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HomeMy WebLinkAboutPLANNING MINUTES 1958-05-20 2030 11 MINUTES OF THE 91ST REGULAR MEETING AND A PUBLIC HEARING OF THE CIT? PLANNING COMMISSION OF THE CITY OF LIVONIA On May 20, 1958 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 Regular Meeting to order at approximately 8:10 p.m. Members presents Robert Greene, H. Paul Harsha, Dennis Anderson, Robert L. Angevine, Fred Lots, Leonard Kane, Charles Walker, William R. Robinson, Wilfred Okerstrom Members absent: None Mr. Charles Pinto, Assistant City Attorney was present with approximately 100 in- terested persons. The Secretary announced the first item on the agenda was Petition M-107a by Raymond Schreiber requesting permission to erect drive-in theatre on the North side of Plymouth Road between Levan and Newburgh Road and situated in the Southwest 1/4 of Section 29, located approximately 900 ft. west of the Northwest corner of Levan and Plymouth. Mr. Raymond Schreiber, petitioner and Mr. Shapero, Attorney were present. The Secre- tery read several letters from surrounding cities which have drive-in theatres opera- ting at the present time; Township of Redford, City of Troy, and City of Dearborn. A letter was also read which was received from the Country Homes Association, Inc. dated May 20, 1958. I: Mr. Greene asked since this petition had been acted upon at the last meeting, were there any changes warranting this repetition. Mr. Schreiber stated there were no changes other than the information received from the surrounding cities. Mr. Walker stated that at the last meeting a question arose in relation to the egress and ingress on Plymouth Road and that a different plan would be prepared. Mr. Shapire stated that the set back was changed to 730 ft., and also that a plot plan had been submitted. Mr. Anderson stated that he would like to see the exit on Plymouth eliminated. It was ascertained from the amended plot plan that the exit on Plymouth would be 300 ft. from the westerly line of property. Mr. Greene asked how far the ticket booth would be located from Plymouth. Mr. Shapero stated 730 ft. Mr. Greene then asked how many cars could occupy 730 ft. Mr. Shapero answered approximately 35 cars, and also that with the number of ticket booths they would have they could take 70 cars off of Plymouth Road at one time. Mr. Greene stated that the Drive-in theatre on US 10 North of Pontiac causes quite a traffic jam and blocks up traffic for one mile. Felt that a drive-in theatre would cause more of a traffic problem than any factory because of the bottleneck that Lwould be created at the ticket booth. It is stated that 70 cars can be taken off of Plymouth at one time but if the program is particularly attractive, a situation sim- ilar to the one on US 10 would occur. Felt that he could not approve this petition because the City Planning Commission is charged with the public safety and welfare of the City. , 2031 iMr. Schreiber felt that the Pontiac Drive-In could not be used as a good example I: since their ticket booth was located so close to the street and could only take care of four or five cars at one time. Felt that with the set back of 730 feet and number of ticket booths planned, this would not occur on Plymouth Road. Mr. Greene concurred that the Pontiac Drive-In is a bad example but that the same .situation applies to the drive-in located on Eight Mile Road and Schaefer Road and hat this entrance is set back from the road. Asked the petitioner if there was any 'way that the egress and ingress could be eliminated from Plymouth Road entirely. •Mr. Shapero stated he did not think this would be feasible, that the public wouldn't be attracted to a drive-in with the entraces located on the side street. Mr. Greene asked why a sign couldn't be erected on Plymouth directing them to the side street. But Mr. Shapero did not feel that this would help, and that it was their thought that Plymouth Road should be widened, sooner or later, which would be helpful to take care of any excess traffic. Mr. Lotz stated if Plymouth is ever widened, that would take that much off of the front part of the lot which would make less room for cars. Mr. Anderson asked again why the exit couldn't be taken away from Plymouth, have only the ingress on Plymouth and the egress on Levan Road. Mr. Shapero stated that they could enlarge the drive in the front of the theatre, having less grass area which would make more room for cars. IL: Mr. Robinson asked if there were any persons present in the audience who wished to speak. Mr. J. O'bey, 30733 Grandon asked how was it possible for the theatre to be located 1,000 ft. from the residential which is required in ordinance. Mr. Robinson stated that the petitioner had set the theatre back 730 ft. to comply with the ordinance. Across Plymouth there was an area of commercial zoning in front of the residential which made it possible to have the 1,000 ft. required. Mrs. Hollander, 11966 Newburgh Road stated that there wasn't a 1,000 ft. distance from the drive-in theatre to their subdivision, but it was ascertained by the Com- mission after examining the plat book that there was approximately 1,100 ft. from Newburgh Road East to Westerly line of drive-in. * Mr. Okerstrom arrived at approximately 8:35 p.m. Dr. Gadebusch, 35912 Orangelawn stated his objection to the drive-in was that this area in question is too conjested to carry any extra load on Ann Arbor Road and Plymouth. Felt that Levan is not adequate to carry the traffic from the drive-in theatre. Mr. Frank Gokay, 35552 Parkdale, representing the Civic Association, stated that they had had a traffic count made for a twenty-four hour period at Ann Arbor and Plymouth in September, 1957 which totaled 23,330 cars; broken down, the traffic count between Le1 6 and 7 in the evening was 1,488, between 7 and 8, 1,025; later in the evening from 11 to 12, 552 and from 12 to 1, 681. If 1,000 cars are added to this count, it is obvious that this area cannot take this load. Levan Road is unable to take care of extra traffic and when the drive-in and Ford Motor Company are discharged at the same time, it would be impossible to take care of this load. The traffic going East m 2032 and South would have to take Wayne, which is also unable to take care of any extra ILload, which would mean that some traffic would use the Subdivision roads, Parkdale and Leon which would create a traffic situation that would be one of the worse in this area. We have an accident report for this area, Leven, Ann Arbor Road, Newburgh and Plymouth. In 1957, 26 property damage, 5 injury; 1958, 14 property damage. Public safety ties in with traffic conjeetion - this drive-in would create a safety h. ,ard. Also, when land is used, that is presently zoned industrial, for a drive-in, 4..3 value per square foot is somewhat less than the valuation of an industrial estab- lishment. N:r. H. Kane, 35878 Parkdale, stated that the drive-in at Warren and Wayne created a ':raffia jam at that intersection whenever the theatre is let out. This drive-in would also create a definite traffic jam. Rev. Jones stated he agreed with the Civic Association concerning the traffic hazard; he could verify this by an incident that had occurred just recently. There was an accident on Edward Hines Driveway and within ten minutes another car had collided between Edward Hines Driveway and Plymouth. Also stated that Ordinance 145 did not allow any nuisances, noise and commotion. Mr. Schreiber stated that he felt there wouldn't be any noise since the radios were inside of the cars and that no noise came from the screen. But Mr. Robinson stated that if the film broke, there was always noise because of the honking of the horns. Mr. Shapero stated that there would never he 1,000 cars in the theatre at one time. l[s Mr. Robinson stated that a motion was in order to disapprove or approve the petition. Mr. Greene stated that in view of the discussion we have had this evening in the matter of public safety and the traffic hazard involved, also the recommendations of our own Traffic Commis on a_r-1 Police Department, and in view of the fact that this cannot help but be a nu13anc' , I would like to move that this request be denied. Mr. Lotz supported Mr. Greene?s motion. #5-103-58 RESOLVED, that having conducted a public hearing on April 15, 1958, in connection with Petition M-107a of Raymond Schreiber requesting permission to erect a drive-in theatre in the Southwest 1/4 of Section 29, and having considered the negative recommendations of the Traffic Commission and Police Department together with the numerous objections raised at such public hearing, the Planning Commission does herein deny the above petition and the request contained therein for the following reasons: (1) Because the erection of a drive-in theatre will more than likely create an uncontrollable traffic safety problem in a certain portion of this community; (2) Because the peculiar characteristics of a drive-in theatre, if situated at this location, will create a serious and hazardous condition to the public health, safety and wel- l: fare by causing inadequate roads awkwardly situated to be used by an excessive number of motor vehicles; and (3) Because the noise, confusion and disturbance commonly associated with and incidental to this type of commercial enterprise will seriously impede and interfere with the 10 2033 peaceful enjoyment of residents situated reasonably close IL: to the proposed site of this installation. FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. A roll call vote resulted in the following: AYES: Anderson, Greene, Lotz, Marsha, Okeratro¢n NAYS: Kane, Walker, Angevine, Robinson The Chairman declared the foregoing resolution adopted and petition for permission to erect drive-in theatre is denied. The Chairman declared a recess at approximately 9:00 p.m. The Meeting was again called to order by the Chairman at approximately 9:15 p.m. with approximately 30 persons present. The Secretary announced the next item on the agenda was Petition No. 2-280 by the City Planning Commission on its own motion asking for a change of zoning classifica- tion on a parcel of land, measuring 500 ft. by 500 ft. located on the Northwest cor- ner of Six Mile Road and Inkster Road and situated in the Southeast 1/4 of Section 12, be changed from C-2 to C-1. ILThe Secretary read a letter dated May 7, 1958 received from the Board of County Road Commissioners requesting that the owner of the above-referenced property be required to set back all improvements 60 feet from the center line of the road to conform to the future right-of-way line of Inkster Road. Mr. Mark Jacobson, representing owners of property, stated he had checked the zoning ordinance to determine what the change C-2 to C-1 would involve. Specifically, they are going to use this property for a super market, drug store, etc. After checking with the Bureau of Inspection and Mr. Pinto, Assistant City Attorney, it was ascer- tained that a shopping center was allowed in a C-1 zoning and at this point he would like to go on record as consenting to the petition. Mr. Theodore Barthell, stated they were the purchasers of the property and had made a preliminary plan of the proposed shopping center which only shows the Food Fair Market at the present time. A drug store will be added later. Asked if a cleaning estab- lishment and a bank would be allowed in C-i zoning. It was ascertained that in C-2 a bank is allowed but not in C-i. Mr. Lotz asked if the bank would come under business and professional offices, but Mr. Pinto stated it could not be construed that a bank is a business office, strictly a commercial use. If this petition is approved, Mr. Barthell would have to petition for a rezoning of a specific area for a usage that is not included in C-1 zoning. This would apply to banks and cleaning establishments. Mr. Haraha stated that C-2 zoning incudes bank:; C-1 does not. The Commission made up the ordinance to definitely not include banks in C-1 zoning. I[: Mr. Barthell asked if a Federal Savings & Loan Association would be a bank and not included in C-1 zoning. This was ascertained as correct. 2034 94r. Robinson informed Mr. Barthell that he could come back and petition to rezone for IEC-2 in this particular area. Mr. Pinto stated that it could be considered to delete a section to remain C-2 and not rezone the whole area to C-1. Mr. Barthell asked why the rezoning to C-1 when it had been zoned C-2. Mr. Robinson stated that the Commission had felt that C-1 would conform more with the surrounding area and that it would be a better protection for the adjacent property owners with a C-1 zoning. There were more objectionable usages in C-2 zoning. Mr. Pinto stated that one solution would be to have the City Council amend the zoning ordinance to allow cleaning establishment and eliminate "pickup" in C-1 zoning and perhaps permit banks both in C-1 and C-2. Also, that any private deed restrictions between Mr. Jacobson and the property owners in tris area will not be challenged by the City. If Mr. Jacobson and the owners enter into private deeds it is incumbent upon the people that they will see that it is enforced and the City can not be a part of or enforce private deed restrictions. Mr. Harsha stated that under the present ordinance any one requesting permission for a cleaning establishment would have to come before the Commission for approval. Mr. Robinson asked if there were any persons present who wished to speak at this time. Mr. Caffrey stated he would like to know what the advantages were for his client in a C-1 zoning than the C-2 zoning. It was ascertained there were no differences in I: relation to the gas station his client was erecting. Mr. Walker stated that under C-2 zoning, a dry cleaning place would require 70% of the property owners' approval within 300 ft. This area in question is 500 x 500. Would that mean that in this case a dry cleaning establishment would not need the approval of the people. Mr. Robinson stated that the 300 ft. would start at the commercial property line. Mr. Harsha stated ordinance said frontage within 300 ft. Mr. Pinto stated within 300 ft. frontage would have to have owner's consent, but that the back part of the property did not count. Mr. Alan Walt, 17508 Pershing, Livonia Meadows Home Owners Association stated that when this petition was put in for C-1 from C-2, it was done to prevent a shopping center; now I understand that a shopping center is allowed in C-i. Mr. Donald Bachman, 18801 Lathers stated it was their impression that a super market would not be allowed in a C-1 zoning because it would require more than 5 employees. Mr. Pinto stated that there is nothing in the C-1 zoning that will prevent a super market in C-1 area. Retail stores are allowed. As to the reference of 5 employees, it states in Subsection (d) of the C-1 zoning net "Shops producing merchandise to be sold at retail on the premises, provided that the services of not more than five (5) persons are required to produce such merchandise." It is understood that a super market does not produce =:;.s own merchandise. Mr. Greene asked if they woui.- objc .i, to those t*o uses' bank and dry cleaning store, and Mr. Walt ans,Tered trot to bank : as alright but thc., the property owners on Vargo which backs to the commer.;ial area might object to the cleaning store. Mr. Robinson stated that any dry cleaning store would have to come before the Planning Commission for approval before it could be erected. 2035 ,Mr. D. Bachman thought that the plan should be redesigned for better parking and if IE: it is going to be changed the public should have a chance to speak. Mr. Robinson stated that this plot plan has no bearing on this zoning petition. Mr. Greene stated that it could be rezoned to C-1 now, and then the particular area which would include the cleaning establishment and bank could be brought back before the Planning Commission to zone it back to C-2 to allow both businesses. At this time Mr. Jacobson stated he wanted to withdraw his previous consent to peti- tion, and asked if this petition couldn't be tabled until a change in the zoning ordinance is made to include banks and cleaning establishments, and then to bring this petition up again at that time. Mr. Robinson said that the zoning ordinance could be amended to allow banks. Mr. Walt stated if this is tabled, and since it is zoned C-2 now, the builder could go ahead with anything allowed in C-2. The Chairman at this time stated that this item would be taken under advisement until the next Study Meeting. Mr. Jacobson asked if the Planning Commission could recommend to the City Council that both of the above uses be included in the C-1 zoning. Mr. Marsha stated that certain restrictions would have to be made for the cleaning establishments, as to what processes they can use. Mr. Greene questioned whether or not processes can be prescribed in a zoning ordinance and Mr. Harsha stated they can. 11[: Mr. Robinson stated that this item will be taken under advisement for further con- sideration. The Secretary announced the next item on the agenda was Petition No. Z-274 by H. DeMichael & Silvino J. DeMichael asking for a change of zoning classification on 6.86 acres of land located on the East side of Merriman Road approximately 1,000 ft. South of Chesapeake & Ohio Railroad and situated in the Southwest 1/4 of Section 26 be changed from R-1 to M-1. Mr. DeMichael, petitioner, was present. Mr. Lots stated that this area was RUF and not Ri as stated in petition. The Secretary read letter submitted by the Board of County Road Commissioners, dated May 7, 1958, requesting that the owner of the above-referenced property be required to set back all improvements 60 feet from the center line of the road to conform to the future right-of-way line of Merriman Road. The Commissioners examined the plat book as to the zoning of the surrounding area. It was ascertained that this item would be taken under advisement for further study and suggested to petitioner that the owners of the property next to his should petition to have their property rezoned also so that all the properties would conform with the zoning presently there. Upon a motion duly made by Mr. Kane that this item be tabled until the other property I: owners petition for a rezoning, supported by Mr. Lotz end unanimously carried, it was #5-104-58 RESOLVED that, Petition No. Z-274 by H. DeMichael & Silvino J. DeMichael asking for a change of zoning classification on 6.86 acres of land located on the East side of Merriman Road approxi- mately 1,000 ft. South of Chesapeake & Ohio Railroad and situated 2036 in the Southwest 1/4 of Section 26, from R1 to Ml, be tabled until adjacent property owners petition for rezoning. 1 The Chairman declared the foregoing resolution adopted. The Secretary announced the next item on the agenda was Petition No. Z-276 by Michael Phillips asking for a change of zoning classification on a parcel of land located An the South side of Six Mile Road approximately 500 ft. East of Middiebelt and situated in the Northwest 1/4 of Section 13, be changed from RUFB to C-1. The Secretary read message from Mr. Phillips received that afternoon that he desired his petition be withdrawn. Mr. York, 16480 Rougeway Drive stated he had no objections, in view of the with- drawal. Mrs. Bachman, 18801 Lathers stated her objection to the petition. Upon a motion duly made by- Mr. Angevine, supported by Mr. Anderson and unanimously carried, it was #5-105-58 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-276 on Tuesday, May 20, 1958, as submitted by Michael Phillips for a change of zoning in the Northwest 1/4 of Section 13 from RUFB to C-1, the City Planning Commis- sion does hereby recommend to the City Council that Petition I[: No. Z-276 be withdrawn as requested by petitioner, Michael Phillips, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of May 1, 1958 and notice of which hearing was sent to The Detroit Edicson 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 motion is carried and petition is withdrawn. The Secretary announced the next item on the agenda was Petition Z-277 by Carey ;:owes, Inc. asking for a change of zoning classification on a parcel of land located on the North side of St. Martins, approximately 1,300 ft. West of Middlebelt and situated in the Southeast 1/4 of Section 2, be changed from RUFB to Rlb. Mr. Lotz asked why petitioner requested R1B instead of R1A. Mr. Karabenick stated that he believed that R1B wo l d conform more with the surrounding homes in area. _T.t was ascertained that the area in question is to the west and south of Mr. Ka,rabenick?s Carey Meadows Subdivision and that there would be five lots, 60 x 140 in size. There were no other questions from the Commission and no one in the audience who 1Ewished to speak for or against petition, at which time a motion was in order to approve or disapprove petition. Mr. Lotz made a motion to deny petition. There was no support to motion. Motion died for lack of support. r 2037 'Mr. Okerstrom stated he felt that this petition would make this neighborhood super- ior than others existing, that new homes in this area would far surpass anything 1[10 that is already there, consequently felt that petition should be granted. Mr. Greene inquired as to the size of house and it was ascertained by Mr. Karabenick they were 930 sq. ft. in area. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Kane, it was #5-106-58 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-277 on Tuesday, May 20, 1958, as submitted by Carey Homes, Inc. for a change of zoning in the Southeast 1/4 of Section 2 from RUFB to R1B, the City Planning Commission does hereby recommend to the City Council that Petition No. Z-277 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of May 1, 1958 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Anderson, Okerstrom, Greene, Kane, Walker, Harsha, IL Angevine, Robinson NAYS: Lotz The Chairman declared the foregoing resolution adopted and petition is granted. The Secretary announced the next item on the agenda was Application TA 37 by Raney Brothers asking for permission to remove top soil from the Northwest corner of Lyndon Road and Newburgh Road and situated in the Northeast 1/4 of Section 19. Mr. Raney was present. The Secretary read report from Police Department dated May 12, 1958, and a letter dated May 19, 1958 from a Mr. Wilfred R. Cann objecting to the removal of topsoil from this area. Mr. Walker, Chairman, Topsoil Committee reported that this area falls within the boundary of the Castle Gardens Subdivision which we tentatively approved. It is in an area of very few homes. Topsoil will have to be removed so that the subdivision can be built. Mr. Lotz concurred. Mr. Greene asked about over-cutting below the grade level. Mr. Raney stated that t :oy have removed 9 inches of the back part of the property. Also, they ere putting a $10,000.00 cash bond up in case they do go below the 9 inches; also that the heavy trucks will not be on Newburgh Road. Upon a motion duly made by Mr. Kane that application be granted, subject to $500.00 bond per acre and also subject to the recommendations of the Police Department and the Engineering Department; supported by Mr. Walker, and unanimously carried, it was 1[40 #5-107-58 RESOLVED that, pursuant to a Public Hearing having been held 2038 on Tuesday, May 20, 1958, the City Planning Commission does hereby grant Application TA37 by Raney Brothers requesting permission to remove topsoil from the Northwest corner of Lyndon Road and Newburg Road, parts of Parcels A3 and A4 and situated in the Northeast 1/4 of Section 19, and FURTHER RESOLVED, that approval is granted subject to recom- mendations of the Police Department and the Engineering Department; that a performance bond be fixed on the above application at $500 per acre; it is recommended that the Bureau of Inspection issue a permit to this effect, and FURTHER RESOLVED, notice of the above hearing was sent to the property owners with:It 500 feet, petitioner, City Departments as listed in the Proof of Service and recommenda- tions having been obtained from the Department of Public Works under date of May 20, 1958 and from the Police Department under date of May 5, 1958. The Chairman declared the foregoing resolution adopted and application is granted. The Secretary announced the next item on the agenda was Application TA38 by Theodore Crantz asking for permission to remove top soil from land located approxi- mately 1,500 feet from Southeast corner of 1J3wburgh and Eight Mile Road, property known as Glenbrook Estates Subdivision and situated in the Northwest 1/4 of Section 5. The Secretary read report from Police Department dated May 5, 1958, letter dated May 6, 1958 from Engineering Department stating no objection to application. A letter frau Mr. Wilfred Cann was also submitted, objecting to the removal of the topsoil. Mr. Walker, Chairman, Topsoil Committee reported that in this case this is a renewal of a previous application and this application is for the removal of the stock pile of the topsoil. Mr. Lotz concurred. No one in audience wished to be heard either in favor or opposed. Upon a motion duly made by Mr. Kane, supported by Mr. Anderson and unanimously car- ried, it was #5-108-58 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, May 20, 1958, the City Planning Commission does hereby grant Application TA38 by Theodore Crantz requesting permission to remove topsoil stockpile on property known as Glenbrook Estates Subdivision, 1,500 feet from Southeast corner of Newburg and Eight Mile Road in the Northwest 1/4 of Section 5, and FURTHER RESOLVED, that th3 dlctt t iCxt�<ivf 'the:= 'est 4t ita in in ef- t0040W4thmtsboviipTaltsltin and it is recommended that the Bureau of Inspection issue a permit to this effect, and 1[40 FURTHER RESOLVED, notice of the above hearing was sent to the property owners within 500 feet, petitioner, City Departments as listed in the Proof of Service and recommendations having 2039 been obtained from the Department of Public Works under date of May 6, 1958 and from the Police Department under date of May 5, 1958. The Chairman declared the foregoing resolution adopted and application is granted. The Secretary announced the next item on the agenda was Petition M-108 by Socony Mobil Oil Company asking permissionto erect gas station located on the East side of Merriman between Five Mile Road and Rayburn Street and situated in the Southwest 1/4 of Section 14; this is on the Southwest corner of the Merri-Five Mile Subdivi- sion, Outlot A. Mr. Pence, 903 W. Grand Blvd., Detroit 32, present representing Socony Mobil Oil Company, submitted plot plan of the proposed gas station. Mr. Wild, 9225 Merriman inquired as to set-back from Merriman and Five Mile Roads. It was ascertained that it was set back 60 ft. from center of each road. A Mr. W. R. Miller, 15500 Ingram objected to gas station because of its proximity to his located on Hubbard and Five Mile Road. Mr. Pinto stated no valid reason to stop petitioner. Upon a motion duly made by Mr. Lotz, supported by Mr. Kane and unanimously carried, it was #5-109-58 RESOLVED that, pursuant to a Public Hearing having been held Tuesday, May 20, 1958, the City Planning Commission does hereby grant Petition M-108 of the Socony Mobil Oil Company requesting permission to erect gas station on the Southwest corner of Merriman and Five Mile Road, 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 Service. The Chairman declared the foregoing resolution adopted and petition is granted. The Secretary announced the next item on the agenda was Petition M-110 by Walter T. Hall requesting permission to erect flat sign, 44 x 504 (200 sq. ft.) on front of building located on the South side of Plymouth between Middlebelt and Haller and situated in the Northwest 1/4 of Section 36. Mr. Hall was present and submitted plot plan to members of Commission. Mr. Hall in- tormed Commission that sign would not be illuminated, would be mounted flush against .•he building and only project approximately 3/4 inch over building. Upon a motion duly made by Mr. Angevine, supported by Mr. Lotz and unanimously ear- :led, it was #7-110-58 RESOLVED that, pursuant to a Public Hearing having been held Ire Tuesday, May 20, 1958, the City Planning Commission does hereby grant Petition M-110 of Walter T. Hall, requesting permission to erect flat sign 44 x 504 (200 sq. ft.) on front of building at 29215 Plymouth, located on the South side of Plymouth be- tween Middlebelt and Haller and situated in the Northwest 1/4 of Section 36, and 2040 FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Depart- meets as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted and petition is granted. The Secretary announced the next item on the agenda was Pet5.tion M-112 by Wm. J. S. Ssigh requesting permission to eruct sign 84 high x 104 wide (80 sq. ft.) to ad- vertise Square Deal Rental Co.'s trailer lot on the North side of Plymouth between Farmington and Merriman Roads and situated in the Southeast 1/4 of Section 27. Mr. Seigh not able to be present, telephoned to say he would be out of town. After a brief discussion it was decided to take this item under acv. sement. The Secretary announced the next item on the agenda was the proposed Glenbrook Estates Subdivision located on the Southeast corner of Eight Mile Road and Newburgh Road in the Northwest 1/4 of Section 5. Submitted by Howard M. Kieft, Kieft Engineer- ing. Date of submission, March 5, 1957. Preliminary approval March 19, 1957. Repe- tition for reaffirmation of approval. Upon a motion duly made by Mr. Kane, supported by Mr. Walker and unanimously carried, it was #5-111-58 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, May 20, 1958, the City Planning Commission does hereby give Howard M. Kieft, Kieft Engineering, a reaffirmation of 1[10 approval on preliminary plat, originally given March 19, 1957 on Glenbrook Estates Subdivision located on the Southeast corner of Eight Mile Road and Newburg Road in the Northwest 1/4 of Section 5, 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. The Chairman declared the foregoing resolution adopted and reaffirmation is approved. The Secretary announced the next item on the agenda was a letter by Irving Levine, Burt Homes, Inc. requesting a hearing to consider whether special hardship or in- equities due to special conditions exist in relation to Section 4.27 of Article 4.00 of the Zoning Ordinance No. 60. Mr. Levine's letter dated May 15, 1958 was submitted and read to the Commission. Mr. Pinto stated that it was impossible for Mr. Levine to comply with the recently amended Section 4.27 of Article 4.00 of the Zoning Ordinance No. 60 because his property was platted before the amendment. Mr. Walker stated he felt that if we approve this the purpose of the ordinance would be of no use. F Mr. Asquini, 14665 Flamingo concurred with Mr. Walker. Mr. Peterson also stated that a 75 ft. set back should be maintained. Mr. Okerstrom stated that this item should be studied further at a Study Meeting. 2041 Mr. Robinson informed Mr. Levine that this item will be taken under advisement and 1/14 a decision would be made within a month. lig Mr. Walker asked if the hardship Mr. Levine mentioned in letter is in compliance with the hardship mentioned in the ordinance. Mr. Levine stated this was brought up on the basis of the new ordinance. Upon a motion duly made by Mr. Okerstram, seconded by Mr. Greene and unanimously adopted it was resolved that the Public Hearing be adjourned. The Chairman declared a recess at 11:15 p.m. The Chairman called the 91st Regular Meeting to order at approximately 11:25 p.m. with all those present who were present during the course of the public hearing. The Secretary announced the next item on the agenda was Petition No. Z-269 by Jack Coleman, Unity Construction Company asking for a change of zoning classification of a Park Site located spproximately 1,300 ft. South of Five Mile Road and West of Algonquin Park Subdivision and situated in the Northeast 1/4 of Section 23 be changed from Park Site to R1A. Public Hearing April 15, 1958, item tabled until re- port from Folsom. Study Meeting April 29, 1958. Mr. Pinto informed the Commission that Mr. Folsom had asked the Law Department to forward a letter to the City Council requesting their decision .whether or not they would purchase said Park Site, which they had done but had not received any answer as yet. IL: Upon a motion made by Mr. Kane to have a resolution prepared by the Law Department requesting the City Council to make a decision in this matter, provided the resolu- tion is approved by the Secretary and Chairman of the Commission, and seconded by Mr. Angevine, it was unanimously carried that, #5-112-58 RESOLVED that, having considered PetitioniNo. Z-269 of Jack Coleman, 15030 Wyoming Avenue, Detroit, Michigan, requesting a change of zoning in the Northeast 1/4 of Section 23 from RUF to R1A and a public hearing having been held Tuesday, April 15, 1958, the Planning Commission does hereby recommend to the City Council that such petition be granted if the Council has determined that such property described in the petition is not going to be devoted to public park purposes in the reasonably near future and likewise the City Planning Commission recommends that the Council deny the request con- tained in such petition if the Council has determined that such property will be acquired in the reasonably near future for use as a public park, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of March 27, 1958 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. 16 A roll call vote on the foregoing resolution resulted in the following: AYES: Anderson, Greene, Okerstrom, Lotz, Kane, Walker, Marsha, Angevine, Robinson NAYS: None :' s 2042 r The Chairman declared the foregoing resolution adopted and petition will be forwarded IL: to City Council. The Commission decided at this time to take up Item #17 on the agenda in order that petitioner and Attorney for petitioner would not have to be detained any longer. The Secretary read Item #17, Rasak Subdivision #2 approval of preliminary plat located on the West corner of Seven Mile Road and Stamford Avenue in the Northeast 1/4 of Section 9 submitted by Mr. Robert Lorion, Attorney for Mr. Joseph Rasak. Submitted March 11, 1958, public hearing, May 6, 1958. Mr. Lorion was present and stated that this plat does not differ from the previous one submitted except letter from Mr. Gannon, Health Department in regard to any more percolation tests being made. Mr. Gannon stated in letter that if a test was taken now the results would be the same as previously. The Secretary read letter dated September, 1957 from Mr. Albe Munson in relation to this subdivision. Mr. Lotz inquired as to the two lots that did not pass the first percolation test. Mr. Lorion answered they were Lots 11 and 12. Mr. Walker asked if they would be agreeable to eliminating Lot 11 and that it be designated that no house be built on Lot 12. Mr. Lotz concurred with Mr. Walker. Mr. Greene stated he questioned the validity of the test taken in October at the previous hearing for this subdivision plat which was denied and that he still objected to septic tanks on 60 ft. lots. 1[40 Mr. Lorion again stated that Mr. Gannon had specified that nothing would be gained by a test taken now and that Mr. Rasak had stated that he would give a guarantee to the property owners, which would be a written guarantee for a certain number of years for use of septic tanks under normal use. Mr. Greene asked if the Commission isn't obligated to protect the property owners re septic tanks. Mr. Pinto stated that the procedure which has been followed is that the Planning Commission approve the street and lot layout, and give tentative approval on plat, leaving the basic improvements and the establishing of the bond to the Council. Mr. Robinson stated that he felt that septic tanks will not work and that this should be brought up to the Council's attention. Mr. Lorion stated he felt that this should be left up to the Public Works Department and the Engineering Department whether or not septic tanks will work out. Mr. Anderson stated that the subdivision had previously been denied because of the usage of septic tanks, but percolation tests do show that the ground would take the water. Mr. Lorion said that nothing tangible showed that septic tanks would not work. Mr. Walker stated that we had previously recommended that percolation test be taken I: which petitioner has complied with, and which proved satisfactory. Mr. Greene felt that the Commission had an obligation to the people who are going to purchase homes in subdivision and since they are willing to provide a safeguard and guarantee in regard to the septic tanks, then a decision should be made. 2043 • Mr. Walker stated that a provision should be made in resolution stating that this ic approval does not in any way give approval to septic tanks. Upon a motion duly made by Mr. Walker that Rasak Subdivision plat be given tentative approval, supported by Mr. Angevine, it was #5-u3-58 RESOLVED that, having reconsidered the proposed Rasak Subdivision #2, pursuant to a Public Hearing having been held on May 6, 1958, said subdivision being located in the Northwest 1/4 of Section 9 in the City of Livonia, the City Planning Commission does herein grant tentative approval to the proposed plat for such subdivision; provided, however, that whereas the adequacy of basic subdivision improvements have heretofore been left to the determination of the City Council, the above tentative approval is made subject to the following conditions: (1) That this tentative approval does not in any way constitute the approval by the City Planning Commission for the use of septic tanks, and that the proprietor show to the Council that his proposed use of septic tanks to service this sub- division will not or is not likely to endanger the public ' health and safety of the adjoining community; and (2) That the proprietor show to the City Council that the sur- face and soil conditions in s:ich proposed subdivision are adequate and that septic tanks will satisfactorily function, 1[40 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, School Board President, Superintendent of Schools, Parks and Recreation De- partment, Fire Department, Police Department and members of the Plat Committee. A roll call vote on the foregoing resolution resulted in the following: AYES: Anderson, Okerstrom, Walker, Harsha, Angevine, Robinson, Kane NAYS: Greene, Lotz The Chairman declared the foregoing resolution adopted and preliminary approval is given to the Rasak Subdivision #2. The Secretary announced the next item on the agenda was Item #14, Spring Valley Sub- division #2, final approval of balance of subdivision located in the East 1/2 of Section 3, on the North side of Seven Mile Road between Osmus and Merriman. Sub- mitted by James L. Johnson. Preliminary plat approved January 15, 1957, extension granted December 3, 1957. It was decided that this item be withdrawn due to the fact that a bond was not set. IreThe Commission decided to act on Item #20 in order that various members could leave. The secretary announced the next item on the agenda was roll call vote on Resolution #5-89-58 re Amendment to Master Plan. • 2044 Mr. Pinto stated that the motion should be readopted: Upon a motion duly made by Mr. Greene, supported by Mr. Kane and unanimously car- ried, it was #5-114-58 RESOLVED that, pursuant to the provisions of Act 285 of the Michigan Public Acts of 1931, as amended and the City Planning Commission having duly held a Public Hearing on May 6, 1958 on Part II of the Master Plan for the City of Livonia, entitled Civic Center & Central Business Center, and the Planning Com- mission having given proper notice of said notice as required by law, does hereby amend Part II of the Master Plan of the City of Livonia so as to include therein that area and property hereinafter described: That the property effected and hereby included in said Part II and a detailed description of said property is contained in the attached map prepared by Albe E. Munson, Planning Consultant and made a part hereof by this reference; that the following described property is hereby reserved for public purposes and that said Part II of the Master Plan of the City of Livonia is hereby amended to include: A Parcel of Land being a part of the N.W. 1/4 of Section 22, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Being more particularly described as follows: Beginning at a point a distance South 1 degree 25 minutes West, 1303.50 feet and South 88 degrees 29 minutes East, 11[: 60 feet, said point being on the East right-of-way line of Farmington Road and proceeding thence South 88 degrees 29 minutes East, 138.0 feet; thence North 1 degree 25 minutes East, 30 feet; thence South 88 degrees 29 minutes East 102.0 feet; thence North 1 degree 25 minutes East 130.35 feet; thence South 88 degrees 29 minutes East, 720.0 feet; thence North 46 degrees 16 minutes 19 seconds East, 161.19 feet; thence North 18 degrees 54 minutes 49 seconds East, 120.47 feet; thence North 1 degree 25 minutes East 370.17 feet; thence South 88 degrees 29 minutes East, 778.29 feet; thence South 1 degree 16 minutes West, 689.19 feet; thence South 65 degrees 57 minutes East, 32.52 feet; thence South 1 degree 16 minutes West, 55.21 feet, thence South 88 degrees 30 minutes East, 129.24 feet; thence South 65 degrees 57 minutes East, 144.20 feet; thence North 24 degrees 03 minutes East, 59.88 feet; thence South 88 degrees 30 minutes East, 140.37 feet; thence South 65 degrees 57 minutes East, 58.84 feet; thence North 1 degree 17 minutes 30 seconds East, 22.77 feet; thence South 88 degrees .0 2045 minutes East, 180.00 feet; thence South 1 degree 17 minutes 30 seconds West, 301.00 feet; thence North 88 degrees 32 minutes 30 seconds West, 2583.80 feet; thence North 1 degree 25 minutes East, 497.37 feet to the Point of Beginning. that all prior resolutions or parts of resolutions in conflict herewith are hereby rescinded only to the extent necessary to give this resolution full force and effect; that this resolution shall be recorded on said map by the identifying signatures of the Chairman and Secretary of the City Planning Commission; and that an attested copy of this amendment to Part II of the Master Plan shall be certified to the Council and to the Register cf Deeds for the County of Wayne. A roll call vote on the following resolution resulted in the following: AYES: Anderson, Okerstrom, Greene, Lotz, Kane, Walker, Harsha, Angevine, Robinson NAYS: None The Chairman declared the foregoing resolution is readopted and petition to amend Master Plan is granted. Messrs. Lotz, Harsha and Greene were excused at approximately 12:00 a.m. The Secretary announced the next item on the agenda was the Butler Hills Subdivision, IL: approval of preliminary plat, located on the West side of Middlebelt approximately 1700 feet North of Six Mile and situated in the S. E. 1/4 of Section 11. Submitted by: Richard Bleznak, December 30, 1957. Public Hearing February 18, 1958. Mr. Bleznak and Mr. Spaudling, Engineer were present. The Secretary read letter from the Inspection Department, after which a motion was in order to approve or disapprove subdivision plat. Upon a motion duly made by Mr. Kane that revised preliminary plat be approved, sub- ject to conditions made at the public hearing on February 18, 1958 and a special meeting March 4, 1958, supported by Mr. Walker, it was unanimously carried, that #5-115-58 RESOLVED that, pursuant to a Public Hearing having been held on February 18, 1958, on Butler Hills Subdivision located on the West side of Middlebelt approximately 1,700 feet North of Six Mile Road and situated in the Southeast 1/4 of Section 11 in the City of Livonia, the City Planning Commission does herein grant preliminary approval of the proposed plat for such subdivision subject to the following conditions: 1. That street Bennett be changed to Mark Lane; and 2. That the set-back on Lots 266 and 265 be changed to 58 ft. to be more in conformance with the ex- isting homes; and 3. That Lot 245 be increased sufficiently to assure the minimum lot area of 7,200 sq. ft., and it 2046 FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments I: 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. A roll call vote on the f regoing resolution resulted in the following: AYES: Anderson, Ckeratrom, Kane, Walker, Angevine, Robinson NAYS: None Section 3.03, Subdivision Rules and Regulations states ".... The approval of a preliminary plat shall not constitute an acceptance of the subdivision. The final or record subdivision plat shall be submitted to the Commission within one (1) year after approval of the preliminary plat; otherwise the approval of the preliminary plat shall become null and void unless an extension of time is applied for within the year and the application is granted by the Commission ...." The Chairman declared the motion is carried and preliminary approval is given to Butler Hills Subdivision. The Secretary announced the next item on the agenda was the Carey Meadows Subdivision, reapproval of preliminary plat located on the Southwest corner of Bretton Road and Middlebelt Road and situated on the Southeast 1/4 of Section 2. Submitted by George Karabenick, Carey Homes, Inc. , January 17, 1958; public hearing February 18, 1958. Mr. Karabenick was present. The secretary read letter from Bureau of Inspection. Upon a motion duly made by Mr. Walker that preliminary approval be given to said subdivision plat, subject to any conditions on record made at public hearing Febru- ary 18, 1958, supported by Mr. Angevine, it was #5-116-58 RESOLVED that, pursuant to a Public Hearing having been held February 18, 1958 the City Planning Commission does hereby give approval to preliminary plat of Carey Meadows Subdivision located on the Southwest corner of Bretton Road and Middlebelt Road and situated in the Southeast 1/4 of Section 2, 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Anderson, Okerstrom, Kane, Walker, Angevine, Robinson NAYS: None 2047 Section 3.03., Subdivision Rules and Regulations states "... The approval of a preliminary plat shall not constitute an acceptance of the subdivision. The final or record subdivision plat shall be submitted to the Commission within one (1) year after approval of the preliminary plat otherwise the approval of the preliminary plat shall become null and void unless an extension of time is applied for within the year and the application is granted by the Commission ...t The Chairman declared the motion is carried and the preliminary plat of Carey Meadows Subdivision is approved. The Secretary announced the next item on the agenda was Petition Z-258 by Hartman and Tyner for a change of zoning in the Southeast 1/4 of Section 11 on parcels df land located on the East side of Merriman approximately 2,000 feet West of Middlebelt between Six Mile Road and Curtis Avenue, be changed from RUF to R1A. Public Hearing May 6, 1958, taken under advisement. Mr. Hartman was present. Upon a motion duly made by Mr. Angevine, supported by Mr. Kane and unanimously car- ried, it was #5-117-58 RESOLVED that, pursuant to a Public Hearing having been held on May 6, 1958 on Petition Z-258 by Hartman and Tyner for a change of zoning in the Southeast 1/4 of Section 11 be changed from RUF to R1A, the City P].annirg Commission does hereby recommend to the City Council that Petition Z258 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of April 17, 1958 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted and petition Z-258 is granted. The Secretary announced the next item on the agenda was Petition Z-272 by Nat Rosen- berg asking for a change of zoning classification on parcel of land located South of Five Mile Road approximately 1,000 ft. West of Amhurst Road between Five Mile Road and Lyndon and situated in tie Northwest 1/4 of Section 21, be changed from AG to Ri. Public hearing May 6, 1958, item taken under advisement. Mr. Howard Tripp, Engineer, representing Mr. Nat Rosenberg. Upon a motion duly made by Mr. Walker, supported by Mr. Angevine and unanimously carried, it was #5-118-58 RESOLVED that, Petition Z-272 by Nat Rosenberg be verbally amended to read R1A and not R1. 1: The Chairman declared that the foregoing resolution was adopted and petition is verbally amended. Upon a motion duly made by Mr. Walker, supported by Mr. Angevine and unanimously carried, it was 2048 #119-58 RESOLVED that pursuant to a Public Hearing having been held on May 6, 1958 on Petition Z-272 by Nat Rosenberg for a change II: of zoning in the Northwest 1/4 of Section 21 be changed from AG to R1A, the City Planning Commission does hereby recommend to the City Council that Petition No. Z-272 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of April 17, 1958 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. The Chairman declared the motion is carried and Petition No. Z-272 is granted. The Secretary announced the next item on the agend. was Petition V-29 by Harry B. Wright asking for the removal and vacating of an easement for drainage purposes in a parcel described as the east half of the east half of the Southeast 1/4 of Section 13, between Items #13R21a1 and #13R21a2. Public Hearing April 1, 1958, tabled until referred back to Council. Mr. Wright was present. Mr. Wright stated that County has no use for this easement and it is up to the City of Livonia to take action. Mr. Pinto stated that when the City of Livonia was incorporated into a City, the easement became the City's. Upon a motion duly made by Mr. Kane, supported by Mr. Anderson and unanimously car- ried, it was #5-120-58 RESOLVED that, pursuant to a Public Hearing having been held on April 1, 1958 on Petition No. V-29 as submitted by Harry B. Wright for the vacating of an easement for drainage pur- poses in a parcel described as the east half of the east half of the Southeast 1/4 of Section 13, the City Planning Commis- sion does hereby recommend to the City Council that Petition V-29 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of March 13, 1958 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumers Power Company, City Departments, petitioner and abutting property owners as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted and petition is granted. At this time Items 21A, 22, 23 and 24 were tabled due to the hour being so late. Upon a motion duly made by Mr. Anderson, supported by Mr. Angevine and unanimously carried, it was #5-121-58 RESOLVED that, invoice from The Livonian for advertising public IL: hearing notices in the amount of $59.80 be approved. 2049 11 The Chairman declared the foregoing resolution adopted and invoice from The Livonian will be forwarded to the proper department for payment. Upon a motion duly made by Mr. Kane, supported by Mr. Anderson and unanimously car- ried, it was #5-122-58 RESOLVED that, invoice from Albe Munson for professional services for month of April, $50.26, and invoice for re-evaluation of zon- ing study, $289.50, be approved. The Chairman declared the foregoing resolution adopted and invoices from Albe Munson will be forwarded to proper department for payment. Upon a motion duly made by Mr. Anderson, supported by Mr. Angevine and unanimously carried, it was resolved that this meeting be adjourned at 12:30 a.m. /e7 R. L. evine, Secretary ATTESTED; William R. Robinson, Chairman