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HomeMy WebLinkAboutPLANNING MINUTES 1959-04-07 w , 2443 MINUTES OF THE PUBLIC HEARING AND THE 105th Il] SPECIAL MEETING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA. On April 7, 1959 the City Planning Commission of the City of Livonia held a public hearing on the 1 05 th Special Meeting at the Livonia City Halt,, 33001 Five Nle Road, Livonia, Michigan. Mr. Angevine, Chairman, called the Public Hearing to order at appro ximately 8:05 p.m. Members Present: Robert L. Greene, Leonard Kane, Robert Angevine, Charles Walker, H. Paul Marsha, William R. Robinson, Wilfred Okerstrom and Dennis Anderson Members Absent: Robert L. Peacock Mr. Anderson was excused in order that he could attend the study session of the City Council. Mr. Mc Cullough, City Planner, was present along with approximately 50 interested persons. Mr. Mc Cullough announced the first item on the agenda was Petition M-148 by the Aurora Land Company who are requesting permission to erect gasoline service station on the Northwest corner of Schoolcraft and Merriman in the Southeast 1/4 of Section 22. Mr. John F. Hamilton, 15317 E. Warren, Detroit, and Mr. Robert Caber man were present. ii: Mr. Mc Cullough submitted a letter dated April 1, 1959 from the Board of County Road Commissioners. Mr. Rod Kropf, Assistant City Attorney arrived at 8:10 p.m. Mr. Hamilton, state d that in relation to the balance of the surrounding com- mercial area, they had contemplated erecting bowling ]lanes but that it was now thought that this area would be more suited for a food market. Several food markets have indicated their intent to erect a store in this area but not at the present time. It was thought that it would be best to wait until the Subdivision proposed to the north was completed sometime next year. It was ascertained that this commercial area included the present water tank. Mr. Robinson asked how soon was the City Council going to act upon the revised ordinance pertaining to 3asoline stations. Mr. Mc Cullough stated he had no information on this but that this proposed station complied with the revised ordinance. Mr. Walker stated he would like to see a more definite plan for the surrounding area because of the city property with the water tank being so close to this commercial area. Stated further that some agreement should be made as to a pro- tective wall between the commercial and the proposed residential. Felt that the commission should be reasonably assured as to the development of the remainder of the commercial area. Mr. Hamilton stated they were in complete agreement to erecting a protective wall 2444 when the commercial area is developed and stated it could be made I: as a condition in the resolution for approval. Mr. Angevine asked if there was anyone in the audience who wished to speak. There was none. Mr. iialker suggested that this item be taken under advisement until such time as a more definite plan is submitted for the surrounding commercial area. iv`r . Kane stated he could see no reason for this . Upon a motion duly made by Mr. Kane, it was #4 -59 RESOLVED that, pursuant to a Public Hearing having been held Tuesday, April 7, 1959, the City Planning Commission does hereby grant petition of the Aurora Land Company to erect a gasoline station on the Northwest corner of Schoolcraft and Merriman in the Southeast 1/14 of Section 22, a nd FURTH .R R-SOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Walker asked if Mr. Kane was making the motion to approve with- out stipulating that a greenbelt was to be erected. Mr. Kane stated he was since the petitioner had agreed to erect such a greenbelt. F There was no support to Mr. :.ane is motion to approve. Mr. Angevine declared the foregoing motion died for lack of support and that this item would be taken under advisement for further study. Mr. Anderson arrived at approximately 8:30 p.m„ Mr. Mc Cullough announced the next item on the agenda was Petition M-149 by Bartlett Cady who is requesting permission to build office and operate a used car sales on the South side of Eight Mile Road between Fremont and Hugh In the Northeast 1/4 of Section 2. Mr. Cady was present . Mr. Okerstrom asked if there was a building on the property at present. Mr. Cady stated there wasn't . Mr. Talker questioned whether there would be sufficient room for the parking of the used cars after the petitioner has complied with the required 40 ft. set back. Mr. Angevine asked if there wa s anyone in the audience who wish- ': ed to speak. Mr. Lawrence Wagner, 20417 Fremont stated he objected to petition, would prefer something more presentable. 2445 Mrs . Hoy, 20403 Fremont also objected to petition, would prefer 17 stores rather than a used car lot . 100 Mrs. Thelma ragner concurred with previous objectors. Also stated she felt that a used car lot would be dangerous because of the many children in the area. Mr . Walker stated that it should be decided whether or not a 40 ft set back is require before action is taken on petition as the petitioner may not want a 40 ft . set back. It was ascertained that with a 40 ft . set back there would only be enough room for six cars on the lot . Mr. Angevine stated this item woul d be taken under advisement . Mr. Mc Cullough announced the next item on the agenda was Appli- cation TA-44 by Harold E. Edwards requesting permission to remove topsoil from Parcel 16A, 16 Bla, and 16 C located on the r';est side of Farminton between Six i.iile Road and Oakdale in the North- east and Northwest corner of Newburg and Lyndon in the Northeast 1/4 of Section 19. This was a renewal. i'Ir. Mc Cullough submitted a letter dated i4arch 11, 1959 from the Police Department and a letter dated March 17, 1959 from the Engineering Department. Mr. Walker, Chairman of Topsoil Committee, stated that he had no objection to approve application for removal of topsoil but felt that the bond set foi' the first application should be checked in order to determine if it is sufficient for this large area. There was no one in the audience who wished to speak either in favor or against petition. Upon a motion duly made by Mr. alker, supported by Mr. Kane, it was #4_ -59 RESOLVED that, pursuant to a Public Hearing having been held by the City Planning Commission noes hereby grant Application TA_44 by Harold E. Edwards requesting per- miss ion to remove topsoil (stockpile) on Parcels 16A, 16 Bla, and 16 C located in the Northeast and Northwest 1/4 of Section 16, and FURTH .R RESOLVLD, that the performance bond be continued on the above application at ;;=500.00 per acre and it is recommended that the Bureau of Inspection issue a permit to this effect , anu FURTHER RESOLVED, notice of the above hearing was sent to the property owners within 500 ft . , petitioner, City Departments as listed in th;: Proof of Service and re- commendations having been obtained from the Department of Public torks under date of March 17, 1959 and from the Police Department under date of March 11, 1959. 2446 There was a brief discussion after which Mr. Talker stated he wished to amend his motion to approve said application. Upon a motion duly made by Mr. Walker, supported by Mr. Kane, it was #4-98-59 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby grant Application TA-44 by Harodl E. Ldwards requestinger- mission to remove topsoil (stockpile) on Parcels 1OA, 16Bla and 16C located in the Northeast and Northwest 1/4 of Section 16, subject to the following conditions, in addition to those imposed at the time of granting the original petition. (a) that the a pplicant shall not at any time allow water to collect on the subject property or on adjoining prop- erty and at all times shall maintain adequate drainage, (b) that the applicant shall not excavate below the grade of any proposed subdivision streets, (c) that the applicant shall at all times comply with all traffic requirements established by the Police Department and FURTHER RESOLVEID, that the existing performance bond be continued on the above application at ;,500.00 per acre and 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 within 500 ft. , petitioner, City Departments as listed in the Proof of Service and recom- mendations having been obtained from the Department of Public Forks under date of March 17, 1959 and from the Police Department under date of March 11, 1959. A roll call vote on the foregoing resolution resulted in the following: AYES: 'Anderson, lhalker,- Zane, Harsha, Okerstrom, Green, Robinson and Angevine ` NAYS : None The Chairman declared the foregoing resolution adopted. ivir. Mc Cullough announced the next item on the agenda was Applica- tion TA-45 by _dward & Leonard Raney requesting permission to remove topsoil from Parcels A3 and A4 located on the Northwest corner of Newburg and Lyndon in the Northeast 1/4 of Section 19. This is a renewal. Mr. Mc Cullough submitted a letter dated March 12th from the Police Department and also a letter dated March 17, from the Engineering Department. Mr. Raney was present. 2447 There was no one in the audience who wished to speak either in favor or gainst application. Mr. Walker, Chairman of Topsoil committee stated he had no object- ion to the application as this was a stockpile of topsoil. Upon a motion duly made by mr. Robinson, supported by Mr. calker and unanimously adopted, it was #4-99-59 RESOL ED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby grant Application TA-1+5 by Edward and Leonard Raney requesting permission to remove topsoil (stockpile) on Parcels A3 & A4 located on the Northwest corner of Newburg and Lyndon in the Northeast 1/4 of Section 19, subject to the following conditions: (a) that the a pplicant shall not at any time allow water to collect on the subject property or on adjoining prop- erty and at all times shall maintain adequate drainage, (b) that the applicant shall not excavate below the grade of any proposed subdivision streets, (c) that the applicant shall at all times comply with all traffic requirements established by the Police Department and FURTHER RESOLVED, that the exisiting performance bond be continued on the above application at $500.00 per acre and it is recommended that the Bureau of Inspection issue a permit to this effect, and FURTHER RESOLIED, ;.Totice of the above hearing was sent to the property owners within 500 ft. , petitioner, City Departments as listed in the Proof of Service and recom- mendations having been obtained from the Department of Public Iorks under date of March 17, 1959 and from the Police Departments under date of March 11, 1959. The Chairman declared the foregoing resolution adopted. Mr. Mc Cullough announced the next item on the agenda was pro- posed Bretton Gardens Colony submitted by Carey Homes, Inc. , located on the North side of St. lIartins Road approximately 650 ft . East of Purlingbrook in the southeast 1/1+ of Section 2. Mr. George Karabenick was present. Mr. Harsha, Chairman of the Plat Committee, stated the plat con- formed with all requirements; Mr. Robinson and Mr. Okerstrom concurred with Mr. Harsha. Mr. Angevine asked if there was anyone in the audience who wished 1: to speak either in favor or against proposed subdivision. Mr. J ohn Berger, 29907 St. Martins, objected to the 80 ft. drain easement running across St. Lartins blocking the thoroughfare to 2448 Middlebelt He was informed that the Department Of Public uvorks would be able to help him in this matter. Mr. Schmidt, Superintendent of Clarenceville Schoon lshaskeiswhat tpro- vision had been made to assure that the chilwould not have to walko u�neSchmidtlthatfar atcrosswalk hadget beenodesigschool. It . was pointed out nated for this purpose. Upon a motion duly made by Mr. Kane, supported by Mr. Robinson and unanimously adopted, it was #4-100-59 RESOLVAD that pursuant to a Public Hearing having been held on Tuesday, April 7, 1959, the City Planning Commission does hereby give approval to preliminary plat of Bretton Gardens Colony Subdivision submitted by Carey Homes, Inc.. located50f . on the oofNPurlingbrook inSt . theMartins Southeast 1�}rofimately Sec- 650 ft. East Purling brook 2, and FURTH .R R _SOLVED, 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 Popa rtment, Superintendent Schools, Department, Police Deprtment, Parks & Recreation Department Members of the Plat Committee. The Chairman declared the foregoing resolution is adopted. Mr. Mc Cullough announced the next item on the agenda was proposed Cass ino Gardens Subdivision submitted by Neree D. Ai75 te Sol Eightd oh of toon the Easteinf the Northeast 1/4brook rofiSection32. hMileRoad Mr. Mc Cullough submitted a letter dated April 6, 1959 from the Fire Department and a letter dated April 6, 1959 from the Bureau of In- spection. Mr. Angevine asked if there was anyo ao subdivision. the Mr. who wished to speak either in favor or opposed Mr. Schmidt, Superintendent of Clarenceville Schools stated that a crosswalk should bedoeseg�tedin the hildredncto go+sac of the to school withoutproposed t subdivision in order p having to go completely around. Mr. Okerstrom asked why the street hadn't been cut through. Mr. Cullough stated that the developer street going throughalternative scheme showing Sinacola Rd. Mr. Harsha .stated there was no question that a cross walk should be designated for the children to get to school but felt that it would be wise to have the street cut thatthrough ofand Oporto should be pav- cul-de-sac. Mr. Harsha also felt ed by the developer. • 2449 Mr. Schmidt submitted a letter dated April 6, 1959 to the Commission. Stated there would be no objection to the present plat if a cross- walk is put in. Mr. Okerstrom questioned depth of Lot #8 as to necessary require- ments for back & front yards. After a brief discussion, the Plan- ning Commission decided that the plat without the cul-de-sac, Scheme B was more favorable. Upon a motion duly made by Mr. Robinson, supported by Mr. Kane, it was #4.101-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, April 7, 1959, the City Planning Com- mission does hereby give approval t o preliminary plat of Cassino Ga rdens Subdivision (Scheme "B") located on the East side of Purlingbrook approximately 375 ft . South of Eight Mile Road in the Northeast i/4 of Section 2, sub- ject to paving half of Oport9,. 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 c opies of the plat together with notice having been sent to the Building Department, Parks & Recreation Department and Members of the Plat Committee, A roll call vote/the e foregoing resolution resulted in the following : AYES: Anderson, Walker, Kane , Harsha, Greene, Robinson and Angevine NAYS: Okerstrom The Chairman declared the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was proposed Kimberly Oaks Estates Subdivision (addition) submitted by the G. H. Pastor development Company located on the South side of Lyndon Road, East of Brookfield in the Southwest 1/4 of Section 22. Mr. Mc Cullough submitted a letter dated April 6, 1959 from the Bureau of Inspection; a letter dated April 6, 1959 from the Fire De- partment. e- partment. There was no one in the audience who wished to speak either in favor or opposed to proposed plat. Mr. Walker asked if this addition is to the already approved prelim- inary plat of 'limberly Oaks estates Subdivision. It was ascertained that this was correct. Mr. George Pastor arrived at this time, and asked that this item be to ken under advisement momentarily until his attorney could be j present . Mr. Canham was at the City Council meeting on another matter. 2450 The Chairman declared that this item would be taken under advisement Ei for the time being. Mr. Mc Cullough announced the next item on the agenda was the propos- ed plat of Idyle Hills Subdivision submitted by Clarence Charest and located on the North side of Five Mile Road approximately 1900 ft. West of Ashurst Road in the southwest 1./4 of Section 16. Mr. Charest was present. Mr. Charest stated that there might be some question about Lot 78 which only had a depth of 100 ft. but had a frontage of 100 ft. Felt tha t if a house is built with an attached garage and face Hambelton it would be permissible or a hou >e with an attached garage erected kitty-corner would also be permissible. Mr.. Harsha questioned the subdivision h aving only one ingress but could not give a solution to the problem. Stated further that he also questioned Fairway running into Roycroft. Mr. Robinson con- curred w ith Mr. Harsha. Mr. Okerstrom asked where does Rayburn continue. Mr. Charest stated it wa s to be continued in the unplatted land to the east. It was because this property was unplatted that there was only one ingress and egress to the subdivision. Stated further he believed at one time there had been a plat for this area but that the preliminary approval had expired. There was no one in the audience who wished to speak either in favor or opposed to subdivision. Mr. Kane asked what was to become of Outlot A and B. Mr. Charest answered the reason these outlots were not platted because it was almost impossible to bridge the deep ravines on this land. He stated further that it was necessary to build one bridge in the proposed subdivision or possibly a culvert. Mr. Harsha stated he felt that the Department of Public :orks would prefer a bridge. Mr. Walker felt that this plat was good planning. Upon a motion made by ,ir. Walker, supported by Mr. Okerstrom, and unanimously a dopted, it was #4-102-59 RESOLVED that, pursuant to a Public Hearing having been hold on Tuesday, April 7, 1959, the' City Planning Commis- sion does hereby give approval to the preliminary plat of the Idyle Hills Subdivision located on the North side of Five Mile Road a pproximately 1900 ft . Vest of Ashurst Road in the Southwest 1/4 of Section 16, subject to chang- ing certain street names, 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 De- partment, Superintendent of Schools, Fire Department, 2451 Police Department, Parks & Recreation Department and Members of the Plat Committee. The Chairman declared the foregoing resolution is adopted. The Chairman declared a recess at approximately 9:30 p.m. Mr. Angevine called the Public Hearing again to order at 9:45 p.m. with all those present now who were present at the time recess was called. Mr. Mc Cullough announced the next item was the proposed Kimberly Oaks Estates Subdivision which had been taken under advisement earlier in the evening in order that the petitioner and attorney could be present. He further stated that the addition involved seven lots and that Mr. Pastor and Mr. Canham were also asking that h revised preliminary plat be approved at this time also. The only change on the revised pla t was viestmore Drive being continued through, eliminating the eyebrow in order to provide access to future developenent to the south. Mr. Harsha asked Mr. Kropf if it was legal to approve a revised plat without a public hearing. Chir. Kropf stated that there was no mat- erial change in the plat ; that the Planning Commission was not en- larging the plat but just a continuance of a street for future development. Felt it was not necessary to hold another public hearing. Upon a motion duly made by Mr. ''alker, supported by Mr. Kane, it was #4-103-59 RESOLVED that, pursuant to a Public Hringhaving been held on Tuesday, April 6, 1959 the CityPlanning Commis- sion does hereby give approval to preliminary plat of an addition to the Kimberly Oaks ;;;states Subdivision located on the South side of Lyndon Road, East of Brookfield in the Southwest 1/4 of Section 22, and FURTHER RESOLVED, notice of the above hearing w as sent to the abutting property owners, proprietor, Gity Depart- ments as lis ted in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Superintendent of Schools, Fire Depart- ment, Police Department, Parks & Recreation Department, and Members of the Plat Committee. A roll call vote on the foregoing resolution resulted in the following: AYES: Anderson, V'a lker, Kane, Harsha, Greene, Robinson and Angevine NAYS: Okerstrom The Chairman declared the foregoing resolution is adopted. 2452 Mr. Angevine suggested that the public hearing be ad ourned before I: action is taken on the revised preliminary plat of Kimberly Oak s Estates Subdivision. Upon a motion duly made by Mr. Robinson, supported by Mr. Kane and unanimously adopted, it was #4-104-59 RESOLVED that, the City Planning Commission does hereby duly adjourn this public hearing on Tuesday, hpril 7, 1959 at approximately 10:00 p.m. The Chairman declared the foregoing resolution is adopted. Mr. Angevine called the 105th Special Meeting to order with all those present now who were present at the time the public hearing w as adjourned. Upon a motion duly made by Mr. Robinson, supported by Mr. Anderson and unanimously adopted, it was #4-105-59 RESOLVED that, the City Planning Commission does hereby give approval to a revised plat of the Kimberly Oaks Estates Subdivision located in the Northwest and Southwest 1/4 of Section 22, said revised plat designating that Westmore Drive be continued as per sketch "B". The Chairman declared that the foregoing resolution is adopted and I: the amended plat of the Kimberly Oaks Estates Subdivision is approved. Mr. Mc Cullough announced the next item on the agenda was Petition 7-365 by Boysland Company, Inc. , Joseph F. Slavik asking for a change of zoning classification on property located on the Northeast corner of Farmington and Six Mile Roads directly north and east of gas station in the Southwest 1/LE of Section 10 from RUFB and C-1 to C-2. Public hearing March 17, 1959, item taken under advisement. Mr. S. Slavik was present . Mr. !'+alker stated he had made another survey of the area and had ask- ed the City Planner if he would submit a master plan of the whole area so that this problem could be worked out between the petitioner and the commission. Suggested that the planning commission consider allowing the planner to study this further for an answer . Mr. Mc Cullough stated that the petitioner has asked if it would be more acceptable if the shopping center was turned around in order that it face Farmington rather than Six Mile Road and that it was suggested to the petitioner that the Southwest corner be rezoned to PS in order to eliminate the commercial at that corner. Mr. ' alker asked what was planned for the remaining 60 acres . Mr. Slavik stated that tentative plans for the Southwest corner are to have a medical center or clinic but they were not intending to E change the zoning of this corner from commercial to professional 2453 services . Felt that the southwest corner had nothing to do with the northeast corner now being petitioned for rezoning. Mr. Walker stated he felt that if the commercial on the southwest corner was removed and transferred to the northeast corner it would not increase the commercial but would balance it and make it more uniform than to have commercial on three corners of this intersection. Mr. Greene stated that this did not go along with the thinking of the city planner as he had determined that there was enough commercial in this immediate section. Stated further -he felt thht' a blight can develop if small areas of commercial are allowed. Mr. Kane asked if it mightnot be wise to ma ke the commercial larger so that a planned commercial development is here with sufficient parking and not have the smaller area. 1.Ir. Slavik stated this was their reason to petition for a larger area on the Northeast corner. Mr. Greene felt that it should be in accordance with whatever commercial is necessary in the surrounding area. Mr. Mc Cullough suggested to the petitioner to the proposed shopping center in order that it faces Farmington; requeste d that the com- mercial on the southwest corner be changed from C-1 to PS and also show the Commission what is intended for the remaining 60 acres in I: the Southwest 1/4 of Section 10. Mr. Slavik stated they would a gree to turn the shopping center to face Farmington and that the remaining 60 acres would be residential but did not care to rezone the Southwest from C-1 to PS. Mr. Harsha stated that the Planning Commission had hoped to make the Northeast and Northwest corners residential but due to considerable opposition the Planning Commission was forced to let these corners remain commercial. Mr. Walker asked what action could be taken tonight. Mr. Mc Cullough answered that the petitioner could withdraw this petition and then come back with a new petition showing the shopping center facing Farmington rather than six Mile Road; or this petition could be denied as it is presented. Mr. Robinson stated he would prefer to have the shopping center face Farrninton if this area had to be increased. Mr. Kane stated he was in favor of granting C-1 for the complete area and not the C-2; felt that a motion could be made to approve petition subject to amending the present request from C-2 to C-1 and facing the shopping center on Farmington. I: Mr. Mc Cullough stated this could not be done tonight that it would have to be readvertised first . 2454 Upon a motion duly made by Mr. Robinson, supported by Mr. Kane, it 1 was #4-106-59 RESOLVED that , the City Planning Commission does hereby allow Mr. Steve Slavik to withdraw Petition -365 re- questing a change of zoning on property on the Northeast corner of Farmington and Six Mile Roads in the Southwest 1/4 of Section 10 from RUFB and C-1 to C-2. A roll call vote on the foregoing resolution resulted in the follow- ing: AYES: Anderson, walker, Kane, Harsha, Okerstrom, Greene, Robin son and Angevine NAYS: None Mr. Greene and Mr. Anderson stated that if the petitioner returns with a petition to rezone said property to face Farmington, they could not vote "Yes" to the request. Upon a motion duly made by Lir. Robinson, supported by Mr. Green, it was #4-107-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, January 20, 1959 on Petition Z-314 as submitted by Patric J. Foley on behalf of Reynold and Nellie Esch, Maurice and Hattie Kenney, et al, for a change of zoning in the Southwest 1/4 of Section 6 and the Northwest 1/1E of Section 7 from C-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 7,-344 be denied for the following reasons : ( 1) the requested zoning change is not in harmony with the comprehensive zoning map or in harmony with the zoning of surrounding properties ; (2) the present zoning classification of the property will better promote the orderly development of the community and is in accord with the comprehensive zoning map and allows the property to be used for its most logical pur- pose; (3) the proposed change would interfere with the peaceful use and enjoyment of surrounding residential properties . FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonia, under date of January 1, 1959 and notice of which hearing was sent to The Detroit Edison Co. , Chesapeake & Ohio Railway Co., i,Tichigan Bell Telephone Co., The Consumers Power Co. , City Departments and petitioners as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the follow- ing: AYES: Anderson, Kane, Harsha, Greene and Robinson NAYS': Walker, Okerstrom a nd Angevine 2455 The Chairman declared the foregoing resolution is adopted. I: Upon a motion duly made by Mr. Anderson, supported by Mr. Kane, it was #4-108-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, January 20, 1959 on Petition ;-345 as submitted by John 0. Schroder, et al, for a change of zon- ing in the Southeast 1/4 of Section 7, Southwest 1/4 of Section 8, Northwest 1/4 of Section 17 and the Northeast 1/4 of Section 18 from C-i to C-2, the City Planning Com- mission does hereby recommend to the City Council that Petition 7-345 be denied for the following reasons : (1) that the requested zoning change is not in harmony with the comprehensive zoning map or in harmony with the zoning of surroundin; properties; (2) the present zoning classification of the property will better promote the orderly development of the community and is in accord with the comprehensive zoning map and allows the property to be used for its most logical pur- pose; (3) the proposed change would interfere with the peaceful use and enjoyment of surrounding residential properties . FURTHER RESOLIED, notice of the above hearingwas published in the official newspaper, The Livonian, under date of E January 1, 1959 and notice of which hearing was sent to The Detroit Edison Co., Chesa peake & Ohio Railway Co. , Michigan dell Telephone Co. , The Consumers Power Co., City Departments and petitioner as listed in the Proof of Service . A roll call vote on the foregoing resolution resulted in the follow- ing: AYES: Anderson, Kane, Harsha, Greene, Robinson and Angevine NAYS: Walker and Okerstrom The Chairman declared the foregoing resolution is adopted. Mr. Mc Cullough announced the next item on the agenda was Petition 7-366 by Andrew P. relzer and Lee C. Saperstein requesting a change of zoningin the Southeast 1/4 of Section 31 from RUFB to R1A and C-2. Public Hearing March 17, 1959, item taken under advisement; study meeting aarch 31, 1959. rir. Cla rence Charest was present. Mr . Mc Cullough stated that a letter had been received from Mr. Charest on behalf of petitioners requestin6 permission to amend petition to request for a C-1 zoning instead of a C-2 zoning. Upon a motion duly made by Mr. Robinson, supported by Mr. Bane and I: unanimously adopted, it was 2456 #4-109-59 R"=SOLVED that, the City Planning Commission does hereby allowMr. Clarence Charest, on behalf of petitioners for Petition Z-366 to amend said petition to request a C-1 zoning instead of the C-2 as originally requested. The Chairman declared the foregoing resolution is adopted. Upon a motion duly made by Mr. Kane, supported by Mr. Robinson and unanimously adopted, it was #4.-110-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, March 17, 1959 on Petition Z-366 as submitted by Andrew P. Weizer and Lee C. Saperstein for a change of zoning in the Southeast 1/4 of Section 31 from RUFB to R1A and C-1, the City Planning Commission does hereby recommend to the City Council that Petition Z-366 be granted, as amended, and FURTHER RESOLVED, notice of the above' hearing was publish- ed in the official newspaper, The Livonian, under date of February a6, 1959 and notice of which hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co., The Consumers Power Co., City Departments and petitioners as listed in the Proof of Service. The Chairman declared the foregoing resolution is adopted. ' ' Upon a motion duly made by Mr. Robinson, supported by Mr. Kane, it was #4-111-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, March 17, 1959 on Petition Z-370 as submitted by David J. sparrow for the Wilshire Construc- tion Company for a change of zoning in the Southwest 1/4 of Section 3 from RUFA and RUFB to R1A, the City Planning Commission does hereby recommend to the City"Council that Petition Z-370 be granted, and FURTH .R RESOLVED, notice of the above hearing was publish- ed in the official newspaper, The Livonian, under date of February 26, 1959 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Co. , City Departments and petitioner as listed in the Proof of Service . A roll call vote on the foregoing resolution resulted in the follow- ing: AYES: Walker, Kane, Harsha, Okerstrom, Greene, Robinson and LAnge vine NAYS: None NOT DOTING: Anderson 2457 The Chairman declared the foregoing resolution is adopted. IEMr. Mc Cullough announced the next item on the agenda was Petition 2-361 by Richard D. Bleznak on behalf of ILdward Morell and others asking for a change of zoning in the Southwest 1/4 of Section 31 from AGB and RUFB to R1A. Public Hearing March 17, 1959; study meeting March 31, 1959. Mr. Bleznak and Mr. Wright were present . Mr. Kropf s tated tha t all the properties on the map, submitted since the last meeting, are owned by the petitioner. There had been some discrepancies as to whether or not a number of lots on the original petitioner were owned by the petitioner. The corrected sketch was submitted to the commissioners . Upon a motion duly made by Mr. Kane, supported by Mr. Walker and unanimously adopted, it was #4-112-59 RESOLVED that, pursuant to a Public Hearing having been , held on Tuesday, March 17, 1959 on Petition Z-361 as sub- mitted by Richard D. Bleznak on behalf of Edward Morrell and others for a change of zoning in the Southwest 1/4 of Section 31 from AGB and RUFB to R1A, the City Planning Commission does hereby recommend to the City Council that Petition Z-361 be granted on properties shown on the re- vised submitted sketch, designated as Sketch B, and FURTHER RESOLVED, notice of the above hearing was publish- ed in the official newspaper, The Livonian, under date of February 26, 1959 and notice of which hearin, was sent to The Detroit Edison Company, The Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Com- pany, City Departments a nd petitioner as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. Mr. Mc Cullough announced the next item on the agenda was a topsoil application TA-43 by Neil Heaton requesting permission to remove sand and dirt from proposed Meri-Lynn Farms Subdivision located in the Southeast 1/4 of Section 22. Public Hearing March 17, 1959, item taken under advisement; study meeting March 31, 1959. Mr. Irving Levine, Burt Homes, Inc. and Mr. Heaton were present. The question was asked how many acres were involved; Mr. Heaton stated approximately 18 acres . Upon a motion duly made by Mr. Walker, supported by Mr. Robinson and unanimously adopted, it was #4-113-59 RESOLVED that , pursuant to a Public Hearing having been held on Tuesday, March 17, 1959 the City Planning Commission does hereby grant Application TA-43 by Weil Heaton request- ing permission to remove topsoil from proposed Meri-Lynn Farms Subdivision in the Southeast 1/4 of Section22, and 2458 subject to the following conditions : I: (a) that the applicant shall not at any time allow water to collect on the subject property or on adjoining property and at all time shall maintain adequate drainage, (b) that the applicant shall not excavate below the grade of any proposed subdivision streets, (c) that the applicant shall at all times comply with a 11 traffic requirements established by the Police Department, and FURTHER RESOLVED, that a performance bond be fixed on the above application at 4?500. per acre for 18 acres, and it is recommended that the Bureau of Inspection issue a per- mit to this effect, and FURTHER RESOLVED, notice of the above hearing was sent to the property owners within 500 ft ., petitioner, City Departments, as listed in the Proof of Service and recommendations having been obtained from the Department of Public Works under date of March 17, 1959 and from the Police Department under date of March 11, 1959. The Chairman declared the foregoing resolution is adopted. Mr. Mc Cullough announced that the next item on the agenda was a Lrequest from Harry Slatkin Builders, Inc. for an extension of time on the Country Homes Estates Subdivision located in the Southwest 1/4 of Section 17. Mr. Hermanoff and yir. Hamill were present and requested that an extension be granted to January 7, 1960 until the sewer on Five Mile and also from the proposed Kingsbury Heights Subdivision was in. Upon a motion duly made by Mr. Robinson, supported by Mr. Harsha, it was #4-114-59 RESOLVED that, the City Planning Commission does hereby grant an extension of time on the preliminary plat of the Country Homes Estates Subdivision located in the Southwest 1/4 of Section 17, to January 7, 1960. A roll call vote on the foregoing resolution resulted in the follow- ing: AYES: Anderson, V.alker, hane, Harsha, Okerstrom, Robinson and Angevine NAYS: Green The Chairman declared the foregoing resolution is adopted. Mr. Mc Cullough announced the next item on the agenda was Petition Z-363 by Ben & Irene Pollock who are asking for a zoning change on property located on the East side of Middlebelt road approximately 120 ft. North of Vassar in the Southwest 1/4 of Section 1 from RUF 2459 to C-2. Public Hearing February17, 1959; item taken under advise- ment ; study meeting February 2, 1959; regular meeting March 17, 1959. Mr. Charest and Mr. Pollock were present . Mr. Charest stated that it was felt that the surrounding a rea had considerable commercial zoning to warrant Mr. Pollock's property being commercial. He further stated their request for C-2 was to enable Mr. Pollock to sell Christmas trees and to erect a suitable sign which is not allowed under the RUFB zoning. Mr. Mc Cullough stated that a petition against said rezoning, signed by approximately 50 property owners, had been submitted. Mr. Charest stated this petition objecting to the rezoning had been submitted before the northwest corner rezoning to C-2 had been approved and felt that a number of property owners who did sign to object to Mr. Pollock's request for rezoning would not object now due to the approved 0-2 rezoning on the Northwest corner of Seven Mile and Middlebelt Roads. Mr. Pollock stated that several property owners who had signed the petition objecting to his petition have informed him that they did not object now. Mr. Okerstrom asked why C-2 was requested; Mr. Charest stated Mr. Pollock could not obtain financing due to the present zoning. IE Mr. Greene asked if C-1 would help any; Mrs Charest stated it would very much. Mr. Okerstrom stated he felt that C-1 or C-2 would not be in harmony with the existing property. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Kane, it was #4-115-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, February 17, 1959 on Petition Z-363 as submitted by Ben F. and Irene Pollock for a change of zoning in the Southwest 1/4 of Section 1 from RUFB to C-2, the City Planning Commission does hereby recom- mend to the City Council that Petition Z-363 be denied for the following Reasons: (1) the requested zoning change is not in harmony with the comprehensive zoning map or in harmony with the zoning of surrounding properties . (2) the present zoning classification of the property will better promote the orderly development of the community and is in accord with the comprehensive zoning ma p and allows the property to be used for its most logical pur- pose; (3) the proposed change would interfere with the peaceful use and enjoyment of surrounding residential properties. 2460 FURTHER RESOLVED, notice of the above hearing was publish- ed in the official newspaper, The Livonian, under date of January 29, 1959 and notice of which hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Co. , Michigan Bell Telephone uo. , The Consumers Power Co. , City Departments and petitioners as listed in the Proof of Service . A roll call vote on the foregoing resolution resulted in the follow- ing: AYES : Anderson, Kane, Okerstrom and Greene NAYS: Walker, Angevine NOT VOTING: Harsha and Robinson The Chairman declared the foregoing resolution is adopted. Mr. Mc Cullough announced the next item on the agenda was the final approval of Bretton Gardens Subdivision submitted by Carey Homes, Inc. , formerly Fairfax Subdivision located East side of Purlingbrook Road between Bretton Road and St. martins Road in the Southeast 1/L4 of Section 2. Preliminary approval granted October 28, 1958, subject to conditions. Mr. Karabenick was present. After a brief discussion, it was ascertained that Outlot A & B had not been platted and numbered on the final plat as requested when preliminary approval had been granted to Fairfax Subdicision (now called Bretton Gardens Subdivision) . It was suggested to the devel- oper that these changes be made and that the final plat be brought back at the next meeting for final approval. Mr. Angevine stated this item would be taken under advisement until these changes were made. Upon a motion duly made by Mr. Robinson, supported by Mr. H arsha, and unanimously adopted, it was #4-11 6-59 RESOLVED that, final plat of the Lillian Hocking Sub- division in the Southwest 1/4 of Section 1 be given final approval, and FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission on November 11, 1958; and it further appearing that said proposed plat together with the plans and specifications for improvements there- in have been approved by the Department of Public Works under date of January 16, 1959; and it further appearing that a bond in the amount of :?2,000.00 to cover the in- stallation of improvements has been filed in the office of the City Clerk under date of April 2, 1959; such bond having been approved by Mr. Charles J. Pinto, Assistant City Attorney on April 2, 1959 it would therefore appear that all the conditions necessary to the release of building permits have been met and the Building Depart- 2461 ment is hereby so notified. The Chairman declared the foregoing resolution is adopted. Mr. Mc Cullough announced the next item on the agenda was Petition 7-349 by the City Planning Commission on its own motion to determine whether or not Section 4.13 of the Zoning Ordinance No. 60, entitled, "Zoning Ordinance of the City of Livonia" should be amended. Public hearing December 23, 1958, item taken under advisement for revision. This petition was in relation to the topsoil ordinance. The question was raised whether or not the present proposed ordin- ance should De amended to require the written consent of the property owner upon which the permit to remove topsoil is applicable. Mr. Angevine stated that the Planning Commission could approve the proposed ordinance a s it stands and have another public hearing to amend it to require the written consent of the property or take it under advisement until further study is made and a more definite answer is found. Upon a motion duly made by Mr. talker, supported by Mr. Kane, it was #4-117-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, December 23, 1958 on Petition Z-349 as submitted by the City Planning Commission on their own motion to determine whether or not to amend Section 4.13 of Ordinance No. 60, as amended, entitled, "Zoning Ordin- ance of the City of Livonia", the City Planning Commission does hereby recommend to the City Council that Petition Z-349, as amended, be granted, and FURTHER RESOLVED, notice of the above hearing was publish- ed in the official newspaper, The Livonian, under date of December 4, 1958 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers Power Co. , City Departments as listed in the Proof of Service . Roll call unanimous. The Chairman declared the foreoing resolution is adopted. Upon a motion duly made by Mr. Green, supported by Mr. Kane and unanimously a dopted, it was #4-118-59 RESOLVED that, final plat of Merl-Lynn Farms Subdivision #3 in the Southeast 1/4 of Section 22 be given final approval, and FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning on April 3, 1956; and it further appearing that said proposed plat together with the plans 2462 and specifications for improvements therein have been approved by the Department of Public Works under date of April 30, 1958; and it further appearing that a bond in the amount of 0117,000.00 to cover the installation of improvements has been filed in the office of the City Clerk under date of rpril 3, 1959, pursuant to Council Resolution #601-58; such bond having been approved by Rodney C. Kropf, Assistant City Attorney, on April 6, 1959 it would There- fore appear that all the conditions necessary to the release of building permits have been met and the Building Depart- ment is hereby so notified. The Chairman declared the foregoing resolution is adopted. Upon a motion duly made by lir. Kane, supported by Mr. Walker and unanimously adopted, it was #4-119-59 RESOLVED that, final plat of Idyl Wyld Estates Subdivision in the Northeast 1/4 of Section 20 be given final approval, and FURTHER RESOLVED, inasmuch as it app ears on the records that to ntative approval of said proposed plat was given by the City Planning Commission on January 6, 1959; and it further appearing tha t said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Works under date of March 16, 1959• and it further appearing that a bond in the amount of 0164,000.00 to cover the installation of improvements has been filed in the office of the City Clerk under date of April 7, 1959, pursuant to Council Resolution #171-59; such bond having been approved by Charles J. Pinto Assistant City Attorney on April 7, 1959; it would there- fore appear that a 11 the conditions necessary to the re- lease of building permits have been met and the Building Department is hereby so notified. The Chairman declared the foregoing resolution is adopted. Upon a motion duly made by Mr. Robinson, supported by Tttr. Kane and unanimously adopted, it was #4-120-59 RESOLVED that, the City Planning Commission does hereby permit Warner & harper, Engineers for the Donna Develop- ment Company to change the name of Sunset Manor Subdivision to Sunset Park Subdivision as per request dated April 2, 1959. The Chairman declared the foregoing resolution adopted. Mr. Mc Cullough announced the next item on the agenda was a letter dated March 13, 1959 from the City Clerk requesting the City Planning Commission to hold a public hearing to consider deleting from the Master Plan and removing the Civic Center designation from the proper- ty described in Petition Z-2?3 submitted by Morton and Minnie Katz 2463 which had been previously denied by the Planning Commission on July 1, 1958. Upon a motion duly made by Mr. Robinson, supported by Mr. Walker, and unanimously adopted, it was #4-121-59 RESOLVED that, pursuant to City Council 's Resolution #136-59, the City Planning Commission does hereby make a motion to hold a public hearing on Tuesday, May 19, 1959 at 8:00 in the City Hallof the City of Livonia to consider and determine whether or not Part 71 of the Master Plan of the City of Livonia, entitiled, "Civic Center and Central Business Center, " which plan was adopted on December 13, 1951, pursuant to Act 285 of the Public Acts of 1931, be amended to delete from the Master Plan and remove the Civic Center designation therefrom that area and property herein described, and that said Part II of the Master Plan of the City of Livonia be amended to ex- clude the followi ng property. Lots 309, 310, 311, and 313, including the adjoining 1/2 of the vacated public alley at the rear thereof, "Gre" ' ada Park Subdivision No.1" of part of the Northwest 1/4 of Section 22, Town 1 South, Range 9 East, Livonia Township, Wayne County, Michigan, according to the plat thereof as recorded in Liber 54, page 77 of Plats, Wayne County Records, and IT IS FURTHER RESOLVED, that notice of the time and place of said public hearing be published in a newspaper of general circulation in the City of Livonia and that proper notice by registered mail be sent to each public utility company and railroad company owning or operating any public utility or railroad within the City of Livonia in accord- ance with the provisions of Act 285 of the Public Acts of 1931, as amended. The Chairman declared the foregoing resolution is adopted. Upon a motion duly made by Mr. Robinson, s upported by Mr. Anderson, it was #4-122-59 RESOLVED that, the City Planning Commission does hereby approve statement of Albe Munson in the amount of 015.00 and shall forward said petition to the property depart- ment for payment. A roll call vote on the foregoing resolution resulted in the follow- ing: AYES: Anderson, Talker, Kane, Harsha, Robinson and Angevine NAYS: Okerstrom and Greene 3 V 2464 The Chairman declared the foregoing resolution is adopted. Upon a motion duly made by Mr. Anderson, supported by Mr. Kane and unanimously adopted, the City Planning Commission does hereby adjourn the lo5th Special Meeting on Tuesday, April 7, 1959 at 11.50 p.m. ATTESTED: William R. Robins on, Secretary . L. Ange v e, Chairman