Loading...
HomeMy WebLinkAboutPLANNING MINUTES 1966-03-08 4702 MINUTES ,OF THE 218E SPECIAL MEETING f AND A PUBLIC HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, March 8, 1966 the City Planning Commission of the City of Livonia, held the 218th Special Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Charles W. Walker, Chairman, called the Public Hearing to order at approximately 8;30 p.m. with approximately 50 interested persons in the audience. Members Present: Charles W. Walker Myra Chandler John J. Ward Raymond W. Tent Donald Heusted Harry Wrightman Bob R. Whitehead Marvin Moser Members Absent: Donald Pollock Messrs. Don Hull, Planning Director, John J. Nagy, Assistant Planning Director; Harry Tatigian,Assistant City Attorney, were present. Mr. Wrightman announced the first item on the agenda is Petition 66-1-2-3 by Edward Geisler for Newburgh Swim Club, Inc. , requesting to be granted a waiver use permit to construct a club swimming pool on part of parcel 18D located on the west side of Newburgh Road, ILapproximately 1908.49 feet north of Five Mile Road. Mr. Raymond Moore, 15600 Huff, representing the petitioner and speaking for the New- burgh Swim Club, stated that the Newburgh Swim Club was formed last fall and havesufficie:.t members been acquired now to begin construction. Mr. Moore stated that the original area was as shown on the map on the easel, but through negotiations with the Planning Commission, John Nagy, Don Hull, and Mr. Edwards, and at the request of the people on the north side of Ladywood,the site has been moved about 300 feet north. This change, he stated, fits in with the plans of the Planning Commission, Mr. Edwarc:. and the members of the Swim club. He stated that the required number of signatures have been obtained on the petition for this new site. Mr. Hull stated that the area shaded in pink on this map is the area originally re- quested by the petitioner but some shift in the location of the pool was contemplatee. so it was advertised for an area considerably larger so any ebange in the site would be covered and all legal technicalities will be met. Mr. Nagy showed a plan that was submitted to the Planning Commission for consideratic showing the proposed site in detail. The new plan, Mr. Nagy explained, puts 500 feet between the pool and the residences where only 300 feet is required by ordinance. Mr. Walker stated that incorporation papers signed by the Michigan Corporation and Securities Commission, the names gathered by the petitioner of the a@sidents in the area, by-laws and rules and regulations, all of which are requirements of th ' Commission, are in the file. Mr. Tent questioned how soon construction will be started if the petition is approve , Mr. Moore replied that they expect to begin construction about the middle of April and be in operation early in July, depending upon the building trades and the time required for the approval from the City Council and Building Department. A final decision as to who the builder will be will be made next Monday. 4703 • Ht. Tent questioned if the entire plan will be developed or will it be done piece-meal. Mr. Moore stated that the pool, bathouse, fence and parking lot will be built first; the tennis courts and other facilities will probably be put in next year. Mr. Tent questioned how many families will comprise the membership. Mr. Moore replied, 300. Mr. Tent requested to know the estimated value of this entire project. Mr. Moore advised the estimated value to be approximately $150,000 to $160,000. Mr. Weightman questioned if parking facilities are adequate and in accordance with the ordinance. Mr. Moore stated, yes, 33-1/3 parking facilities for this membership is required and has been met. Mr. Weightman questioned if the membership is increased is there enough land to in- crease the parking facilities. Mr. Moore replied, yes. Mr. Tent requested to know the membership fee of the Club. Mr. Moore stated, $400 up to March 1st. After March 1st an additional charge of $50.0 will be made for an initiation fee and perhaps an additional mortgage fee will be added later on. Mr. Ward questioned if a provision will be made for the residents of the future sub- division to share in the pool. Mr. Moore stated they hoped so but this will be up to Mr. Edwards and that member- ships will not be reserved for future residents unless somebody else reserves for them. Mr. Tent questioned how may members are there presently. Mr. Moore stated about 120. Mr. Whitehead questioned if construction would begin as soon as the petition is approved or would present money be held in escrow until such time as membership is filled. Mr. Moore stated that plans are to begin building as soon as possible and that past history indicated that after construction actually begins people are more willing to become members. An interested citizen questioned which site the swim club is requesting approval of. I Mr. Nagy advised that the site as shown is the one being considered for approval and the Commission may, if they so desire, alter the legal description to read 300 feet north of the north line of the Newbugh Heights Subdivision #2. Mr. Walker requested a show of hands of the people present who are interested in thi- petition. There were approximately 15. 4704 An interested citizen requested to know what the distance will be between the pool and the future homes to the north,and if the club could later place the pool at the southern boundary. Mr. Nagy stated that the ordinance requirement is 300 feet from existing homes. The distance will be less than that from the pool to the future homes on Myrna but people purchasing those homes will be aware of the pool and whether or not they choose to live that close will be their choice. Mr. Nagy stated that they may wish to move it south, but the plan indicates the pool in the same location as the original plan. Mr. Wrightman questioned how much flexibility was there regarding the pool. Mr. Nagy advised that it could be a possibility that they could move it down to within 20 feet of the south line of the pool site property. Mr. Moore indicated that there may be some adjustment in the pool and that it was put in the original location to maintain the 300 foot ordinance requirement. Mr. Walker stated that a vote would not be made until it was known how much flexibility was expected regarding the placement of the pool. Mr. Walker announced this item will be taken under advisment. Mr. Wrightman announced the next item on the agenda is Petition 66-2-1-2 by Charles G. Brown and Genevieve M. Brown requesting to rezone the southerly portion of parcel 32J from RUF to C-2 located approx- imately 360 feet south of Plymouth Road and approximately 656 feet east of Levan Road in Section 32. Mr. Brown, 36049 Plymouth Road, petitioner, stated that the reason for his request to rezone this property is that he is retired and since it is a hardship to keep up the taxes on the property he would like to sell it. He stated that if he can have the property rezoned he has a buyer who plans to erect a nice building. Mr. Walker questiondd if without the additional C-2 zoning the buyer could not use it for his business. Mr. Brown stated that he will not buy it if it is not all zoned C-2. Mr. Tent questioned if Mr. Brown owns all the C-2 property shown on the map. Mr, grown replied no, just the 360 feet in the front (parcel 32J) Mr. Tent questioned what type of business will be erected on the property. Mr. Brown stated that the man who is going to build here needs more room for the building and parking and that there is an idea that he might use it for a bar. Mr. Wrightman questioned if the buyer has a class C liquor license. Mr. Brown replied, yes. Mr. Wrightman questioned if the party interested in buying it is here tonight. Mr. Brown replied, no. . 4705 IL . . . Mr. Tent questioned why Mr. Brown didn't rezobe all the property in 1954 when he had the northerly portion rezoned Mr. Brown replied that at that time the P'lariniiig tcmmission allowed him to rezone only 300 feet, and in doing so he had to dedicate 60 feet from the center of the road. He further stated that he had a buyer at that time and the buyer actually only needed 300 feet but would have taken it all. Mr. Brown stated that he is now retired and finds it difficult to pay the taxes and has been trying to sell the property for five years. Mrs. Robert Huzzard, 35960 Leon, stated that before she purchased her house in 1956 she questioned what the zoning was and was told that it was residential and that two rows of homes and a street were going in and asked if they were wrong. Mr. Walker questioned how long this zoning has been residential. Mr. Brown stated it was RUF in 1937. Mr. Walker stated that the intent at that time was probably RUF but it was in the days of a township. Mr. Donald Duff, 35936 Leon, stated it was his understanding that Elmira would be cut through and another row of homes would go in behind his property. Mr. Donald Lieder, 35898 Leon, stated his objection to this rezoning because he felt there were enough bars in the area, and he had understood also that two rows of IL houses would be built. He stated he objected to commercial zoning and would prefer that the property be residential. Mr. Brown stated that property in the area has been zoned C-2 for the last six years. Mr. John Kuzma, 35973 Leon, stated his objection to this petition. • W. William Mc Intyre, 35996 Leon, stated that it should be considered that a bar would be across from a plant. i Mr. Stanley Lipa, 36008 Leon, and Mr. Robert Smith, 35840 Leon, stated their objections to the petition. General discussion was held on the process of rezoning and the use of the property. Mr. Ward questioned if the purchaser wished to use a class C liquor lic ense in relation to this property would he be required to come back before the Commission. Mr. Walker stated that that is correct. Mr. Robert Smith, 35840 Leon, stated that she would like to see the residential zoning remain directly behind the residences on Leon and that the people should be i given an opportunity to buy the property thereby maintaining it as residential. Mr. Walker announced this item will be taken under advisement. 11Mr. Weightman announced the next item on the agenda is Petition 66-1-3-1 by f' Rodney C. Kropf, attorney for Volk-Rovsek Building Company, 4f`4 requesting to vacate the southerly four feet of the twelve foot • ,. 4706 iii easement adjacent to the north line of Lot 96 of Golfview Meadows Subdivision #1. The easement to be vacated is located on the west side of Country Club Drive between Wood Drive and Southampton in Section 17. Mr. Rodney Kropf, representing the petitioner, stated that they wish the southerly 4 feet of the easement vacated because the home was built over a portion of this easement; that they are not requesting vacation of the area where the storm sewer is. Mt. Tent questioned if the builder had knowledge of this when he put up the house. Mr. Kropf stated he didn't think the builder would build it if he had. Mr. Tent requested to know then whose fault this is. Mr. Kropf replied that he .thought the builder was at fault, but there would be 20 or 30 people involved. Mr. Wrightman questioned why this vacation is necessary. Mr. Kropf stated it is necessary because the home is on this line. Mr. Hull stated that according to a letter dated March 2, 1966 from Mr. David Waring of Hubbell, Roth & Clark, Inc. , the actual centerline of the storm sewer is 7.5 feet south of the north property line. The entire easement is only 12 feet, and we will be vacating a portion of that easement that would be at the edge of and para- IL lleling the sanitary sewer. Mr. Kropf agreed that that is correct. Mr. Hull suggested that the Commission wait until we have received a letter from the Engineering Department regarding this. Mrs. Chandler questioned that if this is repeated throughout the subdivision could it cause a financial loss to the City. Mr. Hull stated he didn't think so but in this case the owner of the home is probably having a difficult time getting a clear title to it. Mr. Kropf stated that they could have less than 4 feet just outside the foundation of the house. Mr. Tatigian stated that they wouldn't really need all 4 feet and that it would be his recommendation that Mr. Kropf be requested to amend his petition and that the vacation be only to the extent necessary in case, at some future time, the City had to go in there. Mr. Walker announced this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 66-2-3-2 by IL the City Planning Commission requesting to vacate the alley 100 feet north of and parallel to Plymouth Road from Stark Road to the east line of the Walter Dann Subdivision in Section 28. Mr. Walker stated there is a letter in the file from the Detroit Edison Company, dated March 4, 1966, and from the Fire Department dated February 23, 1966, . • •• 4707 4 stating that there are no objections to the vacating of this alley, provided an easement is retained and no building built on the vacated property. Mr. Walter Miatak, 34224 Plymouth Road, stated that he objects to this vacation be- cause the alley is used by his trucks in relation to his business. Mr. Felix Cylk, 100 Rose, Plymouth, Michigan, stated his objections to the petition. General discussion was held regarding the purpose and need for this vacation. Mr. Hull stated that 100 foot lots on Plymouth Road are considered shallow lots. Mr. Walker stated that this has been done in this area along Plymouth Road by the Planning Commission. Mr. Hull stated that it would probably be more provident if these gentlemen would extend their ownership to include this alley but they could not build on the ease- ment even if the alley is vacated. Mr. Joseph Vanzo, 12066 Boston Post Road, stated that if this alley is vacated there would be a need for an alternative for ingress and egress to the 6 to 8 acres of vacant property north and east of it or would it be landlocked. Mr. Walker stated this item will be taken under advisement. Mr. Weightman announced the next item on the agenda is Petition 66-1-7-2 by City Planning Commission requesting to incorporate parcels 21M1c and 21M2b into the Master School and Park Plan, Part V of the Master Plan, located approximately 540 feet south of Five Mile Road and just north of Lyndon Avenue between Yale and Ellen Drive in section 21 (19 acres). Seragan Marderosian, 14287 Houghton, stated he is interested in the possible uses of this land. Mr. Hull stated that this land is essentially going to be acquired for drainage purposes by the City and the Drain Commission and a storm sewer constructed. The entire area can be purchased for very little difference in cost and put to park and recreation uses and drainage purposes. Mr. Lipkowski, 14711 Ellen Drive, requested to know what this land is presently zoned and what type of park would this be. Mr. Hull stated that the property is zoned R-2 but he could not commit the City at this time regarding the type of park that would be created except that it would be; for recreation purposes. Mr. Tatigian advised that money is now available for this type of venture from the Federal Government and that we would receive 509'. of the acquisition cost without it purchase might not be possible. If the City acquires the property with federal participation it would be obligated to maintain it as open space, and structures could not be placed on it that would tangibly change the appearance of the area with- out paying the federal government or obtaining a waiver from them. Favorable consideration has been received from the Council and the Parks & jecreation Commission and now all that remains is Planning Commission action in designating this land as part of the parks & recreation plan. . I 4708 14 Mr. Walker stated that this item will be taken under advisement. Mr, Wrightman announced the next item on the agenda is Petition 77-1-7-3 by the City Planning Commission requesting to amend Subsection (p) of Section 9,01 of Article IX of the Subdivision Rules and Regulations regarding cul-de-sacs. Mr. Hull stated the Subdivision Rules and Regulations spell out the standards for subdivision development within the City and this is a slight modification which will make it a little easier to encourage low density development. There being no one present wishing to be heard regarding this petition, W. Walker, Chairman, announced this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 66-2-6-4 by the City Planning Commission, pursuant to Council Resolution #1182-65, requesting to amend Ordinance No. 543 (Zoning Ordinance) by repealing Section 10.07 and 11.08 (front yards for commercial buildings.) Mr. Hull stated that the Commission should consider this item very thoroughly before taking action and that it is a step in the right direction and will create a better type of development in the future but that numerous parcels of land in this City will be rendered unuseable because of their shallow depth. There being no one present wishing to be heard regarding this petition, Mr. Walker, announced this item will be taken under advisement. I Upon a motion duly made by Mr. Tent, seconded by Mr. Ward, and unanimously adopted, it was #3-38-66 RESOLVED that the City Planning Commission does her eby adjourn the public hearing held on Tuesday, March 8, 1966, at approximately I10:20 p.m. * * * Mr. Walker, Chairman, called the 218th Special Meeting to order at approximately 10:45 p.m. with approximately the same number of persons in the audience. Mr. Wrightman announced the first item on the agenda is Petition 66-1-2-3 by Edward Geisler for Newburgh Swim Club, Inc. , requesting to be granted a waiver use permit to construct a club swimming pool on part of parcel 18D located on the west side of Newburgh Road, approximately 1908.49 feet north of Five Mile Road. Upon a motion duly made by Mr. Whitehead and seconded by Mr. Ward, it was #3-39-66 RESOLVED that, pursuant to a Public Hearing having been held on March 8, 1966 on Petition 66-1-2-3 as submitted by Edward Geisler for Newburgh Swim Club, Inc. , requesting to be granted a waiver use permit to construct a club swimming pool on part of parcel 18D located on the west side of Newburgh Road, approximately 1908.49 feet north of Five Mile Road, the City Planning Commission does hereby recommend to the City Council that Petition 66-1-2-3 be granted provided that: 4709 I, The Newburgh Swim Club, Inc. , locate their swimming pool site on the west side of Newburgh Road 300 feet north of the north line of Newburgh Heights Subdivisitstt #2; and FURTHER provided that the swimming pool (water's edge) be lotafed at least 100 feet north of the south line of the propobed swimming pool site; for the following reasons: (1) This is a desirable community facility and should be encouraged. (2) It will not be detrimental to the existing development and is compatible with the overall development plans for the area. IT IS FURTHER RESOLVED that notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Depart- ments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Ward, Heusted, Whitehead, Chandler, Tent, Walker, Wrightman NAYS: None ABSENT: Pollock ti Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted: Mr. Wrightman announced that the next item on the agenda is Petition 66-2-1-2 by Charles G. Brown and Genevieve M. Brown requesting to rezone the southerly portion of parcel 32J from RUF to C-2 located approximately 360 feet souhh of Plymouth Road and approximately 656 feet east of Levan Road in Section 32. Mr. Walker advised the Commission that Mr. Harper Cunningham has requested that he be given the opportunity to check with his architect to determine how much land he needs for this purpose and that this item will be taken under advisement until such time. Mr. Wrightman announced that the next item on the agenda is Petition 66-1-3-1 by Rodney C. Kropf, attorney for Volk-. Rovsek Building Company, request- ing to vacate the southerly four feet of the twelve foot easement adjacent to the north line of Lot 96 of Golfview Meadows Subdivision #1. The easement to be vacated is located on the west side of Country Club Drive between Wood Drive and Southampton in Section 17. Mr. Walker announced that this item will be taken under advisement and referred lac-- to the Engineering Department because of the letter dated March 2, 1966 submitted by Hubbell, Roth & Clark, Inc. , and until information is received from the Engineering Department regarding the necessary amount of footage required� i Mr. Wrightman announced that the next item on the agenda is Petition 66-2-3-2 by the City Planning Commission requesting to vacate the alley 100 r feet north of and parallel to Plymoptt Road from Stark Road t:: i the east line of the Walter Dong Subdivision in Section 28. 4710 Mr. Walker announced that this item will be taken under advisement and encouraged the property owners to work out a mutual agreement. Mr. Weightman announced the next item on the agenda is Petition 66-1-7-2 by the City Planning Commission requesting to incorporate parcels 21M1c and 21M2b into the Master School and Park Plan, Part V of the Master Plan, located approximately 540 feet south of Five Mile Road and just north of Lyndon Avenue between Yale and Ellen Drive in Section 21 (19 acres). Upon a motion duly made by Mr. Ward and seconded by Mr. Moser, it was #3-40-66 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931 as amended, the City Planning Commission of the City of Livonia having duly held a Public Hearing on March 8, 1966 for the purpose of amending Part V of the Master Plan of the City of Livonia, entitled "Master School & Park Plan" the same is hereby amended so as to include parcels 21M1c and 21M2b located approximately 540 feet south of Five Mile Road and just north of Lyndon Avenue between Yale and Ellen Drive in Section 21 (19 acres), as a park site for the following reasons: (1) There is a need for this type of facility in this area. a (2) Preservation of this land for open space and drainage purposes is its highest and best use. AND, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931 as amended, the City Planning Commission does hereby adopt said amendment as part of the Master School and Park Plan of the City of Livonia, which is incorporated herein by reference, the same having been adopted by resolution of the City Planning Commission, with all amendments thereto, and further that this amendment shall be filed with the City Council, City Clerk and the City Planning Commission; and a copy shall also be forwarded to the Register of Deeds for the County of Wayne with the following certification contained thereon: "We certify that the foregoing resolution was duly adopted at a meeting of the City Planning Commission on Tuesday, March 8, 1966 by the following vote: AYES: Tent, Weightman, Moser, Walker, Ward, Heusted, Whitehead, Chandler NAYS: None ABSENT: Pollock Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. 1[0: Mr. Wrightman announced the next item on the agenda is Petition 66-1-7-3 by the City Planning Commission requesting to amend Subsection (o) of Section 9.01 of Article IX of the Subdivision Rules and Regulations regarding cul-d-sacs. Upon a motion duly made by Mr. Tent and seconded by Mr. Ward, it was 4711 #3-41-66 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931 as amended, the City Planning Commission of the City of Livonia having duly held a Public Hearing on March 8, 1966 for the purpose of amending Subsection (o) of Section 9.01. of Article IX of the Subdivision Rules and Reg- ulations, Part III of the Master Plan of the City of Livonia, to read as follots: (o) CUt-.Dg-SA .$t Cul-de-sacs, designed to be so permanently, shall not be longer than six hundred (600) feet in subdivisions having,a zoning classification of R-1 through R-4 (and preferably less) ehd shall not be longer than one thousand (1000) feet in subdivisions having a zoning classification of R-5 and RUF ( and preferably less), and shall be provided at the closed end with a turn-around having an outside diameter of at least one hundred twenty (120) feet. The right-of-way width of the strai ght position of the street shall be not less than sixty (60) feet in width, The property line at the intersection of the turn-around and the straight position of the street shall be rounded at a radius of not less than twenty (20) feet. for the following reasons: (1) It is a logical step toward helping to encourage lower density development. (2) There are not practical problems that will be caused by this change in. standards. AND, having given proper notice of such hearing as required by Act 285 of the Public Acts of Michigan, 1931 as amended, the City Planning Commission does hereby adopt said amendment as part of the Subdivision Rules and Regulations of the City of Livonia, which is incorporated herein by reference, the same having been adopted by resp lution of the City Planning Commission, with all amendments thereto, and further that this amendment shall be filed with the City Council City Clerk and the City Planning Commission' and a copy shall also be forwarded to the Register of Deeds for the County of Wayne with the following certification contained thereon: "We certify that the foregoing resolution was duly adopted at a meeting of the • City Planning Commission on Tuesday, March 8, 1966 by the following vote: AYES: Wrightman, Moser, Walker, Ward, Heusted, Whitehead, Chandler, Tent NAYS: None ABSENT: Pollock Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. 1[0: Mr. Wrightman announced the next item on the agenda is Petition 66-2-6-4 by the City Planning Commission, pursuant to Council Resolution #1182-65, requesting to amend Ordinance No. 543 (Zoning Ordinance) by repealing Section 10.07 and 11.08 (front yards for commercial buildings). 4712 Discussion was held regarding the vai.idity of Planning Commission decisions based on this pending amendment to the Zoning Ordinance. Mr. Tatigian stated that in 'considering a proposed waiver use based upon the amendment in question anticipating that the City Council would go along with this, there have been cases where this type of action on the part of a City Planning Commission has been looked upon favorably by courts. W. Tatigian added that this has a great deal of merit but it does not have to determine the decision of this Commission. Mr. Walker verbally requested Mr. Hull to request, in writing, an opinion regarding this matter from Mr. Tatigian, and announced that this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 65-8-1-24 by John 0. and Dorothy Schroder, requesting to rezone property located on the south side of Six Mile Road approximately 360 feet east of Newburgh Road in the Northwest 1/4 of Section 17 from R-3-B to C-2. Upon a motion duly made by Mrs. Chandler and seconded by Mr. Whitehead, it was #3-42-66 RESOLVED that, pursuant to a Public Hearing having been held on September 7, 1965 on Petition 65-8-1-24 as submitted by John 0. and Dorothy Schroder requesting to rezone property located on the south side of Six Mile Road approximately 360 feet east of Newburgh Road in the Northwest 1/4 of Section 17 from R-3-B to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 65-8-1-24 be approved provided that: (1) The petitioner comply with the overall site plan prepared by the Planning Department. (2) The petitioner reduce the area requested to be rezoned to comply with the site plan. The property to be rezoned is described as follows: A parcel of land being a part of the N.W. 1/4 of the N.W. 1/4 of Section 17, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, more particularly described as follows: Beginning at a point on the north line of Section 17, T. 1 S . , R. 9 E. said point being south 89° 35' 20" east 360.00 feet from the Northwest corner of said Section 17; thence south 89° 35' 20" east along the norti line of said Section 17, 307.05 feet to a point; thence south 0° 06' 15; west 663.85 feet to a point; thence North 89° 22' 20" west 665.10 feet to a point on the west line of said Section 17; thence north 0° 04' Wes:. along the west line of said Section 17 (centerline of Newburgh Road, 66 feet wide) 301.37 feet to a point; thence South 89° 35' 20" East 360.00 feet to a point; thence north 0° 04' East 360.00 feet to the point of beginning. and for the following reasons: (1) There is a need for this type of facility in this area. (2) This proposed zoning is consistent with the overall land use plan of the City. 4713 (3) This proposal is consistent with the recommendations of the Planning Commissions obefall commercial study. FURTHER RESOLVED that notice of the above public hearing was published in the official newspaper, the Livonian Observer and City Post, under date of August 18, 1965 and notice of such hearing was sent to the Detroit Edison Company, the Chesapeake & Ohio Railway Company, Consumers Power and Michigan Bell Telephone Company, City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Moser, Walker, Ward, Heusted, Whitehead, Chandler, Tent, Wrightman NAYS: None ABSENT: Pollock Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition 65-10-2-9 by Donald Lawrence Requesting to be granted a waiver use permit to erect a 43 bed addition to the present convalescent home, located on the northeast corner of Ann Arbor Trail and Stark Road on parcel 33cla, in Section 33. Mr. Knopf requested that this petition be removed from the agenda and that the Zoning Board has granted certain variances in relation to the requirement of the Ordinance. He stated that the original request was for 43 beds and, in fact, only 37 beds are involved. Mr. Walker questioned if Mr. Kropf could come back and present the Commission with a plan that would resemble the standards of the Zoning Ordinance. Mr. Kropf stated that the Zoning Board has granted variances in this case benefiting the City by the addition of tax base and the elimination of a fire trap. Mr. Walker stated that this petitioner is already not in accordance with the Ordinan:e and it is out unless he can assure the Commission that more property can be acquired. Upon a motion duly made by Mr. Ward and seconded by Mr. Wrightman, it was #3-43-66 RESOLVED that, pursuant to a Public Hearing having been held on November 30, 1965 on Petition 65-10-2-9 as submitted by Donald Lawrence requesting to be granted a waiver use permit to erect a 43 bed addition to the present convalescent home, located on the northeast corner of Ann Arbor Trail and Stark Road on parcel 33cla, in Section 33, the City Planning Commission does hereby recommend to the City Council that Petition 65-10-2-9 be denied for the following reasons: (1) It is a serious violation of the provisions of our Zoning Ordinance. 1[0: (2) The intensity of the proposed use for the site is too great and could cause serious problems. FURTHER RESOLVED, that notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. 4714 IL A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Ward, Heusted, Whitehead, Chandler, Tent, Wrightman, Moser NAYS: None ABSENT: Pollock.. - Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Wrightman announced the next item on the agenda is Petition M-11-65 by Carl Wagenschutz requesting approval to construct a commercial building on lot #306 located in the Northwest 1/4 of Section 22 and within 300 feet of property designated as Civic Center property. Mr. Kropf, representing Mr. Gotsis, stated that he accepts the concept with relation to the location of the building and parking layout. He stated that Mr. Wagenschutz feels that for his use this is set back too far but would agree to change the building setback as shown on the plan if there is uniformity on setbacks of the other buildings and Mr. Gotsis would not object to his building being pulled back. Mr. Hull stated that he feels this is very cooperative on the part of the petitioners. Mr. Wagenschutz stated he does not object if both buildings have the same i 11:: setback. Mr. Hull stated it will be a 65 foot setback. Mr. Tent questioned if this is approved does Mr. Wagenschutz intend to go to the Zoning Board of Appeals for a variance on this. Mr. Wagenschutz indicated that he would not go to the Zoning Board of Appeals and agrees to the 65 foot setback. Upon a motion duly made by Mrs., Chandler and seconded by Mr. Whitehead it was #3-44-66 RESOLVED that, pursuant to Section 18.47 of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, theCity Planning Commission does hereby approve Petition #M-11-65 as submitted by Carl Wagenschutz requesting approval to construct a commercial building on Lot 306 located in the northwest 1/4 of Section 22 and within 300 feet of property designated as Civic Center Property provided that: (1) a sixty-five (65) foot setback from the south right-of-way line of Five Mile Road is maintained; (2) architectural approval be obtained from the Planning Commission. A roll call vote on the foregoing resolution resulted in the following: AYES Heusted, Whitehead, Chandler, Tent, Wrightman, Moser, Walker NAYS : Ward ABSENT: Pollock 1E: Mr. Walker, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is Petition #M-1-66 by 4715 George Gotsis requesting approval to erect a restaurant on parcels Jla2b, Kla and I1 located in the Northwest 1/4 of Section 22 and within 300 feet of property designated as civic center property. Upon a motion duly made by Mr, Whitehead and seconded by Mr. Wrightman, it was #3-45-66 RESOLVED that, pursuant to Section 18.47 of Ordinance No.543, i-he. Zoning Ordinance of the City of Livonia, the City Planning Commission does hereby approve Petition #M-1-66 as submitted by George Gotsis requesting approval to erect a restaurant on parcel Jla2b, Kia and I1 located in deNorthwest 1/4 of Section ' 22 and within 300 feet of property designated as Civic Center property provided that: (1) a sixty-five (65) foot setback from the south r:ght-of-way line of F i'.-e Mile Road be maintained; (2) architectural approval be obtained from the Planning Commission. Mr. Wrightman questioned if Mr. Gotsis intended to erect a sign and if so will he conform to the type of sign designated for the area. Mr. Gotsis stated, yes, he will comply. A roll call vote on the foregoing resolution resulted in the following: AYES : Chandler,Tent,Wrightman,Moser,Walker,Heusted,Whitehead PAYS: Ward ABSENT: Pollock Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution is adopted. Mr. Ward stated that he felt it is unfortunate that 'tie City cannot find funds to purchase this property and that it seems incongruous that funds can be found to widen a highway adjacent t^ the civic center but not to purchase property adjacent to the civic center. Mr. Wrightman announced the next item on the agenda is a request dated February 11, 1966 from Rodney C. Kropf for final approval of Phillip Judson Gardens Subdivision. Mr. Walker sued that the financial obligations have not been taken care of so this item will be taken under advisement. Mr. Wrightman announced the next item on the agenda is a request da ted February 11, 1966 from Rodney C. Kropf for final approval of Renwick Park Subdivision. , Mr. Walker stated that the financial obligations have not been taken care of so this item will be taken under advisement, Upon a motion duly made by Mr. Wrightman and seconded by Mr, Tent, it was #3-45a-66 RESOLVED that the City Planning Commission does hereby approve the minutes of the meetings of January 5, 1966, January 11, 1966; and January 25, 1966. I 471( 104 A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Wrightman, Moser, Walker, Ward, Heusted, Whitehead Chandler NAYS: None ABSENT: Pollock Upon a motion duly made by Mr. Ward, seconded by Mr. Moser, and unanimously adopted, the City Planning Commission does hereby adjourn the 218th Special Meeting held on Tuesday, March 8, 1966, at approximately 11:30 p.m. CITY PLANNING COMMISSION 2g144 , Harry Wri tman, S tary ATTESTED: (:::: 14.) moi/, ale2 y0(0(,/ Charles W. Walker, Chairman to i