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HomeMy WebLinkAboutPLANNING MINUTES 1956-07-10 MINUhS OF A PUBLIC HEARING OF THE CITY PLANNING COMMISSION On July 10, 1956 the above meeting was held by the City Planning Commission at the City Hall, 33001 Five Mile Road, Livonia, Michigan. Chairman William R. Robinson called the Public Hearing to order at approximately $:09 p. m. Members present: Robert L. Miller William R. Robinson H. Paul Harsha Karle Steinhoff Leonard Kane Robert L. Greene Members absent: *Charles Walker Daniel Lepb Fred A. Lotz Donald Wilson, Chief Inspector and Charles Pinto, Asst. City Attorney were present together with approximately 75 interested residents attending the Public Hearing. Upon a motion duly made by Mr. Greene, seconded by Mr. Steinhoff and unanimously carried, it was #7-244-56 RESOLVED that, City Planning Commission depart from regular order of business in order to hear Item No. 7 as shown on the agenda. The chairman declared the foregoing resolution adopted. The secretary announced that the first item to be heard was the proposed Merri- Five Mile Subdivision located between Rayburn Avenue and Five Mile Road East of Merriman Road in the Southwest 1/4 of Section 14. The secretary read letter dated June 27, 1956 from Calvin Roberts, Chief Livonia Fire Department, Messrs. Herbert W. Spoon and Harry Spoon were present. Mr. Kane questioned the type of shopping center to be established. Mr. Robinson stated matter before Commission is the approval or denial of the proposed sub- division plat rather than the proposed shopping center. Mr. Spoon stated they have no definite plans but the buildings will be set towards the back of the property with the off-street parking in front. Mr. Kane asked need of shopping center in area. Ir. Spoon stated because of the new sewer the area is going to open up for residential use/ Presently if people in area have any shopping to 'do they have to go to Plymouth and Farm- ington Roads which is three miles. Mr. Greene stated lots are shown facing school site. Mr. Spoon stated lots adjoin school site but back rather than face school site. Mr. Greene asked whether developers intend to fence between school site and lots or let the future property owners do it. Mr. Spoon stated they have made no provision for fencing and that future owners will do it. Mr. Robunson asked size and approximate value of proposed homes. Mr. Spoon * Page 1370 312 0.3 tzi stated homes will sell for approximately $17,000 and $19,000 and will depend on actual land cost at the time/ Mr. Joseph Milko, 30921 Wentworth (President of the Merriman Estates Civic Association) stated he would like to see proposed subdivision denied as entire area is zoned for large lots and has been developed as such except this parcel. Requested names of those present objecting to petition be recorded in minutes. Mr. Robinson stated in his opinion names will not be necessary but requested secretary take a count. Approximately 43 residents were present objecting to proposed subdivision. Mr. Milko presented petition signed by approximately 80 objecting to proposed subdivision and shopping center. The secretary read petition as presented by Mr. Milko. Mr. Robinson stated opinion has been given by the City Attorney that it is not necessary to rezone property from RUF to R-1 before submission of preliminary plat. Mr. Milko stated Planning Commission can deny plot plan. Mr. Charles West, 31150 Rayburn stated there is only 200 feet on Merriman and Five Mile Roads zoned for business use and proposed shopping center is 500 feet deep. Questioned whether a change of zoning would be necessary. Mir. Robinson stated he would have to petition for change. Mr. Milko questioned how Commission could approve plat omitting such a large secti:.n of land. Mr. Robinson stated owners can plot whatever part of parcel they want. Mr. Milton Holley, 1421 Farmington Road stated the City Attorney stated one does not have to have change of zoning . from RUF to R-1 - the Zoning Ordinance says "use" and not "size." Mr. Robinson stated it will be a R-1 use (7,200 square feet). Mr. Holley stated RUF is 1/2 acre. Mr. Pinto stated according to Mr. Ponder's opinion a RUF District does not have to be rezoned to R-l. Referred to Section 8.04, Zoning Ordinance No. 60 "....if a parcel of land has less area than herein required such parcel shall comply with all the requirements of the R-1 District...." Mr. Holley stated on one man's interpretation, residents will have to go to court. Mr. William Snyder, 30921 Puritan asked whether there is such a thing as RUF. Stated they purchased RUF property and were under the impression that RUF meant a certain amount of area and the useage meant the size of home. Now there is a new opinion. Mr. Karle Steinhoff requested opinion dated June 15, 1956 from Albe Munson, Planning Consultant be read. The secreatry read opinion as requested. 1369 313 Mr. William N. Ponder, City Attorney arrived at meeting at approximately 8:31 p. m. Mr. Ponder stated as he understands it, the question is in regards to the opinion from the City Attorney's Office in regard to use and development of property in a RUF District. Stated some residents have been under the im- pression that the lot size should be 1/2 acre pursuant to Section 8.04, Zon- ing Ordinance, No. 60. Stated in his opinion he did not believe this is correct legal interpretation of ordinance. Referred to Section 8.00(a), Zon- ing Ordinance, No. 60 and that in the R-1 District Regulations one can make use of property in 60' lots. If one wants to use land in a district zoned RUF and not have 1/2 acre sites then he has to follow R-1 requirements (sewer, water etc.). At the time Livonia was made a City there was a lot of undeveloped land and at the time there were a lot of people who had 1/2 acre sites who were desirous of having small estates or raising fowl, etc. Section 8.00 was placed in ordinance for that purpose. If one developes in RUF District and makes R-1 use (60' lots) then he cannot do any of these things as provided for under Section 8.02. Stated only legal principles can be applied as they exist and if it is found wrong that is up to people and legislative authorities of the City. Mr. Snyder stated before this Body is a legal opinion which is contrary to another previous opinion. Asked how people can find out which attorney is right. Mr. Ponder stated before he gave opinion he consulted with Mayor Brashear as well as other attorneys. Stated there is a case pending in Court in which he has answered upholding RUF as interpreted in past to see if City can get Court to rule on question. Councilman John Daugherty, 14336 Brookfield stated he disagreed with City Attorney. Referred to Section 4.05, Zoning Ordinance, No. 60 in which City Attorney omitted to read opening sentence "...the size and minimum width of each residential lot on which or in relation to which any building or use is affected by the provisions of this ordinance..." Stated residential lot can be only located in R-1 Zoning District. Referred to Sections 8.02 and 8.04 and stated the uses given and lot area given are two separate sections and unrelated. Based on this section pertains only to RUF land that was in existence at the time ordinance was adopted. Stated people in RUF Districts are entitled to the same consideration and protection as the people in R-7. Districts. Doubted if any City Attorney would allow C-2 use in R-1 District provided they comply to R-1 regulations (side, front and rear yards). Mr. Milko referred to Section 1.02, Zoning Ordinance, No. 60 and stated all property in area are large lots and a uniform pattern. Mr. Robinson stated he could not agree that R-1 use is irregular. Mr. Snyder asked whether it isn't irregular when there are two lots facing each other that are not the same size. Mr. Harsha stated there are 14 large lots which directly front to the North of the property in question, to the East the property is reserved for school purposes and to the West it is zoned R-1-A. Stated in his opinion there are 14 residents involved that may have some complaint. 04) 1_4 Mr. Howard Majeske, 30961 Puritan stated school is being built based on the existing homes. Mr. Snyder stated on the entire length of Merriman Road from West Chicago to Seven Mile Roads there are few lots siding on Merriman, if any. Stated that is also irregular. *Mr. Charles Walker arrived at approximately $:55 p. m. Mrs. Vera Scott, 30921 Rayburn asked if developers are going to pave entire width of Rayburn. Mr. Robinson stated they are required to pave only their half. Mr. Harsha, Chairman of the Plat Committee stated all lots are proper size and that question of drain was discussed at the last meeting. Mr. Greene asked opinion of Plat Committee on streets siding on Merriman Road. Mr. Harsha stated Planning Consultant did not object to it. Mr. Kane referred to Section 20.01, Zoning Ordinance, No. 60 "....that all amendments to this ordinance or to such zoning map shall be made by ordinance; and, provided further, that in case a protest against a proposed amendment be presented, duly signed by the: owners of twenty precentum or more of the frontage proposed to be altered, or by the owners of twenty percentum or more of the frontage immediately in the rear thereof, or by the owners of twenty percentum of the frontage directly opposite the frontage proposed to be altered, such amendment shall not be passed except by the three-fourths vote of the Council...." Stated he could not see how this Commission can pass on it. Mr. Robinson stated Commission is not amending the Zoning Ordinance as this is a R-1 use in a RUF District. Mr. Robinson stated City recently authorized a six million dollar program which program was engineered on the expectation of R-1 density and would cost con- siderably more than if it had been engineered on RUF density. Upon a motion duly made by Mr. Kane and seconded by Mr. Walker, it was #7-245-56 RESOLVED that, pursuant to a Public Hearing having been held June 19, 1956, the City-Planning Commission does hereby deny approval to preliminary plat of Merri-Five Mile Subdivision located in the Southwest 1/4 of Section 14, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Superintendent of Schools, School Board President, Fire Department, Parks and Recreation Departriemt. Police Department and Members of the Plat Committee. A roll call vote on the foregoing resolution resulted in the following: AYES: Kane, Walker, Steinhoff and Miller NAYS: Greene, Harsha and Robinson 0141 The Chairman called a recess at approximately 9:05 p.m. The Chairman called the Public Hearing to order at approximately 9:20 p.m. with all present as named at the beginning and course of meeting except Mr. William N. Ponder, City Attorney. The secretary read letter dated July 9, 1956, from Marie W. Clark, City Clerk regarding City Council Resolution No. 447-56. Upon a motion duly made by Mr. Kane and seconded by Mr. Walker, it was #7-246-56 RESOLVED that, Resolution No. 7-245-56 be amended to read as follows: "RESOLVED that, pursuant to a Public Hearing having been Held June 19, 1956, the City Planning Commission does hereby deny approval to preliminary plat of Terri-Five Mile Sub- division located in the Southwest 1/4 of Section 14 because of Sections 20.01 and 3.05, Zoning toning Ordinance No. 60 and petition of protest duly signed by 20 percentum of owners of frontage directly opposite the frontage proposed to be altered, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments, as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Superintendent of Schools, School Board President, Fire Department, Police Department, Parks and Recreation Department and Members of the Plat Committee." Aroll call vote on the foregoing resolution resulted in the following: ayes; Kane, Walker, Steinhoff and Miller nays; Greene, Harsha and Robinson The secretary read Petition No. Z-170 by Arthur Pollack, Secretary, Fort Investment Company requesting that the zoning classification of Parcels 22Z3a4, 22Z3a5 and 22Z3a6 located on the East side of Brookfield Road approximately 875 feet North of Schoolcraft Road in the Southwest 1/4 Section 22 be changed from RUFB to R-1-B. The secretary also read letter dated June 19, 1956 from Calvin Roberts, Chief Livonia Fire Department. Mr. Arthur Pollack was present. Mr. Pollack stated property to the East is zoned R-1 and adjoins parcels in question. Requested petition be amended to read R-1-A instead of R-1-B. Upon a motion duly made by Mr. Kane, seconded by Mr. Steinhoff and unanimously carried, it was #7-247-56 RESOLVED that, City Panning Commission accept verbal request of Arthur Pollack to amend Petition Np. Z-170 by Fort Investment Company for change of zoning in the Southwest 1/4 of Section 22 from RUFB to R-1-B to read R-1-A instead of R-1-B. The Chairman declared the foregoing resolution adopted. One wrLo Mrs. Alvle Gentry, 14251 Brookfield stated there is more than 20% of property owners living across from area in question present tonight that would like petition denied. Mr. Robinson stated it is required that protest be in writing Mr. Holley stated those present have more than 10 acres combined whereas parcels in question total only 10 acres. Stated same reasons as on last petition apply in this case. Stated property owners on West side of Brookfield have 100' lots and it would be costly to them to pave road to its full width. Also, Wayne County Department of Health will not give permit for septic tank on a lot less than 1/2 acre. Councilman John Daugherty stated City has employed a Planning Consultant who on a number of occasions has based his objections on a spot zoning. Challenged anyone to point out a more specific illustration of spot zoning if this petition is approved. Every lot on the street, with the exception of two lots have 100' frontage or more. To establish a subdivision as proposed would be infringing on the existing property owners. Mr. Harsha stated from Brookfield to Hubbard Road it is all RUF and to the East there is R-1 area. Questioned whether this should be treated as extension of RUF or R-1. Upon a motion duly made by Mr. Miller and seconded by Yr. Kane, it was #7-248-56 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-170 as submitted by Arthur Pollack, Secretary Fort Investment Company for a change of zoning in the Southwest 1/4 of Section 22 from RUFB to R-1-A the City Planning Commission does hereby recommend to the City Council that Petition No. Z-170 be denied because requested change does not conform with existing use of land in area, and FURTHER RESOLVED. Notice of the above hearing was published in the official newspaper, The Livonian under date of June 21, 1956 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Tele- phone Company, The Consumer Power Company, City Departments and peitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Kane, Walker, Steinhoff and Miller NAYS: Greene, Harsha and Robinson The secretary read Petition No. Z-171 by Harold J. Rice, Attorney for Louis Gertzman, Joseph Jaffa and Alex Gordon requesting that the zoning classification of portion of Parcel 1422 located on the Northwest corner of the 9.42 acre parcel located on the Northwest corner of Middlebelt Road and Five Mile Road in the Southeast 1/4 of Section 14 be changed from RUFB to C-2. The secretary also read letter dated June 25, 1956 from Calvin Roberts, Chief Livonia Fire Department. Messrs. Harold J. �'Rice and Alex Gordon were present. Mr. Rice submitted for Commission's inspection a tentative sketch of the use of area if zoning is changed as requested. Mr. Steinhoff asked proposed width of greenbelt. Mr. Rice stated greenbelt will be whatever is required by Zoning Ordinance. Mr. Gordon stated they have allowed for a 351 service drive. Mr. Steinhoff asked whether an economic survey had been made taking into con- sideration anticipated shopping centers in area. Asked whether they feel density will be great enough to support shopping area. Mr. Rice stated they have contacted two major grocery, chains and they have shown an interest. Stated they would not be able to go into area now and put in a complete shopping center. Probably start with super market and drug store and add additional stores later. Wish to be prepared to expand as the needs of the community warrant it. Stated needs of the community is going to control where shopping centers will be located. Stated plot plan shows what center will probably be in the end. Mr. Walker stated if petition was granted, what part of the plan would petitioners immediately put into effect. Mr. Rice stated grocery store to start with and what after that he did not know. Mr. Walker stated then the petitioners are only definite on rezoning. Mr. Rice stated client must assure prople that he can give them what they want and they have to have off-street parking. Mr. Steinhoff asked whether they intended to place gas station on the corner. Mr. Gordon stated there are three stations on other corners and that the man who owns house owns gas stations. Stated a house is on the corner and they do not own it/ Mr. Greene questioned whether there is a proposed Jr. High School in area. Mr. Robinson stated site did not extend that far down. Mr. Kane asked what happens to house. Mr. Rice stated it is now zoned C-2 and they do not have control over it. Mr. Gordon stated house occupies 831 x 1261. Upon a motion duly made by Mr. Harsha, seconded by Mr. Greene and unanimously carried, it was #7249-56 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-171 as submitted by Harold J. Rice attorney for Louis Gertzman , Joseph Jaffa and Alex Gordon for a change of zoning in the Southeast 1/4 of Section 14 from RUFB to C-2 the City Planning Commission does hereby recommend to the City Council that Petition No. Z-171 be granted because it is a logical extension of existing C-2 area and this type of development is preferred to string development as laid out, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of June 21, 1956 and notice of which hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Tele- phone Company, The consumer Power Company, City Departments and peitioners as listed in the Proof of Service. agrzl The Chairman declared the foregoing resolution adopted. The secretary read Petition No. Z-173 by James D. and Doris E. McCuen request- ing that the zoning classification of Parcel 13DE25 located at 29220 Roycroft Road and situated on the North side of Roycroft Road approximately 200 feet East of Middlebelt Road in the Southwest 1/4 of Section 13 be changed from RUFB to C-2. The secretaryread letter dated June 29, 1956 from Calvin Roberts, Chief Livonia Fire Department. Mr. and Mrs. McCuen were present. Mr. McCuen stated the property in back and on Middlebelt Road is all C-2 and that parcel in question is an island in C-2 District. Mrs. McCuen stated they had a cinder block building with cement floor in mind. They will comply with all requirements. Mr. Kane asked if their home is on property. Mr. Walker asked how long they have operated such a use. Mr. McCuen stated home is on property and they have done insurance repair for six years. Mr. Walker asked whether request is for expansion or conformance to ordinance. Mrs. McCuen stated a little of both. Mr. Walker asked whether parcel extends East beyond line of C-2 and did it take in the full width of existing C-2 District. Mr. McCuen stated "yes" to both questions. Stated rezoning will square section off. Mr. Miller asked use of lot East of one in question. Mr. McCuen stated there is a residential home on lot. Mr. Greene asked whether home owner had any objection to change of zoning. Mr. McCuen stated he did not know. No one was present objecting to petition as presented. Upon a motion duly made by Mr. Greene, seconded by Mr. Steinhoff and unanimously carried, it was #7-250-56 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-173 as submitted by James D. and Doris E. McCuen for a change of zoning in the Southwest 1/4 of Section 13 from RUFB to C-2 the City Planning Commission does hereby recommend to the City Council that Petition No. Z-173 be granted because it is a logical extension of the existing C-2 District, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of June 21, 1956 and notice of which hearing was sent to The Detorit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumer Power Companny. City Departments and petitioners as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. 7 The secretary read Petition No. Z-174 by George D. Seyburn, East Detroit Housing, Inc. requesting that the zoning classification of Parcel 1611a located on the Northwest corner of Five Mile Road and Ashurst Road in the Southwest 1/4 of Section 16 be changed from AG-B to R-1-A. The secretary also read letter dated June 19, 1956 from Calvin Roberts, Chief Livonia Fire Department Mr. John Newell, representing petitioner was present. Mr. Greene stated Planning Consultant questions use of flood plain land which he considers unbuildable. No one was present objecting to petition as presented. Mr. Newell stated they do not intend to fill in flood plain land and submitted preliminary plat ofarea. Mr. Harsha stated without making a survey of the drainage, could not see how Commission could form judgment on petition. Mr. Robinson suggested matter be tabled in order to have City Engineer go over area and make a recommendation. Upon a motion duly made by Mr. Harsha, seconded by Mr. Steinhoff and unanimously carried, it was #7-251-56 RESOLVED that, Petition No. Z-174 by George D. Seyburn, East Detroit Housing, Inc. requesting change of zoning in the Southwest 1/4 of Section 16 from AG-B to 11-1-A be tabled and referred to City Engineer for study and report because it is necessary that the proper usage be made of flood land. The Chairman declared the foregoing resolution adopted. The secretary read Petition No. Z-175 by James S. Bonadeo requesting that the zoning classification of Parcel E-2b1,F1 located on the East side of Flamingo Avenue West of Henry Ruff Road approximately 250 feet North of Lyndon Avenue in the Northwest 1/4 of Section 23 be changed from RUFB to H-1-A. The secretary also read letter dated June 19, 1956 from Calvin Roberts, Chief Livonia Fire Department. Messrs. James Bonadeo and Norman Cohen, Attorney 828-30 Penobscot Building, Detroit, were present. Mr. Cohen stated preliminary plat shows 100' lots on Flamingo and anywhere from 80' to 100' lots on the interior of the proposed subdivision except for two lots which are 75'. Requested petition be tabled until July 17, 1956 at which time preliminary plat will be presented to commission. Several members of the adjoining civic association were present and stated he would appreciate hearing from them. Mr. Bonadeo stated the homes will be selling from$35,000 to $40,000 and will be on 13,500 square foot lots. Mr. Arthur Fisher, 30408 Hoy stated they are in the process of negotiating with petitioner and in his opinion there is no need for change of zoning. 4) Irani weo Mr. Cohen stated all lots are not required RUF size. Mr. Joseph Bradus, 30920 Lyndon (Schoolcraft Manor Association) stated he would like to see matter tabled. Upon a motion duly made by Mr. Greene, seconded by Mr. Miller and unanimously carried, it was #7-252-56 RESOLVED that, Petition No. Z-175 by James S. I3onadeo requesting change of zoning in the Northwest 1/4 of Section 23 from RUFB to R-1-A be tabled until July 17, 1956, in order to permit further discussion with property owners regarding proposed subdivision. The Chairman declared the foregoing resolution adopted. The secretary read Petition No. Z-177 by Nick Ligurs requesting that the zon- ing classification of Lots 7 and 8, Schoolcraft Acres Subdivision located on the East side of Farmington Road approximately 500 feet South of Schoolcraft Road in the N.rthwest 1/4 Section 27 be changed from RUFB to C-2. The secretary read letter dated June 25, 1956 from Calvin Roberts, Chief Livonia Fire Department. Mr. Nick Ligurs and Mr. Frank Bellman were present. Ar. Bellman stated they cannot get enough money to put a residence on property. Ur. Walker asked whether property adjoins C-2 District. hr. Denman stated it does not as there is one lot between this and C-2 District. Er. Walker asked width of lot. Mr. Bellman stated 100' x 100'. Mr. Kane asked location of lot in relation to greenhouse. Mr. Bellman stated their lot is second this side. No one was present objecting to petition. Upon a motion duly made by Mr. Steinhoff, seconded by Mr. Greene and unanimously carried, it was #7-253-56 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-177 as submitted by Nick Ligurs for a change of zoning in the Northwest 1/4 of Section 27 from RUFB to C-2 the City planning Commission does hereby recommend to the City Council that Petition No. Z-177 be granted because it concurs with existing area and trend seems to be towards extension of existing C-2 District, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of June 21, 1956, and notice of which hearing was sent to The Detroit adison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumer Power Company, City Depatments and petitioner as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted and called a recess at approximately 10:35 p.m. 3§71, The Chairman called the meeting to order at approximately 10:53 p.m. The secretary announced that the next item on the agenda was Petition No. Z-180 as initiated by the City Planning Commission on its own motion on the question whether or not Zoning Ordinance No. 60 should be amended by adding thereto Article 7.50 entitled "RU District Regulation". The secretary read Section 7.54 "Lot Areas". Mr. Robinson stated that according to the wording of this section, the minimum lot would be 25,000 feet which was not the intent of the Commission. Requested item be tabled and in the meantime the necessary correction can be made. Mr. Holley stated there are several lots in the City of Livonia that are 60' x 660' and that these lots would conform to all requirements of the proposed RU District except they won't have the necessary frontage. Mr. Robinson stated that this would be an individual problem. Mr. Holley stated proposed ordinance provides for professional people but does not provide for retired people who might wish to raise berries and sell surplus. Mr. Robinson stated that proposed zoning is not intended for such use. Mr. Milko asked what would be object of proposed ordinance. Mr. Robinson stated ordinance is protective measure for those purchasing property in an area with RU Zoning. Mr. Miller stated Commission cannot guarantee that proposed ordinance will hold water but is trying to establish another large home area especially in areas where it cannot be subdivided in a grid pattern. Mr. Fisher stated it was asked that Section 7.52 (a) be deleted because this is the loop-hole that is found in the existing RUF and R-1 Zoning District Regulations. The secretary read Section 5.02, Zoning Ordinance, No. 60. Mr. Snyder stated the big question tonight was "use" and "area". Mr. Milko suggested Section 7.52 (a) be deleted and those sections that appear in Section 5.02 typed into proposed RU Ordinance. Upon a motion duly made by Mr. Harsha, seconded by Mr. Kane and unanimously carried, it was #7-254-56 RESOLVED that, Petition No. Z-180 as initiated by the City Planning Commission on its own motion on the question whether or not Zoning Ordinance, No. 60 should be amended by adding thereto Article 7.50 entitled "RU District Regulations" be tabled until July 17, 1956. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the proposed West-Mor Subdivision located between Henry Ruff and Middlebelt Roads approxi- mately 2,000 feet North of Schoolcraft Road in the Southeast 1/4 of Section 322 23. The secretary read letters dated July 3, 1956 from Calvin Roberts, Chief , Livonia Fire Department; dated July 5, 1956 from Dennis J. Swift, Acting Chief, Livonia Police Departmemt; dated July 5, 1956 addressed to Acting Chief Dennis J. Swift from Patrolman Robert A. VanDyke, Livonia Police Department and dated July 6, 1956 from Donald Wilson, Chief Inspector. Messrs. Harold Gordon and Louis Begin, Gordon-Begin Investment Company were present. Mr. Gordon stated they met with the Schoolcraft Manor Civic Association and they do not have any objection to proposed subdivison. Mr. Walker asked whether proposed subdivision takes in area where pipeline is located. Mr. Gordon stated it did not in this subdivison. Mr. Harsha, Chairman of the Plat Committee stated lots are shallow and a number of lots are only 55 feet wide on the curved streets. Did not remember Commission approving 55 foot lots on a curved street as well as cul-de-sacs. Mr. Robinson referred to No. 14, Ordinance Requirement "Subdivison Booklet." Mr. Harsha suggested Plat Committee receive proposed plats sooner than they have been in order to have more time to study them. Mr. Steinhoff suggested Planning Consultant's recommendations be available before night of the meeting. Mr. Harsha referred to the completion of remaining half of Marion Drive as shown on proposed plat. Mr/ Gordon stated the other half is shown on the Lyndon Meadows Subdivison which was given tentative approval by the Commission at a recent meeting. Mr. Greene stated Consultant points out that Jacqueline and Maria Drives West of Beatrice have a rather indirect route to the proposed school site. Stated school site should be shown on the area plan. Stated area plan should also show the relationship of proposed West-Mor and proposed Har-Lo Subdivisions as well as the designated school site. It was established that Marion Drive should be renamed Oakview Avenue and Bella Drive should be renamed Melvin Avenue. Mr. Walker stated he would rather see lots 120 feet deep instead of 99 feet as shown on proposed plat. Iir. Gordon stated in their opinion they felt it was more advantageous to have wider lots. Mr. Greene stated in Chief Inspector's letter he requests front yards on 99t lots be held to a minimum of 25' set back. Mr. Gordon stated he discussed this with Chief Inspector and it was suggested that the house not be so large which was agreed. Mr. Harsha stated that from the developers standpoint it does cost more for the utilities, etc. they will have to put into subdivision. Mr. Robinson stated he personally would prefer a wider lot. No one was present objecting to subdivision. Mr. Bradus stated they have come to an agreement as to having a 40' set back on Lyndon Road and street directly South. Also that garages be attached to the house. Stated he would like to discuss possibility of having Lyndon closed from Middlebelt to Merriman roads to keep through traffic from using it, expecially race track traffic. Mr. Miller stated he did not feel that to change street at the end with jog will solve problem. Mr. Robinson stated Lyndon begins at Inkster Road and only goes to Farmington Road, therefore it will not be heavily traveled. Mr. Fisher stated Green Acres Civic Association also approves proposed plat. Upon a motion duly made by Mr. Kane, seconded by Mr. Miller and unanimously carried, it was #7-255-56 RESOLVED that, pursuant to a Public Hearing having been held The City Planning Commission does hereby give approval to preliminary plat of West-Mor Subdivision located between Henry Ruff and Middlebelt Roads approximately 2,000 feet North of Schoolcraft Road in the Southeast 1/4 of Section 23 subject to Marion and Bella Drives being changed to Oakview and Melvin Avenues to conform with adjoining subdivision street names said approval given because said subdivision conforms with surrounding area, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Superintendent of Schools, School Board President, Fire Department, Police Department, Parks and Recreation Department and Members of the Plat Committee. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the proposed Har-Lo Subdivision located on the North side of Schoolcraft Road approximately 1,300 feet East of Middlebelt Road in the Southwest 1/4 of Section 24. Messrs. Harold Gordon and Louis Begin, Gordon-Begin Investment Company were present. Mr. Gordon requested proposed subdivision be tabled in order to give them an opportunity to make necessary changes as suggested by Mr. Munson and Mr. Harsha. Mr. Harsha suggested a copy of Mr. Munson's recommendation be forwarded to petitioners. Upon a motion duly made by Mr. Harsha, seconded by Mr. Steinhoff and unanimously carried, it was 994 , ate y #7-256-56 RESOLVED that, proposed Har-Lo Subdivision located on the North side of Schoolcraft Road approximately 1,300 feet East of Middlebelt Road in the Southwest 1/4 of Section 24 be tabled. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the approval of final plat of Schulgren Subdivision located South of Ann Arbor Trail approxi- mately 300 feet East of Newburg Road in the West 1/2 of Section 32. The petitioner nor a representative was present. Councilman Peter A Ventura, 9106 Middlebelt Road stated that the City Council adopted resolution to pay part of the cost of the 12" water main on Joy Road. Mr. Greene asked City Attorney whether there is any technicality on the 30 days extension being up. Mr. Ponder stated in view of the fact petitioner requested extension it would be permissible to go beyond that time. Upon a motion duly made by Mr. Steinhoff, seconded by Mr. Walker and unanimously carried, it was #7-257-56 RESOLVED that, having met with all requirements final plat of Schulgren Subdivison located on the South side of Ann Arbor Trail approximately 300 feet East of Newburg Road in the West 1/2 of Section 32 is hereby given final 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 April 19, 1955; and it further appearing that said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Works under date of April 6, 1956 and it further appearing that a bond in the amount of 237,Q00 to cover the installation of improvements has been filed in the office of the City Clerk under date of June 1, 1956; such bond having been approved by the Asstt. City Attorney, Charles Pinto on June 27, 1956, it would therefore appear that all the 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 the final approval of Rosedale Gardens Subdivision, No. 16, located on the Southeast corner of Vermont and Woodring Avenues East of Farmington Road in the Southwest 1/4 of Section 34. Mr. W. W. Bleakley was present. Mr. Robinson asked if any changes have been made since preliminary plat was approved. Kr. Bleakley stated that the Fire Department asked the location of one fire hydrant be changed and one lot wasn't the required area. Stated the two corrections have been made. 131 ,, Upon a motion duly made by Mr. Greene, seconded by Mr. Harsha and unanimously carried, it was #7-258-56 RESOLVED that, having met with all requirements final plat of Rosedale Gardens Subdivision, No. 16, located on the South- east corner of Vermont and Woodring Avenues East of Farmington Road in the Southwest 1/4 of Section 34 is hereby given final 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 March 20, 1956, and it further appearing that said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Works under date of April 12, 1956, and it further appearing that a bond in the amount of 5225,000 to cover the installation of improvements has been filed in the office of the City Clerk under date of June 27, 1956; such bond having been approved by William N. Ponder, City Attorney on June 27, 1956, it would therefore appear that all the 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. Mr. Ponder stated as the Commission knows N. & R. Homes has filed necessary papers in court regarding Harrison Park Subdivision which Commission recently denied approval. Stated he has filed an answer to the matter that area should HAVE BEEN REZONED TO R-1 and submitted plat did not meet minimum requirements of the City of Livonia regulations. Asked Commission's feelings in regards to the Court testing Section 8.04, Zoning Ordinance, No. 60. If the court upheld under RUF he would have to submit a plat of 1/2 acre or have zoning changed. If in answer area having to be zoned R-1 was not inclueded as a reason for denial, petitioner could resubmit corrected plat and case would be thrown out of Court. Stated he would like to have Section 8.04, Zoning Ordinance, No. 60 tested. Upon a motion duly made by Mr. Walker and seconded by Mr. Harsha, it was #7-259-56 RESOLVED that, statement from the Livonian for $52 be approved and forwarded to the proper department for payment. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Kane, Walker, Steinhoff, Marsha, Robinson and Miller NAYS: None Upon a motion duly made by Mr. Walker and seconded by Yr. Greene, it was #7-260-56 RESOLVED that, minutes of meeting May 15, 1956, be approved subject to Resolutions No. 5-154-56 to 5-170-56 being renumbered to read No. 5-177-56 to 5-193-56. Zd A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Walker, Steinhoff, Robinson and Miller NAYS: None NOT VOTING: Kane and Harsha Upon a motion duly made by Mr. Miller and seconded by Mr. Harsha, it was #7-261-56 RESOLVED that, minutes of meeting June 5, 1956 be approved as received. A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Steinhoff, Harsha, Robinson and Miller NAYS: None NOT VOTING: Greene and Kane Mr. Steinhoff presented the matter of Beglinger operating a used car lot on Plymouth Road at an abandoned Mobil Gas Station. Stated he thought this should have approval of the Commission. It was established that there would be a Special Study Meeting Thursday, July 12, 1956 on the proposed RU Zoning District Regulations. The Committees for 1956-57 were appointed by the Chairman as follows: • Plat Committee: Master Plan Committee: "JI H. Paul Harsha, Chairman Robert L. Miller, Chairman Karle Steinhoff Robert L. Greene Daniel Lepo Leonard Kane Topsoil Committee: Charles Walker, Chairman Fred A. Lotz On a motion duly made by Mr. Kane, seconded by Mr. Greene and unanimously adopted this Public Hearing was duly adjourned at approximately 12:30 a. m., July 11, 1956. Ro.ert L. Miller, Secretary ATTESTED: :31 William R. Robinson, Chairman