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HomeMy WebLinkAboutPLANNING MINUTES 1970-02-17• 8798 MINUTES OF THE 214th REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, February 17, 1970, the City Planning Commission of the City of Livonia held its 214th Regular Meeting and a public hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Raymond W. Tent, Chairman, called the Public Hearing to order at approximately 8:15 p.m. with approximately 25 interested persons in the audience. Members Present: Raymond W. Tent Joel LaBo H.Dow Tunis Robert Colomina Marvin Moser Donald Heusted Members Absent: Harry Wrightman Charles W. Walker Messrs. Don Hull, Planning Director and John J. Nagy, Assistant Planning Director were also present. Mr. Dan Andrew, Industrial Coordinator, arrived later in the meeting. Mr. Tunis, acting secretary, announced the first item on the agenda is Petition 70-1-2-1 by John R. Wilder and Dr. Richard G. Sullivan requesting to be granted a waiver use permit to use lower two offices of existing building located on the northeast corner of Farmington Road and Curtis in Section 10, for professional testing and screening of employment abilities and for a life insurance company. Mr. Tent stated that there were no letters in the file objecting to the petition or setting forth any engineering problems relating to the site in question. Mr. Tent asked if petitioner were present. Both Mr. Wilder and Dr. Sullivan were present. Mr. Wilder discussed other professional buildings in the surrounding area; i.e. the Harris Building, adding that he has joined an office in Wayne and moved. He stated a Mr. Robert Hayes is the general agent (not an insurance agent) and Mr. Olson the person involved in the psychological and testing work. Mr. Tent stated the original petition was for screening of and testing employment abilities and asked if it is the intention to now amend it to include the insurance agency. Mr. Ripple stated that the traffic problem was nil; there would be very few about 1/2 dozen cars a day with regard to the employment agency. Mr. Tent asked if it was an employment agency where persons stand in line. Mr. Wilder stated they would only handle specific tests by appointment for specific companies. Mr. Ripple added that the tests in question last about 1/2 hour. Mr. Tent asked how many employees would work at this office. Mr. Ripple stated the owner, Mr. Olson, and two secretaries. • 8799 Mr. Tent asked if the parking is adequate. Mr. Hull stated there are no deficiencies at all. Mr. Tent asked if there were any plans for signs, etc. Dr. Sullivan stated they have a sign which has been approved by the Board of Appeals; he added that they had to go before the Board because there are two signs, one designated the name of the building and one the tenants in the building; this violated the ordinance by square footage and the Board approved it. There was a short discussion regarding the sign ordinance which the Commission drafted and is now before the Council for action and until this is acted upon the old sign ordinance still stands. Mr. Nagy stated that it was the intent of the new ordinance to make signs smaller. They discussed the square footage of the sign; the fact that there are two separate signs; that there is no eye- sore or public safety involved. Mr. Tent stated this matter would be taken under advisement, adding that the request for life insurance company in the building in question will be acted upon at the next public hearing and the Commission would act on both items at that time - which would be March 17th. Mr. Tunis, acting secretary, stated the next item on the agenda is Petition 70-1-1-1 by R. Gaberman for Marathon Oil Company requesting to rezone property located on the northwest corner of Five Mile Road and Merriman Road in the Southeast 1/4 of Section 15 from RUF to C-2. Mr. Tent stated there was a letter in the file dated January 23, 1970 from Consumer Power Company stating they saw no problem on this petition. He stated there is a letter from Mr. Strasser, Engineer, advising there are no engineering problems; however, the large driveways for Marathon can best be handled by the widening on the west side of Merriman Road. Mr. Sam Thomas represented Marathon on this petition. He presented pictures of the proposed building; he stated that there would be a party store to the west of the station; on the west property line it would be rebuilt to include space for a meat market; to the rear they would like an L & K restaurant which would seat 120 persons, not a drive-in. He stated he hoped to replace the Five Mile and Farmington station with thisEervice station. Mr. Tent asked if a market survey had been conducted to justify the expansion. Mr. Thomas stated it was felt that the trafic is extremely heavy at this point and would warrant the station which they expect to lose at 5 Mile and Farmington. Mr. Tent asked if the restaruant is relatively new. Mr. Thomas replied, No; they have other locations already completed; he added just as Holiday Inn has built in conjunction with a gas company, they expect to build in five or six locations this year with L & K restaurants. He added they are already building in Dundee in this manner and it should be completed shortly. Mr. Tent asked if the party store will be converted to a meat store. • 8800 Mr. Thomas stated that the Byrd meat market on Five Mile Road near Farmington will be relocated there. Mr. Tent asked if this matter had been discussed with the people in the area. Mr. Thomas stated they have a petition signed by 85% of the people in the area within 500 feet of the site. Mr. Tent asked if this is in connection with the combined package displayed at the meeting. Mr. Thomas stated the residents had been shown the same sketch shown at the meeting tonite. He added that the Church owners had not signed the petition but did not feel they would object; he discussed the possibility of the Church using the parking area for their services by putting a gate between their properties. There was a short discussion regarding the control Marathon has with its station owners. Mr. Thomas stated they lease the stations for one year periods and they can only recommend and if the lessee does not prove desirable they can be put out at the end of that period. Mr. LaBo stated that the gas stations in Livonia are what they are because the City keeps after them and stated he hopes the gas companies take this into consideration when they pick their lessees so that their stations will not get sloppy, other wise they could have a tough time getting into the City. Mr. Thomas advised him that at Five and Farmington the lessee was changed and this improved that station - they do try. Mr. Thomas stated that the City is going through a condemnation proceeding at Five Mile and Farmington Roads. Mr. Tent stated this was his understanding. He discussed the fact that the Commission did not want secondary uses brought into thearea, such as car washes, truck rentals, etc. He hoped that Marathon discouraged such activities. Mr. Tent discussed with Mr. Thomas the package as presented at the meeting - Mr. Thomas stated that the rear portion of the property involved at the corner site would never develop as residential; that as a restaurant it would have more value; he added he understood to build the restaurant he would require another site plan approval .and did not want the station to be held up at this time due to the restaurant approval. Mr. Tent asked how soon they would start construction. Mr. Thomas stated it would depend upon the widening of the road. Mr. LaBo asked if the station could be eliminated without the court case. Mr. Thomas stated that the condemnation is handled on an appraisal basis and they did not object to this; it would not have to go to condemnation. Mrs. Pavlichek, 31480 Five Mile Road stated that she adjoins the site to be rezoned; that the plans were supposed to have been shown at the church although she was not aware of this. There was a short discussion to clarify a mis- representation that the Planning Commission had been at the alleged presentation of the plans. Mr. John Hubert stood up and stated that from the Planning 8801 • • Commission there, he was alone. Mrs. Pavlichek stated that the people who signed the petition were not directly effected as she was, since she owns Lot 625. She stated her property had been 11: rezoned without her knowledge and after a short conversation it was found that the rezoning had been done prior to her purchase, in approximately 1950. • Yr. Thomas advised Mrs. Pavlichek because they knew her husband had hada heart attack and was ill, but that it was their intention to do so as soon as he was able - he was certainly not meant to be left out. There was a short discussion as to the restaurant - a sit down type - not a drive-in - by comparison it would be similar to a Nugget or a Clock restaurant. 4r. Bud Grace, a resident objected to the petition making reference also to a station at Merriman and Schoolcraft. Mr. Thomas advised them that they had difficulty at that area and the station would be replaced very shortly. Mr. Grace referred the Commission to the shopping center at Five Mile and ' Merriman and their present plans to so build a restaurant. Mr. Tent stated that would be of a different nature - Chinese food.' However, he added, this hearing is for all such comments from the audience and assured them they would be made part of the record. Mr. Ethan Dunn, 14257 Piedmont, Detroit, represented the Church at the meeting, he was concerned with the fact that this might be a 24 hour restaurant. • Mr. Thomas stated he did not think this area would warrant a 24 hour restaurant. ' Mr. Dunn spoke with regard to the gate offered by Mr. Thomas stating that they have enough problems at present with trespassers parking in their area although he • thanked them for the offer feeling that this thought had not entered their minds when the offer was made. • Mr. Thomas assured him he only felt they would be of some help with the offer. Mr, Tent asked Mr. Dunn, as the church representative, how the church feels about these plans. Mr. Dunn stated they did not object to the improvement of the neighborhood nor to good business, only to what might become a nuisance rather than a business place; he stated they realize the back of the lots in question would never by residential, adding that they tried to buy some of the lots a few years ago and could not even get a price. Mr. :,avlichek asked once the property was rezoned commercial and if no restaurant is built what would happen to the property. Mr. Tent stated they would need a waiver use to build a restaurant; however, in C-2 there are other uses they could put the land to which would not require approval such as higher type business uses allowed by the ordinance. He stated there is an ordinance before the Council which would give them reasonable control over commercial regardless of the size of the land. Should the ordinance be approved the Planning Commission could recommend site plans on any type of commercial ung' could in this way control anything going in this property. 1E; Mr. Grace asked if a car wash is permissible in C-2. 8802 Mr. Grace asked if a car wash is permissible in C-2. Mr. Tent informed him they would need a waiver use. I Mr. Hull stated if the Commission looks favorably on this petition there are many things that can be done to improve the plan and they can make the site plan of a higher quality. A resident stated there are now two gas stations at that corner and this would make three. Mr. Moser stated he wanted the record to show that the resident who objected to the petition is the owner of the Daly Drive-In Restaurant located on Plymouth Road. Mr. Tent, Chairman, stated this matter would be taken under advisement. Mr. Tunis, acting secretary, announced the next item on the agenda is Petition 70-1-1-2 by .Frank Underhill requesting to rezone • property located. on the southwest corner of Sunset and Fargo in the northwest 1/4 'of Section 2 from RUF to R-3. Mr. Tent stated a letter in the file dated January 27, 1970 from the City Engineer disclosed no problems and a letter from Consumers Power gave no objections or showed any utility service as being effected in the area; also a letter dated February 10, from Mr and Mrs. S. J. Whalen objected to the petition. Mr. Underhill, petitioner, stated he bought the property with the intention of splitting the property in one half and use one-half for himself and the other to be sold as he only needs 85 x 135. Mr. Tent asked if there were any persons in the audience wishing to be heard IL, on this petition. Mr. Whalen stated that a previous owner had tried to split the land to build the same way - he referred to another parcel which was divided into four parcels across the street at Fargo and Sunset and he added he would not like this to happen here. Mr. Tent asked when that was divided. Mr. Whalen replied, about two years ago. Mr. Tent stated that went before the Zoning Board of Appeals and was turned down. Mr. Whalen replied that was true and stated that was twice the area of ground this petitioner wants to build on. A short discussion followed about the land referred to; Mr. Underhill repeated he wants the land divided in half. Mr. Hull stated this parcel had been granted a lot split at a prior date and application made for two building permits from the Zoning Board of Appeals and was turned down. Mr. Underhill stated there is R-3 in the same block. 8803 The previous owner, Percy Gregory, a resident of Royal Oak, stated he owned the land for 2 years and this is the first time he knows that this property is trying to be rezoned. d Mr. Tent stated that then this is not the land Mr. Whalen was discussing earlier in the meeting, and what Mr. Underhill is trying to do is square the land off into two equal lots. Mr. Underhill replied, yes; there is 170' on Fargo and 135'on Sunset and would like two equal lots 85 x 135. Another resident stated this pjece of ground was 1/2 of the previous split; he has two of the parcels. Mr. Underhill stated he thought only one objection in the neighborhood is not bad and asked the Petition be granted as requested. Mr. Moser asked if petitioner is planning to build for speculation. Mr. Underhill replied, no; he wished to build on the inside lot and sell the corner lot. Mr. Tent, Chairman, stated this matter would be taken under advisement. Mr. Tunis, acting secretary, announced the next item on the agenda is Petition 70-1-6-1 by the City Planning Commission, pursuant to Council Resolution #45-70, to amend Section 21.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, to provide for an increase in the filing fee schedule of the Zoning Board teof Appeals. Mr. Tent explained to the audience that this petition is from the Zoning Board of Appeals requesting this Commission to have a public hearing for increase in its fee schedule. Mr. LaBo asked who requested this increase in rates. Mr. Tent stated the Chairman of the Board of Appeals; this would be similar to Planning Commissions increase in its fee schedule which is awaiting Council action. Mr. Hull stated this request went to the Council and the Council forwarded to this Commission for action. Mr. LaBo asked what the fees were before. Mr. Hull stated they are asking for about a 100% increase. Mr. LaBo asked if this is necessary. Mr. Hull stated that this case is similar to the Planning Department's; stated that it is reasonable for persons to pay 1/4 of the actual cost to the City for the performance of the Commission in processing a petition; he stated it was in the best interest of the City to charge the people rather than have the taxpayer in general subsidize persons coming in before the Board. 8804 Mr. LaBo asked if the fees would be equal with those charged in other communities for the same services. Mr. Hull stated he does not know insofar as Zoning Board fees but the Planning fees Livonia charges are more because they give more services. Mr. Tent, Chairman stated this matter would be taken under advisement. Mr. Tunis, acting secretary, announced that the next item on the agenda is Petition 70-2-2-2 by Angelo D'Orazio requesting to be granted a waiver of use permit to erect an industrial building for a cement contractor's operation on property located on the west side of Farmington Road between Grayton and Schoolcraft in the Northeast 1/4 of Section 24. Mr. Tent stated there were no letters of objection in the file. Mr. Andrew, Industrial coordinator, stated he would have no objections to the petition; added it would have to go before the Zoning Board of Appeals as far as waiver of front yard set back; the present set back is 30' and the require- ment is 50' . He stated the petition goes before the Zoning Board Thursday night and this should depend upon Zoning Board approval. Mr. Tent stated they can condition the waiver use. Mr. Hull stated petitioner should be made aware of the conditions the Commission is concerned with; the same conditions when the petition for the westerly 1/4 of the land was involved; petitioner should agree. Mr. Tent read the conditions, and petitioner agreed to same. Mr. Hull stated petitioner should understand that should the Commission take affirmative action the Commission will want control of the development of the land. Mr. Tent agreed. Mr. Colomina asked if the 30' set back is from Graytona - not Farmington Road. Mr. Andrew replied, yes. Mr. Tent, Chairman, stated this matter would be taken under advisement. On a motion duly made by Mr. Tunis, seconded by Mr. Colomina, and unanimously carried, it was #2-8-70 RESOLVED that, the City Planning Commission does hereby adjourn the public hearing held on Tuesday, February 17, 1970, at approximately 9:30 p.m. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. i 8805 Mr. Tent, Chairman, called the 214th Regular meeting to order at approximately 9:45 with approximately 20 persons in the audience. Mr. Tunis, acting secretary, announced the first item on the agenda is Petition 70-1-2-1 by John R. Wilder and Dr. Richard Gt Sullivan L requesting to be granted a waiver use permit to use lower two offices of existing building located on the northeast corner of Farmington Road and Curtis in Section 10, for professional testing and screening of employment abilities and for a life insurance company. Mr. Tent stated there is another petition coming in for the life insurance portion so this matter would be taken under advisement, so both petitions may be handled at the same time. Mr. Tunis, acting secretary, announced the next item on the agenda is Petition 70-1-1-1 by R. Gaberman for Marathon Oil Company requesting to rezone property located on the northwest corner of Five Mile Road and Merriman Road in the Southeast 1/4 of Section 15 from RUF to C-2. Mr. Tent stated this matter would be taken under advisement to work out inter- section problems. Mr. Hull stated the take lines on Five Mile Road have not been established at this point. There was a short discussion and Mr. Tent stated the project itself is favorable but some details must be worked out; site plan of the restaurant; relocation of the building, etc. ; the existing station at Farmington and Five Mile Roads. Mr. Thomas asked if this would require a second hearing. Mr. Tent stated under any development as large as this a site plan is needed to set ground rules and when the zoning is granted petitioner would have to come in for a waiver use; all plans should be ironed out. Mr. David Perry, attorney, representing one of the owners, stated with site plan approval most of the work will have been done and there won't be any delays at that point. Mr. Tent discussed the reason for taking the matter under advisement; stated the Commission wants to take everything into consideration and work out all details. Mr. Tunis, acting secretary, stated the next item on the agenda is Petition 70-1-1-2 by Frank Underhill requesting to rezone property located on the southwest corner of Sunset and Fargo in the Northwest 1/4 of Section 2 from RUF to R-3. On motion duly made by Mr. Moser, seconded by Mr. Heusted, and unanimously carried it was: 1410 I 8806 #2-9-70 RESOLVED that, pursuant to a public hearing having been held on February 17, 1970 on Petition 70-1-1-2 as submitted by Frank Underhill requesting to rezone property located on the southwest corner of Sunset and Fargo in the Northwest 1/4 of Section 2 from RUF to R-3, the City Planning Commission does hereby recommend to the City Council that Petition 70-1-1-2 be denied for the follow- ing reasons: (1) that a znning pattern of the general area does not justify changing this small parcel of land to a higher density; (2) theoretically this would constitute spot zoning because it is small in area and unrelated to the overall zoning pattern of the general area; (3) the Commission generally believes it is in the best interst of the City to maintain lower population densities so as to lessen the burden on community facilities and public utilities; FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of February 1, 1970 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. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis, acting Secretary, announced the next item on the agenda is Petition 70-1-6-1 by the City Planning Commission, pursuant to Council Resolution #45-70, to amend Section 21.10 of Ordinance 543, the Zoning Ordinance, to provide for an increase in the filing fee schedule of the Zoning Board of Appeals. On motion duly made by Mr. LaBo, seconded by Mr. Colomina and unanimously carried, it was #2-10-70 RESOLVED htat, pursuant to a public hearing having been held on February 17, 1970 on Petition 70-1-6-1 as submitted by the City Planning Commission, pursuant to Council Resolution #45-70, to determine whether or not to amend, by amending Section 21.10 to provide for an increase in the filing fee schedule of the Zoning Board of Appeals, the City Planning Commission does hereby recommend to the City Council that Petition 70-1-6-1 be approved for the following reason: (1) it is reasonable to charge fees that are commensurate with the cost of providing the services required; FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of January 28, 1970 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power and City Depart- ments as listed in the Proof of Service. 8807 Mr. Tent, Chairman, declared the foregoing motion carried and the resolution adopted. • Mr. Tunis, acting secretary, announced that the next item on the agenda is Petition 70-2-2-2 by Angelo D'Orizio requesting to be granted a waiver of use permit to erect an industrial building for a cement contractor's operation on property located on the west side of Farmington Road between Graytonaand Schoolcraft in the Northeast 1/4 of Section 28. On a motion duly made by Mr. LaBo, seconded by Mr. Moser, and unanimously carried, it was #2-11-70 RESOLVED that, pursuant to a public hearing having been held on February 17, 1970 on Petition 70-2-2-2 as submitted by Angelo D'Orazio requesting to be granted a waiver use permit to erect an industrial building for a cement contractor's operation on property located on the west side of Farmington Road between Graytona and Schoolcraft in the Northeast 1/4 of Section 28, the City Planning Commission does hereby recommend to the City Council that Petition 70-2-2-2 be approved subject to the following conditions: (1) that a detailed approved site plan be submitted to the Commission for approval within six months; (2) that detailed architectural plans be submitted and approved by the Commission within six months; (3) that a detailed landscape plan be submitted to the Commission and approved within six months; (4) that a landscaping and decorative treatment as indicated on the appoved landscape plan be installed within one year after . the building permit has been applied for; FURTHER RESOLVED, notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis stated the next item on the agenda is letter dated January 9, 1970 from Robert E. Greenstein relating to Petition 69-8-1-27 by Robert E.Gneczstein, attorney for Dr. George and Mathilde Rovin, requesting to rezone property located on the east side of Middlebelt Road, north of Pickford Avenue in the Northwest 1/4 of Section 12, from RUF to C-2. On motion duly made by Mr. Colomina, seconded by Mr. Heusted, and unanimously carried, it was #2-12-70 RESOLVED that, pursuant to a public hearing having been held on October 14, 1969 on Petition 69-8-1-27 as submitted by Robert E. Greenstein, attorney for Dr. George and Mathilde Rovin, requesting to rezone property located on the east side of Middlebelt Road, 8808 north of Pickford Avenue in the Northwest 1/4 of Section 12, from RUF to C-2, the City Planning Commission does hereby recommend R. to the City Council that Petition 69-8-1-27 be denied for the following reasons: (1) it is in conflict with the previously approved Master Plan for the Livonia Mall area; (2) intensifying the use on this parcel of ground will contribute to the intensifying of all land usage within the general area; thus, defeating the spirit of the Master Plan; Professional service and commercial development should not extend this far south; (3) intensifying the land use to the point permitted under C-2 zoning could generate a higher volume of traffic than would be expected if the land remained in the residential category; Middlebelt Road is already overly congested and the addition of traffic could adversely effect its traffic-carrying capacity; FURTHER RESOLVED that, notice of the above public hearing was . published in the official newspaper, the Livonia Observer, under date of December 24, 1969 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michitan Bell Telephone Company, Consumers Power Company, and City Departments as listed in the Proof of Service. Mr. Tent, Chairman declared the motion carried and the foregoing resolution adopted. Mr. Tunis, acting secretary, announced the next item on the agenda is Petition 69-11-1-41 by the City Planning Commission, pursuant to Council Resolution #991-69, requesting to rezone property located on the northeast corner of Lyndon Avenue and Farmington Road in the Northwest 1/4 of Section 22 from RUF to R-2 and P.S. On motion duly made by Mr. Moser, seconded by Mr. LaBo, it was #2-13-70 RESOLVED that, pursuant to a Public Hearing having been held on January 20, 1970 on Petition 69-11-1-41 as submitted by the City Planning Commission, pursuant to Council Resolution #991-69 requesting to rezone property located on the northeast corner of Lyndon Avenue and Farmington Road in the Northwest 1/4 of Section 22 from RUF to R-3 and P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 69-11-1-41 be denied for the following reasons: (1) the intensity of use proposed within this development is excessive and could adversely effect the adjacent development in this sector of the City; 8809 (2) the tier of residential lots that are created do not conform with the depth standards of the Ordinance; they are less than 120' and inasmuch as there are no restraining physical boundaries, the section of the Ordinance that permits this is not applicable; there would be an Ordinance violation that could impede the platting of the residential lots included within this development proposal; FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of December 31, 1969 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake and Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments, as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Tent, Heusted, Moser, LaBo and Tunis NAYS: Colomina ABSENT: Wr ightman, Walker Mr. Tent declared the motion carried and the foregoing resolution adopted. Mr. Tunis, acting secretary, announced the next item on the agenda is Release of Bond in connection with Petition 67-5-5-1 by Rodney Kropf, K & L Development Company, requesting to remove topsoil stockpile from property located on the south side of Six Mile Road west of Levan, in the Northwest 1/4 of Section 17. On motion duly made by Mr. Moser, seconded by Mr. Colomina and unanimously carried, it was #2-14-70 RESOLVED that, pursuant to the recommendations and report of the Bureau of Inspection dated January 19, 1970 the city Plan- ning Commission does herein authorize the release of the bond, No. TA-110, Permit No. 11, Petition 67-5-5-1, Permit Nos. 108 & 11 , in the amount of $53,500.00 by Travelers Indemnity Company of Hartford, Connecticut, the bond issued by Travelers Indemnity Company in the amount of $3,000.00 for K & L Development Corporation and cash bond by Redford Topsoil Contractors in the amount of $300.00 posted with the City in connection with topsoil removal operations performed under Permit #100 issued to K & L Development Corporation, it appears from the above report that all ordinance, rules and regulations have been complied with and the City Clerk is herein authorized to do all things necessary to the full per- formance of this resolution. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Tunis, acting secretary, announced that the next item on the agenda is letter dated November 20, 1969 from Frank Kerby relating to release of bond on Topsoil Permit TA 97 concerning removal of topsoil on property located on the east side of Merriman Road, south of Eight Mile Road, in the Northwest 1/4 of Section 2. I 8810 Mr. Tent stated that a letter had been forwarded to Mr. Kirby to take action Cof on this matter and he returned it stating it was not in his power, that the Planning Commission would be the one to take action. IL; There was a short discussion with Mr. Halansky on previous topsoil matters. Mr. Halansky stated in 1963 inspection was made prior to the issuance of the last permit; all violations approved; the last permit was issued, personal property taxes paid and the top soil never removed even with the permit; he said the land was sold to Elliot Schubiner and release of 1/2 the top soil removal was requested; the remaining soil was left on the premises and used by the present developer; he stated that there was no ingress or egress; they could not use the easement to go into Eight Mile Road and the City wouldn't let them use Farmington Road - the permit expired. He stated that the Com- mission has the performance bond which has long since expired and he cannot get release of the money until the Commission writes a letter for him to get such money. Mr. Tent read part of a letter dated September 30, 1969 regarding the Merriman Apartment complex - there was a short discussion regarding the fact that the property has since been developed and the top soil used; past work done with- out violations, etc. Mr. Halansky asked that a letter be sent to Mr. William H. Jamens of 2608 Pulasky, Hamtramck. On motion duly made by Mr. LaBo, seconded by Mr. Tunis and unanimously carried, it was #2-15-70 RESOLVED that, pursuant to the recommendations and report of the Bureau of Inspection dated November 20, 1969, the City Planning Commission does herein authorize the release of the bond, No. TA-97 dated August 23, 1963 in the amount of $10,000 by United Bonding Insurance Company of Indianopolis, Indiana posted with the City in connection with topsoil removal operations performed under Permit No. 94 (Application TA 97) issued to William H. Jamens, it appears from the above report that all ordinances, rules and regulations have been complied with and the City Clerk is herein authorized to do all things necessary to the full performance of this resolution. Mr. Tent declared the foregoing motion carried and the resolution adopted. Mr. Tunis, acting secretary, announced the next item on the agenda is approval of minutes for the Planning Commission meetings held on November 18, 1969 and December 9,1969. On motion duly made by Mr. Colomina, seconded by Mr. Moser and unanimously carried, it was #2-16-70 RESOLVED that, the minutes for the Planning Commission meetings held on November 18, 1969 and December 9, 1969, be approved, as amended. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. 8811 Mr. Tunis, acting secretary, declared the next item on the agenda is • resolution commending Prank E. Santo for his service on the Planning Commission. • On motion duly made by Mr. Moser, seconded by Mr. Colomina and unanimously ' carried, the following resolution was proposed: #2-17-70 WHEREAS, FRANK E. SANTO has diligently served on the City Planning Commission for one and one quarter years and has unselfishly given of his time and talents to help make Livonia a better City in which to live, work and play; and WHEREAS, in the course of such service he has offered constructive suggestions and ideas to implement the effectiveness of the Planning Commission; and WHEREAS, he has withstood public pressure to make unbiased judge- ments for the betterment of the entire City; and WHEREAS, his dedication and spirit of fairness will be an example for all public officials and public servants; NOW, THEREFORE, BE IT RESOLVED that the City of Livonia Planning Commission and Planning Director take this means to express their sincere appreciation and heartfelt thanks to FRANK E. SANTO for a job well done. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. I Mr. Tunis, acting secretary, stated the next item on the agenda is a letter dated February 9, 1970 from Minnie and Morton Katz, requesting to withdraw Petition 69-8-3-8. Mr. Hull stated that this was a petition which came up a few hearings ago and they have had difficulty with Detroit Edison, having reached a stalemate, so Mr. Katz has been asked to withdraw until this can be resolved, which is the purpose of this letter, On motion duly made by Mr. Colomina, seconded by Mr. Tunis, and unanimously carried, it was #2-18-70 RESOLVED that, petitioner, Minnie and Horton Katz, be permitted to withdraw Petition 69-8-3-8 pursuant to their written request dated February 9, 1970. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. On a motion duly made by Mr. Tunis, seconded by Mr. Moser, and unanimously carried, the City Planning Commission adjourned its 214th Regular Meeting held on February 17, 1970 at approximately 10:20 p.m. CITY PLANNING COMMISSION hTT T: Ator 40. I-ym.; too Te t, Cha rman , „ Dow nis,•`AetingTS&of tart'