HomeMy WebLinkAboutPLANNING MINUTES 1968-08-27 • 539;
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MINUTES OF THE 247TH SPECIAL MEETING
AND A PUBLIC HEARING OF THE CITY PLANNING
COMMISSION OF THE CITY OF LIVONIA
On Tuesday, August 27, 1968, the City Planning Commission of the City of Livonia
held its 247th 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 approxi-
mately 8:30 p.m. with approximately 100 interested persons in the audience.
Members present: Charles W. Walker Raymond W. Tent Harry tlrightman
Donald Heusted Robert Colomina Marvin Miser
Members absent: None
Messrs. Don Hull, Planning Director; John J. Nagy, Assistant Planning Director,
Ralph Bakewell, Planner III; David Perry, Assistant City Attorney, were also
present.
Mr. Wrightman announced the first item on the agenda is Petition 68-6-1-19 by
Botsford Realty Company for Joseph and Nann Dudzik requesting to
rezone property located south of Norfolk between Farmington and
Shadyside in the Northwest 1/4 of Section 3, from R-3.4 to P.S.
Mr. William D. Cayo, Broker for Botsford Realty Company, 28266 Grand River,
Farmington, Michigan, was present representing the purchaser, Vincent 0. Roy,
tre and the sellers, Joseph and Nann Dudzik, and stated that the original use for
this property had been R-7 but a moratorium was declared and the use was dis-
allowed for an indefinite period of time. The use was then proposed to be
transferred to business.
Mr. Walker questioned what use the property will be put to.
Mr. Cayo stated that the proposed use if not for professional along the lines
of a doctor's or dentist's office, but rather for manufacturers' representatives
or a similar office use.
Mr. Tent questioned if the petition before the Board this evening is speculative
on the part of the people who Mr. Cayo represents or does he have an actual
client in mind that is willing to lease the building.
Mr. Cayo stated that the property has been purchased by Mr. Roy who is a
builder.
Mr. Tent questioned if he has tenants who will move in there or will he seek
tenants.
Mr. Cayo stated they wouldn't go along those lines until they had tenants
available.
Mr. Tent stated the reason for this questioning is that over 50% of the P.S.
zoned property is not occupied and that means that a man with a legitimate
business comes in with a use and the cost of the property is high.
Mr. Cayo stated that unless there is a definite client for a definite piece of
property he didn't see how you could have a firm commitment from a person.
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Mr. Tent stated that there was a petitioner who came before the Commission and
said they had doctors, etc. , for a particular site; then they were given the
zoning but it was never developed. Mr. Tent stated he has not heard anything or
seen anything yet and what he is looking for are some definite plans.
Mr. Cayo stated that according to the requirements as he understands them, this
is not required and that he has followed instructions which he believed were
acceptable to the Board, the Legal Department and Planning Department and had
this been a requirement he is sure he could have drawn up some preliminary plans.
Mr. Wrightman stated he believed that what Mr. Tent is trying to get at is not
that it is a requirement, but that before the Commission rezones property, in
the natural course of the procedure it is the petitioner's burden to prove that
he has a better zoning proposition to offer the City than what the particular
property is zoned at the present time and if Mr. Cayo does have a proposed
development for the P.S. category the Board would like to hear all about it so
they can form an opinion as to whether or not to take the proposal o-r leave it
at the R-3-A.
Mr. Cayo stated that he is not the developer, but merely the broker, and that
the original proposal was for multiple construction but at the time the alterL -
tion was made to the proposal it was quite indefinite as to whether multiple
would be allowed in the future. He stated that if the Board would like to
see some more definite plans, he is sure that can be arranged.
Mr. Howard Middlewood, 19936 Farmington Road, was present and stated he is
opposed to the petition because there is a large amount of professionaly zoned
and commercially zoned property in the City and that he does not feel this
kir` area is adapted for P.S. use at the present time. He stated there are a.
number of old homes in the area which have to be removed and this company had
one of them which they have sold to someone else but the City is trying to
get the building removed.
Mr. Cayo stated that the property on Middlebelt did involve his office but not
the prospective purchasers. He stated that multiples will increase the taxes
and rezoning is being considered in the area at the present time with multiples
facing Farmington with industrial to the rear and referred to difficulties in
obtaining mortgaging for multiple dwellings.
Mr. Tent stated that Mr. Cayo indicated that FHA or VA mortgages on multiples
are not possible on Farmington Road but questioned him regarding conventional
mortgages and stated that the biggest percentage of multiples in Livonia go
conventional.
Mr. Vincent Roy, 14374 Abington, Detroit, was present and stated that he is
the purchaser of the property and if granted this P.S. zoning, he would start
construction as immediately as he possibly could. He stated that he bought it
to actually involve himself not in a landholding deal but in the construction
and use of a building. He stated they would have liked to go multiple but now
believe it to be a good piece of property for a professional service, and that
they intend to have two separate buildings. He stated they also intend to use
the private right-of-way and it was through the planners that they drew their
outlets as they did. Mr. Roy stated that he wanted the Commission to know that
they will bring in their client as fast as construction plans can be drawn.
Mr. Tent questioned if Mr. Roy has an option on this property.
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Mr. Roy stated, no, they have bought: it and have closed the deal.
Mrs. Bertha Gould, 19915 Farmington Road, stated she is building a house on
Farmington Road and that she got the permit to build the house through the
ILY Planning Commission in April or May and they told her it would not be professional
for at least ten years. She stated she doesn't believe the area is ready for
professional use and why would they give her a permit to build a house if they
are going to turn it into professional.
Mr. Walker advised Mrs. Gould that she acquired her permit through the Building
Department and as long as she has a lot that is properly zoned she is able to
pick up a permit to build a home on it, but this gives her no guarantee as to
what her neighbors will do; they have the right to petition for a use which they
desire.
Mr. V. C. Reddy, stated he has property east of this on Shadyside and that he
wants no part of a veterinary clinic and requested to know what is permitted in
the P.S. zone.
Mr. Don Hull, Planning Director, read from the Ordinance the uses permitted in
this zoning category.
Mr. Reddy questioned what the back part of the property is to be used for.
Mr. Walker stated the plans show park.
Mr. Reddy viewed the plans which had been submitted by the petitioner.
kV' There was no one else present wishing to be heard regarding this item.
Mr. Walker, Chairman, stated the item will be taken under advisement.
Mr. [Jrightman announced the next item on the agenda is Petition 63-7-1-30 by
Ronald F. Huey, D.D.S. , requesting to rezone property located on
the southwest corner of Merriman and Six Mile Roads in the North-
east 1/4 of Section 15, from RUFC to P.S.
Mr. Walker stated that a letter had been received informing the Commission that
because an emergency had come up, he would not be present this evening. Mr.
Walker stated that the public hearing on this item will be held and questioned if
there was anyone in the audience wishing to be heard regarding it.
Mr. Irving Hotchkins, a resident stated that the Council rezoned this area
several years ago as strictly residential and that he does not want a profession-
al building here because it will lead to commercial in the future.
Mr. Walker advised that a map submitted to the Board shows that the building
would be 2,280 square feet, located 25' back from Merriman Road right-of-way
and 40' back from Six Mile, and separated from the residential to the east
and west with park.
Mr. M.R. Russell stated that he objects to this petition because of the fact
that Six Mile has extremely heavy traffic and he is concerned about additional
traffic.
Mr. Belin, stated that he felt it would be best to leave this property RUF and
not change it to P.S.
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Mr. Tent stated that he would like to compliment Mr. Belin on the church at
Six Mile and Merriman and the way it is situated on the lot.
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Mr. Belie state he believed it was at the suggestion of the Planning Commission
that the church was placed as it is.
Mr. Ed Berger, Byron-Trerice Realtors, stated that Dr. Huey's intentions are
to construct a small office building for his own use; a dental building to
serve the residents in the area and he is sure it will enhance the area. He
stated that by putting this type of attractive building on the corner it will
preclude any type of commercial zoning from going behind the property in the
years to come and he thinks this is what the residents want. He stated he felt
a man is not about to build a home on this corner so he feels RUF is not right
for this property. He stated P.S. zoning will preclude a use such as a gas
station.
Mr. Walker stated for the record that the Planning Board is proud of the fact
that they were able to protect this corner when they obtained the church con-
struction. He stated that at the present time we are working with a devbloper
that will come in with one-half acre lots on the northeast corner and we will
have a high-class development on the property. He stated that the Commission
is proud of the large lots and trees at this intersection and that the thing he
would be most afraid of would not be the fact of rezoning this one corner, but
the direction that the Commission would encourage whereby the neighbors would
want to change the zoning and rightfully he should have that right. A neighbor
should be able to get a high value out of his property. He stated he believed
this is a good corner for a real good home and that is what he wants to see on
that corner and he believes a man will some day build one.
There was no one else wishing to be heard regarding this item.
Mr. Walker stated the item will be taken under advisement.
Mr. Urightman announced the next item on the agenda is Petition 68-6-1-21 by
Bond, Pollick and ?Martell, Attorneys for J.J.Stone, requesting to
rezone property located on the northwest corner of Seven Mile Road
and Osmus in the East 1/2 of Section 3, from RUFB to P.S.
Mr. Pollick, Attorney for the petitioner, was present and stated that lot 245
is presently zoned RUF and it is his purpose to petition this body to change the
zoning to P.S. He stated that this property has been owned by Mr. Stone who has
sought to develop it several different ways and has never had a residential
inquiry for it, but there have been inquiries regarding office buildings or
businesses. He stated that according to a survey taken in May of 1968 on
traffic, he feels that to insist on residential zoning on this prpperty amounts
to a defamation of property as far as he is concerned. He stated that they
have had several responsible builders and citizen inquiries as to the availabil-
ity of the property for P.S.
Mr. Tent questioned why Mr. Pollick feels this property, which is right in a
residential neighborhood, is different. He stated that if Mr. Pollick heard
what had been told the previous petitioner for P.S. zoning, there is good P.S.
areas in the City that will eventually be developed, and questioned what makes
this piece more desirable.
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Mr. Pollick stated he is not saying that this is a more desirable spot than
other P.S. locations; all he can do is tell the Commission what he has been
told by a realtor who has had this property for a length of time.
Mr. Tent questioned if Mr. Pollick has a tenant for the building.
Mr. Pollick stated he has more than one.
Mr. Sherman Jerome, stated he lives in Spring Valley Subdivision and was hired
by Mr. Stone in the sale of the property which he has had for eight months.
He stated he has tried to sell it on a residential basis but has had offers for
professional type uses such as accounting, attorneys, medical, etc. He stated
that as of this date they have been unable to procure a sale of the property
for residential use.
Mr. Tent stated there is quite a bit of P.S. zoning in that area and as Mr.
Jerome can see by the Master Plan, we are progressing in that area with the
sewers coming and in order to give it a fair chance he doesn't believe it be-
hooves the Commission to make this decision at this time.
Mr. Jerome stated that he understands the church is going to build some time
this fall and that they have no objection to the P.S. zoning and he believes
this property is desirable for P.S. because quite frankly he believes Seven
Mile Road location would mean a lot to a professional office; it is easily
accessible and Seven Mile Road is not an ordinary residential street, it is a
well-traveled busy street.
Mr. Colomina questioned what Mr. Jerome would say the valuation of the property
would be changing it from RUF to P.S.
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Mr. Jerome stated that as residential he thought it has no value, and what its
value is at P.S. he would have to leave to the professionals.
Mr. Pollick stated he is not interested in making a profit on this. He stated
he lives in Spring Valley Subdivision and that particular area has been develop-
ed except for the back lots. Lot 245 being this size on Seven Mile does not
have the advantage of others in not being able to put the homes back on the
road.
Mr. Moser stated it is probably true that the property does not have particular
value but it becomes more and more valuable for residential purposes. If all
the land on Seven Mile were turned into P.S. , we would run out of land for
individual homes and people will be looking for this land for residential
property not too far in the future.
Mr. Wrightman stated that in regard to Mr. Pollick's philosophy of traffic on
mile roads, we have made several studies and he doesn't agree that thorough-
fares that are heavily traveled are not suited for homes and he would want to
leave the zoning as it is.
Mr. Stone stated they have obtained a petition containing signatures of 100
people in the area who do not object to this rezoning.
Mr. Walker stated that in looking at the petition very quickly he notes that it
is the first time he has seen a blanket approval of everything the petitioner
wants; they approve of the two P.S. zonings and the corner for a gas station
and other parcels for retail stores. Mr. Walker stated there is another
petition of people in the area who object to the petition and that the thing
5398
that attracts him is how they can be so mixed up that we have two different
petitions. He stated that a lot of the people most opposed to it are closest
to it and effected by it.
Mr. Pollick stated that he is sure the Commission is not inferring these are
not the signatures they are proposed to be; they are signatures of residents
i of Spring Valley Subdivision who signed of their own free will because they
were not opposed to the various zoning changes we are requesting.
Mr. Walker requested a show of hands of people in the audience who are opposed
to the petitioner.
There were thirty-five.
Mr. Walker requested a show of hands of people in the audience who are not
opposed to the petition.
Mr. Tent stated that actually you would have to look at the petition of the
people most effected; Spring Valley is a big subdivision and the petitioner
has picked signatures of people who live way on the other side and this is the
thing that would be of prime interest.
Mr. Emery Jacques, representing Jacob Breitenback, 31750 Seven Mile, stated
that when the City Planning Commission was concerned with the approval of
Spring Valley Subdivision a setback line was established to the agreement of
the Commission and residents to the east and west which was a diagrammatic
line of the existing homes on the east and west. Mr. Jacques read from the
minutes of the 76th Regular Meeting of the Planning Commission regarding this
agreement. Mr. Jacques stated that in 1961 the establishment of the synogog
came before the Commission and the minutes of that meeting reflect the recog-
nition, approval and adherence to the setback as originally agreed upon by the
property owners and the proprietor of the plat. In may of 1963 Mr. Jacques
stated the owners of the outlots decided to ask for a variance so that additional
lots could be put in and at that time established agreement was recognized
and the setback upheld. In ,Dune of 1963 the established setback was recognized
once more, this line being a line on the west and traveling in northeasterly
direction ending at the Breitenbach house. The agreement was made and was
valid in the past because the residents were concerned at the time of the plat
approval in 1957 that there should be residential development from lot 270 in a
southerly direction all the way to Seven Mile, and Mr. Jacques stated, that it
was valid then, it is valid today and that no building is to be erected on
Seven Mile Road except in accordance with the agreement which had been made in
the very beginning.
Mr. Urightman questioned if the agreement on the diagrammatic frontage line
makes it impossible to develop any lots facing Seven Mile Road.
Mr. Jacques stated there presently are lots occupied by the school.
Mr. Wrightman questioned if the agreement was made before the school was built
or after.
Mr. Jacques replied, before.
Mr. Wrightman asked if the school would be in violation.
Mr. Jacques stated yes, but as far as the school is concerned, it is not a
residence.
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Mrs. Breitenbach stated there was a protest made and the school was put back.
Mr. Wrightman questioned if it meets the agreement in its entirety.
Mrs. Breitenback stated that she was told there was nothing that could be done
about it because it is a school.
Mr. ?lrightman questioned if the builder agreed then that he was not going to
use these lots for anything.
Mr. Jacques stated he agreed to abide by the setback lines as established at the:
former public hearing and these buildings proposed tonight would be in violation
of these setback lines.
Mr. Wrightman questioned how the land is maintained at this time.
Mr. Jacques stated tha; land is vacant but apparently the weeds appear to be cut
Mr. Wrightman stated he is concerned that we have a piece of property that
someone must be paying taxes on and can't be used because of an agreement and
wonders who maintains the property to make it attractive and protecting the
homeowners as well.
Mr. Jacques stated he doesn't think the residents are as concerned about the
weeds as any construction in violation of the original agreement and if it is
true that it cannot be built upon he imagined the assessment on the property
ought to reflect that.
Mr. Walker questioned Mr. Pollick regarding the date of ownership.
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Mr. Pollick stated he (Mr. Stone) has had an interest in it for several years.
and has been paying the taxes on it.
Mr. Walker stated that the statements made by the previous gentlemen are true
because he was a member of this Board at that time and a setback was designate'
because that is what the people in the area wanted. He said that at the time
the owner was here and agreed that this was o.k. with him provided he had his
subdivision approved, which the Commission did, and the condition was agreed
upon by both parties. Mr. Walker stated he has to respect this because he
was a part of it, and questioned if Mr. Stone was aware of this at the time
he bought the property.
Mr. Pollick stated he does not know that but he does know he has been paying
taxes for a long time.
Mr. Fred Kellman, (lot 270) stated he objects to the petition because it will
detract from the character of the neighborhood. He stated he does not object
to the weeds somebody cuts them. Mr. Keliman said it was stated that this
area is not suitable for residential homes but there are homes on Seven Mile
Road which are very desirable and there is no commercial property along the
road.
Mr. Norman St. Aubin, a resident stated the developer made promises which
never materialized and that the people who signed the petition thought this
would be better than a gas station or something. He stated he is opposed
because he does not want any more traffic.
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Mr. t•Walker questioned if he would be agreeable to residential on the property
and requested a show of hands of people in the audience who were agreeable to
that.
There were twenty-two..
Mr. George Burmeister, 31670 West Seven Mile Road questioned if there is any
type of agreement on setback to the east of those lots as there is to the
west of them.
Mr. Walker stated, no.
Mr. Siegal, 19200 Auburndale, stated this is the entrance to a subdivision
which is today a beautiful subdivision and he compliments the Commission on
its decisions in the past because those decisions have been true and everybody
is proud of it.
A resident, 19176 Auburndale stated he opposes this rezoning because there is
sufficient P.S. property available and he prefers to keep it residential.
There was no one else wishing to be heard regarding this item.
Mr. Walker stated the item will be taken under advisement.
Mr. Urightman announced the next item on the agenda is Petition 68-6-1-22
by Bonk, Pollick, & Wartell, Attorneys for J. J. Stone, requesting
to rezone property located on the northeast corner of Seven Mile
Road and Osmus in the East 1/2 of Section 3, from RUFB to P.S.
Mr. Pollick, representing the petitioner, stated that he would not question
the accuracy of Mr. Jacque's notes, but he would question the legality of them.
He stated that because of the traffic situation on Seven Mile, this property
in their opinion is not suitable to residential building and it is respect-
fully requested that the zoning be changed to P.S.
Mrs. Gordon Grant, a resident stated her objections to the petition because
two streets, Fairfax and Auburndale open onto Seven Mile Road and the traffic
here is bad and also the residents are concerned because the children always
cross Osmus and Auburndale to go to school.
'.rightmanqucstioned if Mrs. Grant would be willing to have a home there.
Mrs. Grant stated, yes, a single home.
Mr. Jacques stated that when you are talking about construction, residential
or professional, it would violate the setback line, and he again voices the
same objection as before.
Mr. Moser questioned if Mrs. Breitenback is against a residential home going
in on either of these lots.
Mr. Jacques replied not on 272.
Mr. Moser stated he understands there is one going in on the rear and there will
not be enough left in the front to build another.
Mr. Jacques stated if any building would be in violation of the setback they
would object.
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Mr. Walker stated for the matter of record, the plans we have would be in
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violation of the diagrammatic line.
4 A resident. Lot 270, stated he is opposed.
Mr. Berman, 31700 West Seven Mile Road, stated he is opposed to the rezoning.
There was no one else wishing to be heard regarding this petition.
Mr. Walker stated the item will be taken under advisement.
Mr. Wrightman announced the next item on the agenda is Petition 68-6-1-23 by
Bonk, Pollick and Wartell, Attorneys for J. J. Stone, requesting
to rezone property located on the northwest corner of Seven Mile
Road and Merriman in the Southeast 1/4 of Section 3 from RUFB to
C-2.
Mr. Pollick stated that they propose to take approximately a 150' x 210'
piece of the northwest corner of this intersection and erect a gas station,
and to keep the property as residential would be a deprivation to the owners.
He stated that a gas station survey taken by the City of Livonia this year
and it was noted with some interest that all of the larger thoroughfares in
Livonia, Seven Mile has less stations than any other and from Five to Eight
Mile on Merriman there are no stations at all.
Mr. Tent stated that Mr. Pollick made an indication about the absence of
stations on Seven Mile Road and said that is because we got mad; we looked and
saw all the gas stations in Livonia and decided to do something about it
and that was to keep them out of the areas where we have an abundance. He
' stated that we have areas where stations have changed hands four or five times.
Mr. Pollick stated that he believes Seven Mile Road has seven stations. He
said you can go a mile all the way around this intersection without a gas
station being present. Mr. Pollick informed the Commission that the people
from Boron Oil Company are present tonight for discussion.
Mr. Walker stated that since the question here is zoning the Commission would
not want to meet with the oil people tonight.
Mr. Ernest Pritchard, 19012 Merriman, stated that several months ago there
was a question of a rezoning on the southeast corner and the Commission re-
jected it and after that a petition was made up of signatures of 58 neighbors
from Seven Mile all the way down to Curtis in protest of any change of zoning
on that particular corner. The petitioner, at that time, amended his petition
to P.S. but that was turned down also and the rezoning of the other corner
was turned down by the Council. Mr. Pritchard stated they are very concerned
because there are property owners on one side of Seven Mile just waiting for
something to happen on the other side. He stated there are fourteen gas
stations in that area from Grand River; six or seven professional buildings
and they believe this area should be kept as it is.
Mr. Jacques, representing Mrs. Breitenbach, stated that this rezoning request
IL in his judgment, is a request for a spot zoning in the truest sense of the
word. He stated that he is certain the Planning Commission and Council spent
a good deal of time and funds in having a master plan developed and adopted
and that this rezoning would be in opposition to the plan as adopted and be-
lieves it should be denied.
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Mr. Burmeister, a resident stated that while Seven Mile is a heavily traveled
road, he would like to point out that within about a two-mile area there have
been a minimum of three stations •which have gone out of business and it
perturbs him that oil companies open stations on one corner and close them on
another corner.
Mrs. Virginia Seacot, 31540 West Seven Mile, questioned what would happen to
her property which totals about 5-1/2 acres to the north of this site if there
is a station erected here.
Mr. Wrightman questioned if Mr. Stone owns all of this property, does he just
want to develop this one corner of it.
Mr. Pollick stated, no, there is another petition on the agenda where he is
requesting that the balance be developed as C-1.
Mr. Tent questioned if he has purchased that property within the last two or
three years and with all the agreements made on the property when he bought
it he should have checked into instead of just going ahead and putting this
in when he realized that there had been agreements made. Mr. Tent stated fur:.'
ther that if he bought it just recently and was not made aware of these facts
the seller may be in trouble.
Mr. Walker questioned what type of work Mr. Stone is in.
Mr. Pollick stated he is comptroller and has had quite a bit of experience in
land developing.
Mrs. Rose Aurie, (lot DD4) stated they had an offer from a firm that said they
would use our lot for a parking lot and wanted to put up apartments.
Mr. Walker questioned if Mr. Pollick had stated that Mr. Stone owns the
property.
Mr. Pollick stated, yes.
There was no one else present wishing to be heard regarding this item.
Mr. Walker stated the item will be taken under advisement.
Mr. Wrightman announced the next item on the agenda is Petition 68-6-1-24 by
Bonk, Pollick and Wartell, Attorneys for J. J. Stone, requesting
to rezone property located on the north side of Seven Mile Road,
West of Merriman Road, in the Southeast 1/4 of Section 3, from
BUFB & R-1 to C-1.
Mr. Pollick explained that his is the balance of the parcel just looked at
and they are requesting C-1 and have prepared and attached to their petition
a proposed site plan of the development.
For the benefit of people in the audience who were not familiar with uses
allowed in zoning categories, Mr. Walker explained the commercial categories
and the reasons for a waiver use approval of some C-2 uses.
Mr. Berman, a resident, questioned if this goes commercial will it establish
precedent for all along Seven Mile Road.
Mr. Walker stated that is a difficult question to which he doesn't have an
answer.
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Mr. Walker familiarized the audience with the site plan submitted by the
petitioner.
There was no one else present wishing to be heard regarding this item.
Mr. Walker stated the item will be taken under advisement.
Mr. Wrightman announced the next item on the agenda is Petition 68-7-2-13 by
Chick-N-Joy Systems, Inc. , requesting to be granted a waiver use
permit to build a carry-out restaurant on a portion of parcel Cld2
located on the south side of Plymouth Road between Milburn and
Middlebelt in the Northwest 1/4 of Section 35.
Mr. T•tinney, 4905 Littcott Drive, Lansing, Michigan, representing the petitioner,
stated they would like to construct a business similar to Colonel Sander's
restaurant, that there will be no eating in the parking lot and 24 seats inside
for eating.
Mr. Walker questioned Mr. Winney if he has authority on behalf of the property
owners.
Mr. Winney stated that they are the owners of the property, five acres.
Mr. Walker requested to know if Mr. Winney is aware of the fact that there are
some discrepancies in the plan which has been laid out.
Mr. Wrightman stated he would like to see this go to a study session in order
to evaluate the discrepancies before making a final decision.
Mr. Moser questioned why they purchased so much land when they need so little.
Mr. Winney stated that it was one piece of property purchased by Alto Construction
Company and sold to Chick-N-Joy. He stated that Alto is talking with the City
of Livonia about putting turnkey housing on the rest of the property.
Mr. J. Neuman,..30418 Elmira, questioned what the definition of this particular
installation is.
Mr. Walker stated it would be a carry-out restaurant.
Mr. Neusman stated there seems to be a feeling that this is a drive-in restaurant.
Mr. Nagy, Assistant Planning Director, stated that the man said there would be
seats; this would classify it as a restaurant.
Mr. Neuman stated he objected to the petition because of the noise, fumes, refuse
rats, etc. , and feels that since it is considered objectionable he believes it
will undercut the value of property in the area.
Mr. Winney stated that only 100' x 100' of this parcel will be used for the
Chick-N-Joy and that it will be 400' from the residential property. He stated
the rest of the property is proposed for a turnkey housing financed by federal
funds.
Mr. Hull stated that turnkey housing es exactly the same type of development
that we have going in for senior citizens but rather than federal funds it comes
from private funds under federal regulations.
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Mr. Hiram Draughty, 30518 Elmira, objected to this petition.
There was no one else present wishing to be heard regarding this item.
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Mr. [Talker stated the item will be taken under advisement.
Mr. Urightman announced the next item on the agenda is Petition 68-7-2-14 by
Super Slide, Inc. , requesting to be granted a waiver use permit to
erect a super slide and to maintain and operate the slide on property
located couth of Plymouth Road, west of Middlebelt in Uonderland
Center, in the Northeast 1/4 of Section 35.
Mr. Duggan, Attorney, representing Super Slide, Inc, , was present and stated this
is a new and exciting concept; a recreational and hearth facility and the safety
attested to because it is the only one approved by the National Childrens'
Council. It is proposed to be 35' high, 150' long and 30' wide and will be
supervised by four to eight men at all times. He stated that a percentage of
the gross goes to the division of the safety council so they can continually
supervise it. It will be completely surrounded by an 8 x 10' fence; ends up on
a carpet and does not drop off. Mr. Duggan stated this is a franchised operation
and will continually be maintained and because it is a commercial activity, it
will always have supervision. The hours will be basically after school and a
half hour after curfew, and is considered a recreational activity for adults as
well as children.
Mr. Tent questioned if thissuperslide is the same organization as operates the
-` ) one at Belle Isle.
IL:
Mr. Duggan stated it is not.
Mr. Taut asked what the cost of a ride will be and if there will be any expansion
of this facility.
Mr. Duggan stated the cost will be 10or 3 for 25% and will never exceed 15 ,
and there will be no expansion of the facility.
Mr. Urightman questioned if this is a year-round activity.
Mr. Colburn, 1752 35th Street, Grand Rapids, business address 2929 Buffalo
Speedway, Houston, Texas, stated that it is anticipated that it will be open for
at least nine months of the year, twelve months if the weather is nice.
Mr. Tent questioned if Mr. Colburn is affiliated with the shopping center.
Mr. Colburn stated they have a ground lease on the property.
Mr. Tent questioned if they would be in partnership.
Mr. Colburn said they will pay rent.
Mr. Tent questioned if they will use their parking facilities.
Mr. Colburn stated, yes.
Mr. Tent questioned if there is a method for computing parking for this facility.
Mr. Hull stated there is none that he knows of.
5405
Mr. Wrightman questioned Mr. Perry as to whether or not this type of business
would be required to have sanitary requirements the same as any other type of
business.
Mr. Perry stated he couldn't really answer that question but he does believe that
the facility is more of an amusement device and he would doubt if this would be
required.
There was no one else present wishing to be heard regarding this petition.
Mr. Walker stated the item will be taken under advisement.
Mr. Urightman announced the next item on the agenda is Petition 68-7-2-15 by
Joseph J. Handzlik requesting to be granted a waiver use permit to
erect a St. Michael Livonia Federal Credit Union office on property
located on the west side of Farmington Road between Plymouth and
Orangelawn in the Northeast 1/4 of Section 33.
Mr. Marvin Stempien was present in behalf of the petitioner and stated he believes
the Commission is familiar with this petition.
Mrs. Esther Lau, 9818 Farmington Road, stated he objects to the petition because
she felt it will have an undesirable effect on the value of the residential
property on Farmington Road.
Mr. Stempien stated this land is already zoned for this use and residents were
aware of this when they purchased residential homes there, and all they are ask-
ing from this Board is approval of the use.
Mrs. Lau stated she feels this use would have an effect also on the traffic
situation on Farmington Road.
Mr. Walker stated that he believes this would be one of the least objectionable
uses for this property under the present zoning and that usually in this type
of business there are no more than one or two cars at one time.
There was no one else present wishing to be heard regarding this item.
Mr. Walker stated the item will be taken under advisement.
Mr. T•7rightman announced the next item on the agenda is Petition 68-7-7-2 by
The City Planning Commission on its own motion to amend Part V of the
Master Plan, the Master School and Park Plan, so as to incorporate
property located approximately 300 feet north of Greenwood Farms
Subdivision in the East 1/2 of Section 18.
There was no one present wishing to be heard regarding this item.
Mr. Walker stated the item will be taken under advisement.
On amotion duly made by Mr. t 7rightman, seconded by Mr. Heusted, and unanimously
adopted, it was
i
#8-90-68 RESOLVED that, the City Planning Commission does hereby adjourn the
Public Hearing held on Tuesday, August 27, 1968 at approximately
11:45 p.m.
5406
Mr. Walker, Chairman, called the 247th Special Meeting to order at approximately
11:46 p.m. with approximately the same number of interested persons in the
I" Y audience as were present for the public hearing.
Mr. Wrightman announced the first item on the agenda is Petition 68-6-1-19
by Botsford Realty Company for Joseph and Nann Dudzik requesting to
rezone property located south of Norfolk between Farmington and
Shadyside in the Northwest 1/4 of Section 3, from R-3-A to P.S.
Mr. Walker, Chairman, stated this item will be taken under advisement.
Mr. Wrightman announced the next item on the agenda is Petition 68-7-1-30 by
Ronald F. Huey, D.D.S. , requesting to rezone property located on
the southwest corner of Merriman and Six Mile Roads in the North-
east 1/4 of Section 15, from RUFC .to P.S.
On a motion duly made by Mr. Tent, Seconded by Mr. Wrightman, and unanimously
adopted, it was
#8-91-68 RESOLVED that, pursuant to a public hearing having been held on
August 27, 1968 on Petition 68-7-1-30 as submitted by Ronald F.
Huey, D.D.S. , requesting to rezone property located on the south-
west corner of Merriman and Six Mile Roads in the Northeast 1/4 of
Section 15, from RUFC to P.S. , the City Planning Commission does
hereby recommend to the City Council that Petition 68-7-1-30 be
denied for the following reasons:
(1) This would adversely effect the stability of the adjacent
neighborhood and establish a precedent that could convert
the land use pattern of the general area.
(2) There are great quantities of vacant land that is zoned
properly that could accommodate the intended use.
(3) The conversion of this intersection into non-residential
use could generate greater volumes of traffic and conflict
with the movement of intra- and inter-City traffic.
FURTHER RESOLVED that, noticee of the above public hearing was
published in the official newspaper, the Livonia Observer, under
date of August 7, 1968, and notice of such hearing was sent to
the Detroit Edison Company, Chesapeake & Ohio Railway Company,
Michigan Bell Telephone Company and Consumers Power Company and
City Departments as listed in the Proof of Service.
Mr. Walker, Chairman, stated the motion carried and the foregoing resolution is
adopted.
•
Mr. Wrightman announced the next item on the agenda is Petition 68-6-1-21 by
Bonk, Pollick and Wartell, Attorneys for J.J.Stone, requesting to
rezone property located on the northwest corner of Seven Mile Road
and Osmus in the East 1/2 ofSection 3, from RUFB to P.S.
On a motion duly made by Mr. Moser, seconded by Mr. Heusted, and unanimously
adopted, it was
5407
#8-92-68 RESOLVED that, pursuant to a public hearing having been held on
August 27, 1968 on Petition 68-6-1-21 as submitted by Bonk, Pollick
and Wartell, Attorneys for J. Stone, requesting to rezone property
located on the northwest corner of Seven Mile Road and Osmus in
the East 1/2 of Section 3, from RUFB to P.S. , the City Planning
Commission does hereby recommend to the City Council that Petition
68-6-1-21 be denied for the following reasons:
(1) The intrusion of nonresidential development in this
area could adversely effect the stability of the
adjacent residential neighborhood.
(2) This petition would truly constitute spot zoning inasmuch
as the site is physically small and unrelated to the zoning
and land use pattern of the general area.
(3) The intrusion of traffic onto the mile road and onto the
adjacent residential street could deter the movement of
traffic in this sector of the City.
FURTHER RESOLVED that, notice of the above public hearing was
published in the off icialnewspaper, the Livonia Observer, under
date of August 7, 1968, and notice of such hearing was sent to
the Detroit Edison Company, Chesapeake & Ohio Railway Company,
Michigan Bell Telephone Company, Consumers Power Company and
City Departments as listed in the Proof of Service.
1[1,
Mr. Walker, Chairman, stated the motion carried and the foregoing resolution
adopted.
Mr. Urightman announced the next item on the agenda is Petition 68-6-1-22 by
Bonk, Pollick and Wartell, Attorneys for J. Stone, requesting to
rezone property located on the northeast corner of Seven Mile Road
and Auburndale in the East 1/2 of Section 3, from RUFB to P.S.
On a motion duly made by Mr. Colomina, seconded by Mr. Wrightman, and unanimously
adopted, it was
#8-93-68 RESOLVED that, pursuant to a public hearing having been held on
August 27, 1968 on Petition 68-6-1-22 as submitted by Bonk, Pollick
and Wartell, Attorneys for J.J. Stone, requesting to rezone property
located on the northeast corner of Seven Mile Road and Auburndale in
the east 1/2 of Section 3, from RUFB to P.S. , the City Planning
Commission does hereby recommend to the City Council that Petition
68-6-1-22 be denied for the following reasons:
(1) The intrusion of nonresidential use in this area could
effect the stability of the adjacent residential neighbor-
hood.
(2) This petition would truly constitute spot zoning inasmuch
as the site is physically small and unrelated to the zoning
and land use pattern of the general area.
(3) The intrusion of traffic onto the mile road and onto the
adjacent residential street could deter the movement of
traffic in this sector of the City.
5408
FUaTHER RESOLVED, that notice of the above public hearing was
published in the official newspaper, the Livonia Observer, under
date of August 7, 1960, and notice of such hearing was sent to the
Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan
Bell Telephone Company, Consumers Power Company and City Depart-
ments as listed in the Proof of Service.
Mr. Walker, Chairman, stated the motion carried and the foregoing resolution is
adopted.
Mr. Wrightman announced the ne::t item on the agenda is Petition 68-6-1-23 by
Bonk, Pollick and Wartell, Attorneys for J.J.Stone, requesting to
rezone property located on the northwest corner of Seven Mile Road
and Merriman in the Southeast 1/4 of Section 3, from RUFB to C-2.
On a motion duly made by Mr. Wrightman, seconded by Mr. Moser, and unanimously
adopted, it was
#8-94-68 RESOLVED that, pursuant to a public hearing having been held on
August 27, 1968 on Petition 68-6-1-23 as submitted by Bonk, Pollick
and Wartell, Attorneys for J.J.Stone, requesting to rezone property 1
located on the northwest corner of Seven Mile Road and Merriman in
the Southeast 1/4 of Section 3, from RUFB to C-2, the City Planning
Commission does hereby recommend to the City Council that Petition
68-6-1-23 be denied for the following reasons:
(1) The intrusion of commercial zoning with a high intensity of
use at this intersection could adversely effect the movement
of traffic within this sector of our City.
(2) This proposed rezoning would be in conflict with the overall
master Commercial Land Use Study of our City.
(3) The general character of this sector of the City is residential
and the intrusion of nonresidential use could effect the long-
term stability of the existing residential neighborhoods.
FURTHER RESOLVED that, notice of the above public hearing was
published in the official newspaper, the Livonia Observer, under
date of August 7, 1968, and notice of such hearing was sent to
the Detroit,Edison Company, Chesapeake & Ohio Railway Company;
Michigan Bell Telephone Company and Consumers Power Company and
City Departments as listed in the Proof of Service.
Mr. Walker, Chairman, stated the motion carried and the foregoing resolution is
adopted.
Mr. Wrightman announced the next item on the agenda is Petition 68-6-1-24 by
Bonk, Pollick and Wartell, Attorneys for J.J.Stone, requesting to
rezone property located on the north side of Seven Mile Road,
11; west of Merriman Road, in the Southeast 1/4 of Section 3, from
RUFB & R-1 to C-1.
On a motion duly made by Mr. Heusted, seconded by Mr. Wrightman, and unanimously
adopted, it was
5409
#9-95-68 RESOLVED that, ursuaht to a public hearing having been held on
August 27, 1968 on Petition 68-6-1-24 as submitted by Bonk, Pollick
110 and Wartell, Attorneys for J. J. Stone, requesting to rezone
property located on the north side of Seven Mile Road, west of
Merriman Road, in the Southeast 1/4 of Section 3, from EUFB & R-1
to C-1, the City Planning Commission does hereby recommend to the
City Council that Petition 68-6-1-24 be denied for the following
reasons:
(1) This quantity of commercial zoning could adversely effect the
stability of the adjacent residential neighborhoods.
(2) It could generate a large volume of traffic which could
adversely effect the movement of inter- and intra-City
traffic in this sector of the City.
(3) This proposed rezoning is in conflict with the recommendations
set forth in the master Commercial Land Use Plan for our City.
FURTHER RESOLVED that, notice of the above public hearing was
published in the official newspaper, the Livonia Observer, under
date of August 7, 1968 and notice of such hearing was sent to the
Detroit Edison Company, Chesapeake & Ohio Railway Company, Mich-
igan Bell Telephone Company, Consumers Power Company and City
Departments as listed in the Proof of Service.
Mr. Walker, Chairman, stated the motion carried and the foregoing resolution
is adopted.
Mr. Wrightman announced the next item on the agenda is Petition 68-7-2-13 by
Chick-N-Joy Systems, Inc. , requesting to be granted a waiver use
permit to build a carry-out restaurant on a portion of Parcel
Cld2 located on the south side of Plymouth Road between Milburn
and Middlebelt in the Northwest 1/4 of Section 35.
Mr. Walker, Chairman, stated this item will be taken under advisement.
Mr. Wrightman announced the next item on the agenda is Petition 68-7-2-14 by
Super Slide, Inc. , requesting to be granted a waiver use permit
to erect a super slide and to maintain and operate the slide on
property located south of Plymouth Road, west of Middlebelt in
Wonderland Center, in the Northeast 1/4 of Section 35.
Mr. Walker, Chairman, stated this item will be taken under advisement.
Mr. Wrightman announced the next item on the agenda is Petition 68-7-2-15 by
Joseph J. Handzlik requesting to be granted a waiver use permit
to erect a St. Michael Livonia Federal Credit Union office on
property located on the west side of Farmington Road between Plymouth
and Orangelawn in the Northeast 1/4 of Section 33.
On a motion duly made by Mr. Moser, seconded by Mr. Wrightman, and unanimously
adopted, it was
5410
#8-96-68 RESOLVED that, pursuant to a public hearing having been held on
August 27, 1968 on Petition 68-7-2-15 as submitted by Joseph J.
Handzlik requesting to be granted a waiver use permit to erect
a St. Michael Livonia Federal Credit Union office on property
located on the west side of Farmington Road between Plymouth and
Orangelawn in the Northeast 1/4 of Section 33, the City Planning
Commission does hereby recommend to the City Council that Petition
68-7-2-15 be approved subject to adherence to Site Plan #p-1 dated
September 3, 1968 for the following reasons;
(1) It is in harmony with the adjacent land uses.
(2) It is consistent with the land use and zoning pattern
of the area.
(3) It is consistent with the commercial and P.S. plan of
our City.
(4) The site is large enough to accommodate this intended use
and its logical expansion.
FURTHER RESOLVED, notice of the above public hearing was sent
to the property owners within 500 feet, petitioner and City
Departments as listed in the Proof of Service.
Mr. Walker, Chairman, declared the motion carried and the foregoing resolution
1[0 is adopted.
Mr. Urightman announced the next item on the agenda is Petition 68-7-7-2 by
the City Planning Commission on its own motion to amend Part V
of the Master Plan, the Master School and Park Plan, so as to
incorporate property located approximately 300 feet north of Green-
wood Farms Subdivision in the East 1/2 of Section 18.
On a motion duly made by Mr. Colomina, seconded by Mr. Urightman, and unanimous):-
adopted, it was
#9-97-68 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 August
27, 1968 for the purpose of amending Part V of the Master Plan of
the City of Livonia, entitled "Master School and Park Plan", the
same is hereby amended so as to incorporate property located
approximately 300 feet north of Greenwood Farms Subdivision in the
East 1/2 of Section 18 as a park site for the following reason:
(1) This is a necessary action to effecuate the master develop-
ment plan for Section 19.
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 Cleric, and the City Planning
5411
Commission; and a certified copy shall also be forewarded to the
•
Register of Deeds for the County of Mayne for recording.
Mr. Walker, Chairman, declared the motion carried and the foregoing resolution
is adopted.
Mr. Wrightman announced the next item on the agenda is Petition 68-7-7-3 by
the City Planning on its own motion to amend Part V of the Master
Plan, the Master School and Park Plan, so as to delete property
located immediately north of Blue Grass Subdivision in the South-
east 1/4 of Section 18.
On a motion duly made by Mr. Tent, seconded by Mr. Urightman, and unanimously
adopted, it was
#8-98-68 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 August
27, 1968 for the purpose of amending Part V of the Master Plan of
the City of Livonia, entitled "Master School and Park Plan", the
same is hereby amended so as to delete property located immediately
north of Blue Grass Farms Subdivision in the Southeast 1/4 of
Section 18 for the following reason:
(1) This is a necessary action to effectuate the master
development plan for Section 19.
AND, having given propert 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 certified copy shall also be forwarded to the
Register of Deeds for the County of [Mayne for recording.
Mr. Walker, Chairman, declared the motion carried and the foregoing resolution
is adopted.
Mr. Urightman announced the next item on the agenda is the final plat approval
for Mallon Estates Subdivision (formerly H. E. Mallon Sub. #1)
located in the Southeast 1/4 of Section 3.
On a motion duly made by Mr. Tent, seconded by Mr. Colomina, and unanimously
adopted, it was
#8-99-68 RESOLVED that, the City Planning Commission does hereby recommend
to the City Council that final plat of Mall Estates Subdivision
(formerly H. E. Mallon Sub. #1) located in the Southeast 1/4 of
Section 3, be given final approval for the following reasons:
(1) It conforms to the previously approved preliminary plat.
(2) All the financial obligations of the City have been met.
5412
AND, that the City Planning Commission does hereby approve of
the change of the name of Mallon Estates Subdivision, formerly
known as H. E. Mallon Subdivision No.1;
FURTHER RESOLVED, inas much as it appears on the records that
tentative approval of said proposed plat was given by the City
Planning Commission under Resolution #1-5-68 adopted on January
16, 1968; and it further appearing that said proposed plat to-
gether with plans and specifications for improvements therein
have been approved by the Department of Public ¶Yorks, Engineering
Division, under date of June 4, 1968; and it further appearing
that the financial assurances required in Council Resolution
#762-68 adopted on July 17, 1968 have been filed with the City
Clerk as confirmed by a letter dated August 27, 1968 from Addison U.
Bacon, City Clerk, it would therefore appear that all the conditions
necessary to the release of building permits have been met and the
Building Department is hereby so notified.
Mr. Walker, Chairman, declared the motion carried and the foregoing resolution
is adopted.
Mr. Urightman announced the next item on the agenda is the final plat approval
for Mallon Subdivision (formerly H. E. Mallon Sub. No. 2) located
in the East 1/2 of Section 3.
On a motion duly made by Mr. Urightman, seconded by Mr. Heusted, and unanimously
adopted, it was
#8-100-68 RESOLVED that, the City Planning Commission does hereby recommend
to the City Council that the final plat of Mallon Subdivision
(formerly H. E. Mallon Sub. No. 2) located in the East 1/2 of
Section 3, be given final approval for the following reasons:
(1) It conforms to he previously approved preliminary plat.
(2) All the financial obligations of the City have been met.
AND that, the City Planning Commission does hereby approve of
the change of the name of Mallon Subdivision, formerly known
as H. E. Mallon Subdivision No.2.
FURTHER RESOLVED, inasmuch as it appears on the records that
tentative approval of said proposed plat was given by the City
Planning Commission under Resolution #1-6-68 adopted on January
16, 1968; and it further appearing that said proposed plat to-
gether with plans and specifications for improvements therein
have been approved by the Department of Public Works, Engineer-
ing Division, under date of May 13, 1968; and it further appear-
ing that the final assurances requied in Council Resolution #618-68
adopted on June 5, 1968 have been filed with the City Clerk as
confirmed by a letter dated August 27, 1968 from Addision W. Bacon,
City Clerk, it would therefore appear that all the conditions
necessary to the release of building permits have been met and
the Building Department is hereby so notified.
Mr. Walker, Chairman, declared the motion carried and the foregoing resolution
is adopted.
' 5413
#8-101-68 RESOLVED that, the City Planning Commission does hereby recommend
to the City Council that the final plat of Gold Manor Subdivision
located in the Northwest 1/4 of Section 8, be approved for the
the following reasons:
(1) It conforms to the previously approved preliminary plat,
(2) All the financial obligations of the City have been met.
FURTHER RESOLVED, inasmuch as it appears on the records that
tentative approval of said proposed plat was given by the City
Planning Commission under Resolution #110164-67 adopted on
November 14, 1967; and it further appearing that said proposed
plat together with plans and specifications for improvements'
therein have been approved by the Department of Public Works,
Engineering Division, under date of February 26, 1968; and it
further appearing that the financial assurances required in
Council Resolution No. 190-68 adopted on February 28, 1968
have been filed with the City Clerk as confirmed by a letter
dated August 23, 1968 from Addison W. Bacon, City Clerk, it
would therefore appear that all the conditions necessary to the
release of building permits have been met and the Building
Department is hereby so notified.
Mr. Walker, Chairman, declared the motion carried and the foregoing resolution
is adopted.
On a duly made by Mr. Tent, seconded by Mr. Moser, and unanimously adopted,
the City Planning Commission adjourned its 247th Special Meeting
held on August 27, 1968, at approximately 12: 00 midnight.
CITY PLANNING COMMISSION
arry t lri tman, S- retary
ATTEST:
r w
Char es W. ¶'Talker, Chairman -