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HomeMy WebLinkAboutPLANNING MINUTES 1958-07-15 • N 2094 MINUTES OF THE 93RD REGULAR MEETING AND A PUBLIC HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On July 15, 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 a* approximately 8:10 p.m. Members present: H. Paul Harsha, William R. Robinson, Leonard Kane, Robert M. Peacock, Charles Walker, Robert M, Greene, Robert L. Angevine, Wilfred Okerstrom, Dennis Anderson Members absent: None Mr. Rodney Kropf, Assistant City Attorney, was present along with approximately 100 persons. The secretary announced the first item on the agenda was Petition No. Z-294, pur- suant to request of the City Council, the City Planning Commission, on its own motion whether or not to amend Section 4.05 of Article 4.00 of Ordinance No. 60. Section 4.05 states the minimum lot size and width in Sections 34, 35 and 36 to be 6600 sq. ft. in area and 55 ft. in width and within Sections 1 to 33, inclusive, to be 8400 sq. ft. in area and 70 ft. in width. Mr. Robinson asked if there were any persons present who wished to speak either in favor or opposed to proposed ordinance. Mr. H. Larson, Building Association of Metropolitan Detroit, stated they wished to protest the proposed ordinance to increase the frontage from 60 to 70 feet. Feels that 60 ft. is adequate. Increasing the frontage will run the cost of a home from $500 to $600 additional. Stated that it was uncalled for at this time and by in- creasing the frontage the density will go down which will effect the business man. There were no other persons present who wished to speak. Mr. Robinson stated that this item would be taken under advisement. The secretary announced the next item on the agenda was Petition Z-290 by Daniel and Patricia Bourdas asking for a change of zoning on parcels of land located on the South side of Six Mile Road on the East and West sides of Henry Ruff Road (if cut through) and situated in the Northwest and Northeast 1/4 of Section 14, from RUF to C-2. Mr. Daniel Bourdas was present along with Mr. C. Charest, his attorney. Mr. Charest presented the plans of the area involved. Mr. Charest stated he was representing the petitioner and requesting this rezoning in order that Mr. Bourdas could expand the restaurant facilities of his establishment. It is desired at this time to build on the West end of property an addition approximately 36 x 50 wide and extending back approximately 100 ft. A drawing of the proposed addition was presented to the Commission and the audience. Mr. Cheroot contined, stating that Mr. Bourdas had had a meeting with a group of residents to explain their position and what they wish to do. Since there had been objections to the amount of property to be reamed origin- al.ly, they are willing to amend the original petition to conform with the survey that has been presented to this Commission. There will be a total width of 120' and a depth of 2001 which includes 60' for roadway, a net of only 140' in depth. The . .: 2095 area tan The West, presently paved, is desired to be zoned P-1. This area could re- main under the non-conforming use but the residents feel that they would be safer if it is zoned Parking. The residents on the East and West stated they were agree- able. We are submitting at this time a petition signed by thirty-seven residents agreeing to our proposed plan. Mr. Angevine asked where Henry Ruff Road came through if it was cut through. Mr. Charest stated it would be in the parking area, and not where the building is located. Mr. Walker asked what was the full width of property on Six Mile Road. Mr. Charest stated there was a total of 484 ft. of frontage. Mr. Walker stated petition re- quested C-2 -- was it intended to have the complete 484 ft. rezoned to C-2. Mr. Charest explained that was the original request, but since a number of property owners questioned this amount, it is desired that only 123? ft. be rezoned C-2. This would include the building as it presently exists plus 50 ft. on the West and 15 ft. on the East, a total of 123 ft. Mr. Walker asked if the remainder would be zoned P-1 fronting on Six Mile Road. Mr. Charest stated this was their intention now. Mr. Otto W. Hedges, 30320 Six Mile Road, stated he lived across from the Lone Pine Inn and would like to present a brief statement to the Commission. At this time Mr. Hedges read statement to Commission and audience. *Mr. Okerstrom arrived at approximately 8:30 p.m. I[: Mr. I. E. Hutchins, 17275 Merriman, Merriman Improvement Association, stated that this rezoning comes in the middle of two main roads. The Association has constant- ly tried to maintain the area of fine residents. Rezoning this area may start a whole area of commercial. Objected strongly against proposed rezoning. Mr. R. Niska, 16927 Oporto, stated his objection to rezoning. Mrs. Mary Taylor, 30506 W. Six Mile Road, stated they had originally been told only 38? would be rezoned but petition is asking for 484 ft. Mr. Robinson asked if there were any other persons in the audience who signed the petition agreeing to the rezoning who were under the impression that the petition- er's request was different than the petition filed with the City Planning Commis- sion. There were none. It was ascertained that petition signed by the 37 residents did not give any dimensions. Mr. Charest stated that the residents could have misunderstood Mr. Bourdas? request, but that they did not mean to delude anyone. Mrs. Taylor asked why was the description published one way and the request now different than that description. Mr. Robinson explained that the description in the paper was the one on the formal petition filed with the Planning Commission; Mr. Charest has stated that he would I: amend this petition to conform with the surrounding property owners? wishes. In answer to comments made regarding the stables situated in the back of Mr.Bourdas? ;, 2096 property, Mr. Charest stated that as soon as it was legally possible these stables would be removed. It is presently leased until 1961, they do not belong to Mr. Bourdas. Attempts have been made to remove them but it's been legally impossible. j Mrs. S. Razniak, 16928 Oporto stated she also objected to the hay rides which were held. Mr. Schroeder, 16955 Oporto stated his property adjoins the property in petition and would like to state his objection to the rezoning. Mr. E. J. Balluff, 16781 Merriman, Bell Creek Improvement Association stated any rezoning to C-2 would not be in conformance with the surrounding area. Mr. I, E. Hutchins stated he would like to present a list of objectors to this rezoning. Mr. Angevine ascertained there were approximately 20 names on the list. Mr, A. Fischer, 30408 Hoy, felt that if this zoning petition is approved, there would be no control on this area whatsoever. Also, if it is not approved, then it could not be transferred in the event that this property is sold and a more objectional use coma into this area. Mr. Greene stated he would like to read Mr. Munson's recommendation. He questioned the advisibility of rezoning to C-2, stating that in the event of a transfer in ownership, there was no way of knowing what the new owner would do. Asked why this business could not be moved to a presently zoned C-2 District. Mr. Charest stated that the liquor license could not be transferred, that they were bound by the terms of the purchase of property. The Chairman ruled that this item would be taken under advisement. The secretary announced the next item on the agenda was Petition Z-214a by Dr. Harley J. Robinson, Ardmore Convalescent Homes, Inc. asking for a change of zoning on parcel of land located on the East side of Farmington approximately 1200 feet South of Norfolk in the Northwest 1/4 of Section 3 and the East side of Farmington Road approximately 1300 feet South of Norfolk in the Southwest 1/4 of Section 3, from RUFB to PS. Mr. Angevine read a letter from Mrs. L. Batson stating her objection to rezoning. Mr. Harry W. Tyson, Attorney for Dr. Robinson, 9049 Hayes, Detroit, Michigan was present. Mr. Walker asked Mr. Tyson if this request for rezoning was to allow this conval- escent home in a conforming use as well as to be able to expand the business. Mr. Tyson stated that they had previously been before the Commission at which time the petition had been tabled until the Planning Commission could complete a survey on professional businesses because at that time there was no special zoning for them. We feel that our business falls into the Professional Services classification and request this rezoning in the event, that if it is warranted, Dr. Robinson can build an addition to his building. Area is very suitable for convalescent purposes. Dr. Robinson is situated at least 100 feet from the side lot of any residential property. If there are any additions, the plans can be brought to the Commission 110 to receive their approval. Mr. Walker asked for the size of lot; Mr. Tyson stated there is 497.51 frontage on .. 2097 Farmington with a uniform depth of approximately 1324 feet from Farmington Road to the East. Mr. Green asked if there were plans for an addition in the near future. Mr. Tyson stated there were no plans at the present that he knows of. There appeared to be no one in the audience who wished to speak, at which time Mr. Robinson stated that this item would be taken under advisement. The Secretary announced the next item on the agenda was Petition Z-249a by Luther G. Lentz and Gladys L. Lentz asking for a change of zoning on a parcel of land located on the North side of Ann Arbor Trail approximately 200 feet West of Hix Road from R1B to R3; land situated in the Northeast 1/4 of Section 31. Mr. Lentz was present along with his attorney, Mr. Childs. Mr. Childs stated that this petitioner had been before the Commission earlier in the year at which time he requested this property to be rezoned to C-2. After it was presented to the Commission on March 4, 1958, the Commission had recommended that the petition be denied. Resolution #3-46-58 adopted at that time. At that time, after having considered his petition again, Mr. Lentz agreed that the Commission had been right in denying his petition. The present petition before the Commission is requesting that the frontage, approximately 738 feet on Ann Arbor Trail, be re- zoned to R-3. Directly across the street approximately 380 feet on the South side of street is now zoned C-1. The Northwest corner is C-2. Mr. Lentz' property con- tains over 5i acres, having 220 feet on the East side and 432 feet on the West side. It is difficult at present for him to make any use of the property zoned R-1. 110 Mr. Anderson requested Mr. Childs to show him in the plat book what area Mr. Lentz is asking to be rezoned. Mr. J. Monahan, 38660 Ann Arbor Trail, stated that the North side of Ann Arbor Trail is zoned R-1. The homes on that property are single dwellings within the price range of $30,000 and $40,000. The property on the other side has approximately 100 homes selling at $18,000 to $22,000. The granting of this petition could destroy the value of these properties. I move that this petition be dismissed because the petition does not have the accurate description. It was published incorrectly. It states this property is located approximately 200 feet West of Hix Road when it is really located 200 feet East of Hix Road. Mr. Robinson inquired of Mr. Kropf what is the procedure if petition is published incorrectly. Mr. Kropf stated that petition would have to be republished and another public hearing held. Mr. Bonk, 38550 Ann Arbor Trail, stated he would like to make his objection now, feels property in petition is too close to a subdivision. Mr. Robinson informed those present that this item will be republished and will be on the agenda for August 19, 1958. The Secretary announced the next item on the agenda was Petition Z-292 by Harry B. Wright asking for a change of zoning on a parcel of land located on the East side of #_ Brentwood Avenue approximately 371 feet South of Seven Mile Road and situated in the Northwest 1/4 of Section 12, from RUF to R1B. Mr. Okerstrom asked why Mr. Wright 2098 asked for Rlb instead of R1A. Mr. Wright answered that these homes will only have I: 960 sq. ft. in area and that they will conform with the homes in that area at present. Mr. Walker inquired as to the size of lots and how many homes. Mr. Wright stated there would be approximately six homes, the lots being 135 x 60. The members of the Commission examined the plat book to ascertain the location. Upon a motion duly made by Mr. Greene, supported by Mr. Kane and unanimously adopted, it was #7-167-58 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-292 as submitted by Harry B. Wright for a change of zoning in the Northwest 1/4 of Section 12 from RUF to R1B, the City Planning Commission does hereby recommend to the City Council that Petition Z-292 be granted because it is in conformity with the surrounding area, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of June 26, 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 is granted. The secretary announced the next item on the agenda was Petition Z-293 by Guy D. I: Morris and Josephine A. Morris asking for a change of zoning on two parcels of land located on the South side of Seven Mile Road approximately 500 feet West of Farmington Road and situated in the Northeast 1/4 of Section 9 from C-1 to C-2. Mr. & Mrs. Morris were present. Mr. Okerstrom asked for the reason for rezoning property. Mrs. Morris stated that the next item on the agenda would more than ex— plain reason; next item asking for permission to remodel and open a Dairy Bar. This type of business requires a C-2 zoning. There were no other questions from the Commission or from the audience at which time the chairman declared this item would be taken under adiv Bement. The chairman declared the Petition M-117, next item on the agenda would also be taken under advisement as no decision can be made on it until Petition Z-293 has been acted upon. There were no persons in audience who wished to speak either in favor or in opposition to Petition M-117. The secretary announced the next item on the agenda was Petition V-31 by residents in Botsford Park Subdivision requesting that the alleyways of Botsford Subdivision be vacated and changed to easementways with the exception of the alleys running parallel North of Seven Mile Road. Alleys to be vacated located between Inkster Road and Rensellor Blvd. (North—South Alley) and also South of Lots 66-78, 183-194, 299-310 and 415-420 (east west alley) situated in the East 1/2 of the Southeast 1/4 of Section 1. The secretary read letter dated June.19, 1958 from the Department of Public Works; letter dated July 14, 1958 from the .Michigan Fell Telephone Company and letter from 2099 the Detroit Edison Company dated July 10, 1958. Members examined the plat book to ascertain width of alleys. IreThere were no persons in audience who wished to speak either in favor or opposed to petition. Upon a motion duly made by Mr. Greene, supported by Mr. Angevine and unanimously adopted, it was #7-168-58 RESOLVED that, pursuant to a Public Hearing having been held on July 15, 1958 on Petition V-31 as submitted by residents in Botsford Park Subdivision for the vacating of alleys located between Inkster Road and Rensellor Blvd., (North-South alley) and also South of Lots 66-78, 183-194, 299-310 and 415-420 (East-west alley), except the alleys running parallel North of Seven Mile Road, situated in the East 1/2 of the Southeast 1/4 of Section 1, the City Planning Commission does hereby recommend to the City Council that Petition V-31 be granted, subject to creating an easement the full width of the alley, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of Jure 26, 1958 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Tele- phone Company, The Consumers Power Company, City Departments, petitioner and abutting property owners as listed in the Proof of Service. E The chairman declared the motion is carried and petition is granted. The secretary announced the next item on the agenda was Petition V-32 by Jean Lobel requesting the vacating of North-South alley located between Dover Avenue and vacated Cathedral Avenue between Lots 155-169 and 205-219 in the Bonaparte Gardens Subdivision situated in the South 1/2 of the Southeast 1/4 of Section 35. The secretary read letter dated June 19, 1958 from the Department of Public Works; letter dated July 11, 1958 from the Michigan Bell Telephone Company and letter from the Detroit Edison Company dated July 10, 1958. There was no further discussion from the Commission. Mr. John Bush, 9000 Beatrice inquired as to how wide the easement would be. It was ascertained that they would be 189 wide. Upon a motion duly made by Mr. Angevine, supported by Mr. Kane and unanimously adopted, it was #7-169-58 RESOLVED that, pursuant to a Public Hearing having been held on July 15, 1958 on Petition V-32 as submitted by Jean Lobel for the vacating of North-South alley located between Dover Avenue and vacated Cathedral Avenue between Lots 155-169 and 205-219 in the Bonaparte Gardens Subdivision situated in the South 1/2 I[: of the Southeast 1/4 of Section 35, the City Planning Commission does hereby recommend to the City Council that Petition V-32 be granted subject to creating an easement the full width of the alley, and • 2100 FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of June 26, 1958 and notice of which hearing was sent to The Detroit Edison Company, I[: Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumers Power Company, City Departments and petitioner and abutting property owners as listed in the Proof of Service. The Chairman declared the motion is carried and petition is granted. The secretary announced the next item on the agenda was a Petition by the City Planning Commission on its own motion whether or not to amend the Subdivision Rules and Regulations of the City of Livonia, adopted on January 9, 1952, pursuant to Act • 285, PA 1931, Section 14 by adding thereto sub-section (n) Marginal Access Streets to Section 4.02. There appeared to be no one in audience who wished to speak in favor or in opposition to petition. Upon a motion duly made by Mr. Greene, supported by Mr. Angevine, and unanimously adopted, it was #?470-58 RESOLVED that, Section 4.02 of the Subdivision Rules and Regulations adopted by the City Planning Commission of the City of Livonia, January 9, 1952, be amended by adding sub-section (n) as follows: (n) Marginal Access Streets. Where a subdivision abuts or contains an existing or proposed major thoroughfare or arterial street, the Planning Commission may require marginal access streets adjacent to such major thoroughfares and in front of the lots facing such major street. A Major street or thoroughfare, for the purposes of this section, shall be any road or way having an existing or planned width of 120 feet or more as shown on the Master Thoroughfare Plan. For the purposes of this • section, marginal access streets shall be defined as minor streets which are parallel to and adjacent to major and arterial streets and highways, and shall provide access to abutting properties and pro- tection from through traffic. The Chairman declared the motion is carried and petition is granted. The secretary announced the next item on the agenda was Petition M-116 by Herbert Shevin requesting permission to establish a dry-cleaning plant in Outlot A, Merri- Five Mile Subdivision located on the North side of Five Mile Road between Merriman and Bainbridge situated in the Southwat' 1/4 of Section 14. The secretary read letter dated July 9, 1958 from the Livonia Fire Department; letter dated June 5, 1958 from the Spoon Builders, Inc.; letter from owners of Lots 620, and 621, 622; and letter dated June 20, 1958 from the Socony Mobil Oil Company. Mr. Walker asked if this is one of the many stores which will be in the Outlot by 1[40 the Mern -Five Subdivision. Mr. Shevin stated it was and will be located adjacent to the proposed food market. Mr. Walker stated that Livonia did not have a regula- tory ordinance in regard to dry-cleaning plants as to what types. Mr. Robinson stated the Livonia Fire Department had approved this dry-cleaning plant. . . 2101 Mr. Rich 6751 Vermont, representing Mr. Shevin, stated that all the dry-cleaming plants are policed by State Police, licenses granted for the dry-cleaning plants by the State Police. li: Mr. Kropf stated Mrs. Fetch, 31255 Five Mile Road has asked him to state her objection to petition. The Chairman declared this item would be taken under advisement. Mr. Rich stated that he would like to invite members of the Commission to investi- gate the present cleaning establishments in the City. Mr. Robinson stated if any commissioners wish to do so they would get in touch with him. The secretary announced the next item on the agenda was Petition M-118 by Socony Mobil Oil Company, Inc., requesting permission to erect a gasoline service station on the Northwest corner of Six Mile Road and Farmington Road and situated in the Southeast 1/4 of Section 9. Mr. Thomas G. Pence and Mr. Franzozi of the Socony Mobil Oil Company were present. Mr. Robinson stated this gas station was located directly opposite from the gas station that was tabled recently until August 19, 1958. Mr. Angevine stated if this area is in our re-evaluation study, this should be taken under advisement as the other petition was. Mr. Pence Stated the present zoning is a proper classification for gas station, the plans submitted have been approved by the City and conform with all building requirements. What is the specific reason for tabling. 1[40 Mr. Robinson stated that the Planning Consultant is in the process of completing a reevaluation of the zoning for the City. He has indicated on his study that this area be a residential section. Because of this, the Commission would like to study this report before a decision is made. Mr. Pence stated that the option on this property was coming up very soon. Asked when a decision could be made. Mr. Robinson stated at the Regular Meeting On August 19, 1958. There appeared to be no one in the audience who wished to be heard in favor of ar opposed to petition. Upon a motion duly made by lir. Anderson, supported by Mr. Kane and unanimously adopted, it was #7-171-58 RESOLVED that, Petition M-118 by the Socony Mobil Oil Company requesting permission to erect gas station on the Northwest corner of Six Mile Road and Farmington Road and situated in the Southeast 1/4 of Section 9, be tabled until the next regular meeting on August 19, 1958. The Chairman declared the motion is carried and petition is tabled until 8/19/58. The secretary announced the next item on the agenda was the proposed Meadow Lark Subdivision submitted by Herald F. Hamill on behalf of Dr. M. J. Mendelsshon, located South of Seven Mile Road and Curtis Road and situated in the Northeast 1/4 of Section 8. Date of submission, June 23, 1958. • 2192 Mr. Herald Hamill was present. The secretary read a letter dated July 8, 1958 from the Police Department; letter dated July 9, 1958 from the Fire Department; letter dated July 15, 1958 from the Parks and Recreation Commission. Mr. Harsha, Plat Committee stated the general layout of plat appeared to be satisfactory. The length of one block appeared to be quite long but the lots seem to be properly sized. Mr. Benton Yates, Supt. of Schools submitted letter from the Livonia School Board dated July 15, 1958. Mr. Angevine and Mr. Kane inquired as to the zoning. Mr. Robinson stated a petition has been filed for a rezoning, it is tentatively scheduled for August 19, 1958. Mr. Okerstrom questioned so many homes on the cul-de-sac. It was ascertained there was sufficient room for the number of homes platted. Mr. Greene stated that the Planning Commission has a proposed ordinance to rezone this entire northwest area to RU. Mr. Robinson stated that the Commission could ask Mr. Hamill for a waiver of time since no acticn could be made until the zoning is acted upon, or they could deny petition at this time. Mr. Greene stated he did not go along with the R-1 zoning which is being requested. Mr. Harsha stated any rezoning has to be official before a subdivision plat can be approved. I[: Mr. Kropf stated it is not unreasonable to table this if th€ petitioner waives the 60 day limit and ,hen clnsider it when the rezoning cones up. If you turn it down because eventuall/ you are going to rezone it to RU, it is not a sufficient reason. Mr. Hamill stated he felt sure the owner will give the extension of time and asked how much time is necessary. Mr. Robinson stated that 90 days is sufficient. If not, another 90 day extension could be added on later. There was no one in audience who wished to speak either in favor or in opposition to proposed subdivision. The Chairman declared this item will be taken under advisement until zoning petition is considered. Upon a motion du::y made by Mr. Kane, supported by Mr. Angevine and unanimously adopted, it was /'-172-58 RESOLVED that, this Public Hearing be adjourned at approximately 10:20 p.m. The Chairman declared a ten minute recess at this time. The Chairman called the 93rd Regular Meeting to order at approximately 10:35 p.m. with all present who were present at the beginning of the Public Hearing. 2103 Mr. Robinson stated that Mr. Greene has requested that the Commission depart from the regular procedure of meeting to rediscuss the Meadow Lark Subdivision which was the last item of the preceding Public Hearing. IC: Upon a motion duly made by Mr. Walker, supported by Mr. Okerstrom and unanimously adopted, it was #7-173-58 RESOLVED that, the City Planning Commission depart from the regular procedure of the 93rd Regular Meeting in order that the Commission can rediscuss the proposed Meadow Lark Subdivision. The Chairman declared the foregoing resolution adopted. Mr. Greene stated he felt the proposed Meadow Lark Subdivision should be denied for the following reasons: 1) The school and park site as designed on the Master School • and Park Plan were not included on the subdivision plat. 2) Commission cannot intelligently consider the plat inasmuch as the proper zoning classification has not been determined. Mr. Robinson asked if there was any further discussion. Mr. Marsha questioned the legality of this procedure. Mr. Kropf stated that a motion should be made to reopen the public hearing. Upon a motion duly made by Mr. Greene and supported by Mr. Okerstrom, it was #7-174-58 RESOLVED that, Public Hearing previously adjourned by Resolution #7-172-58 be reopened in order to rediscuss the proposed Meadow- lark Subdivision. A roll call vote on the foregoing resolution resulted in the following: AYES: Anderson, Okerstrom, Greene, Peacock, Walker and Marsha NAYS: Angevine and Robinson The Chairman declared the motion is carried and the Public Hearing is reopened. Upon a motion duly made by Mr. Greene, stpported by Mr. Waller, and unanimously adopted, it was #7-175-58 RESOLVED that, pursuant to a Public Hearing having been held July 15, 1958, the City Planning Commission does hereby deny approval to preliminary plat of the proposed Meadow Lark Subdivision located South of Seven Mile Road approximately 1,350 feet West of Wayne Road between Seven Mile and Curtis Roads and situated in the Northeast 1/4 of Section 8 for the following reasons: 1) The school and park site as designated on the Master School and Park Plan were not included in the sub- division plat, and 1[40 2) The Conse Leicn carnet intelligently consider the plat inasmuch as the proper zoning classification has not been determined. 2194 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 motion is carried and the proposed Meadow Lark Subdivision has been denied preliminary approval. Upon a motion duly made by hr. Kane, supported by Mr. Greene and unanimously adopted, it was #7-176-58 RESOLVED that, Public Hearing be adjourned at 10:550 p.m. The Chairman declared the Public Hearing is adjourned and called the 93rd Regular Meeting to order at 10:51 p.m. with all those present who were present at the Public Hearing. The secretary announced the next item on the agenda was Petiti on M-107b by Raymond Schreiber request:re permission to erect drive-in theatre on the North side of Plymouth Road between Levan and Newburg Roads and situated in the Southwest 1/4 of Section` 29, located approximately 900 feet West of the Northwest corner of Levan and Plymouth Roads. Public Hearing July 1, 1958; study meeting July 8, 1958. Mr. Robinson requested Mr. Angevine to read a communication dated July 15, 1958 received from Mayor William Brashear. Mr. Greene stated the Mayor's letter bears out the action that the Commission has just taken in regard to the proposed Meadow Lark Subdivision. Upcn a mctionduly made ty }.r.'An •evine end ct:ported ty Mr. Peacock, it was #7-177-58 RESOLVED that, a Public Hearing having been held on July 1, 1958 on Petition M-107b of Raymond Schreiber requesting permission to erect a Drive-In Theater on the North side of Plymouth Road approximately 900 feet West of Levan Road in the Southwest 1/4 of Section 29, the City Planning Commission does herein approve of the use of such premises for Drive-In Theatre purposes; provided, however, that such approval is granted on the following condition: That the Drive-]n Theatre be set back no less than 730 feet from the property lot line adjacent to Plymouth Road and provided further that the Planning cmmission s e prone t t the above use will be no less than 1,000 feet from the closest residential district, that such use is not likely to be injurious to surrounding properties, is situated a 'sufficient distance from residential, commercial and other cstablishments so as to preclude any likelihood of disturbance from light, noise or glare and is in sufficient harmony with the spirit,. purpose and plan of the comprehensive zoning flap; and that an exit be provided on Amrhein Road and that acceleration and deceleration lanes be provided on Plymouth Road Westward for a total of 1,000' 1[410 and furthermore, that the Traffic Commission approves plans as to traffic safety and all above conditions; and 2105 FURTHER RESOLVED, that the Planning Commission does herein recommend that the City Council grant to the above petitioner 1[40 a license to operate a Drive-In Theatre at the above locat ion on the above conditions and does hereby certify and determine that the proposed use is not likely to be injurious to the surrounding neighborhood and is not contrary to the spirit and purpose of the zoning ordinance and map of the City and that this action is taken after considerjng the reports and recommendations of the Police, Fire, and Health Departments of the City of Livonia, and FURTHER RESOItLt, rc'tice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Robinson asked if the Commission wished to discuss the motion as presented. Mr. Anderson requested that a recommendation by Mr. Albe Munson in relation to Drive-In Theatres, dated July, 1955 be read by the secretary. Mr. Greene stated he had received a letter along with another member of the Commission which he read in part. Stated he understood that if this petition is not granted that petitioner could take this to court. The commission has legal counsel present at all meetings with the purpose of advising the Commission on all legal matters. Felt that since the Commission has been advised to approve this petition then it must be accepted and be guided by the counsel given to us by the Law Department. On the question of tax revenue, felt that this is not a valid enough reason to not approve petition since the zoning as designated is an acceptable area for a Drive-In Theatre. Stated his main objection from the start has been only in regards to public safety, and suggested at the Study Meeting that the Commission make this a provision in the resolution of approval so that if a traffic hazard does develop that this can be removed. Permission can be granted with the condition that it is under the jurisdiction of the Traffic Commission; that is, if the petitioner has no objection. Mr. Anderson asked if the Police Department has the power to insist that the ingress and egress be removed from Plymouth Road. Mr. Greene stated the Traffic Commission will decide if it is a traffic hazard. Mr. Harsha suggested that the petitioner run a 109 or 11' service drive starting at Levan Road running 1,000 feet West along Plymouth Road which would solve the problem of cars slowing up in order to turn into the Drive-In and creating a traffic jam on Plymouth Road. Mr. Greene suggested that the exit be on Amrhein Road. Mr. Robinson informed those present in the audience that a Public Hearing has been held on this petition and that the Commission has a policy that they do not allow discussion from the floor after such hearing. Mr. Shapiro stated that in regard to the service drive suggested by Mr. Harsha, that 1[40 they do not own the property between the Drive-In and Levan Road tut that he thought the owner would be agreeable and give them permission to run a drive in front of the property. Stated they preferred the service drive rather than eliminating the ingress and egress from Plymouth Road. • • 2106 Mr. William Gaunt, Traffic Commission stated the owner would have to put in the acceleration and deceleration strips on the road, and that the State Highway IL: Department and the Wayne County Commission would have to give their approval. Mr. Robinson stated the Commission is are that the Highway Department will have the final word on the location of the ingress and egress of the Drive-In Theatre. Mr. Walker inquired as to whether or not the petitioner will agree with the resolution now on the floor. Mr. Shapiro stated they were in agreement, also that they will have to request the owneron their East to go along with the suggestion pertaining to a service drive. Mr. Robinson asked for a poll on whether or hot to allow persons to speak from the floor: AYES: Okerstrom and Walker NAYS: Anderson, Greene, Peacock, Kane, Harsha, Angevine and Robinson A roll call vote on Resolution No. 7-177-58 resulted in the following: AYES: Greene, Peacock, Kane, Walker, Harsha and Angevine NAYS: Anderson and Okerstrom NOT VOTING: Robinson The Chairman declared the motion is carried and Petition M-107b is granted. At this time, Mr. Benton Yates, Supt. of Livonia Schools introduced Mr. Cecil Alfred { who is taking over the position of new Assistant Supt. of Schools. Mr. Alfred will represent the Livonia Public Schools in matters pertaining to school sites which may come before the Commission. The secretary announced that the next item on the agenda was Petition Z-287 by Michael J. Caffery asking for a change of suing classification on Lot 549, Super- visor's Livonia Plat No. 9 located on the Southwest corner of Plymouth and Newburg Roads and situated in the Southeast 1/4 of Section 30 be changed from RUFB to C-2. Public Hearing June 17, 1958 at which time item was taken under advisement until information is received from Fire Department regarding fire station designated in area of said petition. Study Meeting held July 8, 1958. Upon a motion duly made by Mr. Walker, supported by Mr. Okerstrom and unanimously adopted, it was #7-178-58 RESOLVED that, pursuant to a Public Hearing having been held on June 17, 1958 on Petition Z-287 as submitted by Michael J. Caffery for a change of zoning in the Southeast 1/4 of Section 30 from RUFB to C-2, the City Planning Commission does hereby recommend to the City Council that Petition Z-287 be denied because the Fire Department has determined that this area is still needed for a fire station as designated, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of May 29, 1958 and rctice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumers Power Company, City Department and petitioner as listed in the Proof of Service. 2107 The Chairman declared the foregoing resolution is adopted and petition is denied. The secretary announced the next item on the agenda was Petition Z-274 by H. DeMicha and 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 feet South of Chesapeake & Ohio Railway and situated in the Southwest 1/4 of Section 26 be change from R-1 to M-1. Public Hearing held May 20, 1958, tabled until adjacent property owners petition for rezoning also; petitioner has requested another discussion. Study Meeting held July 8, 1958. It was ascertained that area is presently zoned RUF and not R-1 as stated. Upon a motion duly made by 14r. Okerstrom, supported by Mr. Kane and unanimously adopted, it was #7-179-58 RESOLVED that, pursuant to a Public Hearing having been held on May 20, 1958 on Petition Z-274 as submitted by H. DE'.ichael and Silvino J. DeMichael for a change of zoning in the Southwest 1/4 of Section 26 from RUF to M-1, the City Planning Commission does hereby recommend to the City Council that Petition Z-274 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, 110 Chesapeake & Ohio Rai..way Company, Michigan Bell Telephone Company, The Consumers Power Company, City Departments and petitioners as listed in the Proof of Service. l►e Chairman declared the foregoing resolution adopted and petition is granted. Upon a motion duly made by Mr. Walker, supported by Mr. Anderson, and unanimously carried, it was #7-180-58 RESOLVED that, letter be forwarded to Mr. Irving Levine regarding the proposed revision of intersection at Berwick and Lyndon Roads in the Meri-Lynn Farms Subdivision situated in the Southeast 1/4 of Section 22, indicating the Commissions feelings that the road should go through as originally shown on plat. The Chairman declared the motion is carried and letter will be forwarded to Mr. Irving Levine. The secretary announced the next item on the agenda was the proposed Kingsbury Heights Subdivision located on the Northwest corner of Five Mile and Levan Roads situated in the Southwest 1/4 of Section 17, submitted by Bruce Polozker on May 16, 1958. Public Hearing held June 3, 1958 at which time it was tabled until plat is corrected. Mr. Angevine read letter dated July 15, 1958 from the Livonia School Board. Mr. Bruce Polozker was present. A brief discussion and examination of revised plat which incorporated changes suggested at the public hearing was conducted by Commissioners. Upon a motion duly made by Mr. Walker and supported by Mr. Kane, it was #7-181-58 RESOLVED that, pursuant to a Public Hearing having been held June 3, 2108 1958, the City Planning Commission does hereby give approval to If: revised preliminary plat of the Kingsbury Heights Subdivision located on the Northwest corner of Five Mile and Levan Roads situated in the Southwest 1/4 of Section 17, 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 nctice 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: Greene, Kane, Walker, Harsha, Angevine and Robinson NAYS: Anderson, Okerstrom and Peacock The Chairman declared the motion is carried and preliminary approval is given to the revised Kingsbury Heights Subdivision. Mr. Robinson stated that Mr. Rosenberg, petitioner for the proposed Midas Subdivisior 'f" signed a 90 day waiver due to the fact that this item is under advisement pend- ing approval of the zoning petition by the City Council. Upon a motion duly made by Mr. Angevine, supported by Mr. Walker and unanimously adopted, it was 11[: #7-182-58 RESOLVED that, Mr. Albe Munson's statements for the re-evaluation of zoning study in the amount of $605 and also statement for the month of June in the amount of $174.08 stand approved and will be forwarded to the proper department for payment. The Chairman declared the motion is carried. Mr. H. Paul Harsha was excused from meeting at approximately 11:45 p.m. The next item on the agenda was letter from Burke Building Company requesting a one- year extension on balance of Yale Subdivision located on th West side of Yale Avenue approximately 330 feet South of Plymouth Road in the Northeast 1/4 of Section 32. Upon a motion duly made by Mr. Greene, gaipperted't5tA:r. Kaneaand unanimously adopted it was #7-183-58 RESOLVED that, request from Burke Building Company for an extension on balance of Yale Homes Subdivision, be amended to give an extension to entire subdivision since a bond has not been filed as yet on the portion that is completed. The Chairman declared the motion adopted. Upon a motion duly made by Mr. Walker and supported by Mr. Greene, it was #7-184-58 RESOLVED that, request from Burke Building Company dated July 8, 1958 for a one-year's extension on Yale Homes Subdivision located on the West side of Yale Avenue in the Northeast 1/4 of Section 32, be granted. , 2109 A roll call vote on the foregoing resolution resulted in the following: AYES: Okerstrom, Greene, Kane, Walker, Angevine and Robinson NAYS: None NOT VOTING: Anderson and Peacook The Chairman declared the motion is carAsd and a one-yearns extension is granted to Burke Building Company. The secretary read the communication dated July 15, 1958 from Mayor William Brashear regarding several items discussed with Commission at the Study Meeting July 8, 1958, Upon a motion duly made by Mr. Anderson, supported by Mr. Angevine and unanimously adopted, it was #7-185-58 RESOLVED that, invoice from The Livonian in the amount of $66.70 stand approved and will be forwarded to the proper department for payment. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Anderson, supported by Mr. Angevine and unanimously adopted this 93rd Regular Meeting was duly adjourned at approximately 12:15 a.m. July 16, 1958. 1110 R. L. Angev&7r°'",e, Secretary ATTESTED: William R. Robinson, Chairman