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HomeMy WebLinkAboutPLANNING MINUTES 1959-08-18 MINUTES OF THE 106TH REGULAR MEETING AND A PUBLIC HEARING OF THE CITY PLANNING Ca1MISSIC(I OF THE CITY OF LIVONIA On Tuesday, August 18, 1959 the City Planning Commission of the City of Livonia held a Public Hearing and the 106th Regular Meeting at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. H. Paul Marsha, Vice-Chairman, called the meeting to order in the absence of Mr. Robert L. Angevine, Chairman, at approximately 5:15 p.m. Members present: H. Paul Marsha, Wilfred Okerstrom, Robert M. Peacock, Leonard K. Kane and Charles Walker. Members absent : Robert L. Angevine*, William R. Robinson *, Dennis Anderson, and Robert L. Greene. Mr. David McCullough, City Planner and Mr. Rodney C. Kropf, Assistant City Attorney were present along with approximately 75 interested persons. Mr. McCullough announced the first item on the agenda was the proposed VIV Manor Subdivision by the VIV Investment Company located on the East aide of Middlebelt Road and approximately 180 ft. North of Roycroft in the Southwest 1/4 of Section 13. Mr. McCullough submitted a letter dated July 1, 1959 from the Parks & Recreation Department; a letter dated August 11, 1959 from the Fire Department; a letter dated August 12, 1959 from the Traffic Bureau and a letter from the Bureau of Inspection dated August 16, 1959. Mr. Saul Felsot was present representing petitioner. Mr. Marsha asked if there was anyone in the audience who wished to speak either in favor or opposed to proposed subdivision. Mrs. Doris McCuen, 25220 Roycroft, asked where the storm water would drain; if there would be much truck traffic during building; what type of home, frame or brick and where would be property come from for the proposed street. Mr. Felsot answered that the storm water would drain into a storm drain to the northwest; that the truck traffic would be the usual amount necessary in building; that they were making a purchase of the necessary property to provide for the road. Mr. Marsha also informed Mrs. McCuen that the Police Department had control over the truck traffic during the building of the subdivision and that the Commission had no control over the type of home to be built. Mr. James "McCuen,2L220 Roycroft, asked if this subdivison would affect the C-2 zoning in the vicinity. Mr. Marsha answered it would not;that the Planning Commission was only considering the property in the proposed subdivision. Mr. Mc- Cuen asked why were the surrounding property owners notified. Mr. Harsha answered this was in accordance with the ordinance. Mr. Walker inquired as to what Outlot B is proposed for. Mr. Felsot stated they did not own this property. Mr. Walker asked about the road which will run next to this property. Mr. Felsot stated this road would be paved to Middlebelt although the subdivision did not reach Middlebelt. *Mr. Angevine arrived at approximately 8:30 p.m. Mr. Marsha asked for the plat book in order to determine what the area was north of the proposed subdivision. It was determined this property was a platted subdivision. 2 IL Mr. Harsha asked Mr. Peacock to act as secretary in the absence of Mr. Robinson. Upon a motion duly made by Mr. Kane, supported by Mr. Walker, it was #8-247-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, August lis, 1959 the City Planning Commission does hereby give approval to the preliminary. plat of the VIV Manor Subdivision in the Southwest 1/4 of Section 13 because it is in conformity with the surrounding areas to the south,provided however that certain street names be changed, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Dp artments as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Super- intendent of Schools, Fire Department, Police Department, Parks & Recreation Department and Members of the Plat Committee. Mr. Okerstrom asked if the petition er was agreeable to paving Garden Street the full width. Mr. Felsot stated they were agreeable to doing so. A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Kane, Okerstrom, Peacock and Harsha NAYS: None NOT VOTING: Angevine Mr. Angevine presided as Chairman for the remainder of the meeting. Mr. McCullough announced the next item on the agenda was Petition M-164 by Joseph Cyr, Architect & Associates requesting permission to buildchurchon the South side of Jamison between Middlebelt and Garden in the Northwest 1/4 of Section 24. Mr. Cyr was present with a more complete plot plan of proposed church. There was a brief discussion as to whether or not the temporary church or the permanent church was to be acted upon at this time. The plot plan had shown both in addition to a school building which was to be built in the future. , only Mr. Walker asked if improvements for the temporary church/Would be installed or for the entire layout. Mr. Cyr stated all improvements would be installed at this time. Mr. Walker asked if the commission acted upon only the church at this time, would this have any effect on the improvements for the remaining building. Mr. Harsha stated that the commission could only act upon the church at this time, since the petition requested only the approval for erecting a church. Mr. Angev ine asked if there was anyone in the audience who wished to speak in favor or opposed to petition. Mr. Ernest Carlson, 14906 Haller, questioned the drainage problem in this area. I[: Mrs. P. Silcaski, 14923 Haller asked who was going to pay for the street (Jamison). Mr. Cyr stated that the Archdiocese would pay for half and the City was going to pay for the other half. It was to be a 60 ft. street. Mrs. Silcaski asked about the drainage. Mr. Cyr answered they were intending to tie into a 30 inch sewer at the corner of Jamison and Garden. As for the sanitary sewer he stated it had not been completely decided by the Engineering Department where it was to be tied into. 3 1: Mr. Angevine stated that the matter of improvements was not under the control of the planning commission. The question was asked if the church was to face Jamison or Garden. Mr. Cyr answered it was to face Jamison but that it was going to be set back approximately 160 ft. from Jamison. The question was also raised as to whether a survey had been made in relation to the traffic which will be created with the new church. It was determined that no recommendation had been received from the traffic department. It was also stated at this time that Jamison would not be paved but would be a gravel road. Mr. William Robinson arrived at approximately P:45 p.m. and presided as Secretary for the remainder of the meeting. Mr. Walker asked if it should be indicated in the resolution to approve petition that it was an approval for a temporary church rather than a permanent church. Mr. Angevine stated he could see no reason for this since it was to be a permanent building. Mr. Peacock suggested it being specified in the resolution to approve a permanent building for a temporary church. Upon a motion duly made by Mr. Peacock, supported by Mr. Walker, it was #8- -59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, August 18, 1959 the City Planning Commission does hereby grant Petition M-164 of Joseph Cyr requesting permission to erect a permanent building for a tempoary church, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Harsha stated he did not feel that he could vote on the foregoing resolution as it is worded; that a church is a church whether it be permanent or temporary. Mr. Peacock stated he only felt that this would clarify the matter. Mr. Cyr stated that the petition has asked for permission to build a church. The word temporary ir!'only on the plot plan. Mr. Angevine asked Mr. Peacock if he was willing to remove the word utemporary" from the resolution. Mr. Okerstrom stated that before action san be taken on any resolution the matter of the right-of-way of Jamison should be clarified. A report from the Traffic Commission should be obtained before approval is granted. I[: Mr. Cyr stated htaha at the present time t City is working on Jamison. They have dedicated their o the city and the City now in the process of graveling it. Mr. Peacock stated he would like to withdraw his motion to approve petition:,until such time the question of improving Jamison is settled. Mr. Walker stated he would withdraw his support. 4 1[: Upon a motion duly made by Mr. Kane, supported by Mr. Harsha, it was #8- -59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, August 18, 1959 the City Planning Commission does hereby grant Petiion M-164 by Jospeh Cyr requesting permission to erect a church in the Northwest 1/4 of Section 24, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Peacock asked Mr. Kane if he was suggesting approving petition before determining whether or not the street would be improved for the-full width. Mr. Kane answered that the commission has approved subdivisions with half streets, why not this church. Mr. Angevine stated a motion was on the floor. A roll call vote on the foregoing resolution resulted in the following: AYES: Kane, Harsha and Angevine NAYS: Peacock, Walker and Okerstrom NOT VCTING: Robinson Mr. Angevine declared it was a tie vote that the petition would be taken under I[: advisement. Mr. McCullough announced the next item on the agenda was the proposed Bretton Gardens Colony #2 by Carey Homes, Inc., located on the North side of St. Francis and approximately 400 ft. East of Middlebelt Road in the Southeast 1/4 of Section 2. Mr. Harry Wright present representing Carey Homes, Inc. Mr. McCullough submitted letters dated August 12, 1959 from Police Department and Clarenceville Public Schools; a letter dated August 11, 19 A from the Fire Depart- ment and a letter dated August 18, 1959 from the Bureau of Inspection. Mr. Angevine asked if there was anyone in the audience who wished to speak either in favor or opposed to petition. Mr. Wright explained this proposed subdivision was a replat of parcels that had been split more than once. Upon a motion duly made by Mr. Kane, supported by Mr. Walker it was #8-248-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, August 18, 1959, the City Planning Commission does hereby give approval to the preliminary plat of the Bretton Gardens Colony Subdivision #2 located in the Southeast 1/4 of Section 2, and I[: FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Superintendent of Scha ols, Fire Department, Police Department, Parks & • • . � Cctcr • 5 I[: Recreation Department and Members of the Plat Committee A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Walker, Kane, Harsha, Okerstrom, Robinson and Angevine NAYS: None The Chairman declared the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition M-161 by the Clark Oil & Refining Company requesting permission to construct a gasoline service station on the Northwest corner of Plymouth and Merriman in the Southeast 1/4 of Section 27. Mr. LaBodie was present for the petitioner. Mr. Angevine asked if there was anyone in the audience who wished to speak either in favor or opposed to petition. Mr. Peacock asked if the property in question abuts a residential area and if so the petitioner will have to erect a protective wall. Mr. Harsha stated the submitted plot plan did not show the set back from both right-of-ways, Merriman and Plymouth. Mr. Walker stated he would like to see a more specific area plan, showing the proposed gas station and the existing surrounding buildings. Mr. Peacock concurred 1[10 with Mr. Walker suggesting that this item be taken under advisement until an area plan is submitted. Mr. Angevine declared this item would be taken under advisement. Mr. McCullough announced the next item on the agenda was Petition M-162 by Citrin Oil Company requesting permission to erect a gasoline station on the North side of Plymouth between Camden and Haller in the Southwest 1/4 of Section 25. Mr. Citrin was present. It was determined that this proposed gas station was to be erected east of the presently located convalescent home on Plymouth Road. The Chairman asked if there was anyone in the audience who wished to speak either in favor or opposed to petition. Mr. Robinson suggested this item be taken under advisement because no plot plan had been submitted. It was determined that an area plan should be submitted designating the existing buildings on surrounding property. Mr. Kropf stated as the application is worded, a plot plan is requested but it does not specify that existing homes on surrounding property are to be shown; only existing buildings on property in petition. Mr. Citrin stated he hoped for a determination on the petition tonight and asked if it could be approved subject to submitting a plot plan afterwards. Mr. Robinson suggested that this item be taken under advisement without further discussion. ,26 /c 6 Mr. Harsha felt that the petition could be acted upon tonight. Upon a motion duly made by Mr. Walker, supported by Mr. Peacock, it was #8-249-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, August 18, 1959, the City Planning Commission does hereby table Petition M-162 by the Citrin Oil Company requesting permission to erect a gas station in the Southwest 1/4 of Section 25 until the next meeting. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Walker, Okerstrom and Robinson NAYS: Kane, Harsha and Angevine The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition M-163 by Citrin Oil Company requesting permission to erect a gasoline station on the Southwest corner of Farmington and Plymouth in the Northeast 1/4 of Section 33. Mr. Citrin was present and submitted a drawing of the proposed gas station. Mr. Peacock asked how close the proposed gas station was to the Professional Village located South of Plymouth and west of Farmington. Mr. Citrin stated their property abutted the property of the Professional Village but that they were only developing 1[40 200 ft. of the 450 ft. they owned. Mr. Peacock asked if there were any plans for future development of this property. Mr. Citrin stated there was none. Mr. Peacock asked if they contemplate storage tanks on this portion of their property. Mr. Citrin answered they did not. The Chairman asked if there was anyone in the audience who wished to speak either in favor or opposed to petition. Upon a motion duly made by Mr. Kane, supported by Mr. Harsha, it was #8-250-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, August 18, 1959 the City Planning Commission does hereby grant Petition M-163 by the Citrin Oil Company requesting permission to erect a gasoline station on the Southwest corner of Farmington and Plymouth in the Northeast 1/4 of Section 33, and FURTHER RESOLVED, notice of the above hearing wns sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Kane, Harsha, Angevine NAYS: Walker, Okerstrom and Robinson IC: The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition M-167 by Donald R. Flintermann requesting permission to erect a service garage in connection with and incidental to a new car sales and showroom on the North side of Plymouth between Merriman and Farmington in the Southwest 1/4 of Section 27. Mr. McKana present for Donald R. Flintermann. /! 7 Kr. Harsha asked Mr. McKana if the salesroom building would be erected before the use car lot. He felt that it should be built first and then have the petitioner 1[0 come in for approval of the other. Mr. McKana stated it was definitely going to be a new car salesroom, not a used car lot and at the present time he had no knowledge what make of car was going to be sold. Mr. Walker suggested that petition be denied until such time that the new car sales- room is built at which time the petitioner can request permission to open up a service garage. Mr. McKana stated the service garage was needed expressly for the new car salesroom, in order to service the new cars. the petition Mr. Walker suggested we approve subject to having the new car salesroom erected first. Mr. Peacock stated that he concurred with Mr. Harsha. Mr. McKana stated that in accordance with the zoning ordinance, approval was not needed for a new car salesroom but was necessary for the service garage. This is reason for appearing before the commission tonight. The Chairman asked if there was anyone in the audience who wished to speak either in favor or opposed to petition. I[: Upon a motion duly made by Mr. Kane, supported by Mr. Robinson, it was #8-251-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, August 18, 1959, the City Planning Commission does hereby grant Petition M-167 by Donald R. Flintermann requesting permission to drect a service garage in connection with and incidental to a new car sales and showroom in the Southwest 1/4 of Section 27, provided however, that the new car salesroom is built simultaneously with the service garage, and FURTHER RESOLVED, notice of the above hearing was sent to the property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Walker, Kane, Harsha, Robinson and Angevine NAYS: Okerstrom The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. Anderson arrived at approximately 9:35 p.m. Mr. McCullough announced the next item on the agenda was Petition Z-402 by Joseph Galli asking that the zoning classification on property located on the Southwest Irs corner of Seven Mile Road and Brentwood in the Northwest 1/4 of Section 12 be changed from RUFB to R1A. Mr. Galli was present. The Chairman asked if there was anyone in the audience who wished to speak either in favor or opposed to petition. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Peacock, it was #8-252-59 RESOLV D that, pursuant to a Public Hearing having been held on Petition 7-402 as submitted by Joseph Galli for a change of zoning in the Northwest 1/4 of Section 12 from RUFB to R1A, the City Planning Commission does hereby recommend to the City Council that Petition Z-402 be approved for the following reasons : (1) it is located in close proximity to existing R-1 zoning; (2) the 75 x 150 lots are not inconsistent with surrounding land use; FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 30, 1959 and notice of which hearin„ was sent to The Detroit Edison Co., Chesa- peake & Ohio Railway Co., Llichigan 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 following: AYES: Peacock, Talker, Kane, Harsha, Anderson, Okerstrom, Robinson and Angevine NAYS: None The Chairman declared the motion is carried and the foregoing resolution is adopted. i//Mr. Mc Cullough announced the next item on the agenda was Petition 7-403 by John B. & Glenna F. Hulett who are asking that the zoning classification on property located on the Southwest corner of Five Mile Road and Arden Avenue in the Northeast 1/4 of Section 22 be changed from R1B to C-1. Mr. Hulett was present. The Chairman asked if there wa s anyone in the audience who wished to speak either in favor or opposed to petition. Mr. Kane asked Mr. Hulett his reason for requesting the rezoning. Mr. Hulett stated that his home was too small for his family and he had not been able to sell it as residential. He stated he felt if it was zoned C-i, he could use it as an office for his business along with one or two other salesman. Mr. Peacock asked why wasn't a PS zoning requested. Mr. Hulett stated he was not a professional or medical man, only in sales. He further stated • there would be no samples on the premises and no transient 1: traffic whatsoever. e • 9 Mr. Kane asked for the size of the lot; Mr. Hulett stated his lot was 38 ' x 1001 . Upon a motion duly made by Mr. hobinson, supported by Mr. Okerstrom it was #8-253-59 RESOLVED that, pursuant to a Public Hearing having. been held on Petition 7-403 by John B. & Glerna F. Hulett for a chance of zonin, in the Northeast 1/4 of Section 22 from RIB to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 7-403 be denied for the following reasons : (1) approval would tend to create an area of strip type commercial zoning: (2) approval would violate the Plannin, Commission's policy of attemptinc to retain commercial zoning at mile road intersections; (3) the subject property is located immediately east of residential used property and therefore approv- al would tend to give rise to similar requests from persons owning; that land; FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 30, 1959 and notice of which hearin;, was sent to The Detroit Edison Co.,. Chesapeake & Ohio Railway Co. , Michigan 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 following: AYES: Peacock, Walker, Harsha, Anderson, Okerstrom, Robinson and Angevine NAYS : Kane The Chairma n declared the foregoing resolution is adopted. Mr. Mc Cullough announced the next item on the agenda was Pet- ition V-48 by certain residents of the Burton Hollow Subdivision are requesting that the North 1/2 of Oakdale Avenue (431 ) abutting the rear of Lots 132, 133, 134, 142 and 14.3 of the Burton Hollows Subdivision located in the Northeast 1/4 of 10 3 Section 16 be vacated. Mr. J. Hill and Mr . C. Smereck were present representing pet- itioners. Mr. McCullough submitted a letter dated Auust 6, from the DPW; a letter dated August 14 from The Detroit Edison Company and a letter dated August 18, 1959 from the Michigan Bell Telephone Company. Mr. Hill and Mr. Semerck stated their reason for requesting the vacating of Oakdale at the rear of their homes . It was intended to further landscape this area in order to beautify this rrop- erty in the back of their homes. It was their understanding that since this land dedicated as a road extends into the bend of the creek it makes it impossible to be a street. Mr. McCullough stated that if the street is vacated, the Master Thoroughfare Plan would have to be amended first by deleting it from said Plan. A public hearing would be necessary to do this. Mr. Kane asked if there had been any communication received from Dpi . Mr. Mc Cullough stated they had recommended approval sub- ject to an easement being created.. Mr. Peacock asked if this petition can be approved subject to amending the Master Thoroughfare Plan. Mr. Walker did not think this was wise; he felt that the petition should oe denied without prejudice and immediately following a resolution adopted by the City Planning providing for a public hearing; to delete Oakdale from the gaster Thoroughfare Plan. Mr. Peacock stated he did not concur with Mr. 'Walker. The Chairman asked if there was anyone in the audience who wish- ed to speak either in fa vor or opposed to petition. Upon a motion duly made by Mr. Peacock, supported by Mr. Robin- son, it was #8-254-59 RESOLVED that, pursua nt to a Public Hearing having been held on Tuesday, August 18, 1959 the City Planning Commission does hereby table Petition V-1i8 until such time that the Master Thoroughfare Plan has been amend- ed to delete Oa kdale. 22 /.5 11 A roll call vote on the foregoing resolution resulted in the following: ii: AYES: Peacock, Walker, Kane, Harsha, Anderson, Okerstrom, Robinson and Angevine HAYS: None The Chairman declared the resolution is adopted. Upon a motion duly made by Mr. Peacock, supported by Mr. Anderson, and unanimously adopted, it was #8-255-59 RESOLVED that, the City Planning Commission of the City of Livonia having given due consideration to the designated location of Oakdale in Section 16 as appearing on the Master Thoroughfare Plan of the City of Livonia, and it appearing that the designated proposed location of such thoroughfare as presently shown on said Master Thoroughfare Plan is unnecessary for the health, safety and general welfare of the community, and that the further existence of said road upon the Master Thoroughfare Plan would serve no useful purpose, the City Planning Commission on its own motion does hereby establish and order a public hearing to be held in the City Hall of the City of Livonia, to determine whether or not Part I of the Master Plan of the City of Livonia, that is, the Master Thoroughfare Plan, should be amended so as to delete Oakdale from Stamford easterly to the center of Farmington Road from the Master Thoroughfare Plan for the reason that said 110 road is unnecessary and would serve no useful purpose if further designated as a future road on the City's Master Thoroughfare Plan; and IT IS FURTHER RESOLVED, that notice of the time and place of said public hearing shall be published in a newspaper of general circu- lation in the City of Livonia and that a notice by registered mail be sent to each public utility or railroad company owning or operating any public utility or railroad within the City of Livonia in accordance with the provisions of Section 5.2998 of Michigan Statutes Annotated and in accordance with the provisions of Act 285 of the Public Acts of Michigan of 1931, as amended. The Chairman declared the foregoing resolution is adopted. The chairman called a recess at approximately 10: 00 p.m. Mr. Angevine called the public hearing back to order at approximately 10:10 p.m. with all those present now who were present at the time recess was called. Mr. Angevine asked if there was anyone in the audience in relation to Items #11 to 19. A Mr. Fred C. Nash stated he was present in relation to Item #11. 1[40 1 Mr. McCullough announced the next item on the agenda was Petition Z-399 by the City Planning Commission on its own motion to determine whether or not Subsection (a) should be deleted from Section 14.02 of Article 14.00 of the Zoning Ordinance. (Prohibiting commercial and professional uses from industrial districts). 12 IllMr. McCullough submitted a letter dated August 12, 1959 from the Detroit Edison Company and also stated that the Industrial Committee had informed him they were in support of this proposed amendment. Detroit Edison had requested revisions on said amendment. Mr. Angevine asked if there was anyone in the audience who wished to speak either in favor or opposed to petition. Mr. Fred C. Nash, 1400 BuhlBuilding, Detroit 26, stated that he wished to object to said petition. He stated that arrangements had been completed to establish a commercial use on the Northeast corner of Middlebelt and Plymouth which is presently zoned industrial. It is understood by him that this amendment to the zoning ordinance would prohibit this commercial use from this particular corner. Mr. Steve Polgar, Chairman Industrial Committee stated that it would be advantageous to the City if the industrial belt is exclusive of commercial uses and maintained only industrial uses, but if definite plans have been made for this particular corner they would not be opposed to the commercial. The commissioners examined the plat book at this time to determine the area involved in Mr. Nashts objection. Mr. Kane asked Mr. Nash what use was contemplated on this corner. Mr. Nash stated he was not authorized to inform them at this time but it would be..a retail commercial use. Mr. Walker asked if Mr. Nash's client was interested in the complete twenty acres. Mr. I[: Nash stated he was. Upon a motion duly made by Mr. Robinson, supported by Mr. Peacock, it was #8-256-59 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-399 by the City Planning Commission on its own motion to determine whether or not subsection (a) should be deleted from Section 14.02 of Article 14.00 of the Zoning Ordinance of the City of Livonia, the City Planning Commission does hereby recommend to the City Council thatPetition Z-399 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 30, 1959 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers Power Company, City Departments and Petitioner as listed in the Proof of Service. Mr. Kane suggested that the Council be informed of the proposed plans of a commercial use for the northeast corner of Plymouth & Middlebelt. Mr. Robinson stated he did not d.-sire to amend his resolution. Mr. Harsha asked Mr. Kropf if the City would have the right to rezone this specific IC: acreage back to Commercial after this amendment has been adopted. Mr. Kropf stated they could on their own motion. A roll call vote on the foregoing resolution resulted in the following: • 13 Il] AYES: Peacock, Harsha, Anderson, Okerstrom and Robinson NAYS: Walker, Kane and Angevine The Chairman declared the resolution is adopted. Mayor Brashear who arrived at this time stated that he felt that the Planning Commission and the City of Livonia would cooperate with the client who is interested in using presently zoned industrial property for a commercial use -_if in the event the Planning Commission prohibited commercial uses from industrial zOnes. Stated further that the door is always open for businesses in Livonia and there would be no trouble in this specific case. Mr. Angevine stated that it had been determined that the Planning Commission can rezone this particular piece of property back to commercial. Mayor Brashear excused himself at this time. Mr. Angevine stated that since there were no interested persons in the audience for Items 12 through 19, that Item #20 would be brought up at this time. Mr. McCullough announced the next item on the agenda was proposed Taylor Gardens Subdivision submitted by Sylvan Building Company, located on the West side of Hubbard Road approximately 850 ft. South of Five Mile Road and 800 ft. North of Lyndon in the Northwest 1/4 of Section 22. Mr. Taylor was present. hr. McCullough submitted a letter dated August 12 from the Police Department; a letter dated August 11 from the Fire Department; a letter dated August 18 from the Parks I 1E: & Recreation and a letter dated August 18, 1959 from the Bureau of Inspection. The commissioners examined a plot plan submitted by the Sylvan Building Company which designated the proposed plat and the surrounding area. Mr. Harsha stated this area plan was the beet he had ever seen. Stated further the proposed plat met all re- quirements. Mr. Robinson concurred with Mr. Harsha. Mr. Anderson felt that Lots 13 and 14 should face south rather than the present way. Mr. McCullough informed the Commission that before action can be taken on this proposed plat the street Brookfield would have to be vacated first. There is a petition for vacating said street but the hearing for this vacation is scheduled for September 15, 1959. The Chairman asked if there was anyone in the audience who wished to speak either in favor or opposed to petition. The question was asked what type of home would be built in this subdivision. Mr. Taylor answered they were to be built of brick. The Chairman declared this item would be taken under advisement. Mr. McCullough announced the next item on the agenda was Petition M-16' by Morton & Minnie Katz requesting permission to operate a dry-cleaning plat on the South side of Five Mile Road approximately 1.00 feet East of Farmington Road in the North- west 1/4 of Section 22. Mr. Benjamin Burdick representing petitioner along with Mr. Barnes. It was determined that the required signatures as stated in the ordinance had been submitted. • 14 1EThe Chairman asked if there was anyone in the audience who wished to speak either in favor or opposed to petition. Mr. Michael Caffery, representing Mr. & Mrs. John Baze, adjacent property owners to the proposed dry cleaning plant stated that his clients had signed the waiver stating they did not object to the proposed plant but that they wanted to bring to the attention of the commission of a slight encroachment of the old building on their property. They wish to make sure that the new construction does not have a downspout that pours the water onto their property. They are making this a condition to their approval of the dry-cleaning plant. Upon a motion duly made by Mr. Robinson, supported by Mr. Okerstrom, it was #8- -59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, August 18, 1959 the City Planning Commission does hereby grant Petition M-168 by Morton & Minnie Katz requesting permission to operate a dry-cleaning plant on the South side of Five Mile Road approximately 400 ft. East of Farmington Road in the Northwest 1/4 of Section 22. Mr. Harsha asked if the commission can make any qualifications in our resolution to protect the adjacent property owners. Mr. Kropf stated he felt legally this was possible but suggested that the commission request the petitioner to correct any encroachment and then have the Bureau of Inspection follow through to see that there is no violation. ii: Mr. Harsha stated he wanted to make sure that the petitioner will take care of the complaint from Mr. & Mrs. John Baze. Mr. B. Burdick stated that this condition as stated by Mr. Caffery will be taken care of. Mr. Robinson stated he would like to amend his previous resolution as follows: #8-257-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, August 18, 1959, the City Planning Commission does hereby grant Petition M-168 by Morton & Minnie Katz requesting permission to operate a dry-cleaning plant on the South side of Five Mile Road approximately 400ft. East of Farmington Road in the Northwest 1/4 of Section 22, provided however that the petitioner will use non-flammable Grade 4 Solvent, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and city departments as listed in the Proof of Service. Mr. Okerstrom stated he would continue his support. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Walker, Kane, Harsha, Anderson, Okerstrom, Robinson and Angevine NAYS: None The Chairman declared the foregoing resolution adopted. 15 Mr. McCullough announced the next item on the agenda was Application TA-56 by Hugh Caverly requesting permission to remove topsoil from property located on the North- east corner of Five Mile and Newburgh Roads in the Southwest 1/4 of Section 17. Mr. Hugh Caverly and Herald Hamill were present. Mr. McCullough submitted letter dated July 3, 1959 from the Engineering Department; and a letter dated July 14, 1959 from the Police Department. Mr. Caverly stated that the area in the original petition had been reduced to 45 acres, and that there would be two stockpiles. Mr. Walker, Chairman of the Topsoil Committee stated that the committee had no objection to the petition now because the petitioner had consented to having two stockpiles on the property rather than one and had reduced the area and excluded the area that were considered too low. The Chairman asked if there was anyone in the audience who wished to speak either in favor or opposed to petition. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Anderson and unanimously adopted, it was #8-258-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, August 18, 1959 the City Planning Commission does hereby grant Application TA-56 by Hugh Caverly requesting permission to remove topsoil from property located in the Southwest 1/4 of Section 17, subject to the following con- ditions: (a) that the applicant shall not at any time allow water to collect on the subject property or on adjoining property 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; (d) that the applicant shall be obligated to seed all of the land from which topsoil has been removed with some seed acceptable to the Department of Parks & Recreation unless at the time the applicant petitions for the release of the topsoil bond, the Planning Commission relieves the petitioner of this obligation, and FURTHER RESOLVED, that a performance bond be fixed on the above application for approximately 45 acres more or less 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 1[10 as listed in the Proof of Service and recommendations having been obtained from the Department of Public Works under date of July 3, 1959 and from the Police Department under date of July 14, 1959. The Chairman declared that the foregoing resolution is adopted. Mr. Angevine declared that Item #12 would now be heard. <.2 <<z zi • 16I- ll: Mr. McCullough announced the next item on the agenda was Petitior Z-400 by the City Planning Commission on its own motio n to determine whether or not Article 7.15, R-4 District Regulations should be added thereto. It was determined that due to this ordinance needing revisions, it would be necessary to readvertise. The Chairman asked if there was anyone in the audience who wished to speak. Upon a motion duly made by Mr. Anderson, supported by Mr. Kane, it was #8-259-59 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-400 by the City Planning Commission on its own motion to determine whether or not Article 7.15, R-4 District Regulations should be added thereto, the City Planning Commission does hereby recommend that this petition be denied in order to revise said ordinance and readvertise, FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 30, 1959 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone Company, The Consumers Power Co., City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Walker, Kane, Harsha, Anderson, Okerstrom and Angevine li: NAYS: Robinson The Chairman declared the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition Z-405 by the City Planning Commission on its own motion to determine whether or not to amend Article 14.00 and 15.00 of Ordinance No. 60 by adding Sections 14.10 and 15.09 thereto. (Lot area requirements in M-1 and M-2). The Chairman asked if there was anyone in the audience who wished to speak. It was determined, after a brief discussion, that this item should be studied further at a study meeting, in order to permit the Industrial Committee an opportunity to review the matter. The Chairman declared that this item would be taken under advisement. Mr. McCullough announced the next item on the agenda was Petition Z-406 by the City Planning Commission to determine whether or not to amend Ordinance No. 60 by adding thereto Article 7.35, R1T District Regulations. The Chairman asked if there was anyone in the audience who wished to speak. The Chairman declared that this item would also be taken under advisement for further study. 1[40 Mr. McCullough announced the next item on the agenda was Petition Z-407 by the City Planning Commission on its own motion to determine whether or not sub-section (e) of Section 4.37 of Article 4.00 of Ordinance No. 60 be amended. (Prohibition of re- quired off-street parking area in the rear of building it is intended to serve) 17 The Chairman asked if there was anyone in the audience who wished to speak. 1 Upon a motion duly made by Mr. Peacock, supported by Mr. Kane and unanimously adopted, it was #8-260-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, August 18, 1959 on Petition Z-407 by the City Planning Commission on its own motion to determine whether or not sub-section (e) of Section 4.37 of Article 4.00 of Ordinance No. 60 should be amended, the City Planning Commission does hereby recommend to the City Council that Petition Z-407 be approved As amended to read as follows: Section 4.37 (e) Off-street parking facilities for one or two family dwellings shall be located on the same lot or plot of ground as the building they are intended to serve. The location of required off-street parking facilities for other than one and two family dwellings shall be within three hundred (300) feet of the building they are intended to serve, measured from the nearest point of the off-street parking facilities and the nearest point of the building. Such facilities for commercial uses, 2n order to insure their use as a parking area for the building they are intended to serve, shall be located in a convenient and conspicuous position with reference to such building. For this purpose the area to the rear of the building shall be considered as satisfying this requirement only when the building is to have a heavily used public entrance in the rear. li: FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 30, 1959 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers Power Co., City Departments 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 Z-408 by the City Planning Commission on its own motion pursuant to Council's resolution #106-59, to determine whether or not Section 4.32 of Article 4.00, Section 5.06 of Article 5.00 and Section 5.57 of Article 5.00 be amended. (Minimum floor area for houses in RL, RU and RUF Districts; increase side yard requirements with attached garages in RL, RU, RUF and 70 foot R1 Districts). The Chairman asked if there was anyone in the audience who wished to speak. The Chairman declared this item would be taken under advisement for further study. Mr. McCullough announced the next item on the agenda was Petition Z-409 by the City Planning Commission on its own motion, pursuant to City Council's resolution #111-59 to determine whether or not subsection (f) of Section 6.02 of Article 6.00 be amended. 1[: (Home occupations). Mr. Walker suggested this item be taken under advisement for further study. He felt that there should be some zoning whereby a home occupation would be allowed. The Chairman asked if there was anyone in the audience who wished to speak. 18 IIUpon a motion duly made by Mr. Peacock and supported by Mr. Anderson, it was t #8-261-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, August 18, 1959 on Petition Z-409 by the City Planning Commission on its own motion to determine whether or not subsection (f) of Section 6.02 of Article 6.00 should be amended, the City Planning Commission does hereby recommend to the City Council that Petition Z-409 be approved for the following reasons: (1) under the existing ordinance home occupations are permitted in some residential zones and not others, which results in a certain confusion; (2) frequently the introduction of such uses into a residential neighborhood is tantamount to introducing a commercial use; FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 30, 1959 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers Power Co., City Departments as listed in the Proof of Service. Mr. Kropf stated on behalf of the Department of Law he would like to recommend to the Planning Commission to approve above mentioned resolution. 1[4. Mr. Angevine asked if there was anyone in the audience who wished to speak. J A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Kane, Anderson, Okerstrom, Robinson and Angevine NAYS: Walker and Harsha. The Chairman declared the foregoing resolution is adopted. hr. McCullough announced the next item on the agenda was Petition by the City Planning Commission on its own motion pursuant to Section 14, of Act •285,PA, 1931, to determine whether or not Section 4.06 of Article IV of the Subdivision Rules and Regulations be amended (Residential Blocks) The Chairman asked if there was anyone in the audience who wished to speak. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Peacock, it was #8- -59 RESOLVED that, pursuant to Section 14, of Act 285 of the Public Acts of 1931, as amended, the City Planning Commission does hereby deny the following amendment to Section 4.06 of Article IV of the Subdivision Rules and Regulations adopted by the City Planning Commission of the City of Livonia on January 9, 1952: Section 4.06 Blocks. Residential blocks shall not be less than 1[70 two hundred (200) feet wide, and they shall not be less than six hundred (600) feet long nor more than 1/4 mile in length; pro- vided, however, that where unusual conditions exist, the Commission may allow a block to be less than six hundred (600) feet in length or more than 1/4 mile in length where they find such deviation will serve the best interest of the City. In those blocks which are more than eight hundred (800) feet long, a ten (10) foot pedestrian ,26 ;23 19 Lane shall be provided near the center of the block where necessary to provide direct circulation to schools, parks, churches or public transportation sites; provided, however, that this requirement may, in the sole discretion of the Planning Commission, be waived when planning considerations justify such waiver. Business, commercial and industrial blocks shall not be less than two hundred eighty (280) feet in width and in length; provided, however, that where such blocks are more than two hundred eighty (280) feet long, a ten (10) foot crosswalk shall be provided in the center of the block. Mr. Walker stated he felt that a condition should be made in the resolution for special cases. Mr. Anderson stated he agreed with Mr. Walker that there should be some elasticity to the rule but also felt that it might open the door for future subdivisions to be approved with longer blocks. Mr. Robinson felt that consideration should•be made for those hardship cases which are legitimate. There was a brief disucssion among the commission members and Mr. Kropf, Assistant Attorney in relation to whether a hardship clause should be inserted in amendment. Mr. Walker asked Mr. Okerstrom if he would withdraw his motion to deny. Mr. Okerstrom stated he would withdraw his motion but felt that some determination should be made to settle this question. Mr. Peacock stated he would withdraw his support. ILMr. Kropf suggest ed that rather than deny the petition, it might be wise to take it under advisement for further study. Upon a motion duly made by Mr. Robinson, supported by Mr. Kane, it was #8-262-59 RESOLVED that, pursuant to Section 14, of Act 285 of the Public Acts of 1931, as amended, the City Planning Commission does hereby adopt the following amendment to Section 4.06 of Article IV of the Subdivision Rules and Regulations adopted by the City Planning Commission of the City of Livonia on January 9, 1952: Section 4.06 Blocks. Residential blocks shall not be less than two hundred (200) feet wide, and they shall not be less than six hundred (600) feet long nor more than 1/4 mile in length; pro- vided, however, that where unusual conditions exist, the Commission may allow a block to be less than six hundred (600) feet in length or more than 1/4 mile in length where they find such deviation will serve the best interest of the City. In those blocks which are more than eight hundred feet long, a ten (10) foot pedestrian land shall be provided near the center of the block where necessary to provide direct circulation to schools, parks, churches or public transportation sites; provided, however, that this requirement may, in the sole discretion of the Planning Commission, be waived when planning considerations justify such waiver. Business, commercial 1[40 and industrial blocks shall not be less than two hundred eighty (280) feet in width and in length; provided, however, that where such blocks are more than two hundred eighty (280) feet long, a ten (10) foot crosswalk shall be provided in the center of the block. Mr. Marsha stated if there are to be conditions to the amendment - they should be made before the vote is taken on the petition. • .,2 .2. fl • 20 Mr. Kropf stated that any qualifications making the amendment more restrictive would necessitate a readvertising of said amendment. He read the amendment as it was advertised and explained it more fully to the commission members. Mr. Walker stated he was satisfied with the attorney's explanation and would go along with the motion to approve the amendment as it was advertised. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Walker, Kane, Robinson and Angevine NAYS: Harsha, Anderson and Okerstrom The Chairman declared the motion is carried and the amendment to the subdivision rules and regdations is approved. Mr. McCullough announced the next item on the agenda was Petition Z-401 by the City Planning Commission on its own motion to determine whether or not to rezone all of the land in the Northwest 1/4 of Section 35 presently zoned M-1 and parcels A2a and B in the Northeast 1/4 of Section 35 from M-1 to C-2. The Chairman asked if there was anyone in the audience who wished to speak. Mr. Peter Ventura, 9 .06 Middlebelt Road, asked if this included the property in the Wonderland Shopping Center located on the Southwest corner of Plymouth and Middlebelt. He was informed this petition did not include this property. Upon a motion duly made by Mr. Anderson, supported by Mr. Kane, it was #8-263-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, August 18, 1959 on Petition Z-401 by the City Planning Commission on its own motion to rezone land in the Northwest 1/4 and the Northeast 1/4 of Section 35 from M-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition Z-401 be approved for the following reasons: (1) that the land sought to be rezoned is located in close proximity to residential property which is undesireable; (2) that the Planning Commission is attempting to contain industrial zoning with sections 25 through 30 inclusive; FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 30, 1959 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers Power Co., City Departments and property owners as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Walker, Kane, Harsha, Anderson, Okerstroi, IE: Robinson and Angevine NAYS: N one The Chairman declared the foregoing resolution is adopted. ` 21 ll: Upon a motion duly made by Mr. Okerstrom, supported by Mr. Kane, it was #8-264-59 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on Tuesday, August 18, 1959 at approximately 11:20 p.m. A roll call vote on the foregoing resolution resulted in the following: AY ES: Peacock, Kane, Walker, Harsha, Anderson, Okerstrom, Robinson and Angevine NAYS : None The Chairman declared the foregoing resolution is adopted and that the 106th Regular Meeting was now called to order with all those present now who were present at the time the public hearing was adjourned. Upon a motion duly made by Mr. Peacock, supported by Mr. Kane and unanimously adopted, it was #8-265-59 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-389 as submitted by Kenneth & Mary Owen for a change of zoning in the Northeast 1/4 of Section 9 from R1B to C-1, the City Planning Commission does hereby recommend to the City Council that Petition Z-389 be denied for the following reasons: IL (1) it would tend to start a strip type of zoning southward on Stamford Avenue, (2) Rasak Subdivision was given preliminary approval on May 6, 1958. Dedication of Stamford ,makes the effective width of the commercial property at the northwest corner of Seven Mile and Stamford 50 feet. Petition Z- 329, which will be published on July 30th , will, because of its side yard requirement, further reduce this width to 25 feet. Consequently, it is doubtful that this property will ever be used; FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 30, 1959 and notice of which hearing was sent to The Detroit Edison Co., Chesa- peake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers Power Co., City Departments and petitioner 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. Peacock, it was #8-266-59 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-393 as submitted by Steve & Nancy Polgar and Thomas and Mildred Kimmerly for a change of zoning in the Southeast 1/4 of Section 16 from R1B to PS, the City Planning Commission does IL hereby recommend to the City Council that Petition Z-393 be granted for the following reason: (1) the City Council has previously seen fit to approve Petitions Z-320 and Z-384 thereby predetermining the character of this area, and 22 FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 30, 1959 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., 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: Peacock, Walker, Kane, Harsha, Anderson, Robinson and Angevine NAYS: Okerstrom The Chairman declared the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was a letter from S. Z. Wolack dated August 18, 1959 requesting permission to rename that portion of the original Merucci Bros. Subdivision tentatively approved October 14, 1958 and located between Five Mile Road and Lyndon Road in the Northeast and Northwest 1/4 of Section 20 to Meadowview Subdivision. This is the north half of the Merucci Bros. Subdivision. It is also located south of the property in Petition Z-394 by S. Z. Wolack which is the next item on the agenda. Mr. Beebe was present for Mr. S. Z. Wolack. Upon a motion duly made by Mr. Kane, supported by Mr. Anderson and unanimously adopted, it was li: #8-267-59 RESOLVED that, pursuant to a letter dated August 18, 1959 from S. Z. Wolack requesting permission to rename the north half of the previously approved Merucci Bros. Subdivision, located between Five Mile Road and Lyndon Road to the Meadow- view Subdivision in the Northeast and Northwest 1/4 of Section 20, the City Planning Commission does hereby grant said request. The Chairman declared the foregoing resolution is adopted. Mr. McCullough submitted a letter dated July 23, 1959 from S. Z. Wolack requesting permission to amend Petition Z-394 requesting a zoning change from AGB to R-3 for the North 500 ft. and AGB to R1A for the South 421.45' on property located on the South side of Five Mile Road approximately 2,000 ft. West of Fairlane in the Northeast 1/4 of Section 20, by requesting that the entire parcel be rezoned R1A and withdraw the request for R-3 for the north 500 ft. Upon a motion duly made by Mr. Robinson, supported by Mr. Peacock and unanimously adopted, it was #8-268-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, July' 2l,,. 1959 on Petition Z-394, submitted by S. Z. Wolack for a change of zoning in the Northeast 1/4 of Section 20, from AGB to R-3 for the North 500 ft. and from AGB to R1A for the South 421.45 ft., the City Planning Commission does hereby amend Petition Z-394 as requested by S. Z. Wolack in letter dated July 23, 1959, to request that the entire parcel be rezoned from AGB to R1A. The Chairman declared the foregoing resolution is adopted. • 23 Upon a motion duly made by Mr. Robinson, supported by Mr. ? acock and unanimously adopted, it was #8-269-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, July 21, 1959, on Petition Z-394 as submitted by S. Z. Wcl.ack for a change of zoning in the Northeast 1/4 of Section 20 from AGB to R-3 for the north 500 ft. and from AGB to R1A for the south 421.45 ft., the City Planning Commission does hereby recommend to the City Council that Petition Z-394 be approved as amended by Resolution #8-268-59, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 2, 1959 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Tele- phone 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. Anderson, supported by Mr. Peacock and unanimously adopted, it was #8-270-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, July 21, 1959 on Petition Z-398 by Martin Agegian for a change of zoning in the Southwest 1/4 of Section 21 from AGB to R1A, the City Planning Commission does hereby recommend to the City Council that Petition Z-398 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 2, 1959 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Tele- phone Co., The Consumers Power Co., 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 M-158 by the Livonia Drive-In Theatre Company, Inc., who are requesting permission to erect and operate a drive-in theatre on property located on the North side of Plymouth Road between Levan and Newburgh Roads in the Southwest 1/4 of Section 29. Public hearing June 30, 1959; item taken under advisement; study meeting July 14, 1959; regular meeting July 21, 1959, item taken under advisement; study meeting August 11, 1959. Mr. Harris was present for petitioner. Upon a motion by Mr. Kane, supported by Mr. Marsha, it was #8-271-59 RESOLVED that, the City Planning Commission does hereby certify to the City Council that pursuant to a public hearing having been held on Tuesday, June 30, 1959 on Petition M-158 requesting permission to erect a Drive-inTheatre on the north side of Plymouth Road between Levan and Newburgh Roads in the Southwest 1/4 of Section 29 , it finds that the proposed Drive-In Theatre will not be injurious to the surrounding neighbrohood, will not be contrary to the spirit and purpose of the Zoning Ordinance and will not be located within 1,000 ft. of any district zoned commercial, - 24 ICFURTHER RESOLVED, that the Planning Commission does hereby recommend to the City Council that Petition M-158 be approved subject to the following conditions: (1) that the drive-in theatre be setback no less than 730 ft. from the property line adjacent to Plymouth Road; (2) that an exit be provided on Amrhein Road; (3) that acceleration and deceleration lanes be provided on Plymouth Road westward for a total of 1,000 feet; FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Kane, Harsha and Angevine NAYS: Peacock, Walker, Anderson, Okerstrom and Robinson The Chairman declared the motion is not carried, therefore the foregoing resolution is not adopted. Upon a motion duly made by Mr. Walker, supported by Mr. Okerstrom,it was E48- -59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, June 30, 1959 the City Planning Commission does i hereby deny Petition M-158 by the Livonia Drive-In Theatre ICompany, Inc., requesting permission to erect a Drive-In Theatre on the North side of Plymouth Road between Levan and Newburgh Roads in the Southwest 1/4 of Section 29 for the following reasons: (1) that the denial does not deny a drive-in theatre in the \\\\ City but admits that the location in the industrial zone was a mistake, (2) that the proposed land use would be injurious to the surrounding neighborhood and would be contrary to the spirit and purpose of the zoning ordinance, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Robinson asked Mr. Walker if the Planning Commission is saying that it was a mistake to allow it in a M-1 district? Mr. Walker stated that it had been determined that the valuable property in the M-1 area for this specific use would be quite injurious to the City tax wise and that we have reached a point where the Pnnirg Ccmm. has to admit that a mistake E was made. Mr. Robinson felt that it should be included in the resolution that the city planning commission is attempting to rectify the error. Mr. Walker stated he was agreeable to adding any reasons the other commissioners wish to make as part of his resolution. -2- 25 Mr. Robinson stated he would like to suggest that Mr. Walker add to his motion the fact that the Commission realizes that it was an error in placing this specific use in an industrial zone and that we have taken proper steps to rectify the situation. Mr. Walker stated he was agreeable; Mr. Okerstrom continued his support. Upon a motion duly made by Mr. Walker, supported by Mr. Okerstrom, it was #8-2?2-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, June 30, 1959 the City Planning Commission does hereby deny Petition M-158 by the Livonia Drive-In Theatre Company, Inc., requesting permission to erect a Drive-In Theatre on the North side of Plymouth Road between Levan and Newburgh Roads in the Southwest 1/4 of Section 29 for the following reasons: (1) that the denial does not deny a drive-in theatre in the City but admits that the location in the industrial zone was a mistake, (2) that the proposed land use would be injurious to the surrounding neighborhood and would be contrary to the spirit and purpose of the zoning ordinance, (3) that the commission realizing that it was an error in 1[40 placing this specific use in an industrial zone has taken proper steps to rectify the situation, FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Harris, Attorney for Livonia Drive-In Theatre Company, Inc., asked the Chairman for permission to speak at this time. Mr. Harris stated that the argument that Mr. Walker voiced is one we have heard a number of times. The ordinance reads that this specific use should not be injurious to the surrounding neighborhood. What is in the neighborhood of this site other than the Ford Motor Car Plant, a hotel, a motel and a restaurant. If a drive-in theatre is injurious to these kind of businesses, it is a very strained interpretation in my opinion. We have had the approval,as you know, of the Wayne County Department of Health, the City Fire Department&the Michigan State Highway Department. Mr. Harris continued that they had obtained the approval of every department stated in the licensing ordinance. Also I have in my possession a discontinuance of the T. Crantz case which was ended today and which has caused so much comment. This case was discontinued by Judge Fitzgerald at the suggestion of Mr. T. Crantz. Mr. Harris read the discontinuance to the members of the commission. He then stated that everything in their power had been done and hoped for a reconsideration 1[40 of the motion made by Mr. Walker to deny said petition as they have complied with every requirement necessary. Mr. Angevine stated he felt he had to agree with Mr. Harris. Mr. Kane stated he has not seen any indications towards the development of this particular property for an industrial use. Felt all the planning commission is . s . . 6 ,3c 26 I: doing is waiting for industries to develop this land for us. How long are we going to hold this land without any taxes being paid upon it? Mr. Kane continued that the drive-in theatre is a legal use in this area and that it is the only way the Planning Commission can be guided. Mr. Walker asked for a vote on Resolution #2-272-59. AYES: Peacock, Walker, Anderson, Okerstrom, Robinson NAYS: Kane, Harsha and Angevine The Chairman declared the motion is carried and the petition is denied. Mr. McCullough announced the next item on the agenda was final approval for Hillcrest Avenue Subdivision submitted by Nelson Homes, Inc., located on the South side of Seven Mile Road, east of Hillcrest Avenue in the Northwest 1/4 of Section 11. Mr. Dembs was present and stated that all lots were 7200 sq. ft. Mr. Mc- Cullough stated the hardback canvas of the plat had not been received as yet but that a photostat of it had been submitted. Upon a motion duly made by Mr. Robinson, supported by Mr. Kane, it was #8-273-59 RESOLVED that, final plat of the Hillcrest Avenue Subdivision in the Northwest 1/4 of Section 11 be given final approval, subject to the hardback canvas being submitted to the City 1E: Clerk, and FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission April 21, 1959; and it further appearing that said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Works under date of May 5, 1959; and it further appearing that a bond in the amount of $6,800.00 to cover the installation of improvements has been filed in the office of the City Clerk under date of August 6, 1959; such bond having been approved by Rodney C. Kropf, Assistant City Attorney on August 7, 1959 it would therefore appear that all the conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Walker, Kane, Robinson and Angevine NAYS: Harsha, Anderson and Okerstrom. The Chairman declared the foregoing resolution is adopted. Upon a motion duly made by Mr. Peacock, supported by Mr. Walker and unanimously adopted, it was 1[40 #8-274-59 RESOLVED that, final plat of the Meri-Lynn Farms #4 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 Commission April 3, 1956; and it further appearing 27 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 June 8, 1958; and it further appearing that a bond in the amount of $14,000.00, pursuant to Council resolutions #603-58 and #475-59, to cover the installation of improvements has been filed in the office of the City Clerk under date of August 10, 1959; such bond having been approved by Rodney C. Kropf, Assistant City Attorney on August 11, 1959 it would therefore 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 Mr. Robinson, supported by Mr. Kane and unanimously adopted, it was #8-275-59 RESOLVED that, final plat of the Joy Ann Subdivision #2 in the Southeast 1/4 of Section 32 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 February 5 and June 20, 1957; and further appearing that said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Works under date of December 20, 1957; 1E: and it further appearing that a bond in the amount of $33,000.00 pursuant to Council resolutions #21-58 and #96-59, to cover the installation of improvements has been filed in the office of the City Clerk under date of Aug.12, 1959; subh bond having been approved by Rodney C. Kropf, Assistant City Attorney under date of August 12, 1959 it would therefore appear that all the con- ditions necessary to the release 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. Walker, supported by Mr. Peacock and unanimously adopted, it was #8-276-59 RESOLVED that, the City Planning Commission does hereby approve statement of The Livonian in the amount of $91.80 and that it be forwarded to the proper department for payment. The Chairman declared the foregoing resolution is adopted. Mr. McC»»ough announced the next item on the agenda was the approval of the minutes for July 21, 1959. Mr. Angevine BuLgested that the'last five words, "which could be the tax I[: base" be deleted from the last sentence' in the fourth paragraph on page 19. Mr. Kropf concurred. .,2 .3z, 28 IL: Upon a motion duly made by Mr. Robinson, supported by Mr. Kane, it was #8-277-59 RESOLVED that, minutes of July 21, 1959 be approved as corrected except for that member who was not present ' abstain from voting. A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Kane, Harsha, Anderson, Okerstrom, Robinson and Angevine NAYS: None NOT VOTING: Peacock The Chairman declared the foregoing resolution is adopted. Mr. Harsha stated that the minutes of June 2, 1959 previously approved has a minor error in them which he feels should be corrected. He stated that Mr. Angevine's name had been omitted from the list of members present for that meeting. Upon a motion duly made by Mr. Robinson, supported by Mr. Anderson and unanimously adopted, it was #8-278-59 RESOLVED that, minutes of June 2, 1959 be approved as corrected except for that member who was not present, he abstain from 'noting. I[: The Chairman declared the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was approval of the minutes for meetings on December 2, 16 and 23, 1958; January 6, 20; February 3, 10 & 17; March 3, 10, 17 & 31 and April 7, 1959. Mr. Anderson stated that for the minutes on December 23, 1958, on page 2336, in relation to Petition Z-388, the motion made by Mr. Robinson and supported by Mr. Anderson had been omitted in relation to Resolution #12- -58 at the time the minutes had been typed on the stencil. Additionally, on page 2339 for the same meeting, the sentence, "There was no one in the audience who wished to speak either in favor or opposed to petition", had been omitted at the time the minutes were typed on the stencil. This was in relation to Petition Z-346. Mr. Anderson continued, that on Page 2375 of the minutes for January 20, 1959, no determination had been made in relation to Petition Z-354. It was determined that the petition had been taken under advisement at that time. On Page 2436 of the minutes for March 17, 1959 the following had been omitted at the time the minutes were typed on a stencil: "...Upon a motion duly made by Mr. Walker, supported by Mr. Robinson, it was #3-88-59 RESOLVED that, the City Planning Commission does hereby table Application TA-43 until such time that a report I: is made by the Topsoil Committee. A roll call vote on the foregoing resolution resulted in the following: 4Q & 33 r 29 AYES: Peacock, Anderson, Harsha, Walker, Okerstrom, Robinson and Angevine NAYS: Kane The Chairman declared the foregoing resolution adopted. • Upon a motion duly made by Mr. Okerstrom, supported by Mr. Walker and unanimously adopted, it was s� Upon a motion duly made by Mr. Robinson, supported by Mr. Anderson, and unanimously adopted, it was #8-279-59 RESOLVED that, the minutes of December 2, 16 and 23, 1958; January 6, 20; February 3, 10 & 17; March 3, 10, 17 & 31 and April 7, 1959 be approved as corrected except for that member who was not present, he abstain from voting. The Chairman declared the foregoing resolution is adopted. Upon a motion duly made by Mr. Peacock, supported by Mr. Kane and unanimously adopted, the 106th Regular Meeting was duly adjourned at approximately 12:00 midnight. CITY PLANNING COMMISSION I[: 1.(:.7Angevi , Chairman ATTESTED: William R. Robinson, Secrdtary