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HomeMy WebLinkAboutPLANNING MINUTES 1958-09-09 • 2157 MINUTES OF THE 95TH REGULAR MEETING AND A PUBLIC HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On September 9, 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. Mr. Robert Angevine, Chairman, called the Public Hearing to order at approximately 8:15 p.m. Members present: Robert Angevine, H. Paul Harsha, Robert Peacock, Wilfred Okerstrom, William Robinson, Leonard Kane Members absent: Robert Greene*, Charles Walker, Dennis Anderson Mr. Charles Pinto, Assistant City Attorney and Mr. David McCullough, City Planner were present along with approximately 100 interested persons. Mr. McCullough announced the first item on the agenda was Petition Z-306 by Russel J. Lechel, Sr. and wife, Madonna M. Lechel asking for a change of zoning on parcel of land located on the Southeast corner of Hoy Road and Flamingo Avenue in the Northwest 1/4 of Section 23 from RUF to RU. Mr. McCullough stated he felt that the proper department to act on the petition should be the Zoning Board of Appeals rather than the City Planning Commission on the basis of the petition asking for a variance. * ** Mr. Greene and Mr. Walker arrived at 8:28 p.m. Mr. James Clarkson, attorney for the petitioner, stated he had been informed that this was the proper procedure for a change of zoning. Mr. Pinto stated that he had informed Mr. ClarksonQs client to proceed in this manner and the Zoning Board of Appeals was for the main purpose of appealing to them in case of a denial of a building permit. Mr. Robinson asked, if the petitioner had requested a building permit from the Inspection Department and they had refused to issue one - would this not be a reason to appear before the Zoning Board of Appeals. Mr. Pinto stated in this petition, the petitioner is requesting a rezoning to provide himself with two lots. Felt that this was proper procedure and he had suggested this procedure be- " cause he felt that it was a zoning matter. Mr. McCullough informed those present that the following letter dated September 8, 1958 has been submitted by certain petitioners objecting to Petition Z-306: Gentlemen of the Planning Commission City of Livonia Dear Sirs: We, the undersigned, do hereby hope to revise our position on the petition of Russel and Madonna Lechel, Z-306, requesting the re- zoning of Lot 32 within the boundaries of the Green Acres Subdi- vision. IE: We did sign the petition for rezoning without full knowledge of the , facts and background of the petition and therefore would like your body to disregard our signatures placing us in favor of the peti- • 2158 tioners. We would instead like to express ourselves as concurring with the position of the Green Acres Subdivision Civic Association in their request for denial of the rezoning petition Z-306. We thank'you for this indulgence. The following is a copy of letter received from the Green Acres Civic Association: Green Acres Civic Association 30408 Hoy Road Livonia, Mich. City Planning Commission 33001 Five Mile Road Livonia, Michigan Gentlemen: We are concerned with Petition Z-306 by Russel J. Lechel and Madonna M. Lechel, his wife. The parcel of land involved is designated as Lot 32 of B. E. Taylor's Green Acres Subdivision, and as such it is an intregal part of the 11[: whole subdivision as originally platted. In its location it is com- pletely surrounded by other platted lots. We believe this change of zoning would be detrimental to all of the other property owners of our subdivision because all of our proper- ties are of half-acre or better. The size of all lots is covered by deed restrictions, said restrictions forbid the splitting or breaking up of any parcels, the petitioners are well aware of these restric- tions, and are trying to circumvent these restrictions. The deed restrictions are registered with the Wayne County Register of Deeds and are on file with the City of Livonia's Building and Inspection Department. Granting of this Petition Z-306 we feel would be spot zoning of the worst type, as well as an aid to the breaking of restrictions in this area, thereby forcing the property owners to appeal to the courts for protection of their rights. Therefore, we ask your Honorable Body to deny their Petition Z-306 and to give our Green Acres Subdivision the protection the City of Livonia's Ordinance #60 enables you to give us. Thanking you in advance we are, Green Acres Subdivision, Arthur W. Fisher, President 1[40 John Budgis, Vice-President; Kahle M. Bickel, Secy.-Tres. and property owners. Mr. Fisher, 30408 Hoy, stated he wishes the above mentioned letters be inserted in the minutes. Stated his objection to petition was the fact this would be spot zon- • 2159 ing .at its worst and the request for rezoning is against the subdivision restrictions. IL: Mr. Clarkson stated he wished to check the names on the petition that previously had not objected to zoning petition and now have changed their minds. Mr. Angevine stated that since the letters have been submitted, the Planning Commission can check them rather than take up the matter now. Mr. Greene asked Mr. Fisher if the subdivision restrictions prohibited splitting of lots. Mr. Fisher stated they did. Mr. James Hosey, 14954 Flamingo, stated the restrictions were binding until the year of 1979 and are registered in the Wayne County Register of Deeds office. Mr. Walker asked Mr. Pinto's opinion on the subdivision restrictions. Mr. Pinto stated that he had directed the petitioner to come before the Planning Commission for a rezoning. The matter of the restrictions should not be considered by the Com- mission, only the rezoning. Mr. Angevine stated that this item would be taken under advisement for further study. Mr. McCullough announced the next item on the agenda was Petition Z-307 by Donald C. Deremo on behalf of Herman J. Giovanni, asking for a change of zoning on parcel of land located on the West side of Reddon Road approximately 200 feet North of Five Mile Road in the Southeast 1/4 of Section 13, from C-1 to C-2. Mr. Deremo, attorney, representing Mr. Giovanni. IL Mr. Deremo, in answer to Mr. Walker's question of why petitioner is requesting C-2, stated that petitioner desires to erect a drive-in restaurant in this area which re- quires a C-2 zoning. Mr. Walker asked, if Inkster Road is widened in the future, if any of the drive-in property would be on the right of way of the widening. Mr. Deremo stated only part of the parking area since the drive-in is set back quite a distance from the street. Mr. Peacock stated that on the Re-evaluation Zoning Study, this area is designated as R-1. Mr. Sam George, 15501 Reddon, stated this area would be the only commercial zoning on Reddon. Submitted a petition from the Madison Civic Association stating their objec- tion to rezoning. Mr. Walker asked how close would this C-2 zoning be to the nearest resident. Mr. George stated, right next door. Mr. Thomas Boone, 27454 Five Mile, stated his property would run next to the back of the drive-in. Mrs. Dorothy Burce, Madison Civic Association, stated that the owners of the surround- ing area are in the process of requesting a rezoning on this parcel from C-1 to R-1 in order that it will conform with the surrounding property. I[: Mr. Jerome Preister, 15455 Reddon Road, objected to rezoning because children will have to cross the street in front of the drive-in where the ingress and egress of said drive-in will be located. 2160 Mr. Angevine stated that this item would be taken under advisement. IL: Mr. McCullough announced the next item on the agenda was Petition Z--304 by Carey Homes, Inc., asking for a change of zoning on parcel of land located on the South side of Perth Street on the Southwest corner of Perth and Brookfield Road in the Southwest 1/4 of Section 22 from RUFB to R1B. Mr. Karabelnick and Mr. Wright present,. Mr. Walker stated that he felt this request should be for R1A. instead of R1B as it would conform more with the surrounding area. Mr. Robinson concurred. Mr. Karabelnick stated they would verbally amend their petition at this time if the Commission so wishes. Upon a motion duly made by Mr. Walker, supported by Mr. Robinson and unanimously adopted, it was #9-240-58 RESOLVED that, Petition Z-304 submitted by Carey Homes, Inc. for a change of zoning in the Southwest 1/4 of Section 22 be verbally amended to read R1A instead of R1B. The Chairman declared the motion is carried and petition is verbally amended. Upon a motion duly made by Mr. Robinson, supported by Mr. Walker and unanimously adopted, it was #9-241--58 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-304 as submitted by Carey Homes, Inc. for a change of zoning in the Southwest 1/4 of Section 22 from RUFB to R1A, the City Planning Commission does hereby recommend to the City Council that Petition Z-304 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of August 21, 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 and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Okerstrom, Peacock, Kane, Walker, Harsha, Robinson and Angevine NAYS: None The chairman declared the motion is carried and petition is granted. Mr. McCullough announced the next item on the agenda was Petition Z-297 by James N. Canham on behalf of Kirk Land Company, asking for a change of zoning on parcel of land located between Amrhein Road and Plymouth Road and approximately 200 ft. East of Eckles Road in the Southwest 1/4 of Section 30 from RUFB to M-1. Mr. Canham present. Mr. Kane asked if there would be a strip of RUFB between the M-1 and the present C-1 zoning. Mr. McCullough stated that he would study the meets and bounds of this petition to clarify whether there would be astrip of RUFB. • 2161 Mr. McDowel, 11783 Jarvis, objected to industry being so close to his property. Mr. George Bailey, 11750 Jarvis, concurred with Mr. McDowel. Mr. Frank Ayers, 11817 Jarvis, stated he was under the impression that a park site is designated in this area and if industry is allowed, the park site may be abandoned. Mr. Griffin, 11901 Jarvis, also objected to rezoning of area. The chairman declared the item would be taken under advisement. Mr. McCullough announced the next item on the agenda was Petition Z-301 by Morris Friedman, et al, asking for a change of zoning on parcels of land located with frontage of 668' on North side of Schoolcraft beginning approximately 3200 ft. West of Farmington in the Southwest 1/4 of Section 21 and a 10 acre parcel West of Stark Road between Lyndon and Schoolcraft in the Southeast 1/4 of Section 21 from AGB and RUFB to R1B. Mr. Friedman present, and submitted the proposed subdivision plat for this area. Mr. Greene asked Mr. Friedman if they would be willing to amend their petition to re- quest R1A instead of R1B as the Commission has not as yet approved any large subdivi- sion plat for R1B. Mr. Friedman stated they would be willing to verbally amend their petition. Upon a motion duly made by Mr. Greene, supported by Mr. Robinson and unanimously car- ried, it was #9-242-58 RESOLVED that, Petition Z-301 by Morris Friedman, et al, asking for a zoning change in the Southwest and Southeast 1/4 of Section 21 be verbally amended to request R1A rather than R1B. The chairman declared the motion is carried and petition is verbally amended. There was no one in the audienrc, who wished to speak either in favor of or opposed to petition. Upon a motion duly made by Mr. Rdoinson, supported by Mr. Walker and unanimously car- ried, it was #9-243-58 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-301 by Morris Friedman, et al for a change of zoning in the Southwest and Southeast 1/4 of Section 21 from AGB and RUFB to R1A, the City Planning Commission does hereby recommend to the City Council that Petition Z-301 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of August 21, 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 and Petitioner as listed in the Proof of Service. I: The chairman declared the foregoing resolution adopted. Mr. McCullough announced the next item on the agenda was Petition Z-305 by Clifford A. Green, asking for a change of zoning on a parcel of land located on the West side 2162 of Inkster Road approximately 400 ft. South of Chesapeake & Ohio Railroad in the Southeast 1/4 of Section 23 from C-1 to C-2. Mr. Green who was present stated he wished this change in order to erect an A. & W. Root Beer stand. Mr. Walker asked if the existing house on property would be used for the drive-in. Mr. Green stated only the foundation, that a new building would be erected. Also stated that there would be approximately 80 ft. between the drive-in and the nearest house. Mr. Okerstrom stated there was at present R1B in this area south and west of the area in petition. Mr. Walker stated he felt that commercial zoning would be injurious to the surround- ing area and drive-in would create a traffic problem. Mr. Robert Richardson, 12132 Cardwell, Elm Civic Association, felt that this pro- posed zoning was definitely detrimental to the surrounding neighborhood and they were trying to upgrade the classification, rather than lower it. Mr. Worrall, 12074 Arcola, objected to rezoning. Mr. H. A. Brown, 11950 Cavell, stated his objection to rezoning to commercial in this area. Upon a motion duly made by Mr. Walker, supported by Mr. Peacock and unanimously car- ried, it was #9-244-58 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-305 as submitted by Clifford A. Green for a change of zoning in the Southeast 1/4 of Section 25 from C-1 to C-2, the City Planning Commission does hereby recommend recommend to the City Ccuncil that Petition Z-305 be denied for the reasons that it would create a traffic hazard in this area, be injuri- ous to the surrounding neighborhood and leave no control of other uses allowed in a C-2 district which, because of their nature, would create traffic problems, etc., and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of August 21, 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. The chairman declared a ten minute recess at approximately 10:05 p.m. Mr. Angevine, Chairman, called the Public Hearing to order again at approximately 10:15 p.m. with all those present who were present during the first half of the meet- ing. 1[4. Mr. McCullough announced the next item on the agenda was Petition Z-308 by Donald Deremo in behalf of Leonard E. Ricketss, asking for a change of zoning on parcel of land located on the Southeast corner of Middlebelt and Elsie in the Northwest 1/4 of Section 24 from C-1 to C-2. Mr. Donald Deremo representing petitioner. 2163 Mr. McCullough read recommendation dated August 28, 1958 from Mr. Albe Munson, Plan- ning Consultant. Mr. Okerstrom stated that this area had been before the Commission once before for approval of a gas station. Mr. Donald Deremo stated he had no knowledge of this, their request for rezoning was so petitioner would be allowed to establish a dry cleaning business. There was no one in audience who wished to speak either in favor of or opposed to petitipn. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Kane, it was #9-245-58 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-308 as submitted by Donald Deremo for Leonard E. Ricketts for a change of zoning in the Northwest 1/4 of Section 24 from C-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition Z-308 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of August 21, 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. A roll call vote on the foregoing resolution resulted in the following: IE: AYES: Greene, Okerstrom, Peacock, Kane, Walker, Harsha and Angevine NAYS: Robinson The chairman declared the motion is carried and petition is granted. Mr. McCullough announced the next item on the agenda was Petition Z-311 by Joseph and Patricia Cyr, asking for a change of zoning on parcels of land located West of Farmington Road approximately 500 ft. South of Plymouth Road in the Northeast 1/4 of Section 33 from RUFB to C-2. Mr. & Mrs. J. Cyr present. Mr. McCullough asked Mr. Cyr why he had requested C-2 rather than PS. Mr. Cyr answered only because they are proposing to erect an art gallery which is not under the PS district, and that the northerly half of lots 200 and 201, which petitioner does not own, is presently zoned C-2. Because one-half of the lots are zoned C-2, felt that to continue the C-2 would be better than to have PS between C-2 and RUFB. Mr. Cyr presented a plot plan and a perspective of the proposed Professional Village to be erected on property in petition. Mr. Cyr stated that there will be no other C-2 uses in this area other than the art gallery, and that there will be a statement in the lease for the different professional businesses which will state that the character of the area is established before the lease is signed. Mr. Cyr continued that he has had difficulty in obtaining mortgages from the bank be- t: cause of the PS classification due to it being new in the Zoning Ordinance. Would not have this difficulty if it were zoned C-2. Also stated that his residence is on a 91 ft. strip which will act as buffer between the RUFB and C-2. Mr. Walker stated he felt that the plot plan presented tonight was very good and that the proposed professional village should be beneficial to the city as a whole. • 2164 Mr. Greene questioned the PS classification, if the mortgage companies would not give mortgages on its classification. Mr. Pinto stated that the PS classification was created to cover those cases where professional people wanted to use property for professional purposes but are located immediately next to a residential area. This PS does not cover the use of one of the professions. The mortgage company questions the use because of the unique character, of the proposed development and financing is much more precarious. Mr. Greene asked if this petition is approved would it set a precedent. Mr. Pinto stated each case must be determined on its own facts. Mr. Peacock asked why C-1 zoning could not be used, but it was determined that art galleries are not allowed in C-1. There was no one in the audience who wished to speak either in favor or opposed to petition. Upon a motion duly made by Mr. Walker, supported by Mr. Harsha and unanimously adopted, it was #9-246-58 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-311 by Joseph and Patricia Cyr for a change of zoning in the Northeast 1/4 of Section 33 from RUFB to C-2, the City Planning Commission does hereby recommend to the City Council that Petition Z-311 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of August 21, 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 and petitioner as listed in the Proof of Service. The chairman declared the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition V34 by Warren R. Markle on behalf of certain residents, asking that the alley bounded by Pickford on the North, Curtis on the South, Farmington on the West, and Westmore on the East in the Garden Grove Subdivision in the Northwest 1/4 of Section 10, be vacated. Mr. Markle present. Mr. McCullough submitted letter received from the Engineering Department, dated August 25, 1958, from the Michigan Bell Telephone, dated August 27, 1958, and from Detroit Edison Company, dated September 3, 1958. There was no one in audience who wished to speak either in favor or in opposition to petition. Upon a motion duly made by Mr. Robinson, supported by Mr. Kane and unanimously car- ried, it was ILO #9-247-58 RESOLVED that, pursuant to a Public Hearing having been held on September 9, 1958 on Petition V-34 as submitted by Warren R. Markle for the vacating of alley bounded by Pickford on the 2165 North, and Curtis on the South, Farmington on the West and Westmore on the East in the Garden Grove Subdivision in the Northwest 1/4 of Section 10, the'City Planning Commission does hereby recommend to the City Council that Petition V-34 be granted subject to an easement being created for 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 August 21, 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 is adopted. Mr. McCullough announced the next item on the agenda was Petition V-35 by certain residents in Coventry Gardens Subdivision, asking that the alley dividing lots 278 and 279 facing Farmington Road, and also alley between lots 275 and 282 siding Myrna Drive, be vacated; these alleys situated in the Southeast 1/4 of Section 16. Mr. McCullough submitted letters received from the Engineering Department dated August 26, 1958, the Michigan Bell Telephone Company dated August 29, 1958, and from the Detroit Edison Company dated September 3, 1958. Mr. Donahey, 15175 Farmington 1: and Mrs. Holbrook, 15149 Farmington, were present as petitioners. There was no one in audience who wished to speak either in favor of or in opposition to petition. Upon a motion duly made by Mr. Kane, supported by Mr. Peacock and unanimously carried, it was #9-248-58 RESOLVED that, pursuant to a Public Hearing having been held on September 9, 1958 on Petition V-35 as submitted by certain residents for the vacating of alley dividing lots 278 and 279 facing Farmington Road and also alley between lots 275 and 282 siding Myrna Drive be vacated; these alleys situated in the Southeast 1/4 of Section 16, the City Planning Commission does hereby recommend to the City Council that Petition V-35 be granted subject to an easement being created for 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 August 21, 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. Mr. McCullough announced the next item on the agenda was Petition Z-312 by the City Planning Commission on its own motion to determine whether or not Section 4.45 of 2166 Article 4.00 of the Zoning Ordinance, Ordinance No. 60 should be amended. (Protec- tive Walls) The following motion was duly made by Mr. Harsha, supported by Mr. Kane, but was withdrawn after further consideration. RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-312 initiated by the City Planning Commission on its own motion to determine whether or not Section 4.45 of Article 4.00 of the Zoning Ordinance, Ordinance No. 60 should be amended, the City Planning Commission does hereby recommend to the City Council that Petition Z-312 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of August 21, 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, as listed in the Proof of Service. There was no one in audience who wished to speak either in favor or in opposition to petition. The chairman ruled that this item be taken under advisement. Upon a motion duly made by Mr. Walker, supported by Mr. Okerstrom and unanimously carried, it was #9-249-58 RESOLVED that, this Public Hearing be duly adjourned at approximately • . 11:15 p.m. The chairman called the 95th Regular Meeting to order at 11:17 p.m. with all those present now who were present at the Public Hearing. Mr. McCullough announced the next item on the agenda was the proposed Mar-Git Sub- division submitted by Gordon-Begin Investment Company located in the Southwest 1/4 of Section 24. Public Hearing for re-affirmation on August 19, 1958; tabled until regular meeting in order that property owners could submit a report after they had had a meeting with the Traffic Commission. Mr. McCullough informed the Commission that the property owners had not had a change to see the Traffic Commission and have asked that this be tabled until they had, and that Mr. Begin had concurred with the suggestion. Mr. Robinson suggested that this item be tabled and to inform the interested property owners when it will be placed on the agenda again. Upon a motion duly made by Mr. Robinson, supported by Mr. Walker and unanimously carried, it was #9-250-58 RESOLVED that, the Proposed Mar-Git Subdivision located in the Southwest 1/4 of Section 24 be tabled until September 23, and that property owners who objected at Public Hearing held August 19, 1958 be notified of this meeting. The chairman declared the foregoing resolution adopted and item is tabled until • . 2167 ESeptember 23. Mr. McCullough 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 in the Northwest and Northeast 1/4 of Section 14 from RUFB to C-1. Mr. Clarence Charest and Mr. D. Bourdas present at meeting. Upon a motion duly made by Mr. Robinson, supported by Mr. Peacock, it was #9-251-58 RESOLVED that, pursuant to a Public Hearing having been held on July 15, 1958 on Petition Z-290 as submitted by Daniel and Patricia Bourdas for a change of zoning in the Northwest and Northeast 1/4 of Section 14 from RUFB to C-1, the City Planning Commission does hereby recommend to the City Council that Petition Z-290 be denied on the ground that to approve it would constitute spot zoning, 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 Tele- phone Company, The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. Mr. Greene stated he wished to clarify his position on this matter, stating that at 1[40 the September 2nd meeting when a roll call vote had been called to grant petition, he had voted in favor and the roll call vote had resulted in a tie vote, at which time he had suggested item be tabled until a full commission was present. He further stated that in changing the request from C-2 to C-1, removed any doubt from his mind that this should be approved since it will be an asset to the City, and that the im- provements contemplated will be non-injurious to the area. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Kane, Harsha, Robinson, Angevine NAYS: Greene, Okerstrom and Walker The chairman declared the motion is carried and petition is denied. Upon a motion duly made by Mr. Peacock, supported by Mr. Robinson, it was #9-252-58 RESOLVED that, pursuant to a Public Hearing having been held on August 19, 1958 on Petition Z-302 as submitted by David Lewis for a change of zoning in the Southwest 1/4 of Section 36 from RUFB to PS, the City Planning Commission does hereby recommend to the City Council that Petition Z-302 be denied for the follow- ing reasons: (1) that the requested zoning change is not in harmony with the Iril surrounding land uses all of which are presently developed or under development, (2) that the requested zoning classification would be incon- sistent with the comprehensive zoning map of the City of Livonia, and 2168 FURTHER RESOLVED, that notice of the above hearing was published in the official newspaper, The Livonian, under date of July 31, 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Okerstrom, Peacock, Kane, Walker, Robinson NAYS: Harsha, Angevine The chairman declared the foregoing resolution is adopted. Upon a motion duly made by Mr. Robinson, supported by Mr. Peacock and unanimously adopted, it was #9-253-58 RESOLVED that, pursuant to a Public Hearing having been held on August 19, 1958 on Petition Z-300 as submitted by Joseph and Hannah B. Schultz for a change of zoning in the Northwest 1/4 of Section 12 from RUFB to C-2, the City Planning Commis- sion does hereby recommend to the City Council that Petition Z-300 be denied for the following reasons: (1) that the request, if granted, would create an excessive length of commercial property into an existing residential area; (2) that the requested zoning change is not in harmony with the comprehensive zoning map nor with the general zoning plan of the City of Livonia; and (3) that the requested zoning change would interfere with the orderly and proper development of the surrounding portion of this community, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 31, 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. Mr. McCullough announced the next item on the agenda was Petition Z267 by Mr. & Mrs. Rasmussen asking for a change of zoning on parcels of land located on the South side of Ann Arbor, approximately 600 feet West of Hix Road and situated in the Southwest 1/4 of Section 31 from RUFB to C-1. Mr. Perlongp,who was present, stated that he would be willing to delete parcel "Ptr from the petition because parcel "Q', which was not included in petition, separates the parcels that are included in petition. Ire Upon a motion duly made by Mr. Robinson, supported by Mr. Okerstrom and unanimously carried, it was #9-254-58 RESOLVED that, the City Planning Commission does hereby allow 2169 Mr. N. Perlongo, attorney for petitioners of Petition Z-267, to amend his petition to delete "Item P" from the petition. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Okerstrom, Peacock, Kane, Walker, Harsha, Robinson, Angevine NAYS: None #9-255-58 RESOLVED that, pursuant to a Public Hearing having been held on April 15, 1958 on Petition Z-267 as submitted by Mr. & Mrs. Henry R. Rasmussen for a change of zoning in the South- west 1/4 of Section 31 from RUFB to C-1, the City Planning Commission does hereby recommend to the City Council that Petition Z-267 be granted, 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. A roll call vote on the foregoing resolution resulted in the following: I[: AYES: Greene, Okerstrom, Kane, Walker, Harsha, Robinson and Angevine NAYS: Peacock The chairman declared the foregoing resolution is adopted. There was a brief discussion whether or not Section 20.01, Zoning Ordinance No. 60 should be amended to require that an area plan be submitted when a petition is filed by a property owner for a change of zoning. Upon a motion duly made by Mr. Robinson, supported by Mr. Harsha and unanimously adopted, it was #9-256-58 RESOLVED that, pursuant to Section 20.01 of the Zoning Ordinance of the City of Livonia, Zoning Ordinance No. 60, as amended, the City Planning Commission at this time on its own motion does hereby provide for a Public Hearing to be held to determine whether or not to amend Section 20.01 of Article 20.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia", as follows: THE CITY OF LIVONIA ORDAINS: Section 1. Section 20.01 of Article 20.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia," is 1[: hereby amended to read as follows: Section 20.01 Amendments. This ordinance may be amended, from time to time, pursuant to the provisions of Section 4, Act 207, Public Acts of Michigan of 1921, as amended. All amend- 2170 ment shall be de in the mannerpprovided in this section and Section 3.05 of this ordinance. roveedings to amend this ordinance or the Zoning Map of the City of Livonia shall be in- itiated or commenced by any one or more of the following methods: (a) By resolution of the Council wherein the question whether or not a particular amendment should be made is referred by the Council, on its own motion, to the City Planning Commission; and wherein such commission is re- quested to hold a public hearing on the question and to thereafter make a report and recommendation to the Council; (b) By resolution of the City Planning Commission wherein such commission, on its own motion, provides for a public hearing on the question whether or not a particular amend- ment should be made and for a report and recommendation thereon to the Council; or (c) By written application in triplicate, addressed to the Council, duly signed by the owners of fifty per cent (50%) or more of the frontage in any district or part thereof, duly acknowledged by each owner substantially in accordance with the statutory provisions for acknowledgment of deeds, and accompanied by the filing fee hereinafter fixed. Each proceeding, whether originating by resolution or application, shell be designated as a Upetitiontt, shall be submitted to the City Attorney for his approval as to form and on such approval, shall be filed in the office of the City Clerk and given a number. Where a petition is presented by a property owner or property owners, such petition shall contain the following information: (a) Names and addresses of owner or owners; (b) A complete legal and common description of the property involved; (c) The existing zoning classification of such property; (d) The change or amendment desired; (e) The reasons for such change or amendment; (f) The applicantts petition must be verified; (g) Area Plan which should include the following information: Scale - 400 feet equals one (1) inch: Date; North point; 2171 1[40 Key to symbols, if used; 1 Name and address of petitioner: Section number; Streets (named) including the nearest major streets: Parcel numbers; Structures and existing land use on all lots which are adjacent to structures or which about the subject tract and on such additional lots as may, in the City Planner's opinion, be necessary to properly reflect the surrounding land use; Proposed land uses in the area sought to be rezoned; and Dimensions on proposed rezoning. 110 Each petition of a property owner or owners shall be accompanied by a filing fee of Five Dollars ($5.00); provided, however, that each subsequent petition involving substantially the same subject matter and parties as a prior petition shall be considered merely as a petition for rehearing of such prior petition and shall be given the same number as such prior petition; and, provided further, that no additional fee is required on the first petition for re- hearing of a prior petition, but a filing fee of Twenty-five Dollars ($25.00) is hereby fixed for each additional petition for rehearing of such prior petition. All filing fees shall be paid to the City Treasurer. On receipt of a petition for amendment in due form and on payment of the required filing fee, the City Clerk shall forth- with refer such petition to the City Planning Commission. Such commission shall, within ninety (90) days following reference to it of a petition, hold a public hearing on the petition, grant any person interested an opportunity to be heard thereon and make a report and recommendation on such petition to the Council. Not less than fifteen (15) days' notice of the time and place of such public hearing shall first be published in the official newspaper or a paper of general circulation in the City of Livonia, and not less than fifteen (15) days' notice of the time and place of such public hearing shall first be given by registered United States mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the district or zones affected. The Council shall either approve or reject the recommendations of the City Planning Commission; provided, however, that all amendments to this ordinance or to such zoning map shall be made by ordinance; and, provided further, that in case a protest against a proposed amendment be presented, duly signed by the 2172 I: owners of twenty (20) percentum or more of the frontage proposed to be altered, or by the owners of twenty (20) percentum or more of the frontage immediately in the rear thereof, or by the owners of twenty (20) percentum of the frontage directly opposite the frontage proposed to be altered, such amendment shall not be passed except by the three-fourths vote of the Council. Section 2. All ordinances or parts of ordinances in conflict here- with are repealed only to the extent necessary to give this ordinance full force and effect. Section 3. If any part or parts of this ordinance are for any reason held to be invalid, such holding shall not affect the validity of the remaining portions of this ordinance. FURTHER RESOLVED, that a hearing be held and that notice be given as provided in Section 20.01 of the Zoning Ordinance, Ordinance No. 60 of the City of Livonia and that there shall be submitted a report and recommendation thereon to the City Council. There was a brief discussion whether or not Section 20.01 of Zoning Ordinance No. 60 should be amended to require an increase in the filing fee for submitting a petition Ire for rezoning, basing increase on a square footage basis or on frontage basis. It was determined that the City Planner would investigate matter further on the square foot basis and present his report to the Commission as soon as possible. It was determined that the Planning Commission would invite Mayor Brashear to a special meeting to be held on Thursday, September 18, 1958 at the City Hall in order to discuss Petitions M-114 and M-118 which were denied by the Planning Commission on August 19, 1958. Petition M-114 - request to erect gas station on Northeast corner of Six Mile and Farmington in the Southwest 1/4 of Section 10; and Petition M-118 - request to erect gas station on Northwest corner of Six Mile and Farmington in the Southeast 1/4 of Section 9. The chairman informed the Commission that both of the above mentioned petitions were scheduled for a rehearing, as requested by petitioners, on Tuesday, September 23, 1958. There was a brief discussion in relation to the communication that all City employees and members of Boards and Commissions had received from Mayor Brashear, dated August 28, 1958, regarding the Civic Improvement Program. Mayor Brashear has suggested calling a meeting of all city employees and members of the Boards and Commissions for the purpose of giving them all available facts on the proposed Civic Improvement Program which has been scheduled for the November 4th election. It was decided by the Commission to forward a letter to the Mayor stating that the Ire Commission is agreeable to holding a meeting whenever it is convenient with the others. Upon a motion duly made by Mr. Robinson, supported by Mr. Harsha and unanimously adopted, it was . 2173 #9-257-58 RESOLVED that, the City Planning Commission does hereby rescind I[: the previous resolution wherein all property owners were to be notified by mail in relation to zoning petitions, and that the Planning Commission will conform with Section 20.01 of the Zon- ing Ordinance No. 60 which requires that a public hearing notice will be published in the official newspaper of the City of Livonia not less than 15 days prior to the time and place of such public hearing, and notice of public hearing shall first be given by registered United States mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the district or zones affected. The chairman declared the foregoing resolution adopted. The chairman submitted a letter from Mr. C. Pinto, Assistant City Attorney, dated September 8, 1958 in which it was stated that the Law Department recommended that the Planning Commission establish a Rules Committee and formulate rules of procedure to govern the conduct of public hearings and regular meetings. A Rules Committee was formed consisting of Mr. Charles Pinto, Assistant City Attorney, Mr. David McCullough, City Planner, Mr. Wiliam Robinson, Secretary and Mr. Charles Walker. It was determined that Mr. McCullough will prepare a report for the Commis- sion for a later meeting. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Walker, it was I[: #9-258-58 RESOLVED that, pursuant to a Public Hearing having been held on August 19, 1958 on Petition Z-249a as submitted by Luther G. and Gladys L. Lentz for a change of zoning in the Northeast 1/4 of Section 31, the City Planning Commission does hereby recommend to the City Council that Petition Z-249a, as amended, be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 31, 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, and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Okerstrom, Kane, Walker, Harsha, Robinson and Angevine NAYS: Peacock The chairman declared the motion is carried and petition is granted. Mr. McCullough announced that in relation to Petition Z-287 submitted by Michael J. Caffery for a change of zoning in the Southeast 1/4 of Section 30 from RUFB to C-2, which was denied by the City Planning Commission and recommended to the City Council - the City Council had referred Petition Z-287 back to the Planning Commission for reconsideration in order that the Planning Commission could study the site needs of the Livonia Fire Department in connection with this petition. • p 2174 It was determined that a letter be written to the Fire Commissioner, requesting a plot of the area to be furnished the Planning Commission. Upon a motion duly made by Mr. Kane, supported by Mr. Robinson and unanimously adopted, it was #9-259-58 RESOLVED that, pursuant to a Public Hearing having been held on February 18, 1958 on Petition Z-261 initiated by the City Plan- ning Commission on its own motion for a change of zoning in the Southwest 1/4 of Section 16 from R3 to AGB, the City Plan- ning Commission does hereby recommend to the City Council that Petition No. Z-261 be denied without prejudice, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of January 23, 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 and petitioner as listed in the Proof of Service. The chairman declared the motion is carried and petition is denied without prejudice. Upon a motion duly made by Mr. Robinson, supported by Mr. Kane, it was #9-260-58 RESOLVED that, statement from Mr. Albe Munson for the month of August in the amount of $535.00 is hereby approved and will be forwarded to the proper department for payment. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Okerstrom, Kane, Walker, Harsha, Robinson, Peacock, and Angevine NAYS: None The chairman declared the motion is carried and statement will be forwarded to proper department for payment. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Walker and unanimously adopted, this 95th Regular Meeting was duly adjourned on Wednesday, September 10, 1958 at 12:30 a.m. William R. Robinson, Secretary lfd ATTESTED: obert L. Angevine, Chairman 1114)