Loading...
HomeMy WebLinkAboutPLANNING MINUTES 1971-07-20 9215 • MINUTES OF THE 231st REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF . LIVONIA On Tuesday, July 20, 1971, the City Planning Commission of the City of Livonia held its 231st Regular Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Daniel R. Andrew, Chairman, called the Public Hearing to order at 8:05 p.m. with approximately 100 interested persons in the audience. Members Present: Daniel R. Andrew Joseph J. Falk Charles Pinto Francis M. Hand Suzanne Taylor Herman Kluver Joseph J. Talbot Members Absent: H. Dow Tunis (on vacation) Messrs. John J. Nagy, Planning Director; Ralph H. Bakewell, Planner IV; and Robert M. Feinberg, Assistant City Attorney, were also present. Mr. Hand, Secretary announced the first item on the agenda, Petition 71-6-1-35 by Jerome L. Schostak and Nat Korash requesting to rezone property located on the north side of Seven Mile Road, west of Farmington Road in the Southeast 1/4 of Section 4, from P.S. to C-2. Mr. Nagy stated there is a letter on file from the Wayne County Road Commission indicating no objections. There is also a letter on file from the Engineering Depart- 110 ment. Mr. Duggan representing Schostak and Korash was present. Mr. Hand asked Mr. Duggan how large each shop would be. The architect for the center answered that there would be approximately 2,000 ft. available for each specialty shop. Mr. Tom Zander, 19239 Shadyside was present and stated that he was very much against the K-Mart Department store. He stated that Seven Mile Road would never be able to handle the traffic that this center would generate. Mr. Kossin, 19241 Shadyside was present and wanted to register his complaint against the zoning of P.S. to C-2. Mrs. Owen, 33599 W. Seven Mile Road was present and stated that she is a business- woman and agrees that this must be zoned C-2 to agree with the rest of the parcels surrounding the area. Mr. Ford, 19475 Shadyside, was also present and stated at one time they could not build because of lack of sewers . Now he feels there are not sufficient streets. He stated that they have traffic on Seven Mile Road that endangers their lives. Mr. Andrew asked for a showing of hands of all those in the audience that were opposed to this shopping complex. A count of the raised hands showed seven objectors to the complex. There was no one else wishing to be heard and the Chairman declared the public hearing closed. 7G1/ #7-200-71 RESOLVED that, pursuant to a Public Hearing having been held on 1610 July 20, 1971 on Petition 71-6-3-5 initiated by City Council Resolution #1041-70 pursuant to Ordinance #29, as amended by Ordinance #50, requesting to vacate a portion of Gable Street located between Purlingbrook and Flamingo, and a portion of St. Martins Street located between Flamingo and Milburn in the South 1/2 of Section 2, the City Planning Commission does hereby recommend to the City Council that Petition 71-6-3-5 be approved provided that (1) with respect to the vacating of St. Martins Avenue, the north twelve feet of the existing street be maintained as a private easement for public utilities; (2) crossing St. Martins Avenue in a northerly and southerly direction between Flamingo and Milburn, a six foot private easement on each side of existing pole lead for the joint use of Michigan Bell Telephone Company and the Detroit Edison Company; and (3) that a six-foot easement be maintained on each side of existing pole lead running northerly and southerly across Gable for the joint use of Michigan Bell Telephone Company and the Detroit Edison Company, for the following reasons: IL (1) These streets are not needed to service the area. (2) The abutting property owners have requested that these streets be vacated. (3) It is in the best interests of the City to vacate streets that are not needed, thereby reducing the burden on the City to provide and maintain services . FURTHER RESOLVED, that notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of June 30, 1971, and notice of such hearing was sent to the Detroit Edison Company, Michigan Bell Telephone Company, Chesapeake & Ohio Railway Company, Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition a71-h-3-2 2 byr of Lmond9E. Wild requesting to vacate a portion of aneasement nd 100, Beverly Garden Subdivision, located on the west side of Sunset between Pickford and Clarita, in the Northwest 1/4 of Section 11. to, is a letter on file from the Engineering Office and the utility companies stating no objections. There was no one present wishing to be heard on this item and the Chairman declared the public hearing closed. On a motion duly made by Mr. Kluver, seconded by Mrs . Taylor and unanimously adopted it was 9216 On a motion duly made by Mr. Talbot, seconded by Mr. Kluver and unanimously adopted f it was #7-199-71 RESOLVED that, pursuant to a Public Hearing having been held on July 20, 1971 on Petition 71-6-1-35 as submitted by Jerome L. Schostak and Nat Korash requesting to rezone property located on the north side of Seven Mile Road, west of Farmington Road in the Southeast 1/4 of Section 4, from P.S. to C-2 the City Planning Commission does hereby recommend to the City Council that Petition 71-6-1-35 be approved for the following reasons: (1) It is a logical extension of the existing zoning of the area. (2) It will allow for the implementation of a site plan previously approved by the City Council. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of June 30, 1971 and a 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. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Hand, Secretary announced the next item on the agenda, Petition 71-6-3-5 initiated by Council Resolution #1041-70 pursuant to Ordinance #29, as amended by Ordinance #50, requesting to vacate a portion of Gable Street located between Purlingbrook and Flamingo, and a portion of St. Martins Street located between Flamingo and Milburn in the South 1/2 of Section 2. !hl; Mr. Nagy stated there is a letter on file from the Engineering Department advising there were no objections. Also Consumers Power indicates no objection. Detroit Edison indicates no objection with the exception of the recommendation that an easement be retained in the area for use by Detroit Edison and Michigan Bell Telephone Comp any. Mr. Robert Sherman, 19600 Milburn was present and approves of the vacating of the streets. Mrs. Lloyd Sprinkle, Hillcrest Avenue was present and approves of the vacating. Harold Grove, resident of subdivision was present and stated that he approved of the vacating. Also a petition was submitted at this time with about 100% of the signatures of the homeowners in the area who indicated their approval of the vacating. • There was no one else present wishing to be heard and the Chairman declared the public hearing closed. On a motion duly made by Mr. Falk, seconded by Mr. Hand and unanimously adopted it tillr was, 9218 #7-201-71 RESOLVED that, pursuant to a Public Hearing having been held on July 20, 1971 on Petition 71-5-3-2 as submitted by Raymond E. Wild requesting to vacate a portion of an easement at the rear of lots 99 and 100 of Beverly Garden Subdivision, located on the west side of Sunset between Pickford and Clarita in the Northwest 1/4 of Section 11, the City Planning Commission does hereby recommend to the City Council that Petition 71-5-3-2 be approved for the following reasons: (1) There is no public necessity to retain this portion of the easement. (2) The utility companies have no objection to vacating this portion of the easement. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of June 30, 1971, and notice of such hearing was sent to the Detroit Edison Company, Michigan Bell Telephone Company, Chesapeake & Ohio Railway Company, Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-6-1-39 by the City Planning Commission on its own motion to rezone property located on the east side of Farmington Road between Eight Mile Road and Norfolk in the Northwest 1/4 of Section 3, from C-2 to R-3. Mr. Clarence Charest, Attorney representing Supreme Tri-Bit Company, was present and stated he petitioned the Commission to eliminate Lot 18 because of the operation of Supreme Tri-Bit on Lot 17A which was zoned to accommodate this plant. Lot 18 was purchased because of a lack of parking space on 17A. Mr. Charest said he understood that they could use this Lot 18 on a non-conforming use permit but that they did not buy this property to use it in a non-conforming way and they oppose the rezoning violently. Mr. Andrew asked Mr. Charest whether they would be adverse to this parcel being zoned for parking. Mr. Charest replied that he would have to check with his client. Mr. Don Deremo, Attorney, was present and stated that his clients had bought 2 pieces of property zoned C-2 seven months ago and that they oppose the rezoning. Mr. Eliasson, Attorney for Flame Restaurants , Lot 8A, WE present and stated that they had paid C-2 prices for property and they objected to the rezoning. Mr. Bert Herzog, Attorney representing Mr. and Mrs. Kayl's and also Grime's property stated that if purchasers of this property were unable to use property for what they were bought for they will default on the land contract this property was purchased on, thereby creating hardships on sellers who have retired and moved north. Mr. Arthur Sills, Attorney representing owner of Lot 9A, stated that his client objects !LIS to the rezoning. Elmer Olson, owner of property adjacent to Grimes property stated that he had owned property for 16 years and it was bought as C-2 and he objected to the rezoning. Clyde Centers, 20230 Farmington Road, was present and stated that he objected to the rezoning. o There was no one else wishing to be heard on this item and the Chairman declared the public hearing closed. On a motion duly made by Mr. Hand, seconded by Mr. Falk and adopted, it was RESOLVED that, pursuant to a public hearing having been held on July 20, 1971 on Petition 71-6-1-39 as submitted by the City Planning Commission on its own motion to rezone property located on the east side of Farmington Road between Eight Mile Road and Norfolk in the Northwest 1/4 of Section 3, from C-2 to R-3, the City Planning Commission does hereby recommend to the City Council that Petition 71-6-1-39 be approved for the following reasons: (1) The present zoning classification is inconsistent with the prevailing uses within the area. (2) The area is an established residential neighborhood and C-2 uses would tend to destroy the stability of the area. (3) There is no need to retain this quantity of C-2 zoned lands since there already exists an abundance of unused C-2 zoned lands within the area. (4) In order to provide for and maintain the stability of the residential area, residential zoning should be established Lin place of the commercial zoning. (5) 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. Farmington Road is already overly burdened with traffic and the addition of traffic from a strip commercial center could adversely affect its traffic-carrying capacity. FURTHER RESOLVED that, notice hoLivonia Observer,f the ove cunder1dateaofpJunes30a iin the official newspaper, te • 1971 and a notice of such hearing was sent to them etroit Eldisonted CoCompany, Chesapeake & Ohio Railway Company and City P the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Falk, Hand Andrew NAYS: Kluver, Pinto, Talbot, Taylor, ABSENT: Tunis • The Chairman declared the motion not carried and a new motion made by Mrs. Taylor, seconded by Mr. Kluver and adopted it was 1 7LLU #7-202-71 RESOLVED that, pursuant to a public hearing having been held on July 20, 1971 on Petition 71-6-1-39 as submitted by the City IL Planning Commission on its own motion to rezone property located on the east side of Farmington Road between Eight Mile Road and Norfolk in the Northwest 1/4 of Section 3, from C-2 to R-3, the City Planning Commission does hereby determine to table this item until its next study session for further study. A roll call vote on the foregoing resolution resulted in the following: AYES: Falk, Kluver, Pinto, Talbot, Taylor, Andrew NAYS: Hand ABSENT: Tunis Mr. Andrew, Chairman declared the motion carried and the foregoing resolution adopted. • A brief recess was announced at 9:20 p.m. Mr. Hand announced the next item on the agenda, Petition 71-6-1-41 by the City Planning Commission on its own motion to rezone property located on the west side of Newburgh south of Six Mile Road in the East 1/2 of Section 18, from R-3 to P.L. There was no one present wishing to be heard on this item and Mr. Andrew declared the public hearing closed. On a motion duly made by Mr. Kluver, seconded by Mr. Hand and unanimously adopted it was 4 #7-203-71 RESOLVED that, pursuant to a Public Hearing having been held on July 20, 1971 on Petition 71-6-1-41 by the City Planning Commission on its own motion to rezone property located on the west side of Newburgh Road south of Six Mile Road in the East 1/2 of Section 18, from R-3 to P.L. , the City Planning Commission does hereby recommend to the City Council that Petition 71-6-1-41 be approved for the following reason: (1) This will allow for the zoning classification to reflect the land use. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of June 30, 1971 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and the City Departments as listed in the Proof of Service. • 1 r 9221 I The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-6-1-37 by Marvin Moser, Mayfair Realty Company, for Duane and Kathryn Peltier, requesting to rezone property located at the northwest corner of Middlebelt Road and Greenland in the Northeast 1/4 of Section 14, from RUF to C-1. Mrs. Parsons, 29504 Greenland was present and asked Mr. Moser where the parking and wall would be located. Mr. Moser explained to her satisfaction. There was no one else present wishing to be heard on this item and the Chairman declared the public hearing closed. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was 4#7-204-71 RESOLVED that, pursuant to a Public Hearing having been held on July 20, 1971 on Petition 71-6-1-37 as submitted by Marvin Moser, Mayfair REalty Company for Duane and Kathryn Peltier, requesting to rezone property located at the northwest corner of Middlebelt and Greenland in the Northeast 1/4 of Section 14, from RUF to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 71-6-1-37 be denied for the following reasons: (1) The proposed zoning classification is inconsistent with the Commission's policy of discouraging strip commercial zoning along the mile roads. (2) The proposed zoning classification is not a logical extension of the zoning pattern within the area. (3) The proposed zoning classification would be detrimental to the abutting residential neighborhood. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of June 30, 1971, and notice of such hearing was sent to the Detroit Edison Company, Michigan Bell Telephone Company, Chesapeake & Ohio Railway Company, Consumers Power Company, City Departments as listed in the Proof of Service. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-6-1-38 by the City Planning Commission, pursuant to a letter from Hearthstone Homeowner's Association, to rezone property located south of 111WEight Mile Road at the entrance to the Hearthstone Subdivision, in the North 1/2 of Section 1, from C-1 to P.S. Letters on file from utility companies and Engineering Department indicating no objections. Harry Sands, Brentwood Avenue was present and stated that he did not think 9222 it unreasonable to change this zoning. IL- There was no one else wishing to be heard and the Chairman declared the public hearing closed. On a motion duly made by Mr. Falk, seconded by Mr. Kluver and unanimously adopted it was, #7-205-71 RESOLVED that, pursuant to a Public Hearing having been held on July 20, 1971 on Petition 71-6-1-38 as submitted by Hearth- stone Homeowner's Association requesting to rezone property location south of Eight Mile Road at the entrance of the Hearthstone Subdivision, in the North 1/2 of Section 1, from C-1 to P.S. , the City Planning Commission does hereby recommend to the City Council that Petition 71-6-1-38 be approved for the following reasons: (1) The proposed zoning classification will provide for uses that will be compatible to the surrounding area. (2) Professional services will provide a buffer zone separating the residential neighborhood from the Eight Mile Road corridor. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of June 30, 1971, and a notice of such hearing was tool 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. CO The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-6-1-42 by the City Planning Commission on its own motion to rezone property located south of Seven Mile Road between Harrison Avenue and Lathers in the Northeast 1/4 of Section 12, from RUF to P. Mr. Lelonde, 18943 Lathers, was present and wanted to know why a parking lot was permitted without notification. Mr. Andrew stated that construction of a parking lot does not require notification to abutting residential property owners. There was no one else wishing to be heard on this item and the Chairman declared the public hearing closed. On a motion duly madeb y Mr. Talbot, seconded by Mr. Hand and unanimously adopted it was #7-206-71 RESOLVED that, pursuant to a Public Hearing having been held on July 20, 1971 on Petition 71-6-1-42 as submitted by the LCity Planning Commission on its own motion requesting to rezone property located south of Seven Mile Road between Harrison Avenue and Lathers in the Northeast 1/4 of Section 12, from RUF to P. , the City Planning Commission does hereby recommend to the City Council that Petition 71-6-1-42 be approved for the following reasons: 9223 (1) It is logical to have the zoning classification reflect the actual use of the land. (2) Provisions for parking, when well-screened, will not adversely affect the stability of the adjacent area. FURTHER RESOLVED that, notice of the above Public Hearing was published in the official newspaper, the Livonia Observer, under date of June 30, 1971, and a 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. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-6-2-20 by Richard C. Gregory requesting to be granted a waiver use permit to fill the south portion of a vacant lot located on the north side of Terrence Drive between Middlebelt and Harrison in the Northwest 1/4 of Section 13, making it suitable for a residential building. Mr. Gregory was present and stated that he was petitioning the Council for permission to fill land to build a residence and further he feels that he would not be prohibiting flood plain but rather that this is an irregularity in the creek and it would not prohibit flow of creek but would improve the flowing of the water. tri The Engineering Department indicates no objection to the petition. They state that some fill would improve flow of creek. They also reminded that IP Flood Plain Control permission must be gained. Jerry Kendall representing mother and sister who live on adjacent property was present and stated that Mr. Gregory wants to fill in a part of their property also and where would their displaced water go. Mr. Nagy advised that Livonia Drain #5 would take it up, and also the irregularity would be improved in Drain #5. . Mr. William Masterson, 16450 Savoie, resident of dwelling north of projected fill property was present and stated that they needed all the flood plain that they could get; not any less. He stated there has been as much as four feet of water in the flood plain and that he has lost ten trees from eroding action caused by water. Mr. Hand asked Mr. Gregory how many feet of fill was involved. Mr. Gregory stated four or five feet but it would still remain a valley. There was no one else wishing to be heard on this item and the Chairman declared the public hearing closed. A.motion duly made by Mr. Falk and lacking support was not recognized. A motion duly made by Mr. Hand, seconded by Mr. Pinto and adopted it was #7-207-71 RESOLVED that, pursuant to a public hearing having been held on July 20, 1971 on Petition 71-6-2-20 as submitted by Richard C. Gregory requesting to be granted a waiver use permit to fill 9224 the south portion of a vacant lot located on the north side ii 10 of Terrence Drive between Middlebelt and Harrison in the Northwest 1/4 of Section 13, making it suitable for a residential building, the City Planning Commission does hereby determine to table this item for further study, ' and requests a report and recommendation from the Eng- ineering Department regarding the effects of this land fill operation on surrounding properties. A roll call vote on the foregoing resolution resulted in the following: AYES: Kluver, Pinto, Talbot, Taylor, Hand, Andrew NAYS: Falk ABSENT: Tunis Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Preliminary Plat Approval for Farmington-Plymouth Industrial Complex, proposed to be located north of Plymouth Road, south of the Chesapeake & Ohio Railway, in the South 1/2 of Section 27. Mr. Jim Fraus of Nowak & Fraus was present and available for questions. Mr. Nagy stated there were no objections from utilities or Engineering Department. On a motion duly made by Mr. Pinto, seconded by Mr. Hand an unanimously 11; adopted it was #7-208-71 RESOLVED that, pursuant to a public hearing having been held on July 20, 1971, the City Planning Commission does hereby recommend to the City Council that the Preliminary Plat of Farmington-Plymouth Industrial Complex proposed to be located north of Plymouth Road, south of the Chesapeake & Ohio Railway in the South 1/2 of Section 27, be approved subject to the following conditions: (1) That an unmountable vertical curb be used on Hubbard Road beginning at the point of intersection with Plymouth Road and terminating north at the point of beginning of Lots 1 and 24 of the proposed subdivision. (2) That any future curb opening within the above described area shall be allowed only if specifically reviewed and approved by the Traffic Bureau and Engineering Department. • (3) That within the above described Hubbard Road right-of-way the traffic island and the planting strip between the curb and the right-of-way line shall be landscaped by sodding with appropriate trees and shrubs planted therein. I (4) That the Engineering Division shall take into consideration the above mentioned conditions and include the same as part of the required improvements to be installed in the subdivision and include the estimated cost of same in establishing the amount of the required subdivision improvement installation bond. FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor and City Departments as listed in the Proof of Service, and copies of the plat together with notice have been sent to the Building Department Superintendent of Schools, Fire Department, Police Department and Parks and Recreation Department. Section 6.07 (2) Subdivision Rules and Regulations states "The tentative approval will be valid for a period of one (1) year only from the date of the approval resolution - unless the subdivider applies for and obtains an extension of such period." Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Andrew announced a brief recess at 10:55 p.m. Mr. Hand announced the next item, Council REsolution #510-71 requesting the Planning Commission to determine whether or not Lots 62 and 85 of Brightmore Home Acres Subdivision should be rezoned to a more appropriate zoning classification. On a motion duly made by Mr. Kluver, seconded by Mr. Falk and unanimously adopted it was #7-209-71 RESOLVED that, pursuant to City Council Resolution #510-71 requesting a report and recommendation from the City Planning Commission on the question as to whether Lots 62 and 85 of Bright- moor Home Acres Subdivision which are located on the north side of Rayburn between Woodring and Loveland in Section 13 should be rezoned to a more appropriate zoning classification, the City Planning Commission, having studied the area in question, does hereby determine that the existing R-3 zoning classification is the appropriate zoning classification for the area and deems it advisable that no further action be taken on this matter. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Approval of the Landscape Plan for Clarenceville Methodist Church submitted pursuant to a condition of Waiver Use Petition 71-4-2-16. • On a motion duly made by Mr. Pinto, seconded by Mr. Kluver and unanimously adopted it was #7-210-71 RESOLVED that, the Landscape Plan dated June 18, 1971 prepared lip by Begrow & Brown, Architects, submitted in connection with Petition 71-4-2--16 requesting a waiver use permit to erect and connect a sanctuary, chapel and administrative offices to the existing educational unit and fellowship hall of the Clarenceville United Methodist Church located on the east side of Middlebelt Road between Morlock and Norfolk Avenue in the Northwest 1/4 of Section 1, is hereby approved subject to the following conditions: 9226 (1) That all landscape material as shown on the approved plan shall be installed before the issuance of a Certificate of Occupancy. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Petition 71-3-7-9 by the City Planning Commission, pursuant to Council Resolution 4188-71, to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, by incorporating Tax Parcel 09G1 located at the northwest intersection of Six Mile Road and Farmington Road in Section 9, as a park site. On a motion duly made by Mr. Talbot, seconded by Mr. Kluver and unanimously adopted it was, ##7-211-71 RESOLVED that, pursuant to a Public Hearing having been held on July 20, 1971 on Petition 71-3-7-9 as submitted by the City Planning Commission, pursuant to Council Resolution #188-71, to amend Part V of the Master Plan of the City of Livonia, the Master School & Park Plan, by incorporating Tax Parcel 09G1 located at the northwest intersection of Six Mile Road and Farmington Road in Section 9 as a park site, the City Planning Commission does hereby determine to withdraw Petition 71-3-7-9 and deems that no further action by the City be taken on this matter. The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Hand announced the next item on the agenda, Resolution by the City Planning Commission commending Marvin 0. Moser for service rendered to the City as a member of the Planning Commission. The following resolution was adopted by the Commission: #7-212-71 WHEREAS, Marvin 0. Moser has diligently served on the City Planning Commission for five and one half years and has unselfishly given of his time and talents to help formulate development policies and guide its growth and development in an orderly manner; and WHEREAS, he has withstood public pressure to make unbiased judgements for the betterment of the entire City; and WHEREAS, his willingness to participate and give freely of his time for all worthwhile causes relating to the improve- ment of out City is 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 MARVIN 0. MOSER for a job well done. Mr. Hand announced the next item on the agenda, letter dated July 12, 1971 from John M. Sanders , President of Fred Sanders, requesting a six-month extension of Waiver Use Permit granted under Petition !LLI 70-4-2-8 by Fred Sanders requesting to be granted a waiver use permit to construct and operate a retail baked goods and confectionary store together with an ice cream parlor type restaurant on property located on the east side of Middlebelt north of Seven Mile Road in the Southwest 1/4 of Section 1. On a motion duly made by Mrs. Taylor, seconded by Mr. Falk and unanimously adopted it was #7-213-71 RESOLVED that, pursuant to a request dated July 12, 1971 from John M. Sanders, President of Fred SAnders, Inc. , re- questing a six-month extension of waiver use permit granted under Petition 70-4-2-8 by Fred Sanders requesting to be granted a waiver use permit to construct and operate a retail baked goods and confectionery store together with an ice cream parlor type restaurant on property located on the east side of Middlebelt, north of Seven Mile Road in the Southwest 1/4 of Section 1, the City Planning Commission does hereby determine to deny an extension to the waiver use permit for the following reasons : (1) A use of this type will generate a high volume of traffic that could conflict with the traffic flow along Middlebelt Road. (2) The proposed use conflicts with the spirit of the Master Plan for the Livonia Mall Study area. (3) A use of this type would have an adverse effect on the adjacent development and detract from the stability of the general area. (4) The proposed use is not of such location, size and character that it will be in harmony with the approriate and orderly development of the surrounding area. (5) There are numerous similar existing facilities within the general area that will provide a similar service to the people of the City. (6) There are engineering problems relating to sanitary sewer and storm drainage that must be resolved before development can take place on this site. It appears that it would be difficult to resolve all engineering • problems within the one-year period for which time a waiver use extension is normally granted. • Mr. Hand announced the next item on the agenda, approval of the minutes of the meeting held by the City Planning Commission held on June 15, 1971. On a motion duly made by Mr. Hand, seconded by Mr. Falk and adopted it was, #7-214-71 RESOLVED that, the minutes of the meeting held by the City Planning Commission on June 15, 1971 are approved. A roll call vote on the above resolution resulted in the following: AYES: Falk, Pinto, Talbot, Taylor, Hand, Andrew NAYS: None ABSTAIN: Kluver ABSENT: Tunis Mr. Hand announced the next item on the agenda, Petition 71-7-5-3 by Siever Construction Corporation and the Felician Sisters, O.S.F. requesting to remove soil from property located on the north side of Schoolcraft between Newburgh Road and Levan Roads in the Southwest 1/4 of Section 20. Mr. Nagy advised that the Engineering Department had no objections and requested that a $1,000 cash bond be posted in connection with this operation. On a motion duly made by Mr. Pinto, seconded by Mrs. Taylor and unanimously adopted it was #7-215-71 RESOLVED that, in conformance with Section 18.13D of Ordinance No. 543 the Zoning Ordinance of the City of Livonia, the City Planning Commission does hereby grant Petition 71-7-5-3 by Siever Construction Corporation and the Felician Sisters, O.S.F. requesting to remove soil from property located on the north side of Schoolcraft between Newburgh and Levan Roads (a part of Item 12b2a, 12b 3a) in the Southwest 1/4 of Section 20 subject to the approval by the Police Department of t the ingress and egress locations during the period of time that the work is in progress, and subject to the following conditions of the Engineering Department: (1) That the contractor, Siever Construction Corporation, post a cash bond in the amount of $1,000.00 to insure the restoration of all disturbed property. (2) Existing ground is not to be removed lower than two feet (2') above the centerline of the existing Schoolcraft Road improve- ment. (3) That the other conditions set forth in the agreement dated July 2, 1971 between Siever Construction Corporation and the Felician Sisters, O.S.F. , be adhered to. FURTHER RESOLVED that, the applicant deposit with the City Clerk a cash bond in the amount of $1,000.00; such bond shall be for an indefinite period until released and discharged by resolution of the City Planning Commission; and FURTHER RESOLVEI? that, the applicant shall apply for and obtain the permit herein authorized within thirty (30) days from the date of this resolution. r 9229 1410 The Chairman declared the motion carried and the resolution adopted. On a motion duly made, seconded and unanimously adopted, the 231st Regular Meeting was adjourned at 11:35 p.m. CITY PLANNING COMMISSION )/) 4A4 Francis M. Hand, Secretary ATTESTED: Daniel R. Andrew, Chairman IL, • • f