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HomeMy WebLinkAboutPLANNING MINUTES 1955-04-19 MINUTES OF A PUBLIC HEARING AND THE 56TH REGULAR MEETING OF THE CITY PLANNING COMMISSION On April 19, 1955 the above meeting was held by the City Planning Commission of the City of Livonia at the City Hall, 33001 Five Mile Road, Livonia, Michigan. Vice-Chairman H. Paul Harsha called the 56th Regular Meeting to order at approximately 8:06 p.m. Members present: William Robinson Daniel Lepo H. Paul Harsha Edwin Conway Karle Steinhoff Dallas F. Hay Robert L. Greene Rufino Salinas Members absent: *Peter A. Ventura The following were present together with approximately 75 people attending the Public Hearing and the Regular Meeting. **Lieutenant Bob Perry - Fire Department ***Hugh Wood, Jr. - Chief Inspector ****Russell Ashmore - City Attorney Upon a motion duly made by Mr. Hay, seconded by Mr. Conway and unanimously carried, it was ##4-129-55 RESOLVED that, the 56th Regular Meeting be temporarily adjourned and FURTHER commission proceed with the Public Hearing. The Vice-Chairman declared the foregoing resolution adopted. The secretary read Petition No. Z-89 dated January 3, 1955 by Dan Holloway, Holloway construction Company, Inc. asking that the zoning classification of Lots 87 through 90 and 94 through 96, Newman Joy Road Subdivision located on the Northeast corner of Joy and Middlebelt Roads in the Southwest 1/4 of Section 36 be changed from RUFB, C-1 and C-2 to M-l. The secretary read letter dated April 14, 1955 from Calvin Roberts, Chief Livonia Fire Department. Messrs. Dan Holloway and Lester Smith, Attorney were present. ***Mr. Hugh Wood, Jr. arrived at approximately 8:07 p.m. Mr. Smith stated that Holloway acquired lots on Joy Road last year and that they have stored machinery on Lots 87 through 90. Stated they have been a Non-Conforming Use since the adoption of the ordinance. Stated that at the time the zoning was changed (Petition No. Z-16) Holloway was told by the Planning Commission that C-2 would cover his needs and that since this time (August 10, 1953) they have been advised that C-2 does not cover their needs. Mr. Harsha stated that they are asking for spot zoning. Mr. Smith stated they are asking for zoning classification that would permit them to carry on their operation. Mr. Hay asked if their operation has been changed since Zoning was changed to C-2. Mr. Smith stated they received notice that Holloway was in violation of Zoning *Page 916 ***Page 917 ****Page 924 **Page 928 344 Ordinance, No. 60 and that C-2 does not permit their earth moving business and repair of such machinery. Mr. Salinas asked whether they always maintained the same type of business. Mr. Holloway stated "yes". Mr. Salinas asked whether they have expanded their operation. Mr. Holloway stated they expanded insofar as acquiring lots on Middlebelt Road. Stated that he has filled lots in, let fence contracts and ready to put in some drainage. Stated since he received violation he has not continued his improvement. Mr. Salinas asked who established the grade. Mr. Holloway stated they have not finished their work. Stated they obtained grade from the center of Middlebelt and Joy Roads. Mr. Harsha asked whether they went to the D.P.W. Mr. Holloway stated he could not answer that. Mr. Conway stated that at the time Petition No. Z-16 was granted he recalled that Mr. Holloway stated he was going to store machinery. Mr. Holloway stated that at this meeting he stated his business. Stated in his petition he asked for M-1 but that at that time the Planning Commission told him that if they rezoned to M-1 and he sold property that there would be the possibility of a factory. Mr. Wood stated they are in violation. Stated the property just acquired is in RUFB District and that they have heavy equipment parked there. Mr. Holloway stated they do not have heavy equipment there but do have heavy crock. Stated when they started to fill in they had to move things back. Stated that that is reason why there are things on corner. Mr. Smith asked whether the violation is limited to lots on Joy Road. Mr. Wood stated heavy equipment should not be in RUFF District. Stated in his opinion Mr. Holloway should be in lower classification than C-2. Mr. Greene asked that the minutes of the Planning Commission pertaining to Petition No. Z-16 be checked. Mr. W. Jackson, 9370 Gillman, Southeast Civic Association submitted for commission's inspection, (did not file petition with commission), petition with 120 signatures of residents within 500' opposed to change in zoning. Also passed for commission's inspection pictures of this area in question. Mr. Jackson read heading on petition and elaborated on each point. Read Sections 14.03 (g); 4.04 ".. .When a new building is being constructed on a vacant lot between two existing buildings or adjacent to an existing building the existing established grade shall have priority over determining the grade around the new building and the yard around the new building shall be graded in such manner as to meet existing grades and not to permit run off of surface water to flow onto the adjacent properties. Grades shall be approved by the D.P.W. . ."; 14.03 (a and b) and 4.45. Stated that because of heavy equipment, junk yards and used auto parts it would not even be allowed in M-1 District. Stated there is no greenbelt there now or signs of one. fay The secretary read original Petition No. Z-16 dated April 1, 1953 and resolution adopted by Commission on June 25, 1953. Mr. Harsha stated that this is considered a Non-Conforming use and that C-2 was best commission could do. Mr. Bufford, Bonaparte Civic Association stated that this association has acted upon this and that they concur 100% with Southeast Civic Association. *Mr. Peter A. Ventura arrived at meeting at approximately 8:29 p.m. Mr. Salinas asked why the greenbelt wasn't installed. Mr. Holloway stated they were improving property when they received ticket. Mr. Salinas stated property was rezoned two years ago. Mr. Holloway stated they bought additional property and that they have improved property from inside of building i.e. wiring, etc. Stated he has invested $50,000. Mrs. Anna Keys, 29230 Joy Road stated that because of heavy equipment she had to obtain new water heater and that her property is under water. Mr. Ventura asked when business was established. Mr. Holloway stated 1947. Mr. Ventura asked whether they had heavy equipment at the time of rezoning to C-2. Mr. Holloway stated they had 27 dump trucks. Mr. Holloway stated they would withdraw lots fronting on Joy Road (Lots 94 through 96) . Mr. Ventura read Section 4.17, Zoning Ordinance, No. 60. Stated this is a Valid Non-Conforming Use even though he does not have a certificate. Stated Mr. Berkey, City Attorney, City of Detroit stated to him that burden rests upon the City and not on the individual. Stated he was advised by Mr. Berkey that City would no doubt lose if they went to Court. Mr. Greene stated that if Mr. Holloway is willing to withdraw Lots 94 through 96 that in effect he is not asking for anything. Mr. Smith stated the Non-Conforming would protect Holloway on the other lots. Upon a motion duly made by Mr. Salinas, seconded by Mr. Conway and unanimously carried, it was #4-130-55 RESOLVED that, Dan Holloway, Holloway Construction Company, Inc. be allowed to withdraw without prejudice Petition No. Z-89 asking that the zoning classification of Lots 87 through 90 and 94 through 96, Newman Joy Road Subdivision located on the Northeast corner of Joy and Middlebelt Roads in the Southwest 1/4 of Section 36 be changed from RUFH, C-1 and C-2 to M-1. The Vice-Chairman declared the foregoing resolution adopted. Vice-Chairman H. Paul Harsha relinquished the Chair to Chairman Peter A. Ventura at approximately 8:36 p.m. Mr. Sheffield requested that it be made a part of the record just exactly what 346 X k.rc tsYrd if Mr. Holloway had at the time Petition No. Z-16 was granted. Mr. Salinas stated petition has been heard and that in his opinion it is not necessary to go into it further. Mr. Ventura stated that the people should be heard. Mr. Ventura stated that the people have no recourse but civil action. Mr. Verl Lahs, 9195 Deering stated Mr. Holloway should be made to live up to his Non-Conforming Use. Mr. Ventura read Section 18.01, Zoning Ordinance, No, 60. - ***Mr. Wood left meeting at approximately 8:50 p.m. The secretary read Petition No. Z-98 by Morris Pollack asking that zoning classification of a portion of Parcel AA located on the North side of School- craft Road approximately 2,000 feet West of Merriman Road in the Southeast 1/4 of Section 22 be changed from RUFB to R-1-B. The secretary read letter dated February 15, 1955 from Gladys M. and Clyde A. Bentley. Messrs. Arthur and Leo Pollack were present. Mr. Arthur Pollack stated the sewer is not in but that approval of the rezon- ing would give them opportunity to go ahead with preliminary plat. Stated that they did not have proposed plat for commission's inspection. Stated this subdivision would open up Hubbard Road. Mr. Ventura asked if there were any open drain ditches. Mr. Arthur Pollack stated not that he knew of. Mr. Ventura asked the number of homes. Mr,Pol].ack_stated they would get approximately four lots to an acre - 150 homes. No one was present opposed to the rezoning of parcel as stated in petition. Mr. Salinas stated commission has been opposed to rezoning property when there are not sewers available. Mr. Ventura stated he could not see much use in rezoning property where there are no sewers available. Mr. Ventura asked about the storm sewer. Mr. Arthur Pollack stated they would drain in the Blue Drain on Schoolcraft Road. Approval of the rezoning would give them a chance to go ahead and do preliminary work. Mr. Ventura stated commission has to have information before land can be rezoned. Mr. Robinson brought to the commission's attention that the City Council did rezone parcel directly West of this land after this commission recommended that it not be rezoned. Mr. Ventura stated this Body has a mind of its own. Mr. Lepo asked what difficulty is presented by not having this rezoned. 3l Mr. Leo Pollack stated that to go to the expense of making plats, etc. Mr. Ventura stated he did not believe engineering work had to be done for preliminary plat. Mr. Hay suggested that commission insert in motion that it be denied without prejudice as the only reason commission is denying petition is that there are no sewers. Upon a motion duly made by Mr. Steinhoff, seconded by Mr. Lepo and unanimously carried, it was #4-131-55 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-98 as submitted by Morris Pollack for a change of zoning in the Southeast 1/4 of Section 22 from RUFB to R-1-13 the City Planning Commission does hereby recommend to the City Council that Petition Mo. Z-98 be denied without prejudice, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of March 21, 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 read Petition No. Z-99 by Harold C. and Pearl M. Mueller asking that the zoning classification of portion of Parcels M1 and M2 located on the Northeast corner of Joy Road and Cardwell Avenue in the Southeast 1/4 of Section 36 be changed from C-2 to R-1. Mr. Harold Mueller was present. Mr. Mueller presented for commission's inspection survey of existing property showing how it would be divided. Stated the property owner across the street has the same plan and that he would be conforming. Stated parcels would be 60 x 116. Mr. Ventura asked the size of home Mr. Mueller would build. Mr. Mueller stated he would like to amend his petition to read R-1-B as he would be building that size or larger home. Mr. Greene stated this is going to affect the study Mr. Munson is making on general patterns and that he wondered whether commission should give some thought to that before making motion. Mr. Mueller stated pattern is established by "B" size homes that are fronting on Cardwell. Mr. Greene stated that once this commission starts precedent there is nothing stopping other people from doing the same. Mr. Salinas asked whether it is not permissible to build homes in C-2. Mr. Ventura stated homes can be built in C-2 but would have to replet land if it is cut into three parts. No one was present opposed to this petition. 348 .661110 Upon a motion duly made by Mr. Greene, seconded by Mr. Steinhoff and unanimously carried, it was #4-132-55 RESOLVED that, Mr. Harold C. Mueller be given opportunity to amend Petition No. Z-99 to read R-1-B instead of R-l. The Chairman declared the foregoing resolution adopted. Mr. Lepo made the following motion which died for lack of support: RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-99 as submitted by Harold C. and Pearl M. Mueller for a change of zoning in the Southeast 1/4 of Section 36 from C-2 to R-1-B the City Planning Commission does hereby recommend to the City Council that Petition No. Z-99 be granted. Upon a motion duly made by Mr. Harsha and seconded by Mr. Greene, it was #4-133-55 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-99 as submitted by Harold C. and Pearl M. Mueller for a change of zoning in the Southeast 1/4 of Section 36 from C-2 to R-1-B the City Planning Commission does hereby recommend to the City Council that Petition No. Z-99 be denied without prejudice until such time as this commission receives further information from Mr. Albe Munson, Planning Consultant as to the desirable zoning of property in this area, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of March 31, 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 De- partments and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Conway, Greene, Steinhoff, Hay, Harsha Ventura and Salinas NAYS: Lepo Mr. Ventura stated that the commission would contact Mr. Mueller after commission has consulted with Mr. Munson. The secretary read letter dated April 19, 1955 from D. M. Silkworth, Silkworth Oil Company, Inc. requesting that hearing on his petition requesting permission to build a gasoline service station on a portion of Outlot B1, Greenette Sub- division located on the Southwest corner of Plymouth Road and Garden Avenue in the Northwest 1/4 of Section 36 be tabled until May 10, 1955. Upon a motion duly made by Mr. Conway, seconded by Mr. Hay and unanimously carried, it was #4-134-55 RESOLVED that, City Planning Commission grant request of D. M. Silkworth, Silkworth Oil Company, Inc. to table hearing on Mg) petition requesting permission to build a gasoline service station on a portion of Outlot Bl, Greenette Subdivision located on the Southwest corner of Plymouth Road and Garden LAvenue in the Northwest 1/4 of Section 36 until May 10, 1955. The Chairman declared the foregoing resolution adopted. The secretary read Petition No. V-9 by Glen and Anita Silvernail, et al asking that the 20 foot alley located South of Lots 159 and 264 and in the rear of Lots 27 through 39, inclusive, Sunningdale Park Subdivision in the Northeast 1/4 of Section 12 be vacated. The secretary also read letters dated April 11, 1955 from Herald Hamill, Engineer; dated April 5, 1955 from W. R. McCary, Supt. of Public Works and dated April 8, 1955 from Jack E. Menig, Special Agent, Real Estate & Rights-of-way Department, The Detroit Edison Company. Mr. Glen Silvernail was present. Mr. Silvernail stated that he submitted petition in order to obtain more side yard so that he could build a garage. Stated he did not intend to build over easement. Mr. Harsha asked whether petition is signed by all property owners served by alley. Mr. Silvernail stated "yes". No one was present opposed to this petition. Upon a motion duly made by Mr. Hay, seconded by Mr. Greene and unanimously carried, it was E #4-135-55 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. V-9 as submitted by Glen and Anita Silvernail the City Planning Commission does hereby recommend to the City Council that Petition No. V-9 be granted subject to recommendation of the Department of Public Works dated April 5, 1955 and Herald Hamill dated April 11, 1955 that 20' easement be retained for public utilities, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of March 31, 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 petitioner and abutting property owners as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary read petition dated March 10, 1955 from George E. Miller, G. E. Miller Sales & Service requesting permission to establish a used car lot located on a portion of Parcel CC situated on the Southeast corner of Seven Mile Road and Farmington Road in the Northwest 1/4 of Section 10. The secretary read letters dated April 19, 1955 from Sergt. Robert Baumgartner, Traffic Bureau, Livonia Police Department and dated April 19, 1955 from Mr. George E. Miller. A representative of the petitioner was not present. Mr. William Liebig, 19012 Westmore stated that he would be opposed to this 350 petition from the standpoint of added traffic, nuisance from existing business, lights being on at all hours, corner is not too nice and do not want it to become worse and there is not enough parking there now. Mr. Wayne McBride, 19007 Westmore agreed with Mr. Liebig particularly regard- ing the parking situation. Mrs. Robert Robinson, 19006 Farmington stated she did not want a used car lot next to her home. Mr. Liebig asked whether they would be required to establish a greenbelt. Mr. Ventura read portion of Section 11.04, Zoning Ordinance, No. 60. Upon a motion duly made by Mr. Hay, seconded by Mr. Salinas and unanimously carried, it was #4-136-55 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby deny the petition of George E. Miller, G. E. Miller Sales & Service requesting permission to establish a used car lot located on a portion of Parcel CC situated on the Southeast corner of Seven Mile Road and Farmington Road in the Northwest 1/4 of Section 10 for the following reasons: (1) Not desirable location for used car lot and (2) Committee that investigated off street parking marked this site for municipal parking area, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Depart- ments as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary read petition dated March 15, 1955 from S. Gurstell, Mohawk Lumber & Supply Company requesting permission to erect a 15' x 5' B. F. Goodrich sign approximately 60 feet from the center of Plymouth Road on Item EE2a located on the North side of Plymouth Road approximately 425 feet West of Farmington Road at 33600 Plymouth Road in the Southeast 1/4 of Section 28. The secretary read letters dated March 15, 1955 from L. W. Cutler, Wholesale Supervisor, B. F. Goodrich Company and dated April 19, 1955 from Sergt. Robert Baumgartner, Traffic Bureau, Livonia Police Department. Mr. Harry Jaffa was present. Mr. Jaffa stated commission has on file original sketch showing plans for signs. Stated property is 400' deep along Farmington Road. Stated they have large business and that unless they let people know what they are selling they will not do any business. Stated Plymouth is traffic hazard from any point. Mr. Ventura stated commission requested plot plan. Stated commission has procedure and that commission should be fair. Mr. Jaffa presented rough sketch showing building, Plymouth Road, etc. Mr. Salinas stated Mohawk Lumber & Supply Company has been before commission3 several times. Stated the purpose of the sigh ordinance was to prevent foci 1 "jungle" of signs. Stated he was opposed to petition for this reason. Mr. Greene asked the color of the sign. Mr. Jaffa stated sign would be blue with white neon. Mr. Ventura stated this commission cannot act intelligently without plot plan. Mr. Jaffa stated sign will be 425 feet West of Farmington Road which is little past center of property. Stated sign is up at their other stores. Stated according to the ordinance they have not come anywhere near the square footage allowed for the size of parcel they own. Stated sign is going to be 5' high and 151 wide and that it will be 12' above ground. Mr. Ventura stated any sign over 35 square feet has to have approval of this commission. Stated Mr. Jaffa has been before commission and should know a plot plan is required. Stated original plot plan does not show location of this sign. At approximately 9:55 p.m. Chairman Peter A. Ventura relinquished Chair to Vice-Chairman H. Paul Harsha. Mr. Ventura stated he would like to see plot plan showing sign location. Mr. Greene stated he would like to include the color of sign on this plot plan. Mr. Hay stated recommendation of Police Department is clear. Upon a motion duly made by Mr. Greene and seconded by Mr. Conway, it was #4-137-55 RESOLVED that, petition by S. Gurstell, Mohawk Lumber & Supply Company requesting permission to erect a 15' x 5' B. F. Goodrich sign approximately 60 feet from the center of Plymouth Road on Item EE2a located on the North side of Plymouth Road approximately 425 feet West of Farmington Road at 33600 Plymouth Road in the Southeast 1/4 of Section 28 be tabled until petitioner presents plot plan and information as requested at this hearing. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Conway, Greene, Lepo, Steinhoff, Hay, Harsha and Ventura NAYS: Salinas Vice-Chairman H. Paul Harsha relinquished the Chair back to Chairman Peter A. Ventura at 10:00 p.m. tit .Which time he called a recess. The Chairman called the meeting to order at approximately 10:17 p.m. at which time all were present as named at beginning and course of meeting. Upon a motion duly made by Mr. Hay, seconded by Mr. Greene and unanimously 1[4s carried, it was #4-138-55 RESOLVED that, the Public Hearing be adjourned until May 10, 1955. yy �• 91aIII The Chairman declared the foregoing resolution adopted and called the 56th Regular Meeting to order. The secretary read letter dated April g, 1955 from S. J. Mancuso, Westfield Topsoil & Sand Company requesting renewal of permit No. 22. The secretary also read letter dated April 19, 1955 from Sgt. R. Baumgartner, Livonia Police Department. No one was present representing the petitioner. Mr. Ventura stated housing project in this area is about 90% completed. Upon a motion duly made by Mr. Salinas, seconded by Mr. Conway and unanimously carried, it was #4-139-55 RESOLVED that, renewal of Permit No. 22 by Sebastion J. Mancuso Westfield Topsoil & Sand Company for removal of topsoil in the Southwest 1/4 of Section 36 be approved subject to the present bond being continued. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the Schulgren Subdivision located 1,000 feet East of Newburg Road between Ann Arbor Trail and Joy Road in the South 1/2 of Section 32. The secretary read letters dated April 7, 1955 from Burton Warner, Warner & Warner and dated April 19, 1955 from Hugh Wood, Jr., Chief Inspector. Messrs. Burton Warner and Jesse M. Cook were present. Mr. Cook stated he was assured that there would be a letter from Park and Recreation Department and School District or that Mr. Michelson would be present tonight. Stated he realizes that neither has been done. Stated he endeavored in every way to get expression from School Board and what their requirements would be. Stated school Board met with the City Council to discuss this matter and that he has not been able to get any definite information. Mr. Salinas stated he attended this meeting of the City Countil regarding school problem and that they did not get into this item on the agenda. Stated to City Council that this Commission would like to do something about this problem. Mr. Greene asked if this particular plat was discussed at this hearing. Mr. Salinas stated it was not but would be taken up at a later date. Mr. Ventura stated this commission has not been getting too much cooperation from School District. Stated Commission has asked for recommendations in letter form as to what their stand is. Mr. Harsha, Chairman Plat Committee stated he could not find any lots under— sized. Mr. Steinhoff, Member of Plat Committee stated he wondered what the width was of easement on lots adjoining parcels on Newburg. Mr. Warner stated The Detroit Edison Company requirement is 6' however, if in this case it is necessary to require 12' there is no reason why client will not do it. :]I Mr. Conway asked whether Mr. Cook suggested cottage type schools to the School 39 District. Mr. Cook stated he had not as he was told that they had ear—marked 20 acres in the proximity of Ann Arbor Trail and Newburg Road and that the school in the Country Homes Subdivision and the Stark School should take care of it. Since we were told that and, bought land we have made survey of need. Talked to Mr. Michelson today and he stated they did not decide what they were going to do and stated that he would attend meeting tonight. Mr. Conway stated the School District is holding this subdivision up. Mr. Cook stated they would be glad to put up cottage type schools. Stated he has asked to be invited to School Board meeting but has not been as yet. Mr. Ventura stated that the School District have had ample opportunity to comply with this commission's request. Stated "silence gives consent". Mr. Greene stated commission should put in record that this commission has asked School Board for expression and has not received answer. Mr. Robinson stated this should be in the form of resolution. Mr. Greene stated this has been done before. Mr. Cook stated School Board informed him that they were not going to protest this subdivision and that the only time they send recommendation is when they object. Stated there was a resolution passed by a department requesting their opinion be in writing on each new subdivision. Stated he has worked on this for one month to get an expression from School Board. Stated they have to work out some solution if they are to sell homes. Mr. Ventura asked whether Mr. Cook would be willing to make a statement that he would be willing to cooperate with School District in the construction of cottage type schools if they so desire. Mr. Cook stated he would cooperate with School Board in providing cottage type schools to tentatively serve this development until permanent buildings can be erected. Mr. Hay stated this commission has only one side of the story. Mr. Greene stated School Board should be here to defend themselves. Mr. Harsha asked if they were notified. Mr. Salinas stated they were. ****Mr. Russell Ashmore arrived at the meeting at approximately 10:45 p.m. Mr. Arthur Gennis, 36165 Joy Road objected to the way houses would face on Lots 331,332 and 364 as the homes on the other side of Joy Road face Joy Road. Mr. Alexander Cekel, 36650 Joy Road stated plat presented does not show where cottage type schools will be located. Mr. Venturs stated commission does not know where School District wants them. Mr. Steinhoff stated Mrs. Ciro Grana, 35800 Joy Road called him in regard to this plat and objected to houses siding Joy Road and facing Linville Avenue. 3154 .."'q M0611.g s !� Mr. Greene stated he did not see how commission can continue to hold up sub- division because of schools and that commission has done everything it can. Stated the School Advisory Committee has recommended for the past two years that they adopt cottage type schools as a temporary measure and they have never gone on record for or against them. Mr. Warner stated a special design could be worked out for the homes on Lots 331, 332 and 364 and that to turn lots around and front houses on Joy Road would upset entire plat. Mr. Ventura stated houses have to front and side somewhere. Stated consultant suggests that house should side on main street. Mr. Warner stated the F.H.A. would insist that they be sided toward main street. Mr. Greene asked those present and opposed to houses siding on Joy Road whether they would compromise to angle house. Mr. Gennis stated that the lots could be combined into one large lot. Mr. Warner stated that it would represent quite a sacrifice as it would be difficult to get price out of them. Suggested a green planting. Upon a motion duly made by Mr. Greene and seconded by Mr. Conway, it was #4-140-55 RESOLVED that, pursuant to a Public Hearing having been held on March 8, 1955 the City Planning Commission does hereby give tentative approval to the preliminary plat of Schulgren Subdivision located 1,000 feet East of Newburg Road between Ann Arbor Trail and Joy Road in the South 1/2 of Section 32, 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, Parks and Recreation Department, Fire Department and Plat Committee. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Conway, Greene, Lepo, Harsha, Ventura and Salinas NAYS: Steinhoff and Hay The secretary read letter dated March 4, 1955 from Mrs. Marie W. Clark, City Clerk regarding Petition No. Z-81 by Alex Gordon, Gordon & Scheurman asking that the zoning classification of Parcel B2aB2bI located on the Southeast corner of Gill Road and Seven Mile Road in the Northeast 1/4 of Section 9 be changed from AG-B to R-1-B. The secretary also read letter dated February 23, 1955 from Harold M. Silverston, Silverston & Kabatsky. Messrs. Burton Warner and Harold M. Silverston were present. Mr. Ventura stated he did not believe there are any plans for sewers in that area. Stated Mr. Hilbert, Wayne County Board of Health, recommendation was that septic tanks not be allowed no matter what the size of lots. 000 Mr. Warner stated the test was made and soil was okay except for six lots. Mr. Ventura stated the City Council is not approving any subdivision plats with septic tanks. Stated he is opposed to subdivision with septic tanks. Mr. Conway asked if much work has been done on subdivision. Mr. Warner stated he has received $2,100 from Mr. Gordon. Mr. Robinson asked what guarantee commission has that they will build only on every other lot. Mr. Silverston suggested that be placed on the plat restrictions running with the land. Mr. Ashmore drew to commission's attention that a subdivision on Eight Mile Road was approved under these same conditions and that they had to stop subdividor from building on every lot. Suggested lot be made twice as large as platted. Mr. Ventura stated land is very low in some places. Upon a motion duly made by Mr. Conway and seconded by Mr. Harsha, it was RESOLVED that, pursuant to a Public Hearing having been held on December 4, 1954 on Petition No. Z-81 as submitted by Alex Gordon, Gordon & Scheurman for a change of zoning in the North- east 1/4 of Section 9 from AG-B to R-1-B the City Planning Commission does hereby recommend to the City Council that Petition No. Z-81 be granted. A roll call vote on the foregoing resolution resulted in the following: AYES: Conway and Harsha NAYS: Robinson, Greene, Lepo, Steinhoff, Hay, Ventura and Salinas Upon a motion duly made by Mr. Robinson and seconded by Mr. Lepo, it was #4-141-55 RESOLVED that, pursuant to a Public Hearing having been held on December 4, 1954 on Petition No. Z-81 as submitted by Alex Gordon, Gordon & Scheurman for a change of zoning in the Northeast 1/4 of Section 9 from AG-B to R-1-B the City Plann- ing Commission does hereby recommend to the City Council that Petition No. Z-81 be denied, and FURTHER RESOLVED, notice of the above hearing was published 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 Telephone 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, Greene, Lepo, Steinhoff, Hay, Ventura and Salinas NAYS: Conway and Harsha 366 `' The secretary announced that the next item on the agenda was the petition by Robert Herndon requesting permission to establish a gasoline service station on Lots 48 through 53, inclusive, Schanhite's Marquette Manor Subdivision 34 located on the Northwest corner of Inkster and Plymouth Roads in the Southeast { 1/4 of Section 25. Messrs. Herndon and T. L. Dunston were present. Mr. Ventura stated they had letter from the Wayne County Road Commission but that they did not have letter from State Highway Commission as requested by commission March 15, 1955. Stated he contacted Mr. Hugh Wood and he (Mr. Wood) stated Mr. William L. Marvin, Traffic Engineer, State Highway Commission called him and stated ingress and egress was okayed by his commission and that letter was in the mail. Mr. Dunston stated he contacted Mr. Marvin and that he (Mr. Marvin) would be up and that commission could call him if it desired. Mr. Herndon stated applications were sent into department two weeks ago and Mr. Marvin assured him that they would be okayed. Mr. Ventura asked why Mr. Marvin contacted the Building Department when it was the Planning Commission that requested information. Mr. Dunston stated 'S. Mr. Marvin knew Mr. Wood and Sgt. Robert Baumkartner. 1 Mr. Ventura stated it should be in writing. Mr. Dunston stated that from the information they have been able to obtain there will not be a future over-pass or under-pass at this location. Suggested that commission could authorize letter be written to Mr. Wood that when they receive letter from Mr. Marvin that building permits could be3 issued. 3 1 Mr. Harsha stated he still felt as though there would be grade separation on that corner. Upon a motion duly made by Mr. Conway and seconded by Mr. Salinas, it was 1 RESOLVED that, petition by Robert Herndon requesting permission to establish a gasoline service station on Lots 48 through 53, inclusive, Schanhite's Marquette Manor Subdivision located on the Northwest corner of Inkster and Plymouth Roads in the South- F east 1/4 of Section 25 be granted. A roll call vote on the foregoing resolution resulted in the following: AYES: Conway and Salinas NAYS: Robinson, Greene, Lepo, Steinhoff, Hay, Harsha and Ventura Upon a motion duly made by Mr. Robinson and seconded by Mr. Hay, it was #4-142-55 RESOLVED that, pursuant to a Public Hearing having been held on March 15, 1955 the City Planning Commission does hereby deny the petition of Robert Herndon requesting permission to establish a gasoline service station of Lots 48 through 53, inclusive, Schanhite's Marquette Manor Subdivision located on3 the Northwest corner of Inkster and Plymouth Roads in the 343 Southeast 1/4 of Section 25, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City De- partments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Greene, Lepo, Steinhoff, Hay, Harsha and Ventura NAYS: Conway and Salinas The secretary announced that the next item on the agenda was Petition No. Z-93 by Virgle and Zora Whitteaker asking that the zoning classification of the East 330' of Lot 35, Supervisor's Livonia Plat, No. 1 located on the Southwest corner of Pinetree Road and Laurel Avenue in the Northwest 1/4 of Section 33 be changed from RUFB to R-1-A. Mr. Whitteaker was present. Mr. Whitteaker stated parcel is to be divided into three parcels - 90 and 85 feet wide and 170 feet deep. Mr. Robinson asked whether the other homes in area are built on 1/2 acres. Mr. Whitteaker stated across the street there are two 60' lots. Mr. Ventura stated this would be spot zoning as adjoining property is zoned RUFB. Mr. Hay asked what homes would use for sewer. Mr. Whitteaker stated that he would like to tap into sewer. No one was present opposed to this petition. 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-93 as submitted by Virgle and Zora Whitteaker for a change of zoning in the Northwest 1/4 of Section 33 from RUFB to R-1-A, the City Planning Commission does hereby recommend to the City Council that Petition No. Z-93 be granted. **Lieutenant Bob Perry left the meeting at approximately 11:45 p.m. Upon a motion duly made by Mr. Lepo and seconded by Mr. Steinhoff, it was #4-143-55 RESOLVED that, pursuant to a Public Hearing having been held on March 29, 1955 on Petition No. Z-93 as submitted by Virgle and Zora Whitteaker for a change of zoning in the Northwest 1/4 of Section 33 from RUFB to R-1-A the City Planning Commission does hereby recommend to the City Council that Petition No. Z-93 be denied, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of March 10, 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 J358 and Petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Greene, Lepo, Steinhoff, Hay, Harsha, Ventura and Salinas NAYS: Conway The secretary read letter from Clifford A. Green, Livonia Lawn and Garden Supply requesting re-opening of hearing on petition to conduct an open-air sales to be known as "Livonia Lawn and Garden Supply" on Lots T)4 through 149, Schanhite's Marquette Manor Subdivision located at 12275 Inkster Road and situated on the Southwest corner of Inkster and Grantland Avenues in,the Southeast 1/4 of Section 25. Mr. Green was present. Mr. Ventura asked the type of merchandise. Mr. Green stated bird baths, garden ornaments, etc. Mr. Robinson stated there are existing residence on each side. Mr. Green stated only on one side and that behind is a union hall. No one was present opposed to this petition. Upon a motion duly made by Mr. Hay and seconded by Mr. Steinhoff, it was #4-144-55 RESOLVED that, pursuant to a Public Hearing having been held July 13, 1954 the City Planning Commission does hereby grant the petition of Clifford A. Green requesting permission to conduct an open-air sales to be known as "Livonia Lawn and Garden Supply" on Lots 144 through 149, Schanhite's Marquette Manor Subdivision located at 12275 Inkster Road and situated. on the Southwest corner of Inkster and Grantland Avenues in the Southeast 1/4 of Section 25, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Depart- ments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Conway, Greene, Lepo, Steinhoff, Hay, Harsha, Ventura and Salinas NAYS: Robinson The secretary announced that the next item on the agenda was the renewal of Permits No. 10 and 20 for removal of topsoil in the rear of 13250 Merriman, 13160 Merriman and 13100 Merriman in the Northwest 1/4 of Section 26. Messrs. Charles Swartz and John Spence were present. The secretary announced that the application had been approved by the Police Department subject to the approval of the D.P.W. Mr. Robinson stated that this matter should have been brought to the attention of the Topsoil Committee. al) 1 Mr. Ashmore stated that he was to have notified Messrs. Robinson and Conway and that he neglected to do so. Mr. Swartz stated the parcel at 13100 Merriman has been sold. The secretary gave the names as listed on the permits and date of issuance. Mr. Swartz stated the contract on the topsoil has changed hands and that Mr. Gabriel Renaudin is no longer his partner. Stated Mr. Spence is his partner now. Mr. Ventura asked if he handled operation at Six Mile Road and Inkster Road. Mr. Swartz stated he and Mr. Spence handled this item. Mr. Ventura submitted for commission's inspection pictures taken today showing the condition operation was left in. Stated there have been a number of complaints regarding condition of this piece of land. Mr. Spence stated culvert across road is not clean and that they cannot drain water. Mr. Swartz stated they went in there three years ago. It was established that they started this operation three years ago and finished removing topsoil last summer. Mr. Ashmore asked what authority they had to remove topsoil. Mr. Swartz stated it was before Zoning Ordinance. Mr. Ventura stated they have been very neglectful in their operation. Stated topsoil survey submitted shows property is lower than road except for one spot. Stated he did not think commission could grant permit inasmuch as Zoning Ordinance stated ".. .no soil, sand, clay, gravel or similar material shall be removed below the normal building grade as established from the nearest existing or proposed street...." Upon a motion duly made by Mr. Harsha, seconded by Mr. Greene and unanimously carried, it was #4-145-55 RESOLVED that, Renewal of Permits No. 10 and No. 20 for removal of topsoil in the rear of 13240 Merriman, 13150 Merriman and 13100 Merriman in the Northwest 1/4 of Section 26 be denied. The Chairman declared the foregoing resolution adopted. Mr. Salinas stated that he talked to David Jones regarding reimbursement of commission members that attend Michigan Society of Planning Officials May 6 and May 7, 1955 at the Durant Hotel, Flint, Michigan and that Mr. Jones stated he thought the City Council would be receptive but that alternate members should attend than those who attended the 5th Annual Meeting in Detroit in February. Upon a motion duly made by Mr. Harsha and seconded by Mr. Lepo, it was #4-146-55 RESOLVED that, the following members of the City Planning Commission attending the Michigan Society of Planning Officials May 6 and May 7, 1955 at the Durant Hotel, Flint 36O Michigan be reimbursed $20 a day plus expenses from the Travel and Expense Allowance Account: Friday, May 6, 1955 - Messrs. Salinas, Ventura and Robinson Saturday, May 7, 1955 - Messrs. Robinson and Hay Mr. Lepo stated he might be able to attend one meeting. A roll call vote on Resolution No. 4-146-55 resulted in the following: AYES: Robinson, Conway, Greene, Lepo, Steinhoff, Hay, Harsha Ventura and Salinas NAYS: None Upon a motion duly made by Mr. Robinson, seconded by Mr. Hay and unanimously carried, it was #4-147-55 RESOLVED that approval of minutes of meetings January 25, February 3, February 15, February 22 and March 8, 1955 be tabled until May 10, 1955. The Chairman declared the foregoing resolution adopted. The secretary read Appeal Case No. 135 by Mr. Charles Siegmund. Mr. Ventura stated that commission should be present at this meeting and that he did not know how they could overlook the recommendation of the Fire Department. Upon a motion duly made by Mr. Hay, seconded by Mr. Conway and unanimously carried, it was #4-1.48-55 RESOLVED that, City Planning Commission records pertaining to petition by Charles Siegmund for bulk oil storage heard and acted upon by this commission July 20, 1954 be forwarded to the Board of Appeals. The Chairman declared the foregoing resolution adopted. The secretary read notice of Public Hearing from Nankin Township regarding change of zoning on the Southwest corner of Joy and Inkster Roads from R-2 to C.M. (Commercial) . On a motion duly made by Mr. Hay, seconded by Mr. Conway and unanimously adopted the 56th Regular Meeting was adjourned at 12:20 a.m., April 20, 1955. A Rufini Salinas, Secretary ATTESTED: '%-;) C7ZZA Peter A. Ventura, Chairman •Paul rsha, Vice-Chairman