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HomeMy WebLinkAboutPLANNING MINUTES 1954-10-19 MINUTES OF A PUBLIC HEARING AND THE 50TH REGULAR MEETING OF THE CITY PLANNING COMMISSION LA Public Hearing and the 50th Regular Meeting of the City Planning Commission were neld on Tuesday, October 19, 1954 at the City Hall, Livonia, Michigan. The Public Hearing was called to order by Chairman Peter A. Ventura at approximately 8:06 p.m. Members present: William Robinson Edwin Conway Dallas F. Hay Karle Steinhoff Robert L. Greene Peter A. Ventura Adelaide Nielsen Rufino Salinas Members absent: *H. Paul Harsha The following were present together with approximately 75 people attending the Public Hearing and the Regular Meeting: Mr. Howard Middlewood, Building Inspector Lieutenant Bob Perry - Fire Department Edward F. Steiner, Director of Public Safety The secretary read the petition by Frank Grossman, Ajax Asphalt Paving, Inc. dated September 10, 1954 asking permission to establish within five years an asphalt manufacturing plant to be known as Asphaltic Concrete located on Parcel A5a,Ab,C5 and situated on the West side of Inkster Road approximately 850 feet North of C & 0 Railroad in the Northeast 1/4 of Section 25. The secretary also read letters from the following: (a) dated October 5, 1954 from Calvin Roberts, Chief Livonia Fire Department and (b) dated October 14, 1954 from Ray W. Tuer, Chairman Redford Township Zoning Board. Messrs. Frank Grossman, Arthur I. Gould, Attorney, 184137 San Juan, Detroit and Harry W. Kehn, 14836 Ardmore, Detroit were present. Mr. Gould stated that the asphalt plant would be located on the last 300 feet of plot without any plant on first 1,000 feet of area. The offices would be located in front area. Intend to use only gas therefore there would be no odor as with oil or coal. 'There is no smoke that can be seen when using gas. Mr. Ventura stated that the odors and fumes will be blown directly to the residential area. Mr. Conway stated he was definitely against asphalt plant. Mr. Salinas asked where they intended to store raw materials, sand and stone. Mr. Grossman stated 1,000 gallons of oil, sand and stone would be stored near the plant. Mr. Robinson asked the location of the present plant. Mr. Grossman stated there is no plant at present but the offices are located at 3206 Joy Road, Detroit. Mr. Kehn stated that the 45 feet frontage will be used as drive into back section which is zoned M-2. IL: Mr. Robinson asked how many would be employed. "r. Grossman stated a maximum of four at the plant and there would be the drivers. *Page 657 and 100 Mr. Ventura stated there is a R-3 District on the North side of Schoolcraft Road. Asked the reason it would take five years to establish plant. Mr. Grossman stated it was a matter of financing. Jar. Hay stated he did not think petition was in order at this time . Upon a motion duly made by Mr. Hay and seconded by Mr. Greene, it was RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby deny the petition of Frank Grossman, Ajax Asphalt Paving, Inc. for permission to establish within five years an asphalt manufacturing plant to be known as the Asphaltic Concrete located on rarcel A5a,A6, C5 and situated on the West side of Inkster Road approximately 850 feet North of C & 0 Railroad in the Northeast 1/4 of Section 25. Messrs. Hay and Greene withdrew their motion as there were people opposed to the petition who had not been heard. There were approximately 45 people present opposed to the petition. Mr. dames Thom, 17254 Warwick, Detroit stated that ne owned property on South side of Scnoolcraft 500 feet from the corner of Inkster Road which is presently zoned RUF' Talked with Mr. Benjamin Linsky, Chief Smoke Inspectot, Dept. of Buildings and Safety Engineering, Bureau of Smoke Inspection and Abatement, Detroit and he stated that he would recommend that asphalt plants be 1/2 to one mile from the nearest resident with the provision tnat slag sand not be used. Slag sand is not allowed in Detroit. Mr. Harold Zucke, 28735 Plymouth Road stated that this is not the place for this type of plant as there are too many houses near by. Mr. Ventura read Section 15.03 (c) from the Zoning Ordinance, No. 60. Upon a motion duly made by Mr. Greene, seconded by Mr. Conway and unanimously carried, it was RESOLVED that, pursuant to a Public Hearing having been held the .. City Planning Commission does hereby deny the petition of Frank Grossman, Ajax Asphalt Paving, Inc. for permission to establish within five years an asphalt manufacturing plant to be known as Asphaltic Concrete located on Parcel A5a,A6,C5 and situated on the West side of Inkster Road approximately 850 feet North of C & 0 Railroad in the Northeast 1/4 of Section 25, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, the Livonian under date of October 7, 1954 and notice of which hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary read the petition dated September 13, 1954 by Marie M. Ford for permission to establish a Child Care Center on Lot 53b1, Supervisor's Livonia Plat, No. 1 located on the North side of Pinetree Road approximately 350 feet West of Stark Road in the Northwest 1/4 of Section 33. The secretary also read the following letters: (a) dated October 14, 1954 from Mrs. Nellita D. Fithian, Wayne County Nursery School Consultant, Dept. of Social Welfare, Detroit and (b) dated October 15, 1954 from Calvin Roberts Chief Livonia Fire Department. Mrs. Marie M. Ford and Mrs. Faye Davis were present. The secretary announced that he had called Planning Commission's in near by areas with the following result: Redford Township — No experience, but did suggest fencing in play ground area. Dearborn ----- No experience. Dearborn Township ----- No experience. Detroit ------ Can only be established in a multiple dwelling district. No other restrictions. No one was present opposed to the petition. Upona motion duly made by Mr. Hay, seconded by Mr. Greene and unanimously carried, it was RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby grant the petition of Mrs. Marie M. Ford for permission to establish a Child Care Center on Lot 53b1, Supervisor's Livonia Plat, No. 1 located on the North side of Pinetree Road approximately 350 feet West of Stark Road in the Northwest 1/4 of Section 33, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary read the petition dated September 2y, 1954 by L. W. Draur, Slater Realty Company for permission to erect two signs 7' 9t' x 18' to be located on Parcel Ll locates} on the Southwest corner of Plymouth and Wayne Roads in the Northwest 1/4 of Section 33 and Lot 5, Alden Village Subdivision located on the North side of Plymouth Road approximately 345 feet West of Priscilla Lane in the Southwest 1/4 of Section 28. The secretary read the letter dated October 15, 1954 from George E. Harmon, Chief Livonia Police Department. Messrs. L. W. Draur and Edward LaVanway, LaVanway Sign Company 13970 Stansbury, Detroit were present. Mr. Hay stated that this exact petition was denied September 21, 1954 as the proposed signs are not to be located on the property that is being advertised. "r. Draur stated that in the former petition the proposed signs were for advertising purposes whereas these signs are for directive purposes. Mr. Steinhoff stated that the signs are already erected. Mr. LaVanway stated the signs erected are not the ones asked for in this petition. tl el Mr. Wood stated that these signs are temporary as they will be removed when , ' the homes in the subdivision are sold. "r. Greene stated that the first line in proposed sign may be for directive purposes but the remaining three lines are advertising builder and subdivision. Mr. Ventura stated that he had discussed signs with Mr. William L. Marvin Traffic Engineer, Michigan State Highway Commission and was sent copy of Michigan Law Controlling erection of signs on or along highways. Mr. Ventura read portions of the law. Stated that if the sign were on private property and .got on the highway right-of-way then the State Highway Dept. has no interest in the matter. It is only when the sign is placed on the Highway rpt-of-way that they are interested. Mr. Draur stated he has also talked with Mr. Marvin. Mr. Steinhoff stated that the signs erected now have the same information as being petitioned for. Mr. Ventura stated he thought the City Was in need of a Sign Ordinance. Stated he had asked `ter. Ashmore to prepare a Sign Ordinance some time ago. which he has not received. City needs an ordinance which would clearly state what signs are permissible ana what has to come before the Planning Commission. Mr. LaVanway stated that he thought the procedure in Livonia very good. The plans for a sign are inspected by the Building Department before sign can be erected. Mr. Draur stated that any sign now erected will come down and the new signs will conform with the one petitioned for. Mr. Greene read Section 11.02 (h) of the Zoning Ordinance, No. 60 and stated that if the sign is a advertising sign it could not get c)y but that if it is a directive sign it could. Mr. Ventura stated it was a matter of interpretation of the wording of the proposed sign. Upon a motion duly made by Mr. Hay and seconded by Mr. Conway, it was RESOLVED that, petition by L. W. Draur, Slater Realty Company for permission to erect two signs 71 9+f X 18' be tabled temporarily in order to give the Police Department an opportunity to send a car over to the location to see if the signs have been erected. A roll call vote on the foregoing resolution resulted in the following: AYES: Nielsen, Conway and Hay NAYS: Robinson, Steinhoff, Ventura, Greene and Salinas Upon a motion duly made by Mr. Robinson and seconded by Mr. Salinas, it was RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby grant the petition of L. W. M i tie) Draur, Slater Realty Company for permission to erect two signs 7' 9" X 181 located on Parcel Ll and situated on the Southwest corner of Plymouth and Wayne Roads in the Northwest 1/4 of Section 33 and Lot 5, Alden Village Subdivision located on the North side of Plymouth Road approximately 305 feet West of Priscilla Lane in the Southwest 1/4 of Section 28 providing the signs are erected to read and are located as stated in petition dated September 29, 1954, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Steinhoff, Nielsen, Conway, Greene, Ventura aid Salinas NAYS: Hay The secretary read the petition by Henry Carnick, Carnick Oil company asking permission to establish a two stall service station on Outlot A, Greenette Subdivision located on the Southeast corner of Plymouth Road and Garden Avenue in the Northwest 1/4 of Section 36. The secretary read letter dated October 15, 1954 from Calvin Roberts, Chief Livonia Fire Department. Mr. Ventura stated that due to illness the petitioner was unable to attend this meeting. Mr. Harold Zucke, 28735 Plymouth Road stated that he had a petition for a gas station for two years and appeared several times and could not get satisfaction. Told there were too many stations along Plymouth Road. Mr. Ventura stated that the commission requested Mr. Zucke to present plot plan and plans of the proposed station which ne never did. Mr. Zucke stated he gave plans to Mr. Hugh Wood and that because of illness he could not attend meeting. ,$pent 4700 on prints, etc. Objected to Mr. Carnick's petition as he did not feel he should be issued permit when he (Mr. Zucke) had applied first and had not received satisfaction. Mr. Ventura stated that in his opinion the commission has been fair Mr. Zucke did not notify commission he was unable to attend meeting. Mr. Zucke's petition was tabled several times in order to give him opportunity to present plans. Mr. Hay asked how far Mr. Zuckets proposed station was from Mr. Carnickts. Mr. Zucke stated 240 feet and that he will build as soon as he gets permission and permit. Upon a motion duly made by Mr. Hay, seconded by Mr. Conway and unanimously carried, it was RESOLVED that, petition by Henry Carnick, Carnick Oil Company asking permission to establish a two stall service station on Outlot A, Greenette Subdivision located on the Southeast corner of Plymouth Roaa and Garden Avenue in the Northwest 1/4 of Section 36 be tabled until November 16, 1954 in order to give the petitioner or representative an opportunity to appear. x_grj' ly } The Chairman declared the foregoing resolution adopted. The Chairman called a recess at approximately 9:15 p.m. The Chairman called the 50th Regular Meeting to order at approximately 9:30 p.m. The secretary announced that the first item on the agenda was the review of petition of Gertrude E. Ellis pertaining to the Drive-In Restaurant being constructed by Louis Garofalo on Lot 36, Liverance Subdivision. Mr. Ventura stated that the commission has received letter dated September 20, 1954 from W. W. Brashear, Brashear and Brashear stating that his client, Mr. Garofalo has no objection to a survey being made but that he does not feel that he should be asked to furnish a survey at his expense. Mrs. Mildred E. Zunick, 16751 Middlebelt Road had Mr. Herald Hamill take the measurements of the building in relation to the center of Six Mile Road. Read the letter from Mr. Hamill giving these measurements. Read the letter dated October 11, 1954 from Blanche Martin, Deputy Treasurer establishing the property on which taxes are being paid. Presented plot plan which was presented to the Building Department when the permit was issued and stated that commission will find that the building is located 40 feet South of the North line which would make 390 feet from the center of Six Mile Road. Lot line would be 350 feet from the center of Six Mile Road. As the commercial district is 350 feet South of the center of Six Mile Road, this building is not in a C-2 District. Read the building permit signed by Louis Garofalo and stated that Mr. Garofalo has sworn to something that is not so, therefore his permit is revokable. Recommended. in view of these facts that the commission recommend to the Building Department that a stop order be issued on this building. The determination of the commission should be whether or not Lot 36 is in a commercial district. Mr. Wood stated that Mr. Garofalo went to Mr. Waring and he was advised that Lot 36 is C-2. Mr. Greene stated that Mr. Waringts opinion has no legal standing as he was an advisor to this group. Mr. Middlewood stated that the commission has to determine whether the measurement is taken from the center of the road or from the lot line. Mr. Ventura stated that it is his contention that Mr. Garofalo made a false statement in his application. Mr. Robinson asked whether the original figures were available whereby these measurements were first arrived at and placed on the map. At approximately 9:50 p.m. Chairman Peter A. Ventura turned the Chair over to Dallas F. Hay. Mr. Greene asked if it was within jurisdiction of commission to recommend Building Department issue a stop order on the building. *H. Paul harsha arrived at approximately 9:50 p.m. 3 Mr. Hay suggested the resolution read that after careful study the commission finds that the building is located on residential property. 14 '1 Mr. Robinson stated that the commission should take the time to locate the original figures whereby measurements were placed on map when adopted. Mr. Hay asked Mr. Wood if it is established to his satisfaction that the building is in violation. Mr. Wood stated that ne would be interested in seeing the facts Mr. Robinson suggested. A lady in the audience stated that the surrounding community does not intend to go to court. It is their opinion it is Building Department's error; there— fore it is up to them to correct it. Mr. William Hansen, 29529 Munger reminded commission of abstract submitted at a previous meeting. Mrs. Ellis asked why the Building Department didn't go further before issuing permit. Mr. Wood stated that he held up the permit for two weeks. A man in the audience stated that an act of an official is binding only when they act in the scope :of their authority. Mr. Robinson stated he would like to consult with City Attorney. Upon a motion duly made by Mr. Ventura and seconded by Mr. Steinhoff, it was RESOLVED that, the City Planning Commission instruct the Building Department to put a stop order on the Drive—In Restaurant being constructed by Louis Garofalo on Lot 36, Liverance Subdivision as of 8:30 a.m. October 20, 1954 as it is commission's contention this building is located outside of the area zoned for commercial purposes. A roll call vote on the foregoing resolution resulted in the following: AYES: Steinhoff, Nielsen and Ventura NAYS: Robinson, Conway, Greene, nay and Salinas NOT-VOTING: Harsha Dallas F. Hay reliquished the Chair to Peter A. Ventura at approximately 10:05 p.m.. Mr. Robinson stated he was not sure that the jog takes in Lot 36. Mr. Ventura stated it was drawn at the time tne Zoning Map was adopted. Mr. James Butcher, 16750 Middlebelt stated ne was very much disappointed in the commission. Mr. Ventura read tne original abstract in which it stated Lots 50 through 58 were residential until January 1, 1945 atter which they may be used for business. All other lots are residential. At approximately 10:10 p.m. Chairman Peter A. Ventura turned the Chair over to 102 a Vice-Chairman H. Paul Harsha. Mr. Greene stated he voted "nye" because he thinks commission does not have a strong case because of the point brought up by Mr. Robinson and where the measurement is taken from. Mr. Ventura reminded commission of the last meeting at which time the commission asked Mr. Garofalo for a survey. Read the letter dated September 20, 1954 from W. W. Brashear. Upon a motion duly made by Mr. Ventura and seconded by Mr. Greene, it was RESOLVED that, the Planning Commission strongly recommend to the Building Department that a stop order be issued on the Drive- In Restaurant being constructed by Louis Garofalo on Lot 36, Liverance Subdivision as he is in violation of Section 17.04, Zoning Ordinance No. b0 which states, "Where the City Planning Commission is empowered to approve certain uses of premises under the provisions of this ordinance or in cases where the commission is required to make an investigation the applicant shall furnish such surveys, plans or other information as may be reasonably required by said commission for the proper evaluation and consideration of the matter." A roll call vote on the foregoing resolution rresulted in the following: AYES: Robinson, Nielsen, Conway, Greene, Hay, Ventura, Harsha and Salinas NAYS: Steinhoff rice Chairman H. Paul Harsha reliquished the Chair to Chairman Peter A. Ventura at approximately 10:20 p.m. The secretary announced that the next item on the agenda was the Petition No. Z-58 by Cyriel and Julia DeBusschere asking that the zoning classification of Parcel GG13c2 located on the Northwest corner of Gill and Seven Mile Roaas in the Southwest 1/4 of Section 4 be changed from AG to RUFB. The petitioners or a representative were not present. Upon a motion duly made by Mr. tray, seconded by Mr. Greene and unanimously carried, it was RESOLVED that, Petition No. Z-58 by Cyriel and Julia DeBusschere asking tnat the zoning classification of Parcel GG13c2 located on the Northwest corner of Gill and Seven Mile Roads in the Southwest 1/4 of Section 4 be changed from AG to RUFB be tabled until November 16, 1954 in order to give petitioner or representative opportunity to appear. The Unairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the petition of Henry Capala, Fil-Mar Super Markets, Inc. for permission to erect individual letters, which will consist of 120 square feet on the front marque of the store on Lots 19 through 22, Assessor's Plat Argonne State Subdivision located at 2'/531 Grand River Avenue and situated on the South side of Grana River irds Avenue between Antago and Rensellor Avenues in the Northeast 1/4 of Section 1. The petitioner or a representative was not present. Mr. Ventura stated that sign has been erected which consists of large plastic letters. Upon a motion duly made by Mr. Harsha, seconded by Mr. Robinson and unanimously carried, it was RESOLVED that, pursuant to a Public Hearing having been held September 21, 1954 the City Planning Commission does hereby deny the petition of Henry Capala, Fil—Mar Super Markets, inc. for permission to erect individual letters which will consist or 120 square feet on the Front marque of store on Lots ly through 22, Assessor's Plat Argonne State Subdivision located at 2'/531 Grand River Avenue and situated on the South side of Grand River Avenue between Antago and Rensellor Avenues in the Northeast 1/4 of Section 1, and FURTHER RESOLVED, that a letter be forwarded to the Inspection Department recommending that a violation be issued, and FURTHER RESOLVED, notice of the above nearing was sent to the property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. The Chairman declared the Foregoing resolution adopted. The secretary read the letter dated October 12, 1954 from T. G. Riehl, Hubbell, Roth & Clark, Inc. submitting revised plats of the proposed Rosedale Meadows Subdivision, No. 2 located on the Northwest corner of Joy and Merriman Roads in the Southeast 1/4 of Section 34. The secretary also read letters from the following: (a) dated October 18, 1954 from the Livonia Bureau of Inspection; (b) dated October'13, 1954 from A. T. Kunze, Sanitary Engineer, Board of Wayne County Road Commissioners; (c) dated October 5, 1954 from W. W. Bleakley, Shelaen Land Company; and (d) dated October 15, 1954 from Calvin Roberts, Chief Livonia Fire Department. Mr. T. G. Biebl was present. Mrs. Nielsen stated that Lots 547 and 515 do not have 55 reet frontage and Lots 547 and 548 do not have rear lot measurements. The street Maine joins Penn without jog although they are not named the same. Mr. Bienl stated tnat the lot sizes can be adjusted and the measurements inserted on Lots 547 and 548. Mr. Ventura stated that Mr. Michaelson informed him by telephone that there will be school facilities. The final plans will be drawn in a few weeks and the contracts let. Mr. iiarsha states that the Plat Committee would recommend that plat be given tentative approval provided width of Lots 547 and 515 be increased to 55 reet and Lots 547 and 548 rear lot measurements shown. Stated no one likes the street names as shown. Upon a motion duly made by Mr. Salinas, seconded by Mr. Steinhorf and unanimously carried, it was Q RESOLVED that, pursuant to a Public Hearing having been held on October 5, 1954 the City Planning Commission does hereby give under date of October 19, 1954 tentative approval to Rosedale Meadows Subdivision, No. 2 located on the Northwest corner of Joy and Merriman Roads in the Southeast 1/4 of Section 34, provided Lots 547 and 515 be increased to 55 feet frontage as required. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Petition No. Z-b0 by Thomas F. 01Connor 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. Mr. Thomas F. O'Connor was present. No one was present opposed to the petition. Upon a motion duly made by Mr. Robinson, seconded by Mr. Hay and unanimously carried, it was RESOLVED that, pursuant to a Public Hearing having been held on September 21, 1954 on Petition No. Z-b0 as submitted by Thomas F. O'Connor for a change of zoning in the Southeast 1/4 of Section 10 from RUFB to R-1-A the City Planning Commission does hereby recommend to the City Council that Petition No. Z-bU be granted, aha 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 Company, Cnesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers Power Co., City Departments and petitioner as listed in the Proof of Service. The Chairman aeclared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the amended petition of J. J. Burman, Service Sign Company for permission to erect a ground sign similar to that constructed by Mohawk Lumber Company on Parcel F3b located 32222 Plymouth Road and situated on the Northeast corner of Plymouth and Hubbard Roads in the Southeast 1/4 of Section 27. The secretary read a letter dated October 4, 1954 from Calvin Roberts, Chief Livonia Fire Department. Messrs. J. J. Burman and Robert Kalmback, General Manager, Bill Brown, Inc. were present. Mr. Ventura stated that Mr. Burman has offered to obtain for the commission copies of sign ordinances of near by communities. Mr. Burman submitted plan of proposed sign and stated that the located nas been changed to the East end of the building which is near the exit. Mr. Ventura stated he could not see the relation of sign to the center of the road. It was established that the building is located directly on the building line which is 60 feet from the center of the road. There was a lengthy discussion 4. 1 regarding the exact location of the sign. IL: Mr. Ventura statedtnat he did not think the commission has enough information. Upon a motion duly made by Mr. Hay, seconded by Mr. Robinson and unanimously carried, it was RESOLVED that, petition by J. J. Burman, Service Sign Company for permission to erect a ground sign similar to that constructed by Mohawk Lumber Company on Parcel F3b located 32222 Plymouth Road and situated on the Northeast corner of Plymouth Road and Hubbard Road in the Southeast 1/4 of Section 27 be tabled until November 9, 1954 in order to await a report from the committee (Messrs. Harsha and Conway) and to give petitioner opportunity to present clearer plot plan. The Chairman declared the foregoing resolution adopted. The secretary read a letter dated October 17, 1954 from William Robinson, Chairman Topsoil Committee on the removal of stock pile of topsoil from parcel containing 30.22 acres located approximately 1,900 feet East of Levan Road and between Schoolcraft and Five Mile Roads in the Southwest 1/4 of Section 20. Mr. Robinson stated that the front drain di.oh has been filled. Mr. Frank Ross, 35564 Schoolcraft concurred with the report of the Topsoil Committee and stated that Mr. Cummins brought in five or six loads of sand and junk. Upon a motion duly made by Mr. Hay, seconded by Mr. Greene and unanimously carried, it was RESOLVED that, it is the recommendatiai of the City Planning Commission that_the performance bond of George Cummins, Permit No. 15 not be released until conditions as stated in report dated October 17, 1954 by Topsoil Committee be fulfilled plus anything else that develops and FURTHER RESOLVED, a copy of the report dated October 17, 1954 by William Robinson, Chairman Topsoil Committee be forwarded to the Bureau of Inspection. The Chairman declared the foregoing resolution adopted. The Chairman called a recess at approximately 11:10 pm. The Chairman called the meeting to order at approximately 11:16 p.m. The secretary brought the commission up-to-date on the decision of the Board of Appeals regarding Appeal Case No. 112, Thomas D. & Marvel C. Boone. The secretary read the letter dated October 13, 1954 from John W. Hyde, Pro- fessor of Planning, University of Michigan. • L Upon a motion duly made by Mr. Hay, seconded by Mr. Robinson and ura nimously carried, it was RESOLVED that, letter dated October 13, 1954 from John W. Hyde, Professor of Planning, University of Michigan be placed on file. The Chairman declared the foregoing resolution adopted. The matter of subscribing to the ,Zoning Bulletin was- discussed briefly. The secretary read the opinion from George D. Haller, Special Legal Advisor regarding authority of City to impose conditions upon the granting of a re- zoning petition. Mr. Ventura brought the commission up-to-date on what had preceded on the petition by Charles G. Brown and the action of the commission and the City Council. Mr. Harsha stated that it was his opinion that the dedication originated with Mr. Brown rather that with the commission. Agreed with Mr. Haller, but if the commission is made an offer it is commission's duty to accept. Mr. Brown's statement was mase in front of witnesses and it is recorded in the minutes; therefo re it is binding. Upon a motion duly mace by Mr. Conway, seconded by Mr. Robinson and unanimously carried, it was RESOLVED that, the opinion from George D. Haller, Special Legal Advisor regarding authority bf City to impose conditions upon the granting of a re-zoning petition be placed on file. The Chairman declared the foregoing resolution adopted. The secretary read the letter dated October 13, 1954 from Malcolm F. Waring, Waring and Johnson regarding the retainer fee for the month of September. Mr. Ventura stated that the commission stated its position in the original resolution that Mr. Waring was to receive retainer fee if he turns over all property belonging to the City of Livonia or Planning Commission. Upon a motion duly made by Mr. Conway, seconded by Mr. Steinhoff and unanimously carried, it was RESOLVED that, a letter be written to Mr. Malcolm F. Waring, Waring and Johnson demanding immediate return of all property belonging to the City of Livonia or the Planning Commission. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Hay and seconded by Mr. Robinson, it was RESOLVED that, Invoice No. 6188b from Marsh Office Supply, Inc. in the amount of *8b.4O for No. 8445 Grey Art Metal File be forwarded to the proper department for payment. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Steinhoff, Nielsen, Conway, Harsha, Greene, Hay, Ventura and Salinas NAYS: None Upon a motion duly made by Mr. Hay, seconded by Mr. Steinhoff and unanimously carried, it was RESOLVED that, minutes of the meetings August 31, 1954 and September 15, 1954 be approved as presented. The Chairman declared the foregoing resolution adopted. Mr. Ventura read Resolution No. 1813 adopted by the City Uonncil October 18, 1954 advising the commission to direct complaints regarding legal advice to tne Mayor. Upon a motion duly made by Mr. Robinson, seconded by Mr. Conway and unanimously carried, it was RESOLVED that, a letter be written to The Honorable Mayor Elbert M. Hartom with materially the same information as was presented to the City Conncil under date of October 'f, 1954. Tne Chairman dedlared tne foregoing resolution adopted. Mr. Steinhoff stated that due to recent publications in the newspapers the commission should have an explaination from Mr. Greene. Mr. Greene asked now this is relative to commission or hearing. Mr. Ventura stated that perhaps the commis. on should take a stand that the opinions or actions of any particular member does not necessarily reveal the opinions or actions of the rest of the commission. Mr. Salinas stated that that is understood. Mr. "ay stated that in one of the papers it put the finger on the commission. Mr. Greene stated that the clarification should come from the paper and not from him. Mr. .obinson stated that he had met with the Regional Planning Commission and as they did not have a place to meet next month, November 10, 1954, he invited the commission to Livonia. Messrs. Conway and Robinson offered to meet with members of the Regional Planning Commission prior to November 10, 1954 to get preliminary information. sir. Harsha presented the problem of water supply in the City of Livonia and that the City of Detroit can cut off supply at any time leaving Livonia helpless. The Toronto Plan was discussed at a meeting in Detroit some time agp. The commission will have to consider this problem as it is part of the Master Plan. Upon a motion duly made by Mr. Hay, seconded by Mr. Robinson and unanimously carried, it was RESOLVED that, a Special Study Mebting of the Planning Commission be held October 26, 1954 to discuss the selection of a Planning Con- sultant, Topsoil Ordinance, Legal Advisor and other items. 1 '08 0.4 The Chairman declared the foregoing resolution adopted. Mr. Ventura stated it was his opinion that the commission could appeal the decision of the City Couhcil regarding the removal of topsoil by Westfield Topsoil:At, Sand Company. The City Council could have answered Judge Neuenfelt that the City Council has no jurisdiction over this matter. Upon a motion duly made, seconded and unanimously carried, it was RESOLVED that, the meeting be adjourned. At approximately 12:25 a.m. the Chairman declared the meeting adjourned. Ru " no 4=linas, Secretary ATTESTED: • 411r1P411,11: Peter A. Ventura, Chairman v Dallas F. Hay, Acting Vice-Chairman H. Paul Hars , Vice-Chairman