HomeMy WebLinkAboutPLANNING MINUTES 1954-12-28 reib
MINUTES OF & PUBLIC HEARING AND THE
52ND REGULAR MEETING OF THE CITY PLANNING COMMISSION
A Public Hearing and the 52nd Regular Meeting of the City Planning Commission
were held on Tuesday, December 28, 1954 at the City Hall, Livonia, Michigan.
The Public Hearing was called to order by Chairman Peter A. Ventura at
approximately 8:00 p.m.
Members present: William Robinson Karle Steinhoff Peter A. Ventura
Robert L. Greene Adelaide Nielsen Rufino Salinas
H. Paul Harsha
Members absent: Dallas F. Hay
Edwin Conway
The following were present together with approximately 15 people attending
the public hearing and the regular meeting.
Rudeell Ashmore, City Attorney
Lieutenant Bob Perry - Fire Department
A. Ward McCain, President Livonia School Board
W. K. McCary, Supt., Department of Public Works
The secretary read the petition by H. W. Curtner, H. W. Curtner Agency for
permission to erect Drive-In Restaurant, Dairy Queen or Root Beer Stand on
part of Parcel D8 located at 30915 Plymouth Road situated on the Southwest
corner of Plymouth and Hubbell Roads in the Northwest 1/4 of Section 35. The
secretary read letters dated December 26, 1954 from H. W. Curtner; dated
December 27, 1954 from James T. Elias; portion of letter dated December 28,
1954 from Robert Baumgartner, Sergeant Livonia Police Department and state-
ments by Erica and Henry R. Rasmussen, Helen and Billy B. Curtner, and Louis
R. Humpert stating they were not opposed to this petition.
Mr. H. W. Curtner stated that at this time he would like to have permission to
construct a Drive-In Restaurant. The only reason he listed the Dairy Queen
and Root Beer Stand is that they are all the same type of businesses.
Mr. Greene asked if he had provided for off-street parking. Mr. Curtner
stated that he tried to make plans show that there is ample off-street
parking available. Stated that he was told a 20' building as shown on his
plan requires space for six cars. There is ample space for six cars and more.
Stated when he bought the property it was a mud hole and that he has increased
the property value in the area.
Mr. Salinas asked the size of the lot. Mr. Curtner stated it was 112 x 275
with the smalloffice building. Part where restaurant is to be located is
75 x 2.50.
Mr. Harold Walburn, 11000 Hubbell asked whether the access to the building
will be both from Plymouth and Hubbell Roads. Mr. Ventura stated there was
not a plan showing the egress and ingress but from the plans available it does
not show access from Hubbell Road.
Mr. Walburn stated he does not object to the Drive-In Restaurant but he and
his neighbors are concerned with the problem connected with this use. Stated
in this particular section along Plymouth Road in front of the proposed Drive-
C,^
1fl
In Restaurant there has been two deaths and several car accidents. There is
not a stop light in that whole mile. Hubbell is a dead end street. Flood
lights, noise and litter might be objectionable to adjacent property owners.
Mr. Ventura asked the number of residents Mr. Walburn was representing.
Mr. Walburn stated three others beside himself.
There were three people present in concurrence with Mr. Walburn.
Mr. Curtner stated the number of other uses permitted in this particular type
of zoning.
Mrs. Nielsen asked the number of people who live in the immediate area on
Hubbell. Mr. Walburn stated there are 11 families on Hubbell.
Mr. Ventura stated he had discussed this petition with Mayor Hartom and had
been informed that he is in the process of appointing a committee to study
Drive-In Restaurants and that the said committee will be appointed shortly
after the first of the year. Recommended that this petition be tabled until
this committee is appointed and commission has obtained recommendation from
them.
Mr. Ashmore stated he has written another city for their ordinance on gas
stations and Drive-In Restaurants.
Mr. Greene asked that a letter be written to Chief Harmon asking him to
elaborate on his letter giving his reasons for differentiating between the
three uses.
Mr. Harsha stated a light has been promised at Merriman and Hubbell for some
time. Stated that if something is in the offering then perhaps this will
eliminate some of the objection.
Mr. Ventura suggested that the residents take this matter to the Traffic
Commission. Mr. Ashmore stated a petition has been filed with the Traffic
Commission for such a light.
Upon a motion duly made by Mrs. Nielsen, seconded by Mr. Harsha and
unanimously carried, it was
RESOLVED that, petition by H. W. Curtner, H. W. Curtner Agency for
permission to erect a Drive-In Restaurant on part of Parcel D$
located at 30915 Plymouth Road situated on the Southwest corner of
Plymouth and Hubbell Roads in the Northwest 1/4 of Section 35 be
tabled until the commission has obtained report from committee
which is to be appointed by Mayor Hartom to study Drive-In Restaurants
as a whole.
The Chairman declared the foregoing resolution adopted.
Mr. Ashmore stated that the Judge without giving formal decision has stated
that the Garofalo Drive-In Restaurant is against subdivision restrictions and
will have to be torn down. Formal decision will be announced when Briefs are
in. This is a separate law suit on its own merits.
i. 1
The secretary read the petition by J. J. Rinehart, Highland Oil Corporation
for permission to construct a retail gasoline service station on Lots 1
through 5 inclusive, Elmdale Subdivision located on the Northeast Corner of
Middlebelt andive Mile Roads in the Southwest 1/4 of Section 13. The
secretary read letters dated December 27, 1954 from Calvin Roberts, Chief
Livonia Fire Department and portion of letter dated December 28, 1954 from
Robert Baumgartner, Sergeant Livonia Police Department. Messrs. E. R. Swartz-
enberg, Evangalos Karvalos and Mr. Hamilton (representing property owner) were
present.
No one was present opposed to this petition.
Mr. Swartzenberg stated that the Highland Oil Corporation's object was to
serve people who carried Credit Cards and to develop property along lines of
good business. Submitted for commission's inspection photographs of existing
condition of property. Stated service station business is highly competitive
and that it is necessary to get on the corners.
Mr. Ventura asked the worth of the station when it is completed. Mr. Swartz-
enberg stated it cost $30,000 for the land and $70,000 is the total cost.
Stated it would be a two bay station.
Mr. Salinas asked if the house presently on property will be torn down.
Mr. Swartzenberg stated it would and that it has been condemned.
Mr. Hamilton discussed the type of zoning now in effect in t he area. Stated
on 100' property it is impossible to develop any type of shopping district and
have sufficient off-street parking. Stated he has been trying to see reasons
why this differential between gasoline stations and other businesses.
Mr. Ashmore stated that in Connecticut there has been adopted by 75% of cities
an ordinance regulating Drive-In Restaurants and gasoline service stations.
Feeling is that they are different than other businesses. They have regulated
the frequency in a given area.
Mr. Hamilton stated property is 100 x 100 with 20' alley in the rear.
Mr. Greene asked Mr. Ventura whether commission was going to table all Drive-
In Restaurants and gasoline stations until commission has report from committee
and an ordinance. Mr. Ventura stated the Drive-In Restaurant is a different
situation and that he would not make the same recommendation for gasoline
stations as he did for the Drive-In Restaurant.
Mr. Swartzenberg stated it might be possible to purchase an additional 20'
and that there is ample off-street parking for their needs. Stated the station
is leased to operators on a 30 day basis and that stations are for business
and business only.
Upon a motion duly made by Mr. Robinson and seconded by Mr. Greene, it was
RESOLVED that, pursuant to a Public Hearing having been held the
City Planning Commission does hereby grant the petition of
J. J. Rinehart, Highland Oil Corporation for permission to con-
struct a retail gasoline service station on Lots 1 through 5 in-
clusive, Elmdale Subdivision located on the Northeast corner of
Middlebelt and Five Miles Roads in the Southwest 1/4 of Section
12, and
cl
FURTHER RESOLVED, notice of the above hearing was sent to property
owners within 500 feet, petitioners and City Departments as listed
in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Robinson, Greene, Nielsen and Ventura
NAYS: Steinhoff, Harsha and Salinas
The secretary read the petition of Earl E. Bilger for permission to construct
a gasoline service station on Parcel F5 located on the Northeast corner of
Ann Arbor Road and Ann Arbor Trail in the Northeast 1/4 of Section 31. The
secretary read letters dated December 27, 1954 from Calvin Roberts, Chief
Livonia Fire Department and portion of letter dated December 28, 1954 from
Robert Baumgartner, Sergeant Livonia Police Department
Mr. Bilger stated that for the past two years he has not been given permission
by Chief Harmon to operate fruit market at this location. Stated that he has
three acres approximately and that the island as shown in the station plans
can be moved back when the road is widened. The plans were drawn with the
knowledge that the road would be widened at a future date.
Mr. Ventura asked the cost of the proposed station. Mr. Bilger stated the
station will cost $32,000 and that it will be a Socony Vacuum Station.
Mr. Salinas asked what was on other corners. Mr. Bilger stated two corners
are vacant and there is an existing gas station on the third.
No one was present opposed to the petition.
Mr. Greene stated that everytime the commission considers this location the
matter of traffic hazard is presented. This is another instance where a
traffic light may solve the problem.
Mr. Greene asked whether the motion should include the incorporation of a
fire hydrant as recommendated by the Fire Department. Mr. Salinas stated the
commission cannot force petitioner.
Upon a motion duly made by Mr. Salinas, seconded by Mr. Harsha 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 Earl E. Bilger
for permission to construct a gasoline service station on Parcel F5
located on the Northeast corner of Ann Arbor Road and Ann Arbor Trail
in the Northeast 1/4 of Section 31, 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 Chairman called a recess at approximately 9:07 p.m.
The Chairman called the meeting to order at approximately 9:20 p.m.
The secretary read the petition by Mr. Mark T. Jacobson, Edward Rose and Sons
requesting approval of the proposed Livonia Meadows Subdivision located on
the Northwest corner of Six Mile and Inkster Roads in the Southeast 1/4 of
Section 12. The secretary read letters dated December 27, 1954 from Calvin
Roberts, Chief Livonia Fire Department and dated December 27, 1954 from Hugh
Wood, Jr., Chief Inspector. The secretary announced that he had been informed
that a representative of the Redford Township Zoning Board had looked at the
proposed subdivision plat and had stated he had no objection to said plat.
Mr. Mark T. Jacobson was present and submitted letters dated August 11, 1954
addressed to C & M. Engineering Company from Mayor Elbert M. Hartom; dated
November 22, 1954 addressed to Edward Rose & Sons from Herald Hamill and
dated February 4, 1954 addressed to Lester French, Director of Public Works
from Herald F. Hamill regarding storm and sanitary sewers. The secretary read
these three letters as presented by Mr. Jacobson.
Mr. Jacobson stated he had petitioned the City Council for paving of Deering
between Curtis and Six Mile Roads and that said petition was denied by the
Council until the area has been platted. It is the desire of Edward Rose &
Sons to pave both sides of Deering.
Mr. Harsha asked what property would be used for pumping station. Mr. Jacobson
stated when letter was written the location of pumping station was not of
consequence. Probably would be located on Deering.
Mr. Ventura asked whether the School District has purchased school site.
Mr. Jacobson stated they have indicated they want 15 acres and have agreed
as to the location but have not moved to purchase it.
Mr. Ventura stated he had received call from Mr. Michaelson and that he in-
formed him there was no facilities to house children that come into this area.
Mr. McCain stated the School Board has not been able to get down to basis with
Edward Rose and Sons.
Mr. Jacobson stated there had been only one meeting and that was with Dr. Brem-
beck.
Mr. McCain stated they have asked for price and that they feel offer should
come from owner and not the School ➢bard. Mr. Jacobson stated they have
given price but not in writing.
Mr. McCain stated they have had very little cocageration and that in Section 16
they had to have their own engineer arrive at a legal description of property
owned by these same people. Have had to resort to condemnation in this
section.
Mr. Jacobson stated it was not a lack of cooperation on Edward Rose and Sons
part but on the School Board part. Have written letters to Dr. Brembeck
which have not been answered. Mr. McCain stated letters have been turned
over to attorney.
Mr. Ventura stated Edward Rose and Sons and the School Board should have a firm
agreement before plat is acted upon.
Mr. McCain stated the School Board will be having a meeting Thursday night at
which time they would appreciate representative of Edward Rose and Sons.
Mr. Ventura stated that before the commission again takes up this plat that
there should be a letter informing commission of negotiations. Mr. Jacobson
stated that the plat itself should no- have to wait for agreement.
Mr. Steinhoff asked the feeling of Mr. McCain on backing up of houses to school
site.
Mr. Ventura referred to the letter by Chief Roberts regarding fire hydrants
and the fact that a plan was not submitted. Mr. Jacobson stated it was his
understanding improvement plans are submitted after tentative approval of
street layout. Cannot make utility plans until street plan is approved.
Mr. Ventura read Section 3.02 of the Subdivision Rules and Regulations and
stated Chief Roberts was within his rights asking for such a plan.
Mr. Ventura asked whether the proposed plat has been submitted to the County
Road Commission inasmuch as it is bordering on a County Road. Mr. Jacobson
stated they have seen it in referrence to the sewers but not in referrence
to the plat itself. Mr. Ventura read from State Platting Law where if a
subdivision plat is bordering on a county road it must have the approval of
the County Road Commission. Mr. Jacobson stated in most municipalities the
County Road Commission approves plat when it goes through the recording pro—
cedure.
Mr. Ventura stated the County Road Commission should have something to say at
this point.
Mr. Ashmore stated the County Road Commission has requested that any plat on
county road be submitted to them prior to approval.
Mr. Salinas asked their interest in plat. Mr. Ashmore stated from traffic
standpoint and ingress and egress to subdivision.
Mr. Harsha stated the commercial area as shown on the proposed subdivision
plat is 500 x 500 and the zoning map does not show area to be this large.
Mr. Jacobson stated a larger shopping center in their opinion was more
desirable than small center.
Mr. Ventura stated that in the proposed subdivision houses are siding on Six
Mile Road and yet on the South side they are fronting on Six Mile Road. The
Commission has been critized for this in the past. Mr. Jacobson stated he
would much rather back houses up to Six Mile Road and Inkster Road if the
commission would agree. Stated that they would endeavor to work this out but
if it is not feasible will bring back the way it is.
Mr. Greene stated that they have had criticism on the School Advisory Board
regarding lots that back up to a school site such as indicated on the sub—
division plat. Mr. Jacobson stated that having streets on four sides of
school would increase traffic.
Mr. Salinas stated he could not see what would be accomplished by backing
houses up to Six Mile Road.
Mr. Ventura suggested commission members look at subdivision on North side of
tm'
Joy Road between Beech and Inkster Roads which has houses backing up to main
road.
A poll was taken toascertainthe commissionts feeling on houses backing up
to Six Mile Road in which it was unanimous that this be done.
Mr. Steinhoff stated it would create better parking situation with streets
around school.
Mr. Ventura stated he did not see necessity of through street such as Bennett.
Mr. Steinhoff questioned how the house would set on Lot 94. Mr. Jacobson
stated it would face on Bennett in theory.
Mr. Steinhoff stated he would like to have letter from Mr. Kunze regarding
newer.
Mr. Ventura asked where the storm water would go. Mr. Jacobson stated branch
of Bell Creek.
Mr. C. E. Clark, 17961 Deering stated that because of topsoil removal this
property lies low and there is water standing. Neighbors back yard which is
located six or seven lots down floods from area across the street. Topsoil
has been removed up until this past summer. Started removing year before.
Mr. Harsha stated that if the natural grade was towards this branch of Bell
Creek this additional pressure will not burden it.
Mr. McCary stated that water may run off fast with storm drains but in general
did not think it would cause enough difficulty to worry about in creek of this
size.
Mr. Ventura suggested Mr. McCary make survey before next meeting.
Mr. Clark stated that before they took topsoil off road was bad and that
since removal the road is better. Asked about the paving of Deering.
Mr. Jacobson stated 75% have signed papers to pave Deering. Mr. Clark stated
he has not been told about this. Stated there were six homes along there now.
There was a question about Lathers, rur}ning through.
Mr. Ventura askedfor area plan which has failed to reach commission.
Mr. Ray W. Tent, 18051 Deering stated he was under same opinion as Mr. Clark
as to paving of Deering. Opposed to this paving. Has been told Rose and Sons
was going to pave half and rest remain as is.
Mr. Ventura suggested subdivision plat be tabled until commission has infor-
mation as asked for.
Mr. Jacobson stated he did not believe understanding with School Board should
be had before plat is approved.
Mr. Ashmore statdd the City Council has sent to this commission a resolution
leir6
to the effect that no plat would be approved until there is provision for ,="
school site.
Upon a motion duly made by Mrs. Nielsen, seconded by Mr. Harsha and
unanimously carried, it was
RESOLVED that, proposed Livonia Meadows Subdivision located on the
Northwest corner of Six Mile and Inkster goads in the Southeast
1/4 of Section 12 be tabled until the petitioner submits a new
revised plat incorporating the recommendations given at this hear—
ing and FURTHER that they have agteement with School Board regarding
school site.
The Chairman declared the foregoing resolution adopted.
The Chd rman announced that the Public Hearing would be adjourned and that
the 52nd Regular Meeting would be called to order at this time.
The secretary announced that the first item on the agenda was Petition No. V-7
by Peter W. Decker, et al asking that that portion of Sunset Avenue situated
North of Robert Avenue within J. F. Ferry Subdivision, No. 1 in the Northwest
1/4 of Section 35 be vacated. Mr. Decker was present.
The secretary read letter dated December 20, 1954 from W. R. McCary, Supt.,
Department of Public Works.
Mr. Decker stated he had no objection to this recommendation.
Mr. Ashmore asked whether Mr. McCary's position would be the same to the
balance of this area.
There was a discussion about vacating the entire street both in Subdivision
No. 1 and Subdivision No. 2.
Mr. Ashmore stated he did not see any reason for another hearing on this same
thing for continuation of this street. Willing to go on record stating that
commission does not have to give public notice on the vacating of the balance
of the street.
Mr. Stone representing Devonshire Park Subdivision was present and stated he
had no objection. There is a six foot easement on their property.
Upon a motion duly made by Mr. Harsha, seconded by Mr. Greene and unanimously
carried, it was
RESOLVED that, Petition No. V-7 by Peter W. Decker, et al be amended
to read that a 141 easement be retained from the North property line
of Robert Drive to the North line of J. F. Ferry Subdivision, No. 2
property.
The Chairman declared the foregoing resolution adopted.
Upon a motion duly made by Mr. Harsha, seconded by Mr. Robinson and
unanimously carried, it was
177
RESOLVED that, pursuant to a Public Hearing having been held on
December 7, 1954 on Petition No. V-7 by Peter W. Decker, et al
the City Planning Commission does hereby recommend to the City
Council that this half street Sunset Avenue be vacated from the
North property line of Robert Drive to the North line of J. F.
Ferry Subdivision, No. 2 and that from that 30' the Easterly
14' be retained as an easement for public utilities, and
FURTHER RESOLVED, notice of the above hearing was publishdd in
the official newspaper, The Livonian under date of November 18,
1954 and notice of which hearing was sent to The Detroit Edison
Company, Chesapeake & Ohio Railway Company, Michigan Bell Tele-
phone Company, The Consumers Power Company, City Departments
petitioner and abutting property owners as listed in the Proof
of Service.
The Chairman declared the foregoing resolution adopted.
The secretary read letter dated November 12, 1954 from Mr. Henry S. Alper
regarding temporary directional sign. Mr. Joshua Stone was present represent-
ing Mr. Alper.
There was a discussion regarding a previous petition by Harry Slatkin Builders
and its disposition.
Mr. Harsha stated a sign on the corner of Middlebelt and Plymouth Roads was
granted by commission some time ago for sale of property and that the purpose
of sign has been changed from which it was originally granted.
Mr. Ventura asked Mr. Ashmore about the sign ordinance and its progress.
Mr. Ashmore stated it was in his desk.
Mr. Harsha stated Section 4.16, Zoning Ordinance tells the whole story.
Mr. Salinas asked whether C-2 uses would apply to M-1. Mr. Ashmore stated he
did not think so.
fir. Ventura stated that the sign at Middlebelt Road and Plymouth Road should
be torn down but that a person who builds homes should have the right to
advertise the product.
Mr. Stone stated he was agreeable to a time limit and that a six months time
limit would be satisfactory as they want the sign to advertise just the homes
in Devonshire Park Subdivision.
Mrs. Nielsen asked whether it was decided that a public hearing was not
necessary.
Mr. Ashmore suggested commission grant sign subject to the sign being checked
by Police Department before erebtion and that location be such that it will
not be objectionable.
Mr. Ventura stated he had letter from Mr. Thompson, State Highway Department
stating that Plymouth Road would not be widened for the next five years.
Mr. Stone stated the sign would be erected 20' to 25' insidelot line.
It 8
Mr. Harsha stated as long as sign does not interfer with Lester Shore's Green
house he would not object.
Upon a motion duly made by Mr. Robinson, seconded by Mrs. Nielsen and
unanimously carried, it was
RESOLVED that, permission be given Henry S. Alper to construct
directional sign on Southeast corner of Milburn and Plymouth
Roads for six months with the provision that it is to remain
there only six months and that it conform with all State Laws
and that it be kept back far enough as to not interfer with
traffic and Lester Shore's Greenhouse.
The Chairman declared the foregoing resolution adopted.
The secretary read letter dated December 22, 1954 from Marie W. Clark, City
Clerk regarding Bell Creek Farms Subdivision, No. 2 and letter dated
November 22, 1954 from Dyer C. Baird, Attorney for Mr. Robert J. Eoff.
Mr. Ventura brough commission up-to-date on what had transpired on this
subdivision.
Mr. Ashmore stated that he believed all the signatures of all the property
owners are on plat and to his knowledge all the improvements are in.
The secretary read letter dated November 20, 1954 addressed to Mayor Elbert M.
Hartom from Herald F. Hamill.
Mr. Ventura asked whether the commission wished to take poll as to whether
or not the commission wants to place them on the agenda of the next regular
meeting at which time commission can give the subdivider an extension of time.
Mr. Salinas asked why the commission couldn't give an extension of time at
this meeting.
Upon a motion duly made by Mr. Salinas and seconded by Mr. Greene, it was
RESOLVED that, an extension of six (6) months from this dated be
granted to Mr. Robert J. Eoff on Bell Creek Farms Subdivision
No. 2 located in the Northwest 1/4 of Section 15 to enable
Mr. Eoff to present final plat of Bell Creek Farms Subdivision,
No. 2 to the commission.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Greene, Steinhoff, Nielsen, Harsha and Salinas
NAYS: Robinson and Ventura
*Mrs. Adelaide Nielsen left the meeting at approximately 11:05 p.m.
The secretary read letter dated December 22, 1954 from Marie W. Clark, City
Clerk regarding Petition No. Z-74. The secretary read resolution adopted by
commission December 7, 1954 approving this petition as amended.
Mr. Ashmore suggested that the wording of the resolution should have been
1179
',verbally amended".
Mr. Ventura stated that a letter could be written to the City Council giving
them more information as requested.
Upon a motion duly made by Mr. Robinson, seconded by Mr. Steinhoff and
unanimously carried, it was
RESOLVED that, resolution adopted by commission December 14, 1954
appointing Mr. Peter A. Ventura to appear before the City Council
to request special appropriation from the Unallocated Fund to pay
statement from Herald Hamill be and hereby is recinded.
The Chairman declared the foregoing resolution adopted.
Upon a motion duly made by Mr. Steinhoff, seconded by Mr. Robinson and
unanimously carried, it was
RESOLVED that, minutes of meetings November 9, 1954, November 16,
1954, November 23, 1954, November 30, 1954 and December 7, 1954 be
approved as received.
The Chairman declared the foregoing resolution adopted.
Mr. Salinas stated that he had contacted Mr. David S. Geer, Planning Con-
sultant at which time he said he would call back and make appointment with
commission for interview but which he has never done. Mr. Geer is the last
consultant available in this area.
Mr. Ventura stated that Mr. Munson has brought back map that he was instructed
to prepare.
Mr. Steinhoff stated that each member should have copy of this map for study
Mr. Ventura stated that there is one known correction to be made.
Mr. Harsha asked if it was the desire of the commission to hire a consultant
at this time.
Mr. Robinson stated Mr. Richard B. Fernbach requested another interview before
commission made their decision.
Mr. Ashmore stated that if the commission would like to interview Mr. Geer he
might be able to arrange for such a meeting.
Mr. Harsha gave a brief report of the City Council meeting December 27, 1954
which he attended.
Mr. Ashmore read letter dated December 22, 1954 regarding the steel processing
plant permit obtained by Carl D. Wall.
Mr. Harsha stated he definitely thinks they by-passed the Planning Commission
1[416 in going to the Board of Appeals. They were aware of the procedure or they
would never have filed the previous petition. If the previous petition had
not been filed, would believe they had not intended to by-pass this commission.
Mr. Ashmore stated he agreed that it should come to this commission on
original petition and that if the application is denied then they can go to
the Board of Appeals.
Mr. Harsha stated that since this petition he has found out that such a plant
can be odorless and noiseless and would go along with it.
Mr. Ventura stated that Board of Appeals made the decision on the side yard
and that no consideration was given to smoke, noise, etc.
Mr. Harsha stated the Board of Appeals should have written a more com-
prehensive letter. Asked whether the ordinance can be changed in order to
make sure that such a petition comes to this commission.
Mr. Ashmore stated the question regarding the Labadie case which is in court
is whether he can apply for a Non-Conforming Use Application after the year
is up.
Mr. Ventura presented the problem presented to him by Mr. Cahill for an
engraving shop at Seven Mile Road and Farmington Road and whether that
type of business comes before commission for approval. A lengthy discussion
followed.
Upon a motion duly made by Mr. Greene, seooned by Mr. Steinhoff and
unanimously carried, it was
RESOLVED that, the meeting be adjourned.
At approximately 11:50 p.m. the Chairman declared the meeting adjourned.
Rufino alinas, Sedretary
ATTESTED:
Peter A. Ventura, Chairman