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HomeMy WebLinkAboutPLANNING MINUTES 1959-07-21 f. MINUTES OF THE 105th REGULAR MEETING AND A PUBLIC HEARING OF THE CITY PLANNING 1 COMMISSION OF THE CITY OF LIVONIA On Tuesday, July 21, 1959 the City Planning Commission of the City of Livonia held a Public Hearing and the 105th Regular 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: Charles Walker, Robert L. Greene, Leonard K. Kane, H. Paul Harsha, Robert L. Angevine, William R. Robinson, Wilfred Okerstrom, and Dennis Anderson. Members absent : Robert M. Peacock Mr. David McCullough, City Planner and Mr. Rodney C. Kropf, Assistant City Attorney were present along with approximately 250 interested persons. Mr.McCullough announced the first item on the agenda was Petition Z-388 by Nelson Dembs who is asking for a change of zoning on property located on the Southeast corner of Six Mile and Hubbard Roads in the Northeast 1/4 of Section 15 from RUFB to BLA. Mr. Dembs and Mr. Donald Barris, representing owner of property, Mrs. Freud, were present. Mr. McCullough submitted letters from Greenbrier Estates, dated July 20, 1959, Bell Creek Improvement Association dated July 21, 1959, Merriman-Six Mile Association, dated July 17, 1959 and Greenb±r Woods Civic Association dated July 19, 1959, Call of which,along with signed petitions, objected to the proposed rezoning. Mr. Angevine asked if there was anyone in the audience who wished to speak. Mr. Ed. Balluff, President of the Bell Creek Improvement Association stated there was a petition objecting to rezoning with eighty signatures attached to their letter of protest. He stated their reasons for objecting to rezoning. A member of the Greenbrier Estates Improvement Association asked that their letter be read at this time. Mr. Angevine complied. Mr. Harvey Moelke, Merriman-Six Mile Association, stated they had objected previously and would like to state their objection again to any rezoning in this area. Mr. Walter Kovacs, Vice President of the Greenbriar Woods Civic Association, verbally objected to any rezoning. Mr. Donald Barris, representing owner of property, Mrs. Freud, stated that previously they had presented a plat consisting of 60' lots which had been turned down. This rezoning is for a minimum of 809 lots which they felt would greatly enhance the surrounding neighborhood. I I Mr. Green asked Mr. Dembs if they would ojbect to a RU or RUF zoning in view of the objections to the RL zoning. 11 IEMr. Dembs stated this would be agreeable to them provided the City Council would allow them to install the kind of improvements as as there are presently in these \ various subdivisions. It v s his understanding that the City requires all im- provements now and that thislwould make the cost of the land out of reach if the lots are made into 1/2 acre sites. I s -2S 2 CMr. Dembs further stated that at the time Bell Creek was developed the City did not require the improvements that are presently required. Mr. Barris stated that the City Council has informed them that full concrete roads will be required in this subdivision regardless of the size of the lots. Mr. Harsha asked if it was the frontage that the people are objecting to, or is it the depth of the lot. Mr. Moelke stated they preferred to have this area developed as the surrounding property is developed with only those improvements that are presently there. to Mr. Green asked Mr. Moelke if the petitioner were ask -"or a RU zoning instead of RL, which is the next step up, would this be acceptable as a compromise to most of the audience. Mr. Moelke answered that the Merriman-Six Mile Civic Association would still object. Mr. Walker stated that under the RU zoning black top roads are allowed which would not require sidewalks and curbing. Stated further that an ideal lot for this area was 150' x 100 which would conform to a RU zoning, and that every time this area has been studied by the commission it was felt that nothing less than a RU zoning should be allowed. Mr. Angevine stated that this item could be taken under advisement until the Ir: Commission has been informed whether or not the City Council would allow black top roads, septic tanks, etc. Mr. Walker stated if the petitioner will not consent to RU zoning the only answer left is to deny the present petition. If he will consent to RU, this petition could be withdrawn and Mr. Dembs could repetition for the RU zoning. Upon a motion duly made by Mr. Walker, supported by Mr. Greene, it was 0-214-59 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z=388 as submitted by Nelson Dembs for a change of zoning in the Northeast 1/4 of Section 15 from RUFB to RLA, the City Planning Commission does hereby recommend to the City Council that Petition Z-388 be denied because RL lots would be inconsistent with lot sizes in surrounding subdivisions, namely those in Green Briar Estates Subdivision #2 to the west, and those in Supervisor's Livonia Plat #10 to the east and south; petitioner is disinclined toward rezoning the perimeter areas for larger lots with smaller lots in the center of the area, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 2, 1959 and notice of which hearing was sent to The Detroit Edison Co. , Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Co., City Departments and petitioner as listed in the Proof of Service. Mr. Harsha stated he felt that the petitioner has the right to request RU zoning if he confirms it with a letter. 3 Mr. Robinson asked Mr. Dembs if he would be interested in a RU zoning if the City Council would permit less costly improvements. Mr. Dembs stated that black top roads cost as much as the concrete and he would not be interested in the RU zoning. Mr. Barris stated that the problem of the improvements has come up every time they have attempted to sell this property, that it was impossible for Mrs. Freud to sell her property unless it was subdivided into the smaller lots. Mr. Kane felt that this property could be sold in 1/2 acre lots. Mr. Anderson stated there was a motion on the floor and he would like to ask for a vote. AYES: Walker, Kane, Harsha, Anderson, Greene, Okerstrom, Robinson and Angevine NAYS: None The Chairman stated the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition Z-389 by Kenneth and Mary Owen who axe asking for a change of zoning on property located on the East side of Stamford approximately 150 ft. South of Seven Mile Road in the Northeast 1/4 of Section 9, from R1B to C-1. Mr. and Mrs. Owen were present. The question was raised as to what would happen to the existing commercial area on the west side of Stamford if Stamford is ever widened. Mr. Walker stated it would be too small to be used as commercial property due to the side yard require- 1 ments under commercial zoning. Mr. Angevine asked if there was anyone in the audience who wished to speak. Mrs. Owen stated at present Stamford is cut through only one lot but it was de- termined that the Rasak Subdivision located across the property in petition has been given preliminary approval which will eventually cut Stamford through. Mr. Walker stated he felt this item should be studied further. Mr. Angevine declared this item would be taken under advisement. Mr. McCullough announced the next item on the agenda was Petition Z-390 by Clarence Charest, on behalf of the Livonia Lumber & Supply Co., is asking that the zoning be charged from RUFB to C-i on property located on the Northeast corner of Henry Ruff and Joy Roads in the Southeast 1/4 of Section 35. Mr. Charest was present. Mr. McCullough stated a petition signed by fifty surrounding property owners who object to the proposed rezoning had been submitted by a Mr. Frank E. Albert, 8955 Henry Ruff Road. Mr. Charest submitted an architectural sketch of the proposed medical building which is proposed for this property if the rezoning is approved. Mr. Angevine asked if there was anyone in the audience who wished to speak either in favor or opposed to petition. I: Mr. Frank Albert, 8955 Henry Ruff Road stated that a business on this property would interfere with the three schools in the surrounding area and create a traffic hazard. Mr. W. Sobkowiak, 8880 Hillcrest, stated 'the area surrounding the property in question was strictly residential with the exception of the corner of Merriman and Joy and Middlebelt and Joy. Stated further he objected to a lumber supply company on these lots. 4 lcThe audience was informed this property was to be used for a medical building and not a lumber supply business. Mr. Angevine asked why a C=1 zoning was requested; why not a PS since it was for a professional bu[:iness? Mr. Charest stated the C-1 zoning had been requested because of the side yard re- quirements under the PS zoning. Mr. Greene asked if it were a matter of permitting a PS zoning or nothing could the petitioner fulfill the requirements of the PS? Also would the property owners surrounding the area object to the PS zoning? Mr. Charest stated if the PS zoning was permitted it would be necessary for them to plan a smaller building in order to fulfill the parking and side yard requirements. He informed those present that the parking was designated at the rear of the proposed building. Mr. Sobkowiak and Mr. Albert objected to the PS zoning also, maintaining it would cause a traffic hazard. Mr. Charest stated the petitioner has owned these twenty-foot lots which originally had been zoned commercial, for several years and that the requested zoning would not hurt the surrounding area. It had been attempted to sell these lots for resi- dential but the petitioner has been unable to do so. Mr. Walker felt that considering the small area involved, it would be impossible for the petitioner to conform with the requirements under a commercial zoning. Mr. Charest stated that the requested zoning could be granted under a hardship. The question was asked by a person in the audience what assurance or guarantee would the property owners have as to the type of business that would go on this property,? Mr. Angevine stated no guarantee whatsoever. Mr. Harsha stated that this property has been zoned residential for at least four- teen years. Mr. Kane stated the Planning Commission had established the PS zoning to be used as a buffer between commercial and residential. Since there was no commercial in this area this would be spot zoning to allow commercial at this time. Upon a motion duly made by Mr. Kane, supported by Mr. Anderson, it was n-V-59 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-390 as submitted by Clarence Charest on behalf of the Livonia Lumber & Supply Co. , for a change of zoning in the South- east 1/4 of Section 35 from RUFB to C-1, the City Planning Com- mission does hereby recommend to the City Council that Petition Z-390 be denied for the reason that approval would be permitting spot zoning which the City cannot legally do, and FURTHER RESOLVED, notice of the above hearing was published in 1: the official newspaper, The Livonian, under date of July 2, 1959 and notice of which hear.:ylg was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Co. , City Departments and petitioner as listed in the Proof of Service. ,2.S-JL 5 Mr. Greene stated he felt additional reasons for denying said petition would be that the commercial zoning would not canform;-tie • .:: '► the surrounding residential area and the schools located in this neighborhood. Would Mr. Kane accept his addi- tional reasons? Mr. Kane stated he would. Mr. Anderson stated he would continue his support as he felt that allowing commercial or professional services zoning in this area would be blighting the area. Upon a motion duly made by Mr. Kane and supported by Mr. Anderson, it was ,b7=215-59 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-390 by Clarence Charest on behalf of the Livonia Lumber & Supply Co., for a change of zoning in the Southeast 1/4 of Section 35 from RUFB to C-1, the City Planning Commission does hereby recommend to the City Council that Petition Z-390 be denied for the foil owing reasons: (1) approval would be permitting spot zoning which the City cannot legally do, (2) commercial zoning would not :.cDrbirmt.tb the residential area and the three schools situated in the immediate vicinity, and FURTHER RESOLVED, that notice of the above hearing was published in the official newspaper, The Livonian, under date of July 2, 1959 and notice of which hearire; was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Co., City Departments and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: i AYES: Walker, Kane, Harsha, Anderson, Greene, Okerstrom, Robinson and Angevine NAYS: None The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition Z-393 by Steve and Nancy A. Polgar who are asking that the zoning be changed from R1B to PS on lots located on the West side of Farmington on the Northwest corner of Farmington in the Southeast 1/4 of Section 16, (Lots 245-250 and 268-274.) . Mr. Polgar and Mr. Kimmerly, Jr., owner of lots 245-250 were present. Mr. Kimmerly stated he was a certified public accountant and wished to erect a building in order to establish an office for his business which is now located in the Dime Bank Building in Detroit. It was his intention to continue living in the house on the property until such time that his business increases so that it would be impractical to live there. This building would be approximately 30' x 50' attached on the north end of his house. Mr. Walker questioned having a home in a professional area and felt this item should be given further study before a decision is made. Mr. Robinson stated he did not concurr with Mr. Walker. There have been other petitions before the Planning Commission requesting a PS zoning in this area which had been deniec by the Commission but later had been given approval by the City Council. Because of thi efelt that the petition should be granted. Upon a motion duly made by Mr. Robinon, supported by Mr. Harsha, it was ,.7,5-- ,_ 6 #7- -59 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-393 by Steve and Nancy A. Polgar and Mr. & Mrs. Thomas Kimmerly, Jr., for a change of zoning in the Southeast 1/4 of Section 16 from R1B to PS, the City Planning Commission does hereby recommend to the City Council that Petition Z-393 be granted, A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Harsha, Robinson and Angevine NAYS: Kane, Anderson, Greene and Okerstrom The Chairman declared the motion did not carry, therefore re^,aution is not adopted. Mr. Robinson stated in view of the vote on the foregoing resolution, he felt that this item should be taken under advisement for further study. Mr. Polgar stated his property did not have an existinjlding upon it. Mr. Walker stated that since his property was included with Mr. Kimmerly's on the same petition, it would have to be acted upon as one petition. The Chairman declared that this item would be taken under advisement. Mr. McCullough announced the next item on the agenda was Petition Z394 by S. Z. Wolack on behalf of Lillian L. Lathrop who is asking for a change of zoning from AGB to R-3 for the North 500 feet and from AGB to R1A for the South 421.45 ' on property located on the South side of Five Mile Road approximately 2,000 ft. West of Fairlane in the Northeast 1/4 of Section 20. Mr. Beattie was present for petitioner. Mr. Angevine asked if there was anyone in the audience who wished to speak either in favor or opposed to petition. Mr. Kane asked if this property conforms with the adjoining R-3 property to the east. Mr. Beattie stated it would. Mr. Greene questioned the narrowness of the property in question for R-3 zoning. He asked Mr. Beattie if it would be possible for him to present to the commission a proposed layout of the multiple dwellings. Mr. Beattie stated there were no plans as yet. Mr. McCullough stated it would be desirable if the petitioner could join in with the property to the east and present a proposed layout of multiple dwellings for these two properties together. Mr. Angevine stated this item would be taken under advisement in order to provide the petitioner an opportunity to present a proposed layout for the R-3 area. Mr. McCullough announced the next item on the agenda was Petition Z=395 by Arthur Pollack asking for a change of zoning from RUFB to R1A on property located approx- imately 215 ft. South of Lyndon Road on the East side of Brookfield Road in the Southwest 1/4 of Section 22. Mr. Angevine asked if there was anyone in the audience who wished to speak either in favor or opposed to petition. I- 7 Upon a motion duly made by Mr. Walker, supported by Mr. Robinson, it was 0-216-59 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-395 as submitted by Arthur Pollack for a change of zoning in the Southwest 1/4 of Section 22 from RUFB to R1A the City Planning Commission does hereby recommend to the City Council that Petition Z-395 be granted for the reason that the lot size requested conforms with the lots in the Kimberly Oaks Subdivision to the west and the Merri-Lynn Farms Subdivision to the southeast, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 2, 1959 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers Power Co., City Departments and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Kane, Harsha, Anderson, Greene, Okerstrom, Robinson and Angevine NAYS: None The Chairman declared the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition Z-396 by McQuade Investment Co., who is asking for a change of zoning from AGB to C-1 on property located on the West side of Farmington approximately 300 ft. North of Six Mile Road in the Southeast 1/4 of Section 9. Mr. Ernest Oliver and John C. Cootes were present representing McQuade Investment Company. It was determined that the rezoning of the 30' was necessary for the development of the property. This area' ; would be used as ingress and egress for the trucks servicing the proposed super market in this area. Mr. Anderson stated that this might start a precedent and others will come before the commission to request an additional 30' for ingress and egress.Mr. Okerstrom asked if it was necessary to request a C-1 zoning. It was determined it was. Mr. Harsha asked if the protective wall will be erected. Mr. McCullough stated that the petitioner would have, to acquire more property in order to erect the protective wall. Mr. Oliver stated this was agreeable to them Upon a motion duly made by Mr. Walker, supported by Mr. Kane, it was 0-217-59 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-396 by the McQuade Investment Co., for a change of zoning in the Southeast 1/4 of Section 9 from AGB to C-1, the City Planning Commission does hereby recommend to the City Council that Petition Z-396 be granted for the reasons that the requested land use conforms with the existing land use and it appears to be necessary to develop the existing land properly, and, _ 8 II: FUFTHER RESOLVED, notice of the above hearing was publirhed in the official newspaper, The Livoninn, under date of July 41959 end notice of which hearing we, Oelit to The Detroit Weon Co., Chesapeake & Ohio Railway CO, Michigan Bell Telephone Co., The COMMIS* Power CO,A. City. DetPartiRenta sad petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the foaming: AIM Welker Kane, Marsha, Greene, Ckerstram, Robinson and Angevine NAM Anderson The Chaisman declared the motion is carried and the foregoing resolution is adopted. Mr. Wulleugh Announced the next item on the agenda was Petition Z-397 by Joseph and Amaral:1;44w are asking for fw change of zoning from nun to C-2 on property located on the Northwest corner of Schooley," and Stark Road in the Southeast 1/4 of Section 21. Mr. Polka was present along with his attorney. Mr. Angevine asked if there was anyone in the -udience who wished to speak either in favor or opposed to petition. Mr. P. Priest, 14116 Stark Road stated his objection to the rezoning. Felt that ' Schooleraft was a boulevard and that it should remain as gUth, without commercial. II: A petition signed by several property owners objecting to rezoning was submitted. Mr. Charest stated be was speaking for the miner of prorerty on the northeast corner of Schooleraft and StaziffRoad. They wished to object to the proposed rezoning. Furthermorepit gra Salt this rezoning is approved, Mc 4ient will be presenting a petition requesting 4 •rezoning of his property to commercial Ilso. Upon emotion duly made by Mr. Greene, supported by Mr. Walker and unanimously adopted, it was #1-218-59 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-397 by Joseph and Anna Palka for a change of zoning in the Southeast 1/4 of Section 23. from HUM to C-2, the City Planning Commission does hereby recommend to the City Council that Petition Z-397 be denied for the reasons that this is a strictly residential neighborhood with costly homes located in close proximity and that Stark Road is not presently heavily traveled and is not expected to become a heavily, traveled road in the immediate future, and NETHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of C July 2, 1959 and notice of which hearing was sent to The Detroit Edison Co" Chesapeake & Ohio Railsworec" Michigan Pell Telephone Cc., The consumers Power Co" City Departments and. petitioner as listed ie the Proof of ServiceA The Chairmen 4pclered the metier 4,4 GairAlt 414 the SozegOing raroirtion ta adopted. The petitioner, Mr. Polka state& they kat found 0 inPOSsible to sell the property ‘SrJ6 • 9 ILfor residential because of the traffic on Schoolcraft. Mr. Walker stated that there had been several subdivisions approved by the City Planning Commission on Schoolcraft and that none of them had requested commercial zoning. Mr. McCullough announced the next item on the agenda was Petition Z-398 by Martin Agegian asking for a change of zoning from AGB to R1A on property located South of Lyndon Road approximately 2900 ft. East Of Levan in the Southwest 1/4 of Section 21. No one was present to represent petitioner. Mr. Angevine asked if there was anyone in the audience who wished to speak either in favor or opposed to petition. Mr. Harsha questioned the narrowness of the parcel, felt it was impratical to re- zone. If the adjacent property owner would be willing to rezone his property in order to increase the width, he could then understand it. Mr. Robinson stated he had to disagree with Mr. Harsha. He felt that the petitioner had a logical request and that it may be possible that he has discussed this with the neighboring property owner. Upon a motion duly made by Mr. Robinson, it was #7- -59 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-398 as submitted by Martin Agegian for a change of zoning in the Southwest 1/4 of Section 21 from AGB to R1A, the City Planning Commission does hereby recommend to the City Council that Petition Z-398 be granted, and There was no support to Mr. Robins®P`s motion. Mr. Harsha asked if the petitioner was present. Mr. Agegian was not present. Mr. Walker felt there was no reason to question the rezoning of this piece of property. Mr. Anderson asked if there was another petition submitted to rezone the property adjacent to Mr.Agegian's. Mr. McCullough stated there wasn't. Mr. Walker stated if this parcel is rezoned to R1A, possibly the adjoining property owner would then submit his petition to rezone property. Upon a motion duly made by Mr. Walker, supported by Mr. Robinson: #7- -59 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-398 as submitted by Martin Agegian for a change of zoning in the Southwest 1/4 of Section 21 from AGB to R1A, the City Planning Commission does hereby recommend to the City Council that Petition Z-398 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 2, 1959 and notice of which hearing was sent to The Detroit Edison Co. , !: Chesapeake & Ohio Railway Co. , Michigan Bell Telephone Co., Consumers Power Co., City Departments and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: 1 ,s , 7 10 IrlAYES: Walker, Kane, Robinson andAngevine Illi NAYS: Harsha, Anderson, Greene and Okerstrom The Chairman declared it has resulted in a tie vote and the item will be taken under advisement. Mr. McCullough announcedthe next item on the agenda was Petition V-44a by Stanley Czarny who is requesting the easement for public utilities over the south 6 feet of Lot 450, Thomas Elliott Subdivision, located on the West side of Deering Avenue approximately 550 ft. North of Chicago Road in the Northeast 1/4 of Section 36 be vacated. A letter dated July 20, was submitted from Detroit Edison; letter dated July 1, from Michigan Bell Telephone and a letter dated July 16 from the DPW. Mr. McCullough stated it had been determined by the Law Department that the City has no interest which ;AA can vacate in relation to this vacating petition, which will make it necessary to deny this petition. Mr. Angevine asked if there was anyone inthe audience who wished to speak. Upon a motion duly made by Mr. Robinson, supported by Mr. Okerstrcth and unanimously adopted, it was #7-219-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, July 21, 1959 on Petition V-44a as submitted by Stanley Czarny for the vacating of easement over the south 6 feet of Lot 450, Thomas Elliott Subdivision in the Northeast 1/4 of Section 36, the City Planning Commission does hereby recommend to the City Council that Petition V-44a be denied for the reason that because of the peculiar wording of the 1[40 dedicatory clause in the original plat, the city acquired no interest which it can properly vacate, consequently upon the suggestion of the Law Department we deny said petition and recommend to the petitioner that he obtain a quit claim deed from the original grantor, and FURTHER RESOLVED notice of the above hearing was published in the official newspaper, The Livonian, under date of July 2, 1959 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers Power Co., City Departments, petitioner and abutting property owners as listed in the Proof of Service. The chairman declared the foregoing motion is carried and the resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition V-4 by Warner and Warner on behalf of Green Brothers Builders requesting that part of Hees Avenue in the New-Joy Subdivision in the Southeast 1/4 of Section 32 be vacated. Mr. Warner was present. Mr. McCullough submitted a letter dated July 20, 1959 from the DPW and another dated July 20, 1959 from The Detroit Edison Company. Mr. Angevine asked if there was anyone in the audience who wished to speak either in 1[40 favor or opposed to petition. Mr. A. Gennes, 36164 Joy Road objected to vacating Hees Avenue stating that this street might be necessary when the property to the west is ever developed. Mr. Alexander Sekel, 36650 Joy Road concurred with Mr. Gennes. c E 11 1[40 Mr. Walker stated if Hees Avenue was vacated, there would still be two streets within 650 ft. Mr. Warner stated their reason for requesting the vacating of Hees was because it was felt that this would break up the long length of Hees which presently begins on the east border of New-Joy Subdivision. It was over a mile in length. Mr. Harsha asked if the City had any plans for any water or sewer easement which would run through that particular piece of property. Mr. McCullough stated Mr. Hiltz of the Engineering Division had informed the Commission there were no plans. made byMr. Robinson, supported by Mr. Harsha, it was Upon a motion duly #7-220-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, July 21, 1959 on Petition V-46 as submitted by Warner & Warner, on behalf of Green Brothers Builders, for the vacating of Hees in the New-Joy Subdivision in the Southeast 1/4 of Section 32, the City Planning Commission does hereby recommend to the City Council that Petition V-46 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of July 2, IL 1959 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers Power Co., City Departments, petitioner and abutting property owners as listed in the Proof of Service. AYES: Walker, Kane, Harsha, Anderson, Greene, Okerstrom, Robinson and Angevine NAYS: None The Chairman declared the foregoing resolution is adopted. Mr. McCullough announced the next ttem on the agenda was Petition V-47 by Robert H. Cain, requesting that the present easement beginning at the junction of Lots 197, 199 and 200 in the Livonia Meadows Subdivision in the Southeast 1/4 of Section 12, be relocated in order to locate his garage in a more efficient position. Mr. Robert Cain was present. Mr. McCullough stated the same reason for denying Petition V-44a applied to this petition as the city has no proprietary interest. Further stated a letter dated July 20, 1959 had been received from the Detroit Edison Company and another from the DPW dated July 16, 1959. IriMr. Angevine asked if there was anyone in the audielce who wished to speak. Mr. Cain asked what procedure did he have told be takenfollow o caredicate the new ef by the eaeasement to the city. It was determined that this w Department. Upon a motion duly made by Mr. Robinson, supported by Mr. Kane, it was 121[4. #7-221-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, July 21, 1959 on Petition V-47 as submitted by Robert Cain for the vacating of the present easement beginning at the junction of Lots 197, 199 and 200 in the Livonia Meadows Subdivision in the Southeast 1/4 of Section 12 and relocating said easement, the City Planning Commission does hereby recommend to the City Council that Petition V-47 be denied for the reason that the dedication clause on the original plat conveys no proprietary interest to the city and further that we recommend to the petitioner that he obtain a quit claim deed from the original grantor, and { FTFTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 2, 1959 and notice of which hearing was sent to The DetroitEdison Co. , Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co., The Consumers Power Co. , City Departments, petitioner and abutting property owners as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Kane, Harsha, Anderson, Greene, Okerstrom, Robinson and Angevine NAYS: None 1[40 The Chairman declared the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition Z-329a by the City Planning Commission to determine whether or not Article 10.00 and 11.00 of Ordinance No. 60 be amended by changing the language of Sections 10.17 and 11.19. (Commercial setback) It was determined that this petition was to amend the set-back requirement from 40 ft. to 60 ft. Mr. Angevine asked if there was anyone in the audience who wished to speak. There was a brief discussion among the commission members. Upon a motion duly made by Mr. Robinson, supported by Mr. Okerstrom, it was ;7-222-59 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-329a as submitted by the City Planning Commission on their own motion to determine whether or not to change the language of Section 10.17 and 11.19 of Article 10.00 and 11.00 of Ordinance No. 60, the City Planning Commission does hereby recommend to the City Council that Petition Z-329a be denied because it was felt that the 60 ft. required in said petition was an excessive depth for a setback in a commercial zoning, 1[40 and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 2, 1959 and notice of which hearing was sent to The Detroit Edison Co., Chesapeake & Ohio Railway Co., Michigan Bell Telephone Co. , The Consumers Power Co., City Departments as listed in the Proof of Service. 13 A roll call vote on the foregoing resolution resulted in the following: 1[40 AYES: Walker, Hershel Anderson, Okerstrom, Robinson and An.. vine NAYS: Greene NOT VOTING: Kane The Chairman declared the foregoing resolution is adopted. Mr. Angevine called for a recess at approximately 10:05 p.m. The Chairman called the public hearing back to order at approximately 10:25 p.m. with all those present now who were present at the time recess was called. Mr. McCullough announced the next item on the agenda was the proposed New-Joy Subdivision #2 (formerly part of New-Joy Subdivision) located North of Joy Road and South of Ann Arbor Trail, apprwimately 2800 ft. East of Newburgh Road in the Southeast 1/4 of Section 32. This plat was submtted by Green Brothers. Mr. Warner was present for the petitioners. Mr. McCullough submitted a letter dated July 16, 1959 from the Livonia Fire Dept.; a letter dated July 20th from the Police Department and a letter dated July 21st from the Bureau of Inspection. He further £'tater' that he had had a verbal report from the Parks & Recreation stating they did not require any of this property for recreational purposes. The Chairman asked if there was anyone in the audience who wished to speak either 1 in favor or opposed to petition. Upon a motion duly made by Mr. Walker, supported by Mr. Anderson and unanimously adopted, it was #7-223-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, July 21, 1959 the City Pl,=nning Commission does hereby give approval to preliminary plat of the New Joy Subdivision #2 located in the Southeast 1/4 of Section 32, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department, Parks & Recreation Department and Members of the Plat Committee. The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr.McCullough announced the next item on the agenda was the propose 5. Rosedale Gardens #18 located East fade of Farmington Road between Oregon and Kentuck Avenues in the Southeast 1/4 of Section 34 which had been submitted. by Fisher Homes, Inc. Mr. Warner present for petitioner. 1 Mr. McCullough submitted a letter dated July 16th from the Fire Department; a letter dated July 20th from the Police Department and another letter dated July 21st from the Bureau of Inspection. He further stated the Parks & Recreation Dept., had notified him that they had no objection. No communication has been received from the School Board. Mr. Robinson stated thatdseveral residents from the surrounding area were present tonight and had question what type of home would be built in this proposed sub- :1 .4) i / 14 risdivision. Mr. Warner stated he was not prepared to answer in detail but was quite sure these new homes would be comparable to the existing homes. In answer to Mr. Robinson's question as to whether or not they would be built of brick, Mr. Warner stated he had not discussed this detail with the developer but felt that they were planning on brick homes. Mr. Walker asked for the report from the Plat Committee. Mr. Harsha, Chairman of the Plat Committee, stated the plat was in keeping with the ordinance requirements of the city. Mr. Robinson and Mr. Okerstrom concurred with Mr. Harsha. The Chairman asked if there was anyone in the audience who wished to speak either in favor or opposed to plat. An interested person stated that several residents of the surrounding area were present and they all felt that these new homes should be the same as their homes; they did not wish to have asbestos siding on the rear of the homes. The property owners felt this would devaluate their homes for resale. Mr. Angevine stated that the developer is only required to meet" the building requirements of the city. 1[40 Another question was brought up as to whether or not the lots 'would have a staggered set back on Farmington and also if there would be the same number of lots on Farmington as there are presently on Virginia. Mr. Anderson stated he could not understand this objection because the developer will have to meet the requirements of the City as to the frontage on Farmington and as to the size of the lots. It may be because of the curve on Virginia that the number of lots on Farmington will be one more than on Virginia. Stated further that the Commission has no control on the type of home to be built. It was determined that asbestos homes would be allowed. Mr. Robinson stated that the developer cc'uld be asked to commit himself as to the type of home to be built on these lots. Mr. Warner stated he did not believe that the developer had anything in mind but brick homes. He was quite confident nothing but brick homes will be built but he could not say definitely because he had not discussed it with his client. Er. Warner felt sure that his client would make a statement to the affect that these homes will be built of brick. Mr. Walker was excused at 10:45 to attend the City Council meeting. Mr. Harsha stated that the Commission had no control,other than the size of home, the necessary set back requirements from the road and the proper yard requirements , over the type of home to be built. 1[40 Upon a motion duly made by Mr. Ckerstrom, supported by Mr. Kane, it was -,7s--2.,/_. 15 I: #7-224-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, July 21, 1959, the City Planning Commission does hereby give approval to preliminary plat of the Rosedale Gardens #18 located on the East side of Farmington Road between Oregon and Kentucky in the Southeast 1/4 of Section 34, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Superintendent of Schools, Fire Depe-.tmert, Police Department, Parks and Recreation Department and Members of the Plat Committee. :i roll call vote on the foregoing resolution resulted in the following: AYES: Kane, Harsha, Lnderson, Greene, Okerstrom and Angevine NAYS: Robinson The question was asked why were the notices sent out if the property owners could not stipulate the type of home to be built. The audience was informed by the Chairman that this was in accordance to the ordinance - property owners adjoining property to be platted must be notified by certified mail. Er. McCullough announced the next item on the agenda was Petition M,-156 by Eva Moore who is requesting permission to operate a home beauty shop at 30035 W. Seven Mile Road located on the South side of Seven Mile Road between Melvin and Doris in the Northeast 1/4 of Section 11. Mr. & Mrs. E. Moore present. It was determi.-:i that the parking facilities were to be on the vacant parcel east of the property on which the home was situated upon. This parcel was owned by the petitnner. Mr. Walker returned at 11:50 p.m. Mr. Angevine asked if there was anyone in the audience who wished to speak either in favor or opposed to petition. Mir. B. Jarrett, 30031 W. Seven MileRoad objected to the beauty parlor. Mr. & Ers. James Petrie, 18302 Melvin stated they did not object to the request. Er. William Ullius, 16989 Melvin concurred with Mr. & Mrs. Petrie. Upon a motion duly made by Mr. Anderson, supported by Mr. Robinson, it was #7-225-59 RESOLVED that, pursuant to a Public Hegring having been held on Tuesday, July 21, 1959, the City Planning Commission does hereby deny Petition M-156 by Eva Moore requesting permission I[: to operate a home beauty shop at 3Q035 W. Seven Mile Road in the Northeast 1/4 of Section 11 for the reason that said beauty parlor is not a suitable use for a home occupation, in-this vic- inity. 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. r�s-53 16 A roll call vote on the foregoing resolution resulted in the following: J!ES: Kane, Haraha, Anderson, Greene, Okerstram, Robinson and and Angevine HAYS: Walker The chairmen declared the motion is carried and the foregoing resolution is adopted. Air. McCullough iced the next item on the agenda was Petition 14-159 by David Lewis requesting permission to stagger the setback dimensions in the Bai-Iynn Park Subdivision on Lots 1, 2, 3, 4, 7-9 incl., 10, 11, 12 and l,3 pursuant to Ordinance 0197 in the Southwest 1/4 of Section 23. ler. Harry Nater was present representing told Lewis. Kr. Angevin* asked if there was anyone in the audience who wished to speak either in favor or apposed to petition. Mr. T• Asquinne, 14665 Flamingo objected to request made in Petition M-159. He felt that Nr. Lewis had created the problem he is situated with and questioned whether or net the City should mete amends to correct said situation. He stated further if approval is granted as requested, it would set a precedent for other homes along Schoolcratt. He stated Kr. Lewis should abide by the ordinance which states 75 ft. setback along Schooloraft. Hr. S. Petersen, 30952 Schoolcraft concurred with Mr. Asquini. Mr. Olcerstram asked Hr. gayer why the setback for Lot #1 cannot be 75 ft. Mr. Nayer stated Mr. Lewis bead requested 79 ft. because he felt it would be more II: pleasing to the eye. Mr. Walker suggested that the first home be setback as the house that is presently located to the west. There was a brief discussion among the commission webers as to how the setbacks cf the 3O listed in letter of Ur. Lewis, should be staggered. Upon a motion duly made by hr. Robinson, supported by Hr. Kane, it was 0426-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, July 21, 1959 the City planning Commission does hereby grant petition of David Lewis requesting permission to stagger the setback dimensions in the 9ai-larrer Park Subdivision in the Southwest 1/4 of Section 23, said setback dimensions to be as follows: Establish a 75 ft. setback for Lot #1, Stagger the setback dimensions beginning with Lot #2 - 4 inclusive at equal increments and estab)iih setbacks for Lots 7 - 13 in- . clueless as requested in letter dated dune 18, 1959, and RESOLVED,MISS notice of the above hearing was sent to property owners within 500 tat, petitioner and City Departments as listed to the proof of Service. Hr. (kcrstIsS stated he did not agree with decision. A roll call vete an the foregoing resolution resulted in the following: 411S: lane, Marsha, s4srsen. Greens, Robinson and Angevine $d3: Welker and Ckerstram 17 The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. McCullough announced the next item on the agenda was Petition M-160 by Joseph Crenshaw who is requesting permission to construct a motor supply and service station on the Northeast corner of Seven MileRoad and St. Francis in the Southeast 1/4 of Section 1. Mr. Crenshaw and Yr. Charest were present. Mr. McCullough submitted a letter dated July 21, 1959 from the Bureau of Inspection which indicated that a portion of flood plants would have to be filled in prior to any construction of motor supply and service station. A letter dated July 17, 1959 had been also received from the Board of County Road Commissioners. It was determined that the parking of dump trucks and bull dozers was not allowed in a C-1 district. It was also stated that compls::nts have been received that part of the flood plain had been filled in without permission. Mr. Robinson stated that a request to fill in the flood plates should be submitted before filing said petition. Mr. Charest stated that there was nothing to indicate that this was a flood plain. Mr. Okerstrom asked if the petitioner had a letter indicating that this is not a flood plain. Mr. Charest stated that they had been notified that afternoon that this is a flood IIplain, They had had no knowledge of it up to that time. He further stated that !the City could not deprive a pens n use of his property without due compensation Made for the purchase of said pi�5perty. Mr. Kropf stated this would be up to the court to decide. Mr. Walker asked if the motor supply would be for automotive parts. Mr. Charest stated this would only be for a gasoline station and suggested that petition be approved subject to having the flood piein made more clear. The Chairman asked if there was anyone in the audience who wished to speak either in favor or opposed to petition. Upon a motion duly made by lir. Robinson, it was #7- -59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, July 21, 1959, the City Planning Commission does hereby grant petition of Joseph Crneshaw requesting permission to construct a service station in the Southeast 1/4 of Section 1, 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. 1[The motion died for lack of support. Mr. Okerstrom suggested that this item be taken under advisement until information is received from the Engineering Department in relation to the flood plain. Mr. Robinson stated he could not see why this petition could not be approved and 1 1 18 and later if it is found to be necessary, the petitioner can present a petition li: to the Planning Commission to receive permission to fill in the flood plain. Mr. [talker suggested that this item be taken under advisement until a recommendation can be received from the Engineering Department as to whether or not this flood plain is necessary. Mr. Angevine stated that this item would be taken under advisement. Mr. Kane stated he felt that the plot plan of the proposed gasoline station should also oe studied. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Robinson, it was #7-227-59 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing at approximately 11:40 p.m. on Tuesday, July 21, 1959. A roll call vote on the foregoing resolution resulted in the following: AYES: KANE, Walker, Harsha, Anderson, Greene, Robinson, Okerstrom and Angevine NAYS: None The Chairman declared the motion is carried and the foregoing resolution is adopted. I[: Mr. Angevine called the 105th Regular heeting to order with all those present now who were present at the time the public hearing was adjourned. Mr. McCullough announced the next item on the agenda was Petition M-15$ by the Livonia Drive-In Theatre Company, Inc., who are requesting permission to erect and operate a drive-in theatre on property located on the IJorth side of Plymouth Road between Levan and Newburgh Roads in the Southwest 1/4 of Section 29. Public Hearing June 30, 1959, item taken under advisementy study meeting July 14, 1959. Mr. Harold N. Harris, attorney for Mr. Schreiber and Company was present. Mr. HcCullctgh sub fitted a letter dated July 20, 1959 from the Department of Public Works in relation nether or not an access road is necessary on Amrhein Road. Mr. Walker asked if the reports from the Police Department, Fire Department and Health Department had been received. Mr. Walker felt that the previous reports from other hearings could not be used for this petition as this was a brand new request. Mr. Harris stated that the ordinance did not state that these reports were to be submitted to the Planning Commission, only to the City Clerk. Mr. Walker read a portion of Ordinance 193 which stated clearly that these reports were to be sub- mitted to the Planning Commission in addition to the City Clerk. He further stated that at the time the Planning Commission had granted the previous petition, he had voted in favor, but under duress. There were new facts in relation to the drive- in since that approval had been granted. One of these was the drainage problem on Newburgh and Amrhein. Another was that the Chamber of Commerce had asked that industrial zoned property be kept for that use only. Still another was the pending court case between T. Crantz and R. Schreiber as mentioned in detail in the Mayor's letter of Mayl, 1959. Mr. Walker concluded by stating that he'd rather not act upon this petition until such time that the court case mentioned previously is settled. 19 Mr. Greene asked Mr. i.ngevine to read the letter from Mayor Brashear dated _ May 1, 1959. Mr. '•_ngevine complied. Mr. Greene then asked Mr. Schreiber why action was delayed after it was started on the drive-in. hr. Harris, attorney for hr. Schreiber, answered that the Bureau of Inspection would not accept the plans until the license was approved. Mr. Greene further stated that since the property would be more valuable taxwise, could the ordinance as amended be retroactively applied Mr. Kropf stated that the court could very well say that this was improper use of govennment power. Mr. Greene continued by stating that the Planning Commission may have been in error designating Drive-In Theatres in N-1 and if so the petitioner should not be made to suffer because of this. ir. Kropf stated that the function of the Planning Commission is to plan for the community, and if the Planning Commission denies said petition a reason for denial must be given which could be the tax base. iir. Harris stated that this was a new application and should be treated as such. The first application had been submitted by Raymond Schreiber, this applic,•.tion had been submitted by the Livonia Drive-In Theatre Company, a Michigan Corporation. The objections raised against i'ir. Schreiber cannot be applied to in this case as the applicant is not Raymond Schreiber. Stated further that they have complied with Ordinance 193 and 194 and that there was nothing; in the ordinance regarding tax base. The reports from the Fire De- partment, Police Department and Health Departent had been submitted by them- could not give reason why they were being held up and not submitted to the Planning Commission. Mr. Greene asked how can we take action without these reports - the reason they are requested is to help in making our decision. Mr. Harris stated that approval could be granted subject to these reports being received and if they are unsatisfactory we will withdraw our appli- cation. hr. Greene asked Mr. Austin Grant, who was in the audience, if he would con- vey to them the feelings of the Council on this matter. Mr. Grant answered that he could not answer for the Council on this matter but that he personally did not like Drive-In theatres. Also he would be guided by the legal aspects and try to reach a decision that will not have to be argued in court. Mr. Grant concluded that his decision will be re- vealed by his vote at the time it is taken. Upon a motion duly male bj Mr. Greene, supported by hr. Kane, it was ;'7- -59 iOLV ,D that, pursuant to a Public Hearing having been held on Tuesday, June 30, 1959, the City Planning Commission does IL: hereby grant petition M-158 by the Livonia Drive-In Theatre Company, a Michigan Corporation, and certifies to the City Council that it finds the proposed Drive-In Theatre will not be injurious to the surrounding neighborhood, will not be con- trary to the spirit and purpose of the honing Ordinance, and will not be located within 1,000 feet of any district zoned residential. 7 20 FURTHER RESOLVED, that the Planning Commission does hereby recommend 1[1: to the City Council that Petition 11-158 be approved, subject to the following conditions: (1) that the drive-in theatre be setback no less than 730 feet from the property line adjacent to Plymouth Road, (2) that an exit be provided on Amrhein Road, (3) that acceleration and deceleration lanes be provided on Plymouth Road as designated on the submitted plans, (4) that this is being approved subject to the Planning Commission receiving the reports from the Fire Department, Police Department and Health Department and that if these reports are unfavorable it will nullify this approval and have the right to reconsider application. FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioners and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Kane, Harsha, Greene and Angevine NAYS: Walker, Anderson, Okerstrom and Robinson The Chairman declared the motion was not carried as it was a tie vote. ILMr. Walker suggested that this item be taken under advisement as there was no other alternative. Mr. Angevine concurred. Upon a motion duly made by Mr. Robinson, supported by hr. Walker, it was 17-228-59 RESOLVED that, pursuant to a reconsideration as requested by Harold E. Edwards, the City Planning Commission does hereby deny said request to reduce topsoil bond in relation to Application TA-44. A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Kane, Marsha, Anderson, Greene, Okerstrom, Robinson and Angevine NAYS: None The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. Marsha was excused for the remainder of the meeting at 12:35 p.m. Upon a motion duly made by Mr. Robinson, supported by hr. Walker, it was in-229-59 RESOLVED that, the City Planning Commission does hereby grant request dated June 26, 1959 from Gordon-Begin Real Estate, Inc. for a one-year extension on the Alar-Git Sub- division located in the Southwest 1/4 of Section 24. IC: roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Kane, Anderson, Greene, Robinson and Angevine NAYS: Ckerstrom The Chairman declared the foregoing resolution is adopted. ._,?,s--2' ,S 21 Ir. Upon a motion duly made by Mr. Robinson, supported by Mr. Walker, it was #7-230-59 RESOLVED that, the City Planning Commission does hereby grant request dated June 26, 1959 from Gordon-Begin Real Estate, Inc. for a one-year extension on the Patty-Ann Subdivision #2 located in the Northwest 1/4 of Section 24. A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Kane, Anderson, Greene, Robinson and Angevine NAYS: Okerstrom The Chairman declared the foregoing resolution is adopted. Upon a motion duly made by Er. Robinson, supported by Er. 1 calker,it was #7-231-59 RESOLVED that, the City Planning Commission does hereby grant request dated June 26, 1959 from Gordon-Begin Real Estate, Inc. for a one-year extension on the Lawr-el Sub- division located in the Southwest 1/4 of Section 24. A roll callvote on the foregoing resolution resulted in the following: AYES: Walker, Kane,Anderson, Greene, Robinson and Angevine NAYS: Okerstrom ILThe Chairman declared the foregoing resolution is adtpted. Upon a motion duly made by Ir. Robinson, supported by Mr. Walker, it was #7-232-59 RESOLVED that, the City Planning Commission does hereby grant request dated June 26, 1959 from Gordon-Begin Real Estate, Inc. for a one-year extension on the Marcy-Ann Sub- division located in the Southwest 1/4 of Section 24. A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Kane, Anderson, Greene, Robinson and Angevine NAYS: Okerstrom The Chairman declared the foregoing resolution is adopted. Upon a motion duly made by Er. Robinson, supported by Er. Walker, it was P-233-59 RESOLVED that, the City Planning Commission does hereby grant request dated June 26, 1959 from Gordon-Begin Real Estate, Inc. for a one-year extension on the Belle Mar Subdivision #2 located in the Southeast 1/4 of Section 23. IliA roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Kane, Anderson, Greene, Robinson and Angevine NAYS: Okerstrom The Chairman declared that the foregoing resolution is adopted. -;,) ,59,5 22 1E: Upon a motion duly made by Mr. Okerstrom, supported by Mr. Robinson, it was i'7-234-59 RESOLVED that,final plat of Bretton Gardens Colony in the Southeast 1/4 of Section 2 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 April 7, 1959; and it further appearing that said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Uorks under date of May 18, 1959; and it further appearing that a bond in the amount of 31600.00 to cover the installation of improvements has been filed in the office of the City Clerk under date of July 8, 1959; such bond having been approved by R. C. Kropf, Assistant City Attorney under date of July 8, 1959 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. A roll call vote on the foregoing resolution resulted in the following: AYES: talker, Kane, Anderson, Greene, Okerstrom, Robinson and Angevine NAYS: None ILThe Chairman declared the foregoing resolution is adopted. Upon a motion duly made by Hr. Okerstrom, supported by Mr, Kane, and unanimously adopted, it was i?-235-59 RESOLVED that, final plat of the Yale Homes Subdivision #2 located in the Northeast 1/4 of Section 32 be given final approval subject to developer improving Yale Avenue as stated in tentative approval granted July 23, 1957, and FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission July 23, 1957; and it further appearing that said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Uorks under date of September 12, 1957; and it further appearing that a bond in the amount of ; 6,300.00 to cover the installation of improvements has been filed in the office of the City Clerk under date of June 22, 1959; such bond having been approved by R. C. Kropf, Assistant City Attorney on July 16, 1959 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 is adopted. 1[10 Upon a motion duly made by Mr.Robinson, supported by Mr. Kane, it was 0-236-59 RESOLVED that, final plat of Bai-Lynn Park Subdivision and Bai-Lynn Park Subdivision #2 in the Southwest 1/4 of Section 23 be given final approval, and 23 ri: FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission on April 2, 1957 and April 21, 1959; and it further appearing that said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Works under date of April 23, 1958 for Bai-Lynn Park Subdivision and Bai--Lynn Park Subdivi- sion #2; and it further appearing that a bond in the amount of $9,000 for Bai-Lynn Park Subdivision pursuant to Council resolutions #295-58 and #698-58 and another in the amount of 01,000.00 for Bai-Lynn Park Subdivision #2, pursuant to Council Resolutions #599-58, #85-59 and #312-59, to cover the installation of improvements has been filed in the office of the City Clerk under date of July 3, 1959; such bond having been approved by Charles J. Pinto, Assistant City Attorney under date of July 3, 1959 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Kane, Anderson, Greene, Robinson and Angevine NAYS: Okerstrom The Chairman declared the foregoing resolution is adopted. IL Upon a motion duly made by lir. Robinson, supported by lir. Kane, and unanimously adopted, it was 0-237-59 RESOLVED that, final plat of the Schulgren Subdivision #2 in the South 1/2 of Section 32 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 September 17 and April 16 and it further appearing that said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Works under date of December 11 and 12, 1958; and it further appearing that a bond in the amount of 0,000.00, pursuant to Council Resolution ;;436.,59, to cover the installation of improvements has been filed in the office of the City Clerk under date of July 20, 1959; such bond having been approved by William Ponder, City Attorney under date of July 20, 1959 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 is adopted. Upon a motion duly made by Mr. Robinson, supported by Mr. Kane and unanimously adopted, it was 1[40 #7-238-59 RESOLVED that, final plat of the Schulgren Subdivision #3 located in the South 1/2 of Section 32 be given final approval, and 24 11[: FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission April 16 and September 17, 1957; and it further appearing that said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Works under date of December 11 & 12, 1958. and it further appearing that a bond in the amount of ;10,000.00, pursuant to Council Res.#437-59, to cover the installation of improvements has been filed in the office of the City Clerk under date of July 20, 1959;such bond having been approved by William Ponder, City Attorney on July 20, 1959 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 is adopted. Upon a motion duly made by Mr. Robinson, supported by Mr. Kane and unanimously adopted, it was #7-239-59 RESOLVED that, the City Planning Commission does hereby approve statement of Albe Munson for professional services rendered during month of June in the amount of e'41.00 and forward same to proper department for payment. The Chairman declared the foregoing resolution is adopted. IL: Upon a motion duly made by Mr. Walker, supported by hr. Kane and unanimously adopted, it was i7-240-59 RESOLVED that, the City Planning Commission does hereby approve statement of The Livonian, Inc. in the amount of X91.60 for public hearing notices for June, 1959 and forward same to the proper department for payment. The Chairman declared the foregoing resolution is adopted. Upon a motion duly made by Mr. Walker, supported by Mr. Kane, it was #7-241-59 RESOLVED that, minutes of meeting on June 30, 1959 be approved except for that member who was not present, he abstain from voting. A roll ca11 vote on the foregoing resolution resulted in the following: AYES: Walker, Kane, Greene, Okerstrom, Robinson and Angevine NAYS: None NOT VOTING: Anderson The Chairman declared the foregoing resolution is adopted. If: Mr. Anderson stated he did not vote for the reason ht: had not read the copy of minutes as yet. Upon a motion duly made by Mr. Walker, supported by Mr. Robinson, and unanimously adopted, it was 25 (0-242-59 RESOLVED that, final plat of the Westrail Subdivision in the Southeast 1/4 of Section 32 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 April 12, 1955 and June 3, 1958; and it further appearing tht said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Works under date of July 11, 1958; and it further appearing that a cash bond in the amount of w 5,255.00 to cover the installation of improve- ments has been filed in the office of the City Clerk under date of July 1, 1959; 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 is adopted. Upon a moticn duly made by Er. Robinson, supported by hr. Walker, and unanimously adopted, it was 7-243-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, June 30, 1959 the City Planning Commission does hereby grant Application TA-54 by Nelson Dembs who is requesting per- mission to remove topsoil from portion of Beverly Gardens Subdivision and proposed Hillcrest Avenue Subdivision in the Northwest 1/4 of Section 11, subject to the following conditions: (a) that the applicant shall not at any time allow water to collect on the subject property or on adjoining property and at all times shall maintain adequate drainage; (b) that the applicant shall not excavate below the grade of any proposed subdivision streets. (c) that the applicant shall at all times comply with all traffic requirements established by the Police Department, (d) that the applicant shall be obligated to seed all of the land from which topsoil has been removed with some seed acceptable to the Department of Parks & Recreation unless at the time the applicant petitions for the release of the topsoil bond, the Planning Commission relieves the petitioner of this obligation and, FURTHER RESOLVED, that a performance bond be fixed on the above application for approximately 18 acres more or.Kless at <; 500.00 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 June 30, 1959 and from the Police Department under date of June 22, 1959. The Chairman declared the foregoing resolution is adopted. 6 26 Upon a motion duly made by Mr. Robinson, supported by Mr. Walker, and unanimously adopted, it was P-244-59 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, June 30, 1959 the City Planning Commission does hereby grant Application TA-55 by Nelson Dembs who is requesting permission to remove topsoil from proposed Pickford Gardens Sub. in the Northwest and Northeast 1/4 of Section 11, subject to the following conditions: (a) that the applicant shall not at any time allow water to collect on the subject property or on adjoining property and at all times shall maintain adequate drainage; (b) that the applicant shall not excavate below the grade of any proposed subdivision streets. (c) that the applicant shall at all times comply with all traffic requirements established by the Police Department; (d) that the applicant shall be obligated to seed all of the land from which topsoil has been removed with some seed acceptable to the Department 6 Parks & Recreation unless at the time the applicant petitions for the release of the topsoil bond, the Planning Commission relieves the petitioner of this obligation, and FURTHER RESOLVED, that a performance bond be fixed on the above application for approximately 11 acres more or less at $500.00 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 June 30, 1959 and from the Police Department under date of June 22, 1959. The Chairman declared the foregoing resolution is adopted. Upon a motion duly made by Mr.Robinson, supported by Mr. Okerstrom and unanimously adopted, it was #7-245-59 RESOLVED that, final plat of Burton Hollows Subdivision #2 in the Northeast 1/4 of Section 16 be given final approval, and FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed subdivision plat was given by the City Planning Commission July 16, 1957 and July 1, 1958; and it further appearing that said proposed plat together with the plans and specifications for improvements therein have been approved by the Department of Public Works under date of May 4, 1959; and it further appearing that a bond in the amount of 0365,000.00 to cover the installation of improvements has been filed in the office of the City Clerk under date of July 17, 1959; such bond having been approved by William Ponder on July 21, 1959 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. 27 IroUpon a motion duly a..;.de by Mr. Okerstrom, supported by Mr. Kane, it was 0-246-59 RESOLVED that, the City Planning Commission pursuant to Section 20.01 of the Zoning Ordinance of the City of Livonia, does hereby establish and order that a public hearing be held to determine whether or not to rezone the following described land from its present zoning classification to M-2 (Heavy Industry): All of the Southwest 1/4 of Section 30, lying north of Plymouth Road except the South 200 feet thereof, and that a hearing be held .nd 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 a report submitted and recommendation thereon to the City Council. A roll call vote on the foregoing resolution resulted in the following: AYES: Walker, Kane, Greene,A:sderson, Okerstrom, Robinson and Angevine NAYS: None The Chairman declared the foregoing resolution is adopted. li: Upon a motion duly made by Mr. Okerstrom, supported by Mr. Anderson, this 105th Regular Meeting was duly adjourned at approximately 1:00 A.M. on Wednesday, July 22, 1959. CITY PLANNING COM IISSION William R. Robinson, Secretary ATTESTED: ,/„.„„, e 7 41 ' 'ert L. .:ngevine, Liman