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HomeMy WebLinkAboutPLANNING MINUTES 1958-06-03 . 2050 MINUTES OF THE 87TH SPECIAL MEETING AND A PUBLIC II: HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On June 3, 1958 the above meeting was held by the City Planning Commission of the City ofLivonia at the City Hall, 33001 Five Mile Road, Livonia, Michigan. Chair- man William R. Robinson called the Special Meeting to order at approximately 8:15 p.m. Memb ers present: H. Paul Harsha, Charles Walker, Leonard Kane, R. L. Angevine, William R. Rob inson, Robert Greene,%Wilfred Okerstrom, Fred Lotz Members absent : Dennis Anderson Mr. R. Kropft, /Assistant City Attorney was present along with approximately 35 in- terested persons. The Secretary announced the first item on the agenda was the Proposed Midas Sub- division located South of Five Mile Road approximately 1000 feet West of Ashurst Road situated in the Northwest 1/4 of Section 21 submitted by Howard B. Tripp, -Civil Engineer for Nat Rosenberg. Submitted May 16, 1958. Mr. Tripp was present at meeting. The secretary read a letter dated May 29, 1958 from the Bureau of Inspection and Irialso a letter dated May 29, 1958 from the Fire Department. Mr. Harsha, Chairman of the Plat Committee stated plat met all requirements in a R1A zoning. Asked about the proper sewage available. Mr. Tripp answered that the En- gineering Department has determined that there will be satisfactory sewage and sani- tary facilities. Mr. William Barlow, 14875 Fairlane, stated he objected to the road running east and west next to his property. Bought property with the understanding it would stay acreage. Also stated that his property is a full 44 higher in the back than the proposed subdivision. Mr. Robinson informed Mr. Barlow that if the petitioner receives approval of this plat from the Commission, he will have to submit the necessary engineering details to the Engineering Department and meet their requirements prior to the approval of the plat given by the City Council. Mr. Barlow inquired as to what value the new homes would be but Mr. Tripp stated he was not prepared to say in what price range they would fall in, but they will have a minimum of 1000 sq. feet in area. Mrs. Gudenian, 15121 Fairlane, stated that she objected to the four lots which would have their back yards next to her side yard. Felt that the 4 garages backing to her side yard would be too unsightly. Suggested that this area with 4 lots be made into 2 lots facing Fairlane. Presented her deed with the plot plan of the street between ; Five Mile Road and Lyndon. Iz Mr. Robinson asked if there were any other objections. Mrs. Gudenian stated there were none but that she did want to object to the subdivision plat as it is presented tonight. . 2051 The Chairman declared that this item would be taken under advisement. The secretary announced the next item on the agenda was the Proposed Kingsbury I: Heights Subdivision located on the Northwest corner of Five Mile and Levan Road situated in the Southwest 1/4 of Section 17, submitted by Bruce W. Polozker. Sub- mitted May 16, 1958. Mr. Polozker was present. The secretary read letter dated May 28, 1958 from the Livonia Police Department, letter dated May 29, 1958 from the Bureau of Inspection and also letter from the Fire Department dated May 29, 1958. Mr. Harsha, Chairman of Plat Committee, inquired as to whether or not Roycroft Street coincided with the same street in the neighboring Country Homes Subdivision. It was ascertained that it did. Also stated that the plat did not show the same amount of commercial area as the zoning map, that no request had been made to narrow down the amount of commercial so it can be used for residential. Stated that 454 is not acceptable at the property line in a cul-da-sac. Must have 551. Suggested that the street named Bruce be changed to Rayburn to conform with the street Rayburn in other sections east and west. Mr. Walker stated that the previous subdivision plat had homes facing Five Mile Road, this proposed plat had no houses facing Five Mile Road. Felt that a consistency should be made in planning. Mr. Polozker stated that there was an existing store converted into a house on the property facing Five Mile Road. Felt that if Five Mile Road is ever widened, this existing house would have to be torn down. I[: Mr. Greene asked what use would be made of Outlot B. Mr. Polozker stated at the present time there were no plans. Mr. Greene stated that he feltit was very diffi- cult to see how this plat conformed with the adjoining subdivision and that this information should be available. There were no persons in the audience wishing to speak in opposition or in favor of proposed subdivision at which time the Chairman stated that this item will be taken under advisement. It was determined that the plat should be sent back for the necessary changes. Mr. Polozker asked if the changes were made would the plat then be acceptable. Mr. Robinson stated the Commission would then reconsider proposed plat. Mr. Walker informed Mr. Polozker that the changes will be on record in the minutes and that he could inquire as to what corrections should be made on the plat. Mr. Angevine asked the Chairman of the Plat Committee, Mr. Harsha what his opinion was on Lot 38 in regard to the point. Mr. Harsha stated that at the curb it could be rounded off, that the lot had sufficient area. Upon a motion duly made by Mr. Angevine, supported by Mr. Kane and unanimously carried, it was #6-123-58 RESOLVED that, the Proposed Kingsbury Heights Subdivision located on the Northwest corner of Five Mile and Levan Roads, situated in the Southwest 1/4 of Section 17 be tabled until petitioner, Mr. Bruce W. Polozker has submitted a corrected plat. 110 The Chairman declared the foregoing resolution adopted and petition is tabled. Mr. Robinson also informed Mr. Polozker that he will have to petition to rezone the Commercial area to R1A to allow the homes that he has on the present plat. • 2052 The secretary announced the next item on the agenda was Petition M-111 by Walter T. IC: Hall asking permission to erect 89 x 10' (80 sq. ft.) sign, 60 ft. from center of Plymouth Road on steel pole on building located on the South side of Plymouth between Farmington and Wayne Roads and situated in the Northeast 1/4 of Section 33; property known as 33825 Plymouth. Mr. Harsha inquired as to whether or not any part of the sign would overhang, if it was parallel to the building. Mr. Hall stated the outside of the sign is 609 from the center of the road, it would not overhang. Mr. Berkowitz, 13330 Irvine, Oak Park, Michigan stated that this business had been there for approximately ll years, that this sign was necessary because a neighboring store sign was on the front of the building. Upon a motion duly made by Mr. Walker, supported by Mr. Angevine, and unanimously carried, it was #6-124-58 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, June 3, 1958, the City Planning Commission does hereby grant petition M-111 by Walter T. Hall requesting permission to erect 89 x 109 (80 sq. ft.) sign, 60 ft. from center of Plymouth Road on steel pole on building located on the South side of Plymouth between Farmington and iahyne Roads and situated in the Northeast 1/4 of Section 33, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in 1[911 the Proof of Service. The Chairman declared the foregoing resolution adopted and petition M-111 is granted. The secretary announced the next item on the agenda was Petition M-113 by the Ohio Oil Company requesting permission to erect service station on the Southeast corner of Five Mile and Farmington Roads, situated in the Northwest 1/4 of Section 22. Mr. Donald Winston, Ohio Oil Company, Lansing, Michigan and Mr. James Draper, Attorney 2746 Penobscot Building, Detroit 26, Michigan were present. The site plan of the proposed gas station was presented to the Commission. Mr. Robinson stated that the City Council had just given the City Planning Commission the complete proposed Civic Center plans, one of which includes the area in this petition now before the Commission. The members of the Commission examined the three proposed site plans. Mr. Walker stated that he had talked with the Chairman of the Civic Center Committee who informed him that the Committee was not considering the site plan which included property in Petition M-113. The commission was informed that a member of theCivic Center Committee was in the building at the present time and that it might be wise to ask him for his opinion as to what plan is being considered by the City Council. Mr. Sydney Bagnall, of the City Council stated that the Civic Center Committee has 1[90 recommended Site Plan B which does not include the property in Petition M-113. Mr. Robinson asked Mr. Bagnall if the Civic Center Committee wanted the City Planning Commission to make recommendations on all three site plans. Mr. Bagnall answered that Site Plan C is the land the City presently owns. Site Plan B is the present 25 acres plus 15 acres, which does not include property for the proposed gas station on the agenda tonight. 2053 Mr. Walker stated he felt that we should make our recommendatiaasin relation to I: the Civic Center Site plans before we make our decision for the approval or disa- pproval of the gas station, in order that we may determine the future use of the existing land around the Civic Center Site Plans. Mr. Greene concurred stating that the proposed gas station might be out of line with the proposed civic center site plans. No one in the audience who wished to speak in favor or opposed to the erection of the proposed gas station. The Chairman declared that this item will be taken under advisement. Informed Mr. Draper that a decision should be made within a month and that he will be notifed as to the date of the next meeting. The secretary announced the next item on the agenda was Petition M-114 by Standard Oil Company requesting permission to erect a two stall gasoline and oil service station on the North side of Six Mile on the Northeast corner of Six Mile and Farmington Roads and situated in the Southwest 1/4 of Section 10. Mr. William Hayes and Mr. Kipp, Engineer were present and submitted the plans of the proposed gas station to the members of the Commission. Mr. Walker asked for the size of the parcel which will be used for a gas station. It was determined that the gas station will be on a 135 9 x 1354 size parcel. No one in the audience who wished to speak in favor or in opposition to gas station 4 petition. Mr. Walker stated that a number of gas stations were allowed in commercial areas at intersections and he felt that it may be wise to study the land use of the remaining property surrounding the gas station, to make sure that the remaining land is large enough for other commercial uses. Mr. Hayes asked Mr. Walker if he meant small shopping centers and Mr. Walker stated he did. Mr. Hayes stated they did not feel that a gas station precluded any shopping centers, that subdivisions usually rezoned a portion of the residential area around a gas station for commercial use. Mr. Robinson stated that Mr. Munson, the planning consultant has completed the master study of land use for Livonia and will present his viewpoints to the Commission later on this month, and because of this it might be best to take this item under advise- ment until that time. Mr. Greene directed a question to Mr. Benton Yates, Superintendent of Schools who was in the audience. Inquired as to whether or not there was a school directly across the street from the proposed gas station. Mr. Yates stated there was no school on the corner, the school was situated 1/4 mile west of the corner. I: The Chairman declared that this item will be taken under advisement. Mr. Hayes inquired as when they will be notified. Mr. Robinson stated that it would be approximately a month before any decision could be made. A study meeting was planned for the last Tuesday of this month with the planning consultant. A decision will be made soon after this meeting and they will be notified as to the date of the meeting. 2054 I/: The secretary announced the next item on the agenda was Petition M-115 by M. Waronoff and Company requesting permission to use property for outdoor sales area, enclosed by a 4' fence, located on the North side of Plymouth between Middlebelt and Merriman, known as 30830 Plymouth Road situated in the Southwest 1/4 of Section 26. Mr. Ray Schneider, 15159 Kenwood, Oak Park, Michigan and Mr. M. Waronoff, 19340 Votrobeck, presented the plot plan of the outdoor sales to the Commission. Mr. Harsha stated that last year the petitioner sold bathing pools in that same area, which constituted outdoor sales, but they hadn't come before the planning commission for approval of such sales. Mr. Schneider stated that they had been under the impression that they did not need the approval of the City Planning Commission for this kind of outdoor sales unless they used the house existing on property. Mr. Harsha informed 'Mr. Schneider that he had been advised wrong, that it was necessary to obtain the approval of the Commission. Mrs. Rasmussen, 30904 Plymouth Road, stated they lived adjacent to the sales area, and were objecting to the way the business had been conducted a year ago. Com- plained also of the signs erected which blocked the view from their house but that the signs had been set back after a complaint ha..1 been made. Also that there were no adequate sanitary facilities. Mr. William A. Price, 7278 Piedmont, Sibley Lumber Company stated there had been a traffic problem in this area last year because they had no off street parking I[: facilities. Stated also thatthere had been damage to their fence. They would appreciate it if a structure is built and that they have adequate parking facilities so as to cause no traffic problem. Mr. L. Humpert, 30843 Plymouth stated he objected to the sales for the same reasons his two neighbors had. Mr. Ray Schneider stated that they were not renting the land for an outdoor sales. They own 260 feet and it was not bought for a temporary outdoor sales. They had every intention of putting up a building. Signs were put on the right-of-way but were removed and set back when they were informed of it. Mr. Robinson asked if there was adequate parking facilties; Mr. Angevine stated the plot plan showed only 6' off the property line. Mr.Waronoff stated that the land adjoining on the west side could be used for off- street parking, which would take approximately thirty cars, and could be set back 60' from the right of way. Also, would there be an objection to having parking within the 27' or 30' between the property line and the building, that is, parallel parking. Mr. Robinson stated that if it is the right-of-way, it is not permissible to use for off-street parking. IriMr. Waronoff asked if the land within our own area were used for parking, could a decision be made. The property is now level for parking but we would have to erect signs to be sure that cars are not parked on the right-of-way. Mr Robinson suggested that this item be taken under advisement until a satisfactory plan is brought in as to how they will handle parking. 2055 Mr. Schneider stated they would like a decision based on their assurance that there ll: will be adequate off-street parking facilities. Mrs. Rasmussen stated she objected to any approval given by the City Planning Commission. Mr. Robinson informed Mrs. Rasmussen that the Commission will require them to have off street parking and adequate sanitary facilities. Mr. Harsha informed the petitioner that Section 13.06 of the Parking Regulations of the Zoning Ordinance of the City of Livonia reads, "Surfacing and Drainage. Such parking areas shall be surfaced with concrete, plant-mised bituminous material, crushed rock,,gravel or cinders, shall be maintained in a smooth, firm, usable and dust proof condi.ion; and shall be properly graded and drained to dispose of all surface water." Mr=. Waronoff stated that this present parking plan would be temporary for this year. The entire area will be surfaced for parking area later on, and that they intend to build as soon as the mortgage committments were available. Mr. Price asked if they plan on building why is the property up for sale. Mr. Robinson informed Mr. Price that this was not a pertinent question in relation to this hearing. Mr. Waronoff asked if they complied with the regulations as to the surfacing and I[: erected signs would it be permissible to use this area this year. Mr. Robinson informed Mr. Waronoff that the Commission will have to answer that question, and asked him about the sanitary facilities. Mr. Waronoff answered that they will comply with any suggestions and regulations the Inspection Department gives to them. Mr. Walker stated that he would like to see them come back with plans of the parti- cular area they intend to improve for parking and give the Commission the area of that parking, and I would like to hear what they will work out with the Inspection Department in relation to the sanitary facilities. Mr. Kroft, Assistant City Attorney, stated that if action is taken tonight, the Planning Commission could refer the matter by letter to the Bureau of Inspection after you-have given approval. They will have to meet with their requirements before they will be allowed to conduct business. Mr. Greene asked how much money had been invested in stock. Mr. Schneider stated approximately $10,000. Upon a motion made by Mr. Greene, supported by Mr. Lotz, it was #6-125-58 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday June 3, 1958, the City Planning Commission does herebygrant Petition M-115 by M. Waronoff & Company requesting permission to use property I[: for outdoor sales area, enclosed by a 4? fence, located on the North side of Plymouth between Middlebelt and Merriman, known as 30830 Plymouth Road, situated in the Southwest 1/4 of Section 26, subject to the following conditions: (1) Install adequate off-street parking facilities. • 2056 (2) Install adequate sanitary facilities (3) Erect parking signs FURTHER RESOLVED that, a letter be forwarded to the Inspection Bureau stating that the installation of the above mentioned facilities will be subject to their approval. FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and city departments as listed in the Proof of Service. A roil call vote on the foregoing resolution resulted in the following: AYES! Lotz, Greene, Kane, Walker, Harsha, Angevine, Robinson NAYS: None The Chairman declared the foregoing resolution adopted and petition is approved subject to aforementioned conditions. Mr. Benton Yates, Superintendent of the Schools stated that he had not been able to be present at the time the first two items, Midas Subdivision and Kingsbury Heights Subdivision were before the Commission. Would like more information from the peti- tioners about these subdivisions. Mr. Robinson stated that the Planning Commission will direct a letter to the i Sub- dividers asking them to forward the information to Mr. Yates. i Upon a motion duly made by Mr. Walker, supported by Mr. Lotz and unanimously carried, it was resolved that this Public Hearing be adjourned at approximately 9:55 p.m. The Chairman declared a ten minute recess at approximately 9:56 p.m. The Chairman called the 87th Special Meeting to order at approximately 10:10 p.m. with all who were present at the beginning of the meeting present now. Mr. Okerstrom a Lived at 10: 1? p.m. Me secretary announced the next item on the agenda was Petition Z-254 by Henry Koloff asking for a change of zoning classification on parcel of land located on the south side of Five Mile Road, 650 feet West of Fairlane Road and situated in the Northwest 1/4 of Section 21 be changed from R1A to R3. Public Hearing February i , 1958; Study Meeting May 27, 1958. Mr. Koloff was present. After a brief discussion as to the exact size of parcel in question (660' x 291' depth) and the fact that Mr. Munson had stated that this area would be sufficient for the building suggested. Mr. Robinson stated a motion was in order to approve or disapprove Petition Z-254. Upon a motion duly made by Mr. Angevine, supported by Mr. Walker, it was #6-126-58 RESOLVED that, pursuant to a Public Hearing having been held on February I[: 18, 1958 on Petition No. Z-254 as submitted by Henry Koloff for a change of zoning in the Northwest 1/4 of Section 21 be changed from R1A to R3, The City Planning Commission does hereby recommend to the City Council that Petition No. Z-254 be granted, and • 2057 FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of Janury 30, 1958 and notice of whish hearing was sent to The Detroit Edison Compaq, Chesapeake & Ohl() Rtiilway Company, The Consumers Power Company, Michigan Bell Telephone 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: Greene, Kane, Walker, Harsha, Okerstrom, Angevine, Robinson NAYS. Lotz The Chairmar declared the foregoing resolution adopted and petition Z-254 is granted. The secretary announced the next item on the agenda was letter by Irving Levine, ?urt Homes, Inc., requesting a hearing to consider whether special hardship or inequities due to special conditions exist in relation to Section 4.27 of Article 4.00 of the Zoning Ordinance No. 60. Public Hearing May 20, 1958; taken under advisement; Study Meeting May 27, 1958. Mr. Okerstrom asked if the hardship is in regard to the two lots facing Schoolcraft. It was ascertained it was and also that the 75 ft. set back on Schoolcraft does not apply to these lots due to the fact that the plat had been recorded before the ordinance was put int@ffect and that it may result in a court battle if request in letter is not granted. Mr. Krofpt asked that Commission continue to Item #9 in order to give him more time to become familiarized with the subject. The secretary announced the next item on the agenda was the letter from Federation of Livonia Civic Associations. Mr. Angevine reread letter to the Commission. Jpon a motion duly made by Mr. Walker, supported by Mr. Angevine and unanimously t^i' _ . ped, it waG :!()-17-58 RESOLED that, letter from Federation of Livonia Civic Associations he put on file and complied with as requested, in relation to notifying Civic Associations of subdivisions which are adjacent to parcels of land being considered for rezoning or any other action. The Chairman declared the motion is carried and letter will be placed on file. The secretary announced the next item on the agenda was Spring Valley Subdivision #2; final approval of balance of subdivision located in the East 1/2 of Section 3, on the North side of Seven Mile Road between Osmus and Merriman. Submitted by James L. Johnson; preliminary plat approved January 15, 1957, extension granted December 3, 1957. IliMr. Robinson asked if there were any changes. Mr. Johnson stated only what is mentioned in the letter dated May 13, 1958. First portion of subdivision given final approval on June 4, 1957, this second portion makes up the entire sub- division with the exception of 29 lots on Merriman. If and when Merriman is con- tinued, the remainder of the lots will be presented. There have been no changes in lot sizes. 2058 Mr. Lotz inquired of Mr. Krofpt if building can be started on the subdivision before final approval is given. ll: Mr. Krofpt answered that subdivider can put in improvements and put up models but no mass production. At this time the canvas back plat was presented to the Commission members. Mr. Walker asked how close is the property to the proposed right-of-way of Merriman. Mr. Johnson stated the row of lots facing what would be Merriman are 120 ft. in depth from the right-of-way. They have not been platted and will not be platted until Merriman is continued. Oar plans are to plat it as Subdivision #3 as soon as Merriman Road is opened. Upon a motion duly made by Mr. Kane, supported by Mr. Angevine, it was #6-128-58 RESOLVED that, final plat of Spring Valley Subdivision #2 in the East 1/2 of Section 3 on the North side of Seven Mile .Road between Osmus and Merriman be given final approval, and FURTHER RESOLVED, INASMUCH as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission January 15, 1957; and it further appearing that said proposed plat together with the plans and specifi- cations for improvements therein have been approved by the Department of Public Works under date of April 10, 1957; and it further appearing that the Council on April 15, 1957 approved the plat of Spring Valley Subdivision #2 and set a bond for improvements in the amount of $453,0n0.00 , such bond having been reduced by Council resolution #241-58 on April 21, 1958 to $237,00.00; and filed in the office of the City Clerk under date of June 2, 1958; such bond having been approved by Rodney C. Kropf, Assistant City Attorney on June 3, 1958 it would therefore appear that all the conditions necessary to the re- lease of building permits have been met and the Building Depart- ment is hereby so notified. A roll call vote on the foregoing resolution resulted in the following: AYES: Okerstrom, Lotz, Kane, Walker, Harsha, Angevine, Robinson NAYS: None NOT VOTING: Greene The Chairman declared the motion is carried and final approval is given to Spring Valley Subdivision #2. Mr. Rodney Kropf, Assistant City Attorney, stated that in relation to Item #8, letter from Irving Levine requesting a hearing to consider whether or not special hardship exist in relation to Section 4.27 of Article 4.00, it was his opinion that this set back could be adjusted by a hearing, which was held May 20, 1958, and to grant petitioner the relief he seeks. I[: Mr. Okerstrom and Mr. Greene inquired as to whether or not the City could be taken to court if Mr. Levine's request is not granted. It was ascertained that Mr. Levine 2059 could take this matter to court. Mr. Harsha felt that petition should be granted. ll: Mr. Angevine and Mr. Lotz concurred. Upon a motion duly made by Mr. Kane that inasmuch as a public hearing has been held that petitioner be granted the special hardship in ielation to Section 4.27 of Article 4.00. The motion was supported by Mr. Lotz and, it was #6-129-58 RESOLVED that, pursuant to a Public Hearing having been held by the City Planning Commission on Tuesday, May 2Q, 1958, the City Planning Commission having considered the request of Irving Levine, President, Burt Homes, Inc., to adjust the set-back provisions of Ordinance 197 and the Planning Commission having found that the loss of Lots 38 and 39 of Merri-Lynn Farms Subdivision would constitute a hardship under the provisions of the ordinance as set forth as a result of the 754 set back provision of said ordinance, the Commission does hereby determine that sufficient hardship has been shown by the petitioner and the Building Department is requested to issue building permits for Lots 38 and 39 in accordance with the applications heretofore filed On May 13, 1958 by the petitioner. A roll call vote on the foregoing resolution resulted in the following: AYES: Lotz, Greene, Kane, Harsha, Angevine, Robinson NAYS: Okerstrom, Walker The Chairman declared the motion is carried and petition is granted. I: The secretary announced the next item on the agenda was Petition No. Z-251 by Marion J. and Grace M. Franjac asking for a change of zoning classification on Parcel lON located on the South side of Seven Mile Road approximately 1,300 feet West of Merriman Road in the Northeast 1/4 of Section 10 be changed from RUFB to R-2. Public Hearing January 21, 1958 taken under advisement. Study Meeting February 4, 1958 taken under advisement until PS Ordinance became effective. Study Meeting May 27, 1958. Upon a motion duly made by Mr. Lotz, supported by Mr. Angevine it was #6-130-58 RESOLVED that, pursuant to a Public Hearing having been held on January 21, 1958 on Petition Z-250 as submitted by Marion J. and Grace M. Franjac for a change of zoning in the Northeast 1/4 of Section 10 from RUFA to R-2, the City Planning Commission does hereby recommend to the City Council that Petition No. Z-250 be denied because subsequent to the time of the Public Hearing herein, Ordinance #202 (Professional Services District Regulations) became effective changing the nature of the request of the petition herein, and also because the Public Hearing did not contain an expression of the people with respect to the new PS Ordinance zoning classifi- cation, and FURTHER RESOLVED, notice of the above hearing was published in the 1[40 official newspaper, the Livonian, under date of January 2, 1958 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumers Power Company, City Departments and petitioner, as listed in the Proof of Service. 2060 A roll call vote on the foregoing resolution resulted in the following: AYES: Okerstrom, Lotz, Greene, Kane, Walker, Harsha, Angevine, Robinson NAYS: None The Chairman declared the foregoing resolution adopted and petition is denied. The secretary announced the next item on the agenda was Z-257 by Raymond and Helen McCullough asking for a change of zoning classification on parcels of land, Items #13K6 and #13K5 located on the North side of Five Mile Road, approximately 300 ft. west of Harrison and situated in the Southwest 1/4 of Seotion 13 be changed from R-1 to C-1. Public Hearing April 1, 1958. Petition verbally amended to read R-1 to PS. Tabled until PS Ordinance became effective. Study Meeting May 27, 1958. It was ascertained that request for rezoning is for the entire length of parcel. Mr. Okerstrom stated that he felt that this petition should be handled similar to the preceding petition. Requested Mr. Munson's recommendation to be read again. Mr. Angevine complied. Mr. Don Stevenson, 26810 Five Mile Road stated he owned the property next to the property requesting the change of zoning and objected to this rezoning. Mr. Robinson stated that the property in back of parcels in petition could not be utilized, if petition is granted without a road. Mr. Okerstrom stated that he is 1[4: making a motion that this petition be denied because he felt that this is spot zoning and that this property could be utilized better if it was not zoned PS. The motion died for lack of support. Upon a motion duly made by Mr. Angevine, supported by Mr. Walker, it was #6-131-58 RESOLVED that, pursuant to a Public Hearing having been held on April 1, 1958 on Petition No. Z-257 as submitted by Raymond and Helen Mc- Cullough for a change of zoning in the Southwest 1/4 of Section 13 from R-1 to PS, the City Planning Commission does hereby recommend to the City Council that Petition No. Z-257 be granted, because it is felt that a convalescent home would serve beneficially in this area, and 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 Tele- phone Company, The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. Mr. Robinson asked if the whole parcel needed to be zoned PS. It was ascertained it did not; Mr. Robinson stated he objected to PS 580 feet back on this property, because of its proximity to the school directly behind parcel in petition. Mr. McCullough stated they felt if it were possible they would like to utilize the entire property for a convalescent home. If the Commission feels this isnot necessary, we can ask for a rezoning on half of it but felt that for their pupose it could be utilized considerably more if the whole parcel were rezoned. Felt 2061 that an outside area landscaped was necessary for a convalscent home for its Icpatients. Mr. Walker concurred that a deep lot is more useful than a shallow lot because of the need for a recreational area for the patients of the convalescent home. A roll call vote on the above mentioned resolution #6-131-58 resulted in the following: AYES: Lotz, Greene, Walker, Harsha, Angevine NAYS: Okerstrom, Kane, Robinson. The Chairman declared the foregoing resolution adopted and petition Z-257 is granted. Mr. Don Stevenson asked if the existing house on parcel could be used for business. It was ascertained that this was permissible. Mr. Fred Lotz was excused at 11: 15 p.m. The secretary announced the next item on the agenda was Petition No. Z--280 by the City Planning Commission on its own motin asking for a change of zoning classi- fication on a parcel of land, measuring 500 ft. by 500 ft. located on the Northwest corner of Six Mile Road and Inkster Road and situated in the Southeast 1/4 of Section 12 be changed from C-2 to C-1. Public Hearing May 20, 1958, taken under advisement. Study Meeting May 27, 1958. ICUpon a motion duly made by Mr. Walker, supported by Mr. Harsha, it was #6-132-58 RESOLVED that, pursuant to a Public Hearing having been held on May 20, 1958, on Petition No. Z-280 by the City Planning Commission on its own motion asking for a change of zoning classification on a parcel of land situated in the Southeast 1/4 of Section 12 from C-2 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition No. Z-280 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of May 1, 1958 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumers 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: Okerstrom, Walker, Harsha, Greene, Angevine, Robinson, Kane NAYS: None The Chairman declared the foregoing resolution adopted and Petition Z-280 is granted. 1 The secretary announced the next item on the agenda was a motion by the City Planning Commission to hold a public hearing for a proposed amendment to Zoning Ordinance No. 60, of the Zoning Ordinance of the City of Livonia, whether or not to allow banks in the C-1 Districts. • 2062 Upon a motion duly made by Mr. Kane, supported by Mr. Walker and unanimously adopted, it was IE #6-133-58 RESOLVED that, pursuant to Section 20.01,Subsection (b) of Zoning Ordinance No. 60 of the City of Livonia, the City Planning Commission does on its own motion hereby determine that there shall be a Public Hearing to determine whether or not Subsection (b) of Section 10.02 of Article 10.00 of the Zoning Ordinance, Ordinance No. 60 should be amended, which sections read as follows: THE CITY OF LIVONIA ORDAINS: Section 1. Subsection (b) of Section 10.02 of Article 10.00 of Ordinance No. 60, as amended, entitled "Zoning Ordinance of the City of Livonia", is hereby amended to read as follows: Section 10.02 Uses Permitted. In all C-1 Districts no building or land, except as otherwise provided in this ordinance, shall beErected or used except for one or more of the following uses: (a) All uses permitted in an R-2 District (b) Retail stores, business and professional offices, public utility buildings, newspaper distributing stations, restaurants, banks and savings and loan associations. (c) Open air sales, upon a certificate of approval by the City Planning Commission; for food sales, upon a certificate of approval by the City Health Department and the City Planning Commission, where such sale will not interfere with sidewalk or street traffic. However, this shall not permit the operation of material yards, including new and used lumber sales or used machinery or used auto parts. Notwithstanding the above, the sale of Christmas trees shall be permitted upon the approval of the Police Department that there is suitable and safe ingress and egress to the premises used for such purposes and upon the approval of the Fire Depart- ment that all fire rules and regulations of such department have been complied with and upon approval of the Bureau of Inspection that such use is made in compliance with this ord inance and the rules and regulations of the bureau. (d) Shops producing merchandise to be sold at retail on the premises provided that the services of not more than five (5) persons are required to produce such merchandise. (e) Personal service shops such as barber shops, beauty parlors, shoe repair shops, laundry pickup shops, dry-cleaning pickup shops, and any similar service or use, provided any such shop or parlor shall not employ more than five (5) persons. 2063 (f) A gasoline and oil service station, when approved II: by the City Planning Commission. (g) Accessory buildings and uses customarily incidental to any of the above permitted uses. A storage garage for the storage of commercial vehicles used by a business or other permitted activity, when located on the same lot therewith and occupying not more than twenty-five (25) percent of the area of such lot shall be considered a legal accessory building and use in C-1 Districts. A sign or other advertising display of a size not exceeding one (1) square foot for each foot of the front lot line included in the premises, when pertaining to the sale, rental or use of the premises on which the sign is located, or to goods or activities conducted therein, or when serving primarily as a directional sign or legal notice shall be considered a legal accessory use in C-1 Districts. The sign may be attached to the building or may be free standing, but in any case the building or post to which the sign is attached shall be on or back of the build- ing line and the sign shall not project more than fifteen (15) inches beyond the building line. No sign or portion of a sign shall project into a public alley. Signs larger in area than authorized in this section shall not be permitted except upon the approval of the City Planning Commission; pro- vided, however, that such approval shall be given only on condition that the sign will be properly maintained, will not become unsightly and will not become a menace to the public health, safety and welfare. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section 3. Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of the remaining portions of this ordinance. and provided further, that all notices required by the Zoning Ordinance, Ordinance No. 60 shall be given to interested parties. A roll call vote on the foregoing resolution resulted in the following: AYES: Okerstrom, Greene, Kane, Walker, Harsha, Angevine, Robinson NAYS: None The Chairman declared the foregoing resolution adopted and a ptblic hearing will I: be held to amend Zoning Ordinance No. 60 of the Zoning Ordinance of the City of Livonia whether or not to include banks in the C-1 Districts. 2064 The secretary announced the next item on the agenda was Petition M-112 by Wm. J. S. Seigh requesting permission to erect sign 8' high by 10' wide (80 sq. ft.) to advertise Square Deal Rental Co.'s trailer lot on the North side of Plymouth between Farmington and Merriman Roads and situated in the Southeast 1/4 of Section 27, Public Hearing May 20, 1958, taken under advisement. Mr. Seigh was present. Mr. Greene was excused at 11 :20 p.m. After a brief discussion and upon a motion duly made by Mr. Kane, supported by Mr. Angevine, it was #6-134-58 RESOLVED that, pursuant to a Public Hearing having been held May 20, 1958, the City Planning Commission does hereby grant petition of Wm. J. S. Seigh requesting permission to erect sign 8' high by 10' wide (80 sq. ft.) to advertise Square Deal Rental Co.'s trailer lot on the North side of Plymouth between Farmington and Merriman Roads and situated in the Southeast 1/4 of Section 27, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500,,feet, petitioner and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Okerstrom, Kane, Walker, Angevine, Robinson s NAYS: Harsha The Chairman declared the motion is carried and petition M-112 is granted. The Secretary announced the next item on the agenda was the Westrial Subdivision located on the Northeast corner of Ann Arbor Trail and Levan Road in the Southeast 1/4 of Section 32. Submitted by: Warner & Warner, Engineer for Mr. Herman Band. Date of submission, September 8, 1954, preliminary approval April 15, 1955. Re- petitioned for reaffirmation of approval. Public Hearing May 6, 1958 taken under advisement until information received from Bureau of Inspection relating to the shallow depth of the lots. The secretary read the letter received from the Inspection Bureau, after which there was a brief discussion. Upon a motion duly made by Mr. Walker, supported by Mr. Angevine, it was #6-135-58 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, May 6, 1958, the City Planning Commission does hereby give Warner & Warner, a reaffirmation of approval on preliminary plat, originally given April 15, 1955, on Westrail Subdivision located on the Northeast corner of Ann Arbor Trail and Levan Road in the Southeast 1/4 of Section 32, and FURTHER RESOLVED, noticejof the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Kane, Walker, Harsha, Angevine, Robinson NAYS: None NOT VOTING: Okerstrom, 4 2065 The Chairman declared the foregoing resolution adopted and reaffirmation of pre- III liminary approval is granted. Mr. H. Paul Harsha was excused at 11:35 p.m. The secretary announced the next item on the agenda was the proposed amendment to Section 4.13 of Ordinance No. 60 to regulate and govern the commercial removal of topsoil, sand and similar material. Mr. Robinson stated that this item will be tabled until a recommendation is received from the Bureau of Inspection. Mr. Robinson read letter dated May 16, 1958 from Sydney B. Bagnall, Chairman of the Finance and Insurance Committee, Livonia City Council, in relation to reim- bursing Planning Commission member who attends a meeting on behalf of the City of Livonia for lost wages. Upon a motion duly made by Mr. Kana, supported by Mr. Okerstrom and unanimously carried, it was #6-136-58 RESOLVED that, Planning Commission members who attend functions on behalf of the City of Livonia, be reimbursed for loss of wages, if any. The Chairman declared the motion is carried and resolution is adopted. Upon a motion 44 made by Mr. Angevine, supported by Mr. Kane and unanimously adopted the 87th Special Meeting was adjourned at approximately 11:40 p.m. / Zanri:e'g""S— R. L.Angevine, Secretary ATTESTED: William R. Robinson