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HomeMy WebLinkAboutPLANNING MINUTES 1955-05-17 eitir MINUTES OF A PUBLIC HEARING AND THE 57TH REGULAR MEETING OF THE CITY PLANNING COMMISSION On May 17, 1955 the above meeting was held by the City Planning Commission at the City Hall, 33001 Five Mile Road, Livonia, Michigan. Chairman Peter A. Ventura called the Public Hearing to order at approximately 8:26 p.m. In the absence of Mr. Rufino Salinas, Mr. Dallas F. Hay presided as secretary. Members present: William Robinson Karle Steinhoff Dallas F. Hay Edwin Conway Peter A. Ventura Members absent: *Rufino Salinas **H. Paul Harsha Robert L. Greene The following were present together with approximately 30 people attending the Public Hearing and the Regular Meeting. Lieutenant Bob Perry - Fire Department ***Russell Ashmore - City Attorney Howard Middlewood - Building Inspector The secretary read petition No. Z-101 by Jerome Ziegler, President, Bonaparte Gardens Civic Association, et al asking that the zoning classification of Lots 1 through 5, 11 through 244 31 through 45, 53 through 55, 73, 74, 80 and 81, E. G. Settle Realty Company's Bonaparte Gardens Subdivision located on the West side of Middlebelt Road between Joy Road and the vacated Cathedral Avenue in the Southeast 1/4 of Section 35 be changed from RUFB to C-1. The secretary read letters dated May 10, 1955 from Calvin Roberts, Chief Livonia Fire Department and dated March 4, 1955 from Russell C. Ashmore addressed to Mrs. Marie W. Clark, City Clerk. Mr. Jerome Ziegler was present. Mr. Ziegler stated that originally this property was zoned business and that without notification this was changed to RUFB in 1951 or 1952. Stated it was their intent to have the entire area up to Cathedral Avenue changed back to business. They could not contact owners of lots not included and that is the only reason they are not listed in this petition. Stated the lots are assessed as 20' business lots. Mr. Ventura stated this area was changed back to RUFB at the time the Zoning Ordinance was adopted at which time it was published in the paper and voted upon by the people. Mr. Ziegler stated that there are more business establishments in area than there are homes. Mr. Ventura asked Mr. Ashmore about the petition by Mr. Robert Labadie re- questing zoning be changed to C-2 which petition was denied by this commission and now is in Court. Mr. Ashmore stated the Court has indicated that it will declare section of Zoning Ordinance regarding Non-Conforming unconstitutional. Stated that at present he is trying to find a way by which to change ordinance to corredt this situation whereby non-conforming businesses in operation before zoning ordinance was adopted and that have not to this date applied for certificate may do so. Stated that this is a matter of digging up the evidence to prove that they were in business before adoption of Zoning Ordinance, No. 60. Stated Mr. Labadie's attorney has been *Page 951 ***Page 949 and 950 **Page 950 37E3 puckaat notified that this petition (No. Z-101) has been filed. Stated this petition has no affect on the court case as the test in Court is to establish whether there was a cleaning establishment in operation before Zoning Ordinance, No. 60 was adopted. Mr. Ziegler stated Mr. Labadie is not the owner of the property and that the owner has signed Petition No. Z-101 for a change to C-1. Mr. Ashmore stated that there is diversion as to whether or not the owner of the property knew what he Was signing. Mr. Robinson asked the depth of the lots. Mr. Ziegler stated 120 feet. Mr. Hay asked the length of time it will take Court to decide Mr. Labadie's case. Mr. Ashmore stated it will not come up until City of Livonia has changed Zoning Ordinance, No. 60 regarding Non—Conforming. Stated there are five parts of the ordinance to be changed and that he has three parts ready at this time. Stated he hoped it would be ready the end of June. No one was present opposed to Petition No. Z-101 as submitted. Mr. Ashmore asked whether commission had considered that lots not included in this petition would be spot zoning in reverse. Mr. Hay suggested Petition No. Z-101 be tabled until Labadie's Court Case has been decided and also to afford petitioner, Mr. Ziegler, an opportunity to amend his petition by including missing lots. Mr. Ziegler stated it was their intent that lots up to Cathedral be zoned back to business. Mr. Ziegler stated Mr. Raven was displeased that his lots were not included in this petition. Stated it was not their intent to have spot zoning and are not in favor of it. Upon a motion duly made by Mr. Hay, seconded by Mr. Conway and unanimously carried, it was #5-170-55 RESOLVED that, Petition No. Z-101 as submitted by Jerome Ziegler requesting change of zoning in the Southeast 1/4 of Section 35 from RUFB to C-1 be tabled until June 21, 1955, and FURTHER RESOLVED, the City Planning Commission at this time on its own motion hereby provides for a Public Hearing to be held to rezone Lots 6 through 10 and 25 through 30, E. G. Settle Realty Company's Bonaparte Gardens Subdivision from RUFB to C-1 and that notice of said hearing be mailed to the owners of these lots by registered mail return receipt. The Chairman declared the foregoing resolution adopted. ***Mr. Ashmore left meeting at approximately 8:45 p.m. The secretary read Petition No. Z-103 by Franklin B. and Bonnie L. Hall asking that the zoning classification of Lots 10 and 11, Alden Village Sub— division located on the North side of Plymouth Road approximately 800 feet West of Priscilla Lane in the South 1/2 of Section 28 be changed from Ft-1—B to C-1. The secretary read letters dated May 10, 1955 from Calvin Roberts, 9 Chief Livonia Fire Department and dated May 11, 1955 from Norman Weisman, Newman Farms, Inc. Mr. and Mrs. Hall were present. Mr. Hall stated that inasmuch as the other lots along Plymouth Road had been changed he could not see why his could not also be changed. Mr. Conway asked whether it wasn't true that at the time these other lots were changed, Mr. Hall was one who was opposed to the change. Mr. Hall stated this was true but that since that time the Ford Factory has been located in this area. **Mr. H. Paul Harsha arrived at meeting at approximately 8:50 p.m. Mr. Ventura stated he would like an opinion from City Attorney as to what affect it would have if commission were to rezone these two lots. Mr. Hay asked what Mr. Hall intended to do with lots. Mr. Hall stated they were going to sell lots. ***Mr. Russell Ashmore returned to meeting at approximately 8:57 p.m. Mrs. Hall stated the only reason they fought the previous petition was that they were the only one who had a house on the lots fronting on Plymouth Road. Mr. Hay read again letter dated May 11, 1955 from Norman Weisman, Newman Farms, Inc. for the benefit of Mr. Ashmore. Mr. Ventura stated petitioners have pointed out that other lots have been rezoned to C-2 contrary to subdivision restrictions. Asked the result if this commission rezoned these two lots ignoring letter from Mr. Weisman. Mr. Ashmore stated there should be provided in abstract form that the restrictions are in there. The commission should follow restrictions in abstract when it is made aware of such restrictions. Stated that if commission rezones lots contrary to restrictions Newman Farms would not take commission to court but would take fee owner to court. Mrs. Hall stated deed does have that restriction. Mr. Ashmore stated that there is a way of removing that clause from the restrictions and informed petitioner of this method. No one was present opposed to Petition No. Z-103 as submitted. Upon a motion duly made by Mr. Hay and seconded by Mr. Conway, it was #5-171-55 RESOLVED that, Petition No. Z-103 as submitted by Franklin B. and Bonnie L. Hall requesting change of zoning in the South 1/2 of Section 28 from R-1-B to C-1 be tabled until June 21, 1955 in order to afford petitioner opportunity to obtain waiver on deed restrictions. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Conway, Steinhoff, Ventura and Hay NAYS: None NOT VOTING: Harsha 380 SZ) wrd *Mr. Rufino Salinas arrived at meeting at approximately 9:01 p.m. The secretary read petition No. V-10 by Francis R. Clements and Gordon L. Wabake asking that the 20 foot alley located South of Lots 51 through 56, Beverly Gardens Subdivision located South of Seven Mile Road between Bain- bridge and Sunset in the Northwest 1/4 of Section 11 be vacated. The secretary read letters dated May 10, 1955 from W. R. McCary, Supt. of Public Works; ' dated May 16, 1955 from Jack E. Menig, The Detroit Edison Company; dated May 12, 1955 from Herald F. Hamill, Engineer and dated May 1$, 19555 from G. A. Kennard, Michigan Bell Telephone Company. Mr. Clements was present. Mr. Clements stated he is asking for the vacation of the alley becuase it would give him more yard room for the property. Stated he would respect rights of public utilities on easement. Mr. Ashmore questioned the reason for 20' easement in view of the fact the Telephone Company is using the Detroit Edison Company's poles. Mr. Ventura stated that in the interest of good planning he would recommend that the entire alley be vacated. Mr. Hay stated he owned Lots 1 through 5, Beverly Gardens Subdivision and that he was aware of the people owning both sides of the alley. Stated that they are going to petition that remainder of alley be vacated and that he did not see reason for 20' easement. Mr. Herald Hamill stated the Detroit Edison Company's poles are located on one side of alley and that that is reason they have requested that entire alley be retained thus avoiding the relocation of the poles. Mr. Harsha stated he would recommend that full 20' be changed to easement and not an alley. No one was present opposed to petition in its present form. Upon a motion duly made by Mr. Robinson and seconded by Mr. Harsha the following resolution was made and withdrawn after further consideration. RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby recommend to the City Planning Commission that Petition No. V-10 by Francis R. Clements and Gordon L. Wabake asking that the 20 foot alley located South of Lots 51 through 56 and North of Lot 57, Beverly Gardens Subdivision located South of Seven Mile Road between Bainbridge and Sunset in the Northwest 1/4 of Section 11 be granted and that a 20' easement be retained for public utilities. Mr. Harsha asked whether it would be more expensive for the City to have the alley vacated in two separate operations. Mr. Ashmore assured the commission it would. :]I Mr. Hay stated that some of the property owners would have been present to- night and that he understands they want alley vacated. Upon a motion duly made by Mr. Robinson and seconded by Mr. Harsha, it was #5-172-55 RESOLVED that, Petition No. V-10 as submitted by Francis R. Clements and Gordon L. Wabake requesting a certain 201 alley located in the Northwest 1/4 of Section 11 be vacated be tabled, and FURTHER RESOLVED, the City Planning Commission at this time on its own motion hereby provides for a Public Hearing to be held to vacate the 20 foot alley located South of Seven Mile Road between Bainbridge and Hillcrest situated South of Lots 1 through 50, Beverly Gardens Subdivision in the North— west 1/4 of Section 11 and that a 20' easement be retained for public utilities. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Conway, Salinas, Steinhoff, Harsha and Ventura NAYS: None NOT VOTING: Hay The Chairman declared the foregoing resolution adopted and called a recess at approximately 9:29 p.m. The Chairman called the meeting to order at approximately 9:42 p.m. with all present as named at beginning and course of meeting. Mr. Rufino Salinas presided as secretary at this point. The secretary read Petition No. Z-100 by David Lewis asking that the zoning classification of Outlots A and B, Pearl Wilson Subdivision; Outlot C and D, Pearl Wilson Subdivision, No. 2; Outlot E and F, Pearl Wilson Subdivision, No. 3 and Outlot G and Lots 259 and 260, Pearl Wilson Subdivision, No. 4 located on the Southeast corner of West Chicago and Middlebelt Roads in the Southwest 1/4 of Section 36 be changed from RUFB to R-3. Mr. Lewis was present. Mr. Lewis presented rough preliminary sketch of the proposed apartments if his petition is granted which was prepared by Ray J. Smith, Jr., 16557 James Couzens Highway. Also submitted letter dated May 16, 1955 regarding fence and greenbelt. Stated that this would give commission idea of what they have in mind for area. Mr. Ventura asked the number of parking spaces per unit. Mr. Lewis stated he had not given that much thought. Stated he would follow ordinance regarding this. Mr. Robinson asked whether Mr. Lewis had considered play area. Mr. Lewis stated there would be large front lawn. Stated apartments are designed to appeal to those that are childless, single and those whose children have married and left home. Mr. Salinas asked whether they had taken into consideration future street width. Mr. Lewis stated they had. Mr. Jack Daverkoe, 29185 Hathaway (Lot 53, Pearl Wilson Subdivision, No. 2) stated before he bought he checked into what would be going into outlots and that salesman told him residential buildings, either single or duplex. Stated apartments would be very nice at first, but that over a period of time there 382 is the possibility of devaluation of property. Mr. Lewis stated building would no doubt be two story approximately 201 high. Stated they have not designed building. Stated they would erect cyclone fence with greenbelt on inside but that they were willing to erect whatever type fence the people wanted, within reason. Mr. Daverkoe stated that by having apartments there would be children which would create school problems greater than what exist. Mr. Lewis again stated apartments are built to appeal to families without children. Mr. Ventura asked what the apartments would rent for. Mr. Lewis stated that would depend on the market. Stated that this is his first experience with apartments. Mr. Daverkoe asked whether building would be maintained by Mr. Lewis or would they be sold. Mr. Lewis stated maintenance and up—keep is always responsibility of owner. Mr. Daverkoe asked about refuse. Mr. Lewis stated that as a general rule, apartments provide better facilities than individual homes. Mr. Ventura asked whether kitchen would be equipped with disposal units. Mr. Lewis stated they have not planned that far ahead. Mr. Ledowski, 29173 Hathaway stated that in his opinion homes could be built on these lots the same as on West Chicago. Mr. Lewis stated that in his opinion there is no comparison between West Chicago and Middlebelt. Mr. Ventura stated that there are no plans for widening of West Chicago to four lanes. In the very near future Middlebelt Road will be four lanes. Mr. William Pratt, 29174 Hathaway asked what is to stop Mr. Lewis from facing apartments on side street. Mr. Salinas stated building has to face front of lot (narrow part of the lot) . Mr. Howard Middlewood stated a multiple dwelling must face on public street. Mr. Ledowski asked why they were led to believe these outlots were to be used for residential homes. Mr. Ventura stated commission does not have any control over what they were led to believe. Mr. Lewis stated he has some control over salesmen and that if he did not know what outlots were to be used for how then could the salesmen. Mr. Ledowski stated if this petition is granted he would rather have wall than to have fence. Mr. Lewis stated he would recommend cyclone fence but would go along with what adjacent property owners want, within reason. Mr. Salinas stated Mr. Lewis is offering to establish a greenbelt which is not required under the ordinance. Mr. Pratt stated he did not want greenbelt, fence, wall and that he was opposed to this petition as submitted. :]I Mr. Clements, 28995 Hathaway stated he was opposed to petition. egad` Mr. Verl Lahs stated outlots in a sense is spot zoning which this commission has opposed. Mr. Neil Perry, 29161 Hathaway stated that apartments have transient people which is not a healthy situation. Mr. Halland, 29149 Minton stated he bought him home as a home and not as an investment. Stated he was opposed to petition. Mr. Canava Caruso, 28815 West Chicago asked whether an ordinance could be passed to provide that these apartments be kept up. Mr. Ashmore stated there is Police power to regulate the up—keep of a house. Mr. Lewis stated that it is only good sense that someone who has investment would be interested in maintaining that investment. Mr. James Walsh, 29044 Hathaway stated he lived in apartments all his life and that apartments pass into different hands at least every five years.. Apartments grow from bad to worse. Mr. Lewis stated by building single family residence he would not be able to sell them at a profit. Stated he intended to use face brick. Mr. Walsh stated a more complete plan should be submitted to commission regarding garbage, rubbish. Stated that there is a basic sanitation question involved. Mr. Ventura agreed with Mr. Walsh that the commission might have more infor— mation. There was a lengthy discussion regarding this property being originally zoned business and its effect. Mr. Ralph Grant, 29173 Minton stated people are interested in single residence and not apartments. Asked why apartments have to continue all along Middle— belt Road. Mr. Middlewood pointed out that there are many areas in the City zoned R-3 and that the reason they have not been developed is that the sewer system has not been completed. Mr. Robinson stated he would like more information on rubbish, garbage and building materials. Mr. Lewis stated they would have disposals or incinerators. Mr. Harsha stated his home is located near main highway and that he has never found it too objectionable. Stated main highway, railroad, church, schools, etc. are things people who look for property should be aware of. It was brought out that the people on Westfield are not aware of this and therefore are not able to voice their opinion. Upon a motion duly made by Mr. Hay and seconded by Mr. Steinhoff, it was 384 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-100 as submitted by David Lewis for a change of zoning in the Southwest 1/4 of Section 36 from RUFB to R-3 the City Planning Commission does hereby recommend to the City Council that Petition No. Z-100 be denied. A roll call vote on the foregoing resolution resulted in the following: AYES: Hay and Steinhoff NAYS: Robinson, Conway, Hershel Ventura and Salinas Upon a motion duly made by Mr. Conway and seconded by Mr. Salinas, it was #5-173-55 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-100 as submitted by David Lewis for a change of zoning in the Southwest 1/4 of Section 36 from RUFB to R-3 the City Planning Commission does hereby recommend to the City Council that Petition No. Z-100 be granted subject to letter dated May 16, 1955 from David Lewis, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of April 28, 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Conway, Harsha and Salinas NAYS: Hay and Steinhoff NOT VOTING: Ventura Mr. Ventura stated he did not vote because in his opinion commission should have more information before action is taken. The Chairman called a recess at approximately 10:50 p.m. The Chairman called the meeting to order at approximately 11:13 p.m. with all present as named at beginning and during meeting. The secretary read petition by Richard Reed, Reed Distributing Company re- questing permission to erect Duo-Pole Sign at 28795 Plymouth Road located on the South side of Plymouth Road approximately 325 feet East of Garden Avenue in the Northwest 1/4 of Section 36 and known as portion of Parcel A14. Messrs. Richard Reed and Joe Niestroy were present. Mr. Niestroy stated sign will be located 70 feet from the center of Plymouth Road and 10 feet from the lot line. Stated sign would be neon but not flashing. Mr. Ventura asked the height of the sign. Mr. Niestroy stated 22.8 feet from grade to top of sign. dt; Mr. Niestroy stated sign would be rose and green (pastel colors) . No one was present opposed to this sign. Mr. Harsha stated he thought the sign was high for this location. It was established that the sign is within the maximum height (35' ) as stated in the ordinance. Upon a motion duly made by Mr. Robinson and seconded by Mr. Steinhoff, it was #5-174-55 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby grant the petition by Richard Reed, Reed Distributing Company requesting permission to erect Duo-Pole Sign at 28795 Plymouth Road located on the South side of Plymouth Road approximately 325 feet East of Garden Avenue in the Northwest 1/4 of Section 36 and known as Parcel A14 provided there is no flashing attachment, 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: Robinson, Conway, Hay, Steinhoff, Ventura and Salinas NAYS: Harsha Upon a motion duly made by Mr. Hay, seconded by Mr. Steinhoff and unanimously carried, it was #5-175-55 RESOLVED that, Public Hearing May 17, 1955 be adjourned until June 21, 1955. The Chairman declared the foregoing resolution adopted and called the 57th Regular Meeting to order. The secretary announced that the first item on the agenda was the topsoil application of Melvin Cruzen, Light Weight Aggergate Corporation (u) for a permit to remove sand from Parcels Dlalal and A32C,Dlalb located on the North side of the C & 0 Railway approximately 1/4 mile East of Farmington Road in the Northwest 1/4 of Section 27. Mr. Cruzen nor a representative was present. Mr. Ashmore read portions of Injunction of Circuit Case No. 531484 issued on May 13, 1955 on order of Judge Joseph A. Moynihan. Upon a motion duly made by Mr. Hay, seconded by Mr. Harsha and unanimously carried, it was #5-176-55 RESOLVED that, Topsoil Application by Melvin Cruzen, Light ir Weight Aggergate Corporation (u) for a permit to remove sand from Parcels Dlalal and A32c,Dlalb located on the North side of C & 0 Railway approximately 1/4 mile East of Farmington Road in the Northwest 1/4 of Section 27 be dismissed per advice of Russell Ashmore, City Attorney and Injunction of Circuit Court Case No. 531484 issued May 13, 1955 on order of Judge Joseph A. Moynihan. The Chairman declared the foregoing resolution adopted. Mr. H. J. Hiles, 32541 Schoolcraft Road asked what protection the property owners have in regard to trees belonging to property owners being destroyed by Light Weight Aggregate Corporation. Mr. Ashmore stated he would investigate Mr. Hiles statement that trees had been destroyed on property not belonging to Light Weight Aggregate Corporation. The secretary announced that the next item on the agenda was the revised subdivision plat of Salem Farms Subdivision, No. 1 located approximately 655 feet East of Gill Road with a frontage on the North side of Seven Mile Road of approximately 655 feet in the Southeast 1/4 of Section 4. The secretary read letters dated April 13, 1955 from Loel R. Hellman; dated April 8, 1955 from Herald Hamill addressed to Mr. Seymour S. Winokur; dated May 10, 1955 from Hugh Wood, Jr., Chief Inspector and dated April 13, 1955 from Loel R. Hellman addressed to Mr. E. Michelson, Asst. Supt. of Livonia Schools. Mr. Hellman was present. Mr. Hellman stated there are exactly the same number and size of lots in the revised plat. The secretary read report dated June 1, 1954 by John H. Schmidt, Wayne County Health Department. Mr. Steinhoff, Member of the Plat Committee stated lots are same as they were on original plat and that the half streets have been eliminated. Stated in his opinion it is a better plat but that he did not like small lots with septic tanks. Mr. Ventura stated Mr. Hellman had to get the approval of the City Council on his improvements and that in his opinion Mr. Hellman did not have much chance for approval from City Council. Mr. Hellman stated across from this proposed subdivision there is one going in now with septic tanks and the same size lots. Also another group of homes is going in directly on the other side of Seven Mile Road. { Mr. Ashmore stated he thought commission should take stand whether or not they are going to approve septic tank plats with less than 1/2 acre lots. Mr. Conway stated that in view of the fact Mr. Hellman received tentative approval this commission should approve this improved revised plat. Mr. Ventura stated the question whether or not Mr. Hellman will obtain approval of improvements by City Council is out of this commission's hands. Stated Mr. Hellman has been warned that the City Council frowns on septic tanks in less than 1/2 acre lots. air Mr. Hellman stated that this proposed subdivision will be serviced by storm sewer. Asked whether that would have bearing on City Council's actions. Mr. Middlewood stated the Helman Park Subdivision area is on top of gravel bed and that they had very good percolation test. Mr. Herald Hamill stated that it is possible to go into Beitz Drain which is same drain as Helman Park. Stated ground water presently goes in that direction. Stated there would be no place where they would have depth of less than 8 feet. Mr. Hellman stated there would be no basements and that the home would be $16,000, brick. Lots would be approximately 12,000 square feet. Mr. Robinson stated he is definitely against septic tanks but suggested if a favorable report was obtained after 24 hour percolation test he might accept this plat. Mr. Middlewood stated he had never encountered a 24 hour percolation test. Mayor Hartom stated this is one of the requirements of the Board of Health. Mr. Hellman stated he would not be interested in building with septic tanks unless he had good test. Mayor Hartom stated the Board of Health has not revised their methods of testing soil but that they are following more closely the method laid down years ago. Upon a motion duly made by Mr. Harsha and seconded by Mr. Conway, it was RESOLVED that, revised preliminary subdivision plat of Salem Farms Subdivision, No. 1 located approximately 655 feet East of Gill Road with a frontage on the North side of Seven Mile Road of approximately 655 feet in the Southeast 1/4 of Section 4 be approved, and FURTHER RESOLVED, the City Planning Commission is aware of the fact that lots are less than 1/2 acre but that they are serviced with storm sewers. A roll call vote on the foregoing resolution resulted in the following: AYES: Conway, Harsha and Salinas NAYS: Robinson, Hay, Steinhoff and Ventura Mr. Ashmore suggested that if Mr. Hellman obtained a more recent favorable report from the Board of Health that his revised plat might be approved by this commission. The secretary stated that the next item on the agenda was the revised sub- division plat of North half of Buckingham Village Subdivision located on the Northwest corner of Inkster and Schooleraft Roads in the Southeast 1/4 of Section 24. Mr. Joseph Slavik was present. 3� Mr. Ashmore stated that he has been informed that subdividers have obtained title signed by Mr. Brooke for easement going into Bell Creek. Mr. Steinhoff, Member of the Plat Committee stated that the lots appear to be proper size. Stated that revised plat is definitely advantageous to the utilities. Mr. Slavik stated they are preparing this portion of the subdivision for canvas and that the canvas is almost ready. Mr. Ventura pointed out to commission that there is an easement on the West and South sides of the excepted property in the Northeast corner of plat. ' Related to commission hissed experience in regard to the trees on his property, the utility company and the easement. Mr. Slavik stated he purchased property with the understanding that there would be an easement. Mr. Ventura stated hewould like to see this in writing Mr. Slavik stated it is in his contract. Mr. Steinhoff stated the entire easement should be within the boundary of the subdivision. Mr. Ventura stated there are still in many cases over hanging tree branches. There was a lengthy discussion regarding the wording to be used to designate as easement - "private easement for public utilities" and "easement for public utilities". Reference was made to Section 12 of the Plat Act. Mr. Hay asked whether they intended to subdivide land West of this proposed subdivision. Mr. Slavik stated he did not. Mr. Hay asked whether they owned this land. Mr. Slavik stated he did not. Mr. Hay stated he would like to see commission hold public hearing on its own motion to rezone this R-3 area in order to avoid future difficulty the same as occurred at Middlebelt Road. Mr. Slavik stated that by revising this plat they lost one lot. Upon a motion duly made by Mr. Robinson, seconded by Mr. Hay and unanimously carried, it was #5-177-55 RESOLVED that, revised preliminary plat of the North 1/2 of Buckingham Village Subdivision (Buckingham Village Subdivision, No. 1) located on the Northwest corner of Inkster and Schoolcraft Roads in the Southeast 1/4 of Section 24 be approved in the form in which it has been submitted under date of May 3, 1955. The Chairman declared the foregoing resolution adopted. Mr. Robinson made the following motion which died for lack of support. RESOLVED that, minutes of meetings March 15, March 22, March 29 and April 12, 1955 be approved as presented. 389 Upon emotion duly made by Mr. Robinson, seconded by Mr. Steinhoff and unanimously carried, it was #5-178-55 RESOLVED that, minutes of meetings March 15, March 22, March 29 and April 12, 1955 be tabled until June 7, 1955 The Chairman declared the foregoing resolution adopted. Mr. Ashmore presented the fact that the Treasury Department is having difficulty regarding the amended Plat Act and the splitting of lots. Stated that this commission on its own motion will have to rezone those areas which have been split more than allowed. Mr. Harsha stated Mr. Albe Munson suggested that some time ago. Mr. Ashmore stated in cases where there is objection the majority will have to rule. Stated each member of this commission knows his area and that there should be some method of preparing these petitions and getting this matter over with. Stated in Supervisor's Livonia Plat, No. 5 and No. 6 that no one building there within the last two years would have been allowed under this amended Plat Act. Mr. Robinson suggested that Mr. Munson might be able to work something out regarding this problem. Upon amotion duly made by Mr. Hay and seconded by Mr. Steinhoff, it was #5-179-55 RESOLVED that, the City Planning Commission at this time on its own motion hereby provides for a Public Hearing to be held to rezone portion of Parcels EE and DD located in the Southeast 1/4 of Section 24 and Parcels CC, BB and AA located in the Southwest 1/4 of Section 24 from R-3B to R-1-A and that notice of said hearing be mailed to the owners of these parcels by registered mail return receipt. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Hay, Steinhoff, Harsha and Ventura NAYS: Conway and Salinas On a motion duly made, seconded and unanimously carried, this 57th Regular Meeting of the City Planning Commission was duly adjourned at approximately 1:12 a.m., May 18, 1955. sa 1 Dallas F. Hay, Acting Secre =+ v in Salinas, Secretary ATTESTED: Peter A. Ventura, Chairman