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HomeMy WebLinkAboutPLANNING MINUTES 1956-09-11 MINUTES OF A PUBLIC HEARING OF THE CITY PLANNING COMMISSION On September 11, 1956, the above meeting was held by the City Planning Commission of the City of Livonia at the City Hall, 33001 Five Mile Road Livonia, Michigan. Robert L. Miller presided as Chairman pro tem in the absence of William R. Robinson. Fred A. Lotz presided as Secretary pro tem. Chairman Robert L. Miller called the Public Hearing to order at approximately 8:03 p.m. Members present: Daniel Lepo Leonard Kane Charles Walker Robert L. Greene Karle Steinhoff Fred A. Lotz Robert L. Miller Members absent: *William R. Robinson H. Paul Harsha Lieutenant Bob Perry, Livonia Fire Department was present together with approxi- mately 75 interested residents attending the public hearing. The secretary announced that the first item on the agenda was Petition M-22 by Kenneth N. Morrison, Chairman, Building Committee, Elizabeth Ward Memorial Presbyterian Church requesting permission to use Parcel 15Dlal for church purposes and erect necessary buildings for such use located on the Southeast corner of Farmington and Six Mile Roads in the Northwest 1/4 of Section 15 The secretary read letters dated August 30, 1956 from Calvin Roberts, Chief Livonia Fire Department and dated July 17, 1956 from J. L. Welmeyer, Engineer of Traffic and Safety, Wayne County Road Commissioners. Mr. Kenneth Morrison was present. Mr. Morrison stated parcel includes 8.9 acres which they feel is sufficient for their needs for church purposes. Mr. Charles Pinto, Asst. City Attorney arrived at approximately 8:07 p.m. Mr. Morrison stated they will build church in three stages: (1) Chapel, (2) Youth Building and (3) Sanctuary. It is their feeling that use will not be injurious to surrounding property values. At present membership includes 1,600 members meeting at the Lincoln School. No one was present objecting to petition. Mr. Morrison stated a Mr. Gunderson has convassed neighborhood and that residents are familiar with what will be done. Existing C-1 District comprises a 360' square. Their intent is to use C-1 District for church purposes also. Upon a motion duly made by Mr. Walker, seconded by Mr. Greene and unanimously carried, it was #9-311-56 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby grant Petition M-22 by Kenneth N. Morrison, Chairman, Building Committee, Elizabeth Ward Memorial Presbyterian Church requesting permission to use W4 O Parcel 15Dlal for church purposes and erect necessary build- ings for such use located on the Southeast corner of Farm- ington and Six Mile Roads in the Northwest 1/4 of Section 15 because it conforms to particular area and is in keeping with plan of the City, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Depart- ments as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was the approval of the final plat of Buckingham Village Subdivision, No. 2 located on the Northwest corner of Inkster and Schoolcraft Roads in the Southeast 1/4 of Section 24. The secretary read letter dated August 31, 1956 from Marie W. Clark, City Clerk. Mr. Joseph Slavik, Rouge Building Company was present. No one was present objecting to approval of final plat as presented. Mr. Steinhoff asked if there has been any changes to plat since preliminary approval July 12, 1955. Mr. Slavik stated there had not. Mr. Steinhoff asked if petitioner was still going to use outlot for commercial enterprise. Mr. Slavik stated they were and that there would be a greenbelt and fence between commercial development and residential homes. Mr. Miller asked the type of commercial development planned for outlots. Mr. Slavik stated development will be similar to Sheldon Center but on a smaller scale. There will be no gasoline service station in development. Upon a motion duly made by Mr. Kane, seconded by Mr. Lotz and unanimously carried, it was #9-312-56 RESOLVED that, final plat of Buckingham Village Subdivision, No. 2 located on the Northwest corner of Inkster and School- craft Roads in the Southeast 1/4 of Section 24 be given final approval inasmuch as it conforms to surrounding area, and FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission July 12, 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 July 26, 1956; and it further appearing that a bond in the amount of $306,000 to cover the installation of improvements has been filed in the office of the City Clerk under date of August 24, 1956; such bond having been approved by the Assistant City Attorney, Charles J. Pinto on August 30, 1956; it would therefore appear that all the conditions necessary to the release of building permits have bean met and the Building Department is hereby so notified. The Chairman declared the foregoing resolution adopted. :44i41)P,' The secretary announced that the next item on the agenda was the proposed Merri-Five Mile Subdivision located between Rayburn Avenue and Five Mile Road East of Merriman Road in the Southwest 1/L of Section 14. Messrs. Harry Spoon and Harry Anbender, Attorney, 1961 Guardian Building, Detroit 26 were present. Mr. Anbender requested that inasmuch as Items No. 3 and No. 4 (Merri-Five Mile Subdivision and Petition No. Z-184) as shown on the agenda are sister petitions that they be heard at the same time. At the last meeting petitioner incorpor- ated an amended plat which had 100' lots on Rayburn - a loss of eleven lots. Following August 14, 1956 hearing petitioner again incorporated at the suggestion of the City Planning Commission as made at the S+udy Meeting August 27, 1956 - (1) 100' lots on Rayburn, (2) Change lots on Merriman Road so that the homes will face Merriman Road rather than side to Merriman Road and (3) a service drive has been placed along Merriman Road to service these homes. Approximately 33 were present objecting to proposed plat as revised. Mr. Joseph Milko, 30921 Wentworth, President of Merriman Estates Civic Association stated that Mr. Anbender requested that both MerrFive Mile Sub- division and Petition No. Z-184 be heard at the same time. Asked if this is being done. Mr. Miller stated Commission will hear items one at a time as they are presented to the Commission and shown on the agenda. Mr. Milko stated when Donna Development Company purchased parcel it was zoned RUF. If Donna Development Company paid a tremendous sum for parcel they must have investigated it with the intent they would be able to build on 7200 square foot lots. Did not think people of Livonia have to subsidize builder This is only p .rcel in Section 14 that can be changed to R-1. At the City Council meeting September 10, 1956 President Austin Grant stated he is tired of individual spot zoning and suggested meeting with Planning Commission, City Council and Planning Consultant to work out over-all plan. Mr. Greene asked Mr. Milko if his association still wanted entire area to remain RUF. Mr. Milko stated he did. Mr. Greene stated he is very much in sympathy with large lots but there is one point to point out and that is that the final decision in this matter does not rest with the City Planning Commission nor the City Council. This decision could be thrown into Court and the Court will decide issue on fair use of the land. Court may take a deem view of zoning entire area RUF. What must be considered is whether adjoining residents want matter thrown upon the mercy of the Court and where residents may find themselves with 60' lots rather than 100' lots as now proposed. Also the Court may say that the builder has com- promised whereas adjoining residents have not. Wondered whether residents might be wise to consider these things and accept the compromise such as it is. Mr. Milko stated the people of this area purchased on large lots and feel that this will destroy value of their lots. People cannot compromise when they feel it is wrong. Land zoned RUF is either right or wrong. Petitioner has only one argument and that is that he has to get his money back and he can only do this by subdividing into small lots. One hundred foot lots on Rayburn is not going to help tax structure of area. Mrs. Carl Hansen, 30451 Wentworth stated she had a home paid for and it was taken away because of rezoning. Do not want that to happen again. Mr.Steve Polonkey, 30900 Wentworth stated he objects to proposed pit. Mr. Anbender stated it is difficult to argue with tears (Mrs. Hansen) and that petitioners do not want to take her home. Cannot argue with emotion. Referred to decision of the Supreme Court of Pennsylvania, Miller vs. Beaver Falls, 368 Pa. 159, 82,At1. 2, Page 34. - "....however, it must not be forgotten that all acts of the legislature and of any governmental agency are subordinate to the constitution, which is the supreme law of the land; and therefore no matter how desirable the act may appear or how worthy the objective, it cannot be sustained if it is interdicted by the constitution...." Mr. Milko stated that a RUF use is higher than R-1 in Livonia. If it is going to stop progress by keeping large areas large, then progrees should be stopped. Kr. Snyder, 30921 Puritan stated 601 lots are the minimum according to the Zoning- Ordinance but 601 lots are not the maximum. Mr. Walker stated in his opinion commission is getting into something that is going to judge the future of the City. Drove through the area and talked to several persons. There is only one street (Doris) that would not fall under the new ordinance (RU District). It would be proper for Commission to approach the planning in the square areas of the City to keep them uniform. No doubt the builder has a problem but people also have problem. Commission is taking view point that City has to be planned over night. Trying to pay the cost of the sewer by having as many 601 lots as possible but it would be very small towards paying cost of sewer in this area. For every home built . in Livonia, City goes into debt. This area could be classified as RU. City has grown to the extent that we have not been able to keep pace. City is leaning to the builder to plan City rather than to plan it itself. Mr. Greene asked Mr. Anbender whether he would consider RU Classification. Mr. Anbender stated he would not be in a position to answer that. Mr. Walker stated that at the City Council meeting September 10, 1956 it was decided to set up a meeting whereby they will consider reducing requirement in RU District to 12,000 square feet rather than 15,000 square feet as suggested by the Commission. Mr. Morris Suknic, 5701 Livernois, Ferndale stated they have based their plan on the various suggestions made by Commission and that plat should be either approved or denied in its present form. If vote of Commission i3 unfair our next action will be Writ of Mandamus on the legality of our position. Upon anation duly made by Mr. Walker, seconded by Mr. Steinhoff and unanimously carried, it was #9-313-56 RESOLVED that, pursuant to a Public Hearing having been held August 14, 1956 the City Planning Commission does hereby deny approval to preliminary plat of Merri-Five Mile Subdivision located between Rayburn Avenue and Five Mile Road East of 6V0 Merriman Road in the Southwest 1/4 of Section 14 because it would relish an opportunity to go to Court as it would straighten out a lot of the problems of the City of Livonia 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 noticehaving been sent to the Building Depart- ment, 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 Petition No. Z-184 by Harry H. Anbender, Anbender & Anbender, Attorney for Donna Development Company requesting that the zoning classification of Parcel 14R located between Rayburn andFive Mile Road and between Henry Ruff and Merriman Roads in the Southwest 1/4 of Section 14 be changed from RUFB and C-2 to R-1-A and C-2. The secretary read letter dated July 16, 1956 from Marie W. Clark, City Clerk. Mr. Harry Anbender was present. Mr. Anbender requested that Commission consider approval of the commercial area only as shown on proposed Merri-Five Mile Subdivision plat as revised September, 1956. Nr. Miller, asked whether Mr.Anbender wished to amend petition accordingly. Mr. Anbender stated he did. Mr. Miller asked Mr. Pinto whether Commission shouldn't have legal description of area in question. Mr. Pinto stated the dimensions as shown on the plat and that it is located in the Southwest 1/4 of Section 14 is all that is necessary. Mr. Greene stated disposition of the C-2 area hinges on the disposition of the proposed subdivision. Suggested withholding action. Mr.Anbender stated petitioner feels that there is a real need for this uee in this area; therefore he is ready to put a shovel in the ground next week. What happens to the residential development as a result of the Court Case is spine- thing they can follow through at a later date. Mr. Milko stated Merriman Estates Civic Assocation is not particularly against the shopping center but is this going to be a smoke screen. Also if shopping center is approved there will not be enough land left to plan into RU lots. from shopping center North on Merriman. Mr. Anbender stated if lots have to be 120' instead of 100' they will be at the time land is platted. Upon a motion duly made by Mr. Greene and seconded by Mr. Lepo, it was #9-314-56 RESOLVED that, pursuant to a Public Hearing having been held August 14, 1956 on Petition No. Z-184 as submitted by Harry H. Anbender, Anbender & Anbender, Attorney for Donna Development Company for a change of zoning in the Southwest 1/4 of Section 362 14 from RUFB and C-2 to R-1-A and C-2 the City Planning Commission does hereby recommend to the City Council that Petition No. Z-184 be denied as it is linked together with Merri-Five Mile Subdivision which was denied approval under Resolution No. 9-313-56, and FURTHER RESOLVED, notice of the alm ve hearing was published in the official newspaper, The Livonian under date of July 26, 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Lepo, Greene, Walker, Steinhoff and Miller NAYS: Kane NOT VOTING: Lotz The Chairman declaredthe foregoing resolution adopted and called a recess at approximately 9:22 p.m. The Chairman called the Public Hearing to order at approximately 9:40 p.m. with all present as named at the beginning and course of meeting. The secretary announced that the next item on the agenda was the proposed Sunset Hills Subdivision located between Melvin Avenue and Middlebelt Road approximately 300 feet South of Clarita Avenue in the East 1/2 of Section 11. The Secretary read letter dated August 30, 1956 from V. B. Spalding, Spalding, DeDecker & Assocates; dated September 7, 1956 from Donald Wilson, Chief Inspector; dated September 10, 1956 from Calvin Roberts, Chief Livonia Fire Department. Mr. V. B. Spalding and Ernest Citron, Attorney, 16851 James Couzens Highway, Det. were present. Mr. Spalding requested that before Commission considers plat that the frontage on Lot 1 be corrected to 921 and that the frontage on Lot 19 be corrected to 701 in order to obtain greater set back on Middlebelt Road. Mr. Greene referred to letter from Chief Inspector regarding minimum of 1101 deep lots rather than 1001 as shown. ',William R. Robinson arrived at approximately 9:45 p.m. Mr. Spalding stated lots on Melvin are 7200 square feet as required by ordinance. In fronting lots on Melvin it was better that they be 751 rather than 601. Mr. Greene asked whether home would be designed so that objection regarding garage can be over-come. Mr. Spalding stated they have 251 set back on Melvin and a 251 house would leave 501 back yard. 1l.E�ti 383 Mr. Howard Middlewood, Building Inspector stated it has been the department's experience from Rosedale Meadows Subdivision that when platted a 28' house was first submitted which was later changed to a larger home thereby requiring a garage to be placed either on the easement or up too close to back of house. front Mr. Lotz stated Lots 6 and 46 show a 58J1ot line. Mr. Spalding stated these lots are on a curve. Mr. Lotz stated in his opinion that is not much of a curve. Mr. Spalding ascertained that the necessary 2' for both lots could be obtained from other lots in the tier. Mr. Greene agreed with Mr. Lotz in that he did not consider lots on a curve. Mr. Fred Butler, 18115 Middlebelt Road stated plat shows less set back on Middlebelt Road than what existing homes have maintained. Stated his set back is 135'. Mr. Peter Hird, 29725 Clarita submitted letter he obtained from Wayne County Drain Commissioner regarding open ditch andck-ain on Clarita near Middlebelt Road. The secretary read letters dated August 15, 1956 addressed to Wayne County Drain Commissioner from Peter Hird and dated August 23, 1956 addressed to Peter Hird from James M. Scanlon, Deputy Wayne County Drain Commissioner. Mr. Hird stated that at the last meeting Mr. Spalding stated he had permission to close drain. hr. Spalding stated he received same answer from Drain Commission as Mr. Hird. Contacted City Engineer and their intent is to empty into the Tarabusi Drain. The secretary read letter dated July 10, 1956 addressed to V. B. Spalding, Spalding, DeDecker & Assocates from G. R. Bingham, Board of Wayne County Road Commissioners. Mr. Hird stated he is in RUF District and that he has a dog kennel. Stated with six to eight homes behind his dog kennel he will have objections to his dogs. Asked size of pipe petitioner will use when creek is closed. Stated creek is flooded many times during the year. Mrs. Fred Apel, 39967 Curtis stated the drain they intend to use drains on her property. At present Doris and Melvin are being drained into the Tarabusi Drain and now petitioner wants to drain 120 more homes. The roads on Melvin are always under water now. Mr. Henry Laughlin, 18725 Middlebelt Road asked if proposed homes will set back with existing homes. Mr. Spalding stated they have to set back at least 5' from the center of the road but because of the depth of the lots the set back will probably be more. Mr. Laughlin requested that petitioners set back be the same as the existing set back. The secretary read letter dated July 27, 1956 from W. R. McCary, City Engineer and Dave Meinzinger, Director of Public Works. Mr. Daniel Cosco, 18825 Melvin questioned why he was not notified of change of zoning and was notified of proposed plat. The Chairman explained law governing procedure. Mr. James Petrie, 18203 Melvin stated he did not think area could stand anymore water. Suggested drains be put in first and then homes. Existing drain is only a small drain and will not take care of anything like proposed plat. Mr. Miller stated problem before Commission is approval or denial of proposed plat and that petitioners will have to conform with improvement specifications of the City in order to build homes. Mr. Walker discussed points that were presented at Study Meeting regarding proposed plat: (1) 581 frontage on two lots and (2) Homes will front and side on Middlebelt Road whereas there should be some uniformity on Middlebelt Road. Mr. Citron suggested proposed plat be approved subject to changes as suggested by Commission. The secretary read recommendation dated September 1, 1956 by Albe Munson, Planning Consultant. Mr. Robinson stated he objects to lots siding on Middlebelt Road. Suggested this be considered hardship and allow petitioner to plat 551 lots and front them on Middlebelt Road. Also did not think Commission should treat extension of Curtis too lightly. Mr. Citron stated it is his understanding that Curtis jogs at Merriman Road. Mr. Robinson stated he did not think that had anything to do with this question. The following motion was made by Mr. Kane and seconded by Mr. Lotz but was withdrawn after further consideration: RESOLVED that, pursuant to a Public Heaing having been held August 14, 1956 the City Planning Commission does hereby give approval to preliminary plat of Sunset Hills Subdivision located between Melvin Avenue and Middlebelt Road approximately 300 feet South of Curtis Avenue in the East 1/2 of Section 11 subject to: (1) All lots which do not face Middlebelt Road to face onto Middlebelt Road and that Commission considers four 5821 lots a hardship and approves of such, (2) Lots 6 and 48 to be brought up to minimum of 601, (3) A specially designed house will be designed for Lot 1 and (4) Area East of proposed plat not having been previously platted. Mr. Robinson stated if area East of Middlebelt Road is platted Curtis Road will create serious problem. Mr. Citron stated he is sure parcel East of Middlebelt Road has not been platted. U • Upon a motion duly made by Mr. Kane and seconded by Mr. Steinhoff, it was #9-315-56 RESOLVED that, proposed Sunset Hills Subdivision located between Melvin Avenue and Middlebelt Road approximately 300 feet South of Clarita Avenue in the East 1/2 of Section 11 be tabled until September 18, 1956 in order to afford petitioner opportunity to present revised plat. A roll call vote on the foregoing resolution resulted in the following: AYES: Lepo, Greene, Robinson, Kane, Walker, Steinhoff and Miller NAYS: Lotz Chairman pro tem Miller relinquished the Chair to Chairman William R. Robinson at approximately 10:45 p.m. Chairman William R. Robinson called a recess at approximately 10:45 p.m. The Chairman called the Public Hearing to order at approximately 10:55 p.m. with all present as named at the beginning and course of meeting. Robert L. Miller presided as Secretary. The secretary announced that the next item on the agenda was the proposed Castle Gardens Subdivision located between Newburg and Eckles Roads and between Five Mile and Schoolcraft Roads in Section 19. The secretary read letters dated September 5, 1956 from J. B. Folsom, Chairman, Parks and Recreation Commission and Dave Meinzinger, Director of Public Works; dated September 7, 1956 from Donald Wilson, Chief Inspector; dated September 10, 1956 from Calvin Roberts Chief Livonia Fire Department and dated September 11, 1956 from W. R. McCary, City Engineer and Dave Meinzinger, Director of Public Works. Messrs. Joshua J. Stone and Richard T. Gieryn were present. Mr. Gieryn stated Hubbell, Roth & Clark are working on the engineering problems. Mr. Greene read recommendation dated September 7, 1956 from Albe Munson, Planning Consultant. Mr. Miller asked proposed use of Otlots A and B. Mr. Gieryn stated Outlot A is not to be used for anything at t'bis time due to the fact it is separated from the rest of the subdivision. Outlot B is still in the planning stage but will be used for commercial use. Mr. Miller stated Mr. Yates and Dr. Michelson were present earlier in the evening and that Mr. Yates informed him that he is dissatisfied with the school arrangement as shown on the proposed plat. It is his feeling that there should be two school areas. Mr. Gieryn asked if Mr. Yates agrees with Mr. Munson's statement in recommenation dated September 7, 1956. Mr. Miller stated he did not know. Mr. Steinhoff, Plat Committee suggested lots be numbered on plat. Stated Barbara East of Hix Road should be renamed Buckingham and Buckingham East of Hix Road should be renamed Dale. Asked width of walk ways that appear South 386 C.t of school site. .ems Mr. Robinson stated Commission has accepted fully paved 10' walk ways in the past. Mr. Gieryn stated there are approximately 1,675 lots as it is laid out now. Mr. Steinhoff stated Swan should be renamed Bentley. Mr. Urban Hemmert, 14217 Richfield asked type of proposed home to be built. Mr. Gieryn stated that that also is still in the preliminary stages but will be brick veneer and conform to ordinance. Upon a motion duly made by Mr. Miller and seconded by Mr. Lotz, it was #9-316-56 RESOLVED that, proposed Castle Gardens Subdivision located between Newburg and Eckles Roads and between Five Mile and Schoolcraft Roads in Section 19 be tabled until October 16, 1956 to afford Planning Commission an opportunity to study proposed plat and that all City Department and Planning Con- sultant recommendations be forwarded to petitioner to make necessary corrections because this is a magnitude of a square mile. A roll call vote on the foregoing resolution resulted in the following: AYES: Lepo, Greene, Lotz, Walker, Steinhoff and Miller NAYS: Kane and Robinson The secretary announced that the next item on the agenda was Petition No. Z-186 by Samuel Hechtman, President, Practical Home Builders, Inc. requesting that the zoning classification of Outlots A and B, Hearthstone Subdivision located on the Southeast and Southwest corners of Brentwood and Eight Mile Roads bounded by a cemetary on the West sideof Outlot A and by a branch of the Rouge River on the East side of Outlot B in the West 1/2 of Section 1 be changed from R-1-B to C-l. The secretary read letters dated July 30, 1956 from Marie W. Clark, City Clerk and dated August 30, 1956 from Calvin Roberts, Chief Livonia Fire Department. Mr. E. L. Jones was present representing the petitioner. Mr. Jones presented sketch showing outlots aid proposed use (grocery store, drug store and service sinops.) Stated there will be no gasoline service station. Mr. Steinhoff stated he thought petitioner should amend his petition to C-2 because grocery store will no doubt wish to hire more than five employees. hr. Jones stated he would like to amend petition as suggested by Mr. Steinhoff. Upon a motion dly made by Mr. Lotz, seconded by Mr. Steinhoff and unanimously carried, it was bI #9-317-56 RESOLVED that, City Planning Commission accept verbal request from E. L. Jones, Practical Home Builders, Inc. to amend Petition No. Z-186 requesting change of zoning in the West 1/2 of Section 1 from R-1-B to C-1 to read C-2 instead of C-1 inasmuch as a grocery store as proposed by petitioner will require more than five employees. Tre Chairman declared the foregoing resolution adopted. Mr. Steinhoff questioned width of greenbelt. Mr. Jones stated they will abide by ordinance. Mr. Miller asked location of deep revine. Mr. Jones stated they have placed 40" barrels which are enclosed in area and are in process of filling in the area. Mr. Middlewood referred to Sections 10.02 and 11.02, Zoning Ordinance, No. 60 and stated petitioner will not have to have C-2 District classification in order to conduct business. Mr. Pinto concurred with Mr. Middlewood. Upon a motion duly made by 1'r. Miller, seco-ided by Mr. Steinhoff and unanimously carried, it was #9-318-56 RESOLVED that, City Planning Commission recind Resolution No. 9-317-56. The Chairman declared the foregoing resolution adopted. Mr. L. E. Schmidt, Supt., Clarenceville Public Schools and Traffic Commission, City of Livonia, stated that there is always the question in the mind of school people as to whether or not one wants C-1 use as close to school as is proposed There is the problem of the children crossing street to get to shopping center. A study is being made by the Livonia Traffic Commission of the poor visibility coming out onto Eight Mile Road. Suggested some provision for a side walk along the cemetary so that children crossing to school will have to cross on the crown of the hill. Eight Mile Road will some day be a four lane highway at least to Northville. Mr. Robinson asked Mr. Jones if he would be willing to put in side walk as suggested by Mr. Schmidt. Mr. Jones stated he would be glad to cooperate. No one was present objecting to petition as presented. Upon a motion duly made by Mr. Kane, seconded by Mr. Miller and unanimously carried, it was #9-319-56 RESOLVED that, pursuant to a Public Hea .ing having been held on Petition No. Z-186 as submitted by Samuel Hechtman, President, Practical Home Builders, Inc. for a change of zon- ing in the West 1/2 of Section 1 from R-1-B to C-1 the City Planning Commission does hereby recommend to the City Council that Petition No. Z-186 be granted since the proposed plat conforms with the Master Plan on the Neighborhood Shopping 888 0-44 Centers subject to the sidewalk being extended to the Westerly boundary of the shopping center and portion of sidewalk as shown on plan dated July 19, 1956 being deleted, and FURTHER RESOLVED, notice of the above hearing was published in the Official newspaper, The Livonian under date of August 23, 1956 and notice of hearing having been 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 announced that the next item on the agenda was Petition No. Z-1E5 by John J. and Jeanette A. Bunk requesting that the zoning classification of Parcel 27G11 located on the West side of Merriman Road approximately 150 feet South of Capital Avenue (private road) in the Southeast 1/4 of Section 27 being changed from RUFB to M-l. Mr. John J. Bunk was present. No one waspresent objecting to petition as presented. Upon a motionduly made by Mr. Kane, seconded by llr. Walker and unanimously carried, it was #9-320-56 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-185 as submitted by John J. and Jeanette A. Bunk for a change of zoning in the Southea.;t 1/4 of Section 27 from RUFB to M-1 the City Planning Commission does hereby recommend to the City Council that Petition No. Z-185 be granted since it conforms to the future Master Plan of this belt, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of August 23, 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 petitioner 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 M-23 by Earl F. Jacox requesting permission to erect a gas station on portion of Parcel 30G located on the Northeast corner of Plymouth and Eckles Roads in the Southwest 1/4 of Section 30. The secretary read letter dated September 10, 1956 from Calvin Roberts, Chief Livonia Fire Department. Mr. Earl Merriman was present representing the petitioner. Mr. Merriman stated he is nottoo familiar with item and that he is attendinF meeting in his father's place. Kr. Miller asked if station will be a modern type station. Mr. Merriman stated x: from the conversation he had with his father it will. 4, cc��1 The Commission ascertained that the plot plan submitted did not show ingress and egress of proposed gas station. Upon a motion duly made by Mr. Miller, seconded by Mr. Kane and unanimously carried, it was #9-321-56 RESOLVED that, Petition M-23 by Earl F. Jacox requesting permission to erect a gas station on a portion of Parcel 30G located on the Northeast corner of Plymouth and Eckles Roads in the Southwest 1/4 of Section 30 be tabled until September 18, 1956 in order to afford petitioner opportunity to present all pertinent information (plot plan showing building, pumps and ingress and egress). The Chairman declared the foregoing resolution adopted. Lieutenant Bob Perry was excused at approximately 12:02 a.m. The secretary announced that the next item on the agenda was Application TA18 by Harry Dachille, Dachille Trucking Company requesting permission to remove sand from portion of Parcels 24CC and 24DD located on the North side of School- craft Road approximately 2,300 feet East of Middlebelt Road in the South 1/2 of Section 24. The secretary read letters dated September 11, 1956 from Francis J. Murphy, Acting Police Chief and dated September 10, 1956 from W. G. Sharpe, Supt. of Public Works. Mr. Harry Dachille was present. Mr. Walker, Chairman of the Topsoil Committee stated he visited site and is concerned with the way site was left from the previous removal. There is a hole big enough to put in the City Hall which holes a lot of water. Informed that the present owner assumes all obligation of the problem that exist and for that reason and because he wante d to contact the City Engineer feels that he did not have sufficient information on application. Requested item be tabled. Mr. Lotz, Member of the Topsoil Committee stated he would recommend that the sand be removed in order to get area leveled and safe for children. Mr. Greene asked whether survey shows that there is sufficient sand to be removed. Mr. Walker stated there is sufficient sand to be removed and that he discussed matter with Mayor Brashear. Mayor Brashear requested that he submit written report on the situation. No one was present ob 'ecting to petition as presented. Upon a motion duly made by Mr. Lotz, seconded by Mr. Steinhoff and unanimously carried, it was #9-322-56 RESOLVED that, Application TA18 by Harry Dachille, Dachille Trucking Company requesting permission to remove sand from portion of Parcels 24CC and 24DD located on the North side of Schoolcraft Road approximately 2,300 feet East of Middle- belt Road in the South 1/2 ofSection 24 be tabled until October 9, 1956 in order that Commission can have further oppportunity to study recommendation from the Mayor. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Application TA17 by Leonard Raney and Edward Raney, Raney Brothers requesting permission to remove topsoil from portion of Parcel 23C located on the West side of Middle- belt Road approximately 1,300 feet South of Five Mile Road in the Northeast 1/4 of Section n. The secretary read letters dated September 6, 1956 from W. G. Sharpe, Supt. of Public Works and dated September 11, 1956 from Francis J. Murphy, Acting Police Chief. Mr. Raney was present. Mr. Walker, Chairman of the Topsoil Committee stated area South of area in question has been graded to level of road. Visited site and there is topsoil to be removed. Application turned down before it was turned down because the proposed park and school sites were included in area of removal which is not the case ncw. Area has been platted into the proposed Algonquin Park Sub- division. Recommended that application be approved. Mr. Lotz, Member of the Topsoil Committee concurred with Mr. Walker's report. An unidentified man at 14915 Beatrice stated area is pretty low in his opinion and ti at there is water standing all winter and spring. Mr. Raney stated topsoil will be stock piled on the Southeast corner of the property. Mr. Miller asked Mr. Walker if survey shows sufficient topsoil to be removed. Mr. Walker stated there is a low area at Middlebelt Road although rest of parcel is 5' to 6' high. Mr. Miller read letter dated September 11, 1956 from A. Morgan Johnson, President, Civic Engineer, Inc. Mr. Eugene Musial, Unity Construction Company, 15030 Wyoming Avenue, Detroit stated that the dirt will be balanced out. Mr. Miller asked after removal of topsoil the height of parcel in relation to existing property. Mr. Musial stated prcel will be the same as the property to the North, higher than that to the South and the same as that to the West. Mr. Steinhoff stated when previous petition was denied adjoining property owners objected because of the blowing sand. Mr. Harold Crout, 30425 Lyndon stated one of the reasons they didn't remove dirt was because of the park and school sites. Residents 'nave had experience with removal of dirt. It was three years ago that area South of this was removed and they were going to build homes immediately after removal. To date nothing has been done. The man who previously removed dirt to the South had no consideration for the residents. Asked what assurance Commission has that topsoil will not be removed from park and school sites. Other man gave all sorts of promises and didn't keep any of them. Suggested more than just promises. An unidentified woman at 14915 Beatrice stated being home all day she will be unable to open any windows or hang out washing with blowing sand. 3l Mr. Steinhoff reminded Commissioners that previously there was a gentleman present who owned nursery who objected to removal of topsoil. Mr. Harold Thomas, 14925 Middlebelt Road stated knowing Mr. Raney, thought they could cooperate. Mr. Arthur Fisher, 30408 Hoy stated he concurred with Mr. Crout about past experience in area and took exception to survey. Until proposed plat is given approval by the City Council, application for removal of topsoil should be withheld. Mr. Walker stated he discussed this item with several people in the City who would be concerned with it as he wanted to be sure through a bond the City and Commission would be protected. If item was handled properly through City Engineer who handles it before bond is released under these circumstances and because there would be building in the very near future would recommend petition be approved. Mr. Robinson stated topsoil is a valuable resourse. When parcel is improved topsoil will be destroyed if not removed now. Upon a motion duly made by Mr. Walker and seconded by Mr. Lotz, it was #9-323-56 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby grant Application TA17 be Leonard Raney and Edward Raney, Raney Brothers requesting permission to remove topsoil from portion of Parcel 23C located on the West side of Middlebelt Road approximately 1,300 feet South of Five Mile Road in the Northeast 1/4 of Section 23 because of topsoil committee's study of area and assurance of what would be left after removal meeting approval of the City Ordinances, and FURTHER RESOLVED, that a performance bond be fixed on the above application at 25,000 and it is recommended to the Bureau of Inspection that a permit to this effect be issued, and FURTHER RESOLVED, notice of the above hearing was sent to the property owners within 500 feet, petitioners and City Departmets as listed in the Proof of Service and recommendation having been obtained from t-e Department of Public Works under date of September 6, 1956 and from the Police Department under date of September 11, 1956. A roll call vote on the foregoing resolution resulted in the following: AYES: Lepo, Greene, Lotz, Kane, Walker and Robinson NAYS: Steinhoff and Miller The secretary read letter datedAugust 9, 1956 from William W. Brashear, Mayor regarding appointment of Charles J. Pinto to represent the City of Livonia at all Northwest Development Area Council Meetings. Letter was placed on file. 392 Charles J. Pinto, Asst. City Attorney was excused at approximately 12:35 a.m. Upon a motion duly made by Mr. Lotz and seconded by Mr. Walker, it was #9-324-56 RESOLVED that, Inter-Departmental Transfer No. 1035 for $188.25 be approved and forwarded to the proper department for payment. A roll call vote on the foregoing resolution resulted in the following: AYES: Lepo, Greene, Lotz, Kane, Walker, Steinhoff, Robinson and Miller NAYS: None Upon a motion duly made by Mr. Lepo and seconded by Mr. Walker, it was #9-325-56 RESOLVED that, statements from The Livonian for $143.24, $18 and $24 be approved and forwarded to the proper department for payment. A.roll call vote on the foregoing resolution resulted in the following AYES: Lepo, Greene, Lotz, Kale, Walker, Steinhoff, Robinson and Miller NAYS: None Upon a motion duly made by Mr. Greene and seconded by Mr. Kane, it was #9-326-56 RESOLVED that, statement dated September 6, 1956 from Albe :31 Munson, Planning Consultant for $4,243 be approved subject to check and study by the City Planning Commission before payment. A roll call vote on the foregoing resolution resulted in the following: AYES: Lepo, Greene, Lotz, Kane, Walker, Steinhoff, Robinson and Miller NAYS: None Upona motion duly made by Mr. Lepo and seconded by Mr. Miller, it was #9-327-56 RESOLVED that, statement dated September �, 1956 from Albe Munson, Planning Consultant for $135.10 be approved and forwarded to the proper department for payment. A roll call vote on the foregoing resolution resulted in the following: AYES: Lepo, Greene, Lotz, Kane, Walker, Steinhoff, Robinson and Miller NAYS: None The secretary read letter dated Augut 30, 1956 from Michigan Society of Planning Officials regarding First Annual Summer Conference to be held in 448 393 Traverse City on September 21 and 22, 1956 Messrs. Miller, Kane, Walker, Steinhoff, Lepo and Robinson indicated they would attend conference. Harrison Park Subdivision was discussed with the possibiltiy of the petitioner amending plat by including the 86' x 917' parcel of land located South of proposed subdivision. Upon a motion duly made by Mr. Steinhoff and seconded by Mr. Walker, it was #9-328-56 RESOLVED that, minutes of meetings August 7 and August 14, 1956 be approved as presented. A roll call vote on the foregoing resolution resulted in the following: AYES: Kane, Walker, Steinhoff, Robinson and Miller NAYS: None NOT VOTING: Lepo, Greene and Lotz On a motion duly made, seconded and unanimously adopted this public hearing was duly adjourned at approximately 12:55 a.m., September 12, 1956. Fred A. Lotz, Secretary pro t ' -77// / obert L. Miller, Secretary ATTESTED: j/ i:17-44cV Robert L. Miller, Chairman pro tem William R. Robinson, Chairman