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HomeMy WebLinkAboutPLANNING MINUTES 1958-04-15 14r3 MINUTES OF THE 85th SPECIAL MEETING AND A PUBLIC HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On April 15, 1958 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. Chair- man William R. Robinson called the Special Meeting to order at approximately 8:10 p.m. Members present: Robert L. Angevine H. Paul Harsha William Robinson Wilfred Okerstrom Charles Walker *Dennis Anderson *Robert L. Greene Members absent: Leonard Kane Fred Lotz Mr. Charles Pinto, Assistant City Attorney was also present at this meeting with approximately 110 interested persons. The secretary announced that the first item on the agenda was Z-267 by Mr. & Mrs. Henry R. Rasmussen asking for a change of zoning classification on six parcels of land located on the South side of Ann Arbor Road, approximately 600 feet West of Hix Road and situated in the Southwest 1/4 of Section 31 be changed from RUFB to C-2. Mr. N. Perlongo, attorney for petitioner was present and stated that property in question was not an ideal residential area since the homes on the North side of Ann Arbor Road had their backyards facing on Ann Arbor Road. Because of this, felt this land could best be used for Commercial use. Mr. Walker asked Mr. Perlongo why petitioner asked for C-2, why not C-1 since there was C-1 zoning east of Hix Road? Mr. Perlongo answered that this was done because it was thought this would save time, rather than ask for C-1 and then have to come back to have it rezoned to C-2 if it was found to be necessary. Mr. Walker asked for the size of property in question. It was ascertained it has approximately 1200 feet frontage. The secretary read the full description of property from the petition to clarify the size to be rezoned. Mr. M. Vorgitch, 38645 Ann Arbor Trail, stated his property was approximately 1500 feet inebpth, but that he was agreeable to having just a portion rezoned to conform with surrounding area. Mr. Peter Christensen, 38901 Ann Arbor Road and Mr. H. Rasmussen, 30904 Plymouth Road agreed with Mr. Vorgitch that approximately 600 ft. was sufficient to be rezoned. Mr. Walker asked the owners and Mr. Perlongo if they would consider a still more shallow depth, since the average commercial lots in the city were smaller. Mr. Perlongo answered they had not thought of making it any smaller other than to conform with the school site next to the property in question. Mr. E. Chivas, 39201 Ann Arbor Road suggested a 350 ft. depth - felt 600 ft. was too much, his property being located one parcel beyond Mr. Christensen's. *Mr. D. Anderson arrived at approximately 8:25 p.m. Mr. Harsha asked Mr. Perlongo if they definitely wanted a C-2 zoning and Mr. Perlongo stated it was preferred. There was no further discussion; it was decided to take this item under advisement. The secretary announced the next item on the agenda was Petition Z-268 by Mr. and Mrs. Carl W. Bernard asking for a change of zoning classification on parcels of land located on the South side of the Chesapeake & Ohio Railway, approximately 800 feet West of Stark Road and situated in the Southwest 1/4 of Section 28 be changed from M-1 and R-1-B to M-2. The secretary read petition signed by 260 residents of area objecting to proposed change. Mr. Perlongo representing Mr. and Mrs. Bernard, stated that their reason for asking for the M-2 zoning in this area was because they felt that since this property was situated next to the railroad no one would build any homes here and rezoning this area to M-2 would bring in industries. Mr. Angevine asked how much property was involved in this petition at 'Which time the members of the Commission examined the plat book to determine the size and surrounding area. Mr. Anderson asked if it was planned to use Capitol street for these businesses and Mr. Perlongo answered it was, since Concord Street could not be used as it runs into residential property. Mr. William Gemmel, 12131 Boston Post Road, stated he lived in the Alden Village Subdivision immediately South of property in question, that all the homes in this area conform with all building codes. Does not feel zoning should be changed since it would greatly deteriorate their property values, cause a public nuisance, and also a detriment to public safety because of the many children in this area. Would like to see petition denied for these reasons. Mr. Rapids, 13463 Beacon Road requested the names of the other property owners involved in this petition. The secretary read the names of the petitiora's. Mr. Riley Quarles, 34990 Wadsworth, stated they were not objecting to the present zoning of light industry but to the proposed zoning of heavy industry. Mrs. William Irwin, 11680 Boston Post goad, stated that the now existing homes would be too close to the M-2 zoning and that they did not object to just the light industry. Mr. Rapids asked if Beacon Road would be used and it was ascertained that it would not. Mr. Pitts, 11780 Brewster felt that the City of Livonia has an obligation to the people who are buying and living in this section. Mr. J. Waterian, 34360 Capitol stated that a few of the original petitioners had also signed their petition asking the Commission todeny petition, that they had changed their minds and would prefer that the zoning not be changed to M-2. Mr. J. Vanzo, 12066 Boston Post Road stated that this was the first time the residents in this area had objected to a zoning change, although property in the surrounding area had been changed previously from AG & RUF to M-2. Along the railroad tracks 90 ft. had been rezoned to M-1; later more of this same section was taken which left only a small part of residential area left. Felt that the people in this area had given in enough. Mr. Cameron, 34851 Beacon Road asked if this M-2 zoning included land from Stark Road running parallel to the railroad and ending at Beacon. It was ascertained by Mr. Robinson that this property began approximately 800 ft. west of Stark Road. Mrs. Irwin asked if the petitioners had considered making their own road as they felt that using Capitol would be very dangerous for the children. Mr. Bowden, 11614 Stark Road felt that industries should be in a more agricultural area and not so close to residential. Mr. Walker stated he was on the Industrial Development Committee and it was their intent to bring in as much industry to Livonia as possible and were studying the whole industrial possibilities of the City. This area is one area that I cannot see any further heavy industry, felt it would be very poor planning to change to M-2 and also would be a betrayal to the people who are living in this area to allow M-2 industry in this section. Mr. Angevine stated that the committee is trying to establish industrial area and until it has, felt there is no reason to extend to M-2 in this area at this time. Mr. Perlongo requested that this item be tabled until further study was made. Mr. Anderson stated he felt that a further study should be made in regards to ingress and egress of this property. The Chairman announced that a motion was in order to have this item tabled until May 20th. Upon a motion duly made by Mr. Anderson, supported by Mr. Okerstrom, it was #4-76-58 RESOLVED that, Petition No. Z-268 by Mr. & Mrs. Carl W. Bernard asking for a change of zoning classification on parcels of land located on the South side of the Chesapeake & Ohio Railway, approximately 800 feet West of Stark Road and situated in the Southwest 1/4 of Section 28 be changed from M-1 and R-1 B to M-2, be tabled until May 20, 1958 until a further study of area is made. A roll call vote on the foregoing resolution resulted in the following: AYES: Anderson and Okerstrom NAYS: Walker, Harsha, Angevine and Robinson The Chairman declared the foregoing resolution not adopted. mirma 410 rte{ Mr. Angevine stated he would like to made a motion that this petition be denied. C'� Mr. Okerstrom stated he felt that the petitioner had a right to ask for a study on this item. Mr. Anderson asked if this item was adjourned, would it be back on another public hearing. Mr. Robinson answered it would not be a public hearing but that the public would have an opportunity to be heard. Mr. Walker stated he felt that petitioner could come back with another petition with a site plan showing some adequate means of ingress and egress, and that at this time there was no reason to table or to consider. Mr. Harsha stated that Mr. Angevinets motion to deny did not have any reasons for denying. Mr. Angevine stated that it be denied on the basis of the objections previously mentioned by both he and Mr. Walker. Mr. Robinson asked for a poll by the Commission on Mr. Per4ongots request for adjournment. AYES: Anderson, Okerstrom, Harsha and Robinson NAYS: Walker and Angevine The Chairman declared this tem will be taken under advisement until May 20, at which time more additional inforration will be submitted by Mr. Perlongo and also a site plan showing ingress and egress. The Chairman declared a recess at approximately 9:10 p.m. 'Mr. Greene arrived at approximately 9:23 p.m. The Chairman called the meeting to order again at approximately 9:23 p.m. with all who were present at the beginning, present now. The secretary announced that the next item on the agenda was Petition No. Z-269 by Jack Coleman, Unity Construction Company asking for a change of zoning classifi- cation of a Park Site located approximately 1300 feet South of Five Mile Road and west of Algonquin Park Subdivision and situated in the Northeast 1/4 of Section 23 be changed from Park Site to R-1-A. Mr. Musial present representing Mr. Jack Coleman. Mr. Musial informed the Commission that they had no objection to this park site, only that is is being held up indefinitely. They have had negotiations with the City Attorney on this matter and it was brought to the attention of the Council and they determined that they were not interested in purchasing it at this time. Mr. Walker stated he believed that this park site is included in the Master Park Site Plan of the City. Mr. Robinson stated this park site would have to be removed from the Park Site Plan before a rezoning could be made. 2 1 Mr. Folsom, Chairman, Parks & Recreation Commission stated that their Commission had been recommending the purchase of this site but up to the present time due to the lack of funds, the Council did not purchase it. Now with the new Council in office, I recommend that this petition be tabled in order that we may recommend to the Council to purchase it. Mr. Robinson asked Mr. Pinto if it would be wise to bring this up to the new Council as Mr. Folsom suggested; Mr. Pinto stated it was a reasonable presumption. He did not know if the funds were available but the new Council might determine whether or not to purchase this park site. He also stated that the proper person to present this to the Council would be the Parks and Recreation Commissioner. Mr. Robinson asked Mr. folsom to inform them of the City Council's decision in this matter. Mr. Musial stated they had no objection to the City purchasing the park site as long as a time is stipulated when a decision will be made. Mr. Fisher, Green Acres Subdivision, 30408 Hoy, stated that this park site was the only undeveloped area in Section 23 and it would be an ideal park site. If this park site was removed, the children would have to cross Middlebelt to get to the next park site which would be too dangerous. Also, if the City does not buy the park site, will the surrounding property owners be given an opportunity to speak before it is rezoned. Mr. Asquini, 14665 Flamingo, stated at the time he purchased his lot, theCity had ordained this a P ark Site. Mr. W. Warren, 30235 Hoy, wished to state his objection to any rezoning. Mr. J. Otto, 14744 Flamingo stated there were 30 to 40 homes and two acres across the street still available to develop, did not see reason for the rush to sell this property at this time. The Chairman announced that this item will be taken under advisement until May 20th, at which time Mr. Folsom will have a report prepared in regard to the Park Site. The secretary announced the next item on the agenda was Petition Z-273 by Morton & Minnie Katz asking for a change of zoning classification on certain lots in Grennada Park Subdivision, No. 1, located on the South side of Five Mile Road approximately 400 feet East of Farminzton and situated in the Northwest 1/4 of Section 22 be changed from CC to C- 2. Mr. Benjamin Burdick, Attorney representing Mr. M. Katz. Mr. Burdick explained to the Commission that this matter was before the Council some time ago. This is in an area with the Fire Department and the mice Department. Mr. Katzfs property contains Shirley Cleaners. We have been refused permission to put up buildings on the area. At the time of purchasing the property, Mr. Katz was told he could erect business buildings on that property. As it stands now, it is worthless. We would like to have it rezoned to conform with the surrounding area. Mr. Walker stated that he felt that petitioner had merits in his petition and presented the plan of the proposed civic center which did not include the property in this petition. 0-1 Mr. Robinson felt that more information should be obtained in regard to this M" petition. C'D Councilman Bagnall was asked if the property in question would be purchased by the City and it was ascertained by Mr. Bagnall that this property was part of the proposed Civic Center Plan. Mr. Greene asked if the hardship was in not being permitted to expand his business. Mr. Burdick stated that the business could not be developed in its entirety. There is approximately 80 ft. that nothing could be done with under the present zoning. Mr. Greene asked what if the City finds a means of purchasing property. Mr. Burdick replied anything reasonable would be agreeable to them. Feels if City does not wish to purchase property, the petitioner should be allowed to use it for Commercial. Mr. Walker stated that a committee should be appointed to sit with the Civic Center Committee and discuss this matter with them before a decision is made. Mr. Burdick agreed to wait until the meeting of the 20th and to have this petition tabled until such time. Mr. Bagnall was asked when the Committee would meet and he suggested to the Comm- ission that his committee meet with Mr. Walker and Mr. Harsha, who were appointed to represent the Commission, to discuss this item with the Council, on Tuesday, April 22, 1958. It was decided that this item would be on the agenda on Tuesday, May 6, 1958. There were no further questions from the audience or the Commission at which time the Chairman announced this item was taken under advisement. The secretary announced that the next item on the agenda was Petition M-107 by Raymond Schreiber requesting permission to erect drive-in theatre on the North side of Plymouth Road between Levan Road and Newburg Road and situated in the Southwest 1/4 of Section 29, located approximately 900 ft. west of the N.W. corner of Levan and Plymouth. Mr. Shapiro present representing Mr. Schreiber. The secretary read letters from Grandon Woods Civic Association, Inc., Country Homes Association, Inc., Practical Home Builders, Inc., Jack Hickox, Chairman, Traffic Commission and Dallas F. Hay, Commissioner, Livonia Police Department, all stating their objections to this petition. Mr. Shapiro at this time requested permission to amend his petition to include an additional 10 acres to the original number of acres in petition; petition to read " the westerly 660 ft. instead of 440 ft." Upon a motion duly made by Mr. Walker, supported by Mr. Anderson and unanimously carried, it was #4-77 -53 RESOLVED that , Petition 1i1-107 by Raymond Schreiber requesting permission to erect drive-in theatre on the North side of Plymoutn between Levan and Newburg Road and situated in the Southwest 1/4 of Section 29 , located annroximately 900 ft . west of N.W. corner of Levan and Plymouth, be verbally amen ed e by Mr. Shapiro, attorney for petitioner , to include an additional ten acres to the original amount in petition; to read "Westerly 660 ft " instead of "440 ft . " L The Chairman declared the foregoing resolution adopt ed and the ?Petition is verbally amended. Mr . Shapiro stated they felt that this location was a ?Proper place for a drive-in theatre and that any objections made would ce mad for any theatre , not only a drive-in . They would like to meet with the Police Department to discuss any traffic hazard. Rir~__t-of-way had been given to them at the rear of the portion of land. Entrance to the theatre will be approximately 350 ft . from Plymouth Road. Petitioner employs own police to take care of any traffic hazard. Felt that if any drive- in .is permitted , this would be the most desirable Place . Mr. Greene asked if an entrance and exit would be on Levan Road and Mr. Shapiro answered that there will be four entrances and 4 exits on Plymouth Road with one exit on Levan . It was ascertained at this time that the westerly line would be approximately a quarter mile from Newburgh Road. Mr . Robinson asked Mr. Shapiro if they were going to be able to con- form with the requirement of 1 ,000 feet from any residential dcistrict , and Mr. Shapiro felt there was sufficient area. -:r . Robert Lyons , 35899 , Country Homes Association stated that they were directly concerned with approximately 1 ,000 preschool chilaren within I: the 1/4 mile of the area for this drive-in theatre as it would add to the load that is already there in relation to the traffic. Mr. Frank Gokay , 35552 Parko_ale , stated he felt that this proposed drive-in theatre Poul-_ create a very bad traffic problem. At Agin Arbor Road and Newburg was an unprotected intersection; the in' exsection at Ann Aroor Road and Plymouth will not be able to handle The volume of traffic from the theatre . Feels that any traffic from Levan , east onto Plymouth to Wayne Road will not be a )le to handle the traffic , con- sequently it will continue on Levan south into the Country Homes Sub- divison district . Also at present there is a drive-in theatre located at Wayne and Warren which is south of Plymouth. The traffic from Wayne at the same time as the traffic from the new drive-in would be too much for the cresenE lights to handle . Mr. Charles Brown, 3604; Plymouth also stated 7 .a.t his objection was the use of Levan Road as the exit road. _.:r. F. Potok, 35107 Leon , inquired as te how they were noinsv; to direct traffic east and west when t'_ere is a light on Levan and on Ann Arbor Road. Mr. Shapiro answered theme were goinm to be 4 entrances , set back 350 ft . from Plymouth which should take care of numerous cars so as not to create a traffic jam. I: : r . Potok then awed now would :he patrons get off of Plymouth corning east onto the doive-in property. Mr. Shapiro o_. -reed that it would be a little more difficlt for those people coming west to yet into the theatre than the people going west . 4i 0 Mr . Jon Obey , 3 7 3 ura a on stated in , "sec; ion 5a" of ordinance ,nance , a certificate rust )e obtained fro__' petitioner statim:; this theatre is not injurious to ""ne surrou_a n nrorerty . I-c was ascertained by _'r . 'into c'-is certificate would be necessary when a license is obtained for the theatre . r. Obey inquired next as to the necessary 1 ,000 ft . from residential pror erty. : r . J. :Hollander, 11961 hew iur_' inquired if -here was a s u Dd_r v i sion platted on the west of `_.e proposed drive-in theatre . -r.. :reor`e Gibbs , 11891 vewouranswered that it was zoned RUF; Mr . i Rool rson stated 360 ft . east of the centerline of Newburg. 'r. Hollander stated this would nut the residential section within .e necessary 1 ,000 ft . needed b r the drive-in theatre and Mr. Robinson stated it would only be 9600 ft .from the property line . 'ir. Mann, Ford ':otos Company stated '-'ala t they were concerned with the serious traffic problem hat would develop and hoped that something could be done in regard to it on Levan. When company is working on two shifts , anprozimately 1200 cars on Levan around 111 : 00 p .m . or " : 00 '0 .7 . ?''r. Shapiro felt t_ at there woad be no conflict with the traffic from the Ford Motor Company because this would be a 1 ,000 car theatre and all the 1 ,000 cars will not ce 0oin in or out at the same time . °r . Robinson asked what time the theatre would close 4t night and hr. Shapiro answered the last show at 1 :00 a.m . , the first ap roximately 10: .0 or 10 :30 p .m . • r. Ken Turner, 11405 Merriman, stated his OJject'ion to theatre was the traffic hazard which will develop from it . :_r . Schreiber stied drive-in would oe 350 ft from Plymouth Road , plus 120 from right-of-way, a total of 470 ft . It was ascertained anis was not sufficient under the req-,irements of the ordinance . :r. Sha::iro stated if this 1 ,000 feet is taken into consideration, there can be no drive--in theatre in the whole ci _„ of T ivonia. . 6`,?-:-='rer asked if it was ;;os9b1e to set back the theatre further in order that 1 ,000 feet could ce between resident, and theatre . r. Shapiro answered That true theatre could go back` 500 feet if necessary; that tr_ere was sufficient dept: to allow his , but Angevine stated that 500 ft . still wasn 't sufficient . r. Donald Sta :le.s , _59H0 Oran elawn voiced his oojt. ctions to the theatre in regard to the traffic hazard; felt there were enough drive-ins surroundin Livonia to warrant not having any in Livonia The Chairman announced tat this iter.: would be taken under adviserrent for Further study. The secretary announced the next item oh the agenda was ai e Gawron Suodivision located on the East side of Hix Road cetween Ann Ardor Trail ara Ann Arbor Road in true bort :east 1/4 of Section 31 asking for a °eaff_ ...at i on of a-opro'ral on p:e lih nary plat , original approval given ven J 1y ; 9 , 1955 . ."r. Gawron was Present . There was no furt _er disc -_ss_on as it was ascertained this was not a new 47.E pat but j-z_st a reaffirmation for the ori` _nal in order to give the builder an extension of time to complete his subdivision. Upon a :notion duly made by Mr. Walker , seconded by Mr. Angevine , and unanimously carried, i: was I: #4-78-58 RESOLVED that , pursuant to a Public Hearing havin been held on April 1J , 1958 , the City Planning Commission does hereby give Casimir C . G-awron, a r°eaffirration of approval on -cre- liminary plat , ori 4nal1 y : iven .JH1y 19 , 1955 , i n order to ;give an extension of one year to complete subdivision located on the East side of Mix Road be ween Ann Arbor 'rail and Ann Arbor Road in the Northeast 1/4 o.. section 7,31 , and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners , oroc:rietor , City Departments as listed in the Proof of Service . The Chairman declared the foregoing resolution adopted and extension of one year is .iven to C-awron Subdivision. The Chairman declared a recess at approximately 10:45 p.m. The meeting was again called to order by the Chairman at 10 : 50 P .M. with all present who were present at the beginning of the meeting. Upon a motion duly made by Mr . Walker, seconded by Mr. Angevine and unanimously carried, this Public Hearing was adjourned at approximately 10 : 55 P .M. , April 15 , 1958 . The Chairman called the 85th Special Meeting to order at approximately I: 10 : 56 P .M. The secretary read the next item on the agenda which was the Bai-Lynn Park subdivision - requesting a one-year extension on approval of preliminary plat located on the East side of Merriman Road between Lyndon and Schoolcraft Roads in the Southwest 1/4 of Section 23 . Preliminary plat approved April 2, 1957 ; Special Meeting March 4, 1958 at which time item was taken under advisement . Mr. Lewis, along with Mr. Perlongo , was present . Mr. Lewis presented a sketch to the members of the Commission showing the suggested driveway turn-around pattern which had been brought up at the Study Meeting of April 8th. Mr. Robinson asked the Commissioners if the changes in the plat regarding the driveway pattern were satisfactory; also the changes in Outlot B which will be platted, as sketched on file copy of plan and the set-back require- ment on Schoolcraft . It was ascertained that this copy will be kept for our files and changes will also be inserted in resolution. Upon motion made by Mr. Greene, seconded by Mr. Angevine, and unanimously carried, it was I: #4-79-58 RESOLVED that , any one present wishing to be heard in favor or opposed to petition be heard now. Mr. Asquini , 14665 Flamingo , asked if he and the rest of the members of the Civic Association could see the proposed changes in the plat, at which time the plat was presented to them. It was ascertained that Outlot B is to be platted as shown on plat plan, when C) the retention basin is removed. Also that this plat before the Commission is the one originally approved. Mr. Peterson asked why hadn ' t the lots on Schoolcraft been changed to confor `'` with the surrounding area. Mr. Robinson informed Mr. Peterson that this plat has come before the Commission merely for an extension of time, that it is not a new plat . Mr. Pinto stated he was not acquainted with the changes but that this plat was only before the Commission for an extension of time; the plat had been approved previously. If the changes are now approved by the Commission, the extension should be granted . If there are substantial changes , the extension should be denied. Mr. Asquini stated he would like to see this plat denied because he feels the retention basin will be hazardous . Mr. Robinson informed him that the retention basin will be under the approval of the Engineering Department . Mr. Peterson stated he objected to the basin in this subdivision and any other subdivision in the city. Mr. Walker stated that since we have eliminated six (6) lots on Schoolcraft to add larger lot area, required a deeper set-back on Schoolcraft , established an agreement for the construction of a driveway that will allow a turn-around, he feels that a better land use has been acquired. Mr. Harsha stated that in regard to the turn-around, that they be a proper radius as determined by the Engineering Department . Mr. Okerstrom stated he concurred with Mr. Walker ' s statements and will make a motion that an extension of one year be granted with the conditions that a proper radius be determined for a car to turn around, that Outlot B will be plated upon the removal of the retention basin. File copy of plat , with conditions, initialed by the Chairman and the Secretary. Mr. Greene supported Mr. Okerstrom' s motion. Mr. Anderson inquired as to what will happen to Lot 50 since it will not be built upon. Mr . Lewis answered that Lot 50 will be dedicated for a street . Mr. Harsha stated that amendment could be made to the motion and then act upon the original motion. Mr . Anderson then inquired as to Lots 5 , 6, 7 , 8 , 9 , 10 . Mr. Robinson stated that Mr. Lewis has been informed that the City Planning Commission will not permit anything that is not permitted in the ordinance. Mr. Okerstrom stated he would like to add to his motion. #4-80-58 RESOLVED that , Bai-Lynn subdivision, requesting a one-year extension on approval of preliminary plat located on the East side of Merriman Road between Lyndon and Schoolcraft Roads in the Southwest 1/4 of Section 23, be granted and that , a driveway turn-around be constructed by the builder and as specified on submitted plan on Lots 1 through 13, such radii to be determined by the Engineering Department ; that Outlot B will be platted as shown on plat as submitted by Mr. Lewis , which will be kept in City Planning Commis- sion ' s office file and is designated by the signature of the Chairman and the Secretary; and that Lot 50 be dedicated to the City for a street . A roll call vote on the foregoing resolution resulted in the following: AYES: Anderson, Okerstrom, Greene, Walker, Harsha, Angevine, Robinson NAYS: None The Chairman declared the foregoing resolution adopted and the extension of one year is granted under conditions mentioned in resolution. At this time the Chairman asked the Commission if there was any objection to having Item No . 10 heard at this time in order that Mr. Irving Levine would not have to be detained any longer. The secretary announced the next item was Petition No . Z-253 by Irving Levine, President , Burt Homes, Inc. , asking for a change in zoning classi- fication of four parcels of land located on the Northwest corner of Merriman and Schoolcraft Roads and situated in the Southeast 1/4 of Section 22 be changed ( 1) C- 1 to C- 2; ( 2) RUF to C-2; ( 3) R1A to P ; (4) RUF to P . Public Hearing February 18, 1958 , at which time item was taken under advisement until petition was amended to read: Delete Item 1 , revise I: Item 2 to read RUF to C-1 . The secretary read letter dated February 25 , 1958 , from Mr. Levine asking for petition to be amended. Mr. Walker inquired as to the commercial set-back at which time Mr. Pinto explained briefly the set-back in the commercial zoning. Upon a motion duly made by Mr . Angevine, seconded by Mr . Okerstrom and unanimously carried, it was #4-81-58 RESOLVED that , pursuant to a Public Hearing having been held on Tuesday, February 18 , 1958 , on Petition No . Z-253 as sub- mitted by Irving Levine, President , Burt Homes , Inc . , as amended by letter dated February 25 , 1958 , for a change of zoning in the Southeast 1/4 of Section 22 from Exhibit 1 , RUF to C-1 , Exhibit 3, R1A to P , and Exhibit 4, RUF to P , the City Planning Commission does hereby recommend to the City Council that Petition No . Z-253 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, the Livonian, under date of January 30 , 1958 , 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 . g1.4 The Chairman declared the foregoing resolution adopted. t There was no objection from the Commission to take up Item #9 at this time in order that Mr . Warner would not have to be detained any longer. The secretary announced the next item was letter dated March 31 , 1958 , from Warner & Warner requesting an extension of time on the preliminary plat of Schulgren Subdivision and Schulgren Subdivision No . 2 located between Ann Arbor Trail and Joy Road East of Newburgh Road in Section 32 . Preliminary plat for above-mentioned subdivision approved April 17 , 1957 , and also preliminary plat for first unit of Schulgren Subdivision approved September 17 , 1957 . There was no further discussion at this time. Upon a motion duly made by Mr. Walker that request for extension of one year be granted, seconded by Mr . Angevine, and unanimously carried, it was #4-82-58 RESOLVED that , City Planning Commission does hereby grant request from Mr . Burton Warner, Warner & Warner, dated April 7 , 1958 , for a one year extension of time on the preliminary plat of Schulgren Subdivision and Schulgren Subdivision No . 2 located between Ann Arbor Trail and Joy Road East of Newburgh Road in Section 32 . The Chairman declared the foregoing resolution adopted. The secretary announced the next item on the agenda was Item #15 , letter from Edward Potts , requesting to have Petition M- 71 amended to allow curb cut on property located on the Northeast corner of Harrison and Joy Roads in the Southeast 1/4 of Section 36 . Petition M- 71 granted September 3, 1957 There was a brief discussion as to whether or not section, where curb cut is requested, will be paved and it was stated by Mr. Potts that it will be paved. Upon a motion duly made by Mr. Walker, seconded by Mr. Angevine, and unanimously carried, it was #4-83-58 RESOLVED that , request by Mr. Edward Potts to have Petition M-71 amended to allow curb cut on property located on the Northeast corner of Harrison and Joy Roads in the Southeast 1/4 of Section 36 is hereby granted and that necessary action be taken to allow a curb cut as requested. The Chairman declared the foregoing resolution adopted. The secretary announced the next item on the agenda was Item #11 regarding the proposed amendment to Master Thoroughfare Plan. After a brief discus- sion it was decided that a special meeting be held April 22 , 1958 , and invite all the property owners between Inkster and Eckles Road, South of Schoolcraft to Railroad, to permit them to give their viewpoints prior to City Planning Commission holding a public hearing. A letter will be sent in the next few days . Mr. Harsha and Mr. Greene asked to be excused for the balance of the meeting at approximately 11 : 45 P .M. The secretary announced the next item was Item #8 regarding request from Roger Davis for City Planning Commission to hold public hearing on a change of zoning classification on parcel of land on the Northwest corner of Six Mile Road and Inkster Road situated in the Southeast 1/4 of Section 12 , from C-2 to C- 1 . 2VI e tta Upon a motion duly made by Mr. Okerstrom, supported by Mr. Walker and unanimously carried, it was #4-84-58 RESOLVED that , pursuant to Section 20 . 01 , Subsection (b) of Zoning Ordinance No . 60 of the City of Livonia, the City Planning Commission at this time on its own motion does hereby provide for a public hearing to be held to rezone the following described parcel of land: A parcel of land located in the Southeast 1/4 of Section 12, City of Livonia, Wayne County, Michigan, and being more particularly described as: a parcel measuring approximately 500 feet by 500 feet as a portion of the Southeast 1/4 of the Southeast 1/4 of Section 12, Town 1 , South, Range 9 East , City of Livonia, Wayne County, Michigan. Item known as Hlb and Hla2b1 . The Chairman declared the foregoing resolution adopted. The secretary announced the next item on the agenda was Petition No . Z-270 by the City Planning Commission on its own motion whether or not Sections 11 . 02 and 11 . 14 of Article 11 . 00 of the Zoning Ordinance, Ordinance No . 60 , should be amended. Public Hearing held April 1 , 1958 , at which time item was taken under advisement . Mr. Pinto briefly explained the changes made in the original proposed ordinance as presented at the public hearing. Upon a motion duly made by Mr. Anderson, supported by Mr . Okerstrom, and irunanimously carried, it was 1111 #4-85-58 RESOLVED that , pursuant to a Public Hearing having been held on April 1 , 1958 , on Petition No . Z- 270 as initiated by the City Planning Commission on its own motion whether or not Sections 11 . 02 and 11 . 14 of Article 11 . 00 of the Zoning Ordinance, Ordinance No . 60 , should be amended, the City Planning Commission does hereby recommend to the City Council that the following resolution be granted: AN ORDINANCE AMENDING SECTIONS 11 . 02 AND 11 . 14 OF ARTICLE 11 . 00 OF ORDINANCE NO. 60 , AS AMENDED, ENTITLED "ZONING ORDINANCE OF THE CITY OF LIVONIA" THE CITY OF LIVONIA ORDAINS: Section 1 . Section 11 . 02 and 11 . 14 of Article 11 . 00 of Ordinance No . 60 , as amended, entitled "Zoning Ordinance of the City of Livonia" , are hereby amended to read as follows: Section 11 . 02 Uses Permitted. In all C2 Districts no buildings or land, except as otherwise provided in this ordinance, shall be erected or used except for one or more of the following specified uses: (a) All uses permitted in C-1 Districts , except dwellings . (b) Stores and shops for the conducting of a service or a Ar-.) retail business , except that the storage of lumber and other building supplies or similar materials for retail sale shall be housed within a building having four (4) side walls and roof, open storage of this or similar material shall not be permitted, ( c) Office and showroom of a plumber, electrician, decora- tor or similar trade. (d) Personal service shops , such as barber shops , beauty parlors , show repair shops , tire repair shops , laundry pick-up shops, dry cleaning pick-up shops , messenger or telegraph service stations and any similar service or use. ( e) Banks, theaters , hotels , assembly buildings , catering establishments , conservatories , sales and showrooms , research and testing laboratories , studios , undertaking establishments , dance halls , recreation halls , parking lots , and public owned buildings . (f) Public utility buildings . (g) Establishments within buildings or structures for the repair, alteration, finishing, assembling, fabrication or storage of goods , primarily for the residents of the locality or for sale at retail on the premises , provided there is not in connection therewith the operation of any activity or the storage or display of goods in such manner as to be obnoxious or offensive by reason of the emission of odors , fumes, dust , smoke, waste, lightglare, g noise or vibration, and further provided that no commercial enterprise shall employ more than five (5) mechanics or workers per each two thousand (2000) square feet of floor area, on the repair, conversion, alteration, ' finishing or fabrication of goods . (h) Advertising signs only when pertaining to the sale, rental or use of the premises on which it is located or to goods sold or activities conducted thereon, or when serving primarily as a directional sign or legal notice. Only one ( 1) such sign is permitted on a lot , when such lot is four thousand (4000) square feet or less in area, and such sign shall not exceed thirty-five ( 35) square feet in area of display surface and shall not exceed seven ( 7) feet in length. Signs larger in area than authorized in this section shall not be permitted except upon the approval of the City Planning Commission. (i) Carnivals, outdoor circuses or migratory amusement enterprises . ( j) Dry cleaning plants , garages and auto wash establish- ments on approval of the City Planning Commission; provided, however, that such approval shall not be given €i until , in addition to other requirements and considera- 20110 p7/7 tions, there is filed with such Commission the written consent of the owners of frontage of property immediately abutting the premises involved and the written consent of the owners of seventy (70) per cent of the frontage of all property within three hundred (300) feet of such premises and not separated therefrom by more than one street or alley. (k) Motels or motor courts upon approval of the City Planning Commission. The Commission may permit motels and motor courts in C-2 Districts , provided that a public hearing is held and it is established that sixty (60) per cent of the property owners within five hundred (500) feet distance from any part of the lot area do not object , and provided that a lot area equal to that required for a residence shall be provided for management , provided that each unit provides a lot area of one thousand ( 1000) square feet for the first room of eighty (80) or more square feet and an additional area equal to twice the room area for each additional room of eighty (80) square feet or more and provided that each unit or group of units shall have two (2) side yards of not less than ten ( 10) feet each for interior lot side yards; however, when side yards abut a side street then such street side yard shall be not less than twenty-five (25) feet , a front yard of not less than twenty-five (25) feet , a rear yard of not less than ten (10) feet and separate buildings shall be not less than ten ( 10) feet apart ; and further pr9vided, that each unit shall have one ( 1) room with not less than one hundred and fifty ( 150) square feet of floor area, a bathroom of not less than twenty- five ( 25) square feet of floor area, and not less than fifty (50) square feet of floor area for a kitchenette, if provided; and further provided, that building height of motels shall not exceed one ( 1) story or fifteen ( 15) feet ; and further provided, that no guest shall occupy such accommodations of any motel or motor court for a period of more than one ( 1) month within any calendar years . ( 1) Any other use similar in character to the above uses when it is not obnoxious or offensive to the locality by reason of the emission of odor, fumes , dust , smoke, waste, lightglare, vibration or noise . (m) Office of a veterinarian, including animal clinics and animal hospitals without outside kennels , for the care and treatment of small pets , such as dogs , cats and similar small animals , with the approval of the City Planning Commission. (n) Drive-in theaters , after approval of the City Planning Commission where such use is located at least one thousand ( 1000) feet from any district zoned as residential . Section 11 . 14 Uses Prohibited. In all C-2 Districts no building shall hereafter be erected or used or land used, in whole or in part , for any one or more of the following uses: i .47 (a) All dwellings of every kind: ". provided, however, that nothing contained in this section shall affect or interfere with dwellings now existing in any C-2 District or with any buildings accessory to such dwellings, or in any way prevent the owners thereof from making any additions , alterations or repairs to such dwellings or erecting any buildings accessory thereto; provided further, that all such dwellings and buildings accessory thereto shall conform to the same requirements as are provided in this ordinance for the nearest district in which dwellings may hereafter be lawfully erected. Section 2 . All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this 7J1 ordinance full force and effect . Section 3. If any part or parts of this ordinance are for any reason held to be invalid, such holding shall not affect the validity of the remaining portions of this ordinance. FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, the Livonian, under date of March 13, 1958 , 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 announced the next item on the agenda was Z-261 by the City Planning Commission on its own motion asking for a change of zoning classifi- cation on a parcel of land located on the North side of Five Mile Road approximately 1000 feet West of Amhurst Road and situated in the Southwest 1/4 of Section 16 be changed from R-3 to AGB . Public hearing held February 18 , 1958 , at which time item was taken under advisement . Mr . Robinson informed Commission that Mr. Charest has asked that this item be taken under advisement at this time, as he intends to petition for a larger area. The secretary announced the next item on the agenda was #14 regarding letter from Bureau of Inspection, dated April 3, 1958 , requesting Top Soil Bond Release in connection with Topsoil Permit No . 22, Parcels D, I , and E, in the Southwest 1/4 of Section 36 , W. Chicago and Middlebelt , permit holder, Mr. Sebastian Mancuso . {' Mr . Angevine read letter to Commission. Mr. Pinto informed Commission that Mr. Mancuso had complied with all necessary requirements and that area seems to be in order. Upon a motion duly made by Mr. Walker, seconded by Mr . Angevine, and unanimously carried, it was IMA #4-86-58 RESOLVED that, pursuant to the report and recommendation of the Bureau of Inspection dated April 3, 1958 , the City Planning Commission does herein authorize the release of the bond dated October 19 , 1955 , in the amount of $7 , 500 . 00 by the National Surety Corporation posted with the City in connection with topsoil removal operations performed under Permit No . 22 issued to Westfield Topsoil Sand Company; it appearing from the above report that all ordinance provisions and rules and regulations have been complied with; and the City Clerk is herein authorized to do all things necessary to the full performance of this resolution. The Chairman declared the foregoing resolution adopted. The secretary announced the next item on the agenda was #16 approval of Mr. Munson ' s statement for month of March in the amount of $111 . 28 , and statement for March for the Re-evaluation of Zoning Study in the amount of $627 . 50 . Upon a motion duly made by Mr. Walker, supported by Mr. Okerstrom and unanimously carried, it was #4-87-58 RESOLVED that , statement from Mr . Albe Munson for the month of March, in the amount of $111 . 28 , for professional services rendered, also statement for March for the Re-evaluation of 1: Zoning Study in the amount of $627 . 50 be forwarded to the right department for payment . On a motion duly made, seconded and unanimously carried, this special meeting was duly adjourned at approximately 12: 10 P .M. , Tuesday, April 15 , 1958 . /r -- R. L. Angevi , Secretary ATTESTED: � � ---4-- 7- ` William R. Robinson, Chairman