HomeMy WebLinkAboutPLANNING MINUTES 1973-05-22 •
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MINUTES OF THE 258th REGULAR
MEETING AND A PUBLIC HEARING
IL HELD BY THE CITY PLANNING
COMMISSION OF THE CITY OF
LIVONIA
On Tuesday, May 22, 1973, the City Planning Commission of the City of Livonia
held its 258th 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 and Regular Meeting
to order at 8:05 p.m. with approximately 15 interested persons present.
Members present: Daniel R. Andrew David Merrion Joseph J. Falk
Francis M. Hand Charles Pinto
Joseph Talbot Suzanne Taylor
Members absent: Herman Kluver (company business)
Esther Friedrichs (vacation)
Mr: Andrew informed the audience that if a petition on the evening's agenda
involved a question of rezoning or vacating then the Planning Commission would
only recommend to the City Council that certain action be taken whereupon the
• Council would ultimately decide whether or not to approve, or deny the petition.
Further if a petition involved a waiver of use approval that is denied, the
petitioner then had ten days in which to appeal the decision to the council.
. Falk, ActingIL
Secretary, announced the first item on the agenda, Petition
73-4-1-16 by Charest, Clancy & Katulski to rezone property located
on the east side of Middlebelt Road, south of Morlock in the
Northwest 1/4 of Section 1, from RUF to C-2.
• Mr. Shane: Engineering Department reports that there are no storm
sewers readily available but will be in a reasonable
period of time. A letter from Superintendent McDowell,
Clarenceville School District stated he was unable to give
an opinion whether a restaurant should or should not be
built on this site.
Mr. Katulski: The size of the parcel is 196 x 607 ft. We are in the
process of trying to obtain lot 380a to construct an
office building to create a buffer between the school
and the church. We would like to construct a restaurant
whose hours of operation would be from 11 A.M. to 9 P.M.
There would be no liquor on the premises. It will be a
Greek-American family style restaurant.
Mr. Andrew: • Does your client have Class "C" liquor license?
Mr. Katulski: Yes.
16:
Mr. Andrew: What are the days of operation?
Mr. Katulski: Seven days a week.
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Mr. Andrew: Is energy being exerted to obtain adjoining property? •
Mr. Katulski: Yes, there is. Mr. Navis is preparing the papers now.
IL, Mr. Andrew: Is there a structure there now?
Mr. Shane: Yes.
Mr. Hand: There are 19 restaurants in that area. What market research
was done to substantiate that another restaurant is reasonable
for this area?
Mr. Katulski: There are many fast service restaurants in the area. This
is a family ethnic restaurant as opposed to Italian or
Chinese.
Mr. Hand: Sutherland, Big Boy, Cordova; they are all sit down family
restaurants. How diyou select this spot for a restaurant?
How much research was done with all the C-2 property available
in this community?
Mr. Katulski: In terms of traffic flow and people, you could not think of
a better place than the Livonia Mall area. We haven't
polled the people to check whether this is the type of
restaurant to place here.
Mr. Hand: You are involved in a north-south artery that carries a
lot of traffic in and through the City. I feel this
operation can be located in an already existing commercial
zone without any problem.
Mr. Falk: I want to go on record that I agree with Mr. Hand. I do
not want to see a series of restaurants down this street.
This Commission has gone on record as being against Commercial,
and with that knowledge people should know that people in that
area have told us what they want. We are their planners and
they told us what is good for this area. I do not want to
see commercial in that area.
Mr. Katulski: I have not heard any out and out disapproval from the residents
of this area.
Mr. Talbot: I am not as against this type of restaurant as I am a "fast
food" restaurant.
•
Mr. Hand: When you look at 19 restaurants in one spot, the logic seems
to elude me for adding another restaurant. We could be
looking at 30 in that area just as well. I think people
will always look for RUF property because it bears a lower
price tag than commercial. I am totally against this practice.
Mr. Merrion: The question is whether we want this particular establishment
4 next to a church and adjacent to a school.
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Mr. Pinto: You know that locating between a school and church, the
chances of you having a liquor license is out of the question. •
I just want to point this out.
fit:
Mr. Katulski: We are not bound to this facade. We could change the facade
to correlate with the church if you so desire. There is more
than enough frontage to create many different buffer zones
if this is what you desire. What we are primarily interested
in is the use itself.
Elsie Johns: I am there 33 years. This church is a tribute to the City.
20410 Collingham They get the rezoning done, the building up and then the
Pastor, -- liquor license. I know money talks. If your want a battle
Clarenceville on your hands you ask for a liquor license and you will
Methodist Church have a battle on your hands. There are 1300 members in
my church.
George Mannos: I was the prior owner of the existing restaurant that Gus
900 N. Gully Rd. Mareskes has now. There are many churches around the existing
Dearborn restaurant and they get along very well with the adjacent
community.
There was no one present wishing to be heard and the Chairman closed the public
hearing on this petition.
• On a motion duly made by Mr. Hand, seconded by Mrs. Taylor and unanimously adopted
it was,
IL:
#5-133-73 RESOLVED that, pursuant to a public hearing having been held on
May 22, 1973 on Petition 73-4-1-16 as submitted by Charest,
Clancy & Katulski requesting to rezone property located on the
east side of Middlebelt Road, south of Morlock in the Northwest
1/4 of Section 1, from RUF to C-2, the City Planning Commission
does hereby recommend to the City Council that Petition 73-4-1-16
be denied for the following reasons:
(1) The proposed zoning change would adversely affect and be
detrimental to the nearby permitted uses of the residential
district.
(2) The proposed zoning change represents spot zoning in that
the parcel proposed to be changed to commercial zoning is
unrelated to and incompatible with the established residential
zoning of the neighborhood.
(3) The proposed zoning change would not provide for the orderly
growth and development of the surrounding area but would lead
to further expansion of commercial zoning in this area and would
cause the establishment of a strip commercial district in this
area.
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FURTHER RESOLVED that, notice of the above public hearing was
IL published in the official newspaper, the Livonia Observer,
under date of May 5, 1973 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.
The Secretary announced the next item on the agenda, Petition 73-4-1-17 by
Anthony R. Zaguroli to rezone property located on the east side
of Middlebelt between Clarita and Pickford in the Northwest 1/4
of Section 12, from RUF to C-1.
Mr. Shane: The Engineering Department advised there are no storm sewers
available.
Mr. Zaguroli: I want to locate a drapery shop on this site. I have outgrown
a shop in Dearborn.
Mr. Andrew: Do you have a purchase agreement subject to rezoning?
Mr. Zaguroli: Yes
Mr. Hand: Property to the north is a piece of property that this
Commission denied 9-0 for rezoning. It has been the opinion
of a number of Commissioners that zoning of commercial land
on Middlebelt should stop at Clarita. The Livonia Mall is the
is the largest shopping center in this community. It should
be a self-supporting operation. To further support commercial
on Middlebelt Road whether east or west side is just a
planned destruction for Middlebelt Road. It is not being
developed because it is probably priced right out of this
world. Every time we have requests for rezoning it is
• • always residential to commercial. On that basis I cannot
support commercial development on Middlebelt Road.
There was no one present wishing to be heard on this item and the Chairman closed
the public hearing.
On a motion duly made by Mr. Hand, seconded by Mr. Merrion and unanimously adopted
it was
4#5-134-73 RESOLVED that, pursuant to a Public Hearing having been held on
May 22, 1973 on Petition 73-4-1-17 as submitted by Anthony R. Zaguroli
to rezone property located on the east side of Middleblet between
Clarita and Pickford in the Northwest 1/4 of Section 12, from
RUF to C-1, the City Planning Commission does hereby recommend
to the City Council that Petition 73-4-1-17 be denied for the
following reasons:
to (1) The zoning classification of C-1, general commercial,
would allow uses inconsistent with the land use
recommendations of the Livonia Mall Study.
(2) The zoning classification of C-1, general commercial, would
be detrimental to the surrounding residential areas.
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IL (3) The proposed zoning change would provide for an increase
in commercial traffic along a residential street.
(4) To allow commercial uses on the south side of the proposed
circumferential drive which is indicated by the Livonia
Mall Study, would promote the expansion of commercial
use south along Middlebelt Road.
(5) There is no need for additional commercial zoning as
proposed by this petition for this area.
FURTHER RESOLVED that, notice of the above public hearing was
published in the official newspaper, the Livonia Observer, under
date of May 5, 1973 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.
The Secretary announced the next item on the agenda, Petition 73-4-2-9 by Marvin
Chin requesting to be granted a waiver use approval for a Class
C Liquor License within an existing restaurant located on the
south side of Plymouth Road between Inkster Road and Harrison
1114;
in the Northeast 1/4 of Section 36.
There was no one present wishing to be heard and the Chairman closed the public
hearing on this petition.
On a motion duly made by Mr. Pinto, seconded by Mrs. Taylor and adopted it was,
#5-135-73 RESOLVED that, pursuant to •a public hearing having been held on
May 22, 1973 on Petition 73-4-2-9 as submitted by Marvin Chin
requesting to be granted a waiver use approval for a Class C
Liquor License within an existing restaurant located on the
south side of Plymouth Road between Inkster Road and Harrison
in the Northeast 1/4 Section 36, the City Planning Commission
does hereby recommend to the City Council that Petition 73-4-2-9
be approved for the following reasons:
(1) The proposed use is complementary to the principal
restaurant use of the site and building.
(2) The proposed use complies with the requirements of
Zoning Ordinance #543 and the special standards of the
Zoning Ordinance as they relate to Class C Liquor
licensed operations.
with the following conditions:
14,
(1) That the unimproved portion of the parking area be
upgraded by the installation of hard surface paving
to the satisfaction of the Engineering Division.
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(2) That the front yard and right-of way fronting along
Plymouth Road be landscaped as shown on the approved plan
which reflects the Plymouth Road Beautification Plan.
(3) That the landscaping be installed before the proposed
• addition is occupied.
FURTHER RESOLVED, that 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.
A roll call vote resulted in the following:
AYES: Falk, Merrion, Pinto, Talbot, Taylor, Hand
NAYS: Andrew
ABSENT: Friedrichs, Kluver
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, Petition 73-4-1-18 by
the City Planning Commission on its own motion to rezone property
located on the north side of Schoolcraft Road, west of Merriman
Road in the Southeast 1/4 of Section 22, from RUF to P.S.
• Mrs. Steadman: We have lived at this house for fifteen years.
IL 31532 Schoolcraft If it is rezoned they will not have to put up a
wall.
Mr. Andrew: That is right. The Commission is not interested in
creating this rezoning for the berit of the doctors.
We would rather see professional service on Schoolcraft
Road and for this reason and this reason alone.
Mrs. Steadman: We feel that as long as we live there it should remain
zoned as is.
Mr. Hand: We did not intend any aggravation to you and your husband
we thought it would be beneficial to you that is all.
Mr. Shane: Whether it is P.S. or RUF it would not affect your
property whatsoever.
Mr. Campbell: What right do you nine people have to change zoning
9466 Houghton in this City?
Mr. Andrew: Explained to him where they get their power from the Public Acts of Michigan
and the Zoning Ordinance of Livonia.
There was no one else present wishing to be heard and the Chairman closed the
public hearing on this petition.
1[W On a motion duly made by Mr. Pinto, seconded by Mrs. Taylor and unanimously adopted
it was,
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#5-136-73 RESOLVED that, pursuant to a public hearing having been held
on May 22, 1973, the City Planning Commission does hereby approve
the withdrawal of Petition 73-4-1-18 submitted by the City Planning
Commission to rezone property located on the north side of
Schoolcraft Road, west of Merriman Road in the Southeast 1/4 of
Section 22, from RUF to P.S. , for the following reason:
(1) The effected property owner strongly objected to the rezoning.
the rezoning. '
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, Petition 73-4-7-2 by the
City Planning Commission to amend Part V of the Master Plan of the
City of Livonia, the Master School and Park Plan so as to delete
property located approximately 300 feet north of Greenwood Farms
Subdivision, west of Newburgh Road in the East 1/2 of Section 18.
There was no one present wishing to be heard and the Chairman closed the public
hearing on this petition.
On a motion duly made by Mr. Talbot, seconded by Mr. Pinto and unanimously
adopted it was,
#5-137-73 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 May 22, 1973 for the purpose of amending Part V
of the Master Plan of the City of Livonia, the Master School
and Park Plan, the same is hereby amended so as to delete property
located approximately 300 feet north of Greenwood Farms Subdivision,
west of Newburgh Road in the East 1/2 of Section 18, for the
following reason and with the following legal description:
"Portion of Parcel 18D2 - That part of the E. 1/2
of Section 18, T. 1 S. , R. 9 E. , City of Livonia,
Wayne County, Michigan, more particularly described
as beginning at a point on the E. & W. 1/4 line of
said Section 18, distant N. 89° 54' 20" E, 1316.10
ft. from the center 1/4 corner of said Section 18
and proceeding thence N. 0° 19' 30" E. , 182.52 ft. ;
thence N. 89° 54' 20" E. 290 ft. ; thence S. 0° 19 '
30" W. 540 ft. ; thence S. 89° 54' 20" W, 290 ft. ;
thence N. 0° 19' 30" E. , 357.48 ft. to the point of
beginning."
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 & 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 Wayne for recording.
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The Chairman declared the motion carried and the foregoing resolution adopted.
: i
The Secretary announced the next item on the agenda, Petition 73-4-6-10 by the
City Planning Commission pursuant to Council Resolution #230-73
to amend Article XIV of Ordinance #543, the Zoning Ordinance of
the City of City of Livonia, by adding Section 14.06, Site Plan
Review and Approval, and by amending Section 14.07, Waiver Uses,
so as to provide for more permitted uses in the R-E Zoning District.
There was no one present wishing to be heard and the Chairman closed the public
hearing on this petition.
On a motion duly made by Mr. Merrion, seconded by Mr. Talbot and unanimously
adopted it was,
#5-138-73 RESOLVED that, pursuant to a public hearing having been held on
May 22, 1973 on Petition 73-4-6-10 as submitted by the City
Planning Commission pursuant to Council Resolution #230-73 to
amend Article XIV of Ordinance #543, the Zoning Ordinance of the
City of Livonia, by adding Section 14.06, Site Plan Review and
Approval, and by amending Section 14.07, Waiver Uses, so as to
provide for more permitted uses in the R-E Zoning District, the
City Planning Commission does hereby recommend to the City
Council that Petition 73-4-6-10 be approved for the following
reason:
(1) This is a needed tool to regulate and control the development
of the City of Livonia.
FURTHER RESOLVED, that notice of the above public hearing was
published in the official newspaper, the Livonia Observer, under
date of May 5, 1973, 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.
The Chairman declared the motion carried and the foregoing resolution adopted.
* * * * * * * * * * * .* *
The Secretary announced the next item on the agenda, Petition 73-4-7-1 by the
City Planning Commission to amend Part I of the Master Plan of the
City of Livonia, the Master Thoroughfare Plan, by deleting the
planned future location of West Chicago across Tax Parcel 32H1a3a,
east of Levan Road and south of Parkdale Avenue in the Northeast 1/4
of Section 32.
On A motion duly made by Mr. Pinto, seconded by Mr. Hand and unanimously adopted it was,
#5-139-73 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 May 1, 1973 for the purpose of amending Part I of
the Master Plan of the City of Livonia, the Master Thoroughfare
Plan, the same is hereby amended so as to delete the planned
future location of West Chicago across Tax Parcel 32H1a3a, east of
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Levan Road and south of Parkdale Avenue in the Northeast 1/4
IL of Section 32 for the following reason and with the following
legal description:
Parcel 32H1a3a
That part of the N. E. 1/4 of Section 32 described
as beginning at a point on the center line of Levan
Road distant S. 2° 02' 20" W. along the N. and S.
1/4 Section line 1269.50 ft. and S. 0° 28' 43" E.
153.17 ft. and S. 2° 33' 21" E. 40.10 ft. from the
N. 1/4 corner of Section 32 and proceeding thence
S. 87° 57' 50" E. 291.97 ft.; thence S. 2° 02' 20"
W. 272.88 ft. ; thence N. 87° 57' 50" W. 270.09 ft.
to the center line of Levan Road; thence along said
line N. 2° 33' 21" W. 273.21 ft. to the point of
beginning.
(1) The Traffic Consultants, Barton-Aschman Associates, Inc. ,
has recommended that the subject portion of land no
longer is needed for road purposes consistent with
good transportation planning.
(2) Subject portion of land crosses a desirable residential
home site and presently no such use can be made of
such site until the Master Thoroughfare Plan is amended
to delete subject proposed extension of West Chicago
Avenue.
te (3) Both West Chicago Avenue and Levan Road function
independently to carry essentially the same local
subdivision traffic to Wayne Road and Plymouth Road,
respectively, and accordingly to connect the two
streets would serve no real purpose.
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
Plan, of the City of Livonia, the Master Thoroughfare Plan, 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 certifed copy shall also be forwarded to the Register of Deeds
for the County of Wayne for recording.
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, Petition 73-3-1-14 by Marshall
R. Lapin, D.D.S. requesting to rezone property located on the west
side of Houghton, south of West Chicago in the Southeast 1/4 of
Section 31, from R-1 to P.
I:i On a motion duly made by Mr. Hand, seconded by Mrs. Taylor and adopted it was,
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#5-140-73 RESOLVED that, pursuant to a public hearing having been held on
May 1, 1973 on Petition 73-3-1-14 as submitted by Marshall R.
Lapin, D.D.S. requesting to rezone property located on the west
side of Houghton, south of WEst Chicago in the Southeast 1/4 of
Section 31, from R-1 to P. , the City Planning Commission does
hereby recommend to the City Council that Petition 73-3-1-14 be
denied for the following reasons:
(1) The proposed zoning change is not in harmony with and
would be detrimental to, the nearby permitted and established
residential uses.
(2) The proposed zoning change encroaches into an established
residential neighborhood.
(3) The proposed zoning change would encourage non-residential
traffic to utilize a residential street for ingress and
egress purposes into the proposed parking zone.
(4) The proposed zoning change would support a larger commercial
development in this area which would adversely affect 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 April 11, 1973 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.
A roll call vote resulted in the following:
AYES: Falk, Merrion, Pinto, Talbot, Taylor, Hand
NAYS: Andrew
ABSENT: Friedrichs, Kluver
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, Petition 73-5-5-1 by
Jack B. Anglin, requesting to remove topsoil from property
located on the north side of Six Mile Road between Louise and
Stamwich Avenues in the Southeast 1/4 of Section 11.
On a motion duly made by Mr. Pinto, seconded by Mr. Falk and unanimously adopted it was,
#5-141-73 RESOLVED that, in conformance with Section 18.13D of Ordinance
No. 543, the Zoning Ordinance, the City Planning Commission does
hereby grant Petition 73-5-5-1 by Jack B. Anglin, requesting to
remove topsoil from property located on the north side of Six
Mile Road between Louise and Stamwich Avenues in the Southeast
1/4 of Section 11, subject to compliance with regulations of the
Engineering Division and Police Department for the following reason:
(1) The removal of topsoil will not adversely affect any
adjacent development and will not adversely affect
the development potential of the site.
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IL FURTHER RESOLVED that, the applicant deposit with the City
Clerk a corporate surety bond in the amount of $5,000.00
and a cash bond in the amount of $500.00; such bonds shall
be for an indefinite period until released and discharged
by resolution of the City Planning Commission, pursuant to
Section 18.13D of Zoning Ordinance #543; and in addition, a
cash bond in the amount of $500.00 for the maintenance of
Louise Avenue.
FURTHER RESOLVED that, the applicant shall apply for and
obtain the permit herein authorized within thirty days from
the date of this resolution.
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, approval of the minutes
of the 256th Regular Meeting held by the City Planning
Commission on April 10, 1973.
On a motion duly made by Mr. Pinto, seconded by Mr. Merrion and unanimously adopted
it was,
15-142-73 RESOLVED that, the minutes of the 256th Regular Meeting held by
the City Planning Commission on April 10, 1973 are approved.
The Chairman declared the motion carried and the foregoing resolution adopted.
ILThe Secretary announced the next item on the agenda, approval of the minutes
of the 280th Special Meeting held by the City Planning Commission
on April 17, 1973.
On a motion duly made by Mr. Pinto, seconded by Mr. Hand and adopted it was .
#5-143-73 RESOLVED THAT, the minutes of the 280th Special Meeting held by
the City Planning Commission on April 17, 1973 are approved.
A roll call vote resulted in the following:
AYES: Falk, Merrion, Pinto, Talbot, Taylor, Hand
Nays: None
ABSENT: Friedrichs, Kluver
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, approval of the minutes
of the 281st Special Meeting held by the City Planning Commission
on April 24, 1973.
On a motion duly made by Mr. Hand, seconded by Mr. Merrion and adopted it was,
#5-144-73 RESOLVED that, the minutes of the 281st Special Meeting held by
1:
the City Planning Commission on April 24, 1973 are approved.
AYES: Falk, Merrion, Talbot, Hand, Andrew .
ABSTAIN: Pinto, Taylor
ABSENT: Friedrich, Kluver
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The Chairman declared the motion carried and the foregoing resolution adopted.
le; On a motion duly made seconded and unanimously adopted the 258th Regular
Meeting of the City Planning Commission was adjourned at 9:30 p.m.
CITY PLANNING COMMISSION
Q,
4G- of J.9 '1k Acting Secretary
ATTESTED:
Daniel R. Andrew, Chairman