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HomeMy WebLinkAboutPLANNING MINUTES 1954-08-17 Seely Init `CS` page 43 MINUTES OF A PUBLIC HEARING AND THE FORTY-EIGHTH MEETING OF THE CITY PLANNING COMMISSION A Public Hearing and the 48th Regular Meeting of the City Planning Commission was held on Tuesday, August 17, 1954 at the City Hall, Livonia, Michigan. Chairman Peter A. Ventura called the Public Hearing to order at approximately 8:05 p.m. Members present: William Robinson Robert L. Greene H. Paul Harsha Edwin Conway Karle Steinhoff Peter A. Ventura Adelaide Nielsen Dallas F. Hay Rufino Salinas Members absent: None Mr. Malcolm F. Waring, Planning Consultant; Mr. Edward F. Steiner, Director of Public Safety and Chief George E. Harmon, Livonia Police Department were present together with approximately 125 people attending the public hearing and the regular meeting. The secretary read Petition No. Z-55 by The Consumers Power Company asking that the zoning classification of Parcel V located in the Southeast 1/4 of Section 21 and Parcel P located in the Southwest 1/4 of Section 21 situated between Perth and Grennada Avenues having approximately 325 feet frontage on the West side of Stark Road be changed from RUFB to C-2. The secretary also read letters dated August 3, 1954 from the Livonia Fire Department and dated August 10, 1954 from L. Kampman, Coventry Gardens Improvement Assoc. The secretary announced that a petition containing 75 signatures of home owners and owners of property in the City of Livonia opposed to the rezoning of Parcels V and P was filed with the commission August 17, 1954. Messrs. George Mayhew, District Manager and D. H. Gerhard, Division Manager were present. Mr. Mayhew stated that The Consumers Power Co. selected this particular site because they must operate near the center of their operation; the proposed building would be comparable with the rest of the neighborhood; area would be completely landscaped and building would be shielded from the residential area; intend to establish a greenbelt inside of proposed fence. Understood that a park is proposed directly across the street from the cemetery. Stated that as The Consumers Power Co. intends to use only Parcel V suggested that zoning of Parcel P remain RUFB. Property is not to be used for the storage or manufacture of gasoline. The building will be the same type as the one petitioned for previously that was to be located on the East side of Farm- ington North of Plymouth. Stated that the reason the Consumers Power Company did not obtain this property was because there was a title problem. Made an effort to find property already located in a C-2 District. Mr. Fred A. Holmes, 14050 Stark Road stated that he is located approximately 500 feet from the property in question; having 224 feet frontage on Stark Road. Bought the property in 1945 as residential and is against rezoning of Parcels V and P. Fifteen people were present who had signed the petition. Mr. Milton R. Holley, 14821 Farmington Road stated that a cnange would make Lyndon a heavily traveled street and that this change does not belong in area. Secy InitPage 44 Upon a motion duly made by Mr. Greene, seconded by Mr. Steinhoff and unanimously carried, it was RESOLVED that, pursuant to a Public Hearing having been held on August 17, 1954 the City Planning Commission does hereby recommend to tne City Council under aate of August 17, 1954 that Petition No. Z-55 by The Consumers Power Company be denied, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, Tne Livonian, under date of July 29, 1954 and notice of which hearing was sent to Tne Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumers Power Company, City Departments, petitioner, Waring ana Johnson, Planning Consultants as listed in the Proof of Service. The Cnairman declared tne foregoing resolution adopted. The secretary read the petition of Richard L. Novack, M.D. requesting permission to practice medicine at 9924-28 Farmington Road, Lot 1896, Rosedale Gardens Subdivision, No. 11 located on the East side of Farmington Road approximately 30u feet North of Orangelawn Avenue in the Northwest 1/4 of Section 34. Dr. Novack was present and stated that his office hours would no doubt be 9 - 9 and that he intends to provide sufficient parking although he does not have plans available at this time. There would be sufficient land in back of tne nouse (what would be tne yarn) for parking. Chief Harmon stated that until Dr. Novack conforms to parking regulations as stated in the Zoning Ordinance, the Police Department is objecting to the petition. upon a motion duly mace by Mr. Greene, seconded by Mr. Conway and unanimously carriea, it was RESOLVED that, the petition of Richard L. Novack, M.D. requesting permission to practice medicine at 9924-28 Farmington Road, Lot 1896 Rosedale Gardens Subdivision, No. 11 located on tne East side of Farm- ington Road approximately 300 feet North of Orangelawn Avenue in the Northwest 1/4 of Section 34 be tabled in order to give the petitioner an opportunity to present a plot plan showing the parking facilities, ingress ana egress as per Section 13.05 througn 13.10, Zoning Ordinance No. 60. The Chairman declared the foregoing resolution adopted. The secretary read Petition No. Z-54 by Joseph C. Mankvitz asking tnat the zoning classification of Lots 35, 36 ana 37, Parkway Subdivision located on the Northwest corner of Five Mile Road and Foch Avenue in theSoutneast 1/4 of Section 13 be changed from C-1 to C-2. Tne secretary also read letters dated July 14, 1954 from Joseph Mankvitz giving tne names of the owner of Lots 35, 36 and 37, dated August 9, 1954 from Floyd E. Lodge and the recommendation of Waring and Johnson dated July 29, 1954. Melvin T. Lewis, 16101 Schoolcrart, Det. was present representing the petitioner. Mr. Lewis stated that there will be a building to take care of Mr. Mankvitzts one truck but that it generally will be a sales room. The proposed building will be a credit to the community. Mr. Richard O'Dell, 15421 Foch objected to the petition as he felt this was not the proper place for a plumbing business. Mr. Floyd Lodge, 15331 Foch presented a letter from Franz Meihofer objecting to this petition. Mr. Lodge stated that he owns the rear 75 feet of Lots 35, 36, and 37 which he bought three years ago as C-1 property. Six people were present objecting to Petition No. Z-54. Upon a motion duly maae by Mr. hay, seconded by Mr. Greene and unanimously carried, it was RESOLVED that, pursuant to a Public Hearing having been neld on August 17, 1954 the City Planning Commission does hereby recommend to the City Council under date of August 17, 1954 that Petition No. Z-54 by Josepn C. Mankvitz be deniea, ana FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 29, 1954 and notice of which nearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan hell Telephone Company, The Consumers Power Company, City Departments, petitioner and War- ing and Johnson, Planning Consultant as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary read Petition No. Z-56 by Elliot Cohen asking tnat Section 4.09, Zoning Ordinance No. 60 be amended to allow outaoor theaters to be erected and operatea in the City of Livonia, and furtie r tnat he be allowed to erect an outdoor theater on Parcel T being bounded on the South by Plymouth Roaa, on the North by the C & 0 Railway, between Merriman and Middlebelt Road in the Southwest 1/4 of Section 26. Mr. Russell Asnmore, City Attorney arrivea at the meeting at approximately 13:49 p.m. Mr. Ventura stated that the matter of Outaoor Theaters was discussed at the time the Zoning Ordinance was being written at which time there was much objection. Mr. Ventura asked Mr. Harsha to take the Chair. Upon a motion duly made by Mr. Ventura and seconded by Mr. Greene, it was RESOLVED that, pursuant to a Public Hearing having been held on August 17, 1954 the City Planning Commission aoes hereby recommend to the City Council under date of August 17, 1954 that Petition No. Z-56 by Elliot Cohen be denied, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, unaer date of July 29, 1954 and notice or which hearing was sent to The Detroit Edison Company, * 1[1; Chesapeake & Ohio Railway Company, Micnigan bell Telephone Company, The Consumers Power Company, City Departments, petitioner and War- ing and Johnson, Planning Consultant as listed in the Proof of Service. Mr. Robinson suggested that the commission near from the gg petitioner as well as tnose present opposea or in favor of the petition, before taxing roll call ,,;,, on resolution. Approximately 20 people were present opposed to Petition No. Z-56. Chief Harmon presented statistics from 1951 to the present time snowing tne number of accidents on Plymouth Roaa in this area. Investigated the brand River Drive-In ana one located on Telegraph ana concluded that a Drive-In at this location would create a problem in the Police Department to police the treater with the department's present staff. Stated that the Police Department objected to a Drive-In at this location. No one was present representing the petitioner. Upon a motion duly made by Mr. Ventura, seconded by Mr. Ureene and unanimously carried, it was RESOLVED tnat, pursuant to a Public Hearing having been held on August 17, 1954 the City Planning Commission does hereby recommend to the City Council under date of August 17, 1954 that Petition No. Z-5b by Elliot Cohen be aeniea, and FURTHER RESOLVED, notice of the above nearing was publishes in the official newspaper, Tne Livonian, under date of July 29, 1954 and notice of which hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumers Power Company, City Departments, petitioner and War- ing and Johnson, Planning Consultant as listed in the Proof of Service. The Chairman declared tne foregoing resolution adopted. The secretary read the petition or Michael Berry for permission to erect sign 10' X b' at 33900 Plymoutn Road on Parcels AA2b and BB situated on the North side of Plymouth Roaa approximately 930 feet West of Farmington Road in the Southeast 1/4 of Section 28. Messrs. Michael Berry and Sam Zehra were present. Mr. Berry stated that Mr. Zenra has two buildings in existence at this location and that there is presently only one sign wnich will be covered when an additional building is constructed. Confirmed that sign would be about 72.3 feet in from center of street and red and gold neon free standing (not flashing). There was a discussion regarding the proposed color of tne sign. Mr. Berry stated that they will not use the colors red, gold or green as suggested by the commission. Mr. Ventura suggested that petitioner check with tne requirements of the State Highway Department. Mr. Berry stated that tney will put sign far enougn in so that there will be no conflict with the State Hignway Department. No one was present opposed to this petition. Chief Harmon recommended that the sign be erected 100 feet from the center of Plymouth Road and that petitioner conform with Waring and Johnson's31‘. recommendations dated August 7, 1954. 47 Upon a motion duly made by Mr. Conway, seconded by Mr. Salinas and unanimously carried, it was RESOLVED that, pursuant to a Public Hearing having been held on August 17, 1954 the City Planning Commission does hereby grant the petition or Michael Berry to erect sign 10' X 6' at 33900 Plymouth Road on Parcels AA2b and BB situated on tne North side of Plymouth Road approximately 930 feet West ox Farmington Road in the Southeast 1/4 of Section 28 subject to sign being erected 100 feet from center of Plymouth Road and compliance with Waring and Jonnson's recommendation dated August 7, 1954, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner, City Departments, and Waring and donnson, Planning Consultant as listed in the Proof or Service. The Chairman declared the foregoing resolution adopted. The secretary read Petition No. Z-53 by George E. Bacon and Bess L. Haugh asking that the zoning classification of Lots 94, 95 and 96, Newman Joy Road Subdivision located approximately 400 feet North of Joy Road having a frontage of approximately 180 feet on the East side of Middlebelt Road in the Southwest 1/4 of Section 36 be changed from RUFB to C-1. Mrs. Juanita Bacon stated that she purchased Lots 94, 95 and 96 as business in 1947 and that they now have an opportunity to sell lots. The property is 1[44 adjoining the Holliway property who is interested in purchasing it. The house presently located on the property will be moved. No one was present opposed to tne petition. No one was present in favor of the petition. The commission could not establish the fact that tne property was at one time zoned business. Mr. Edwin Conway made the following motion. There was no support to the motion as made. RESOLVED that, pursuant to a Public Hearing having been held on August 17, 1954 the City Planning Commission does hereby recommend to the City Council under date of August 17, 19)4 that Petition No. Z-53 by George E. Bacon and Bess L. Haugh be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 29, 1954 and notice of wnicn hearing was sent to the Detroit Edison Company, Chesapeake & Onio Railway Company, Michigan Bell Telephone Company, The Consumers Power Company, City Departments, petitioner and War- ing and Johnson, Planning Consultants as listed in the Proof of Service. IL: Mrs. Bacon stated that she does not have the deed restrictions to the property but that it was sold to her as business property as they operated a cleaners for some time. Received no objection to the cleaners when they were in operation. z) Chairman Peter A. Ventura released the Chair to Vice-Chairman H..Paul Harsha. ►=�? Upon a motion duly made by Mr. Ventura and seconded by Mr. Conway, it was RESOLVED that, pursuant to a Public Hearing Having been held on August 17, 1954 the City Planning Commission does hereby recommend to the City Council under date of August 17, 1954 that Petition No. Z-53 by George E. Bacon and Bess L. Haugh be granted, and FURTHER RESOLVED, notice or the above meeting was published in the official newspaper, The Livonian, under date of July 29, 1954 and notice of which hearing was sent to 'Tne Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumers Power Company, City Departments, petitioner and War- ing and Johnson, Planning Consultant as listed in the Proof of Service. A roll call vote on the foregoing resolutinn resulted in the following: AYES: Conway, Nielsen, Harsha, Ventura and Salinas NAYS: Robinson, Greene, Steinhorr and Hay The secretary read the petition of Les Conley Signs for permission to erect a sign board 10' x 3U' on Parcels Alb and A2 located on the Southwest corner or Scnoolcrart and Miadlebelt Roads in the Northeast 1/4 of Section 2b. Tne secretary also read the letter dated August 12, 1954 from the Michigan Racing Association, Inc. Tne petitioner was not present. upon a motion duly rale by Mr. Conway, seconded by Mr. Greene ana unanimously carried, it was RESOLVED that, pursuant to a Public Hearing having been held on August 17, 1954 the City Planning Commission does hereby deny the petition of Les Conley Signs to erect a sign board 10' x 30' on Parcels Alb and A2 located on the Southwest corner of Schoolcrart and Miadlebelt Roaas in the Northeast 1/4 of Section 26, ana FuRTHER RESOLVED, notice or the above hearing was sent to the property owners within 500 feet, petitioner, City Departments, ana Waring and Johnson, Planning Consultants as listed in the Proor or Service. Tne chairman declared the foregoing resolution adopted. The secretary announced thatthe next item on the agenda was the application of Kenneth Kerbyson (o) for a permit to remove top soil from Parcels (13 to (22, 023 to G29 and G37 containing 30,83 acres and located 380 feet North of Plymouth Road and 410 feet West of Merriman Road in the Soutneast 1/4 of Section 27. The secretary also read letters dated August 12, 1954 rrom the Department or Public Works addressed to Mr. Kerbyson ana dated August 17, 1954 rrom the Livonia Police Department. Mr. Kenneth Kerbyson was present and stated that he aid not know whether there was a way into the property. Property is owned by Mr. Van who had told him he could get in near the bowling alley. Will not remove top soil unless it is hign. 49 Mr. John Whitehead, 31510 Plymouth Road stated that he was one of nine who ' owned the property in question and thatonly two payments nave been made by those purchasing parcels. Previously to selling parcels the nine owners had a meeting at which time it was decided that no top soil would be removed be- cause of the destruction caused by blowing dirt. Twelve people were present opposed to the application. Mr. Robinson questioned who had the right of the property inasmuch as it has been sold but not fully paid for. Mr. Ashmore stated that one who holds title has the right of the property. If it was sold on a Land Contract the top soil cannot be removed without, the • approval of the seller. Upon a motion duly made by Mr. Harsha and seconded by Mr. Greene, it was RESOLVED that, pursuant to a Public Hearing having been held on August 17, 1954 the City Planning Commission does hereby deny the application of Kenneth Kerbyson (o) for a permit to remove top soil from Parcels G13 to G22, G23 to G29 and G37 containing 30.83 acres and located 380 feet Nortn of Plymouth Road and 410 feet West of Merriman Road in the Southeast 1/4 of Section 27, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner, City Departments as listed in the Proof of Service and recommendation having been obtained from the Department of Public Works under date of August 12, 1954 and IL: from the Police Department under date of August 17, 1954. A roll call vote on the foregoing resolution resulted in the following: AYES: Conway, Nielsen, ureene, Steinhoff, Hay, Harsna, Ventura ana Salinas NAYS: ' Robinson The Chairman called a recess at approximately 9450 p.m. The Chairman called the Public Hearing to order at approximately 10:02 p.m. The secretary read the petition of R. B. Barwick, Socony-Vacuum Oil Company, Inc. requesting permission to construct a two bay Mobilgas Service Station on Lots 38a to 43a inclusive and Lot 57, Brayton Highway Subdivision located on the Northwest corner of Schoolcraft and Farmington Roads in the Southeast 1/4 of Section 21. Chief Harmon recommenced that this petition be approved subject to the station being the same type as that now in operation on the Wolfram property at the Southwest corner of Schoolcrait and Middlebelt Roads and petitioner applying to the County Road Commission for permits for ingress ana egress. Mr. Harold Moriarty, Socony-Vacuum was present ana statea that the entrance drive from Farmington Road would be brought aown to there own property but that the flashing red horse has been a traae-mark of Mobile for many years, ana cannot be changed. No one was present opposed to this petition. o Upon a motion auly made by Mr. Hay, seconded by Mr. Greene and unanimously carried, it was C'"' RESOLVED that, petition or R. B. Barwick, Socony-Vacuum Oil ampany, Inc. for permission to construct a two bay Mobilgas Service Station on Lots 38a to 43a inclusive ana Lot 57, Drayton Hignway Subdivision Located on the Northwest corner or Schoolcrart ana Farmington Roads in the Southeast 1/4 or Section 21 be tablea in order to give the petitioner an opportunity to present an exact copy of plot plan approvea by the Wayne County Roaa Commission and compliance with Waring and Johnson's recommendations dated August 16, 1954. The Chairman declared the foregoing resolution aaoptea. The secretary read the petition of Mark T. Jacobson, Eawara Rose & Sons re- galaing the proposed Livonia Meaaows Subdivision located on the Northwest corner or Six Mile Roaa and Inkster Road in the Southeast 1/4 or Section 12. The secretary also read the letter dated August 17, 1954 from Hugh Wooa, Jr. Chier Inspector. Mr. Jacobson was present. Mrs. Doris Bachman, 18001 Lathers objected to the plat presentea as there is only one ingress ana egress to the adjoining subaivision to the West wnich sub- division allowea 40 reset for the half-street, Deering Avenue, whereas the pro- posea subdivision allows 3U reet. Chief Harmon stated that ne objected to the proposed plat as a whole ana most particularily the six streets cutting into Deering. Mr. Jacobson attempted to submit revisea plats but the commission would not accept them. Mr. Harsha stated that the proposea plat was an insult to the intelligence of the members of the commission. Upon a motion auly made by Mr. Harsha and seconaea by Mr. Steinhoff, it was RESOLVED tnat, pursuant to a Public Hearing Having been held on August 17, 1954 the City Planning Commission does hereby recommend that the proposed Livonia Meadows Subdivision located on the North- west corner or Six Mile Road and Inkster Roaa in the Southeast 1/4 of Section 12 not be approved for the following reasons: (1) Pro- posed plat does not show what is adjoining; (2) Street names are not shown; (3) Several pieces or property shown with no comment and (4) Many lots are unaersizea, ana FURTHER RESOLVED, notice or the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proor or Service ana copies of the plat together witn notice having been sent to the hulloing Department, Waring and Johnson, Planning Consultant Superintendent or Schools, Scnool Board President and Members of the Plat Committee. A roll call vote on the foregoing resolution resultea in the iollowing: AYES: Conway, Nielsen, Greene, Steinhoff, Hay, Harsha, Ventura ana Salinas NAYS: Robinson 151 Mr. Edwin Conway left the meeting at approximately 10:25 p.m. The secretary announced that the next item on the agenda was the Valley View Subdivision situated on the West side of Farmington Road approximately 1,125 feet South of Hathaway Avenue in the Southeast 1/4 of Section 33. Mrs. Juanita Lumley was present. Upon a motion duly mane by Mr. Steinhoff, seconded by Mr. Hay and unanimously carried, it was RESOLVED that, Pursuant to a Public Hearing having been held on August 17, 1954 the City Planning Commission does hereby recommend that the proposed Valley View Subdivision situated on the West side of Farmington Road approximately 1,125 feet South of Hathaway Avenue in the Southeast 1/4 of Section 33 not be approved because (1) No area plan shown and (2) Easements are not shown, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the Plat together with notice having been sent to the Building Department, Waring and Johnson, Planning Consultants, Superintendent of Schools, School Board President and Members of the Plat Committee. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Hay, seconded by Mr. Robinson and unanimously carried, it was RESOLVED that, the Public Hearing be adjourned to August 31, 1954. The Chairman declared the foregoing resolution adopted and called the 48th Regular Meeting to order. The secretary read the petition by Gertrude E. Ellis requesting a special hearing on the Drive-In Restaurant now being constructed on Lot 36, Liverance Subdivision situated on the West side of Middlebelt Road between Six Mile Road and Munger Avenue in the Northeast 1/4 of Section 14. The secretary also read letters dated August 15, 1954 from Donald Bachman, Parkview Acres Association; dated August 9, 1954 from Dorothy Richeson, Wilcox P.T.A.; dated August 17, 1954 from Edward E. Wild, Bell Creek Improvement Association; dated August 14, 1954 from Alfred Summers, Parkwoods Civic Association and from Mrs. Zunick opposed to the Drive-In Restaurant. The secretary announced that a petition with 218 signatures opposed to the Drive-In Restaurant was filed with the commission. Mrs. Gertrude Ellis stated Mr. Roy Sigman, 29435 Munger would be the spokes- man for those who signed the petition. Mr. Sigman presented a Photostat of the Abstract showing that Lots 50 through 58 inclusive may be used for business purposes after January 1, 1945 and tnat all the other lots snall be used for residence purposes only. Mr. Waring stated ne din not know the history of zoning in this area as shown 1[1. of the Zoning Map. Stated his opinion of Open-air sales and Drive-In Restaurant .as follows: (1) Open air sale - goods displayed in the open for sale and (2) Drive-In Restaurant - Does not have any open air sale. 52 Mr. Ventura read a portion of Section 10.02 (c) of the Zoning Ordinance. Mr. Greene read the remaining of Section 10.02 (c) or the Zoning Ordinance and stated that in nis opinion a Drive-In Restaurant would interfere with traffic. Mr. James Butcher, 16750 Midalebelt stated he objected to the fruit stand petition previously presented to the Planning Commission. Mr. W. Hansen, 29529 Munger stated that he had the original abstract which the Chairman and the Secretary concurred agreed with the Photostat Mr. Harsha stated that the abstract was dated 1943 ana questioned whether the property was zoned first or the abstract came first. Mr. Asnmore stated he would give a written opinion regarding Mr. Harsha's question as he did not agree altogether with him. Suggested the commission hold a hearing. Cniei Harmon objected to the Drive-In and informed the commission of proprietors last open-air sale located Six Mile and Telegraph Roads. Mr. Garofalo has applied to the Wayne County Road Commission for approval and permit for ingress and egress. Stated he had informed Mr. Harrison that the commission was hold- ing a special meeting on this matter ana was assured tnat the Wayne County Road Commission would hold their decision pending the report of the commission. Mr. W. W. Ualeone, 16888 Middlebelt stated he did not think property was large enough for a Drive-In. Upon a motion duly made by Mr. Harsha, seconded by Mr. Greene and unanimously carried, it was RESOLVED that, petition of Gertrude E. Ellis be granted for special hearing, August 31, 1954 on a proposed Drive-In Restaurant now being constructed on Lot 36, Liverance Subdivision, situated on the West side of Middlebelt Road between Six Mile and Munger for the following reasons and for such other points that may be pertinent to this hear- ing: (1) Section 3.06, Zoning Ordinance No. 60 for disputed boundaries of various districts and (2) Section 10.02, Subsection net, Zoning Ordinance No. 6U; whetner or not a Drive-In Restaurant business is classified as an open-air sales. The Chairman declared the foregoing resolution adopted. Mr. Ruf'ino Salinas left the meeting at approximately 11:15 p.m. The Chairman called a recess at approximately 11:11 p.m. The Chairman called the meeting to order at approximately 11:35 p.m. Mr. Greene presided as secretary. The secretary read the letter dates August 14, 1954 from Loel R. Hellman, Rose- Hill Realty regarding the proposed Salem Farms Subdivision, No. 1 located approximately 655 feet East of Gill Road with a frontage on the North side of Seven Mile Road or approximately 655 feet in the Southeast 1/4 of Section 4. Messrs. Loel Hellman, Milton Madden, Attorney and Seymour Winiker were present. 53 Mr. Ventura stated he would like to see plan for storm sewers. Mr. Winiker stated that in order to obtain a building permit for any home they must first obtain a septic tank permit at which time each lot will be tested then Building Department will inform us what size of tank is required. Mr. Ventura asked whether approval had been obtainea from the Wayne County Road Commission for homes fronting on Seven Mile Road. Mr. Madden stated nothing fronts on Seven Mile Road. Upon a motion duly made by Mr. Greene, seconded by Mr. Steinhoff and unanimously carried, it was RESOLVED that, pursuant to a Public Hearing having been held on June 1, 1954 the City Planning Commission goes hereby give under date of August 1'(, 1954 tentative approval to Salem Farms Sub- division, No. 1 located approximately 655 feet East of Gill Roaa with a frontage on the North side of Seven Mile Road of approxi- mately b55 feet in the Southeast 1/4 of Section 4 subject to the final plat showing storm sewers and approval of the Wayne County Road Commission, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies or the plat together with notice having been sent to the Building Department, Waring and Johnson, Planning Consultants, Superintendent of Schools, School Board President and Members of the Plat Committee. The Chairman declared the foregoing resolution adopted. The secretary announces tnat tne next item on the agenda was the Evelyn Burns Subdivision located approximately 530 feet North of Six Mile Road and approxi- mately 3,250 feet West of Farmington Road in the Southwest 1/4 of Section 9. Mr. Burns was present and submitted a revised plat. Mr. Ventura recommended that tne revised plat not oe accepted at this time in order to give the commission an opportunity to study the plat. Also that petitioner present area plan and plat comply with Subdivision Rules and Regulations. Upon a motion duly made by Mr. Steinhoff and seconded by Mr. Robinson, it was RESOLVED that, the proposed Evelyn Burns Subdivision plat as presented not be approved and that petitioner be given opportunity to present revised plat at the next meeting, August 31, 1954. A roll call vote on the foregoing resolution resulted in tne following: AYES: Robinson, Nielsen, Steinhoff, Harsha, Ventura and Salinas NAYS: Hay Upon a motion duly made by Mr. Steinhoff, seconded by Mr. Robinson and unanimously carried, it was RESOLVED that, the petition of Clifford A. Green :to conduct an open- air sale to be known as "Livonia Lawn and Garden Supply" on Lots 144 through 149, Schanhite's Marquette Manor Subdivision located at 12275 C Inkster Road and situated on the Southwest corner of Inkster and Grant- land Avenues in the Southeast 1/4 of Section 25 be tabled until August 31, 1954 as requested by the petitioner. Mr. Ventura stated that Mr. Green was present earlier in the evening but be- cause or working hours could not be present when his petition was presented as placed on the agenda. The secretary announced that the next item on the agenda was the submission of final plat by Mr. Mark T. Jacobson of Chicago Heights Subdivision located on the North side of West Chicago and one quarter mile East of Midalebelt in the Northwest 1/4 of Section 36. Mr. Jacobson stated that at tne City Council's meeting several residents were present who objected to Camden cutting through. The City Council approved the plat with the condition that EdwardRose-& Sons and the City of Livonia enter into an agreement that Edward Rose & Sons geed within three months if requested by the City Council Lots 106, 46 and the major part of 45 for recreational area. Mr. Waring stated tie would recommend Lot 106 being acquired by tne City of Livonia for a street because of tne Fire equipment etc. Mr. Jacobson stated the City Council has requested recommendations from the Fire Department and the Police Department. Mr. Ventura recommended commission go along witn Waring and Johnson and that Lot 106 be paved and street be cut through. Mr. Harsha mace the following motion. There was not a roll call taken. RESOLVED that, finding of the City Planning Commission is that the final plat Chicago Heights Subdivision corresponds to the plat as given tentative approval with the exception of Lots 106, 45 and 4b or which we understand the City Council has taken action. Mr. Ventura stated that he did not think the intent is that we just look at it to see it's the same as the first plat. Thought commission is to give it final approval. After commission gives it final approval it then goes to the City Council. The City Council then has the assurance that the commission has gone over the plat twice. Recommended that the motion read that the commission gives approval to the final plat as presented. Upon a motion duly made by Mr. Harsha and seconded by Mr. Hay, it was RESOLVED that, finding of the City Planning Commission is that the final plat of Chicago Heights Subdivision corresponds to the plat as given tentative approval with the exception of Lots 106, 46 and 45 on which we understand the City Council has taken action. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Nielsen, Hay, Harsha and Greene NAYS: Steinhoff and Ventura 55 Upon a motion duly made by Mr. Robinson and seconded by Mr. Steinhoff, it was RESOLVED that, the final plat of Chicago Heights Subdivision be given approval by the City Planning Commission under date of August 17, 1954. Mr. Harsha questioned whether the commission has this authority. Mr. Ventura stated that he had received a letter from the City Attorney in which it was stated that the final plat is submitted to the Planning Commission for approval. The City Attorney offered to get a copy of this letter from his office. The secretary read a letter dated August 17, 1954 addressed to the Honorable Council from the Chairman of the Planning Commission regarding a joint meeting. Mr. Ashmore returned but was unable to find nis copy of the letter in question. Upon a motion duly made by Mr. Robinson and seconded by Mr. Steinhoff, it was RESOLVED that, the final plat of Chicago Heights Subdivision be given approval by the City Planning Commission under date of August 17, 1954. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Nielsen, Steinhoff, Ventura and Greene NAYS: Hay and Harsha Upon a motion duly made by Mr. Robinson, seconded by Mr. Harsha and unanimously carried, it was RESOLVED that, minutes of the meetings June 22, 1954, July 13, 1954 and July 20, 1954 be approved as presented. The Chairman declared the foregoing resolution adopted. The secretary read resolution #159'1 adopted by the City Council July 12, 1954 regarding Subdivision Requirements. Mr. Ventura stated that the resolution was adopted by the City Council but it is not law. The commission could cooperate by asking for these things. Mr. Harsha asked if there was any way the commission could give them a vote of confidence or would the City Council be interested. The commission agreed as a whole that tnis was a noble theory but it cannot be exercised. Mr. Ventura stated tnat he had received a written opinion that the Zoning Ordinance can be amended. Reminded the commission of a resolution adopted by the Planning Commission June 15, 1954 regarding the removal of top soil and suggested that the commission again adopt this resolution and follow it 1[10 through. Mr. Robinson stated that in Chicago they require the builder to push top soil before building homes but of course home owners have to pay for moving top soil. u Mr. Albert Ballert, 11405 Cranston submitted copies of orainances adopted in other communities - four area near Livonia. Stated the New Jersey Ordinance has been tested in court ana that the ordinance in Wayne is similar to this. Mr. Harsha suggested that the commission adopt Wayne's Ordinance just as it is Mr. Ashmore statea he would put it in a form and give it to tne chairman for , what it may be worth to the commission. Mr. Ashmore stated that he had received a call from Mr. Bartnolomew regarding the two piles of top soil located Chicago and Midalebelt Roads and that he wishes another hearing. Suggested to the commission they can do one oz two things: (1) Issue a permit subject to a bond or (2) Grant a hearing subject to the Judges order. Recommendea that the 'lop Soil Committee take a look at this and make a recommendation to City Attorney and the commission can hold a hearing or if it is below grade and commission does not wish to issue a permit then the City of Livonia can go to Court. Mr. Ventura suggested the commission give Mr. Bartholomew a permit to remove one pile of top soil instead of both piles and that the second pile be put around the houses. Mr. Marsha stated that the one pile nearest to West Chicago is a traffic hazard and an eye-sore to people who live in the neighborhood which would justify the commission's giving Mr. Bartholomew a permit. Mr. Ashmore stated one pile be removea on condition that the other pile be used to bring area up to grade and the Court case be dismissed. Mr. Hay made the following motion. A roll call vote was rot taken. RESOLVED that, Planning Commission hold the meeting for ri oval of top soil located West Chicago and Middlebelt Roads as requested by Mr. Bartnolomew. Mr. Hay presented the matter of Devonshire Park Subdivision which was given tentative approval by the Planning Commission and approval by tne City Council but is located in a M-1 District. Mr. Ventura statea that ne had an opinion but not in writing from Mr. Ashmore that when the City Planning Commission approves a plat that that changes the zoning. The commission as a whole requested a written opinion from Mr. Ashmore on this matter. upon a motion duly mane, seconded and unanimously adopted, it was RESOLVED that, this meeting be adjourned. At approximately 1:40 a.m. the Chairman declared the meeting adjourned. -- ` h Rufino .alinas, Secr- ary Robert L. Greene, Acting Secretary ATT Peter A. gent ra, Chairman ha rman�"'��