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HomeMy WebLinkAboutPLANNING MINUTES 1954-09-21 71 MINUTES OF A PUBLIC HEARING AND THE 49TH REGULAR MEJT'INU OF THE CITY PLANNING COMMISSION APublic Hearing ana the 49th Regular Meeting of the City Planning Commission were held on Tuesday, September 21, 1954 at the City Hall, Livonia, Michigan. The 49th Regular Meeting was called to order by Chairman Peter A. Ventura at approximately 8:06 p.m. Members present: William Robinson Robert L. Greene Peter A. Ventura Karle Steinhoff Dallas F. Hay Rurino Salinas H. Paul Harsha Members absent: Edwin Conway Adelaide Nielsen The following were present together with approximately 75 people attending the regular meeting and the public Hearing: Mr. Edward F. Steiner, Director of Public Safety Mr. A. Ward McCain, Livonia School Board President Mr. Howard Middlewood, Building Inspector Mr. Bob Perry — Fire Department Mr. Max Koehler, Building Inspector Mr. Stanley Markley, Electrical Inspector 1[42 The secretary announced that the first item on the agenda was the Evelyn Burns Subdivision located approximately 53U feet North of Six Mile Road and approxi— mately 3,250 feet West of Farmington Road in the Southwest 1/4 of Section 9. The secretary read letters dated September 20, 1954 from the Livonia Fire Department and dated September 20, 1954 from the Bureau of Inspection. Mr. Donald Burns was present. Mr. Harsha questioned how the petitioner intended to obtain access to Six Mile Road. Mr. Burns stated that he will dedicate half of the road which will give access to Six Mile Road. Water is available at 60 feet. Mr. Ventura reminded commission that Salem Farms Subdivision was turned sown by the Mayor as he was in favor of half acre or more where septic tanks are used. Mr. Salinas stated that he thought lots are too small for septic tanks or wells as the area where the City is having trouble the lots are larger. Mr. Ventura stated tnat there was no area plan submitted. Mr. Burns stated that he just found out today that Mr. Fall had not supplied area plan as he thought he haa. It is his intention to build one or two houses at a time and possiblely sell a few lots. As a small subdivider thinks he is conforming as best he can. No one was present opposed to the subdivision. Upon a motion duly made by Mr. Robinson, seconded by Mr. Salinas and unanimously carried, it was G _ RESOLVED that, pursuant to a Public Hearing having been held on June 15, 1954 the City Planning Commission does hereby deny tentative approval to Evelyn Burns Subdivision as the lots are too small to give aaaquate septic tank service and a health hazard because of the wells, 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 Consultant, 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 49th Regular Meeting be adjourned in order that the items on the Public hearing may be heard. The Chairman declared the foregoing resolution adopted. The secretary read Petition No. Z-57, Robert Labadie asking that the zoning classification of Lot 35, E. U. Settle Realty Company's Bonaparte 0ardens Subdivision locates on the Southeast 1/4 of Section 35 situated on the West side of Middlebelt Road approximately 500 feet North of Joy Road be changed from R-1 to C-2. Petitioner also requesting permission to establish a dry cleaning plant on said lot. Messrs. Robert Labaaie and Harold F. Coyle, 618 Bankers Equitable Bldg., Det., Attorney were present. Mr. Coyle stated that he would like to amend Mr. Labadie's petition insofar as there is any admission that Mr. Labadie is bound by the ordinance as being a non-conforming use and that the classification in the ordinance does not effect Mr. Labadie. Mr. Labaaie has been on the property since June 1, 1952 and the ordinance went into effect November, 1952. In a C-1 District it states personal service shops (there is no mention or pressing shop) and in C-2 District the classification is carried over stating dry cleaning plant. Dia not know what these terms meant. Presented two licences in which the business is classified as dry cleaning shop and dry cleaning and finishing shop. Mr. Labadie put in a dry cleaning machine but has not increased his area. Have just what he had prior to the ordinance therefore he is a non- conforming use. Mr. Ventura asked when the dry cleaning machine was installed. Mr. Labadie stated October, 1953. The secretary read a letter dates March 19, 1952 signea by J. H. Lacy and Donald Wilson, Chief Inspector stating that Mr. Lacy will use one pressing machine only ana building is not to be used as cleaning establishment until permission is granted by Board of Appeals. Mr. Ventura stated that in hip opinion as soon as the machine was installed that character of business was changed. The secretary read a letter dates February 16, 1954 from Donald Wilson addressed to Robert Labaaie in which an inspection was made of the Lacy Ira G..S� Cleaners at which time it was found that premises were in complete violation of Ordinance No. bO. Mr. Russell Ashmore, City Attorney arrived at approximately 8:37 p.m. Mr. Markley states that none of the work was brought up to cone, no permit was taken out for the work and all work was done under hazardous conditions. Did work himself. Notices have been issued in this case. Mr. Ventura asked the City Attorney whether Mr. Labadie received any summons to appear in court in violation of the Building Code. Mr. Ashmore stated he believed there was a summons issued. Mr. Labadie stated a summons was not served. Mr. Ventura states that Mr. Ashmore talked to Mr. Labadie over the telephone in his presence at which time Mr. Ashmore stated a summons would not be served and Mr. Labadie promised to appear in court the next day. Mr. Labadie never appeared in court. Mr. Ventura stated that he is trying to show that Mr. Labadie is and has violated Building Code and Zoning Ordinance. Mr. Labadie states that he has never filed for a Non-Conforming Use Application and that the violation has been taken care of and the work has been done. Mr. Midalewood stated that his is an unlawful use and that in order to be a Non-Conforming Use it must be a lawful use. It was not a lawful use when he went in there. To be conforming there should be only a boiler and pressing machine. Mr. Ventura read Section 4.18 (e) of the Zoning Ordinance. When 1r. Labadie circulated petition to property owners, Mr. Ziegler , President of Bonaparte Civic Association asked what was told them. Stated Mr. abadie told him that the City of Livonia was going to close him down unless petition is Signed. There was no heading on petition. People signed petition on the wrong assumption. At a regular meeting of the civic association a motion was adopted that the association go along with the rezoning to C-1 from Middle- belt Road to Cathedral Street. Opposed to C-2. Stated that he represented the association which consists of 54 members. Mr. Ashmore stated that as presented to him the petition with signatures was attacned to original petition asking for rezoning. Mr. John Sakai, 9024 Middlebelt stated that when the petition was presented to him there was just two yellow pieces of paper with no heading. Originally signed petition but when he found out reason for petition withdrew his signature. Mr. Labadie stated there was no heading on petition when it was circulated. Mr. Ventura stated the machine has been installed since ordinance was adopted character has been changed therefore he comes under ordinance that dry clean- ing plant should nave the approval of the Planning Commission. ": Upon a motion duly made by Mr. Salinas, seconded by Mr. Steinhoff, and unanimously carried, it was 74 RESOLVED that, pursuant to a Public Hearing having been held on September 21, 1954 the City Planning Commission noes hereby 'r recommend to the City Council under date of September 21, 1954 that Petition No. Z-57 by Robert Labadie be denied as the :31 commission feels that the granting of a spot zoning is not in the best interest of the community and furthermore the petitioner is in violation of city ordinances and rules and the Electrical Code and Plumbing Code, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of August 26, 1954 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers Power Co., City Departments, petitioner and Waring and Johnson, Planning Consultant as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary read Petition No. Z-58 by Cyriel and Julia DeBusschere asking that the zoning classification or Parcel GG13c2 located on the North west corner of Gill and Seven Mile Roads in the Southwest 1/4 of Section y. be changed from AG to RUFb. No one was present representing the petitioner. Mr. Ventura stated that some time ago he was called on the telephone and was told that petitioner would not be at this meeting. Mr. Debusschere had taken sick and had to leave for Arizona. No one was present opposed to this petition. Upon a motion duly made by Mr. Hay, seconded by Mr. Steinhoff and unanimously carried, it was • RESOLVED that, Petition No. Z-58 by Cyriel and Julia Dekusschere asking that the zoning classification of Parcel GG13c2 located on the Northwest corner of Gill and Seven Mile Roads in the Southwest 1/4 or Section 4 be changed from AG to RUFF be tabled until October 19, 1954. The Chairman declared the foregoing resolution adopted. The secretary read Petition No. Z-59 by Edward P. Frohlicn asking that the zoning classification of lest 1/2 or Lot DE4U, East 9b feet .of Lot DE36 and West 84 feet of Lot DE35, Private Plat located on the South side of Roycroft Avenue East of Middlebelt Road in the Soutnwest 1/4 or Section 13 be changed from RUFB to R-1. Mr. Frohlich was present and read Section 8.04 or the ordinance. Stated that request for change would comply with R-1 District. Mr. Salinas stated that according to the ordinance all uses permitted in a H-1 District are permitted in a RUFF District. Asked the reason for rezoning seeing this is true. :]I Mr. harsha stated this would be up grading. R-1 is the highest classification in a residential district. &r;r Mr. Frohlich stated building would be in excess of 800 feet. Mr. Ventura asked if there was any other R-1 in this area. Mr. Frohlich stated that all houses built on street are on less than 1/2 acre. Mr. Middlewood stated at the present time there are ten or eleven R-1 lots. The road has not been dedicated to the plat. Mr. Frohlich states lots are 138 X 135 approximately. One is 69 X 137. No homes on lots. Each lot is less than 1/2 acre when street is taken out. mr. Ventura read a portion of State Platting Act in which the definition or the word "subdivide" is the division or ten or more parts. Cannot use wora subaiviae unless ten or more lots are subdivided. Recommended that commission have more information about matter. No plot plan showing existing buildings. Messrs. Salinas and Robinson asked for legal opinion whether one can up grace from Au to RUF13 or RUF to R-1 without coming to the Planning Commission. Mr. Marsha stated that unless it definitely states in the ordinance otherwise one should have to come to the Planning Commission. Mr. Middlewood stated the State Housing Act states one can divide lot in half. Mr. Ashmore stated at least 3/4 or this area is R-1 area. There should be a hearing on this in order to give property owners opportunity to object to this type of zoning. Mr. Robinson suggested the entire area be rezones to H-1. Mr. Ashmore recommended that tne commission either say it is R-1 or rezone it. Upon a motion duly made by Mr. Robinson, seconded by Mr. Salinas and unanimously carried, it was RESOLVED that, pursuant to a Public Hearing having been held on September 21, 1954 the City Planning Commission does hereby recommend to the City Council under date of September 21, 1954 that Petition No. Z-59 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of August 26, 1954 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Lo., Michigan Bell Telephone Co., The Consumers Power Co., City Departments, petitioners and Waring and Johnson, Planning Consultants as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The Chairman called a recess at approximately 9:45 p.m. The Chairman called the meeting to order at approximately 9:56 p.m. The secretary read tne petition of L. W. Draur, Slater Realty Company for permission to erect two signs 10 x 14 located on Lot 5, Alden Village Sub- division situated on the North side or Plymouth Road approximately 305 feet West or Priscilla Lane in the Southwest 1/4 of Section 28 ana Parcel Ll 76 locates on the Southwest corner of Plymouth Road and Wayne Road in the North— west 1/4 of Section 33. No one was present representing the petitioner. No one was present objecting to the petition. Mr. Steinhoff mane the following motion: RESOLVED that, petition of L. W. Draur, Slater Realty Company for permission to erect two signs 10 x 14 located on Lot 5, Alden Village Subdivision situates on the North side of Plymouth Road approximately 305 feet West of Priscilla Lane in the Southwest 1/4 of Section 28 and Parcel Ll located on the Southwest corner of Plymouth Road and Wayne Hoaa in the Northwest 1/4 of Section 33, be tables. There was no support to the motion. Mr. Harsha stated that neither sign is on property which is advertised. Opposed to petition for this reason. Upon a motion duly made by Mr. nay, seconded by Mr. Harsha and unanimously carried, it was RESOLVED that, pursuant to a Public Hearing having been held on September 21, 1954 the City Planning Commission does hereby deny the petition of L. W. Draur, Slater Realty Company for• permission to erect two signs 10 * X 141 located on Lot 5, Alden Village Sub— division located on the North sine of Plymouth Road approximately 305 feet West of Priscilla Lane in the Southwest 1/4 of Section 28 aha Parcel L1 located on the Southwest corner of Plymouth and Wayne Roads in the Northwest 1/4 of Section 33 as they do not comply with Zoning Ordinance aha signs not ]located on property which is advertised, and FURTHER RESOLVED, notice of the above heating was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proor of Service. The Chairman declared the foregoing resolution adopted. the secretary read the petition dates August 14, 1954 asking preliminary 17'jr approval of Rouge Trail View Subdivision located on the South side of Ann Arbor Trail directly at the Southerly tip or Stark Road in the Southeast 1/4 of Section 33. Mr. Cook was present. Mr. Cook states that the sanitary sewer on Ann Arbor Trail will be used. Mr. Ventura stated the back yarn of Lot 23 as shown on the proposed plat abutts front yarn. Very poor planning. Mr. Cook states that the F.H.A. reversed that lot. Mr. Ventura asked whether Mr. Cook would like to dedicate triangular lot for Tot Lot. Mr. Cook stated at South line of proposed subdivision there is amply space for play area as this will never be subdivided as it is too narrow. Land West of Subdivision is not subdivided. Planning to buy this 453 . 7 also. Will install storm sewers. Mr. Steinhoff asked whether tnis will have to be rezoned as the area is presently zoned RUFB. • Mr. Ashmore states yes. sir. McCain stated proposes subdivision was 1/2 mile from Stark School. An addition is planned for Stark School consisting or tour rooms. Subdivision near enough to the school that the children will not require transportation. Recommended that before the plat is approved that Mr. Cook discuss sub- - division with Dr. l3rembeck. Upon a motion duly made by Mr. Robinson, seconded by Mr. Steinhoff and unanimously carried, it was RESOLVED that, pursuant to a Public Hearing having been held on September 21, 1954 the City Planning Commission does hereby deny without prejudice under date of September 21, 1954 thentative approval to Rouge Trail View Subdivision to enable petitioner to petition for change of zoning; saia subdivision located on the South side of Ann Arbor Trail directly at the Southerly tip of Stark Road in the Southeast 1/4 or ''ection 33, 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, Superintendent or Schools, School Board President and members of the Plat Committee. The Chairman declared the foregoing resolution adopted. The secretary read Petition No. Z-bU by Thomas F. O'Connor asking tnat the zoning classification of Lots 1 tnrough 32 inclusive :of Howe Gardens Sub— division locates on the North and South sides of Bennett Avenue directly West of Merriman Road in the Southeast 1/4 of Section 10 be changed from RUFB to R-1-A. The secretary read letter sated September 1U, 1954 from William and Vera Howe. Mr. O'Connor stated the lots in the subdivision are over 1/2 acre. On Bennett 100 x 300. Lots facing on Merriman 1UU x 20U. Asking that zoning coincide witn private restrictions. The secretary read letter dated September 2, 1954 from City Attorney, It was noted that the approval as to form had not been given to this petition by the City Attorney. Upon a motion duly mase by Mr. Robinson, and seconded by Mr. Steinhoff, it was RESOLVED tnat, petition No. Z-6U by Thomas F. O'Connor asking tha the zoning classification or Lots 1 through 32 inclusive or Howe Gardens Subdivision located on the North and South sides of Bennett Avenue airectly West of Merriman Road in the Southeast 1/4 or Section 10 be changed from RUFB to R-1-A, be denied without prejudice until such time the petitioner complies with the Zoning Ordinance. 78 • Mr. Greene states that he did not think Mr. O'Connor should be penalized when it is not his fault. Mr. Robinson agreed to withdraw the motion if the City Attorney will take the necessary action at this time. The City Attorney agreed to study the petition in his office and return.witn approval. Petition No. Z-60 was tabled temporarily until the necessary papers ana approval is returned from the City Attorney. The secretary read the petition of henry Capala, Fil- tar Super Markets, lnc. for permission to erect individual letters, which will consist or 120 square feet on tne front marque of store on Lots 19 through 22, Assessor's Plat Argonne State Subdivision located at 2'/531 Grand River Avenue and situated on the Soutn side of Grana River Avenue between Antago and Rensellor Avenue in the Northeatt 1/4 of Section 1. No one was present representing the petitioner. No one was present opposed to the petition. Mr. Hay asked if the Building Department had had trouble with Fil-lar in the past. Mr. Middlewood stated that they had had difficulty regarding the burn- ing of rubbish, off street parking and that they have complied but it has taken time for them to do so. Mr. Harsha asked what the position of the sign is in relation to the lot line. The commission must know where the marque is. Upon a motion duly made by Mr. Hay, seconded by Mr. Greene and unanimously carried, it was RESOLVED that, petition or henry Capald, Fil-Mar Super Markets, Inc. for permission to erect individual letters, which will consist of 120 square feet on the front marque or the store on Lots 19 through 22, Assessor's Plat Argonne State Subdivision located at 27531 Grand River Avenue and situates on the South side or Grand River Avenue between Antago and Rensellor Avenues in the Northeast 1/4 or Section 1 be tabled until October 19, 1954 at which time it is requested that the-petitioner or a representative be present and that a plot plan showing the location or the marque and the sign be available. The Chairman declared the foregoing resolution adopted. The secretary read the petition or V. R. Breidenbach, Lytle Construction Co. requesting approval of proposed Ann Arbor Trail Subdivision located on the West side or Hix Road between Ann Arbor Trail and Ann Arbor Road in the North- west 1/4 or Section 31. The Secretary read letters dated September 2U, 1954 from the Livonia Fire Department and dated September 20, 1954 from the Bureau of Inspection. • Messrs. Breidenbach and Lytle were present. Two proposed plats were submitted --- one prepared by tne F.H.A. and one by a private individual. 71) Mr. Harsha stated that the plat dated July, 1954 was not acceptable as there were cul-de-sacs. The plat dated August 19, 1954 could be accepted. Mr. Breidenbach presented revised plat for the commission's inspection. Stated that they have Purchase Agreement on the property. Mr. Ventura stated that the area is presently zoned RUFB and that it would require a change of zoning to R-1. The subdivision is located in the New- burg School area therefore this would create a problem as there is no room in school for additional children. Mr. Steinhoff asked the opinion of the Road Commission in regard to Eckles Road as it is non-existent now. Mr. Ventura stated that the road would have to be dedicated. The commission did not take any action on the proposed Ann Arbor Trail Sub- division as there would nave to be a change of zoning first. The City Attorney returned with the Petition No. Z-6U and stated that it was stamped with his approval but that the property owners listed in letter dated September 10, 1954 from Vera and William Howe were not notified 15 days prior to this hearing. Mr. Ventura recommended that they be notified of what the law is and that the commission deny tnis petition. Mr. Ashmore suggested that registered letters be sent to. four' property owners listed in letter and set up another notice of public hearing. mr. Salinas suggested setting a date for public nearing. The secretary read petition dated September 8, 1954 from Burton Warner which c requested approval of Westrail Subdivision located on the Northeast corner of Ann Arbor Trail and Levan Road in the Southeast 1/4 of Section 32. Messrs. Warner and Clayton Fisher, 1663 guardian Bldg., Det., Attorney were present. Mr. •'arsha stated that the area was located in a RUFB District. Mr. Fisher stated that the ordinance provided for the uses comtemplatea in proposed subdivision. Stated that if the commission wishes the area be re- zoned they will comply but the ordinance provides for all uses permitted in R-1 in RUF area. Mr. Ashmore stated that people approved an ordinance with half acre lots and this proposed subdivision provides smaller lots. Mr. Ventura asked now they intend to dispose of sewage. Stated that they have permission of Mr. A. T. Kunze, Sanitary Engr., Board of County Road Commission to connect into interceptor on Ann Arbor Trail. Suggested by commission that a letter be obtained from Mr. Kunze to this effect. Mr. Ventura stated that he would like to see lay out or water system and a solution to the school problem whicn would develop if this proposed sub- division is approved. The first step;is to have the area rezoned. ": The commission did not take any action on the proposed Westrail Subdivision as there would nave to be a change of zoning first. ora The secretary read petition by John B. Gonzales for permission to conduct an out door nursery sales known as Couch Landscape Planning Company on Parcel M69c located on the Northwest corner of Inkster and Joy Roads in the Southeast 1/4 of Section 36. Mr. Gonzales stated that he is operating at this time. Has obtained Park and Recreation licence, bond and stock has been inspected. Intend to build block building 20 x 2U. There will be no pottery just plants, trees, etc. No one was present opposed to petition. Upon a motion duly made by Mr. Salinas, seconded by Mr. Greene and unanimously carried, it was RESOLVED that, pursuant to a Public Hearing having been held on September 21, 1954 the City Planning Commission does hereby grant the petition of John B. Gonzales for permission to conduct an open air nursery sales known as Couch Landscape Planning Company on Parcel Mb9c located on the Northwest corner of Inkster and Joy Roads in the Southeast 1/4 of Section 36, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 5UU feet, petitioner, City Departments as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Salinas, seconded by Mr. Robinson and unanimously carried, it was RESOLVED that, Petition No. Z-60 by Thomas F. O'Connor asking that the zoning classification of Lots 1 through 32 inclusive of Howe Gardens Subdivision located on the North and South sides of Bennett • Avenue directly West of Merriman Road in the Southeast 1/4 of Section 10 be changed from RUFB to R-1 A be tabled until the adjournment of this public hearing, October 19, 1954 in order to notify property owners in Howe Gardens Subdivision by registered mail. The Chairman declared the foregoing resolution adopted. The Chairman called a recess at approximately 11:56 p.m. The Chairman called the meeting to order at approximately 12:10 a.m. Upon a motion duly made by.Mr. Hay, seconded by Mr. Marsha and unanimously carried, it was RESOLVED that, the public hearing be adjourned to October 19, 1954 and that the adjourned 49th Regular Meeting be called to order. The Chairman declared the foregoing resolution adopted and called the adjourned 49th Regular Meeting to order. The secretary announced that the first item on the agenda was the submission of the final plat of J. Ziegler Woods Subdivision, No. 2 located North of Dover Avenue between Middlebelt Road and Henry Rurr Road in the Southeast 1/4 gli of Section 35. Mr. Leonard R. Farber was present. Mr. Ventura asked if there were any changes made to the plat. Mr. Farber stated one or two lot dimensions were changed. Lot No. 7U was changed to Lot No. 241 and one lot was changed from 851 to 76t. Mr. Ashmore suggested the commission have letter from subdivider listing the changes made after tentative approval. Mr. Ventura asked if the bond had been posted. Mr. Ashmore stated that it had and that in the future he will send copy of letter to commission stating that bond has been approved. Upon a motion duly made by Mr. Hay, seconded by Mr. Greene and unanimously carried, it was RESOLVED tnat, final or record plat of J. Ziegler Woods Subdivision, No. 2 located North of Dover Avenue between Middlebelt and Henry Ruff Roads in the Southeast 1/4 of Section 35 be approved and that the Building Department be notified that permits may now be issued. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the letter sated September 13, 1954 from Mrs. Marie M. Ford regarding Child Care Center to be located between Stark Road and Laurel Avenue on the North side of Pinetree Street. Mrs. Marie Ford and Mrs. Faye Davis were present. L Mrs. Ford stated that the building they proposes to use is locates at 34500 Pinetree Street which at one time was a grocery store. The children would be two to five years old. There would be approximately 20 children. The number would be set by Mrs. Fithian, State Dept. of Social Welfare, Childrents Department, after inspection of building. The purpose of Cnild Care Center is to have supervised plat for local children of working mothers. The building has to have approval of Fire Department and health Department after which a licence has to be obtained. There was a lengthy discussion as to whether or not there should be a public hearing. Upon a motion duly made by Mr. Hay, seconded by Mr. Greene and unanimously carried, it was RESOLVED that, a Public Hearing be held on the proposed Child Care Canter to be located between Stark Road -and Laurel Avenue on the North side of Pinetree Street; that the Planning Commission endeavor to obtain information as to how adjoining communities handle said matter; and petitioner is requested to present approval from State showing the number of children allowed in proposed Child Care Center. The Chairman declared the foregoing resolution adopted. IL The secretary read the letter dated September 16, 1954 from Mr. Hugh Wood, Jr. Chief Inspector regarding the release of performance bond for removal of sand nill at 35200 Schoolcraft Road. Mr. Ventura stated that the top soil committee had inspected area in question and that it is not in shape for growing turf. Mr. Harsha asked whether they are leaving land in as good condition as it was originally. Mr. Ventura stated there is a ridge between this property and the adjoining property. This ridge should be cleaned up. Mr. Steinhoff asked whether we could make them come to a common grade. Mr. Ashmore stated yes within reason. Mr. Middlewood asked how the Building Department is to determine what will grow turf. Mr. Robinson stated that he believed it is fit to grow turf. Bond should not be released until there is proof turf will grow and until such time the hill or ridge has been removed from property. Mr. Harsha stated that he did not believe it is commission's duty to inspect this. The D.P.W. and other departments should come back to commission with report. Mr. Ventura stated that the commission could have engineer make a survey as to grade. Upon a motion duly made by Mr. Hay, seconded by Mr. Harsha and unanimously carried, it was RESOLVED that, a copy of the minutes of the meeting September 21, 1954 pertaining to the top soil committee's report concerning release of performance bond on Permit No. lb be forwarded to the Building Inspector in answer to his letter dated September 1b, 1954. The Chairman declared the foregoing resolution adopted. Mr. Harsha made the following comments concerning the Rosedale Meadows Sub— division and the street names therein: (a) One long curved road with two names, ana (b) Short North and South street which does have a different name, and (c) While Grandon comes in right across the street, the street does not carry through. Upon a motion duly made by or. Harsha and seconded by Mr. Robinson, it was RESOLVED that, statements dated September 1, 1954 from Waring and Johnson for the month of August, 1954 for $182.34 and dated September 13, 1954 from Lawrence Kind for services August 31, 1954 for X675 be presented to the proper department for payment. A roll call vote on the foregoing resolution resulted in the following: AXES: Hay, Harsha, Robinson, Steinhoff, ureene, Ventura and Salinas NAYS: None Upon a motion duly made by Mr. Steinhoff,- seconded by Mr. Robinson and unanimously carried, it was RESOLVED that, minutes of the meeting August 17, 1954 be approved as presented. The Chairman declared the foregoing resolution adopted. Mr. Asnmore states that he would like to arrange a meeting with the top soil committee to discuss changing the Subdivision Rules and Regulations in re- gard to top soil removal. Mr. William Ponder was present to discuss Rosedale Meadows Subdivision, No. 2 Stated that it is his opinion that public hearing is not necessary as the property has already been presented at a public hearing and the entire master plan has been approved by the commission and the City Council. Mr. Ventura asked it he was referring to the street lay out being approved. Jr. Ponder stated he was. Mr. Ventura asked whetner a plat has been presentee showing the lots, etc. Mr. Ponder stated no. Mr. Ventura stated in his opinion the plat would have to be presentee at a Public Hearing as the approval of the streets would not constitute approval of the plat. Mr. Harsha stated he objected to this matter being presented at this time. Upon a motion duly made by Mr. Steinhoff, seconded and unanimously carried, it was RESOLVED that, this meeting be adjourned. At approximately 1:15 a.m. the Chairman declared the meeting adjourned. /C,04)- Rhino Salinas, Secretary ATTESTED: .c:1—i0/7.77? .Trd,4Z;iLw eter A. Ventura, Chairman