enamel exterior on Lots 31-36, Five Elm Park Subdivision located on the Northeast corner of Elsie Avenue and Middle- belt Road in the Northwest 1/4 of Section 24. The Chairman declared the foregoing resolution adopted. Mr. Lotz informed Commission that he believes there are Court Cases whereby similar Gasoline Service Station Ordinances as proposed by Commission have not been upheld in Court. Upon a motion duly made by Mr. Walker and seconded by Mr. Greene, it was #12-357-57 RESOLVED that, pursuant to a Public Hearing having been held December 3, 1957, the City Planning Commission does hereby grant Petition M-93 by R. M. Dilworth, Gulf Oil Corporation requesting permission to erect a service station with porcelain enamel exterior on Lots 31 - 36, Five Elm Park Subdivision located on the Northeast corner of Elsie Avenue and Middlebelt Road in the Northwest 1/4 of Section 24 be- cause it is a conforming zone and Commission doubts that corner will be used for anything other than commercial use and economically and as a neighborhood buffer gas station is as good as anything else, and 646 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 that inview of the fact the City Attorney feels the Commission should have a reason for denying petition that will if necessary hold up in Court and Mr. Lotz's comments regarding other gas station ordinances, did not see how Commission can deny request. The Commission is not in a position to say that service station will not be economically feasible. A roll call vote on Resolution No. 12-357-57 resulted in the following: AYES: Greene, Angevine, Kane, Walker, Robinson and Lotz NAYS: Okerstrom and Anderson Mr. Lotz made the following motion which died for lack of support: RESOLVED that, City Planning Commission hold election of officers. Mr. Okerstrom stated in his opinion there should be a full Commission. It was decided that nominations would be held and that the ballots would be cast at the next meeting, December 10, 1957. Upon a motion duly made by Mr. Walker, seconded by Mr. Greene and unanimously carried, it was #12-358-57 RESOLVED that, nominations be held at this time for election of officers December 10, 1957. The Chairman declared the foregoing resolution adopted. The following nominations were made for Chairman: Mr. Lotz nominated William R. Robinson Mr. Kane nominated Charles Walker Upon a motion duly made by Mr. Okerstrom, seconded by Mr. Angevine and unanimously carried, it was #12-359-57 RESOLVED that, nominations for Chairman of the City Planning Commission be closed. The Chairman declared the foregoing resolution adopted. The following nomination was made for Vice-Chairman: Mr. Greene nominated H. Paul Harsha Upon a motion duly made by Mr. Kane, seconded by Mr. Okerstrom and unanimously carried, it was #12-360-57 RESOLVED that, nominations for Vice-Chairman of the City Planning Commission be closed. 347 The Chairman declared the foregoing resolution adopted. The Following nominations werenade for Secretary: 1[46, Mr. Walker nominated Fred A. Lotz Mr. Kane nominated Robert L. Angevine Upon a motion duly made by Mr. Okerstrom, seconded by Mr. Lotz and unanimously carried, it was #12-361-57 RESOLVED that, nominations for Secretary of the City Plan- ning Commission be closed. The Chairman declared the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted this 77th Special Meeting was duly adjourned at approximately 12:05 a.m., December 4, 1957. t7 Fred A. Lotz, Secretary pro to ATTESTED: William R. Robinson, Chairman