HomeMy WebLinkAboutPLANNING MINUTES 1958-10-14 2198
MINUTES OF THE 96TH SPECIAL MEETING AND A PUBLIC HEARING
OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA
On October 14, 1958, the City Planning Commission of the City of Livonia held a
Public Hearing and the 96th Special Meeting at the Livonia City Hall, 33001 Five
Mile Road, Livonia, Michigan. Mr.Robert L. Angevine, Chairman called the Public
Hearing to order at approximately 8:10 p.m.
Members Present: Wilfred Okerstran, William R. Robinson, Robert L. Angevine,
H. Paul Harsha, Leonard Kane, Charles Walker, Robert Peacock,
Robert L.Greene
Members Absent: **Dennis Anderson
Mr. Dave McCullough, City Planner and Mr. Rodney Kropf, Ass*t. City Attorney were
present along with approximately 15 interested persons.
Mr. McCullough announced the first item on the agenda was Petition M-132 by Glenn
Powers for the Michigan Conference of Seventh-Day Adventists requesting permission
to construct a church edifice to be located on the Southeast corner of Middlebelt
and Sunnydale Avenue and situated in the Southwest 1/4 of Section 13. Mr. Glenn
Powers was present. There was a brief duscrossion as to parking facilities. Mr.
Harsha stated there did not seem to be any space for enlarging church.
Mr. Robinson suggested that this item be taken under advisement for further study
because of the re-evaluation of zoning study in relation to areas for church build-
ings, etc. Itwas felt that the recommendations of the planning consultant would be
obtained before any decision is made in this particular area.
There was no one in the audience who wished to speak either in favor or to object
to petition.
Mr. Angevine stated that this item would be taken under further advisement.
Mr. McCullough announced the next item on the agenda was Petition M-133 by the
Clarenceville Methodist Church requesting permission to build a church and parking
lot on the Southeast corner of Middlebelt and Morlock in the Northwest 1/4 of
Section 1. Mr. Harold E.Booth was present representing petitioner. The Commis-
sioners examined the plot plan of the church, ascertaining it involved approximately
5-1/2 acres. Mr. Booth stated there would be approximately 42 times more parking
available than will ever be needed.
**Mr. Dennis Anderson arrived .at 8:40 p.m.
There was no ine in the audience who wished to speak either in favor or in opposition
to petition.
Upon a motion duly made by Mr. Robinson, supported by Mr. Walker, it was
#10-278-58 RESOLVED that, pursuant to a 'Public Hearing having been held on
Tuesday, October 14, 1958, the City Planning Commission does
hereby grant petition M-133 by the Clarenceville Methodist Church
requesting permission to build a church and parking lot on the
Southeast corner of Middlebelt and Morlock Avenue in the Northwest
1/4 of Section 1, and
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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: Kane, Walker, Harsha, Robinson, Angevine
NAYS: None
NOT VOTING: Greene, Okerstrom, Anderson and Peacock
The Chairman declared the foregoing resolution is adopted.
Mr. McCullough announced the next item on the agenda was Petition M-131 by George
Matousek, Jr., requesting permission to conduct an open air display of nursery stock
and gardening supplies to be located on the North side of Seven Mile Road between
Farmington Road and Gill Road and situated in the Southeast 1/4 of Section 4. Mr.Geo.
Matousek, Jr. present at meeting, and explained this was to be a complete gardening
center with a florist shop. Only a small portion of the east side of his property
is in a C-1 zoning, the remainder being in AGB.
There were no other questions from the Commissioners and there was no one in the
audience who wished to speak either in favor or opposed to petition.
Mr. Angevine stated this item would be taken under advisement fur further study due to
the proposed rezoning in Section 4 which will have its public hearing on Tuesday, Oct-
ober 21, 1958.
Mr. Matousek stated he would prefer a decision in this matter tonight if at all
possible because the present zoning allows his type of business in this area. Re-
quested permission to remain until the end of the meeting tonight at which time the
Commissioners could study this section and make a decision tonight. Objected to
the proposed new rezoning. Mr. Kropf asked Mr. Matousek if he owned the property.
Mr. Matousek answered he did not and the purchase of the land is c ntingent upon the
approval by the City Planning Commission.
Mr. Angevine stated this item would be taken under advisement until later in the
evening.
Mr. McCullough announced the next item on the agenda was Petition M-130 by Randall
Signs requesting permission to erect two ground signs (2) as per sketch submitted;
overall size of open type sign, 19? x 39? at 31300 Five Mile Road located on the North
side of Five Mile Road between Merriman and Bainbridge Avenue and situated in the South-
west 1/4 of Section 14.
Mr. Randall, Mr. Lanzon, of the Randall Sign Company, and a representative from the
National Foods Stores were present andsubmitted a sketch of the proposed two signs.
It was determined that one sign would have a maximum height of 279 and the other one
would have a maximum height of 229; both signs would be 159 x 719 and the letters,
would be omitted from the signs. The plot plan of the area where the signs
( "Sanders"
are to be installed was also examined by the Commissioners. It was also determined
that this would not be a blinking sign, that they would be lit by spot lights.
There was no one in the audience who wished to speak either in favor or opposed to
petition.
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Upon a motion duly made by Mr. Robinson, supported by Mr. Kane, it was
#10-279-58 RESOLVED that, pursuant to a Public Hearings having been held
on Tuesday, October 14, 1958, the City Planning Commission does
hereby grant Petition M-130 by Randall Signs requesting permis-
sion to erect two signs located at 31300 Five Mile Road on the
North side of Five Mile Road between Merriman and Bainbridge in
the Southwest 1/4 of Section 14, subject to: one sign to have a
minimum height of 27/ and the other sign to have a maximum height
of 229; both signs/ overall size to be 151 x 7k?; both signs to
eliminate the word, "Sanders", 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: Greene, Okerstrom, Anderson, Peacock, Kane, Walker, Harsha,
Robinson and Angevine
NAYS: None
The Chairman declared the foregoing resolution adopted.
Mr. McCullough announced the next item on the agenda was Petition M-134 by Randall
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Signs requesting permission to erect a flat sign on front of building known as
31300 Five Mile Road located on the North side of Five Mile Road between Merriman
and Bainbridge and situated in the Southwest 1/4 of Section 14.
Mr. Randall and Mr. Lanzon representing petitioner, submitted plot plan of proposed
sign. It was determined that this sign would be approximately 859 long, with 59
letters - the building bang the background of sign. It would consist of plastic
letters illuminated within and would be attached flush on the face of the building,
projecting approximately 6"r to 8". This sign will not be of the flashing type.
There was no one in audience who wished to speak in favor or against petition.
Upon a motion duly made by Mr. Greene, supported by Mr. Kane and unanimously adopted,
it was
#10-280-58 RESOLVED that, pursuant to a Public Hearing having been held on
Tuesday, October 14, 1958, the City Planning Commission does here-
by grant Petition M-134 requesting permission to erect a flat
sign on front of building, and
FURTHER RESOLVED, notice of the above hearing was sent to property
owners within 500 feet, petitioner and City Departments listed in
the Proof of Service.
ICThe Chairman declared the foregoing resolution adopted.
Mr. McCullough announced the next item on the agenda was Petition TA-42 by the
Pershing Sand Company requesting permission to remove sand and top soil from Parcels
M1, L and K3 located on the Northeast corner of Schoolcraft and Levan Road in the
Southeast 1/4 of Section 20.
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Mr. S. Polgar, attorney for the Pershing Sand Company was present along with Mr.
Jack Johnson, petitioner and Mr. Harry Kaufman.
Mr. McCullough submitted letters dated October 13, 1958 from the Livonia Public
Schools, from the Livonia Police Department dated October 7, 1958 and from the
Engineering department dated October 10, 1958.
Mr. Walker, Chairman of ;the Topsoil Committee stated that the present request from
the Engineering Department was agreeable to the committee, in relation to the removal
of the sand commencing at the drain and pros sing south to Schoolcraft. Felt that
the committee would not like to see them go beyond the drain; removing nothing
north of the drain. Stated also that the stockpile should be against the wooded
area and to reserve as many of the large trees as possible and requested the
acreage involved.
Mr. Polgar stated there were approximately 30 acres of useable land and they would
be very happy to comply with any recommendations from the committee. Stated also
their primary objective was the removal of the sand.
Mr. Peacock stated that the drain should be protected when sand and topsoil is removed
on one portion north of the drain and east of the property. Mr. Polgar stated that
if it is necessary to go across the drain, that culverts will be installed in order
to be able to do this and that the drain will be kept free and clear at all times.
It was also determined that nothing will be removed below the established grade.
It will be a gradual removal maintaining the established grade.
There was no one in audience who wished to speak in favor or against petition.
Upon a motion duly made by Mr. Walker, supported by Mr. Peacock, and unanimously
adopted,it was
#10-281-58 RESOLVED that, pursuant to a Public Hearing having been held on
Tuesday, October 14, 1958, the City Planning Commission does
hereby grant Application TA 42 by Pershing Sand Company request-
ing permission to remove sand and topsoil on Parcels Ni, L and
K3 located on the Northeast corner of Schoolcraft and Levan
Road in the Southeast 1/4 of Section 20, and
FURTHER RESOLVED, that approval is granted subject to the petitioner
complying with all the requirements of the Police Department, Engineer-
ing and Building Departments and that a performance bond be fixed on
the above application at $500 per acre and it is recommended that the
Bureau of Inspection issue a permit to this effect, and
FURTHER RESOLVED, notice of the above hearing was sent to the
property owners within 500 ft., petitioner, City Departments as
listed in the Proof of Service, and recommendations having been
obtained from the Department of Public Works under date of October
10, 1958 and from the Police Department under date of October 7,
1958.
IE
The Chairman declared the foregoing resolution adopted.
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Upon a motion duly made by Mr. Robinson, supported by Mr. Kane and unanimously
Irg adopted, it was
#10-282-58 RESOLVED that, this Public Hearing be duly adjourned at approximately
8:55 p.m. on Tuesday, October 14, 1958.
Mr. Angevine called the 96th Special Meeting to order with all those present at the
close of the Public Hearing present now.
Mr. McCullough announced the next item on the agenda was a:motion by the City
Planning Commission to hold a public hearing to determine whether or not to rezone
Sections 12, 13, 22, 23 and 24 and the South halves of Section 14 and Section 15,
as per the Master Pattern and re-evaluation of zoning study.
Upon a motion duly made by Mr. Robinson, supported by Mr. Kane and unanimously adopt-
ed it was
#10-283-58 RESOLVED that, the City Planning Commission on its own motion does
hereby provide for a Public Hearing to be held in the City Hall
of the City of Livonia for the purpose of rezoning portion of Sections
12, 13, 22, 23, 24 and the south halves of Section 14 and 15 in ac-
cordance with the zoning indicated on the Proposed Master Pattern of
the Re-evaluation of Zoning Study.
IT IS FURTHER RESOLVED that, notice of the time and place of said
meeting be published in a newspaper of general circulation in the
City of Livonia and that proper notice by registered mail be sent to
each public utility company and railroad company owning or operating
any public utility or railroad within the area of the City of Livonia
in accordance with the provisions of Act 285 of the Public Acts of
Michigan, 1931, as amended.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Okerstrom, Anderson, Kane, Greene, Rcbinson, Angevine, Harsha,
Walker and Peacock
NAYS: None
The Chairman declared the following resolution was adopted.
Mr. McCullough announced the next item on the agenda was the motion by the City Plan-
ning Commission tohold a public hearing to determine whether to not to amend the
Zoning Ordinance by amending Section 10.02 of Article 10.00 (to allow dry-cleaning
plants in C-1 districts).
Upon a motion duly made by Mr. Robinson, supported by Mr. Kane and unanimously adopt-
ed, it was
#10-284-58 RESOLVED that, pursuant to Section 20.01 of kthe Zoning Ordinance of
the City of Livonia, Zoning Ordinance No. 60, as amended, the City
IC: Planning Commission at this time on its own motion does hereby provide
for a Public Hearing to be held to determine whether or not to amend
Section 10.02 of Article 10.00 of Ordinance No. 60, as amended,
entitled, "Zoning Ordinance of the City of Livonia", as follows:
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AN ORDINANCE AMENDING SECTION 10'..02
OF ARTICLE 10.00 OF ORDINANCE NO. 60,
AS AMENDED, ENTITLED "ZONING ORDINANCE
OF THE CITY OF LIVONIA."
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 10.02 of Article 10.00 of Ordinance No. 60, as amended,
entitled "Zoning Ordinance of the City of Livonia", is hereby amended by adding
thereto Subsection (h);
Section 10.02 Uses Permitted. In all C-1 Districts no building or
land, except as otherwise provided in this ordinance, shall be erected or
used except for one or more of the following uses:
(a) All uses permitted in an R-2 District
(b) Retail stores, business and professional offices, public utility
buildings, newspaper distributing stations and restaurants.
(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 Department 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 ordinance
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 re-
quired to produce such merchandise.
(e) Personal service shops such as barker 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.
(f) A gasoline and oil service station, when approved 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)
1[1: percent of the area of such lot '..shall be considered a legal accessary
building and use in C-1 Districts. A sign or other advertising dis-
play 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
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li] 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 tha building 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 sectio shall not bePrided
mitted except upon the approval of the City Planning Commission;//iow-
ever, that such approval shall be given onlycn 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.
(h) Dry cleaning establishments subject to the approval of the City
Planning Commission as being essential and desirous to the public
convenience and welfare, not injurious to the surrounding neighbor-
hood and not contrary to the spirit and purpose of this ordinance;
•rovided however that in considerin: such .ro.osed use the commis-
sion shall consider the following factors and standards:
1 (1) Descristion and .lot 'Lan of site u..n which establishment
is to be built;
(2) That dry cleaning establishments shall use Class IV Systems
as that term is defined in the City of Livonia Fire Prevention
Code and where the cleaning, drying and deodorizing process is
completed entirely within fluid tight machines, systems or
apparatus, the same shall be vented to the open air at a point
not less thaneight (8) feet from any window or other opening
and shall be so used and operated to prevent the escape of fumes,
gases and vapors therefrom, into the workrooms and work spaces
in •uantities in urious to the health of em•lo'ees• and
(3) That such establishment shall in all respects be constructed,
operated and maintained in accordance with the provisions contain-
(
ed herein and with all other requirements of the ordinances of
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the City of Livonia and laws of the State of Michigan.
Section 2. All ordinances or parts of ordinances in conflict herewith are
repealed only to the extent necessary to give this 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.
that a hearing be held and that notice be given as provided in Section
20.01 of the Zoning Ordinance, Ordinance No. 60, of the City of
Livonia and that there shall be submitted a report and recommendation
thereon to the City Council.
The Chairman declared the foregoing resolution adopted.
Mr. McCullough announced the next item on the agenda was a motion by the City Plan-
ning Commission to hold a public hearing to determine whether or not to amend Article
10.00 and 11.00 of the Ordinance No. 60, as amended, by adding thereto Sections 10.17
and 11.19 (Commercial Setback)
Upon a motion duly made by Mr. Anderson, supported by Mr. Kane and unanimously
adopted it was,
#10-285-58 RESOLVED that, pursuant to Section 20.01 of the Zoning Ordinance
of the City of Livonia, Zoning Ordinance No. 60, as amended, the
City Planning Commission at this time on its own motion does hereby
provide for a Public Hearing to be held to determine whether or not
to amend Articles 10.00 and 11.00 of Ordinance No. 60, as amended,
by adding thereto Sections 10.17 and Section 11.19 as follows:
AN ORDINANCE AMENDING ARTICLES 10.00
AND 11.00 OF ORDINANCE NO. 60, AS
AMENDED, ENTITLED "ZONING ORDINANCE
OF THE CITY OF LIVONIA" BY ADDING
THERETO SECTIONS 10.10 and 11.19
THE CITY OF LIVONIA ORDAINS:
Section 1. Article 10.00 of Ordinance No. 60, as amended, entitled ('Zoning
Ordinance of the City of Livonia", is hereby amended by adding thereto the following
section:
Section 10.17 Setback Line. No building shall be erected, reconstructed
or altered in any C-i District with its street wall nearer than forty (40)
feet from the front lot line of the lot upon which such building is to be con-
structed; and provided further, that on corner lots, no building shall be
erected with its street wall nearer than twenty-five (25) feet from the side
lot line of the parcel or parcels upon which such building is to be erected;
and provided further that notwithstanding the foregoing provisions of this
section there any such lot abuts a major thoroughfare having an existing or
planned width of eightysix (86) feet or more as shown on the Master Thorough-
fare Plan, the setback shall be measured from the outside boundaries of such
E major thoroughfare as shown on the said Master Thoroughfare Plan. In cases
where special hardships or inequities due to special conditions can be shown
to exist the above setback provisions may be adjusted by the Zoning Boafgrof
Appeals after a public hearing with notice of such hearing as provided/in the
Zoning Ordinance.
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Section 2. Article 11.00 of Ordinance No. 60, as amended, entitled "Zoning
Ordinance of the City of Livonia", is hereby amended by adding thereto the following
section:
Section 11.19 Setback Line. No building shall be erected, reconstructed
or altered in any C-2 District with its street wall nearer than forty (40)
feet from the front lot line of the lot upon which such building is to be
constructed; and ,provided further, that on corner dots, no building shall be
erected with its street wall nearer than twenty-five (25) feet from the side
lot line of the parcel or parcels upon which such building is to be erected;
and provided further that notwithstanding the foregoing provisions of this
section where any such lot abuts a major thoroughfare having an existing or
planned width of eightsix (86) feet or more as shown on the Master Thorough-
fare Plan, the setback shall be measured from the outside boundaries of such
major .thoroughfare as shown on the said Master Thoroughfare Plan. In cases
where special hardships or inequities due to special conditions can be shown
to exist, the above setback provisions may be adjusted by the Zoning Board
of Appeals after a Public Hearing with notice of such hearing as provided for
in the Zoning Ordinance.
Section 2, All ordinances of parts of ordinances in conflict herewith are
hereby repealed only to the extent necessary to give this ordinance full force and
effect.
Section 4. Should any portion of this ordinance be held invalid for any reason,
such holding shall not be construed as affecting the validity of any of the remain-
ing portions of this ordinance.
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that a hearing be held and that notice be given as provided in Section
20.01 of the Zoning Ordinance, Ordinance No. 60, of the City of
Livonia and that there shall be submitted a report and recommendation
thereon to the City Council.
The Chairman declared the foregoing resolution adopted:
Mr. McCullough announced the next item on the agenda was a motion by the City Plan-
ning Commission to hold a public hearing to determine whether or not to amend Section
4.13 of Ordinance No. 60 as amended, entitled "Zoning Ordinance of the City of Livonia''
(Topsoil Ordinance).
Upon a motion duly made by Mr. Kane, and supported by Mr. Peacock and unanimously
adopted, it was
#10-286-58 RESOLVED that, pursuant to Section 20.01 of the Zoning Ordinance of
the City of Livonia, Zoning Ordinance No. 60, as amended, the City
Planning Commiss ion at this time on its own motion does hereby provide
for a Public Hearing to be held to determine whether or not to amend
Section 4.13 of Ordinance No. 60, as amended, as follows:
AN ORDINANCE AMENDING SECTION 4.13
OF ORDINANCE NO. 60, AS AMENDED, ENTITLED
"ZONING ORDINANCE OF THE CITY OF LIVONIA"
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 4.13 of Article 4.00 of Ordinance No. 60 as amended,
entitled "Zoning Ordinance of the City of Livonia" is hereby amended to read as
follows:
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II] Section 4.13 Removal of Soil. No person, firm or corporation shall
remove, excavate, extract or transport or cause to be removed, excavated,
extracted, transported or stock-piled for such removal any soil from any
land within the City of Livonia unless and until a permit therefor has
first been obtained from the City of Livonia. The word "soil", for all
purposes of this ordinance, is hereby defined to mean and include land,
earth, dirt, clay, sand, gravel, soil components, minerals and kindred
substances.
be
No soil removal permit ._shall hereinafter issued unless and until
the City Planning Commission does, by resolution (a) determine that the
proposed soil removal and/or excavation operations will not be injurious
to the public health, safety and welfare; (b) approves the application for
a soil removal permit; and (c) authorizes the issuance of a soil removal
permit. Such approval shall be good for a period of thirty (30) days
within which time the applicant must obtain from the Bureau of Inspection
a topsoil permit.
All soil removal and excavation permits where authorized, shall be
issued by the Bureau of Inspection after full compliance by the applicant
of all terms and provisions of this section relating thereto.
Applications for soil removal and/or excavation permits, verified
under oath, shall be filed, in quadruplicate, with the Burcau of Inspection.
Such applications shall be accompanied by and set forth fully the following
information:
(a) The full .name, address and signature of the applicant; a full
and complete legal description of the land on which the soil
removal and/or excavation cperations are proposed, the names,
addresses and signatures of the owner or owners of such land; a
detailed description of the nature and extent, including the
amount of acreage, of the proposed operations so that the
character thereof and the effect upon such land can readily be
ascertained; a description of the equipment and vehicles to be
used in the proposed operations; the time within which such
operations shall be commenced and completed, and an agreement
on the part of the applicant and owner, or owners, to fully
comply with all the ordinances, rules and regulations of the
City of Livonia and all its departments.
(b) A topographical survey, dated and certified by a registered
land surveyor showing, in detail, the existing grade elevations,
the proposed or finished grade elevation and the contour of the
land described in the application. The survey shall also indi-
cate the grade and elevation of all the nearest existing streets;
provided that in those cases where the applicant desires to
remove soil from land that has been or is being platted and a
proposed subdivision has been approved or will be submitted to
the City of Livonia, then the applicant shall submit, in addition
to the ab ove survey, a plat clearly indicating the grade elevations
of the proposed streets in such subdivison.
(c) A license, witnessed and acknowledged as in the case of a
deed, granting to the applicant (if the applicant is not the owner),
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the person or persons executing the corporate surety bond
required hereafter and the City of Livonia, severally, the
right to enter upon said premises, describing them, and by
filling and grading such premises, restore the same and bring
it to the normal building grade as established from the near-
est :existing or proposed street as the case may be.
The Bureau of Inspection shall forward a copy of such application
and topographical survey to the Police Department, the Engineering
Division and the City Planning Commission.
(a) The Police Department shall examine the application to deter-
mine whether or not the proposed operations will interefere with
the enforcement and administration of traffic lam. The recom-
mendation of the Police Department shall be transmitted to the
City Planning Commission.
(b) The Engineering Division shall examine and investigate the
application and topographical survey to determine the existing
grade elevation of the property described in same. The City
Engineer shall recommend approval of the application only if it
appears from his examination and investigation that no soil will
be removed below the normal building grade as established from
the nearest existing or proposed streets, as the case may bei
The recommendation of the Engineering Division shall be trans-
:: mitted to the City Planning Commission.
The City Planning Commission shall examine the application and
topographical survey, together with the above recommendations. The com-
mission shall not approve any application to remove soil below the
normal building grade as established from the nearest existing or pro-
posed street; similarly, no application shall be approved where the
proposed operations, in the opinion of the commission, would result in
land becoming unwholesome, unhealthy, offensive, filthy or otherwise
obnoxious. If, in the opinion of the commission, there is sufficient
soil available above the normal building grade and the proposed
operations will not endanger the public health, safety and welfare,
then the commission may approve the application. The approval shall
be by resolution; such resolution shall also authorize the issuance
of a soil removal permit subject to any restriction or condition
which the commission may specify in approving the application upon the
payment of the permit fee and filing of the bond hereinafter provided.
Where an applicant requests permission to remove soil from land
that has been platted and approved for subdividing by the City of
Livonia, the grade elevation of the streets in the proposed subdivision
may be used as a basis for determining the normal building grade. The
applicant is herein required to present substantial evidence of the
grade elevation of such proposed streets.
1[1: Notwithstanding any of the provisions of this section, no soil
shall be removed below the normal building grade as established from
the nearest existing or proposed street, by the Engineering Division.
No soil shall be removed in such a manner as to cause water to collect
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or as to result in a menace or danger to the public health, safety
and welfare. No soil shall be removed in such manner as to leave
the surface of the land below such established grade or unfit for
the growing of turf and other land uses permitted in the district
in which such removal occurs. The Engineering Division at any time
may fully inspect or examine land from which it is proposed to remove
or excavate soil, for the purpose of making any determination as to
grades or otherwise. The holder of a permit shall during such re-
moval, provide for drainage in such manner as may be approved by
the Engineering Division of the Department of PublicWorks.
The fee for such permit is fixed by Section 18.04 of this
ordinance. No permit shall be transferable. Such permit shall
specify the pericddfor which it is granted, which shall in no case
be longer than one (1) year from the date of iset ance. A permit
may be revoked by the Bureau of Inspection whenever the holder of
such permit has violated any of the provisions of the ordinances,
rules and regulations of the City of Livonia or whenever the exercise
of the rights granted by such permit have caused or is reasonably
likely to cause a menace or danger to the public health, safety or
welfare.
No permit shall be issued until the applicant and owner or
owners have furnished a corporate surety bond, conditioned on the
full performance by the holder of the permit of all the provisions
of this section, due compliance with the laws of the State and
ordinances of the City of Livonia and payment of any and all claims
of the City of Livonia and/or any person or persons arising out of
any operation under or use of such permit, or any violation of said
laws or ordinances; such bond shall also be specifically conditioned
upon the holder of the permit, at all times, maintaining the pre-
mises upon which the removal of soil or excavating is being performed,
in a safe and proper condition, and that said permit holder will,
upon completion of such operation leave or restore the said land to
the normal building grade level (as established by the Department of
Public Works), remove and abate all offensive conditions, all un-
healthy, unwholesome, obnoxious, filthy and unsanitary conditions,
drain stagnant water existing and resulting from such removal of soil
or excavating. Every bond shall be in such amount as may be fixed by
the City Planning Commission sufficient to pay the cost of filling
and grading the land, on which such operations are undertaken, to
the normal building grade (as established by the Department of Public
Works). Such bond shall be for an indefinite period until released
and discharged, upon recommendation of the Engineering Division and
Bureau of Inspection, by resolution of the City Planning Commission
adopted at a regular meeting of that body. The bond shall be in
such form as may be approved by the City Attorney.
This section shall apply to the commercial removal of soil and
shall not apply to the moving, grading or leveling of soil within a
parcel of land for reasonably immediate use upon such parcel of land,
nor shall this section apply to such removal of soil as the Bureau of
Inspection may determine to be reasonably necessary in the construction
of basements, foundations, footings, driveways, undergound utilities
2210
and parking areas, nor shall this section apply to the removal of
grass sod grown for commercial purposes where the Bureau of Inspection
determines that such removal will not cause water to collect, result
in poor drainage conditions or constitute a menace to public health
and safety; provided, however, that a determination that this section
does or does not apply in the above instance shall always be made in
writing by the Bureau of Inspection on written application of any
person desiring to remove sod. Where a lot or parcel of land is used
for the commercial growing and removal of grass sod, a permit for such
use shall be obtained from the Bureau of Inspection. Where an appli-
cant has been denied a permit for the removal of sod, he may appeal
from the determination of the Bureau of Inspection to the Zoning Board
of Appeals.
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.
that a hearing be held and that notice be given as provided in Section
20.01 of the Zoning Ordinance, Ordinance No. 60 of the City of Livonia
and that there shall be submitted a report and recommendation thereon
i
to the City Council.
The Chairman declared the resolution is adopted.
Mr. McCullough announced the next item on the agenda was a motion by the City Planning
Commission to hold a public hearing to determine whether or not to amend Section 4.04
of Ordinance No. 60, pursuant to request from the City Council #524-58. (Easement
and Grades)
Upon a motion duly made by Mr. Robinson, supported by Mr. Anderson and unanimously
adopted it was
#10-287-58 RESOLVED that, pursuant to Section 20.01 of the Zoning Ordinance
of the City of Livonia, Zoning Ordinance No. 60, as amended, the
City Planning Commission at this time does hereby provide for a
Public Hearing to be held, pursuant to request by the City Council
Resolution #524-58, to determine whether or not to amend Section
4.04 of Ordinance No. 60, as amended, as follows:
AN ORDINANCE AA'rENDING SECTION 4.04 OF
ORDINANCE NO. 60, AS AMENDED, OF THE '
CITY OF LIVONIA ENTITLED, "ZONING
ORDINANCE OF THE CITY OF LIVONIA".
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 4.04 of Ordinance No. 60, as amended by the City of
Livonia entitled,"Zoning Ordinance of the City of Livonia", is hereby amended to
read as follows:
2211
Section 4.04 Building and Easement Grades.
IL: (a) Any building requiring yard space shall be located at such
an elevation that a sloping grade shall be maintained to cause the
flow of surface water to run away from the walls of the building.
A building grade line (sometimes referred to as the finish grade or
finish grade line) shall mean the elevation of the ground adjoining
the building on all four sides. A first floor elevation shall mean
the height which the fi st floor extends above the building grade.
A sloping earth grade beginning at the sidewalk level shall be main-
tained and established from :the center of the front lot line to the
finish grade line at the front of the building and from the rear wall
of the building to the rear lot line. The height of the finish grade
line of any dwelling shall not be less than twelve (12) inches nor
more than eighteen (18) inches above the average front sidewalk
elevation. The first floor elevation shall be not less than six (6)
inches nor more than twenty-six (26) inches above the finish grade
line of the building. When a new building is being constructed on
a vacant lot between two (2) existing buildings or adjacent to an
existing building, the existing established grade shall have priority
over determining the grade around the new building, and the yard
around the new building shall be graded in such a manner as to meet
existing grades and not to permit runoff of surface water to flow onto
the adjacent properties. Grades shall be approved by the Department
of Public Works. Whenever the natural drainage of the land is such
as is likely to or will cause the flow of surface water to be from the
front yard to the rear 'ard, the building grade may be established
otherwise than hereinbefore •rovided• rccided hcwever ' that in all
such cases the altered design shall be submitted to and approved by the
Engineering Division of the Department of Public Works.
(b) Where any lot, part or parcel of land, has located upon it
a duly recorded easement for any purpose whatsoever, that portion of
such land whereon the easement exists shall be graded as indicated by
the Department of Public Works, and in no event shall be graded so as
to obstruct or substantially slow down the natural flow of surface
water across such easement. The grade in easements shall in all cases
be subject to the approval of the Department of PublicWorks.
Section 2. Ordinance No. 157 is hereby repealed as of the date this
ordinance takes effect. All other 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 remain-
ing portions of this ordinance.
that a hearing be held and that notice be given as provided in Section
20.01 of the Zoning Ordinance, Ordinance No. 60 of the City of Livonia
and that there shall be submitted a report and recommendation thereon
to the City Council.
The Chairman declared the foregoing resolution is adopted.
2212
Mr. McCullough announced the next item on the agenda was a motion by the City Plan-
ning Commission to hold a public hearing to determine whether or not to-amend Sub-
section (k) of Section 11.02 of the Zoning Ordinance of the City of Livonia, as
amended; (Motor Court and Motel Regulations)
Upon a motion duly made by Mr. Kane, supported by Mr. Anderson and unanimously adopt-
ed, it was
#10-288-58 RESOLVED that, pursuant to Section 20.01 of the Zoning Ordinance of
the City of Livonia, Zoning Ordinance No. 60, as amended, the City
Planning Commission at this time on its own motion does hereby
provide for a Public Hearing to be held to determine whether or not
to amend sub-section (k) of Section 11.02 of Ordinance No. 60, as
amended, as follows:
AN ORDINANCE AMENDING ARTICLE 11.02
OF ORDINANCE NO. 60, AS AMENDED,
ENTITLED "ZONING ORDINANCE OF THE CITY
OF LIVONIA" BY AMENDING SUB-SECTION (k)
THE CITY OF LIVONIA ORDAINS:
(k) Motor courts or motels after approval of the City Planning Commission.
The City Planning Commission may permit motor courts or motels in C-2 Districts
after a public hearing is held and it is established by written instrument that
sixty percent (60%) of the property owners within a radius of five hundred (500)
feet from any part of the motor court or motel site have no objec-
tion to said use and provided further that a lot area equal to that required
for a single family residence shall be provided for management, and that each
unit provides a lot area of one thousand (1,000) 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 area of eighty (80) square feet or more,
and provided that each building shall have; two (2) side yards of not less
than twenty (20) feet each, however, when a side yard abuts a side street
then such side yard shall not be less than twenty-five (25) feet; a front yard
of not less than twenty-five (25) feet; a rear yard of not less than forty
(4.0) feet; and further, that no separate buildings shall be less than forty
(40) feet apart; and provided further that each unit shall have one (1) room
of not less than one hundred fifty (150) square feet of floor area, a bath-
room of not less than twenty-five (25) sq uare feet cf .floor area,ard a
kitchenette of not leis than fifty (50)= square feet cf floor area, if a kitch-
enette is to be provided; and provided, however, that the building height
shall not exceed two stories or thirty (30) feet.
Notwithstanding the above regulations, The Planning Commission shall not
grant its approval of any motor court or motel unless and until the commission
determines that the following standards can and shall be complied with:
(a) The front yard and side yard adjacent to a public street shall
be landscaped in accordance with a plan prepared by the applicant
Iril and approved by the Parks and Recreation Department and shall be
maintained in a clean, ne t and healthy growing condition at all
times. Where a front yard is used as an access road and/or to pro-
vide off-street parking space, a planting strip not less than eight
(8) feet wide shall be provided and maintained along the front lot
2213
line, two driveway openings not more than twenty-six (26) feet in
width excepted, as a landscaped area with a low continuous hedge
or other planting plan; such plan approved of by the Parks and Recre-
ation Department shall be submitted to the City Planning Commission
before the commission shall grant its approval of said use.
(b) A five (5) foot high chain link fence shall be erected and main-
tained on all motor court or motel boundary lines not bordering on
a public street.
(c) A greenbelt planting strip not less than eight (8) feet in width
subject to the approval of the Parks and Recreation Department shall
be located along all motor court or motel boundary lines not border-
ing on a street.
(d) No business of any kind, other than the motor court business
shall be conducted on any motor court.
Any approval of a motor court or motel shall be granted by the Planning
Commission on the condition that the above standards and requirements are
complied with satisfactorily.
FURTHER RESOLVED, that a hearing be held and that notice be given
as provided in Section 20.01 of the Zoning Ordinance, Ordinance No.
60 of the City of Livonia and that there shall be submitted a re-
port and recommendation thereon to the City Council.
The Chairman declared the foregoing resolution adopted.
Mr. McCullough announced the next item on the agenda was Petition Z-306 by Russel
J. Lechel, Sr. and wife, Madonna M. Lechel asking for change of zoning on parcel of
land located on the Southeast corner of Hoy Road and Flamingo Avenue in the North-
west 1/4 of Section 23 from RUF to RU. Public Hearing September 9, 1958, taken
under advisement; study meeting September 30, 1958.
Upon a motion duly made by Mr. Robinson, supported by Mr. Kane, it was
#10-289-58 RESOLVED that, pursuant to a Public Hearing having been held on
September 9, 1958 on Petition Z-306 as submitted by Russel Lechel,
Sr. and Madonna M. Lechel asking for a change of zoning in the
Northwest 1/4 of Section 23 from RUF to RU, the City Planning Comm-
ission does hereby recommend to theCity Council that Petition Z-306
be granted, and
FURTHER RESOLVED, notice of the above hearing was published in
the official newspaper, The Livonian, under date of August 21,
1958 and notice of which hearing was sent to The Detroit Edison
Col, Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co.,
The Consumers Power Co.,City Departments and petitioner as list-
in in the Proof of Service.
1[40
Mr. Walker requested a recommendation from the City Planner. Mr. McCullough stated
that he felt there was no harm in granting this petition. Mr. Walker stated he
felt that this whole area should be RU instead of just this one parcel.
•
2214
Mr. Okerstrom stated that there has been quite a bit of comment in regard to the
IIIsubdivision restrictions also that the subdivision is trying to rezone the entire
subdivision to RU. They are working on it at the present time and because of this
would rather see petition tabled until some decision has been made. Stated further
that he would prefer to see this subdivision revise the classification from "B" to
"A" which he understood they will do at this time when tthey revise their sub-
division restrictions.
Mr. Greene stated that they should have notified the Commission of this study.
Mr. Walker stated they had spolen to a few of the Commissioners tonight and had re-
quested the Planning Commission to table any decision to grantor deny until they
had made a decision so that the entire subdivision is rezoned rather than one parcel.
Mr. Angevine stated there was,a motion on the floor which had been supported, to
grant the petition and asked Mr. Robinson to call the roll for a vote on this motion.
AYES: Anderson, Kane, Harsha, and Robinson
NAYS: Greene, Okerstrom, Peacock, Walker and Angevine
The Chairman dtated that the motion was not carried, the resolution is not adopted,
Upon a motion duly made by Mr. Okerstrom, supported by Mr. Robinson, it was
#10-290-58 RESOLVED that the City Planning Commission does hereby table
111 Petition Z-306 as submitted by Russel and Madonna Lechel re-
questing a change of zoning of parcel of land located in the
Northwest 1/4 of Section 23 from RUF to RU, until the next
regular meeting in November, in order that the B.E.Taylor's
Green Acres Association may have time to revise their sub-
division restrictions and recommend one type of zoning for
subdivision.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Greene,Anderson, Okerstrom, Peacock, Walker, Harsha,
Robinson and Angevine.
NAYS: None
It was determined that a copy of the foregoing resolution would be forwarded to Mr.
Arthur Fisher of the B. E. Taylor's Green Acres Association.
Upon a motion duly made by Mr. Peacock, supported by Mr. Okerstrom and( unanimously
adopted it was
#10-291-58 RESOLVED that pursuant to a Public Hearing having been held on
September 9, 1958 on Petition Z-307 as submitted by Donald C.
Deremo on behalf of Herman J. Giovanni for a change of zoning
in the Southeast 1/4 of Section 13 from C-1 to C-2, the City
planning Commission does hereby recommend to the City Council
that after having listened to the ojbections of adjoining prop-
erty owners, that Petition Z-307 be denied for the following
reasons:
2215
III 1. That such rezoning is not in harmony with the present
development of the surrounding area and likewise is not
in accordance with the comprehensive zoning plan of the
City of Livonia; and
2. that such request, if granted, would be detrimental to
the orderly development and growth of the surrounding
community and would make likely the establishment of
uses detrimental to the peaceful enjoyment of surround-
ing residential property.
FURTHER RESOLVED, notice of the above hearing was published in the
official newspaper, The Livonian, under date of August 21, 1958 and
notice of which hearing was sent to The Detroit Edison Company, Chesa-
peake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers
Power Co., City Departments and petitioner as listed in the Proof of
Service.
The Chairman declared the foregoing resolution adopted.
Mr. McCullough announced the next item on the agenda was Petition Z-297 by James
N. Canham on behalf of the Kirk Land Company is asking for a change of zoning on
parcel of land located between Amrhein Road and Plymouth Road and approximately
200f't. East of Eckles Road in the Southwest 1/4 of Section 30 from RUFB to M-1
Public Hearing September 9, 1958; taken under advisement. Study Meeting September
III 30,'1958.
IIIUpon a motion duly made by Mr. Walker, supported by Mr. Peacock and unanimously
adopted, it was
#10-292-58 RESOLVED that, pursuant to a Public Hearing having been held on
September 9, 1958 on Petition Z-297 as submitted by James N. Can-
ham on behalf of the Kirk Land Company for a change of zoning in
the Southwest 1/4 of Section 30 from RUFB to M-1, the City Council
that Petition Z-297 be granted, and
FURTHER RESOLVED, notice of the above hearing was published in the
official news er, The Livonian, under date of August 21, 1958 and
notice was sent to The Detroit Edison Co., Chesapeake & Ohio Railway
Co., Michigan Bell Telephone Co., The Consumers Power Co., City Depart-
ments and petitioner as listed in the Proof of Service.
The Chairman declared the foregoing resolution is adopted.
It was determined that the balance of the property presently zoned RUF which is
located between the Commercial and the property re-zoned M-1 in Petition A-297
would be rezoned to M-1 when this section is rezoned, in relation to the Master
Pattern, at the Public Hearing October 21, 1958.
Mr. McCullough announced the next item on the agenda is Petition Z-312 by the City
Planning Commission on its own motion to determine whether or not Section 4.45 of
Article 4.00 of the Zoning Ordinance, Ordinance No. 60 should be amended. Public
hearing, September 9, 1958, item taken under advisement. Special meeting September
23, 1958, taken under advisement; study meeting September 30, 1958•
2216
111 Mr. McCullough submitted a copy of a proposed ordinance which had been drafted after
the public hearing on the aforementioned Petition Z-312 which incorporated a few
changes that the Commission had suggested at the Study Meeting held September 30,
1958. These changes were in relation to the height of the protective wall and
whether or not it should be stated that it is abutting a developed residential
district or not.
Mr. Greene stated that the way the ordinance is written now, he understands that if
the commercial development is first in an area, that the commercial developer would
stand the whole cost of the wall; and if it is the residential that is in the area
first, the residential developer would have to stand the cost. He asked what if they
were simmiltaneous. Felt that the Commission shou')t provide for this if it should
happen.
Mr. Anderson felt since it is the Commercial the Commission is trying to screen from
the residential, that the Commercial developer should be made to pay for the protec-
tive wall.
Mr. Walker concurred with Mr. Greene.
Mr. Kropf stated that the Commission could require both of them to pay for it but
felt that this would not happen very often - it would be an exception.
Mr. Levine, Burt Homes, Inc. stated it was his feeling that the Commercial developer
should be made to pay for the protective wall.
IIIMr. Harsha stated that the present amended ordinance does not stipulate who is to
build the wall which he felt it should.
Mr. Kropf suggested the Commission grant the petition as it was published in order
that some protective measure can be taken and that another public hearing be held on
an amended ordinance to take care of any changes the Commission wishes to make.
'noon a motion duly made by Mr. Robinson, supported by Mr. Peacock, it was
#10-293-58 RESOLVED that, pursuant to a Public Hearing having been held on
September 9, 1958 on Petition Z-312 by the City Planning Commission
on its own motion, the City Planning Commission does hereby recom-
mend to the City Council that Petition Z-312 be granted, and
FURTHER RESOLVED, notice of the above hearing was published in the
official newspaper, The Livonian, under date , of August 21, 1958
and notice of which hearing was sent to The Detroit Edison- Co.,
Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The
Consumers Power :Company, City Departments as listed in the Proof
of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Greene, Andersonk Okerstrom, Peacock, Kane, Walker, Robinson
II: and Angevine
NAYS: Harsha
The Chairman declared the foregoing resolution is adopted.
2217
Upon a motion duly made by Mr. Anderson, supported by Mr. Peacock and unanimously
adopted, it was
#10-294-58 RESOLVED that, pursuant to Section 20.01 of the Zoning Ordinance of
the City of Livonia, Zoning Ordinance No. 60 as amended, the City
Planning Commission on its awn motion at this time does hereby pro-
vide for a Public Hearing to be held, to determine whether or not
Section 4.45 of Article 4.00 of the Zoning Ordinance should be
amended as follows:
THE CITY OF LIVONIA ORDAINS:
Section 1. Section 4.45 of Article 4.00 of Ordinance No. 60, as amended, entitled
"Zoning Ordinance of the City of Livonia", is hereby amended to read as follows:
Section 4.45 Protective Walls Notwithstanding other provisions of this
ordinance where off-street parking areas or rear yards of commercial proper-
ties adjoin or are contiguous to any residential districts or districts,
whether or not said residential district has been developed, the owner
of the commercial land shall provide and construct a continuous, unpierced
and reinforced poured concrete, hardburned or brick wall not less than
five (5) feet nor more than six (6) feet in height to adequately screen
such parking or commercial district from abutting residential districts,
the height of said wall to be measured from the surface of the parking
or commercial lot. Such wall shall be constructed on the rear easement
line rather than on the rear lot line of the particular commercial
property; provided, however, that where the construction of such wall on a
rear easement line will work a hardship on a particular property owner
because of the location and size of such easement or for any other special
circumstance, this requirement may be modified by the Zoning Board of
Appeals. All plans and specifications of such wall shall be submitted to
the Division of Engineering of the Department of Public Works for their
approval and such wall shall be constructed in strict accordance with the
plans and specifications of that department. The construction of such wall
shall not be commenced until a building permit has been secured from the
Bureau of Inspection. It shall be the respctsitility of the owner of the
premises on which any protective wall is located to maintain and keep the
area between such protective wall and the rear lot line of such property
free and clear of any debris, trash, weeds and waste of any material and
at all times to keep such area in a neat, clean and orderly fashion.
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.
2218
111 that a hearing be held and that notice be given as provided in
Section 20.01 of the Zoning Ordinance, Ordinance No. 60 of the
City of Livonia and that there shall be submitted to the City
Council a report and recommendation.
The Chairman declared the foregoing resolution adopted.
Mr. McCullough was requested to prepare an amendment to the ordinance.
The Chairman declared a ten minute recess at approximately 9:45 Pau
The Chairman called the 96th Special Meeting again to order at approximately 9:50
p.m. with all those present who were present at the time recess was called, with
the exception of Mr.Greene.
Upon a motion duly made by Mr. Robinson, supported by Mr. Kane and unanimously
adopted, it was
#10-295-58 RESOLVED that, the City Planning Commission does hereby grant an
extension of one year on the balance of the Meri-Lynn Farms Sub-
division located on the West side of Merriman Road between Lyndon
and Schoolcraft Roads in the Southeast 1/4 of Section 22.
111 The Chairman declared the foregoing resolution is adopted.
Mr. Greene returned at approximately 10:00 p.m.
Mr. McCullough announced the next item on the agenda was the proposed Merucci Bros.
Subdivision submitted by June Development Company located approximately 2,000 feet
East of Levan Road between Five Mile Road and Schoolcraft Roads situated in the
Southeast and Northeast 1/4 of Section 20 and the Northwest and Southwest of Sec-
tion 21. Public Hearing September 2, 1958; item taken under advisement; Special
meeting September 23, 1958, taken under advisement.
Mr. McCullough submitted a letter dated September 2, 1958 from the Livonia Public
Schools and a letter dated October 10, 1958 from the Parks & Recreation Department.
Mr. Donald Deremo and Mr. Lehman presented a revised plat and explained the desig-
tated crosswalks and the location of Perth in relation to other parts of the city.
Mr. Walker asked whether or not the crosswalks should be paved 5 or 10 feet. Mr.
McCullough stated that the FHA requires that the crosswalks bacompletely paved,
that the builder ; for this proposed subdivision will be agreeable to paving the
entire. crosswalk.
Upon a motion duly made by Mr. Robinson, supported by Mr. Okerstrom, it was
#109296-58 RESOLVED that, pursuant to a Public Hearing having been held
III September 2, 1958, the City Planning Commission does hereby give
approval to the revised preliminary plat of the Merucci Bros.
Subdivision located in the Southeast and Northeast 1/4 of Section
20 and the Northwest and Southwest 1/4 of Section 21, subject to
the following conditions:
•
2219
111 i. that the portion of Perth Avenue which intersects Barbara on the
submitted plat be relocated 425 feet north of its location; that
it should run from the eastern boundary of the plat westerly as
far as Park; and a pedestrian walk run from the termination there-
of to the park site;
2. that the portion of Perth which intersects Park on the submitted
plat be renamed;
3. that Cutlot P"A" be platted and the Inspection Bureau be informed
that no permits are to be issued for the lots therein until such
time that a drain connection is made;
4. that a 10 ft. pedestrian walk be established as indicated on the
attached plat from the eastern boundary of the plat westerly to
Henry and being approximately 380 ft. south of Henry.
5. that Jameson be relocated 60 feet south of the location shown on
the submitted plat;
6. that the Master Plan be amended so as to relocate the centerline
of Yale in accordance with a description to be supplied by the
subdivider; and further that Lyndon shall be reduced on the Master
Thoroughfare Plan from 869 to 609.
FURTHER RESOLVED, notice of the above hearing was sent to the abutting
property owners, proprietor, CityDepartments as listed in the Proof
of Service and copies of the plat together with notice having been
sent to the Building Department, Superintendent of Schools, Fire De-
partment, Police Department and Recreation Department and Members of
the Plat Committee:
A roll call vote on the foregDing resolution resulted in the following:
AYES: Greene, Okerstrom, Peacock, Kane, Walker, Robinson and
Angevine
NAYS: Anderson and Harsha
The Chairman declared the foregoing resolution is adopted and the Merucci Bros. Sub-
division is given tentative approval subject to conditions in the foregoing reso-
lution.
Mr. McCullough announced the next item on the agenda was the final approval of Gawron
Subdivision submitted by Casimir C. Gawron, located on the East side of Hix Road
between Ann Arbor Trail and Ann Arbor Road in the Northeast 1/4 of Section 31. Pre-
liminary approval granted July 19, 1955. Re-affirmation of original approval grant-
ed April 15, 1958. Mr. Gawron present at this meeting and submitted his final plat
to the Commissioners, stating that there was one small change in the final plat.
II:
Lots 32-37 were decreased to 1059 in depth and increased in width to 759, which in-
creased the Outlot "A" to 3609 in width.
Upon a motion duly made by Mr. Robinson, supported by Mr. Peacock and unanimously
adopted, it was
•
2220
#10-297-58 RESOLVED that, final plat of the Gawron Subdivision consisting of
46 lots located in the Northeast 1/4 of Section 31 be given final
approval including revisions, subject to receiving canvas back plat,
and
FURTHER RESOLVED, inasmuch as it appears on the records that tenta-
tive approval of said proposed plat was given by the City Planning
Commission July 19, 1955 and April 15, 1958; and it further appear-
ing 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 May 27, 1957; and it further appearing that a bond
in the amount of $9,000.00 having been established by the City Council
by Resolution #622-58, to cover the installation of improvements has
been filed in the office of the City Clerk under date of October 14,
1958; such bond having been approved by Charles J. Pinto, Assistant
City Attorney, on October 14, 1958, it would therefore appear that
all the conditions necessary to the release of building permits have
been met and the Building Department is hereby so notified.
The Chairman declared the foregoing resolution adopted.
Upon a motion duly made by Mr. Kane, supported by Mr. Peacock, it was
#10-298-58 RESOLVED that, pursuant to a Public Hearing having been held on
July 15, 1958, on Petition M-117, the City Planning Commission
IIdoes hereby grant Petition M-117 of Josephine A. and Guy D.
a Morris requesting permission to remodel and open a Dairy Bar
in the building located on Lot No. 34 located on the South side
of Seven Mile Road approximately 500 ft. of Farmington Road in
the Northeast 1/4 of Section 9, and
FURTHER RESOLVED, notice of the above hearing was sent to property
owners within 500 ft., petitioner and City Departments as listed
in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Greene, Anderson, Peacock, Kane, Walker, Harsha and Angevine
NAYS: Okerstrom and Robinson
The Chairman declared the foregoing resolution adopted.
Upon a motion duly made by Mr. Robinson, supported by Mr. Kane, it was
#10-299-58 RESOLVED that, statement of Mr. Albe Munson, Planning Consultant
in the amount of $287.28 for the month of September be forwarded
to the proper department for payment.
A roll call vote on the foregoing resolution resulted in the following:
IEAYES& Greene, Okerstrom, Anderson, Peacock, Kane, Walker,
Harsha, Robinson and Angevine
NAYS: None
The Chairman declared the foregoing resolution is adopted.
•
2221
Mr. McCullough informed the Commission that the next item on the agenda is a
discussion and recommendation with regard to the proposed rezoning of the four
corner inters ction at Six Mile and Merriman Roads which had its public hearing
on October 7, 1958 as a portion of petition Z-317 in accordance with the zoning
indicated on the Master Pattern.
Upon a motion duly made by Mr. Robinson, supported by Mr. Anderson, it was
#10-300-58 RESOLVED that, pursuant to a Public Hearing having been held on
Tuesday, October 7, 1958 on Petition Z-317 as submitted by the
City Planning Commission on its own motion to determine whether
or not to rezone Sections 9, 10, 11 and the North halves of
Section 14, 15 and 16 in accordance with the zoning indicated
on the proposed Master Plan, the City Planning Commission does
hereby recommend to theCity Council that the four corners of
the intersection of Six Mile and Merriman Roads presently de-
signated C-1 on the existing zoning map which indicates all
amendments thereto through April 15, 1958, be rezoned as follows:
Northwest and Northeast corners to RL
Southwest and Southeast corners to RUF
FURTHER RESOLVED, notice of the above hearing was published in the
official newspaper, The Livonian, under date of September 18, 1958
and notice of which hearing was sent to The Detroit Edison Company,
Chesapeake & Ohio Railway Co., Consumers Power Co., Michigan Bell
'' Telephone Co., City Departments as listed in the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Greene, Okerstrom, Anderson, Peacock, Walker, Harsha
Robinson, Angevine
NAYS: Kane
Mr. Kane stated he wished to state that his reason for voting against foregoing
resolution was because he felt that the Northeast and Northwest should be rezoned
to RU instead of RL.
Mr. Okerstrom stated at this time that he would like to make a motion to have the
R-3 zoning classification removed from the proposed Mar-Git Subdivision located
in the Southwest 1/4 of Section 24.
Upon a motion duly made by Mr. Okerstrom, supported by Mr. Robinson and unanimously
adopted, it was
#10-301-58 RESOLVED, that the City Planning Commission, on its own motion pursuant
to Section 20.01 of Article 20.00 of the Zoning Ordinance does hereby
establish and order a public hearing be held at the City Hall in the
City of Livonia on the question whether or not the following described
parcel:
Beginning at a point on the Centerline of Middlebelt Road, north
402 feet from the Southwest 1/4 of Section 24, Town 1, South, Range
9 East, City of Livonia, Wayne County, Michigan, proceeding thence
•
2222
East on a line parallel to the centerline of Schoolcraft Road to
the west line of Buckingham Village Subdivision No. 2; thence
north along the west line of said subdivision 150 feet; thence
west on a line parallel to the centerline of Schoolcraft Road
to the centerline of Middlebelt Road; thence south along the
centerline of Middlebelt Road 150 feet to the point of beginning;
should be rezoned from R-3B to R1A; and further the City Planner
is instructed to notify persons interested in such hearing in ac-
cordance with the provisions of the Zoning Ordinance, Ordinance
No. 60 of the City of Livonia.
The Chairman declared the foregoing resolution is adopted.
Mr.Greene left at approximately 11:30 p.m.
Upon a motion duly made by Mr. Kane, supported by Mr. Peacock and unanimously adopt-
ed it was
#10-302-58 RESOLVED that, the City Planning Commission does hereby include
Items 22 and 23, now listed as being on a study meeting after to-
night9s Special Meeting, as part of the 96th Special Meeting.
The Chairman declared the foregoing resolution is adopted.
li] Mr. McCullough announced that the next item on the agenda was a letter from the
Stout Home Developers, for Castle Gardens Subdivision, dated August 25, 1958, re-
questing extension of time; subdivision located between Newburg and Eckles Roads
and between Five Mile and Schoolcraft Roads in Section 19.
October 13, from the Fire Department, and letter dated
Mr. McCullough submitted and read letter dated/October 14 from the Bureau of Inspect-
ion and there was a brief discussion in relation to the revised plat that was sub-
mitted to the Commission for an extension of one year.
Upon a motion duly made by Mr. Walker, supported by Mr. Peacock and unanimously
adopted, it was
#10-303-58 RESOLVED that, The City Planning Commission does hereby grant an
extension of one year to the Stout Home Developers, for the revised
plat of the Castle Gardens Subdivision located in Section 19, sub-
ject to the following conditions;
1. That a 50 foot setback be established and maintained for the
houses and a 62 foot setback be established and maintained for
the garages on each of the 80 foot lots abutting Five Mile
and Schoolcraft Roads; that the driveway of said lots, in-
cluding the turn-around provision, shall be installed in accord-
ance with the specifications so set forth in letter from the
Stout Home Developers of October 27, 1958.
I[; 2. That pedestrian right-of-ways (sidewalks) be constructed in
conformance with the subdivision rules and regulations, unless
prior to construction such subdivision regulations are amended;
•
2223
3. that the approval granted herein is conditioned on an amend-
ment to the Master Thoroughfare Plan, which will delete from
such plan Hix and Lyndon Roads in Section 19 of the City of
Livonia;
4. That the tentative plat and/or plats approved herein shall
have added thereto the dimensions on all those lots which are
not rectangular, but which taper from the front to the rear;
5. That the proprietor submit to the City Planning Commission
and the Building Department an executed agreement, approved
as to form by the Department of Law, wherein the proprietor
agrees that he will establish and cause to be maintained
the setback requirements required herein by Condition No. 2
above; and further that such requirements be stated on the
face of the final plat, and/or plats in the nature of private
deed (use) restrictions applicable to those lots to be affected
thereby.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Okerstrom, Anderson, Peacock, Kane, Walker, Harsha,
Robinson and Angevine
NAYS: None
11:
The Chairman declared the foregoing resolution is adopted and extension of one
year"is granted on the revised plat of the Castle Gardens Subdivision.
Upon a motion by Mr. Robinson, supported by Mr. Kane and unanimously adopted, it was
#10-304-58 RESOLVED that, the City Planning Commission of the City of Livonie_
having given due consideration to the designated proposed location
of Hix and Lyndon Roads in Section 19 as appearing on the Master
Thoroughfare Plan of the City of Livonia, and it appearing that the
designated proposed location of such thoroughfares as presently
shown on said Master Thoroughfare Plan is unnecessary for the health,
safety, and general welfare of the community, and the further ex-
istence of said roads upon the Master Thoroughfare Plan would serve
no useful purpose, the City Planning Commission on its own motion
does hereby establish and order a public hearing to be held on Dec-
ember 2, 1958 at 8:00 P.M. at the City Hall of the City of Livonia
to determine whether or not Part I of the Maser Plan of the City
of Livonia, that is the Master Thoroughfare Plan, should be amend-
ed so as to delete Hix and Lyndon Roads in Section 19 from the
Master Thoroughfare Plan for the reason that said roads are un-
necessary and would serve no useful purpose if further designated
as future roads on the Cityvs Master Thoroughfare Plan; and
IT IS FURTHER RESOLVED, that notice of the time and place of said
public hearing shall be published in a newspaper of general circu-
lation in the City of Livonia and that a notice by registered mail
be sent to each public utility or railroad company owning or operating
2224
any public utility or railroad within the City of Livonia in ac-
cordance with the provisions of Section 5.2998 of Michigan Statutes
Annotated and in accordance with the provisions of Act 285 of the
Public Acts of Michigan of 1931, as amended.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Okerstrom, Anderson, Peacock, Kane, Walker, Harsha, Robinson
and Angevine
NAYS: None
The Chairman declared the foregoing resolution is adopted.
Upon a motion duly made by Mr. Robinson, supported by Mr.Anderson and unanimously
adopted it was,
#10-305-58 RESOLVED that, pursuant to Section 20.01 of the Zoning Ordinance
of the City of Livonia, Zoning Ordinance No. 60, as amended, the
City Planning Commission at this time, pursuant to request of the
City Council, does hereby .provide for a Public Hearing to be held
to determine whether or not to amend Sub-section (c) of Section
10.02 of Article 10.00 of Ordinance No. 60, as amended, entitled,
"Zoning Ordinance of the City of Livonia", as follows:
AN ORDINANCE AMENDING SECTION 10.02 OF ARTICLE
10.00 OF ORDINANCE NO. 60, AS AMENDED, ENTITLED
"ZONING ORDINANCE OF THE CITY OF LIVONIA."
THE CITY OF LIVONIA ORDAINS:
Section 1. Subsection (c) 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 be erected 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 and restaurants.
(c) Open air sales, upon a certificate of approval by the City Plan-
ning 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. How-
ever, this shall not permit the operation of material yards, including
new and used lumber sales or used machinery or used auto parts. Not-
withstanding the above, the sale of Christmas trees shall be permit-
ted upon the approval of the Police Department that there is suit-
I[: able =dale ingress and egress to the premises used for such purpose
and upon the approval of the Fire Department 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
2225
with this ordinance and the rules and regulations of the bureau.
Open air display for rental or sale of house trailers, trailers,
trucks, buses, automobiles for hire, householder's Pneumatic tired
two and four-wheel utility trailers, pneumatic tired cement mixers
having a capacity of not more than three and one-half (3-1/2) cubic
feet capable of being towed by a passenger automobile, and wheel-
barrows, rollers and similar products and equipment shall comply with
the followimi
(1) A minimum lot area of eight thousand .0,000) square
feet shall be required;
(2) A building of not less than four hundred (400) square
feet in area and not more than fifteen (15) feet in height
shall be required, which shall be located on said lot;
(3) The display area shall be treated so as to prevent the
raising of dust or loose particles; such surfacing may be
constructed of crushed stone, slag, gravel, cinders or any
type of surfacing meeting the approval of the Bureau of Inspection.
(4) Adequate lighting facilities shall be provided and so
arranged as to reflect light away from residential uses adjacent
to the area;
(5) When such open air display area is closed, there shall be
provided lighting with rectors at a level of not less than one
(1) watt per each square yard of display area and with a maximum
of not more than one and one-half 'f1-1/2) watts per each square
yard of display area.
(6) the display area shall be enclosed with a six (6) foot
fence which shall be located and maintained on the boundaries of
such display area, with only such openings therein as may be
necessary for ingress and egress;
2226
(7) Where a side yard or rear yard of a display area is
immediately adjacent to a residential area, an eight (8) foot
greenbelt shall be required inside of the lot line in accordance
with Section l0.04 of the Ordinance, and off-street parking shall
also be required in accordance with Section 10.16 of the Ordinance.
The above uses shall be used exclusively for the foregoing purposes and
shall be maintained with a stable surface that will not retain water.
Provided further, in all cases where the use of such premises involves the
open air display of pneumatic tired cement mixers having a capacity of not
more than three and one-half (3-1/2) cubit feet, and as more fully heretofore
described in this section, The City Planning Commission, after hearing., finds
such use to be injurious to thecontiguous or surrounding neighborhood, es-
sential to the public convenience and not contrary to the spirit and purpose
of this Ordinance, the City Planning Commission in making its finding may
increase or modify such requirements in specific cases, or may impose ad-
ditional requirements and conditions where necessary to protect the sur-
rounding neighborhood.
(d) Shops producing merchandise to be sold at retail on the premises, pro-
vided that the services of not more than five (5) persons are required to
produce such merchandise.
(e) Personal service shops such as barbershops, beauty parlors, shoe repair
shops, laundry pickup shops, dry-cleaning pickup shops, and any similar
services or use, provided any such shop or parlor shall not employ more
than five (5) persons.
(f) A gasoline and oil service station when approved 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 premitted activity, when located on the same
lot therewith and occupying not more than twenty-five (25) per cent of
the area of such lot shall be considered a legal accessory bulling and
and use in C-i 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 they 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 building line and the sign shall not project more than
fifteen (15) inches beyond the building line. No sign or portion of a
1[10 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; provided, 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 publiethealth,
safety or welfare.
2227
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 effecting the validity of the remaining port-
ions of this ordinance.
that a hearing be held and that notice be given as provided in
Section 20.01 of the Zoning Ordinance, Ordinance No. 60 of the
City of Livonia and that there shall be submitted a report and
recommendation thereon to the City Council.
The Chairman declared the foregoing resolution is adopted.
Upon a motion duly made by Mr. Okerstrom, supported by Mr. Robinson, it was
#10-306-58 RESOLVED that, the City Planning Commission does hereby amend
proposed Rules and Procedure to indicate that the election of
officers will be held during the month of September of every year.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Okerstrom, Anderson, Peacock, Kane, Walker, Robinson
and Angevine
NAYS: Harsha
The Chairman declared the foregoing resolution is adopted.
#10-307-58 .'3OLVED that, the City Planning Commission does hereby adopt the follow-
ing amended Rules and Procedure as prepared by Mr. D. R. McCullough, City
Planner, dated October 10, 1958.
CITY PLANNING COMMISSION
CITY OF LIVONIA
SUGGESTED RULES OF PROCEDURE
Article 1 - Officers and Their Duties
Section 1. The officers of the Planning Commission shall consist of a
Chairman, Vice-Chairman and a Secretary, all of whom must be
members of the Planning Commission.
Section 2. The Chairman shall preside at all meetings and hearings of the
Planning Commission and shall have the duties normally conferred
by Parliamentary usage on such officers.
Section 3. The Chairman shall be one of the citizen members of the Com-
mission. He shall have the privilege of discussing all matters
before the Commission and to vote thereon.
Section 4. The Vice-Chairman shall act for the Chairman in his absence.
He shall be a citizen member of the Commission.
Section 5. The Secretary shall keep the minutes and records of the Com-
mission, prepare the agenda for regular and special meetings
with the Chairman, provide notice of meetings to Commission
members, arrange proper and legal notice of hearings, attend
to correspondence of the Board and such other duties as are
normally carried out by a Secretary.
2228
Article II - Election of Officers
Section 1. Nomination of officers shall be made from the floor at the
annual organization meeting which shall be held on the first
Tuesday of in each year and the elections shall
follow at the next regular meeting.
Section 2. A candidate receiving a majority vote of the entire membership
of the Planning Commission shall be declared elected and shall
serve for or year or until his successor shall take office.
Section 3. Vacancies in offices shall be filled immediately by regular
election procedure.
Article III - Meetings
Section 1. Regular meetings of the Planning Commission shall be held in
the City Hall, City of Livonia, on the third Tuesday of each
month at 8:00 p.m. except when such day falls on a legal holiday,
then the Chairman shall designate the date of such meeting.
Section 2. Special meetings may be called by the Chairman of the Planning
Commission or upon written request of two (2) members, provided
twenty-four (24) hours notice has been given to each member be-
fore the time set for such meetings, except that the announcement
of a Special Meeting at any meeting at which seven (7) members
are present shall be sufficient notice of such meeting.
Section 3. The Planning Commission shall elect annually as is provided in
ArticleII, Section 1, its own Chairman for the ensuing year.
Section 4. Five (5) members of the Planning Commission shall constitute a
quoram for the conduct of its business.
Section 5. Every resolution not otherwise provided for shall require a
majority vote of the members ;present at a legally constituted
meeting.
Section 6. Parliamentary Procedure shall be governed by =Rules for Group
Procedures' by Blue Carstenson.
Article IV - Committees
Section 1. The following standing committees shall be appointed by the
Chairman:
(a) Zoning Amendment Committee
(b) Top Soil Committee
(c) Plat Committee
(d) Off-Street Parking Committee
(e) Master Plan Committee
(f) Greenbelt Committee
Article V - Employees
Section 1. The Commission may employ a Clerk to assist the Secretary in the
performance of his dutues and ,perform such other duties as may be
assigned to him by the Chairman of the Planning Commission.
Section 2. The Commission may employ such staff and/or experts as it sees
I: fit to aid the Commission in its work. Appointments shall be
made by a majority vote of the entire Commission membership.
•
•
2229
Article Vl - Hearings
Section 1. Such Public Hearings as are required by law will be heard by the
Commission in the order in which they appear on the Agenda except
that a hearing may be postponed or adjourned for hearing by order
of the Planning Commission upon good cause shown.
Section 2. The applicant may appear in his own behalf or may be represented
by attorney or agent at the hearings of appeals by the Planning
Commission. If the applicant fails to appear, the arguments of
the opposition may be heard and the Planning Commission may adjourn
the hearing, or it may dismiss or deny the application or petition.
Section 3. The regular order of procedure of hearings shall be:
(a) Presentation of official records of the case by the
City Planner,
(b) Applicant's presention of the case which shall be
limited to a period'oI five minutes, except as herein
otherwise provided.
(c) All other persons shall be similarly limited.
(d) Inquiries by the Planning Commission members directed
to the applicant or his adversaries.
(e) Rebuttals only in the event the Chairman expressly indi-
cates that they shall be allowed.
Section 4. The City Planner may establish dates for public hearings and may
cause notice of such public hearing to be advertised in the
official paper of the City of Livonia in his discretion and with-
out the necessary of formal action by the Commission.
Section 5. All applications and petitions requiring action by the Planning
Commission shall be stamped so as to indicate upon the petition
the date on which such application or petition was received. Appli-
cations and petitions shall be acted upon by the City Planning
Commission in the order in which they are received; provided, how-
ever, that if the applicant or petitioner can show written reasons
indicating that an extreme hardship will be imposed by compliance
with the above provisions of this section, then the Secretary may
determine to place such application or petition on an agenda out
of the regular order.
Section 6. A minute book shall be kept by the Secretary in which shall be
recorded all resolutions relating to each case acted upon, together
with the legal reasons justifying any resolution of denial. The
minutes shall also specify kthe vote of each member of the Commis-
sion along with all other actions of the Commission.
Section 7. The Commission may in appropriate cases condition its approval
(or recommend to the City Council that the latter condition its
approval).
Section 8. The Chairman shall have wide discretion in conducting the hearings,
he shall have the power to interrupt the arguments at any time
in the interest of expediting the orderly disposition of the
business at hand. He shall be obligated to prevent any party from
unduly consuming the Planning Commission's time. This language
shall be construed to preclude any party from reading any part of
the text of the Zoning Ordinance or from reading any other written
material prepared by those in attendance at said hearing. The
Planning Commission shall take notice of pertinent sections of the
Zoning Ordinance or other ordinances of the City. All written
. 6
2230
material filed with the Planning Commission as hereinabove
provided will be made a part of the minutes.
The Chairman declared the foregoing resolution is adopted.
Mr. Angevine informed the Commission that Item #3, Petition M-131 by George
Matousek, Jr. would be discussed further now in order that a decision could be made
tonight.
The Commissioners examined the area in Petition M-131 on both the present zoning
map and the proposed master pattern.
After a brief discussion and upon a motion duly made by Mr. Walker, supported by Mr.
Kane, and unanimously adopted, it was
#10-308-58 RESOLVED that, pursuant to a Public Hearing having been held on
Tuesday, October 14, 1958, the City Planning Commission does
hereby grant Petition M-131 by George Matousek, Jr. requesting
permission to open air display of nursery stock and gardening
supplies in the Southeast 1/4 of Section 4, and
FURTHER RESOLVED, that 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.
I/: The Chairman declared the foregoing resolution adopted.
nope a motion duly made by Mr. Kane and supported by Mr. Okerstrom and unanimously
adopted, this 96th Special Meeting was adjoined at approximately 12:10 a.m..
Wednesday, October 15, 1958.
CITY PLANNING COMMISSION
ATTESTED`1 y /1 William R. Robinson, Secretary
oc-
R. L. Angevine, Chairman
D. R. McCullough, City Planner