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HomeMy WebLinkAboutPLANNING MINUTES 1955-02-22 819 24-5 MINUTES OF A PUBLIC HEARING OF THE CITY PLANNING COMMISSION On February 22, 1955 the above meeting was held by the City Planning Commission at the City Hall, 33001 Five Mile Road, Liw nia, Michigan. Chair- man Peter A. Ventura called the Public Hearing to order at approximately 8:03 p.m. Mr. Robert L. Greene presided as secretary in the absence of Mr. Rufino Salinas. Members present: William Robinson Daniel Lepo H. Paul Harsha Edwin Conway Dallas F. "ay Peter A. Ventura Karle Steinhoff Robert L. Greene Members absent: Rufino Salinas The following were present together with approximately 75 people attending the Public Hearing: **Max Koehler - Building Department Lieutenant Bob Perry - Fire Department Albe Munson - Planning Consultant ****George Vilican, Jr. - Planning Consultant ***Willington R. McCary - Supt. of Public Works *Mr. Russell Ashmore - City Attorney The Secretary read letter dated February 21, 1955 from David Lewis regarding canvas back plat of Pearl Wilson Subdivision, No. 4 which was given final approval by the Commission February 15, 1955. Mr. George Lewis was present. Mr. Lewis stated that Sunbury and Brentwood Avenues through Pearl Wilson Sub- division, No. 4 to Livonia Estates, No. 3 is the only change from canvas back plat given final approval February 15, 1955. Stated that all engineering for this subdivision was approved with Pearl Wilson Subdivision, No. 3 and that the engineering covers the entire area. Mr. Ventura stated that Mr. Munson has suggested that the commission maintain an up-to-date map so that this will not happen again. Stated that this no doubt happened before the commission was requesting area plans. Mr. Robinson made the following motion: RESOLVED that, Resolution No. 2-44-55 giving approval to final plat of Pearl Wilson Subdivisbn, No. 4 and hereby is rescinded. Mr. Ventura stated that he did not see necessity of rescinding previous resolution. Mr. Lepo agreed with the Chair. Mr. Robinson withdrew his motion. Upon a motion duly made by Mr. Robinson, seconded by Mr. Lepo and unanimously carried, it was #2-50-55 RESOLVED that, the City Planning Commission accept canvas back plat of Pearl Wilson Subdivision, No. 4 as corrected to show Sunbury and Brentwood Avenues through Pearl Wilson Subdivision, No. 4 to Livonia Estates, No. 3. **Page 251 *Page 259 *Page 255 ***Page 257 24(3 The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Petition No. Z-82 by Custom Land Company asking that the zoning classification of Parcels G and H located on the North side of Five Mile Road approximately 1,300 feet West of Ashurst Road in the Southwest 1/4 of Section 16 be changed from AG-B to R-1-A. The secretary read letter dated December 3, 1954 from Mayor Elbert Hartom. Mr. Harold L. Rice, 2480 Penobscot Building, Det. 26 was present representing the petitioner. Mr. Rice submitted letters dated September 28, 1954 from Mr. Alfred A. Gannon, Sanitarian Division of Engineering, Wayne County Department of Health addressed to Mr. Robert Spoutz, 18050 Schaefer, Det. 35; dated December 15, 1954 from Mr. E. S. Michelson, Assistant Superintendent, Livonia Public Schools addressed to Mr. Harold J. Rice and dated November 24, 1954 from James M. Scanlon, Deputy, Wayne County Drain Commission addressed to Mr. Robert Spoutz. Mr. Ventura stated he was surprised with the statement in the letter from Mr. Scanlon which read "This office has no objection to the discharge of septic tanks into the open drain..." Mr. Ventura asked the size of the lots in the proposed subdivision. Mr. Rice stated the smaller lot is 15,500 square feet and the larger is about 74,100 (1-7/10 acre) square feet. Mr. Rice stated that the petition might be amended to that we ask for rezoning of land immediately adjoining Five Mile Road which will comprise 12 lots only. Stated that the Custom Land Company has built homes in Coventry Gardens Sub- division and that they do not intend to have a housing project. Stated homes will cost approximately $25,000 built solely to the individual purchasers specifications. Submitted pictures of homes that they intended to build in the proposed subdivision. Stated that when the homes are of this type they will be purchased by older people who do not have small children thus not creating a school problem. Stated land will take septic tanks and particularly when it is the intent to build only 12 homes over course of two years. Mr. Ventura mentioned another existing subdivision where the soil test showed ground was satisfactory but which has not been the case. Mr. Rice stated 12 lots which they intend to build are adjoining Five Mile Road. Submitted subdivision plan showing these twelve lots. Mr. Ventura stated he visited site and that in his opinion it seems to have low areas. Mr. Rice stated that that was one reason for the large lots -- plenty of high land to take care of drain fields. Mr. Robinson stated that there was a proposed sanitary sewer that would take in this area and asked why they could not connect into it. Stated that his client would like to build there immediately as they have money invested. Mr. Rice also stated they would restrict activities to the twelve lots. Mr. Robinson stated he would never vote for a subdivision that proposed to use septic tanks as many of the homes in his subdivision have 11,500 square feet and they are having trouble. Mr. Rice stated that it might be the improper installation of the system. Mr. Robinson stated trouble was not the action of the septic tank but the action of the drain. Stated land in this area is 821 247 not conductive to good drains. Mr. Rice stated he did not know of any other medium to apply to them. Mr. Ventura stated some other source should be consulted. Mr. Rice stated Mr. Scanlon's letter was written entirely on the prior approval of the Board of Health. _Mr. Ventura asked Mr. Rice if this was an attempt to have a peace-meal operation. Mr. Rice stated "no". Stated that in another year there will be a sewer and that they cannot build 12 houses in one year as they do not build that type of home. Mr. Ventura stated that in the paper the contract between the City of Livonia and Wayne County Drain Commission has been let and that wouldn't it be wise to wait as the sewer may be in by next summer. Stated that this commission has turned down requests requiring septic tank installations. Mr. Robinson stated that the proposed sewer has been in the planning stage for three years and for that reason did not think commission should approve petition because it still may not develop. Mr. Rice stated that they are not depending entirely on the sewer. Mr. Ventura stated 55 acres means a housing project. Mr. Robinson stated that the Wayne County Health Department has informed City that the storm sewer is polluted and that it is polluted from the septic tanks. Mr. Ventura stated the City Council had request from Coventry Gardens Improvement Association to cover drain because it was polluted and not fit for children to play near. No one was present opposed to this petition. Mr. Greene asked Mr. Munson if he had had any experience regarding matter of discharge of septic tanks into open drains. Mr. Munson stated situation has been "sad" wherever septic tanks are used. During the spring there is a flood condition. Where it is run out to open drain it has to go through very good leach bed which seldom works out satisfactory. Upon a motion duly made by Mr. Robinson and seconded by Mr. Steinhoff, it was #2-51-55 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-$2 as submitted by Custom Land Company for a change of zoning in the Southwest 1/4 of Section 16 from AG-B to R-1-A the City Planning Commission does hereby recommend to the City Council that Petition No. Z-82 be denied, and FURTHER RESOLVED, notice of the above hearing was published in 11[: the official newspaper, the Livonian under date of February 3, 1955 and notice of which hearing was sent to The Detroit .thdison Company, Chesapeake & Ohio Railway Company, Michigan Bell Tele- 248 phone company, The Consumers Power Company, City Departments and Petitioner as listed in the Proof of Service. -� A roll call vote on the foregoing resolution resulted in the following: 3 AYES: Robinson, Steinhoff, Lepo, Ventura and Greene NAYS: Conway, Hay and Harsha The secretary announced that the next item on the agenda was Petition No. Z-83 by Marion Lauderback asking that the zoning classification on Lot 55, Iris Gardens Subdivision and Lot 411, Supervisor's Livonia Plat, No. 7 located on the North side of Seven Mile Road approximately 300 feet East of Parkville Avenue in the Southwest 1/4 of Settion 1 be changed from RUFB to C-1. Mrs. Lauderback and Frank S. Gust, 21668 Tulane Lane, Farmington were present. Mr. Gust stated that some day Seven Mile Road will be widened at which time they wish sufficient room to build attractive building. Mr. Ventura asked whether there was a business on the lots now. Mr. Gust stated there is a garage, gasoline station and store which have been there for years. Mr, Ventura asked whether they had certificate of Valid Non—Conforming Use. Mr. Gust stated “non. Mr. Ventura read Section 4.18, Zoning Ordinance, No. 60 and stated that in his opinion they are in violation of the ordinance as of now. Mr. Gust stated they have had their license granted since the ordinance was adopted. Mr. Ventura asked about the sign on the property. Mrs. Lauderback stated the "for sale', sign has been on there for year. Mr. Gust stated they were going to sell but if the property can be rezoned they intend to take off pumps if street is widened. Mr. Robinson asked whether they have been conducting their busines. Mrs. Lauderback stated "yes". Mr. Hay stated that this has been before old township board many times. Stated these people bought it from former owners with understanding that it could not be changed. Mr. Fred Burns, 19005 Maplewood stated that he objected to petition. Stated that if it is rezoned they will have same thing. Lived at this address for 16 years and property has never been well kept. Mrs. Frank Kane, 29010 Seven Mile road stated that the building adjoining wooden building has been denied use of. Stated they were told not to finish or occupy building. Stated there isn't a place to park. Mr. Carroll Page, 28918 Seven Mile Road stated he did not agree to the spot zoning. Mr. Earl Iler, 19355 Weyher stated that he objected to petition as Seven Mile has not been business and did not think it should be now. E Upon a motion duly made by Mr. Hay, seconded by Mr. Conway and unanimously carried, it was #2-52-55 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. 7-83 as submitted by Marion Lauderback for a change of zoning in the Southwest 1/4 of Section 1 from RUFBrto C-1 the City Planning Commission does hereby recommend to the City Council that Petition No. Z-83 be denied, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of February 3, 1955 and notice of which hearing was sent to the The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Tele- phone Company, The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Petition No. Z-84 by David Lewis asking that the zoning classification of Outlot A, Livonia Estates Subdivision and Outlot B, Livonia Estates Subdivision, No. 2 located approximately 110 feet West of Lathers Avenue between Dover Avenue and West Chicago Blvd. in the Southeast 1/4 of Section 36 be changed from RUFB to R-1-A. Mr. David Lewis was not present. Mr. Ventura stated this was part of the over-all development in Section 36 for which engineering plans have been presented. Mr. Hay asked whether these outlots were left off original plat for C-1 area in the future. Mr. Ventura stated that because of poor drainage they might have been left off of original plat but that has been improved at this time. Mr. Hay stated this was not a large parcel. Mr. Ventura ascertained that outlots would take in approximately 28 building lots. No one was present opposed to this petition. Mr. Greene asked about the sewer situation. Mr. Ventura stated it is Sewer District No. 1 which is adequate. Upon a motion duly made by Mr. Robinson, seconded by Mr. Conway and unanimously carried, it was #2-53-55 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-84 as submitted by David Lewis for a change of zoning in the Southeast 1/4 of Section 36 from RUFB to R-1-A the City Planning Commission does hereby recommend to the City Council that Petition No. Z-84 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of February 3, 1955 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 and petitioner as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Petition No. Z-85 by Everard V. and Dorothy DeSouza asking that the zoning classification of portion of Lot 2, Isler's Subdivision located on the North side of Ann Arbor Trail approximately 300 feet East of Stark Road in the Southeast 1/4 of Section 33 be changed from RUFB to C-i. Mr. James DeSouza and Mrs. Everard DeSouza were present. Mr. DeSouza stated that he had asked a few of the neighbors and they did not seem to object to this rezoning. Mr. Robinson stated he visited site and that this would be spot zoning. No other business in the area except the convalescent home on the corner of Ann Arbor Trail and Stark Road. The bar is partly within Nankin Township and quite a distance from petitioners property. Mr. Conway asked the size of property. Mrs. DeSouza stated it is 290 x 400. Mr. DeSouza stated he would like to establish a store for television and appliances. Stated there was room for parking. Mr. Clayton Foor, Attorney, Wayne County Road Commission, 3702 Cadillac Tower Detroit 26 asked whether this property abutts the Middle Rouge Parkway. Stated that if it is he would have to object to it. In order to preserve park and to keep cars and businesses from interfering with people who come to park stated he thought it would be proper to add condition that a greenbelt be maintained so that people cannot come to and fro from business. Mr. DeSouza stated they were asking just for the frontage. Mr. Foor stated he would be glad to withdraw his objection if parcel fronting park is not included. Mr. Munson stated it wouldn't be in keeping with the intent of the over-all master plan to let this develop in the residential area. Mr. Conway asked Mr. Munson if he would recommend that as residential area. Mr. Munson stated "yes". Upon a motion duly made by Mr. Lepo, seconded by Mr. Harsha and unanimously carried, it was #2-54-55 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-85 as submitted by Everatd V. and Dorothy DeSouza for a change of zoning in the Southeast 1/4 of Section 33 from RUFB to C-1 the City Planning Commission does hereby recommend to the City Council that Petition No. Z-85 be denied, and FURTHER RESOLVED, Notice of the above hearing was published in the official newspaper, The Livonian under date of February 3 1955 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 and petitioner as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The Chairman called a recess at approximately 9:09 p.m. The Chairman called the meeting to order at approximately 9:22 p.m. with all present as named at the beginning of the meeting. *Mr. Russell Ashmore arrived at meeting at approximately 9:19 p.m. The secretary announced that the next item on the agenda was Petition No. Z-86-15b by Lawrence Morrison asking that the zoning classification of Lot 549, Supervisor's Livonia Plat, No. 9 located on the West aide of Newburg Road between Plymouth Road and Edward N. Hines Drive in the Southeast 1/4 of Section 30 be changed from RIIF3 to C-2. Mr. Milton L. Caplan, 1450 National Bank Building, Det. 26 was present representing the petitioner. Mr. Caplan stated that to deny this petition would not give his client the reasonable use of his property. Stated Plymouth Road was heavily traveled and property is located between auction house and Newburg Road. No other reasonable use could be made of property. Mr. Ventura asked whether this petition has been heard several times at the request of a different owner. Mr. Caplan stated Mr. Morrison does not own property and that he is purchasing it subject to it being rezoned. Petition was previously submitted by Mr. Newman. Mr. Lepo asked whether Mr. Caplan knew the type of business that would be established if the property is rezoned. Mr. Caplan stated only so far as it will be a use permitted in C-2 Bistrict. There would be sufficient parking and attractive buildings. Stated that the property to the West was a Non-Con- forming use at the time the ordinance was adopted. **Mr. Max Koehler arrived at meeting at approximately 9:25 p.m. Mr. Robinson asked approximately how many acres are involved. Mr. Caplan stated about three acres - 690 ft. frontage on Plymouth Road, Westerly boundary is 483.35 and 155' on Newburg Road. Mr. Ventura stated that it appears in the petition that Mr. Morrison lives in New York. Mr. William Schnell, 37470 Plymouth Road presented petition containing approxi- mately 38 names opposed to this petition. The secretary read the heading on the petition as submitted by Mr. Schnell. Mrs. William Schnell, 37470 Plymouth Road stated that Mr. Newman contended that at the time he purchased property he did not know it wasn't zoned for business. At the time of the City Council hearing, he admitted that he did know it was not zoned C-2. Stated that the auction house was existing 60 years ago; there- fore that property cannot be taken into account. Stated it is their desire to zi 5 maintain present standard of neighborhood without changing classification of r zoning. The change of zoning would affect the value of existing homes. Mr. John Hoffert, 37560 Plymouth Road concurred with Mrs. Schnell. 3 Mrs. Schnell stated that Mr. Caplan stated nothing objectionable would be placed on this property. Stated that C-2 District takes in many, many uses. Mr. Schnell stated that for the most part this property was purchased by the present owners. The present standard of the neighborhood was established 15 years ago. Mr. Clayton Foor, Attorney, Wayne County Road Commission, 3702 Cadillac Tower Det 26 stated that Mr. Davey represented the Wayne County Road Commission at the last hearing and at that time he advised this commission that the Road Commission is desirous of perserving the park. In order to preserve it, the commission wishes to suggest that a greenbelt be maintained on the South and East side of the parcel. Stated that he talked to Mr. Caplan and he has advised the Road Commission that a greenbelt will be dedicated 10' on the South and East side of the parcel. If this is done, then the people will not have access to the park from the business. Mr. Caplan stated that he was willing that approval be conditioned on dedication of 10' . Mr. Foor stated that the 10' should be dedicated to the park and not to the Road Commission. Mrs. Schnell asked even though a greenbelt is established, what is to prevent people running through greenbelt. Greenbelt is no security to ingress and egress as far as the people are concerned. _ Mr. Ventura stated that in his opinion C-2 District would cause a serious traffic condition. Mr. Caplan called the commission's attention to the character of the surrounding neighborhood. Mr. Foor stated in the commission's resolution January 15, 1954 the petition (No. Z-15—a) was granted subject not only to the greenbelt but also a cyclone fence. Mr. Greene stated that there is no question Plymouth will be C-2. Stated that "reasonable land use" is mentioned by petitioner. Asked Mr. Munson what in his opinion would be the solution to this problem. Mr. Munson stated he did not think it would be C-2. Stated that if this petition is approved there will be C-2 all along Plymouth which in his opinion is poor City planning. In view of the location of the parcel, it would seem that the transition should take place from Newburg West. Stated this parcel should remain residential. Mrs. Schnell stated they and neighboring residents have put in a considerable amount of money in improvements. Mr. Harry Crawford, 37500 Plymouth Road stated there are only two places that are businesses in this area. Opposed to this petition. Mr. Caplan asked what reasonable use could be made of property. Mr. Vilican stated the basis of business is to serve people and if you build where people do not want business you are not serving the people. One of the greatest evils is string developments. Because there is already business on Plymouth Road, it does not mean that it should be continued. Stated in his opinion it has become speculative. Stated that commission is assuming that land is more valuable because it is rezoned. Mr. Schnell stated the Rev. Jones, Pastor of church offered to buy property. Informed him that Mr. Newman set price which Rev. Jones accepted but which was later retracted. Mr. Harsha stated he was still not satisfied as to what is to happen to main highways. Who wants to build home on main street new. Twenty—nine years ago could see it but not today. Mr. Vilican stated that one can design around highway. Mr. Crawford stated that he checked into property and found that it was residential. Would not object to church if we could be sure the church would go in there. Mrs. Schnell stated that a church would be permitted without having land rezoned. Mr. Conway made the following motion which died for lack of support. RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-86-15b as submitted by Lawrence Morrison for a change of zoning in the Southeast 1/4 of Section 30 from RUFB to C-2 the City Planning Commission does hereby recommend to the City Council that Petition No. Z-86-15b be granted. Upon a motion duly made by Mr. Steinhoff and seconded by Mr. Lepo, it was #2-55-55 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-86-15b as submitted by Lawrence Morrison for a change of zoning in the Southeast 1/4 of Section 30 from RUFB to C-2 the City Planning Commission does hereby recommend to the City Council that Petition No. Z-86-15b be denied, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of February 3, 1955 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 and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Steinhoff, Lepo, Hay, Ventura and Greene NAYS: Conway and Harsha 2154 The secretary announced that the next item on the agenda was Petition No. Z-87 by Joseph F. and Stephan F. Slavik, Rouge Building Company asking that the zoning classification of Parcels FF2, II3b, II2, II1, HH and GG located on the Northwest corner of Schoolcraft and Inkster Roads in the Southeast 1/4 of Section 24 be changed from C-2, R-3-B and RUFH' to R-1-A and from R-3B to C-2 Messrs. Joseph Slavik and William Nern were present. Mr. Ventura explained to commission the location of present zoning and what has been requested rezoned. The secretary read letter dated January 19, 1955 from Christopher J. Mullet Wayne County Drain Commissioner addressed to The City of Livonia; dated January 21, 1955 from A. T. Kunze, Sanitary Engineer, Wayne County Road Commissioners addressed to Planning Commission; dated February 3, 1955 from Leonard Broquet, Supv. Township of Redford addressed to City of Livonia and petition giving consent to rezoning of parcels by owners within 500 feet. Mr. Slavik stated storm water will be disposed in the Blue Drain which they plan to cover as it runs through their proposed subdivision. Mr. Hay asked whether it stated in the petition the amount of land to be rezoned to C-2. Mr. Ventura ascertained by looking at the map accompaning the petition that it was 650 x 360. Mr. Ventura stated that Mr. Munson suggested that the commission be specific where the point of beginning is in regard to the C-2. Mr. Munson stated that the C-2 District should be North from the Southerly line of Section 24 rather than from the center line of Schoolcraft Road which curves northward from the section line as it approaches Inkster Road from the West. Mr. Hay asked if petitioner had met with the Board of Education. Mr. Slavik stated he had met with Mr. Michaelson once and one of his associates had met With Mr. Michaelson once also. Stated that they seem not to have any problem as far as the school site is concerned. Mr. Ventura stated that he sat in on an informal meeting between representatives of Rouge Building Company and Mr. Michaelson. Stated there is a school North of this proposed development and that no doubt they would have to add to school. Stated he knew of no plans for the addition. Mr. Hay asked whether the plat checks with the Park and School Master Plan. It was ascertained that the proposed subdivision did not include park or school site. No one was present opposed to this petition. Mr. Harsha asked how deep they were making the C-2 District. Mr. Ventura stated 520 feet from the section line. Upon a motion duly made by Mr. Hay, seconded by Mr. Conway and unanimously carried, it was #2-56-55 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-87, as amended as submitted by Joseph F. And ?9 b c.J Stephan F. Slavik, Rouge Building Company for a change of zoning in the Southeast 1/4 of Section 24 from C-2, R-3-3 and RUFB to R-1-A and from R-3-B to C-2 the City Planning Commission does hereby recommend to the City Council that Petition No. Z-87, as amended be granted subject to the reclassification of land to C-2 shall not be to a depth greater than 520 feet North from the Southerly line of section 24 (rather than from the center line of Schoolcraft Road which curves Northward from the section line as it approaches Inkster Road from the West) , and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of February 3, 1955 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. Mr. Ashmore stated that unless he is advised otherwise he will use description as stated in this petition. Mr. Ventura stated that the legal description of property is entirely within the province of the Legal Department and that Mr. Ashmore and Mr. Nern should get together and make sure that it is correct. The Chairman called a recess at approximately 10:43 p.m. The Chairman called the meeting to order at approximately 10:56 p.m. with all present as named at the beginning and course of the meeting. The secretary read letter dated December 21, 1954 from V. R. Breidenbach, Lytle Construction Company regarding approval of the proposed Ann Arbor Trail Subdivision. Messrs. V. R. Breidenbach and William Menzel were present. Mayor Elbert Hartom arrived at meeting at approximately 11:00 p.m. The secretary read letters dated November 10, 1954 from A. T. Kunze, Sanitary Engineer, County Road Commissioners; dated November 12, 1954 from Carl F. Martin, Supt., Parks & Forestry, County Road Commission; dated February 14, 1955 from Calvin Roberts, Chief Livonia Fire Department; dated January 13, 1955 from Dr. Cole S. Brembeck, Livonia School District addressed to Mr. V. R. Breidenbach and dated February 21, 1955 from Mr. Hugh Wood, Jr., Chief Inspector. Mr. Harsha, Chairman of the Plat Committee drew to the commission's attention that the houses along Ann Arbor Road would back up to Ann Arbor Road, lots seem to be proper size and the street width is correct. Stated there is one long block running along Richard (Southerly boundary) which in his opinion should have at least one street cutting through it. Mr. Steinhoff, Member of the Plat Committee concurred with report made by Mr. Harsha. 256 Mr. Breidenbach stated that he can take one lot and take care of the long block. Stated there would be a greenbelt along Ann Arbor Road partly on the easement. Stated they will put greenbelt in under specifications of the F.H.A. Mr. Ventura stated that ordinance stated greenbelt would have to be put in according to the recommendation of the Parks and Recreation Department. Mr. Breidenbach stated there will be a cyclone fence also. Mr. Robinson stated he could not see desirability of service drive as suggested in the letter from the Chief Inspector. Mr. Conway pointed out a lot backing up to side yard of another lot. Mr. Breidenbach stated they intend to design the house to hide rear yard. Mr. Ventura stated that he does not find anything objectionable to service drive. Stated that would relieve main thoroughfare. Mr. Robinson stated these homes back up to highway so that there would not be any thoroughfare. Mr. Ventura stated he was referring to Ann Arbor Trail. Mr. Ventura stated the plan shows seven streets cutting into Ann Arbor Trail. Mr. Breidenbach stated they submitted another plan which did not have this and it was turned down by this commission. Mr. Ventura stated there are several lots on Ann Arbor Trail which would require houses to face the streets Adams, Pere, Marie, etc. thus siding on Ann Arbor Trail. Stated across the street (Ann Arbor Trail) the houses are fronting on Ann Arbor Trail. Mr. Munson stated that houses could be set on these lots for the most part on an angle. Mr. Breidenbach stated they could design house so that it faces on Ann Arbor Trail and enter on the other street. Mr. Munson stated there would be a traffic hazard with so many streets coming into Ann Arbor Trail. Mr, Breidenbach stated the Federal Housing Authorities and V.A. are inclined not to face houses on Ann Arbor Trail and Ann Arbor Road. Mr. Menzel stated they could submit a letter stating there will be a fence along Ann Arbor Road. Mr. Harsha stated if the lots along Ann Arbor Road were deeper the fence and greenbelt would be fine. Otherwise 10' is being taken from each lot. There is the possibility the future home owner might have different landscaping ideas. Mr. Munson stated that sometimes this inclines to devaluate existing property by having houses back up to road. There should be some compensation to future property owner for loss due to greenbelt. Asked Mr. Perry, Fire Department the minimum turn around required in a bul—de—sac. C*111)11( Mr. Breidenbach stated that if he is forced to face houses on Ann Arbor Road the F.H.A. and V.A. will not finance homes. Mr. Munson asked when he was E told that. Mr. Perry stated at present time the Fire Department could not specify radius because of plans for future. Mentioned that they experimented with their largest truck on an existing cul—de—sac (50' radius) on a dry day and they were just able to turn around. Mr. Breidenbach submitted another subdivision plat for consideration of commission. Stated there were 230 building lots whereas on the original plat submitted at this meeting there are 234 building lots. ***Mr. W. K. McCary left meeting at approximately 11:30 p.m. Mr. Menzel stated that on the preliminary plat the commission requires the showing of sewers, water mains, etc. which is a strict requirement for a preliminary plat. Mr. Norman Berry, 28660 Ann Arbor Trail stated that a subdivision with approximately 240 houses has many children. Stated there wasn't an access to the park along Ann Arbor Trail and that the children will be crossing into park through someone's yard. Stated with seven streets cutting into Ann Arbor Trail will create traffic hazard. Suggested having traffic divided between Ann Arbor Road and Ann Arbor Trail. Mr. Ventura asked about the school situation. Mr. Breidenbach stated that the preliminary plat has to be approved before they can come to an agreement with the School District. Stated he was out of town at the time the article was printed by an overly zealous publicity man. Mr. Ventura suggested a letter from School District stating that you have reached some sort of an agreement. Mr. Breidenbach stated they have received letters from residents of Livonia complimenting his concern on their plans. Mr. Steinhoff asked the type of home to be built. Mr. Breidenbach stated three bedroom, attached garage and frame prefabricated. Stated panels were built on Greenfield Road instead of at site. Mr. Ventura stated he would like to see the plat reworked. Mr. Breidenbach asked whether their engineer could sit down with Mr. Munson and come up with something within reason. Mr. Ventura stated the commission pays Mr. Munson to act as Commission's PJ.anning Consultant. Mr. Conway asked why not take Mr. Breidenbach's suggestion and work something out with Mr. Munson. IL Mr. Breidenbach stated that they will pay Mr. Munson. Asked why he couldn't make recommendation to their engineer. At approximately 11:45 p.m. Chairman Peter A. Ventura relinquished Chair to Vice-Chairman H. Paul Harsha. Mr. Ventura stated the reasons he is making the following resolution were (1) there are seven streets opening into Ann Arbor Trail; (2) length of block backing up to Ann Arbor Road between Richland Avenue and Ann Arbor Road and (3) some lots are fronting on Ann Arbor Trail and some lots are siding on Ann Arbor Trail. Upon a motion duly made by Mr. Ventura, seconded by Mr. Steinhoff and unanimously carried, it was #2-57-55 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does not approve preliminary plat of Ann Arbor Trail Subdivision located in the Northwest 1/4 of Section 31, 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 of Schools, School Board President, Fire Department and Members of the Plat Committee. The Vice-Chairman declared the foregoing resolution adopted. Vice-Chairman H. Paul Harsha relinquished Chair back to Chairman Peter a Ventura at approximately 11:50 p.m. Mr. Menzel stated that he would like to avoid drawing more plans that would not be accepted by commission. Would like to get together with Mr. Munson. Mr. Ventura stated it was up to the petitioner to present plat for commission's approval which would warrant approval. Mr. Hay stated that Mr. Breidenbach has heard the pros and cons. Mr. Breidenbach stated that at one meeting he was turned down because he did not bring a certain letter. Stated he honored the commission's position but that they should be reasonable insofar as the time element can become expensive. Mr. Menzel stated that with the commission's previous consultant they paid* for his help. Asked whether it would be agreeable with commission to have private agreement with Mr. Munson. Mr. Ventura stated that Mr. Munson has an agreement with this commission not to work with any developers working in Livonia. Mr. Menzel asked whether on the next drawing they could eliminate water mains and sewers. Mr. Ventura stated that plans should show where sewer and water lines will run. Mr. Breidenbach suggested they draw several sketches and show them to Mr. Munson to look over and then they could draw two or three that look most promising. Mr. Conway stated he did not see how they would be out of order to ask for suggestions. Mr. Munson stated he did not think it would be improper if they submit plans to us and we tell them what is wrong with them. Messrs. Menzel and Breidenbach agreed that that was all they wanted. ****Mr. George Vilican, Jr. left meeting at approximately 12:01 a.m. The secretary read letter dated February 14, 1955 from H. A. Hayes, Traffic Commission regarding multiple—dwelling units in Livonia. Mr. Ventura stated that a letter should be written to Mr. Hayes informing him that Zoning Ordinance provides for off—street parking. Mayor Hartom stated Mr. Hayes pointed out to him that apartments on Middlebelt Road near West Chicago Road and the parking as provided in the ordinance is not ample. They have 1-4/10 cars per unit and that the result is a parking problem around that area. The Traffic Commission feels that Planning Commission could make recommendation to change ordinance. Stated Traffic Commission feels there is a higher percent of two car families in apartments. Mr. Ventura suggested a committee be appointed to ascertain what number of families have two cars, etc. Mr. Hay stated that the commission should take survey as taken by Traffic Commission. Mr. Munson stated in most cases they have required 110% to 120%. Stated commission should require at least 100%. Mr. Harsha stated there should be allowance for visitors. Mr. Ventura suggested that City Attorney draw up an amendment to ordinance in R-3 District to require 100%. Mr. Robinson stated that the Traffic Commission report shows 7.40%. The Chairman appointed Messrs. Lepo, Robinson and Hay to serve on committee to contact Traffic Commission to obtain their recommendation. Asked the committee to have their report within two weeks. Mr. Hay asked Mayor Hartom whether this is in the form of emergency. Mayor Hartom stated that there are several petitions requesting change of zoning to R-3 and that if there is more R-3 permitted with present standard there will be more people moving to Livonia with more cars than what ordinance provides for. The secretary read letter dated February 15, 1955 from Albe E. Munson IL: regarding additional plat pages. 4;/'41111() Upon a motion duly made by Mr. Hay, seconded by Mr. Harsha, it was #2-58-55 RESOLVED that, City Planning Commission order plat pages as requested by Mr. Albe Munson in his letter dated February 15, 1955. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Conway, Steinhoff, Lepo, Hay, Harsha, Ventura and Greene NAYS: None The secretary read notice of public hearing from Nankin Township Planning Commission regarding change of zoning to be heard March 16, 1955. Mr. Ventura stated he was aware that this commission has acted upon this matter before but stated he received request that a commission member be present at this hearing. Stated there is a question as to how large the C-2 area should be. Mr. Ventura and Mr. Lepo offered to attend meeting and any other member that could would be there also. The secretary read legal notice of appeal case No. 125 from Robert E. Seelye Secretary, Board of Appeals. It was ascertained that this was the Carey's Garage which has been at this location for 25 to 30 years. Mr. Ventura asked Mr. Ashmore whether they can be a Valid Non-Conforming Use if they have not applied for such a certificate. Mr. Ashmore stated the law of the State of Michigan requires that whenever a city becomes incorporated the City Council or Inspection Department will list all of the non-conforming businesses that exist at that time then if the City does that the city can limit the duration of time for which the non-conforming businesses can apply for certificate and expansion of business. Stated that the Zoning Ordinance can be amended as of February 16, 1955 and that the defect of not listing non-conforming businesses can be corrected. Stated that the ordinance requires that within one year a person must register the non-conforming business or he is out of business. The City cannot take a mans property by such means unless these businesses have been property recorded in ordinance and owner given notice. Publication in newspaper is not sufficient notice. Stated it is up to City Council to determine whether there should be reasonable expansion. The secretary read legal notice of Appeal Case No. 127 from Robert E. Seelye, Secretary, Board of Appeals. The commission ascertained this did not concern this commission. The secretary announced that the next item on the agenda was the minutes of the meeting held January 11, 1955. Mr. Harsha stated that undoubtedly the roll call vote on resolution No. 1-3-55 :31 2i was taken down as shown in the minutes but that he voted "nay" and that there was another member that voted the same way. Mr. Steinhoff stated he voted "nay". Upon a motion duly made by Mr. Robinson and deconded by Mr. Conway, it was #2-59-55 RESOLVED that, minutes of meeting January 11, 1955 be approved with following corrections. (1) Page 761 - "Mr. Ventura stated these uses would have the approval of this commission" - should read "Mr. Ventura stated these uses would have 12 have approval of this commission", and (2) Page 760 - roll call vote on resolution No. 1-3-55 should be corrected both in minutes and stenographer's notes to read AYES: Robinson, Conway, Nielsen and Ventura NAYS: Harsha and Steinhoff NOT VOTING: Greene A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Conway, Steinhoff, Harsha, Ventura and Greene NAYS: None NOT VOTING: Lepo and Hay Mr. Ventura turned over the report compiled by Messrs. Hay, Harsha and Robinson on the tentative map of the City of Livonia prepared by Mr. Munson to Mr. Munson. Stated that some of these corrections were not included in the contract. Mr. Munson stated that what was not included in the contract would be on a time basis. Stated that he would agree to being paid $250 of the original contract. Upon a motion duly made by Mr. Robinson and seconded by Mr. Harsha, it was #2-60-55 RESOLVED that, the City Planning Commission make part payment in the amount of $250 to Mr. :Albe Munson, Planning Consultant for work as contracted for under Purchase Order No. 3084, November 29, 1954. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Conway, Steinhoff, Lepo, Hay, Harsha, Ventura and Greene NAYS: None Mr. Hay asked whether commission can approve part payment if there is not a bill presented to commission. Mr. Ashmore stated the commission can advance on contract. Mr. Ashmore stated that he has never seen contract and that he would appreciate seeing a copy. 262 Mr. Ventura stated that in spite of the fact the commission is holding a public hearing March 8, 1955 there should be another public hearing during this month because of the back log of work. Upon a motion duly made by Mr. Hay, seconded by Mr. Lepo and unanimously carried, it was #2-61-55 RESOLVED that, a date for Public Hearing by the City Planning Commission be set for March 29, 1955. • The Chairman declared the foregoing resolution adopted. Mr. Ventura advised the commission that he had appeared before the City Council regarding reimbursement of the commission members who attend the 5th Annual Planning and Zoning Conference of the Detroit Metropolitan Area Regional Planning Commission to be held February 24 and 25, 1955. Stated that the City Council had agreed to reimburse up to $20 plus expenses for 3 members to attend each day of the conference. The following members offered to attend the conference. Thursday, February 24, 1955 - Daniel Lepo William Robinson Peter A. Ventura Friday, February 25, 1955 - Karle Steinhoff William Robinson Peter A. Ventura On motion duly made, seconded and unanimously adopted, this Public Hearing of the City Planning Commission was duly adjourned at 12:50 a.m., February 22, 1955. C\---661-Artt Robert L. Greene, Acting Secretary ATTESTED: Peter A. Ventura, Chairman H. Paul Hars , Vice-Chairman