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HomeMy WebLinkAboutPLANNING MINUTES 1963-06-04 3750 . MINUTES OF THE 164TH SPECIAL MEETING IIAND A PUBLIC HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA 1 On Tuesday, June 4, 1963 the City Planning Commission of the City of Livonia held the 164th Special Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Edward Milligan, Vice-Chairman, called the 164th Special Meeting to order at approximately 8:15 p.m. , in the absence of Mr. Charles Walker. Members present: R. L. Angevine, Edward Milligan, James Cameron, Dennis Anderson and Dr. Daniel Allen Members absent : **Milton Ingold, Charles ./. Walker and W. E. Okerstrom Mr. David R. McCullough, City Planner, was present along with approximately 50 interested persons in the audience. Mr. McCullough announced the first item on the agenda is Petition M-268 by Lola O'Connor requesting the approval to erect a gasoline service station on the Southwest corner of Six Mile Road and Inkster Road in the Northeast 1/4 of Section 13. Public Hearing 2/19/63, item taken under advisement. Mr. Irwin, representative from the Shell Oil Company was present. Mr. McCullough submitted a letter dated June 4, 1963 from the Department of Law stating that it was their opinion that the driveway located at the south end of the property and presently zoned C-1, did not have to be rezoned to C-2. This driveway. . was to be used jointly by the gas station and the proposed shopping center to be located on property south of the gas station. Upon a motion duly made by Mr. Angevine, supported by Dr. Allen, it was #6-95-63 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, February 19, 1963 the City Planning Commission does hereby grant Petition M-268 by Lola O'Connor requesting approval to erect a gas station on the southwest corner of Six Mile Road and Inkster Road in the Northeast 1/4 of Section 13, for the reason that it complies with all requirements of Ordinance #328, and provided that #4 in the letter from the Department of Law is complied with, and further, that this approval shall not constitute a waiver of the requirements of the next to the last sentence of Section 11.02 (o) sub-section (4); 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. Milton Ingold arrived at 8:20 p.m. Mr. Milligan explained the motion of approval to Mr. Ingold and the letter frim the City Attorney. 14, A roll call vote on the foregoing resolution resulted in the following: AYES: Allen, Ingold, Anderson and Angevine NAYS: Cameron and Milligan Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda is Petition Z-594 by the City Planning Commission to determine whether or not to rezone . 3 751 certain property located north of Seven Mile Road between Merriman and Hubbard in the Southeast 1/4 of Section 3 from RUFB and RUFA to R-1A. Public Hearing 5/14/63, item taken under advisement. This will require an amendment to delete the areas on Seven Mile Road which cause some conflict with existing setbacks. Mr. McCullough stated that the City Engineer had stated previously that some back fill would be needed for some of lots in the flood plain but they would be like those lots on the ravine in the Burton Hollow Estates Subdivision. Mr. Angevine stated this does not come under the problem of rezoning. Mr. Ingold stated he appreciated this but the Commission has denied others the right to fill flood plains until certain photographs were taken. He stated he has discussed this with people in this area and they informed him that this area floods up quite high in the Spring. He wondered how could the Planning Commission approve this in this case after denying others. Mr. MCCullough stated th. '.• when the plat comes before the Planning Commission for preliminary approval, the Commission can then make a decision pertaining to these lots. Mr. Milligan declared that because of the established setbacks in the area made previously, a motion would be in order to delete from the petition those lots that cannot conform to the established setback. There was a brief discussion as to whether or not Lot 245 should be deleted along with' Lot 272 and the south 375 feet of Parcels EE3a and EE3b. Mr. McCullough asked Mr. Emery Jacques, Attorney for Mr. & Mrs. J. Breitenback, owners of the lot immediately east of Lot 272, if his clients would be opposed to having Lot 245 remain in the rezoning petition? Mr. Jacques answered that that his clients were very concerned with Lot 272. He was cognizant of the situation but Mr. & Mrs. Breitenback were very serious about protecting the established setback. Upon a motion duly made by Mr. Ingold, supported by Mr. Anderson, it was #6-96-63 RESOLVED that, the City Planning Commission does hereby amend Petition Z-594 requesting a rezoning of certain property located north of Seven Mile Road between Merriman and Hubbard in the Southeast 1/4 of Section 3 from RUFB and RUFA to R-1A by deleting therefrom Lot 272 as well as the South 375 feet of Tax Parcels EE3a and EE3b because of a private agreement to maintain a setback along a certain diagonal, the agreement being among Rose Hill and the owners of Parcels DD1 through EE2. A roll call vote on the foregoing resolution resulted in the following: AYES: Allen, Ingold, Cameron, Anderson, Angevine and Milligan NAYS: None Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. II1 ` Upon a motion duly made by Mr. Ingold, and supported by Mr. Anderson, it was #6-97-63 RESOLVED that, pursuant to a Public Hearing having been held on • 3752 Tuesday, May 14, 1963 on Petition Z-594 by the City Planning Commission to determine whether or not to relone certain property in the Southeast-t 1/4 of -Section 3 from•RUFB and. RUFA to R--1A, -the City Planning Commission does hereby recommend to the City Council that Petition Z-594, as amended by- Resolution #6-96-63, be granted for_ the following. reason:. . . La) that the proposed rezoning con2o--ms with the zoning in the Spring Valley Subdivision which abutts :,est of the land in question, FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian-3ity _.-t, u--der date of April 24, 1963 and notice of which hearing -,Tan ent to The Detroit Edison Co. , Chesapeake & Ohio Railway Co. , Mi.ehi _i ell Telephone Co. , The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. A roll call vote on the foregoing reco'.ution resulted in the following: AYES: Allen, Ingold, Cameron, Anderson, Angevine and Milligan NAYS: None Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the z;;enda is Petition Z-59G by Morris Friedman who is requesting the rezoning of certain property located north of Schoolcraft Road between Gill and Barbara in the South half of Section 21 from IIMA to R-1A. Public Hearing 5/14/63, ite.a taken under advisement; study meeting 5/21/63. Mr. Morris Friedman was present. Mr. McCullough stated that because of the proposed park site, there will be the same amount of lots in this subdivision as there would be if it was platted into 70 foot lots instead of 60 foot lots. H_e asked Mt. Friedman if the City in any way has forced him to donate the park site he is planning cn donating? Mr. Friedman that the donating of the park site was ail voluntety on his rart. Mr. Milligan asked if the adjacent land is largely developed in 60 foot lots? Mr. McCullough answered it was. Mr. Angevine brought out the point that if this land is rezoned to R-lA, would it mean that the remaining unplatted property would have to be rezoned for R-1A also? Mr. Friedman stated that he owned an additional ten acres facing Stark Road which he is willing to plat into 70 foot lots. He said that the original plat approved for this property was for 60 foot lots but for some reason no extension was asked for. Upon a motion duly made by Mr. Angevine, supported by Mr. Cameron and unanimously adopted, it was #6-98-63 RESOLVED that, the City Planning Commission does hereby amend Petition Z-596 by Morris Friedman requesting the recen .nn of certain property located north of Schoolcraft Road between Gill and Barbara in the South half of Section 21 from RMA to R-1A, by deleting therefrom tax parcels P1 and V. • 3753 Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Cameron, it was #6- -63 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, May 14, 1963 on Petition Z-596 by Morris Friedman for a change of zoning in the south half of Section 21 from RMA to R-1A, the City Planning Commission does hereby recommend to the City Council thatPetition Z-596 be granted for the following reasons: (a) 70 foot densities are retained after donation of the 5.6 acre park site and densities are what the City seeks to control and (b) it conforms to the existing surrounding platting; There was no support to Mr. Cameron's motion for approval. The motion died for lack of support. Upon a motion duly made by Mr. Angevine, supported by Mr. Ingold, it was #6-99-63 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, May 14, 1963 on Petition Z-596 by Morris Friedman for a change of zoning in the south half of Section 21 from RMA toR-1A, the City Planning Commission does hereby recommend to the City Council that Petition Z-596, as amended by Resolution #6-98-63, be denied for the following reasons: (a) that it is up to the Planning Commission to maintain the status of the area in which the subject land lies in; (b) that the City's policy is to restrict the number of new houses with the bigger lots and not to acquire park sites by diminishing minimum lot sizes; (c) that the 40 acre park site on Farmington Road should suffice the needs of this area; and FURTHER RESOLVED, notice of the :. above hearing was published in the Official newspaper, The Livonian-City Post under date of April 24, 1963 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Co. , The Consumers Power Co. , City Departments and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Allen, Ingold, Anderson, Angevine and Milligan NAYS: Cameron Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda is Petition M-284 by Edward LaBodie for Clark Oil & Refining Corporation seeking approval to erect a gasoline service station on property located on the east side of Middle belt Road between Roycroft and Rayburn approximately 910 feet north of Five Mile Road in IIthe Southwest 1/4 of Section 13. Public Hearing 5/14/63, item taken under advisement; study meeting 5/21/63. 4 i Mr. McCullough stated that the plans of the proposed gasoline station violated four or five points of the gasoline service station ordinance. Mr. LaBodie, who was present, stated he would like to have this taken under advisement until he could have 3754 the plans revised to conform with Ordinance #328. He had been under the impression that they had conformed to the ordinance, it was a misunderstanding on his part. Mr. Milligan declared this item was taken under advisement until a later date.- Mr. McCullough suggested that the next item referring to a revision of Meri-Lynn Farms Subdivision #8 located in the Southeast 1/4 of Section 22 be taken under advise- ment for the reason that no decision has been made by the School Board on said revision. Mr. Milligan declared that this item is taken under advisement. Upon a motion duly made by Mr. Cameron, supported by Mr. Anderson and unanimously adopted, it was #6-100-63 RESOLVED that, pursuant to a request dated May 23, 1963 from Nelson Dembs for a year's extension on the preliminary approval of the VIV Manor Subdivision located on both sides of Rayburn east of Middlebelt Road in the Southwest 1/4 of Section 13 , the City Planning Commission does hereby grant said request, subject, however, to all conditions prevailing on the priginal preliminary approval and also subject to:ac reviewing by the Engineering Department before the canvas back plats are submitted for final approval. Mr. Milligan declared the motion is carried and the fofegoing resolution is adopted. Mr. McCullough announced the next item on the agenda is a request for the releasing of a certain lot in the Joy Ann Subdivision located in the Southeast 1/4 of Section 32 as requested by S. Lederman. This is to be acted upon only if prior to the meeting Mr. Lederman has obtained consents from the Fire Chief and the Police Traffic Officer. Mr. S. Lederman was present. Mr. McCullough submitted a letter from Mr. Lederman in which Mr. Lederman states his reasons for releasing the lot for building. Mr. McCullough stated that no information has been received from the Traffic Commission but that the Fire Chief feels it is necessary to keep the existing turnaround. This was due to the large trucks they use. Mr. Anderson asked if there had been a time limit on the original approval? Mr. McCullough stated no but there is an element of fairness. Mr. Lederman has kept this lot open for several years. There is farm land adjacent to Mr. Lederman's subdivision but the owner of that farm land is reluctant to sell the land as one piece. He wants to sell it off without having to put the street through. Mr. Milligan suggested maybe it would be possible to obtain an easement from the farm land owner to use as a turnaround for the fire trucks. Mr. McCullough stated he would try this. Mr. Milligan stated this item would be taken under further advisement. IIMr. McCullough announced the next item on the agenda is a petition by the City Planning Commission on its own motion to determine whether Part I 4 of the Master Plan, the Master Thoroughfare Plan, of the City of Livonia should be amended so as to delete that portion of Henry Ruff Road located north of Orangelawn and South of Plymouth Road in the North half of Section 35. Public Hearing 2/5/63, item taken under advisement. 3755 - Mr. McCullough explained that this request to have Henry Ruff Road deleted had been from approximately thirty-five (35) home owners in the area. The owners of the 1[0 property do not object but the Planning Commission has received a strong objection from the Traffic Commission. Mr. McCullough stated there were a number of people present for this item, Mr. Angevine stated that soma time ago the Planning Commission had received traffic studies for 1970 and that after studying these studies he felt the Planning Commission should be most careful before deleting any secondary streets. He thought perhaps at some later date it may be done but not now. Upon a motion duly made by Mr. Angevine, supported by Dr. Allen, it was #6-101-63 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, February 5, 1963, pursuant to the provisions of Section 5.2998 of Michigan Statutes Annotated and in accordance with the provisions of the Public Acts of Michigan of 1931, as amended, on a petition to determine whether or not Part I of the Master Plan, that is, the Master Thoroughfare Plan, of the City of Livonia should be amended so as to delete that portion of Henry Ruff Road located north of Orangelawn and south of Plymouth Road in the North half of Section 35 from the Master=Thoroughfare Plan, the City Planning Commission does hereby recommend that said petition be denied because it wa.; ft: that in the future, whether it be five (5) or eight (8) years from now, thli.s. half mile road may become a very important factor trcffi_. control to the City, and .. .T.P.. ' . RS '1,721), that notice of the time and place of the public hearing was published in the official newspaper, The Livonian-City Post u der date of January 14, 1963 and that a notice by registered mail was sent to each public utility and 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 the Public Acts of Michigan, of 1931, as amended. Mr. McCullough stated there were approximately twenty-five persons in the audience who were interested in :.his L etiti_on. Mr. Milligan aaked that one spokesman be chosen to speak for the twenty-five people. Mr. John Slater, 9790 Henry Ruff Road, stated they were totally unprepared to speak on traffic figures. _hey had received nothing from the Traffic Commission although he had had a private conversation with Sgt. Thorne of the Police Department. He stated there wer•. ttir .e schools in the area and they felt their children would be in constant peril fro:n traffic coming from Plymouth Road. This was their greatest concern. Mr. Milligan T ead :ho Traffic Commission's rc icrt .and the one received from Sgt. Thorne of thePoliaa repartment to those present. Mr. Slater stated c:.c objection was that this area would get the traffic from the Terrace Theatre ".ocated on :.lvaa.uth Road. Dr. Alien sta:.ed ii1.s cu ac; _. was what would happen in the event Henry Ruff was deleted at this time and five years from now the City had a tremendous traffic problem and because of the ancu st of traffic all of the other smaller residential streets were burdened with t'_.:: flow of traffic that should be on a secondary street. 3 756 Mr. McCullough informed the people in the audience that it may be anywhere from ten to fifteen years before Henry Ruff would be cut through to Plymouth Road. A roll call vote on Res. #6-101-63 resulted in the following: AYES: Allen, Ingold, Cameron, Anderson, Angevine and Milligan NAYS: None Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was a request for reconsideration of decision relative to correct location of commercial line on the south side of Five Mile Road between Garden and Haller in the Northwest 1/4 of Section 24 by William J. Szlinis for Suburban Rent It. Mr. McCullough informed the Commission and audience that the attorney, Mr. Szlinis has asked that his letter be read requesting the rehearing. This matter had been before the Planning Commission just recently at which time it had been determined that this area was zoned for residential and not commercial as the petitioner had claimed. Mr. William J. Szlinis, stated that the City Attorney, Mr. Charles Pinto, had in- forred him that any appeal would have to go to a circuit court, but he had felt that he would like to request anL-her rehearing before the Planning Commission. Mr. McCullough stated that at the time of the other hearing there had been only one official map of that time and that it had been the City Clerk's but that since that time the Commission has received a letter from Waring & Johnson, Planning Consultants, dated May 21, 1963, stating that this area was truly zoned residential. Waring & Johnson had been the consultants for the City of Livonia before and after 1950. They had also forwarded copies of the map of that time which indicated the property to be zoned residential. Mr. Szlinis referred to Section 3.06 of the Zoning Ordinance of the City of Livonia in which it stated that the Commission has the power to interpret the provisions of the ordinance in such a way as to carry out the intent and purpose of said map. He did not feel that the present zoning was the intent at the time the map was approved. He referred to an opinion written and forwarded to the Planning Commission by himself dated May 15, 1963. He stated that statements had been signed by J. Ziegler, J. Jahn, Floyd Hopkins and W. Abrahm as to the intant at that time. Mr. Milligan stated that the map of that time clearly delineates the C-2 zone and the map had been signed by J. Ziegler as Mayor of the City. Mr. Szlinis stated that the last map was not the one that had been printed in the paper at that time. The property was zoned C-2 as far back as 1945 and then the Planning Commission changed it to R-1B and at that time there was no charge for a change of zoning. Mx. Szlinis continued by stating if the owner requested a rezoning now it would cost quite a bit of money. Mr. Milligan stated that on this request for reconsideration, basically the new evidence that is before the Commission, other than a reiteration of the facts previously presented, appears to be a larger map which is a little more clearer than the original one. It appeared to him that the area is indicated as residential. He declared that the previous action taken by the Planning Comc1i ion was still valid. Mr. McCullough announced the next item on the agenda was approval of Minutes for Meetings held on April 30th and May 7th, 1963. 3757 It was pointed out that on page 3713, minutes for April 30th, the word "gold"which appeared in the eighth paragraph, should read, "golf". In addition on page 3715 in the eighth paragraph, it stated that certain persons were"owners of property". It was brought out that this was not true. On Page 3717 the word "bounded" in the eleventh paragraph should be "bound". On Page 3720, it was pointed out that the roll call had not been included. For the records, the following is the roll call for Res. #4-75-63: AYES: Allen, Ingold, Cameron and Angevine NAYS: Anderson, Okerstrom and Milligan Upon a motion duly made by Mr. Ingold, supported by Mr. Angevine, it was #6-102-63 RESOLVED that, the City Planning Commission does hereby approve the minutes for Meetings held on Tuesday, April 30 and May 7th, 1963, 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: Allen, Ingold Cameron, Anderson, Angevine and Milligan NAYS: None Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. Mci..ullot;h. rformed Mr. Milligan and the Commissionthat Mr. Walter Abraham is questioning the vote on the decision of the correct location of commercial line II: for the property on Five Mile and Garden:. in the Northwest 1/4 of Section 24. He has stated there is a conflict in the vote due to the fact that one of the commission members owns property on the north side of the street in the area. He felt that because this member's property had been vacant for some time his vote may have been scmewhat influenced. Mr. Milligan stated that the point of the conflict of interest should not be made until it was formally documented and presented to the commission. He stated Mr. Abraham was questioning the member's vote and he at that the member wit . uas not present at tonight's meeting, had :'1.d his vote based on the interpretation of the map available at tte meeting. Mr. Milligan continued by stating that he had voted the other way but at that time he did not have the benefit of the map presented tonight. He said he would have to change his vote now because of this new map. Mr. Milligan concluded by stating that the vote will stand as it is. Any conflict of interest will have to have legal action since Mr. Milligan has now changed his vote on the original interpretation. Upon a motion duly made by Mr. Ingold, supported by Dr. Allen and unanimously adopted, the City Planning Commission does hereby adjourn the 164th Special Meeting held on Tuesday, June 4, 1963 at approximately 9:45 p.m. Mr. Milligan called a teces.�. .et• this time. * * * * * * * * * Mr. Edward Milligan, Vice-Chairman, called the Public Hearing to order at approximately E!ll 10:00 p.m. with all members present who were present at the time the Special Meeting was adjourned. There were approximately thirty-five (35) interested persons in the audience. Mr. McCullough announced the next item on the agenda was a Petition Z-587 by Rocco 3758 Corsi requesting the rezoning of property located 100 ft. j north of Seven Mile Road and approximately 200 feet West of Angling Road in the Southeast 1/4 of Section 1 from RUFB to C-1. Mr. Corsi was present. He explained he needed this additional area for parking facilities. Tr. Milligan questioned whether or not a Parking Zoning classification could be asked for instead of commercial. Mr. Corsi stated that part of his building would be in the area also. He would prefer to leave the re.,uest for a C-1 zone. Mr. Milligan asked if there was anyone in the audience who wished to speak? Mrs. Ann C. Bradley, 19111 Angling stated she lived next door to the gas station and her back yard would be abutting the property to be rezoned. She stated her objection to the proposed rezoning. Mr. Boese, 19215 Angling wanted to know what the property would be used for after it is rezoned? lir. Corsi answered it would be a Pizza Restaurant, mostly carry out service. Mr. Deese asked if there would be some kind of a greenbelt? Mr. Milligan answered that a protective wall was required by ordinance. After a brief discussion Mr. Milligan declared that this item would be taken under advisement. No action would be taken at tonight's meeting. • nr. McCullough announced the next item on the agenda is Petition Z-593 by the City Planning Commission to determine whether or not to rezone certain property located on the north side of Seven Mile Road immediately west of Sunset in the Southwest 1/4 of Section 2 from 11-1A to RLA. At. McCullough stated that Mr. H. Claus, 18319 Inkster Road, owner of the west portion of the property in question objected to the proposed rezoning to 80 ft. lots. He preferred the 60 foot lots. He stated Mr. C. Simpson, owner of the property on the east side, did not seem to mind the 80 ft. frontage if he would be Allowed to have less than the required depth. Mr. Milligan asked if there was anyone in the audience who wished to speak? There oeingioe, he stated this item would be taken under advisement. Mr. McCullough announced the next item on the agenda is Petition Z-595 by Bruce F. Mac Donald requesting the rezoning of certain property located on the Northwest corner of Clarita and Brentwood in the Northwest 1/4 of Section 12 from RU to R-1A. Mr. Milligan asked if there was anyone in the audience who wished to speak? 1!: Mr. R. Hubel, 28490 Clarita, stated he owned property next to Mr. Mac Donald's and he had no objection to the proposed rezoning. It was determirnd that property immediately north of the property in question had been rezoned for smaller lots previously. Mr. MacDonald wished to rezone his property in order to build a house on the north 72 ft. of the parcel. Mr. Milligan declared the item would be taken under advisement. 3759 '` Mr. McCullough announced the next item on the agenda is Petition Z-597 by the City Planning Commission to determine whether or not to rezone certain property located on the south side of Seven Mile Road between Merriman and Hubbard Road (if Hubbard Road was cut through)in the Northeast 1/4 of Section 10 from RLA to RUFA Mr. Milligan asked if there was anyone in the audience who wished to speak? There being..none, Mr. Milligan declared that this item would be taken under advisement for study. Mr. McCullough announced the next item on the agenda is Petition Z-598 by Albert Newman requesting the rezoning of certain property located approximately 900 ft. north of Ann Arbor Trail on the West side of Bassett Drive (at the end of the cul-de-sac) in the Northwe: 1/4 of Section 31 from R-1B to RUFB. Mr. Albert Newman was present. He explained that his reason for requesting a RUFB zone was because he owned two horses and could not keep them under the R-1B zone. He said immediately north of his property was the Edward Hines Parkway. The western boundary of his property was the city limits of Livonia. Most of the lots in the subdivision consisted of at least half acre lots. He presented a petition signed by the surrounding property owners which stated they did not object to the rezoning. Mr. Milligan asked if there was anyone in the audience who wished to speak? There being rone, Mr. Milligan declared this item would be taken under advisement. 1110 Mr. McCullough announced the next item on the agenda is Petition Z=599 by L. Bennett Young requesting the rezoning of certain property located south of Plymouth Road along Henry Ruff Road (on the west side) if Henry Ruff Road was cut through and lying between the Wonderland Center property and the Devonshire Park Subdivision in the Northwest 1/4 of Section 35 from C-2 to R-3. Mr. McCullough explained to those present that earlier in the evening the Planning Commission had determined that Henry Ruff would not be deleted. Because of this the petitioner for Petition Z-599 has requested that his petition be withdrawn and would like to ask that the fee paid at the time the petition was filed, be returned to him. It was determined that his property was traversed by Henry Ruff. Upon a motion duly made by Mr. Anderson, supported by Mr. Cameron, it was to a Public Hearing held on Tuesday, June 4,1963 and #6-103-63 RESOLVED that, pursuant/to a request by L. Bennett Young, petitioner for Petition Z-599 requesting a rezoning from C-2 to R-3 in the Northwest 1/4 of Section 35, the City Planning Commission does hereby permit the petitioner to withdraw Petition Z-599, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian-City Post, under date of May 15, 1963, 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. Mr. Milligan asked if there was anyone int he audience who wished to speak? There being none, he requested the roll call on Resolution #6-103-63. The roll call resulted in the following: 3760 AYES: Allen, Cameron, Ingold, Anderson, Angevine and Milligan II: NAYS: None Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda is Petition Z-600 by the City Planning Commission to determine whether or not to amend Section 8.03 (d) of Article 3.00 RUF District Regulations, so as to prohibit "dog kennels' from being a permitted use in the RUF District; such change, if made, however, not to effect dog kennels in existence in RUF districts on the date such amendment becomes finally effective. Mr. Milligan asked if there was anyone in the audience who wished to speak? There being none, he declared this item would be taken under advisement. Mr. McCullough announced the next item on the agenda is Petition M-287 by Donald Twork seeking approval to build a Dairy queen type building on property located on the east side of Farmington Road approximately 200 feet south of Five Mile Road in the North- west 1/4 of Section 22. Mr. Tworkuas asked if the Planning Commission requested that his building be built with face brick due to it's proximity to the civic center, would he be willing to do so? He said he would agree to this. rMr. Milligan asked if there was anyone in the audience who wished to speak? Mr. Frank O'Neill, 15200 Westmore, objected to the proposed use. Mr. Twork was asked if he had talked with anyone from the church located next to the property he proposed to use. He stated they had talked with the pastor and they did not have any objection to this specific use. They had not indicated that they were thinking of purchasing the property for their own use. Mr. Milligan declared this item would be taken under advisement. Upon a motion duly made by Dr. Allen, supported by Mr. Angevine, it was #6-104-63 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on Tuesday, June 4, 1963 at approximately 10:35 p.m. A roll call vote on the foregoing resolution resulted in the following: AYES: Allen, Ingold, Cameron, Anderson, Angevine and Milligan NAYS: None Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Dr. Allen, supported by Mr. Ingold and unanimously adopted, it was #6-105-63 RESOLVED that, the City Planning Commission does hereby reopen the 164th Special Meeting with all those members present now who were present at the time the public hearing was adjourned. • 3761 Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. I: Upon a motion duly made by Mr. Cameron, supported by Mr. Ingold, it was #6-106-63 RESOLVED that, the City Planning Commission does hereby resolve that the 151st Regular Meeting scheduled for Tuesday, June 18th, 1963 be postponed to Tuesday, July 2nd, 1963. A roll call vote on the foregoing resolution resulted in the following: AYES: Allen, Ingold, Cameron, Anderson, Angevine and Milligan NAYS: None Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Angevine, supported by Dr. Allen and unanimously adQp,:ed, the City Planning Commission does hereby adjourn the 164th Special Meeting held on Tuesday, June 4, 1963 at approximately 10:40 p.m. CITY PLANNING COMMISSION Robert L. Angev /e, Secretary 1[4 ATTESTED: • a - • _ Edward Milligan, Vice- airman (Chairman p o-tem)