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HomeMy WebLinkAboutPLANNING MINUTES 1955-09-20 15 MINUTES OF A PUBLIC HEARING AND THE E61ST REGULAR MEETING OF THE CITY PLANNING COMMISSION On September 20, 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 61st Regular Meeting to order at approximately 8:00 p.m. William R. Robinson precided as secretary pro tem. Members present: Fred Lotz Karle Steinhoff Peter A. Ventura Robert Miller Dallas F. Hay William Robinson H. Paul Harsha Members absent: *Robert L. Greene **Daniel Lepo Lieutenant Bob Perry, Livonia Fire Department was present together with approximately 10 people attending the Public Hearing and the Regular Meeting. The secretary read letter dated September 15, 1955 from Edna Bierkamp, President, The Lt. L. J. Owens Auxiliary to Post 3941 - V.F.W. of Livonia requesting date of carnival September 9 to September 18, 1955 be changed to September 30 to October 9, 1955. Carnival to be located on Lots 1727 through 1740 and 1800 through 1813, Rosedale Gardens Subdivision, No. 9 and situated on the South side of Plymouth Road East of Shelden Shopping Center in the Northwest 1/4 of Section 34. Mrs. Edna Bierkamp was present. IL *Mr. Robert L. Greene arrived at meeting at approximately 8:01 p.m. Upon a motion duly made by Mr. Harsha, seconded by Mr. Lotz and unanimously carried, it was #9-305-55 RESOLVED that, City Planning Commission grant permission to Edna Bierkamp, President, The Lt. L. J. Owens Auxiliary to Post 3941 V.F.W. of Livonia to change date of carnival located on Lots 1727 through 1740 and 1800 through 1813, Rosedale Gardens Subdivision, No. 9 and situated on the South side of Plymouth Road East of Shelden Shopping Center in the Northwest 1/4 of Section 34 from September 9 to September 18, 1955 to September 30 to October 9, 1955. The Chairman declared the foregoing resolution adopted. The secretary read letter dated September 16, 1955 from David Lewis, Durable Homes Inc. requesting approval of final plat of Livonia Estates Subdivision, No. 4 located approximately 350 feet South of West Chicago Road and approxi- mately 250 feet West of Lathers Avenue in the Southwest 1/4 of Section 36. The secretary also read letters dated September 6, 1955 from Marie W. Clark, City Clerk addressed to Mr. David Lewis and letter dated September 16, 1955 from Marie W. Clark, City Clerk. Mr. George Lewis was present. No one was present opposed to approval of final plat as presented. IL: Upon a motion duly made by Mr. Robinson, seconded by Mr. Miller and unanimously carried, it was **Page 1087 16 0-3 two , #9-306-55 RESOLVED that, final plat of Livonia Estates Subdivision, No. 4 located approximately 350 feet South of West Chicago Blvd. and approximately 250 feet Westof Lathers Avenue in the Southwest 1/4 of Section 36 be given approval, and > FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission January 25, 1955; and it further appearing that said proposed plat together with plans and specifications for improvements therein have been approved by the Department of Public Works under date of July 22, 1955 and it further appearing that a bond in the amount of $34,300 to cover the installation of improvements in the afore- mentioned subdivision and Livonia Estates Subdivision, No. 5 has been filed in the office of the City Clerk under date of September 15, 1955; such bond having been approved by George D. Haller, City Attorney on September 15, 1955 it would therefore appear that all conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was request for final approval of Livonia Estates Subdivision, No. 5 located approximately 110 feet West of Lathers Avenue between Dover Avenue and West Chicago Blvd. in the Southeast 1/4 of Section 36. The secretary stated the same correspondence pertaining to Livonia Estates Subdivision, No. 4 pertain also to this subdivision. No one was present objecting to the approval of the final plat as submitted. Upon a motion duly made by Mr. Lotz, seconded by Mr. Steinhoff and unanimously carried, it was #9-307-55 RESOLVED that, final plat of Livonia Estates Subdivision, No. 5 located approximately 110 feet West of Lathers Avenue between Dover Avenue and West Chicago Blvd. in the Southeast 1/4 of Section 36 be given approval, and FURTHER RESOLVED, inasmuch as it appears on the records that '.entative approval of said proposed plat was given by the City Planning Commission May 10, 1955; and it further appear- ing that said proposed plat together with plans and specification for improvements therein have been approved by he Department of Public Works under date of July 22, 1955; and it further appearing that a bond in the amount of $34,300 to cover the installation of improvements in the aforementioned subdivision and Livonia Estates Subdivision, No. 4 has been filed in the office of the City Clerk under date of September 15, 1955; such bond having been approved by George D. Haller, City Attorney under date of September 15, 1955 it would therefore appear that all conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Petition No. Z-115 by Harold A. Ford, President, The Livonia Methodist Church and the Methodist Union of Greater Detroit asking that the zoning classification of Lot 797, Supervisor's Livona Plat, No. 13 located on the West side of Love- land Avenue approximately 120 feet South of Seven Mile Road in the Northwest 1/4 of Section 10 be changed from R-1-B to Pl. Mr. Ventura stated he received a telephone call from Mr. Ford and that Mr. Ford requested that this petition be tabled until such time as there is further communication from them. Upon a motion duly made by Mr. Steinhoff, seconded by Mr. Hay and unanimously carried, it was #9-308-55 RESOLVED that, Petition No. Z-115 by Harold A. Ford, President, The Livonia Methodist Church and The Methodist Union of Greater Detroit asking for a change of zoning in the Northwest 1/4 of Section 10 from R-1-B to P1 be tabled until further communication from petitioner. The Chairman declared the foregoing resolution adopted. Mr. George D. Haller, City Attorney arrived at meeting at approximately 8:15 p.m. The secretary announced that the next item on the agenda was Petition No. Z-124 by Rose Wilson asking that the zoning classification of a portion of Parcel L located on the East side of Levan Road approximately 100 feet South of Plymouth Road in the Northeast 1/4 of Section 32 be changed from C-2 to P1. Mr. Arthur E. Whipple, Attorney, 3201 Cadillac Tower, Detroit was present. Mr. Whipple stated that in view of the fact the major petition (gasoline service station) was denied and The Texas Company proposed to lease the 50' located on the East side of Levan Road approximately 100 feet South of Plymouth Road that he would like to request Petition No. Z-124 be denied without prejudice. Upon a motion duly made by Mr. Steinhoff, seconded by Mr. Greene and unanimously carried, it was #9-309-55 RESOLVED that, pursuant to a Public Hearing having been held on August 16, 1955 on Petition No. Z-124 as submitted by Rose Wilson for a change of zoning in the Northeast 1/4 of Section 32 from C-2 to Pl the City Planning Commission does hereby recommend to the City Council that Petition No. Z-124 be denied without prejudice as verbally requested by Arthur Whipple, Attorney, and FURTHER RESOLVED, notice of the above hearing was published 1[40 in the official newspaper, The Livonian under date of July 28, 1955 and notice of which hearing was sent to The Detroit Edison Co. 1 8 Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumer Power Company, City Departments and petitioner as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Greene, seconded by Mr. Lotz and unanimously carried, it was #9-310-55 RESOLVED that, minutes of meetings July 19 and July 26, 1955 be approved as presented. The Chairman declared the foregoing resolution adopted. The secretary read letter dated September 15, 1955 from Calvin Roberts, Chief Livonia Fire Department regarding half streets. Mr. George D. Haller left meeting at approximately 8:19 p.m. Lieutenant Perry stated the Fire Department has run tests with apparatus trying to get to Jefferson School. Stated they cannot go down Henry Ruff Road as paving is going in. Mr. Ventura informed Lieutenant Perry that question of one way street would be referred to the Traffic Commission and question of widening Robert Avenue should be referred to City of Livonia and School Board. Stated he discussed this situation with Mayor Elbert M. Hartom. Suggested item be referred to City Attorney for solution. Read portion of Subdivision Rules and Regulations Section 4.02 (f). Mr. Miller stated it is his understanding that school pays for portion of street adjacent to School. Mr. Ventura stated property owner on either side of street is usually liable for paving of street. Mr. Miller stated there is ten acres set aside for play ground which has not been purchased and which Parks and Recreation Department has not made move to purchase. Mr. Ventura stated he would like motion that letter be entered into minutes of commission so that it won't be forgotten. Mr. Hay suggested a committee be appointed to look further into this item. The Chairman appointed Messrs. Miller (Chairman) Steinhoff, Lotz and Harsha to look into this item of half streets and report back to commission. October 18, 1955. Mr. George D. Haller returned to meeting at approximately 9:27 p.m. Mr. Haller stated in a particular location he could not say who would be liable for paving of street. Stated City and School District would be liable for their half of unpaved street. Stated in some instances street is not dedicated therefore it is not possible to pave it. Also City and School District may not have money to pay for cost of paving. 1084 19 Mr. Miller stated that there may be some privately owned land in this area. Mr. Ventura stated he believed a private owner does own poi-bon of right-of way. Mr. Harsha stated in his opinion School Board should take care of street as erecting school certainly developes it. Mr. Harsha stated in his opinion it is part of the duty of this board to plan not only streets, zoning, etc. but also sewers, water service and various other utilities. Stated this comes under Planning Commission Act. Stated this board has never seen any plans of the prOposed sewer system. Mr. Haller stated he throught City Clerk has copy of plans. Mr. Harsha stated Planning Board was never consulted nor were plans referred to it and that it is within commission's power to request these plans. Mr. Haller stated he thought City Clerk would be willing to turn over copy of plans. Mr. Howard B. Middlewood, Acting Chief Inspector arrived at meeting at approximately 8:35 p.m. Chairman Peter A. Ventura relinquished Chair to Dallas F. Hay at approximately 8:36 p.m. Mr. Ventura asked Mr. Harsha his intent - that this Commission be consulted as to the design, engineering or location of proposed sewer. Mr. Harsha stated Commission has drawn up Zoning Ordinance and under State Law Commission should have been consulted when sewers were brought up and proposed. Commission should be aware of location of sewer. Acting Chairman Dallas F. Hay relinquished Chair to Peter A. Ventura at approximately 8:36 p.m. Mr. Ventura stated he briefly looked through State Law and couldn't find any- thing which gives Commission any authority to supervise design or construction of the sewer. Stated perhaps it would have been nice if Commission had been consulted on the location of sewer. Mr. Haller stated Wayne County Road Commissioners have jurisdiction as to the location, maintenance and other functions of sewer. Stated in the case of water, the City pays for water and the Wayne County Road Commissioners provide facilities and that to some degree this is also true of proposed sewer. Stated it is a metropolitan sewer, so to speak. Stated it is rather hard to defind area between City and Commissions within City. Agreed with Mr. Harsha that City authorities should have knowledge of this Commission's experience. Stated Department of Health has some jurisdiction as to location of sewer. Upon a motion duly made by Mr. Harsha, seconded by Mr. Robinson and unanimously carried, it was 20 #9-311-55 RESOLVED that, City Planning Commission does hereby request City Clerk turn over to this Commission for study complete plans on the proposed sewer syttem. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Hay, seconded by Mr. Lotz and unanimously carried, it was #9-312-55 RESOLVED that, 61st Regular Meeting be adjourned. The Chairman declared the foregoing resolution adopted and called the Public Hearing to order. The secretary read petition dated August 9 and August 26, 1955 by Jerry G. Mudie, Zoning Engineer, The Detroit Edison Company requesting permission to erect an electric substation on portion of Parcel Hlalal located on the East side of Farmington Road approximately 100 feet North of Oregon Avenue in the Southwest 1/4 of Section 34. Messrs. Jerry G. Mudie and Willy Groves, Chief Planning Engineer were present. Mr. Mudie cited to Commission a number of statistics regarding the increase in electric consumption. Stated that if they are not able to locate sub— station in this area The Detroit Edison Company will not be able to serve people in this area. Stated there will not be any activity, quiet, non— attended station, station will be landscaped and architect has been in section and presented a plan for station that will be harmonious with neighborhood. Presented architect sketch of substation. Mr. Robinson asked height of building. Mr. Mudie stated control room property is 121 to 141 high and transformer station is 211 high. Mr. Miller asked whether there will be greenbelt between building and residence. Mr. Mudie stated they had not planned on any greenbelt on North and South sides. Mr. Robinson asked whether there will be storage at location and greenbelt in back. Mr. Mudie stated there will not be storage at substation and that they had not proposed greenbelt on back portion. Stated there will be grass. Mr. Ventura cited existing station at West Chicago and Middlebelt Roads. Asked whether there would be maintenance crews. Mr. Robinson stated that inasmuch as they will have grass at the back and sides, did not see necessity of greenbelt. Mr. Mudie stated The Detroit Edison Company has two types of stations: (1) outdoor type substation in undeveloped areas and (2) complete building where location is in developed area. Mr. Greene asked about future expansion when this is built up. Mr. Groves stated they will move to another location but that they are hopeful this is last spot in this neighborhood. Mr. Miller asked how many substations of this type are required in a square mile area. Mr. Groves stated this substation will handle, depending on population etc., up to four square tiles. Stated ,conditions change over the years and that existing customers use two and three times more electricity than what they use to. Mr. Harsha asked whether they have observed proper set back. Mr. Ventura stated that before permit is issued by the Building Department. The Detroit Edison Company will be required to submit plot plans and that Building Department will see that petitioner abides by ordinance. Mr. Harsha stated he would like to see greenbelt on sides which are adjoining residential area. Mr. Mudie stated a church abuts one side and that side yards of proposed building abut rear yards of residence. Stated side yards will be 301. Mr. Ventura referred to Section 11.04, Zoning Ordinance, No. 60 which stated all non-residential uses provide greenbelt. Asked Mr. Haller if this would pertain to this particular instance. Mr. Haller stated on one side at least they would be required to have green- belt. Mr. Steinhoff asked whether drive-way would be gravel. Mr. Mudie stated it would. Mr. Steinhoff stated in his opinion drive-way should be concrete. Mr. Mudie stated gravel is used in most of their substations. 1[4m Mr. Ventura stated at this location Farmington Road is not paved. Mr. Groves stated in approximately four years they will be required to replace transformers and at such time trucks will have to have access. Mr. Steinhoff stated concrete would conform with residence. Mr. Mudie stated at the time Farmington Road is paved, possibly there will be reason to have concrete approach in the street proper. Mr. Middlewood stated 4" slab for appearence only would be useless as far as heavy trucks are concerned. Stated crushed stone would be more practical. No one was present opposed to petition as presented. Upon a motion duly made by Mr. Greene, seconded by Mr. Miller and unanimously carried, it was #9-313-55 RESOLVED that, pursuant to a Public Hearing having been held September 20, 1955 the City Planning Commission does hereby grant the petition by Jerry G. Mudie, Zoning Engineer, The Detroit Edison Company requesting permission to erect an electric substation on portion of Parcel Hlalal located on the East side of Farmington Road approximately 100 feet North of Oregon Avenue in the Southwest 1/4 of Section 34 subject to The Detroit Edison Company putting in proper greenbelt on side adjoining residential area and plot plan No. 5E5756-1 and that architectural drawing entitled "Proposed Elgin Sub- 22 stationto be identified by the signatures of the Chairman .1'-a and the Secretary of this Commission, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary read petition dated August 29, 1955 by James Tringoli, Mamma Mia Restaurant requesting permission to erect 80 square foot neon roof sign on Lots 15 and 16, Schanhitels Marquette Manor Subdivision located on the Northeast corner of Cardwell Avenue and Plymouth Road in the Southeast 1/4 of Section 25. Mr. James Tringoli was present. Mr. Tringoli stated proposed sign will extend 15t1 beyond building line and that sign will no doubt be yellow. Mr. Hay asked if sign will be flashing. Mr. Tringoli stated it would not and that there will be an arrow. Mr. Ventura stated sign will be 221 above grade level. No one was present opposed to petition as submitted. Upon a motion duly made by Mr. Hay, seconded by Mr. Steinhoff and unanimously carried, it was #9-314-55 RESOLVED that, pursuant to a Public Hearing having been held September 20, 1955 the City Planning Commission does hereby grant petition by James Tringoli, Mamma Mia Restaurant request- ing permission to erect 80 square foot neon roof sign on Lots 15 and 16, Schanhitels Marquette Manor Subdivision located on the Northeast corner of Cardwell Avenue and Plymouth Road 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. The Chairman declared the foregoing resolution adopted and called a recess at approximately 9:25 p.m. The Chairman called the Public Hearing to order at approximately 9:35 p.m. with all present as named at beginning and course of meeting except Howard Middlewood, Acting Chief Inspector. **Mr. Daniel Lepo arrived at meeting at approximately 9:35 p.m. The secretary announced that the next item on the agenda was Application TA6 by William B. Pankin, National Sand Company requesting permission to remove sand on Parcel I located on the Northwest corner of Plymouth Road and Lyndon Road in the Northeast 1/4 of Section 21. The secretary read letters dated September 19, 1955 from William G. Sharpe, Supt., Department of Public Works and dated September 20, 1955 from Sergeant Robert Baumgartner, Livonia ' $ Police Department. Mr. William B. Pankin was present. Mr. Robinson, Chairman Topsoil Committee stated he visited site and property appears as shown on topographic survey. Mr. Pankin stated in past operation there have been times when roads became dusty at which time his concern has taken it upon itself to oil roads. Stated company controls trucks as much as possible. Stated they plan to remove hill and ridges and do not plan to go below grade. The secretary read petition signed by approximately 15 adjacent property owners opposed to application. Mr. Milton R. Holley, 14821 Farmington Road stated he could not see where they can take sand out as area is below grade of Farmington Road now and 18" to 2v below Lyndon. Stated it is 18" above grade for short way on Lyndon Road. Stated if they remove ridge, it will leave adjacent property owners high and dry. Five were present opposed to approval of application. Mr. Buxton (joint owner with Joseph Rich) stated survey does show two or. three low spots. Stated he purchased property to build houses and that he is only selling surplus sand. Mr. Pankin stated survey does show low area at Farmington Road but that it is not their intent to remove sand at this point. Stated they will remove sand from areas showing elevation of 105.4 to 111.6. Stated there are nine acres to be removed at the ridge. Mr. Holley stated existing ridge extends into other property. Mr. Steinhoff, Member of Topsoil Committee stated the only place that looked high is around the abandoned house along Lyndon Road and that other than that it drops off. Mr. Lepo stated that according to the survey it seems that there is sufficient elevation to have removal but that commission should also take into con- sideration how it will affect adjoining property. Stated after removal there will be bank of 10'. Suggested petition be tabled in order to give Commission opportunity to further study area. Mr. Harsha asked if there is a representative from the D.P.W. present that could inform Commission what the final level of Stark (Lyndon) will be. Mr. Ventura stated Mr. Sharpe, Supt. of Public Works signed application. Mr. Holley stated the Bell Drain cuts across one corner at Lyndon and Farm- ington Road. Mr. N. D. Alix, 30761 Greenfield, Royal Oak questioned the 101 bank mentioned. Upon a motion duly made by Mr. Steinhoff and seconded by Mr. Lotz, it was 24 C..a #9-315-55 RESOLVED that, pursuant to a Public Hearing having been held on September 20, 1955 the City Planning Commission does hereby deny Application TA6 by William B. Pankin, National Sand Company requesting permission to remove sand on Parcel I located on the Northwest corner of Farm- ington and Lyndon Roads in the Northeast 1/4 of Section 21, 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 and recommendation having been obtained from the Department of Public Works under date of September 19, 1955 and from the Police Depart- ment under date of September 20, 1955. A roll call vote on the foregoing resolution resulted in the following: AYES: Lotz, Miller, Greene, Lepo, Steinhoff, Hay, Ventura and Robinson NAYS: Harsha Mr. Pankin stated that at this time he would like to withdraw Application TA7 requesting permission to remove sand on Parcel Gl2blb located approxi- mately 650 feet West of Farmington Road directly North of parcel described in Application TA6 in the Northeast 1/4 of Section 21. Upon a motion duly made by Mr. Hay and seconded by Mr. Robinson, it was #9-316-55 RESOLVED that, verbal request by Mr. William B. Pankin, National Sand Company to withdraw Application TA? for permission to remove sand on Parcel Gl2b1b located approximately 650 feet West of Farmington Road directly North of parcel described in Application TA6 in the Northeast 1/4 of Section 21 be honored. A roll call vote on the foregoing resolution resulted in the following: AYES: Lotz, Miller, Greene, Lepo, Steinhoff, Hay, Harsha and Robinson NAYS: Ventura Mr. Pankin asked for what it was worth, what the residents are going to do when housing developers come down to the road grade. The secretary announced that the next item on the agenda was Application TA8 by William D. Smith requesting permission to remove sand located on Parcel M3 and situated on the South side of Five Mile Road approximately 1,725 feet West of Fairlane Road in the Northwest3/4 of Section 21. The secretary stated correspondence from Police Department and Department of Public Works is the same as form letter submitted with Application TA6. The secretary read letter dated July 19, 1955 from Hugh J. Wood, Jr., Chief Inspector. Mr.William D. Smith was present. Mr. Robinson, Chairman Topsoil Committee stated he visited site and it 25 appears the same as shown on topographic survey. Stated survey does not show reference to Five Mile Road as previously requested by Commission. Mr. Steinhoff stated site did not look good to him. Mr. Ventura stated there is .deep gulley going into property. Stated survey does not show bench mark. Mr. Smith stated bench mark is springs and small drainage ditch - 21 above drainage ditch. Mr. Lepo asked elevation of Five Mile Road. Mr. Smith stated first survey submitted was taken from middle of Five Mile Road and that there would be only 11 of soil to remove. Stated there is more soil to ren ove if level is taken from levels established by other topsoil removers in this area. Mr. Ventura stated petition was heard June 15, 1954 and February 15, 1955, Mr. Smith stated pavement on Five Mile Road goes up at this point. Mr.Ventura asked how far West this property is b cated from where Mr. Cummins is removing. Mr. Smith stated there is parcel between this and where Mr. Cummins is removing soil of approximately 1501 in width. Stated Mr. McCary, Ci y Engineer visited site and suggested that there would be no need to hold to Five Mile Road. Stated there is 101 County Drain on back of property. Mr. Harsha asked level shown compared to Five Mile Road. Mr. Robinson stated that Mr. Smith stated highest point of property is 11 above Five Mile Road. Mr. Harsha stated he could not get feel of this until level of Five Mile Road is established. No one was present opposed to application as presented. Mr. Ventura stated there is no use in hearing this application over and over again inasmuch as petitioner has not answered what relation elevation has to elevation of Five Mile Road. Upon a motion duly made by Mr. Greene, seconded by Mr. Lepo and unanimously carried, it was #9-317-55 RESOLVED that, pursuant to a Public Hearing having been held on September 20, 1955 the City Planning Commission does hereby deny application TA6 by William D. Smith requesting permission to remove sand located on Parcel M3 and situated On the South side of Five Mile Road approximately 1,725 feet West of Fairlane Road in the Northwest 1/4 of Section 21 because Commission has repeatedly requested petitioner to establish the grade of road and petitioner has failed to do so making it impossible to establish grade of property in relation to road, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner, City Departments 26 as listed in the Proof of Service and recommendation having been obtained from the Department of Public Works under date of July 11, 1955 and from the Police Department under date of September 19, 1955. The Chairman declared the foregoing resolution adopted. The secretary read petition dated August 9, 1955 by T. R. Lennox requesting permission to operate a part time shoe repair shop in the garage attached to house on Parcel M69b located at 27460 Joy Road and situated on the North side of Joy Road approximately 325 feet West of Inkster Road in the South— east 1/4 of Section 36. The secretary read letter dated July 26, 1955 from George D. Haller, City Attorney. Mrs. T. R. Lennox was present. Mr. Hay stated that from the address given in petition this appears to be business venture. Mr. Greene asked if anyone is living in house. Mrs. Lennox stated house is rented and that if there is ques-`ion of granting petition because of this they will give tenant notice. Mr. Lotz stated under Section 2.26, Zoning Ordinance, No. 60 it states a home occupation must be carried on by a member of a family residing on the premises. Mr. Ventura asked Mrs. Lennox whether it is her intent to move to 27460 Joy Road. Mrs. Lennox stated she did not and that house could be left vacant.. Mr. Harsha stated building will become part business and part home. Mr. Greene stated if home is vacated, it will be all business. Mr. Ventura asked whether they can conduct business in building of this type. Mr. Hay stated all commercial businesses must be of masonry con— struction. Mrs. Lennox stated Mr. Middlewood stated there is no reason why business cannot be operated provided there is fire wall and approval of this Commission. Lieutenant Perry stated living off premises puts entirely different light on this and that his department classified this as home occupation. Stated if house is vacated, it would constitute another hazard as doors, windows etc. would have to be boarded up. Mr. Ventura asked whether commission and/ or city had right to specify what building should be constructed of. Mr. Haller stated control is through Building Code which City Council has adopted Wayne County Building Code and National Building Code. Stated City could control type of construction. Establishing a business use, it would have to conform with business requirements as to character of construction. No one was present opposed to petition as presented. Upon a motion duly made by Mr. Robinson, seconded by Mr. Lotz and unanimously carried, it was 0 #9-318-55 RESOLVED that, pursuant to a Public Hearing having been held September 20, 1955 the City Planning Commission does hereby deny petition by T. R. Lennox requesting permission E to operate a part time shoe repair shop in the garage attached to house on Parcel M69b located at 27460 Joy Road and situated on the North side of Joy Road approximately 326 feet West of Inkster Road in the Southeast 1/4 of Section 36, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary read petition dated July 16, 1955 by Charles Cannon requesting permission to construct a twenty unit Motel with one bedroom living quarters on Parcel A13 located at 28701 Plymouth Road and situated on the South side of Plymouth Road approximately 600 feet West of Harrison Road in the North- west 1/4 of Section 36. The secretary read petition filed with 65 signatures of property owners approving of petition as required by Section 11.02 (k), Zoning Ordinance, No. 60. Mr. Charles Cannon was present. Mr. Howard Middlewood returned to meeting at approximately 10:40 p.m. Lieutenant Perry stated he saw sketch and was assured by Mr. Cannon that everything will be done according to code. Mr. Ventura stated that there are several motels East of this location. Mr. Cannon stated the first one is 1/4 mile from this location. Miss Oma Smith, 8851 Bryden, Detroit stated she intented to sell her property for business and that businesses do not obtain business from a motel. Stated those who signed petition are those in adjacent subdivision. Mr. Cannon stated when he obtained signatures he felt that residents would be affected by motel and that those who owned businesses would not object. Mr. Ventura stated lots along Plymouth Road are 300' deep and back portion is used for weeds and collection of junk. Stated it would be to the interest of the City to have Motel and that frontage is already occupied with Drive-In Miss Smith stated she had no objection to motel if it is to be located back of Drive-In and that she did not understand location. Mr. Middlewood stated there are nine stores being constructed between Garden Avenue and the hardware store. Mr. Hay suggested report be obtained from Police Department on operation of Drive-In before action is taken on petition. Mr. Ventura stated he did not see that this would be pertinent. Mr. Robinson stated it would be detriment to motel if Drive-In is not properly conducted. Upon a motion duly made by Mr. Lepo and seconded by Mr. Miller, it was #9-319-55 RESOLVED that, pursuant to a Public Hearing having been held September 20, 1955 the City Planning Commission does hereby grant petition by Charles Cannon requesting permission to construct a twenty unit motel with one 31,` bedroom living quarters on Parcel A13 located at 28701 Plymouth Road and situated on the South side of Plymouth Road approximately 600 feet West of Harrison Road in the Northwest 1/4 of Section 36, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian on September 8, 1955 and notice of which hearing having been sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Lotz, Miller, Greene, Lepo, Harsha and Robinson NAYS: Hay and Steinhoff NOT VOTING: Ventura Howard Middlewood and Lieutenant Perry left meeting at approximately 11:10 p.m. Mr. Lotz made the following motion which Mr. Greene seconded and which the Chair ruled out of order. RESOLVED that, City Planning Commission hold election of officers. Mr. Ventura stated that he had conversation with Mayor Hartom and that the Mayor requested nothing be done at this time. As administrative head of Government and person that appoints members of this Commission, request should be granted. Mr. Greene asked Mr. Haller's opinion. Mr. Haller stated he did not know any rule and that he has never seen rules of procedure of this Body; there- fore general parliamentary proceedure would apply. Stated there is something to be said about having full Body of men with regular appointments at time of election. Upon a motion duly made by Mr. Hay and seconded by Mr. Greene, it was #9-320-55 RESOLVED that, ruling of Chair be challenged in regard to motion by Messrs. Lotz and Greene that elections be held. A roll call vote on the foregoing resolution resulted in the following: AYES: Lotz, Greene, Lepo, Steinhoff, Hay, Harsha and Robinson NAYS: Miller and Ventura Upon a motion duly made by Mr. Lotz and seconded by Mr. Greene, it was #9-321-55 RESOLVED that, City Planning Commission hold election of officers. 1024 - 29 A roll call vote on the foregoing resolution resulted in the following: AYES: Lotz, Miller, Greene, Lepo, Steinhoff, Hay, Harsha and Robinson NAYS: Ventura Nominations were made for Chairman as follows: Dallas F. Hay by Robert L. Greene William Robinson by Karle Steinhoff Upon a motion duly made by Mr. Hay, seconded by Mr. Steinhoff and unanimously carried, it was #9-322-55 RESOLVED that, nominations for Chairman, City Planning Commission be closed. The Chairman declared the foregoing resolution adopted. Result of vote: Dallas F. Hay - 3 William Robinson - 6 Nominations were made for Vice-Chairman as follows: Karle Steinhoff by William Robinson Daniel Lepo by Robert L. Greene (Mr. Lepo declined nomination) I[: Robert Miller by Dallas F. Hay (Mr. Miller declined nomination) Upon a motion duly made by Mr. Greene, seconded by Mr. Lotz and unanimously carried, it was #9-323-55 RESOLVED that, nominations for Vice-Chairman, City Planning Commission be closed and that Karle Steinhoff be unanimously elected Vice-Chairman. The Chairman declared the foregoing resolution adopted. Nominations were made for Secretary as follows: Fred Lotz by Daniel Lepo Upon a motion duly made by Mr. Lepo, seconded by Mr. Greene and unanimously carried, it was #9-324-55 RESOLVED that, nominations for Secretary, City Planning Commission be closed and that Fred Lotz be unanimously elected Secretary. The Chairman declared the foregoing resolution adopted and turned the Chair over to newly elected William R. Robinson. Upon a motion duly made by Mr. Harsha and seconded by Mr. Lotz, it was #9-325-55 RESOLVED that, Peter A. Ventura be given vote of thanks by the City Planning Commission for the service he has rendered as Chairman in the past year inasmuch as he has given a great deal of time and thought and has done an excellent job. A roll call vote on the foregoing resolution resulted in the following: AYES: Miller, Greene, Lepo, Steinhoff, Hay, f1arsha Robinson and Lotz NAYS: None NOT VOTING: Ventura On a motion duly made by Mr. Hay, seconded by Mr. Lepo and unanimously carried, this Public Hearing of the City Planning Commission was duly adjourned at 11:20 p.m., September 20, 1955. • William R. Robinson, Acting Secretary �F'red L z, Secretary /� ATTESTED: (_;;;?..114.4( Z/() Peter A. Ventura, Chairman /4444( Dallas F. Hay, Acting Chairman William R. Robinson, Chairman