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HomeMy WebLinkAboutPLANNING MINUTES 1956-07-17 13$3 3 27 MINUTES OF A PUBLIC HEARING AND THE 70TH REGULAR MEETING OF THE CITY PLANNING COMMISSION On July 17, 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 8:04 p.m. Members present: Robert L. Greene Leonard Kane H. Paul Harsha Daniel Lepo Charles Walker William R. Robinson Fred A. Lotz Karle Steinhoff Robert L. Miller Members absent: None Charles Pinto, Asst. City Attorney was present together with approximately 42 interested residents attending the Public Hearing and the Regular Meeting. The secretary announced that the first item on the agenda was the proposed Sleepy Hollow Estates Subdivision located West of River Bend Subdivision, No. 2 approximately 225 feet South of Hathaway Avenue in the Southeast 1/4 of Section 33. The secretary read letters dated July 12, 1956 from Calvin Roberts, Chief Livonia Fire Department; dated July 13, 1956 from Donald Wilson, Chief Inspector; dated July 12, 1956 from Dennis J. Swift, Acting Police Chief; dated July 11, 1956 addressed to Acting Chief Dennis J. Swift from Patrolman Robert A. Van Dyke, Traffic Bureau and dated April 2, 1956 from Benton Yates, Supt., Livonia Public Schools. Mr. Roy McGlothin was present. Mr. McGlothin stated that the so-called dead-end street, Sleepy Hollow, was deliberately planned so thatland adjacent to the West and not submitted in proposed plat can be platted in the future. Mr. Harsha stated dead-end streets are something Commission has always been opposed to; however only three lots are affected. Layout is beautiful except for dead-end street. With three lots affected it isn't too bad, as there is turn around in cul-de-sac. Mr. Robinson stated there should be another ingress and egress. Mr. Harsha asked why there should be with only 23 homes/ Mr. Lepo asked Mr. McGlothin whether it would be too difficult to consider putting cul-de-sac on the Westerly end in order not to have dead end street. Mr. Robinson stated then he would not be able to Connect with adjoining property: Mr. Greene remined Commission that week or two ago in a proposed plat there was a dead end street and Commission requested subdivider make temporary turn around. Wouldn't be necessary in this proposed plat. Leaving it as is the property owner to the West can join in. Area map shows only one street, (Cindy) coming into area. Mr. Walker asked Mr. McGlothin whether it was his intention that cul-de-sac as shown be temporary pending Sleepy Hollow going through to Stark Road. Mr. McGlothin stated cul-de-sac would be permanent and pave. Mr. Walker asked whether Mr. McGlothin had discussed proposed subdivision with School Board. Mr. McGlothin stated he discussed it with Mr. Benton Yates, Supt. and that he would be willing to go along with anything subdividers in area decide to do. Have 28 lots and proportionately to what other builders do he will go along too. Mr. Robinson asked width of easement in back of parcels adjoining parkway. Mr. McGlothin stated The Detroit Edison Company requested 6t easement on original plat submitted to them. Will submit revised plat as submitted to Commission tonight for their recommendation as it is a little different. Mr. Robinson wondered whether or not 61 easement would be adequate for sewer. Mr. McGlothin stated he had no objection to a 12' easement if the Commission so desires. The secretary reread letter dated July 12, 1956 from Calvin Roberts, Chief Livonia Fire Department as requested by Mr. Greene. Mr. Robinson asked if existing home shown on proposed plat is model house. Mr. McGlothin stated property owner lives there at the present time although he has no ingress or egress to property. The property owner was present and had no comment to make. Mr. Steinhoff asked the turning radius of cul-de-sac. Mr. McGlothin stated 100/ diameter. :31 No one was present objecting to proposed plat. Upon a motion duly made by Mr. Greene, seconded by Mr. Steinhoff and unanimously carried, it was #7-262-56 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby give approval to pre- liminary plat of Sleepy Hollow Estates Subdivision located West of River Rend Subdivision, No. 2 approximately 225 feet South of Hathaway Avenue in the Southeast 1/4 of Section 33 because the lots seem to be of ample size and apparently fit the surrounding developed and undeveloped land for satisfactory traffic circulation, 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, Supt. of Schools, School Board President, Fire Department, Police Department and Aembers of the Plat Committee. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the proposed Bonnydale Subdivision located on the East side of Flar_ingo Avenue approximately 250 feet North of Lyndon Avenue in the Northwest 1/4 of Section 23. 11385 9 9 The secretary read letters dated July 11, 1956 from Calvin Roberts, Chief Livonia Fire Department; dated July 12, 1956 from Dennis J. Swift, Acting Police Chief; dated July 11, 1956 from Robert A VanDyke, Patrolman, Traffic Bureau addressed to Acting Chief Dennis J. Swift; dated July 13, 1956, from Donald Wilson, Chief Inspector and dated July 11, 1956 from Norman J. Cohen, Attorney for James S. Bonadeo; Messrs. James S. Bonadeo and Norman J. Cohen, Attorney, 828-30 Penobscot Building, Detroit, were present. Mr. Cohen stated as a result of a compromise client has made certain amendments to the alternate plat submitted. Submitted compromise alternate plan which is the same as alternate plan except the size of some of the lot lines have been changed to compromise with request of the civic association. In all drawings the street pattern remains the same, the net effect that all lots are aminimuinof 801 in width. The Secretapyread recommendation dated July 13, 1956 from Albe Munson, Planning Consultant. Mr. Harsha remarked that when driving, coming in from Henry Ruff Road the curve is very sharp. One may see children and one may not - curve will slow traffic which is a good thing but with less curve it makes it better to see. Cutting off 1701 lot and spreading it on other side of street there will not be such a sharp curve. Mr. Greene asked which plan petitioners want Commission to consider. Mr. Cohen stated plan dated July 12, 1956. Mr. Greene stated then in effect they are taking advantage of RU Zoning. Mr. Harsha stated notation on proposed plat states streets will be asphalt paved rather than concrete. Informed petitioner Commission has little to say about what kind of paving is used. Mr. Cohen stated they will withdraw issue of asphalt paving at this time but that Commission is still to consider plat dated July 12, 1956. Mr. Robinson stated that natter of paving will be up to the City Council. Mr. Cohen stated he just wanted matter of paving to be a matter of record. Mr. Harold Crout, 30425 Lyndon, Schoolcraft Manor Civic Association, stated proposed plat meets with their conditions. Questioned set back on Flamingo. A set back of 351 to 401 has been established and wanted to know if Bonnydale Subdivision will maintain same set back. Mr. Harsha asked whether set back is established by private restrictions. Mr. Crout stated this is according to subdivision restrictions. Mr. Bonadeo stated they will go along with existing set back. Mr. Crout stated they have no objection to asphalt paving and no sidewalks. Mr. Arthur Fisher, 30483 Hoy, Green Acres Civic Asspciation stated they have tentative agreement that they will asphalt streets in order to conform with neighborhood on both sides and make whole subdivision look like one community. Mr. Crout stated atthe meeting it had been agreed that they would have garages attached to homes. Mr. Robinson stated City would not have control over that. Mr. Joseph Bradus, 30920 Lyndon asked about drain that runs through property. Mr. Robinson stated existing drain is not shown on proposed plat. Mr. Cohen stated latest information they have on Bell Drain No. 2 is that it is now under study by the drain office. Understand drain will be enclosed from Merriman to Inkster Roads. Statedckmin is shown on original plan but not on the plan dated July 12, 1956. Mr. Crout stated if petitioner does not agree that the garages will be attached association will not agree to subdivision. Stated that that was part of agreement during meeting. Mr. Bradus stated if and when garages are built. Mr. Crout stated they do not mean that they have to build garages with houses. Mr. Omhen stated that when they prepare building use restrictions they will be happy to invite associations to meeting and listen to comments at that time. Mr. Greene asked whether petitioner would be willing to go along with Planning Consultant's recommendation of making curve a little less sharp. Mr. Cohen stated according to Master Thoroughfare Plan, Bonnydale Drive goes nowhere. It is a short street and its entire length is a s shown on plat. Doubted if it will encourage too much traffic. Mr. Greene stated street goes nowhere now but it might go somewhere later. Mr. Cohen stated on the East side of Henry Ruff Road there is a school and park site which will adjoin Bonnydale and Nye Roads and doubted if there would be a road going through park and school sites. Mr. Bonadeo stated the curve could be altered. Mr. Cohen asked if Commission would have in recommendation degree of change. Mr. Greene stated that that is a matter of judgment. Mr. Miller suggested lots be divided so that they would be equal on each side. Mr. Harsha stated if lots are shorter the start of curve would be more sharp in another place. What would be gained is hard to say. Mr. Cohen stated if depth of lots on West side are increased the property line is going to be reduced below 80'. Yr. Robinson stated that that will not have anything to do with the approval of the Commission. Mr. Cohen stated that that is true but that they feel obligation to their prospective neighbors. 13874 " Mr. Kane stated he could not see value of changing curve as there are only half a dozen homes there. The general opinion was that Commission would go alo'g with curve as shown on July 12, 1956 plat. Mr. Greene made it clear that whether or not Commission approves plat does not mean it approves or disapproves asphalt paving and Commission is assuming that paving will be concrete unless otherwise informed. Mr. Cohen stated in the event the City Council denys request for asphalt paving, they will reopen case and submit new plat. Mr. Lotz stated the easements as shown are not marked as easements on plat dated July 12, 1956. Mr. Cohen stated in letter dated June 2$, 1956, from Burton Warner, Warner & Warner remark is made that easements were approved by the Detroit Edison Co. Mr. Robinson stated on the final plat they should be shown as easements. Also drain is not shown on preliminary plat. Mr. Bradus asked whether he is going to close drain. Mr. Robinson stated it is shown as closed on another copy of plat. Upon a motion duly made by Mr. Kane, seconded by Mr. Walker and unanimously carried, it was #7-263-56 RESOLVED that, because proposed subdivision conforms to adjoining property and pursuant to a Public Hearing having been held the City Planning Commission does hereby give approval to preliminary plat of Bonnydale Subdivision located on the East side of Flamingo Avenue approximately 250 feet North of Lyndon Avenue in the Northwest 1/4 of Section 23 subject to location of drain being shown on plat, drain being enclosed and that easements be noted on plat as such, 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. Upon a motion duly made by Mr. Kane, seconded by Mr. Harsha and unanimously carried, it was #7-264-56 RESOLVED that, City Planning Commission does hereby recind Resolution No. 7-263-56. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Kane, seconded by Mr. Walker and unanimously carried, it was rr7-z65-56 RESOLVED that, because proposed subdivision conforms to adjoining property and pursuant to a Public Hearing having been held the City Planning Commission does hereby give approval to preliminary plat of Bonnydale Subdivision located on the East side of Flamingo Avenue approximately 250 feet North of Lyndon Avenue in the Northwest 1/4 of Section 23 subject to location of drain being shown on plat, drain being encloses, easements being noted on plat as such and approval does not necessarily approve the use of asphalt, and FURTHER RESOLVED, notice of the above hearing was sent to abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat to- gether with notice having been sent to the Building Department, Superintendent of Schools, School Board President, Fire Department, Parks and Recreation Department, Police 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 Algonquin Park Subdivision located on the N rthwest corner of Middlebelt Road and Lyndon Road in the Northeast 1/4 o? Section 23. The secretary read letters dated July 13, 1956 from Donald Wilson, Chief Inspector and dated July 13, 1956, from Calvin Roberts, Chief Livonia Fire Department. Messrs. Jack Coleman and Eugene Musial were present. Mr. Arthur Fisher, 30408 Hoy submitted petition signed by eleven adjacent property owners objecting to proposed plat. The secretary read petition as submitted by Mr. Fisher. Mr. Musial stated proposed plat will conform with subdivision directly South (West-Mor Subdivision) which was approved by Commission last week. Lots in this subdivision are 751 x 991 which is a minimum lot. Met with property owners to the North and agreed to compromise on perimeter lots. Lots will be 66' x 115'. Depth of lots in West-Nor Subdivision is 991; therefore in order to conform to minimum requirement of ordinance subdivider had to make lots 751. Mr. Coleman stated in his opinion 75' x 99' is not as well planned as 66' x 115'. Mr. Musial stated he discussed plat with Mr. Yates and that it was his (Mr. Yates) thinking that Oakley should be moved South three lots thereby giving access to school only. Mr. Miller stated Mr. Yates was present at 7:40 p.m. and that his recommendation to him was that Oakley not be allowed to exist but that two 301 walk ways be pro- vided at Barkley and Linda to give access to the school and park sites. 130 33 Mr. Harsha stated proposed walk ways would take same amount of space. Mr. Lotz asked why Beatrice jogs in two places. Mr. Musial stated this was done to discourage through traffic. Mr. Harsha stated Linda appears to line up with the existing street named Jamison. Mr. Musial stated if Linda lines up with Jamison, they will change name of street. Mr. Steinhoff asked what they intended to do with storm water. Mr. Musial stated they intend to do same as subdivision to the South. Mr. Coleman stated they attended meeting with Messrs. Jesse Ziegler, Dave Meinzinger, Councilman Peter A. Ventura and Christopher J. Muller regarding Bell and Blue Drains. Subdivision will follow pattern of entire area in regards to drain. Mr. Walker asked whether they have altered some of the parcels shown. Mr. Musial stated they had agreed to alter some of the perimeter lots. Received call that it was not agreeable to people. Mr. Lotz stated Commission had adopted resolution whereby lots would back on main highway. Mr. Harsha read recommendation dated July 13, 1956 from Albe Munson, Planning Consultant. Mr. Coleman stated they wanted to back to Middlebelt Road but were not successful. Mr. Miller stated along Middlebelt Road there are homes fronting and backing to road and now there will be homes siding to road. Mr. Musial stated homes in West-Mor Subdivision side to Middlebelt Road and that they follow their pattern. Mr. Greene asked Mr. Fisher to be more specific as to their reason for objecting to subdivision plat. Mr. Fisher cited Sections 17.05, 2.01, 8.02, 4.06 Zoning Ordinance, No. 60 and stated proposed plat is injurious to the surrounding neighborhood. Have met with three of five subdividers of undeveloped land and have come to compromise agreement with all three. Have met with petitioner and asked them to submit comparable subdivision to those submitted. A buffer of 115' is not enough and would be deterimental to neighborhood. A Portion of area is zoned C-2. Stated by petitioner's at meeting that homes would be valued at $15,000. If we are going to have pattern and going through approval to try to have planned area and someone is allowed tocome in and upset pattern that will be injurious. Association does not object to 60' lots if there is a buffer of larger lots. Petition submitted is 200 of property owners of land directly in rear of frontage to be altered. Mr. Coleman stated they have agreed to make lots wider on Lyndon and Linda boundaries, subdivision conforms to subdivision to the South and homes will sell for $17,500 and f720,000. Subdivision meets zoning Ordinance requirements. +t 1+ l�Id Mr. Greene stated in his opinion it is a very uninteresting subdivision be- cause of grid iron layout and would like to see amiable agreement between owners and neighbors. Mr. Coleman stated school district and Park and Recreation Department are taking 20 acres for school and park purposes, there is a sewer connection tap in charge, a drain charge and add all things together and there cannot be 75' and 90' lots. Have been working on subdivision for over a year. Mr. Walker stated Commission has approved three subdivision in area all of which had approval of civic associations. Now we are approaching fourth builder and there is no compromise. This is a high density area and with this large an area there could be a compromise that would be in better planning of area. Also Consultant's recommendation of four streets running into Middle- belt Road. Mr. Miller stated there are several streets coming out onto Middlebelt in other proposed subdivision. Mr. Lotz asked if F.H.A. was totally opposed to houses backing onto Middlebelt. Mr. Harold Crout, Schoolcraft Manor Civic Association stated they object to subdivision. Other builders have agreed to build on large lots whereas these builders feel they cannot afford to. Mr. Robinson stated they are not necessarily all large lots. Mr. Crout stated they do not want 100' lots - would like it but know they cannot get them. Mr. Charles Pollack, 30505 Hoy stated when they purchased property it was zoned RUF and that this Body and City Council turned down lots less than 1/2 acre in RUF Districts. Mr. Fisher stated a buffer strip is more than 115'. Mr. Harsha stated this isn't the first time people have been before Commission; think the homes these people have in mind are as good as the homes on the adjoining property. Questioned whether a 40' lot isn't better than a 1/2 acre not being kept up and in weeds, as some of them are in adjoining area. Mr. Fisher stated they cannot control absentee owners and that Mr. Harsha's statement is unjust. Stated one owner (moved in last fall) is trying to get drive-way in and excavation is held up because builder did not carry through agreement. Mr. Burgess (onwer of 500' lot) stated he will have five or six lots running directly into his lots where his home is located. Mr. Bradus stated petitioner is being compensated for land to be used for school and park purposes. Mr. Robinson asked whether drain will be enclosed. Mr. Coleman stated in the subdivision it will be enclosed. 1391 3e Mr. Bradus stated it should not be the concern of the City of Livonia how petitioner finances his property. If they cannot get F.H.A. they can get conventional and that I:r. Bonadeo (Bonnydale Subdivision) is getting conventional loans. Believed that if Mr. Coleman met again with civic association some agreement could be arrived at so that they will have the good will of the people in area. Mr. Coleman stated arrangements had been made regarding school site sometime ago. Mr. Musial stated if lots weren't 75' in :'gest-Dior Subdivision, subdivider would have had to eliminate one street. Asked where compromise was there. Mr. Marsha stated in his opinion it is not good planning to have small lots next to large lots. Mr. Coleman stated they agreed that entire North boundary and South boundary (Linda and Lyndon) would be 75' lots with $0' lots on corners. Four lots (10 through 13) will remain as shown on plat as they are in C-2 area. Mr. Marsha stated he did not think 75' lots were big enough and that he would like to see more from Consultant and that he has not given Commission as much information as he could. Messrs. Warren (30235 Hoy) and Wall objected to proposed plat. Mr. Greene stated he did not like four streets running into Middlebelt Road regardless of F.H.A. Suggested petitioner ignore F.H.A. and went to conven- tional loan. Mr. Musial stated he offered that in his discussion with F.H.A. and that if plat was submitted to them with lots backing to Middlebelt Road they would not accept subdivision. Mr. Greene suggested subdivision be split. Upon a motion duly made by Mr. Walker, seconded by Mr. Greene and unanimously carried, it was • #7-266-56 RESOLVED that, proposed Algonquin Park Subdivision located on the Northwest corner of Middlebelt Road and Lyndon Road in the Northeast 1/4 of Section 23 be tabled, because, (1) Commission feels that four streets entering into Middlebelt Road is objectionable, (2) Commission should have more definite information on Oakley as discussed with School Board, and (3) Commission feels that the size lots in this plan are not large enough to be well planned with the adjoining lot sizes. The Chairman declared the foregoing resolution adopted and called a recess at approximately 10:01 p.m. The Chairman called the Public Hearing to order at approximately 10:25 p.m. with all present as named at the beginning and course of meeting. Upon a motion duly made by Mr. Lepo, seconded by Yr. Lotz, and unanimously carried, it was 336 z`7-267-56 RESOLVED that, Public Hearing be adjourned. The Chairman declared the foregoing resolution adopted and called the 70th Regular Meeting to order. The secretary stated that the first 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 Regulations. The secretary read suggested correction to Section 7.54. No one was present opposed to petition as presented. Mr. Lepo read recommendation dated July 6, 1956, as submitted by Albe Munson, Planning Consultant, regarding utility and development requirements. Mr. Robinson stated he believed Commission should direct that statement to the City Council when proposed amendment is submitted as he did not believe Commission could act on that. Upon a motion duly made by Mr. Greene, seconded by Mr. Steinhoff, and unanimously carried, it was 77-268-56 RESOLVED that, because there is a definite need in Livonia today for a new type of residential zone that permits the development of homesites larger than R-1 but not as spacious as RUF, because the City Planning Commission feels that this proposed RU Zoning will be particularly suitable for use in wooded areas or on land with rough or scenic topography, because the City Planning Commission feels that this new RU Zoning will also serve as a buffer between existing R-1 areas and RUF areas, and will help protect property values, because the City Planning Commission believes that this proposed RU Zoning will lend itself to the development of neigh- borhoods more "open" in character (as opposed to heavy-density R-1 areas) with higher priced homes on larger lots, in keeping with today's trend toward spaciousness in suburban living and pursuant to a Public Hearing having been held on July 10, 1956, on 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 the following article: ARTICLE 7.50 R-U District Regulations SECTION 7.51 Application of Article - The regulations set forth in this article shall apply in all RU Districts. SECTION 7.52 Uses Permitted - In all RU Districts no building or land, except as otherwise provided in this ordinance, shall be erected or used except for one or more of the following specified uses: 139399E e`9 t� (a) All uses in R-1 Districts as specified in Article 5.00, Section 5.02. (b) Professional offices and customary home occupations, such as dentists and physicians offices, dance and music schools or dressmaking, may be allowed by approval of the City Planning Commission with limitations so that the occupa- tion is clearly an accessory to the permissive use, and the residential character of the ex- terior of the dwelling is not changed. (c) Display-Display of signs limited to information rather than advertising shall be not more than one (I) square foot placed not less than thirty (30) feet from the street right-of-way line. (d) Employment - Each home occupation and office shall have not more than one (1) employee other than members of the immediate family. SECTION 7.53 Building Height - No building hereafter erected or altered in RU Districts shall exceed thirty-five (35) feet in height or two (2) stories, except as provided in Sections 4.41 to 4.44, inclusive, of this ordinance. SECTION 7.54 Lot Area - Every lot in RU Districts shall have a minimum of 15,000 square feet area and shall have an average width of not less than one-fourth (1/4) the average depth, provided that no lot shall have a width of less than 80 feet at the property line. Any lot of record at the time of adoption of this amendment which is of lesser area than the specifications herein provided, and which cannot meet the requirements of area, side yards, front yard, and/or rear yard, -shall otherwise comply with all the requirements of the R-1 District. SECTION 7.55 Percentage of Lot Coverage - One-family dwell- ing, together with accessory buildings, hereafter erected on any lot in RU Districts, shall not cover more than twenty (20) percent of the area of lot, provided, that this requirement shall not apply to any lot which at the time this ordinance becomes effective is lesser in area than the specifications herein provided if such lot was of record at the time of the adoption of this ordinance. SECTION 7.56 Front Yard - Each lot in RU Districts shall have a front yard not less than forty (40) feet in depth. SECTION 7.57 Side Yards in General - All lots in RU District shall have two (2) side yards, each having a width not less than ten (10 feet and the aggregate width of both side yards shall not be less than twenty-five (25) feet. 338 SECTION 7.58 - Side Yards abutting Upon Street - Houses on corner lots shall front on both streets, with houses not less than forty (40) feet from the street right-of-way line. SECTION 7.59 Rear Yards - Each lot in RU Districts shall have a rear yard of a depth of not less than fifty (50) feet. SECTION 7.60 Off-Street Parking Facilities - Off-street parking facilities shall be provided as hereinbefore specified in Article 4.00, Section 4.37 to 4.40 inclusive of the City of Livonia Zoning Ordinance. The City Planning Commission does hereby recommend to the City Council that Petition No. Z-180 be granted, subject to Section 7.54 being corrected to read: SECTION 7.54 Lot Area - Every lot in 2U Districts shall have a minimum of 15,000 square feet area and shall have an average depth of no greater than four (4) times its average width and further provided that no lot shall have a width of less than 80 feet at the property line. Any lot of record at the time of adoption of this amendment which is of lesser area than the specifications herein provide, and which cannot meet the requirements of area, side yards, front yard, and/or rear yard,--shall otherwise comply with all the requirements of the R-1 District. 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 Telephone Company, The Consumer Power Company and City Departments as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Petition No. Z-175 by James S. Bonadeo, requesting that the zoning classification of Parcel E2b1,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 R-1-A. The petitioner nor a representative was present/ Pr. Robinson suggested that petition be granted because that is the use of the area and in 2-1-A there is control of size of home to be built, whereas in RUFB the home could be 800 square feet. Mr. Walker stated when Commission approves preliminary plat, Commission does not know what size home is to be built. 1395 vet Mr. Greene asked whether that is a weak point in the present system. Mr. Harsha stated builders have made verbal statements of the value of homes. Yr. Pinto stated he did not know whether or not Mr. Ponder is cognizant of the difficulty encountered now but that he was sure that it had entered into his consideration. Mr. Robinson suggested legal opinion be obtained. Yr. Harsha asked what City Attorney can do. It is a legal loophole. Yr. Pinto stated there is no law which would apply but that it is a procedure that should be set up by the City Planning Commission. Mr. Steinhoff stated opinion was made on the Ordinance as it is written. Yr. Harsha stated Commission can change its procedure to include that in resolution approving preliminary plat. Mr. Pinto suggested having information submitted by petitioner. Yr. Lotz suggested adoptipn of resolution saying that any R-1 uses made in RUF become R-L-A. Mr. Robinson suggested changing procedure to request subdivider to specify type and size of home. Mr. Marsha stated he did not think Commission had to do anything at this time but keep it in mind. At the time preliminary plat is approved that it be included in motion that this is to be R-1-A or R-1-B use without resolution now. Mr. Crout stated if Commission approves Petition No. Z-175, then Er. Bonadeo could destroy last plan and come up with another plat that could be 60' lots. Mr. Robinson stated Mr. Bonadeo could do that now. Upon a motion duly made by Mr. Harsha, seconded by Mr. Miller and unanimously carried, it was #7-269-56 RESOLVED that, City Planning Conrission proceed with order of business. The Chairman declared the foregoing resolution adopted. Upon a motion duly rade by Mr. Lepo, seconded by Mr. Filler and unanimously carried, it was #7-270-56 RESOLVED that, pursuant to a Public Hearing having been held on July 10, 1956, on Petition No. Z-175, as submitted by James S. Bonadeo for a change of zoning in the Northwest 1/4 of Section 23 from RUFB to R-1-A, the City Planning Commission does hereby el A recommend to the City Council that Petition No. Z-175 be granted because area will conform with use to which land is platted, 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 Telephone Company, The Consumer Power Company, City Departments, and petitioner as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary read letter dated July 6, 1956, from Charles J. Pinto, Assft. City Attorney, regarding whether or not signs over 35-square feet, located in a M-1 District, require approval of the City Planning Commission, as re- quested June 19, 1956, under Resolution No. 6-21.0-56. Mr. Steinhoff stated there is nothing Commission can do about signs where a permit has been issued. Referred to Sibley Lumber Company and Merchandise Mart. Mr. Harsha stated if that is the law now, that was the law then, and they are in violation. Mr, Walker stated at one time the Building Department was approving signs 35-square feet on a temporary permit and the temporary permit ran out into a permanent permit. Mr. Harsha informed Commission that Fisher Body is some 28' beyond line they should maintain. Commission is not expected to police these things. Mr. Lepo asked how Commission can prevent any further issuance of permits. Suggested copy of letter be forwarded to Building Department. Upon a motion duly made by Mr. Walker, seconded by Mr. Lepo and unanimously carried, it was Y7-271-56 RESOLVED that, City Planning Commission recommends that copy of letter, dated July 6, 1956, regarding signs over 35-square feet located in an M-1 District, from. Charles J. Pinto, Asst. City Attorney, be forwarded to the Building Department. The Chairman declared the foregoing resolution adopted. Mr. Greene asked about existing cases and whether Commission should ask Attorney about them. Mr. Robinson stated that if there are any flagrant violations, then Commission should take care of them. Upon a motion duly made by Mr. Greene, seconded by Mr. Steinhoff and unanimously carried, it was #7-272-56 RESOLVED that, City Planning Commission request opinion from Asst. City Attorney regarding recent existing violations of signs over 35- Lquare feet located in an M-1 District (Sibley Lumber Company and Merchandise Mart). 13973341 The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Petition No. Z-141, as initiated by the City Planning Commission on its own motion on the question whether or not the zoning classification of Parcels 35Gla and 35G1b, located between Sunset Avenue and Heng Ruff Roads and between Robert Avenue and '°lest Chicago Road in the N rthwest 1/4 of Section 35, be changed from M!-1 to R-1-A. The secretary read letter dated July 5, 1956, from Charles J. Pinto, Ass't. City Attorney. Upon a motion duly made by Kr. ,Miller, seconded by Yr. Lotz and unanimously carried, it was `7-273-56 RESOLVED that, pursuant to a Public Hearing having been held on January 3, 1956, on Petition No. Z-1L1, as initiated by the City Planning Commission on the question whether or not the zoning classification in the Northwest 1/4 of Section 35 should be changed from M-1 to R-1-A, the City Planning Commission does hereby recommend to the City Council that Petition No. Z-141 be granted to eliminate spot zoning and in accord with Asst. City Attorney's opinion dated July 5, 1956, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of December 15, 1956, and notice of which hearing was sent to The Detroit Edison Company,;Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumer Power Company and City Departments as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the recommen- dation dated April 30, 1956 from Albe Munson, Planning Consultant, re- garding Residential Zoning Classifications. #7-274-56 RESOLVED that, City Planning Commission approve recommendation dated April 30, 1956, by Albe Munson, Planning Consultant, regarding Residential Zoning Classifications, because of the ambiguous statements in the present Zoning Ordinance that should be clarified so that a new land use cannot be interspersed in an existing zone without the benefit of a Public Hearing for the protection of the residents of such districts. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Er. Lotz, seconded by Mr. Miller and unanimously carried, it was • `7-275-56 RESOLVED that, minutes of meeting, June 19, 1956, be approved as received. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Steinhoff and seconded by Mr. Miller, it was 04 2 /,7-276-56 RESOLVED that, inter-departmental transfer No. 979 for q07.0 be approved and forwarded to the proper department for payment. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, Lepo, Lotz, Kane, Walker, Marsha, Steinhoff, Robinson and Miller NAYS: None Upon a motion duly made by Mr. Walker and seconded by Mr. Kane, it was 7-277-56 RESOLVED that, statements dated July 1, 1956, from Albe Munson, Planning Consultant, for X51.40 and <`r239.42 be approved and forwarded to proper department for payment. A roll call vote on the foregoing resolution resulted in the following: AYES: Greene, llepo, Kane, Lotz, Walker, Harsha, Steinhoff, Robinson and Miller MAYS: None It was ascertained that there would be a meeting September 11 and September 18 instead of September 4 and September 18. Upon a motion duly made by Yr. Miller, seconded by 111.r Kane and unanimously carried, it was 47-275-56 : SOLVED that, City Planning Commission's agenda be prepared and given to members of Commission one week before meeting. The Chairman declared the foregoing resolution adopted. Messrs. Robinson and-Lotz informed Commission that they had attended the Court hearing on the Drive-In-Theatre question and that as far as case has gone it• looks good for the City and that it is expected to be over tomorrow, July 15, 1956. Mr. Robinson stated he looked into matter of used car lot on Plymouth Road and that he was informed that it is an accessory use just like Bill Brown, Inc., and Tennyson. Mr. Steinhoff stated his dealership is located in Plymouth. Mr. Robinson stated apparently he also has dealership in building. Mr. Marsha stated that that is a loop-hole in Ordinance, as any dealer in any town could put up dealership and sell used cars. Mr. Robinson agreed that he does not have a showroom. Mr. Steinhoff asked how Commission could pursue natter further. Mr. Robinson suggested Mr. Steinhoff discuss matter with City Attorney. 1399 Upon a motion duly made by Mr. Harsha, seconded by Mr. Lepo and unanimously carried, it was #7-279-56 RESOLVED that, matter of used car lot, located 36525 Plymouth Road, be called to attention of Asstt. City Attorney with request that letter be written as to whether or not they are proceeding legally in their business and if they are, what measure Commission can take to stop such actions in the future. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Lotz, seconded by Mr. Greene and unanimously adopted, this 70th Regular Meeting was duly adjourned at approximately 11:31 p.m., July 17, 1956. • Robert L. Miller, Secre ary ATTESTED: William R. Robinson, Chairman