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HomeMy WebLinkAboutPLANNING MINUTES 1959-09-15 $18' MINUTES OF THE 107TH RECUL MEETING AND A PUBLIC HEARING OF THE C/TY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, September 15, 1959 the City Planning Commission of the City of Livonia held a Public Hearing and the 107th Regular Meeting at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Robert L. Angevine, Chairman called the Public Hearing to order at approximately S:05 p.m. Members present: Robert L. Angevine, H. Paul Marsha, Leonard K. Kane, Robert M. Peacock, Dennis Anderson, Robert L. Greene and William Robinson. Members absent : Wilfrod Okerstrom and Charles Walker Mr..David McCullough, City Planner v s present along with approximately 100 inter- ested persons in the audience. Mr. Peacock asked to be excused to attend the study meeting of the City Council. Mr. McCullough announced the first item on the agenda was Petition Z-415 by the City Planning Commission on its own motion to determine whether or not to rezone all of the land in the Southwest 1/4 of Section 30, lying North of Plymouth Road except the South 200 ft. thereof to be changed from RUFB to M-2. Mr. McCullough submitted a letter dated September 1, 1959 from John Schulz, who is representing a group of people in Section 30; a letter dated September 15, 1959 IL: from Alice & George Schmidt objecting to proposed change. Mr. McCullough also submitted a letter dated September 15, 1959 from the Industrial Committee recommending that the Planning Commission approve the proposed change. Mr. Peacock returned at $:07 from the study session of the City Council. The Chairman asked if there was anyone in the audience who wished to speak. Mr. John Schulz, 376$0 Grantland, stated he was representing a group of property owners who objected to the proposed rezoning. They have reviewed said proposal and feel that the rezoning would devaluate their property considerably. Mr. Schulz said it was also felt that the industrial zoning would increase the traffic hazard in their neighborhood. Mr. Schulz further stated 1,: understood that the owner of the largest portion of this area to be rezoned, objected to the proposed rezoning. He asked why this particular area was chosen to be rezoned to industrial when there was so much already zoned industrial which wasn't being used. Mr. Polgar, Chairman of the Industrial Committee, stated that they were trying to attract industries to Livonia in order to keep the tax base low. At the present time there was a scarcity of industrial property available for industrial development due to lack of water and sewer. This particular property is the most logical at this time. This is reason the Industrial Committee is recommending to the Planning Commission that this petition be approved. Mr. Schulz stated that there was no water or sewer an this property, and that there liewas other property which did not need rezoning. Mr. Polgar stated that the reason this property was chosen was beecazse it was felt it was very close and feasible to extend the water and sewer. As for the other land available Which did not need rezoning, this land is all landlocked. The Planning Commission has designated an Industrial Road but it is not open as yet. 2 1[40 Mr. Kane felt that the Planning Commission should look further into this matter to determine if a buffer cmld be established between the residential property and the proposed industrial zone in order to protect the property owners of the residential property. Mr. Peacock asked if there were any homes abutting this area to be rezoned to M-2. The members of the Planning Commission examined the map to det.3rmine how many homes are in this area. It was found that there were no homes abutting this property except on Plymouth Road. Mr. Harsha asked if the 200 ft. along Plymouth road was measured from the right-of- way or the section line. Mr. McCullough stated it should be 260 ft. from the center line of the road. Mr Peacock asked if the people objecting to the rezoning, understood that it is a small section that is being rezoned. Mr. Schulz stated that they understood how much was to be rezoned. The question was asked if this property becomes M-2, is it possible it could become some other zoning at a later date? Mr. Angevine stated it is possible. Mr. Angeine was then asked if this present petition is approved, would it be possible to change the zoning back to its present zoning. Mr. Angevine stated it is possible, but whether it would be practical is another i. esticv. The question was also asked on what basis is this petition being submitted. Mr. McCullough stated it was at the request of the Industrial Committee. I: is Mrs. Marian Kellner asked if the buff buffelfirrone or can it be rezoned later also. Mr. Angevine stated it could be changed later but it would be another petition. At the present time there is no zoning as a buffer zone. It was determined that this item would be taken under advisement for a month in order to give sufficient time to the objectors to study this further with the City Planner. Mr. Angevine stated,in answer to the requebt that the objectors be notified when the next meeting will be held for this petition, that this could be done. Mr. Angevine stated if there were no objections, the Planning Commission would take up Item #6 at this time. Mr. McCullough announced the next item on the agenda was Petition Z-411 by Clarence Cherest on behalf of Susan E. Tice and Francis & Madoline Bazo, who is asking that the zoning classification on property located on the Northeast corner of Stark Road and Ann Arbor Trail in the Southeast 1/4 of Section 33 be changed from RUFB to PS. Mr. Charest was present on behalf of the petitioners. Mr. Angevine asked if there was anyone in the audience who wished to speak. Mr. Charest stated this property has been used for a convalescent home for appraximatel ten years. It is a secluded place surrounded by shrubs and trees. It is the wish 1[40 of the petitioners to rezone it to protect themselves. It is presently a non-ftetorminE use. i Mr. McCullough stated that it should be noted that there is no commercial use in the surrounding area. It is strictly residential. ase. 3 ILMr. Peacock felt this item should be taken under advisement as he would like to investigate the area. Mr. Greene asked if in the event the planning commission should grant this petition, would it start others in thinking they could do the same. Mr. Charest did not think this would be so. Mr. Marsha asked Mr. Angevine that a poll be taken of the commissioners to determine whether or not this item should be taken under advis'ement. A roll call resulted in the following: AYES: Peacock, Kane, Anderson, Greene, Robinson and Angevine NAYS: Harsha Mr. Angevine stated this item would be under advisement. Mr. McCullough announced the next item on the agenda was Petition M-169 by The Detroit Automobile Inter-Insurance Exchange, who are requesting permission to build a parking area on the Southwest corner of Hubbard Road and Five Mile Road in the Northwest 1/4 of Section 22. Mr. McCullough stated the petitioner was seeking.approval for the ingress and egress of the parking area. They have received approval from the Zoning Board of Appeals to extend building into the R-3 zone. Mr. Kane felt he would prefer having an ingress and egress on Hubbard rather than just an egress. The ingress only could be on Five Mile Road and make all exits on HubbardRoad. Mr. McCullough bated he agreed with Mr. Kane except for the proximity of the High School and the condition of the surface of the road. Mr. Kane asked if the Traffic Commission has submitted a recommendation. It was determined they had not. The members of the commission examined the plot plan of the parking. Mr. Angevine asked if there was anyone in the audience who wished to speak. be Mr. Carl Fischer, attorney for the petitioner, stated he would/glad to answer any questions. Mr. Marsha felt he could not agree to having an ingress on Hubbard. If the aisles were increased to twenty-six (20 feet, this would be a better solution to the problem. Mr. Fischer stated they would be agreeable to any decision suggested by the traffic authorities. Mr. Robinson asked how did the City Planner feel about the suggested twenty-six fmet aisles. Mr. McCullough stated that the traffic manual had suggested the twenty-six foot aisles and also that there be a suitable radii. Mr. Robinson asked Mr. McCulloug I[: if he felt it was necessary to submit this to the Traffic Commission. Mr. McCullough stated he did not feel it was necersary. Upon a motion duly made by Mr. Robinson and supported by Mr. Marsha, it was #9 • .59 RESOLVED that, pursuant to a Public Hearing having been held 4 on Tuesday, September 15, 1959, the City Planning Commission does hereby grant Petition M-169 of the Detroit Automobile Inter-Insurance Exchange requesting permission to build a parking area on the Southwest corner of Hubbard Road and Five Mile Road in the Northwest 1/4 of Section 22, subject, however, to the following: (1) that the aisles be increased to twenty-six (26) feet in width with suitable turning radii, (2) that entrances on both roads are to accomodate incoming and outgoing traffic rather than as is indicated on site plan, and Mr. Peacock asked Mr. Robinson to amend his resolution so that it would be approved subject to receiving approval from the Traffic Commission. Mr. Robinson stated he did not wish to amend his resolution. Mr. Greene stated he did not agree with Mr. Robinson. He felt a recommendation should be obtained from the Traffic Commission because of the traffic light being so near the ingress on Five Mile Road. Mr. Robinson stated he agreed with Mr. Greene and he would amend his motion to approve. Upon a motion duly made by Mr. Robinson, supported by Mr. Harsha, it was #9-292-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, September 15, 1959, the City Planning Commission does hereby brant Petition M-169 of the Detroit Automobile Inter- Insurance Exchange requesting permission to build a parking area on the Southwest corner of Hubbard Road and Five Mile Road in the Northwest 1/4 of Section 22, subject, however, to the following: (1) that the aisles be increased to twenty-six (26) feet in width with suitable turning radii, (2) that entrances on both roads are to accomodate incoming and outgoing traffic rather than as is indicated on the site plan, and (3) that a favorable report is received from the Traffic Commission, 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: Peacock, Kane, Harsha, Anderson, Greene, Robinson and Angevine NAYS: None 1[40 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-170 by the Citrin Oil Company who are requesting permission to erect a gasoline service station on property located on the Northeast corner of Merriman and Schoolcraft Road in the Southwest 1/4 of Section 23. Mr. Citrin was present. 5 Mr. Harsha felt this property was not being used for its best possible use. Mr. IL: Citrin stated their reason for erecting a Standard station at this location was because it was one of the few sites located quite a distance from another Standard service station. Mr. Peacock stated that there was a Standard station located one mile away, on Hubbard and Plymouth. He stated further that he has noted that there are eight gasoline stations within two miles of this area. Mr. Citrin stated that there weren't any Standard Stations within two miles on Schoolcraft. Mr. Harsha stated that according to the plot plan the sign projected beyond the property lines. This was in violation of the ordinance. Mr. Citrin stated this could be corrected and the sign will be erected within the property lines The Chairman asked if there was anyone in the audience who wished to speak. Upon a motion made by Mr. Kane, it was #9- -59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, September 15, 1959 the City Planning Commission does hereby grant Petition M-170 by the Citrin Oil Company requesting permission to erect a gasoline service station on the Northeast corner of Merriman and Schoolcraft Road in the Southwest 1/4 of Section 23, IE: The foregoing resolution died for lack of support. Upon a motion duly made by Mr. Peacock, supported by Mr. Anderson, it was #9- -59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, September 15, 1959 the City Planning Commission does hereby deny Petition M-170 by the Citrin Oil Company requesting permission to erect a gasoline service station on the Northeast corner of Merriman and Schoolcraft Road in the Southwest 1/4 of Section 23, for the reason that there are already too many gasoline stations in the area, Mr. Greene stated that he also felt there were too many gasoline stations but this is not a legal valid reason for denying this petition. Mr. Kane concurred with Mr. Greene. He further stated this petition could not be denied any more than a request for a super market. This is a competing business with the other two gascithe stations in this area. Mr. McCullough stated that the City Council had just recently adopted an ordinance allowing gasoline stations in only the C-2 districts. Mr. Angevine stated a motion has been made and supported. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Anderson and Robinson NAYS: Kane, Harsha, Greene and Angevine The Chairman declared the motion is not carried, therefore the resolution is not adopted. . • .2 .5".3 6 Mr. Angevine stated that another motion was ,a #r 1 Upon a motipn duly made by Mr. Kane, supported by Mr. Greene, i t was #9-293,59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, September 15, 1959 the City Planning Commission does hereby grant Petition M-170 by the Citrin Oil Company requesting permission to erect a gasoline station or: property located on the Northeast corner of Merriman and Schoolcrat;t Road in the Southwest 1/4 of Section 23, 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 asked if it was understood that the sign will conform with the Ordinance. Mr. Cin etated it was. A roll call vote on the foregoing resolution resulted in the following: ASS Kane, Harsha, Greene and Angevine NAYS: Peacock, Anderson and Robinson " The Chairman declared the motion is carried and the foregoing resolution's.adopted. Mr. McCullough announced the next item on the agenda was Petition Z-404 by Samuel H. Rubin, attorney on behalf of John B. and Gladys A. Carlson, who is asking that Irsthe zoning classification on the property located on the Northeast corner of Munger and Oporto in the Northeast 1/4 of Section 14 be changed from RUFB to RIA. Mr. Carlson and Mr. M. Golberg were present. Mr. McCullough stated that lots immediately east of property in question are 80 x 140. Petition is requesting permission to split his property into other lots. Mr. McCullough.spggested that the petitcre'verbally amend his petition to request RLA instead of R1A. Nor. Carlson stated he would agree to do this. Jr.iR. Krop., Assistant City Attorney arrived at approximately 9:00 p.m. Mr. Kane suggested the petitioner request a RU zoning. It was determined there wasn't sufficient property. Upon a motion duly made by Mr. Robinson, supported by Mr. Kane, it was #9-294•-59 RESOLVED that, the City Planning Commission does hereby allow.petit :oner, of Petition Z-404, John Carlson, to verbally amend said petition to read Rt'FB to R1A instead of RUFB to R1A. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Kane, Harsha, Anderson, Greene, Robinson and Angevine NAYS: None IL: The Chairman declared the motion is carried and the foregoing resolution is adopted, Upon a motion duly made by Mr. Peacock, supported by Mr. Anderson and unanimously adopted, it was 7 fp #9-295-59 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-404 as submitted by Samuel H. Rubin on behalf of John B. and Gladys A. Carlson for a change of zoning in the Northeast 1/4 of Section 14 from RUFB to RLA, the City Planning Commission does hereby recommend to the City Council that Petition Z-404 as amended by Resolution #9-294-59, bb, granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of August 27, 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. The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. Carlson was informed that it would be necessary for him to forward a letter confirming his request to amend his petition to read RLA instAai of R1A. Mr. Carlson agreed to do this. Mr. McCullough announced the next item on the agenda was Petition Z-410 by Dwight & Margaret Morris who are asking that the zoning classification on property located South of Ann Arbor Trail approximately 75 ft• East of Ann Arbor Road in the Northeast 1/4 of Section 31 be changed from RUFB to AGB. Mr. Morris was present. 1: Mr. Kane asked if a building was to be erected. Mr. Morris answered,No. Mr. Kane suggested that the zoning requested be AGA instead of AGB. Mr. McCullough asked Mr. Morris if he would be agreeable to amending his petition to ask for AGA. Mr. Morris stated he would. Mr. Morris stated he was requesting a change of zoning in order to be able to have pony rides. The question was asked why an agricultural zoning was needed. Mr. McCullough stated this was the consensus of opinion from the Law Department. Mr. Angevine asked if there was anyone in the audience who wished to speak. Upon a motion duly made by Mr. Peacock, supported by Mr. Kane, and unanimously adopted, it was #9-296-59 RESOLVED that, the City Planning Commission does hereby allow petitioner for Petition Z-410, Dwight Morris to verbally amend said petition to read RUFB to AGA instead of RUFB to AGB. The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. Robinson questioned whether or not it was wise to rezone property back to AG. Asked if there was some other zoning which would permit the use for which the petitioners intend to use the property for. Mr. Kropf stated that he would check into this now. 11[: Mr. Peacock asked Mr. Morris what buildings were on the property. Mr. Morris answered there was a house, a barn and a garage. Mr. Kropf stated that the cldeest thing for this particular use came under the AG district, Sub-section (e) of Section 9.02. Mr. Robinson asked if this use couldn't be classified as a carnival or amusement? • 8 IL: It was determined that a RUF zoning could not be used because horses were allowed for owner's use only. Upon a motion duly made by Mr. Kane, supported by Mr. Greene, it was #9-297-59 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-410 by Dwight & Margaret Morris for a change of zoning in the Northeast 1/4 of Section 31 from RUFB to AGA, the City Planning Commission does hereby recommend to the City Council that Petition Z-410, as amended by Resolution #9-296-59, be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of August 27, 1959 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The donsumers 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, Kane, Marsha, Anderson, Greene and Angevine NAYS: Robinson The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. Morris was asked to forward a letter requesting an AGA zoning instead of AGS. Mr. R. Kropf was excused at 9:30 p.m. Mr. McCullough announced the next item on the agenda was Petition Z-412 Louis LeBar and Leona LeBar who are asking that the zoning classification on property located on the West side of Hartel approximately 300 ft. South of the Chesapeake & Ohio Railway in the Southwest 1/4 of Section 25 be changed from R1B to M-1. Mrs. Hix and Mrs. LeBar were present. Mrs. Hix stated the house on her property could not be =copied because of no plumbing facilities and also due to the proximity of the industrial zoning to the east, north and west. Stated further that presently there is a machine shop directly south of her property. Mrs. LeBar stated she could not rent or sell her property as residential due to the industrial zoning being located so close. Photographs were submitted to the members of the commission showing the surrounding area. The Chairman asked if there was anyone in the audience who wished to speak. Mr. McCullough submitted a letter dated September 15, 1959 from a Mr. J. W. Hill, I[: who stated he did not object to the rezoning because of the proximity of the race track, the railroad and General Motors to this property. Mr. R. Kropf returned to the meeting at approximately 9: 40 p.m. Mr. Anderson stated if this is rezoned to industrial, he felt that the street is in very poor condition for industrial use. He stated further he felt thatthis should be rezoned to industrial use but the street will have to be improved for this use. ,S 9 Upon a motion duly made by Mr. Peacock and supported by Mr. Greene and unanimously adopted, it was #9-298-59 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-412 as submitted by Louis LeBar and Leona LeBar for a change of zoning in the Southwest 1/4 of Section 25 from RIB to M-1, the City Planning Commission does hereby recommend to the City Council that Petition Z-412 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of August 27, 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 petitioners 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-413 by D & A Builders, Richard D. Skoglund and Jack A. Wilson who are asking that the zoning classification on property located on the Southwest corner of Parkville and Vassar Avenue in the Southwest 1/4 of Section 1 be changed from RUFB to R1A. Mr. Skoglund was present. The Chairman asked if there was anyone in the audience who wished to speak. Mr. McCullough stated that the lots across the street from this property were 75 ft. in width. Upon a motion duly made by Mr. Peacock, supported by Mr. Anderson and unanimously adopted, it was #9-299-59 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-413 by D & A Builders, Richard D. Skoglund and Jack A. Wilson for a change of zoning in the Southwest 1/4 of Section 1 from RUFB to R1A, the City Planning Commission does hereby recommend to the City Council that Petition Z-413 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livcnian, under date of August 27, 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 motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition Z-414 by Gordon- Begin Real Estate, Inc. who are asking that the zoning classification on the property located approximately 2,000 ft. East of Middlebelt Road and South of ILLyndon in the Southwest 1/4 of Section 24 be changed from RUFB to R1A. Mr. Gordon was present. Mr. McCullough informed the commission and audience that this property was to extend their puma 10 The Chairman asked if there was anyone in the audience who wished to speak. Upon a motion duly made by Mr. Robinson, supported by Mr. Peacock, and unanimously 1[40 adopted, it was #9-300-59 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-414 by Gordon Begin Real Estate, Inc., for a change of zoning in the Southwest 1/4 of Section 24 from RUFB to R1A, the City Planning Commission does hereby recommend to the Cty Council that Petition Z-414 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of August 27, 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 petitioner as listed in the Proof of Service. The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition V-49 by Sylvan Building Company who have requested vacating certain portions of Brookfield Avenue located in Grennada Park Subdivision #1 located in the Northwest 1/4 of Section 22. This property is to be replatted and included in the proposed Taylor Subdivision, west of Hubbard and north of Lyndon Road. Mr. Taylor of the Sylvan Building Company was present. Mr. McCullough submitted a letter dated September 9, 1959 from the IrilDetroit Edison Company. No letters were received from Mich.Bell and Engineering. Mr. Angevine asked if there was anyone in the audience who wished to speak. Upon a motion duly made by Mr. Robinson, supported by Mr. Kane and unanimously adopted, it was #9-301-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, September 15, 1959 on Petition V-49 as submitted by Sylvan Building Company for the vacating of certain portions of Brookfield Avenue located in the Northwest 1/4 of Section 22, the City Planring Commission does hereby recommend to the City Council that Petition V-49 be granted, subject to the City Planning Commission receiving favorable recommendations from the Michigan Bell Telephone Company and the Engineering Dept., prior to City Council's acting thereon, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of August 27, 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, petitioner and abutting property owners as listed in the Proof of Service. The Chairman declared the motion is carried and the foregoing resolution is adopted. 1[4, Mr. McCullough announced the next item on the agenda was Petition V-50 by certain residents of the Bonaparte Gardens Subdivision who are requesting that the alley between Hugh and Beatrice for one block between Dover and to the alley-way previous to Joy Road in the Southeast 1/4 of Section 35 be vacated. 11 Mr. McCullough submitted a letter dated September 9, 1959 from The Detroit Edison 110 Company. No recommendation had been received from Michigan Bell TelephoneCompany or the Engineehng Department. The Chairman asked if there was anyone in the audience who wished to speak. Upon a motion duly made by Mr. Robinson, supported by Mr. Anderson, and unanimously adopted, it was #9-302-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, September 15, 1959 on Petition V-50 as submitted by certain residents of the Bonaparte Gardens Subdivision in the Southeast 1/4 of Section 35 for the vacating of alley between Hugh and Beatrice for o_::: block betwsen Dover and to the alley- way previous to Joy Road; the City Planning Commission does hereby recommend to the City Council that Petition V-50 be granted, subject to the following: (1) that an easement be created for the full width of the alley; (2) that favorable reports be received from Michigan Bell Tele- phone Company and our Engineering Department prior to City Council2s acting the...eon; and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of August 27, 1959 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & On__o Railway Company, Michigan Bell Tele- phone Company, The Consumers Power Company, City Departments, Ili petitioner and abutting property owners as listed in the Proof of Service. The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition V-51 by- Richard Naught who is requesting that the alley at the rear of Lots 169-172 in B. E. Taylor2a Como Lake Subdivision located W. of Inkster Road and South of Howell Road in the Northeast 1/4 of Section 24 be vacated. Mr. McCullough submitted a letter dated Sept:.aber 9, 1959 from Detroit Edison. No letter from Mich. Bell Co.or Engineering. The Chairman asked if there was anyone in the audience who wished to speak. Mr. Harsha stated if this alley is vacated as requested, this would create a dead- end alley for th':,remainder of the properties south of portion in petition. Mr. McCullough stated that the petitioner could be informed that he should ask the remaining property owners to request their alleys to be vacated. Mr. Anderson suggested that the petition be denied without prejudice and then have the petitioner come in with a new petition for the complete alley. Upon a motion duly made by Mr. Peacock, supported by Mr. Anderson and unanimously adopted, it was I[: #9-303-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, September 15, 1959 on Petition V-51 as submitted by Richard Naught for the vacating of alley at the rear of Lots 169-172 in B. E. Taylor2a Como Lake Subdivision in the Northeast 1/4 of Section:)24, the City Planning Commission does hereby recommend to the City Council that Petition V-51 12 be denied without prejudice and hereby request the petitioner If: to resubmit a petition to vacate the entire alley, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livnnian under date of August 27, 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, petitioner and abutting property owners as listed in the Proof of Service. The Chairman declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Kane, supported by Mr. Peacock, it was #9-3O1-59 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing at approximately 9:53 p.m. on Tuesday, September 15, 1959. A roll call vote on the foregoing resolution resulted in the following: AYES: Peacock, Kane, Harsha, Anderson, Greene, Robinson and Angevine NAYS: None The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. Robinson asked to be excused for the remainder of the evening. Mr. Angevine called a recess at approximately 9:55 p.m. Mr. Angevine called the 107th Regular Meeting to order at approximately 10.05 p.m. with all those present now, who were present at the time recess was called. • Mr. Angevine asked Mr. Kane to act as Secretary in the absence of Mr. Robinson. Mr. McCullough announced the next item on the agenda was Petition M-162 by Citrin Oil Company requesting permission to erect a gasoline service station on the North side of Plymouth Road between Camden and Haller in the Southwest 1/4 of Section 25. Public Hearing held on August 1$, 1959; item taken under advisement. Study meeting August 25, 1959; Special meeting September 1, 1959, item taken under advisement. Mr. Citrin was present. Mr. Citrin submijted information in relation to several questions raised at the last meeting. One question raised was whether or not it was feasible having a gas station so'"close to a convalescent home because of the lights, noise and fumes. Mr. Citrin submitted photographs of another convalescent home located in Detroit next door to a gas station. A letter written by the director of the home was also submitted and stated that they did not find operation of the filling statior detrimental to the convalescent home. Mr. Citrin further stated that if the Planning Commission felt a headlight barrier along their westerly property line should be erected, they would be agreeable to this. This is called a light blind. Mr. Peacock stated that a protective wall is to be erected of sufficient height IL to screen the lights of the cars entering or leaving the station, from the con- valescent home. Mr. Peacock felt that this should be done after the station is erected. Mr. Citrin stated they would be agreeable to do this. G 13 Mr. Peacock stated that Mr. Citrin had mentioned at the last meeting that they IEmight open the back part of the property for a park for the patients of the con- valescent home. Mr. Citrin stated Mr. Pizer, their attorney, had made this statement but it has been detemnined since the last meeting that the Citrin Company would become liable for the actions of the patients. Mr. Peacock suggested that Mr. Sergi, owner of the convalescent home, could give the Citrin Company a sthold harmless clauses. Mr. Kropf stated it is impossible and illegal to do this and the Planning Commission can not exact this kind of a statement from the petitioners. north Mr. Anderson asked if this wall would come up to th property line. Mr. Peacock felt this was not necessary, that it should not go beyond the convalescent home. Mr. Citrin stated they would erect the wall according to the Commi- sicn's wishes. Mr. Kropf asked if they would submit a letter confirming the erection of said wall, as per Mr. Peacock's suggestion. Mr. Citrin agreed. Upon a motion duly made by Mr. Peacock, supported by Mr. Kane and unanimously adopted, it was #9-305-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, August 18, 1959, The City Planning Commission does hereby grant Petition M-162 by the Citrin Oil Company requesting permission to erect a gasoline service station on the North side 11[: of Plymouth Road between Camden and Haller in the Southwest 1/4 of Section 25, subject to the Planning Commission receiving a letter confirming the erection of a protective wall along the west property line of petitioner's property, and FURTHER RESOLVED, notice of the above hearing was sent to the property owners within 500 ft., petitioner and City Departments as listed in the Proof of Service. The Chairman declared the motion is serried and the foregoing resolution is adopted. It was determined that the next item, Petition Z-408 (Minimum floor area for houses in RL, RU and RUF districts; increased side yard requirements with attached garages in RL, RU, RUF and 70 foot Rl Districts) would be taken under advisement in order to hold a study sessbn on this item before action is taken. Mr. McCullough announced the next item on the agenda was the 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. Public Hearing held on August 18, 1959, item taken under advisement. Mr. Taylor was present. It was determined that the proposed subdivision had only one nr:rth/south• entrance.but 1[0 the City Council had allowed the builder to pave thirty feet (30) on the Civic Center property in order to extend Brookfield further north to where Brookfield is now situated. Mr. McCullough submitted an alternative plan of the proposed subdivision in lieu of the first one submitted. This plat contained a cul-de-sac at the end of Meadowbrook Lane which would prevent an outlet into the property to the west. 14 Mr. Peacock was excused at apprcximately 10:25 p.m. Mr. Anderson felt the first plat was more favorable because of the outlet to the IC: 1 land located west of the proposed subdivision. Upon a motion duly made by Mr. Kane, supported by Mr. Anderson,.it was . . #9-306-59 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 Taylor Gardens Subdivision in the Northwest 1/4 of Section 22, subject to the following: (1) that the developer will pave 30 feet of the extension of Brookfield over City owned property in accordance with his representations to the Council, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Super- intendent of Schools, Fire Department, Police Department, Parks and Recreation Department and Members of the plat committee. A roll call vote on the foregoing resolution resulted in the following: AYES: Kane, Anderson, Greene, Harsha and Angevine NAYS: None The Chairman declared the motion is carried and the foregoing resolution is adopted. I[: Mr. Kropf was excused at 10:35 p.m. for the remainder of the meeting. Upon a motion duly made by Mr. Kane, supported by Mr. Harsha and unanimously adopted, it was #9-307-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, January 20, 1959 on Petition Z-356 as submitted by the City Planning Commission pursuant to Council9s request, the City Planning Commission does hereby recommend to the City Council that Petition Z-356 be denied for the reason that the City Attorney has advised the City Planning Commission that the pro- posal violates Section 14.434(5) of the Michigan Statutes ;gnnotated, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of January 1, 1959 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumers Power Co., City Departments and as listed in the Proof of Service. The Chairman declared the motion is carried and the foregoing resolution is adopted. : Upon a motion duly made by Mr. Anderson, supported by Mr. Kane and unanimously adopted, it was 15 #9-308-59 RESOLVED, that, final plat of the Kingsbury Heights Subdivision in the Southwest 1/4 of Section 17 be given final approval, and i 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 17, 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 January 16, 1959; and it further appearing that bcnde inthe total amount of $26,000.00, pursuant to Council's Resolutions #147-59 and #560-59, to cover the installation of improvements have been filed in the office of the City Clerk under date of September 15, 1959; such bond having been approved by Charles J. Pinto, Assistant City Attorney on September 15, 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. The Chairman declared the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was final approval of Fairway Farms (formerly Bonnydale #3) submitted by the Bonadeo Corporation and located in the Southeast 1/4 of Section 17. st ri It was determined that the median/for (view Drive as shown on the preliminary plat approved January 6, 1959, was not shown on the canvas back plat. It was de- litermined that this item would be taken under advisement until this correction has been made. Mr. McCullough announced the next item on the agenda was approval of the minutes for August 18, 1959 and September 1, 1959. Mr. Kane suggested that the word alimit3 be used instead of ,'retain" in Resolution #8-253-59 (in the second reason for denying petition), for the minutes of August 18. Upon a motion duly made by Mr. Anderson, supported by Mr. Kane, it was #9-309-59 RESOLVED that, the minutes of August 1E, 1959 and September 1, 1959 be approved as corrected except for that member who was not present, he abstain from voting. A roll call vote on the foregoing resolution resulted in the following: AYES: Kane, Harsha, Anderson and Angevine NAYS: None NOT VOTING: Greene The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announeoid the next item on the agenda was a request from. Madison Civic Association to change the building classification from B to A in the South ILhalf of Section 13. It was determined to take this item under advisement in order to study it further at the next study meeting. At this time Mr. Harsha stated that he noticed that the ordinance in relation to protective walls is not the ordinance which was adopted by the City Planning Commission. 16 1[3 He stated the language had been changed after it left the Planning Commission and forwarded to the City Council. Mr. Angevine suggested that the Liaison Committee of the Planning Commission and the City Council meet to discuss this item. It was determined that a letter would be forwarded by the City Planner to the City Council in relation to the protective wall. It was further determined that at the time the Planning Commission had adopted the resolution to approve Z-312, amending Section 4.45 of Article 4.00 of the Zoning Ordinance, that another resolution had been adopted, providing for a public hearing to amend Z-312 in relation to who was responsible for erecting sid protective wall. It was found that there was an error in this proposed amendment to Section 4.45 in describing the type of wall to be erected. It was determined that a motion was in order to hold a new public hearing on Section 4.45 of Article 4.40 with the language as specified by the Planning Commission and with the correct description of type of wall to be erected. Upon a motion duly made by Mr. Anderson, supported by Mr. Harsha, and unanimously adopted, it was #9-310-59 RESOLVED that, pursuant to Section 20.01 of the Zoning Ordinance of the City of Livonia, Zoning Ordinance No. 60 as amended, the City Planning Commission on its own motion at this time does hereby provide for a Public Hearing to be held, to determine whether or not Section 4.45 of Article 4.00 of the Zoning Ordinance should be amended as follows: THE CITY OF LIVONIA ORDAINS: Section 1. Section 4.45 of Article 4.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia", is hereby amended to read as follows: Section 4.45 Protective Walls. Notwithstanding other provisions of this ordinance where off-street parking areas or rear yards of commercial properties adjoin or are contiguous to any residential district or districts, whether or not said residential district has been developed, the owner of the commercial land shall provide and construct a con- tinuous, unpierced and reinforced poured concrete or hardburned brick wall not less than five (5) feet nor more than seven (7) feet in height to adequately screen such parking or commercial district from abutting residential districts, the height of said wall to be measured from the surface of the parking or commercial lot. Such wall shall be constructed on the rear easement line rather than on the rear lot line of the particular commercial property; provided, however, that where the con- struction of such wall on a rear easement line will work a hardship on a particular property owner because of the location and size of such easement or for any other special circumstance, this requirement may be modified by the Zoning Board of Appeals. All plans and specifica- tions of such wall shall be submitted to the Division of Engineering 1:: of the Department of Public Works for their approval and such wall shall be constructed in strict accordance with the plans and specifi- cations of that department; The' coriitruction of such wall shall not be commenced until a building permit has been secured from the c;'&6 • 9 c- 17 bureau of Inspection. It shall be the responsibility of the owner of the premises on which any pro- tective wall is located to maintain and keep the area between such protective wall and the rear lot line of such property free and clear of any debris, trash, weeds and waste of any material and at all times to keep such area in a neat, clean and orderly fashion. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of the remaining portions of this ordinance. that a hearing be held and that notice be given as provided in Section 20.01 of the Zoning Ordinance, Ordinance No. 60 of the City of Livonia and that there shall be submitted to the City Council a report and recommendation. The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was the results of the election of officers for the Planning Commission. He stated the votes had been tabulated and the following are the results: Chairman - Robert L. Angevine Vice-Chairman - H. Paul Marsha Secretary - Leonard K. Kane Mr. McCullough stated that if the Commission so desired, he would have Mr. Kropf verify the tabulation of the votes. This was agreed to by the members. Upon a motion duly made by Mr. Kane, supported by Mr. Greene and unanimously adopted, the City Planning Commission does hereby adjourn the 107th Regular Meeting at approximately 11:00 p.m. on Tuesday, September 15, 1959. CITY PLANNING COMMISSION ert L. Angevine, airman I: ATTESTED: William R. Robinson, Secretary it- Leonard4! K. Kane, Secre ry pro tem