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HomeMy WebLinkAboutPLANNING MINUTES 1962-04-10 3428 MINUTES OF A PUBLIC HEARING AND THE 1[10 142ND SPECIAL MEETING OF THE CITY PLANNING COMMiSSION OF THE CITY OF LIVONIA On Tuesday, April 10, 1962 the City Planning Commission of the City of Livonia held a public hearing and the 142nd Special Meeting at the City Hall, 33001 Five Mile Road. Livonia, Michigan. Mr. Charles W. Walker, Chairman, called the public hearing to order at approximately 8:05 p.m. Members present: Robert L. Angevine, Dennis Anderson, W. E. Okerstrom, Arthur Samuels, Charles W. Walker, James Cameron, Robert L. Greene Members absent : Leonard K. Kane and#James W. Watson, Jr. Mr. David R. McCullough, City Planner, was present along with approximately 35 interested persons in the audience. Mr. McCullough: The first item on the agenda is Petition Z-550 by H. A. Carlson who is asking that the zoning classification on property located on the north side of Seven Mile Road appro imately 450 ft. East of Gill Road in the Southeast 1/4 of Section 4 be rezoned from RUFA to PS. Mr. McCullough asked Mr. Tatum, who was representing petitioner, to explain the reason for the change of zoning. = Mr. Tatum stated they were requesting a rezoning in order to build a nursing home. He wanted it understood that it was not to be a convalescent home. The patients are only at the nursing home for a definite period of time. The organization is not a church organization but it is supported and financed by the Christian Scientists. The proposed building would house approximately 20 persons. It is approximately 20' x 80' and would cost in the neighborhood of $300,000. The building will con- sist of one story and the material used would have to comply with the City's safety laws and must be fireproofed throughout. Mr. Walker stated that the request was for the entire parcel which consisted of 1220 ft. in depth. Was it intended to use all the land for this particular use? Mr. Tatum stated there was much more land there than they needed, but they had been informed that it could be divided if necessary in the future, possibly to sell it for residential purposes. Mr. Walker asked what depth were they interested in for this use? Mr. McCullough stated that they had asked for the entire parcel. #Mr. James Watson, Jr. arrived at approximately 8:10 p.m. Mr. Charles Forrest, Assistant City Attorney arrived at approximately 8:11 p.m. ILMr. McCullough stated that one of the adjoining neighbors has asked if the petitioner was going to fence in this entire area? Mr. Tatum answered that he could not answer for the Board of Directors but he felt that they would be perfectly willing to conform, within reason, to any suggestions. It was determined under the PS Ordinance, only a greenbelt was required. . 3429 Mr. Cameron asked if any particular age group would be permitted in this home? I Mr. Tatum answered that the patients would be of all ages - with the exception that there would be no children. M. Anderson asked if this was a profit making organization or something like a church group? Mr. Tatum answered that it would function more or less like other church organizations but it is not a profit making organization. Mr. Walker asked if there was anyone in the audience who wished to speak? Mr. P.Barrett, 19630 Gill Road, stated he was not objecting to the use but he would like to see a fence provided around their property. His property immediately adjoins this property in question. He had nine children and thought it would be best if their property was fenced in. This was his only objection. Mr. Tatum asked if Mr. Barrett was requesting a fence around the entire 51e acres? Mr. Barrett answered he meant only that area they intend to use. It was determined that no objections had been received from any other surrounding property owners. It was determined that this property in question did not abut any commercial zone 1[1. and that if approved, the PS zone would be entirely surrounded by residential property. Mr. Tatum stated their main interest was to be in a quiet, restful locality. They did not want to be in the middle of a commercial zone. The type of building proposed would have the general appearance of a dwelling instead of a commercial enterprise. Mr. Okerstrom asked how many patients would be in the building? Mr. Tatum answered they were planning to provide 20 private rooms. This would be the maximum capacity. Mr. Samuels asked if the patients would be of the long term type, possibly two or three years? Mr. Tatum answered they would not be. They would all be short term periods. This would be for people who would have need .for nursing care for a short period of time. He stated their by laws call for a limit of one year. Mr. Anderson asked if they would be willing to request a rezoning for only that portion needed for the use, and to leave the rear portion open for residential development in the future? Mr. Tatum felt that they would probably agree to this buthwouldprefer to meet with the board and discuss it further. AOSPOR ILOj Mr. Walker questioned the deep set back of the proposed building. He asked what were the setbacks of the adjoining buildings. If the proposed building could be brought forward, it is possible to rezone only a portion of the property because so much of the rear portion would not be needed. Mr. Tatum stated if the 350 ft. setback is undesirable, he felt this could be moved forward. They would like to be far enough away from Seven Mile Road so that the, . 3430 street noise would not disturb the patients. Mr. Walker asked if Mr, Tatum bad any idea how much property they would need for this Iris use? Mr. Tatum stated off hand he could not say but possibly half of the property would be sufficient. He stated again he would like to discuss this with the Board of Directors. Mr. Walker suggested that the matter of fencing in the property should be discussed also. Mr. Angevine stated that it should be considered that this is very close to being spot zoning. Mr. Walker stated this item would be taken under advisement. Mr. McCullough; The next item on the agenda is Proposed Merriman Road Industrial Subdivision located on the east side of Merriman Road immediately north of the Chesapeake & Ohio Railroad between Schoolcraft and Plymouth Roads. Submitted by Smith, Bisschop & Company. This proposed subdivision is located in the Northwest 1/4 of Section 26. Mr. William Berry was present for the petitioner. Mr. McCullough stated that the railroad has sufficient depth on the south side of the rails for any spurs needed. The developer of the proposed plat has designated a north/south road in order to tie in the property to the north. He stated immediately 1[40 east of this plat is the Detroit Edison sub-station and the developer has a road designated in order to be able to reach the Edison property. Immediately east of the Edison property is the Kroger Warehouse property. He stated that the lots on the north side of the proposed Asa Wilson Road appeared to be a little bit shallow. Mr. Berry explained that most of the industrial property in Livonia consisted of pencil type lots which created quite a problem for developing into lots for the small or middle size plants. This proposed plat was a beginning. It would be the first industrial subdivision platted in Livonia. There was quite a demand for the small lots which could have a 4,000 to 6,000 square foot plant. He stated one of the biggest advantages this subdivision had was that they proposed to extend the sewer line along Merriman Road so that it will be the only industrial property in the citythat Will have water, sewer and gas available. They also contemplate an over- pass by the railroad. Mr. Okerstrom asked what provisions have been made for a road between the railroad right-of-way and the southern boundary of the proposed plat? Mr. Berry stated this plat had been discussed with the C & 0 Railway Company and no mention was made by them for such a road. He stated that the lots were platted into 100 ft. widths because it was felt they would be easier to sell if this was done. He continued by stating that they propose, to sell the lots starting from Merriman road and going easterly. Mr. Walker stated that there weren't any set yard requirements when it came to industrial subdivision development. Did the City want to require the yard require- 1:: ments established for the M-1 zone? Mr. McCullough stated he felt this was necessary and he understood that Mr. Berry is prepared to go to the Zoning Board of Appeals for a variance. • . 3431 if Mr. Okerstrom askedThe property owners immediately north of the proposed subdivision approve of the north/south road designated to go into their property? I: Mr. Grant, representative for Mr. Angelo DiPonio, owner of the property immediately north of the proposed subdivision, stated they would prefer not to have this road. Mr. Berry staked they can eliminate this road if so desired. , • Mr. Okerstrom questioned the road going ititb the laitet property? Mr. Berry stated at .the presents time the Edison.•property.island. iotked. The toad designated oh the plat is only an access road in order to allot,/ the Edison Cob4 any to to into their property. Under the original deed the owner had td glair d id/id to get into their property. Mr. Walker asked if there was anybody in the audience who wished to speak? Mr. Watson asked if the lots had sufficient room for adequate parking? Mr. McCullough stated that they are particularly small (those on the north side of the designated Asa Wilson Road) but that this has been discussed with the petitioner. Due to the size of the parcel and the fact that the owner is willing to develop it, the petitioner has asked for a variance in order to get started. Mr. Okerstrom stated that the city needs industrial business and needs all types of it but he questioned if it was advisable to put a small subdivision of this sort adjacent to a selected piece of industrial property along the railroad. Mr. McCullough I: stated that all this property is served by the railroad and that the railroad company has examined the plat and they are satisfied with the layout. Mr. Okerstrom asked where would the future spurs of the road go? Mr. McCullough answered that a spur could not be put in unless there ismore than one lot involved. Mr. Angevine felt that at one time there had been a master plan on the future plans for spurs to the railroad. Mr. McCullough asked if the Planning Commission would like some assurance from the railroad before making a decision? Mr. Berry felt that this problem could be worked out between the purchaser of the individual lot and the railroad. Mr. Walker stated that what worried him was the smallness of the plan. The Planning Board is faced with a plan that is below the minimum standards of the zoning ordinance and he felt it would start a precedent if the Cotcmiseion waives the 'minimum standards. He felt that the Planning Commission should think this out very clearly and determine where they want to go on the question of the minimum requirements of the industrial lots. He continued by stating if the Zoning Board of Appeals approves the variance, then the Planning Commission should consider lowering the standards. Mr. Berry suggested increasing the lots to 150 ft. wide. This could answer the problem of meeting the minimum standard requirements. If the lots are made too wide, the price of the land would prohibit the small industrial companies from being 1[440 able to purchase the land in order to build upon it. Mr. Anderson stated that he felt this vhould be taken under advisement in order to clarify these questions raised tonight. Mr. Walker stated this item would be taken under advisement for a study meeting the • 3432 following week. IL: Mr. McCullough: The next item on the agenda is a petition by the City Planning Commission to determine whether or not to amend Part VI of the Master Plan of the City of Livonia, known as the "Master Fire Station Plan" by deleting certain property in the area of Newburgh and Five Mile Road in the Southeast 1/4 of Section 18 and designating a new site in the Southwest 1/4 of Section 17. It was determined that this had been forwarded to the City Planning Commission by the City Council requesting that a public hearing be held to determine whether or not to amend the Master Fire Station Plan by deleting certain property and designating other property in its place. Mr. Walker asked if there was anyone in the audience who wished to speak. Upon a motion duly made by Mr. Watson, supported by M . Okerstrom, it was #4-64-62 RESOLVED that, pursuant to the provisions of Section 6, 7 and 8 of Act 285, Public Acts of Michigan, 1931, as amended, the City Planning Commission of the City of Livonia, having duly held a public hearing on April 10, 1962 for the purpose of amending Part VI of the Master Plan of the City of Livonia, entitled, "Master Fire Station Plan", the same is hereby amended so as to delete the fire station site in the area of Newburgh and Five Mile Road in the Southeast 1/4 of Section 18 and designate the following described property for future public purposes: "The South 175 feet of the West 300 feet of the South 15 acres of the North 30 acres of theSouth 50 acres of the West 1/2 of the Southwest 1/4 of Section 17, except the North 30 feet thereof. . ." RESOLVED further, that having given proper notice of such hearing as required by said Act 285, as amended, the Planning Commission does hereby adopt said amendment as a part of Part VI of the Master Plan of the City of Livonia and reference is expressly made to the map containing descriptive and other matter intended by such Commission to form a part of such Master Plan and said described property is designated thereon; and RESOLVED further, that said deletion and designation is in the best interest of the City of Livonia, ; and this resolution shall be recorded on the said map which describes Part VI of the Master Plan by the identifying signatures of the Chairman and the Secretary of said Commission, and an attested copy of said amendment to Part VI shall be certified to the City Council,. City Clerk and the City Planning Commission; and to the Register of Deeds of the County of Wayne and the following certification shall appear thereon: "We certify that the foregoing resolution was duly adopted at a meeting of the City Planning Commission held on Tuesday, April 10, 1962 by the following vote: AYES: Samuels, Cameron, Greene, Angevine, Watson, Anderson, Okerstrom and Walker NAYS: None . 3433 Mr. Walker stated the motion is carried and the foregoing resolution is adopted. 11[: Upon a motion duly made by Mr. Angevine, supported by Mr. Watson, ,it was #4-65-62 RESOLVED that, the City Planning Commission does hereby adjourn the public hearing held on Tuesday, April 10, 1962 at approximately 9:05 p.m. A roll call vote on the foregoing resolution resulted in the following: AYES: Samuels, Cameron, Greene, Angevine, Watson, Anderson Okerstrom and Walker NAYS: None Mr. Walker stated the motion is carried and the foregoing resolution is adopted. Mr. Walker called the 142nd Special Meeting to order at approximately 9:06 p.m. with all those present now who were present at the time the public hearing was adjourned. Mr. McCullough: The next item on the agenda is Petition Z-542 by M. Sharpley who is asking that the zoning classification of property located on the west side of Middlebelt Road between Minton and Westfield in the Southeast 1/4 of Section 35 be rezoned from RUFB and R-2B to PS. Public Hearing 2/20/62; Special Meeting 3/6/62; Regular Meeting 3/20/62, under advisement. Mr. McCullough stated there were a number of people in the audience who had objected I:: to the petition at the public hearing and subsequent meetings. He also stated that the Library Commission has indicated that they are not in the position to purchase this site. Mr. Okerstrom stated that the Commission has asked that the petitioner dedicate that portion of Middlebelt that has not been dedicated. Mr. McCullough stated that the petitioner has indicated that this will be done. Mr. Walker asked the Commission if there was any further discussion on the matter? The question was asked if the amendment to the PS Ordinance requiring the developer of a funeral home to show that he can park a 25 car procession without using any City street, had been adopted as yet. Mr. McCullough stated that the Council has not acted upon this petition and that the previous petition with relation to a funeral home on the east side of Middlbelt Road was approved without this condition. Upon a motion duly made by Mr. Angevine, supported by Mr. Samuels, it was #4- -62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, February 20, 1962 on Petition Z-542 as submitted by M. Sharpley for a change of zoning in the Southeast 1/4 of Section 35 from RUFB and R-2B to PS, the City Planning Commission does hereby recommend to the City Council that Petition Z-542 be denied for the reason it was felt that the residential character I: of the area should be maintained at this time, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of January 31, 1962 and notice of the hearing was sent to The Detroit Edison Company, 3434 Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Company, 1r The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. Li Mr. Walker asked if there was any discussion on the motion? Mr. Okerstrom felt this was one time when the Planning Commission could rezone a parcel of land so that it would beautify the area. He did not feel it would be used for residential in the future. Mr. Greene asked if the Planning Commission wasn't being inconsistent denying this petition for the reason stated due to the fact that they had previously approved a similar request on the east side of Middlebelt Road. Mr. Angevine stated that the property on the east side of Middlebelt Road was all open - there were no residences on Middlebelt whereas on the west side, there were a number of duplexes. Mr. Greene felt that the Planning Commission may be questioned as to their reason for denying this petition. Mr. Walker asked the Secretary to take the roll call. The roll call vote resulted in the following: AYES: Samuels, Angevine NAYS: Cameron, Greene, Watson, Anderson, Okerstrom and Walker I:: Mr. Walker stated the motion was not carried therefore the resolution is not adopted. Upon a motion duly made by Mr. Watson, supported by Mr. Cameron, it was #4- -62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, February 20, 1962 on Petition Z-542 as submitted by M. Sharpley for a change of zoning in the Southeast 1/4 of Section 35 from RUFB and R-2B to PS, the City Planning Commissbn does hereby recommend to the City Council that Petition Z-542 be granted for the following reasons: (1) that the traffic volumes at this location exceed 22,000 autos per day, which is greater than is desirable for single family residential purposes; (2) that the proposed use is not inconsistent with the duplexes to the north and to the south or inconsistent with the PS zoning along the east side of MiddlebeltRoad; and subject, however, to the following conditions: (1) that all lights are to be reflected away from the surrounding residences; (2) that all curb cuts to be approved by the Wayne County Road 1: Commission and, in addition, a curb is to be installed along the driveway in front of the proposed building; (3) that this approval is subject to the full dedication of the 27 ft. right•of-way for Middlebelt not presently dedicated; and 3435 It was determined that the City Council would be apprised of Petition Z-539 which would require any funeral home to show that they could line up a twenty-five (25) car procession on their own land over and above the parking requirements. Mr. loMcCullough stated this will be forwarded along with the recommendation. There were several persons in the audience who objected to the proposed rezoning. Mr. Walker asked a show of hands of those who objected. There were approximately ten persons. Mrs. J. McIntosh presented a graph showing thoseitho have stated their objections. Mr. Watson stated in view of the amount of people in the audience objecting he felt he would like to withdraw his motion to approve. Mr. Angevine felt that anyone who is talking outside of the Commission members is out of order. Mr. Walker informed Mr. Watson he had a right to withdraw his motion to approve. Mr. Watson stated he believed he would withdraw his motion. Upon a motion duly made by Mr. Samuels, supported by Mr. Angevine, it was #4- -62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, February 20, 1962 on Petition Z-542 as submitted by M. Sharpley for a change of zoning in the Southeast 1/4 of Section 35 from RUFB and R-2B to PS, the City Planning Commission does hereby recommend to the City Council that Petition Z-542 be I:: denied for the reason it was felt that the residential character of the area should be maintained at this time, and Mr. Okerstrom stated that since the first motion for denial was defeated, he felt a motion to approve was in order. Mr. Samuels stated he would withdraw his motion to deny in order to accept any motion for approval. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Anderson, it was #4-66-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, February 20, 1962 on Petition Z-542 as submitted by M. Sharpley for a change of zoning in the Southeast 1/4 of Section 35 from RUFB and R-2B to PS, the City Planning Commission does hereby recommend to the City Council that Petition Z-542 be granted for the following reasons: (1) that the traffic volumes at this location exceed 22,000 autos per day, which is greater than is desirable for single family residential purposes; (2) that the proposed use is not inconsistent with the duplexes to the north and to the south or inconsistent with the PS zoning along the east side of Middlebelt Road; and 1[4. subject, however, to the following conditions: (1) that all lights are to be reflected away from the surrounding residences; (2) that all curb cuts to be approved by the Wayne County Road Commission and, in addition, a curb is to be installed along the driveway in front of the proposed building; 3436 (3) that this approval is subject to the full dedication of the 27 ft. right-of-way for Middlebelt not presently dedicated; and IL: FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of January 31, 1962 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. • It was determined that the City Council would be informed as to the petition mentioned previously which would require any funeral home to show that they could line up a twenty-five (25) car procession on their own land over and above the parking re- quirements. This petition was approved by the City Planning Commission and forwarded to the City Council for action. A roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Anderson, Okerstrom, and Walker NAYS: Samuels, Greene, Angevine and Watson Mr. Walker stated that the vote tesulted in a tie vote. He asked the Assistant City Attorney, Mr. Forrest, if this recommendation could be forwarded to the City Council with a tie vote. Mr. Forrest stated it was Permitted. Mr. Walker informed those present that the recommendation as presented would be forwarded to the City Council. Mr. Forrest stated that a tie vote was in effect a negative recommendation. I: Mr. McCullough: The next item on the agenda is Petition Z-548 by A. L. Karabelnick who is asking that the zoning classification of property located on the north side of St. Martins Street approximately 350 ft. west of Middlebelt Road in the Southeast 1/4 of Section 2 be rezoned from R-1B and RUFB to R-3. Public Hearing 3/20/62, under advisement. Mr. Okerstrom asked if the petitioner hadn't requested the petition to be withdrawn? Mr. McCullough answered the petitioner had called him and asked that the petition be postponed indefinitely. Mr. McCullough stated he suggested that the petitioner let the matter be settled one way or the other, instead of postpnning it. Upon a motion duly made by Mr. Angevine, supported by Mr. Watson, it was #4-67-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, March 20, 1962 on Petition Z-548 as submitted by A. K. Karabelnick for a change of zoning in the Southeast 1/4 of Section 2 from R-1B and RUFB to R-3, the City Planning Commission does hereby recommend to the City Council that Petition Z-548 be denied for the following reasons: (1) it constitutes spot zoning; (2) the property in question is completely surrounded by R-1 and the R-3 zone was intended to be used only as a transitional use, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of February 28, 1962 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 & petitioner as listed 3437 in the Proof of Service. A roll call vote resulted in the following: 1:: AYES: Samuels, Cameron, Greene, Angevine, Watson, Anderson, and Walker NAYS: None NOT VOTING: Okerstrom Mr. Walker stated the motion is carried and the foregoing resolution is adopted. Mr. Walker called a recess at approximately 9:30 p.m. * * * * * * Mr. Walker called the 142nd Special Meeting back to order at approximately 9:50 p.m. with all those members present now who were present at the time recess was called. Mr. McCullough: The next item on the agenda is Petition Z-549 by Conald Deremo for Otonas Vaitas, M.D. who is asking that the zoning classification on property located on the north side of Orange- lawn and west wide of Farmington Road in the Northeast 1/4 of Section 33 be rezoned from RUFB to PS. Public Hearing 3/20/62, taken under advisement. Mr. Donald Deremo was present. Mr. McCullough stated that at the last meeting the petitioner was asked if he would rj: amend his petition to request a rezoning for only the front half of that property fronting on Farmington Road. Mr. Deremo stated he was prepared to amend his petition to request the rezoning for only the frontage along Farmington Road to the depth of 313.5 feet or whatever is necessary so that the rear lot line of their property corresponds with the rear lot line of Lot 131a which is located immediately south of their property. Upon a motion duly made by Mr. Samuels, supported by Mr. Watson, it was #4-68-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, March 20, 1962 on Petition Z-549 as submitted by Donald Deremo for Otonas Vaitas, M.D. for a change of zoning in the Northeast 1/4 of Section 33 from RUFB to PS, the City Planning Commission does hereby recommend to the City Council that Petition Z-549 be granted, insofar as it relates to the easterly 313.5 ft. only of Lots 132, 133 and 134 of Supervisor's Livonia Plat #2, cf the original request, for the following reasons: (1) that it is immediately across the street from an existing professional use and a number of R-2 uses. FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of February 28, 1962, 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. 3438 A roll call vote on the foregoing resolution resulted in the following: AYES: Samuels, Greene, Angevine, Watson, Anderson, Okerstrom and Walker toNAYS: Cameron Mr. Walker stated the motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is Petition Z-544 by the City Planning Commission, pursuant to City Council's Res. #64-62 to determine whether or not to rezone property located on the east side of Middlebelt Road approximately 150 ft. north of Clarita in the Northwest 1/4 of Section 12 from RUFB to C-2. Public Hearing 3/6/62; Regular Meeting 3/20/o2, under advise- ment. Mr. McCullough explained that the owner of the property in question had offered the south half to the City for a future fire station site. He is requesting a re- zoning of the north half, to C-2, in order to build a restaurant upon it. Mr. Gus Davis, 18600 Middlebelt Road, owner of property in the area objected to the proposed fire station site although he did not object to the rezoning. Mr. Okerstrom asked if the petitioner would be willing to request a C-1 zone, not C-2? Mr. Gerges, owner of the property in the petition, stated he could not use a C-1 zone because he would have at least 18 or more persons working for him. Mr. Walker felt that the City Council had a right to go ahead with the fire station site without the Planning Commission recommendation on this rezoning. ri: Mr. Anderson concurred with Mr. Walker, stating the Planning Commission could act upon this as to the proper land use. Upon a motion duly made by Mr. Anderson, supported by Mr. Samuels, it was #4-69-62 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, March 6, 1962 on Petition Z-544 by the City Planning Commission, pursuant to City Council's Res. #64-62 for a change of zoning in the Northwest 1/4 of Section 12 from RUFB to C-2, the City Planning Commission does hereby recommend to the City Council that Petition Z-544 be denied for the following reasons: (1) that it constitutes spot zoning; and (2) it faces several houses along the west side of Middlebelt Road and will result in other land owners attempting to extend the commercial zoning southerly along Middlebelt Road; FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of February 14, 1962 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 as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: re AYES: Samuels, Cameron, Greene, Angevine, Watson, Anderson, Okerstrom and Walker NAYS: None Mr. Walker: The motion is carried and the foregoing resolution is adopted. 3439 Mr. McCullough: The next item on the agenda is a request from Clarence Charest dated March 30, 1962 to split Idyle Hills Subdivision IL intotwo parts to be known as Idyle Hills Subdivision and Idyle Hills Subdivision #2. This property is located on the north side of Five Mile Road approximately 1500 ft. West of Ashurst in the Southwest 1/4 of Section 16. Mr. Clarence Charest was present. Mr. Okerstrom felt that there should be deed restrictions on the final plat which would prohibit the owner to split any lot into anything smaller than what is given final approval. Mr. Charest stated he believed their private deed restrictions will state so but that he would enter into another deed restriction as a separate instrument if the Planning Commission requested it. Mr. McCullough stated that a suggestion had been made to include or make a stub at the north end of the plat in order to be able to get to the property to the north of this plat. Mr. Charest felt there was no need for this due to the ravine at that point, which would almost make it prohibitive. Upon a motion duly made by Mr. Anderson, supported by Mr. Cameron, and unanimously adopted, it was _. #4-70-62 RESOLVED that, pursuant to the 142nd Special Meeting held on Tuesday, April 10, 1962 and to a request dated March 30, 1962 from Clarence Charest with reference to splitting the previously approved Idyie Hills Subdivision located in the Southwest 1/4 of Section 16 into two (2) parts, the City Planning Commission does hereby grant said request and does hereby split Idyle Hills Subdivision into two (2) parts, said parts to be known as Idyle Hills Subdivision and Idyle Hills Subdivision #2, subject, however, to the developer recording deed restrictions at the time the final plat of each part is recorded to the effect that no lot will be diminished in size; and that all conditions prevailing on the original preliminary approval of Idyle Hills Subdivision, under Res. #4-102-59, will prevail on the two (2) parts. This constitutes an approval for splitting for bond purposes gurgetst does not constitute an approval for eliminating or moving of stub Mr. Walker: The motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Cameron, supported by Mr. Angevine and unanimously adopted, it was #4-71-62 RESOLVED that, pursuant to the 142nd Special Meeting held on Tuesday, April 10, 1962 and to a request from John Wivo dated March 22, 1962 for a one year extension on the approval of the preliminary plat of the College Gardens Subdivision located in the Southwest 1/4 of Section 9, the City Planning Commission does hereby grant said request, subject, however, to all conditions prevailing on the preliminary approval. Mr. Walker: The motion is carried and the foregoing resolution is adopted. • 3440 Mr. Gordon McCain, Secretary, representing the proposed Community Col.:ge stated they r would like to go on record that they were in the process of negotiating with the ILattorney for Mr. Wivo as to purchasing this property for a future community college. They had no objection to the extension of time. Mr. Walker requested the secretary to include Mr. McCain's statements in the minutes. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Anderson and unanimously adopted, it was #4-72-62 RESOLVED that, pursuant to the 142nd Special Meeting held on Tuesday, April 10, 1962 and to a request from Henry Koloff for a one year extension on the preliminary approval of the Sunnyside Estates Sub- division #3 located in the Southwest 1/4 of Section 21, the City Planning Commission does hereby grant said request, subject, however, to all conditions prevailing on the preliminary approval. Mr. Walker: The motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Angevine and unanimously adopted, it was #4-73-62 RESOLVED that, the City Planning Commission does hereby determine that the 138th Regular Meeting scheduled for Tuesday, April 17, 1962 will be held on Tuesday, April 24th, 1962. IEMr. Walker: The motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Watson, supported by Mr. Angevine and unanimously adopted, it was #4-74-62 RESOLVED that, the City Planning Commission does hereby approve the minutes for the meetings held on Tuesday, March 6, 1962 and March 20, 1962 except for that member who was not present, he abstain from voting. Mr. Walker: The motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Anderson and unanimously adopted, the City Planning Commission does hereby adjourn the 142nd Special Meeting held on Tuesday, April 10, 1962 at approximately 10:35 p.m. CITY PLANNING COMMISSION (AJ, !i', ' r Aillibli W. E. Okerstrom, Secretary ATTESTED: dr I: 1r / • (?0, W ea--4-1 Charles W. Walker, Chairman