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HomeMy WebLinkAboutPLANNING MINUTES 1961-08-15 t MINUTES OF A PUBLIC HEARING AND THE 3244 130TH REGULAR MEETING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA 1: On Tuesday, August 15, 1961 the City Planning Commission of the City of Livonia held a public hearing and the 130th Regular Meeting at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Charles W. Walker, Chairman, called the public hearing to order at approximately 8:00 p.m. Members present: James Cameron, Leonard K. Kane, Robert M. Peacock, Robert L. Angevine, W. E. Okerstrom, James Watson. , and Mr. Charles W. Walker Members absent: **Dennis Anderson and Robert L. Greene Mr. McCullough, City Planner was present along with approximately 100 interested persons in the audience. Mr. McCullough: The first item on the agenda is Petition Z-516 by the City Planning Commission on its own motion to determine whether or not to rezone certain property in and around the Alden Village Subdivision located in the South half of Section 28 from R1B, RUFB and M-1 to RUB. This property is located north of Plymouth Road, approximately 1,000 ft. West of Farmington Road. This petition was initiated at the request of the Tri-Sub Civic Association. The lots in the Alden Village Subdivision 1. are all between 15,000 and 20,000 sq. ft. in area. It has been zoned R-lB requiring only 7200 sq. ft. for a:number of. years.. They are requesting that it be rezoned to RUB in order to maintain the present size of their lots. Mr. Joseph Vanzo, 12066 Boston Post Road, representative from the Tri-Sub Civic Association was present. Mr. Walker: Is there anyone in the audience who wishes to speak? Gentlemen, do you have any questions concerning this petition? Mr. Angevine: I presume that everyone in the subdivision concurs with this rezoning? Mr. Vanzo: Yes, they do. Mr. Walker: There is only one question that I have. Should this be rezoned to RUB or RUA. The civic association doesn't object to the "A" classification provided that the Planning Commission doesn't increase the requirement in the future. If we do intend to increase the square footage in the house size then they would prefer the "B" classification. IL: It was determined that the greater part of the homes would be under the "A" classi- fication at the present time. The "A" classification meant 1,000 sq. ft. in the home. Mr. Vanzo: If the "A" classification is increased, it would create a hardship for any future building compared to the homes already existing. 3245 Mr.Angevine: Yes, this would create a problem. It might be wise to establish another classification and not increase the "A" or "B" classification. IL: The question was raised is relation to the area colored "green" on the area plan. Mr. McCullough explained that this small area was zoned M-1 which is also being included in this petition for rezoning. Mr. Angevine: The agenda states RUB. Can we approve this petition for RDA when it was advertised RUB? It was determined that this item would be taken under advisement until it was clarified by the Department of Law that the Planning Commission can approve a different classi- fication other than what was advertised. Mr. McCullough: The next item on the agenda is Petition Z-517 by Jerome Hirsch who is asking that the zoning classification on property located on the South side of Seven Mile Road approximately 1,200 feet west of Merriman in the Northeast 1/4 of Section 10 be rezoned from RLA to R-3. Mr. Hirsch, will you explain to the commission how many children you intend to have in this foster home, any changes you contemplate to the structure or landscaping. Mr. Hirsch (representing the National Council of Jewish Women): This group of women is. interested in establishing a foster home for children in Livonia. They have selected a home on Seven 0IL00 Mile Road for this purpose. (Mr. Hirsch submitted photographs of the site to the commissioners) It is planned to have six children in the home. At the present time there are no plans to increase this number. Mr. McCullough: Will you have a house mother or iatron to take care of these children? Mr. Hirsch: We are hoping to have a husband and wife on the premises as well as one more helper. Mr. McCullough: Any changes in the house? Mr. Hirsch: Any changes will be in the form of improvements. These improvements will be costing around $10,000 which will include a new heating plant, decorating, new landscaping and quite a bit of redecorating on the interior of the building. Mr. McCullough: Any exterior changes? 1[1i, Mr. Hirsch: Only paint and landscaping - no structural changes. 1 Mr. Walker: Does your or3snization own the property? Mr. Hirsch: No, we have a signed agreement to purchase if we can use it for a foster home. The State of Michigan has strict 3246 rules governing foster homes. If you intend to have a foster home you must obtain the consent and approval from the State. If you have six children or more you must get a State license. We have been in contact with the State 11[: and we have assurance that if we make these changes we would have no difficulty in complying with all of the rules and regulations and we are also constantly subject to their rules and regulations with periodic inspections. Mr. Walker: You have a piece of land that is quire narrow for the depth. This is a sort of unusual shape of land to rezone to R-3. Would your client object to the limitation of R-3 on the depth of this property? Mr. Hirsch: Not at all. We have no objection to any form of R-3 as long as we can use it for this particular use. If we abandon this project the zoning can be reverted back to RLA. Mr. Cameron: At the present time you do not intend to have more than six children? What about in the future? Mr. Hirsch: I honestly do not know. I wouldn't guarantee you and I wouldn't want to put myself in that position that in five years there would only be six. The physical appearance of the house and with just one couple and a helper would put a great deal of limitation on the expansion of the project. 1[4. Mr. Peacock: Are these children handicapped physically or mentally? Mr. Hirsch: They do not intend to have physically or mentally handicapped children - they may be troubled emotionally. Mr. Peacock: If they were handicapped, it might be possible to use a PS zone instead of R-3. Mr. Hirsch: The R-3 request was arrived at by your City Attorney. Mr. Peacock: The PS zone would be more desirable in that area. Mr. Walker: Is there anyone in the audience who wishes to speak? Mr. Harcey Moelke: I am the president of the Merriman-Six Civic Association. Our 31740 Curtis) association has unanimously gone on record opposing any change of zoning from the status quo. There is a good many vacant areas already zoned R-3 which are available and this rezoning on Seven Mile Road would constitute spot zoning. Mr. W. Louis Boyinton: I wish to protest to the proposed rezoning. I feel the 31700 W. Seven Mile Road) Planning Commission will be opening the door to a lot of changes in property along Seven Mile Road if this were approved. 1[40 Mr. Okerstrom: I would like to suggest that this be taken under advisement. I would like to have the chance to examine the area before I make any decision. Mr. Jacob Breitenback, 31750 W. Seven Mile Road stated he concurred with the remarks 3247 made by Mr. Boyinton. li: Mr. Moelke stated there were a number of other people in the audience who objected to the proposed rezoning. These people were asked to stand up. There were approxi- mately 15 persons present who objected. Mr. McCullough: The petitioner has stated ha would enter into a deed restriction so that if this area did not develop for this particular use, he would not use it for any other use permissible in the R-3 zoning district. An interested person in the audience stated that there were a lot of homes in Livonia who had foster children. Why did this have to be rezoned to R-3? The others weren't. Mr. McCullough: Perhaps a meeting should be held with the City Attorney, Mr. Moelke and Mr. Hirsch to look into this further. Mr. Walker: Several members have indicated they wish to have this taken under advisement until they have examined the area more fully and in the meantime a meeting can be held as suggested by Mr. McCullough. Mr. Hirsch: Are they objecting to the use or the zoning? Mr. Moelke: We are objecting to the change of zoning. Mr. McCullough: The next item on the agenda is Petition Z-515 by Dr. R. D. Rabinovitch who is asking that the zoning classification IL of property located on the South side of Seven Mile Road approximately one-half mile West of Merriman Road in the Northeast 1/4 of Section 10 be rezoned from RLA to PS. Dr. Rabinovitch was present and explained his reasons for requesting the rezoning. He stated he and his wife were psychiatrists and they worked for the State at the Northville State Hospital. Occasionally they take care of patients outside of the hospital. They hope to set up a small office in the house on this property for the purpose of taking care of these patients. Mr. McCullough: Would you make any structural changes in the house? Dr. Rabinovitch: Only a door and window. There would be no sign and there wouldn't be any parking problem. some weeks we wouldn't have any patients and at the very most only three a week. Mr. Watson: Is there anybody living in the home now? Dr. Rabinovitch: No, it is unoccupied and it will remain empty. Mr. Walker: Is there anyone in the audience who wishes to speak? Mr. H. Moelke: Our Civic Association has taken the stand that this is spot 1[40 zoning and object to any change from the present RLA zone. It seems to be that under the R-1A or RLA zone a doctor is permitted to use his home for his practice. Mr. McCullough: It usedto be permitted but the home occupations were taken out of the permitted uses under residential zoning. 3248 Dr. Rabinovitch: If a school teacher chooses to tutor a child in his home, is that permitted? EMr. McCullough: Technically, no. Mr. Watson: Are you aware that this property is on the north/south line of the proposed Hubbard Street? Dr. Rabinovitch: Yes, I was made aware of this the other day. Upon a motion duly made by Mr. Watson, supported by Mr. Cameron, it was #8-135-61 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-515 as submitted by Dr. R. D. Rabinovitch for a change of zoning in the Northeast 1/4 of Section 10 from RLA to PS, the City Planning Commission does hereby recommend to the City Council that Petition Z-515 be denied for the following reason: (a) to permit PS zoning violates our theory that PS is used only as a buffer between commercial and residential uses; FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 26, 1961 and notice of which hearing was sent to The Detroit Edison Co. , Chesa- peake & Ohio Railway Co. , Michigan Bell Telephone Co. , The Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. ILA roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Watson, Peacock, Angevine, Kane, Okerstrom and Walker NAYS: None Mr. Walker: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is Petition Z-514 by Leon Siegel on behalf of Mary Grande is asking that the zoning classification of property located on the north side of Seven Mile Road approximately 300 ft. East of Lathers in the Southeast 1/4 of Section 1 be rezoned from C-1 and RUFB to PS. Mr. Siegel, who was present, stated he was representing a Miss Mary Grande, a registered nurse who is interested in putting up a convalescent home on this property and in order to do so it is necessary to have this property rezoned from the present zone to a PS zone. He presented a physical plot plan of the whole parcel. The depth of this parcel measured 1,300 ft. The petitioner is requesting a rezoning for 500 ft. The width is 113 ft. The width of the proposed building is 53.8 ft. , with the length at 117 ft. There is a home on the property Miss Grande plans on residing in and she plans on operating the convalescent home herself. The building would be of face brick and will consist of one story. I[: The commissioners examined the site plan. 3249 **Mr. Dennis Anderson arrived at 8:45p.m. Mr. McCullough: The drain located at the north end of the property is a permanently open drain, it will never be closed. Mr. Walker: Is there anyone in the audience who wishes to speak? Mr. James D. Wilson, speaking on behalf of Mr. Jenkins, 28004 W. Seven Mile Road: You say this would be of face brick? How many units would it have? Mr. Siegel: Thirty-five units. Mr. Wilson: What would the average size of unit be? Mr. Siegel: I= not answer that at this moment. I don't know. Mr. Peacock: Do you have a plan of the proposed building? Thirty-five seems quite a lot. Mr. Siegel: No, it was not available at this time. Mr. Okerstrom: If this request for PS were cut down so as to be on a line with the PS zoning to the west, would it be sufficient for the proposed use? EMr. McCullough: I doubt it. Mr. Walker: There are so many areas in the city where the lots are so deep and I feel it is up to the Planning Commission be sure that in using the front part of these parcels that the land in the back does not become landlocked and impossible to use in the future. Mr. Siegel: This property ends into a playground which belongs to the City of Livonia. Miss Grande realizes that the north part of this property will never be used. It's been contemplated that this north part of her property will be donated to the City. Mr. Angevine: Does Miss Grande own all of it and will she continue to own it? Mr. Siegel: Yes, she plans on residing in the house on the premises. Mr. Walker: If there is no objection the Chair will take this under advisement in order that we can look further into this matter. Mr. Peacock: We should have a plan of the proposed building for examination. Mr. Siegel: I will see that a set is forwarded to you. Mr. McCullough: The next item on the agenda is Petition Z-513 by Walter Rozycki, on behalf of the Franciscan Sisters is requesting that the zoning classification of property located on the West side of Middlebelt approximately 630 ft. North of Five Mile Road in the Southeast 1/4 of Section 14 be rezoned from RUFB and C-2 to R-3. 3250 Mr. Walter Rozycki was present and stated the building woula be of face brick and have a set back of 250 ft. from the road. It will house 50 residents. Most of the trees will be retained so that it will be more or less isolated. It was determined that the closest cross street was Wentworth located approximately 1,000 feet to the north. Mr. Rozycki: This project will be opened by the Archdiocese of Detroit. It is supervised by the Franciscan Sisters. They are forced to vacate their present location because of the expressway. It will not be a nursing or convalescent home. It is for male and female residents. Mr. Walker: How soon will you start? Mr. Rozcyki: The ground has been broken, the.building plans have been approved. The only thing left is the question of zoning. Mr. Peacock: How many units? Mr. Rozycki: There will be individual rooms for 50 residents. Mr. Angevine: How far is the western end of your property from Hidden Lane (a private road). It was determined that their property ended approximately 300 ft. from Hidden Lane. Upon a motion duly made by Mr. Rane and supported by Mr. Peacock, it was i1-136-61 RESOLVED that, pursuant to a Public Hearing having been held on Petition Z-513 as submitted by Walter Rozycki, on behalf of the Franciscan Sisters, for a change of zoning in the Southeast 1/4 of Section 14 from RUFB and C-2 to R-3, the City Planning Commission does hereby recommend to the City Council that Petition Z-513 be granted for the following reasons: (1) The land in question lends itself admirably to this use; (2) This is a very socially desirable project and a badly needed facility for the community; FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian, under date of July 26, 1961 and notice of which hearing was sent to The Detroit Edison Company, 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: Cameron, Watson, Peacock, Angevine, Anderson, Kane, Okerstrom and Walker NAYS: None foi Mr. Walker: The motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Cameron, supported by Mr. Peacock and unanimously adopted, it was 3251 #8-137-61 RESOLVED that, pursuant to a Public Hearing having been held on the site plan of the St. Mary's Home for the Aging as submitted by Walter Rozycki, on behalf of the Franciscan Sisters, located in the Southeast 1/4 of Section 14, the City Planning Commission does hereby approve said site plan, subject, however, to the following corrections: (a) that the driveway should be increased to twenty-six (26) feet in width; (b) that the curb cuts should be increased to at least thirty- five (35) ft. Mr. Walker: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is Petition M-227 by the Newburgh Methodist Church requesting permission to erect a church building on the northwest corner of Levan Road and Ann Arbor Trail in the Southwest 1/4 of Section 32. Mr. Morrison, architectof the church, was present for the petitioner. He informed the commission that this was a four acre site on the northwest corner of Levan and Ann Arbor Trail. It was intalded to build a church sanctuary at this time seating 130 members. There will be further additions in the future, such as a kitchen, a fellowship hall, etc. The church parsonage was built in 1960 and faces Ann Arbor Trail. Mr. Morrison continued by saying that it is planned to have a parking area along Levan Road which would contain spaces for 102 cars. There will be a greenbelt of about 5 feet on Levan Road property line and another in front of the parking area. It is a wooded site and pains are being taken to preserve some of the wooded area. It is contemplated at the present time to provide only a portion of the total space for 102 cars. It is intended to develop space for 43 cars only. Mr. McCullough: If you have a 320 seating capacity, you have to have at least 80 spaces. This is very modest. The question was asked if this parking lot would be paved. Mr. Morrison stated that at the present time bids are being taken for only 6" slag or gravel base but it is planned to black top the area in the future. Mr. Walker: Would it be a hardship on the church to increase the parking area? A member of the church board stated if it was necessary to increase the parking area in order to comply with the city ordinance, this would be done. He was in- formed that space for 80 cars was the minimum. Mr. Walker: Anybody in the audience who wishes to speak? Upon a motion duly made by Mr. Peacock, supported by Mr. Angevine, it was #8-138-61 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, August 15, 1961 the City Planning Commission does hereby grant Petition M-227 by the Newburgh Methodist Church requesting permission to erect a church building in the Southwest 1/4 of 3252 Section 32, subject, however, to the following conditions: 1E: (a) that the petitioner increase its parking capacity to 80 autos based upon a seating capacity of 320 people; (b) that the dimensions of each parking stall be made 9' x 20' in accordance with Section 2.42; and (c) that the aisles between rows be increased to at least 22 feet or in the alternative that the stalls be angled with a lesser aisle. 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. Mr. Morrison explained that the church intended to use Levan Road as frontage for their church and Ann Arbor Trail as a side road. They were set back 252 ft. from the property line. A roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Watson, Peacock, Angevine, Anderson, Kane, Okerstrom and Walker NAYS: None Mr. Walker: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is Golfview Meadows Subdivision 1[40 submitted by Frank J. Volk and situated on the south side of Six Mile Road approximately 4,000 feet East of Newburgh between Farmington and Newburgh Roads in the Northeast 1/4 of Section 17 and the Northwest 1/4 of Section 16. Letters had been received from the Fire Department dated August 9, 1961; from the Bureau of Inspection dated August 11, 1961 and from the Police Department dated August 14, 1961. Mr. Okerstrom: At the study meeting held between the developer and the Planning Commission, it was understood that the developer was just interested in receiving approval on Subdivision #1 and not #2 at this time. Mr. Watson: This is what I understood also. It was determined after examining the plat that because the subdivision had only one opening on Six Mile Road, that a temporary one would be put in until the entire subdivision was completed. Mr. McCullough pointed out that the red area on the proposed plat was a proposed street which would end at the extreme west end of the subdivision and which would serve as a connection with the half mile road if it is ever developed in the future. Having this road here would eliminate the stub of Southampton as presently shown on the plat. Mr. Walker: Is there anyone in the audience who wishes to speak? Upon a motion duly made by Mr. Okerstrom, supported by Mr. Angevine, it was 3253 #8-139-61 RESOLVED that, pursuant to a Public Hearing having been held on Tuesday, August 15, 1961 the City Planning Commission does hereby give approval to the preliminary plat of Golfview Meadows Subdivision #1 located in the Northeast 1/4 of Section 17 and the Northwest 1/4 of Section 16, subject, however, to the following conditions: (a) that the street names be changed on the final plat as specified by the City Planner, 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 Departmei.t, Parks & Recreation Department and Members of the Plat Committee. A roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Watson, Peacock, Angevine, Anderson, Kane, Okerstrom and Walker NAYS: None Mr. Walker: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agends is the proposed Daugherty Sub- division submitted by J. A. Daugherty and situated on the Southwest 1[40 corner of Curtis and Merriman Road in the Southeast 1/4 of Section 10. Mr. John Daugherty was present. Letters from the Fire Department dated August 9th, 1961; from the Bureau of Inspection dated August 11, 1961 and from the Police Department dated August 14, 1961 were submitted for record. This proposed subdivision was a replatting of a portion of the Marvin's Robin Hood Subdivision. Mr. McCullough presented a copy of the deed restrictions which are on the Robin Hood Subdivision. There were persons in the audience who live in this subdivision and are objecting to this replatting. It was determined that it has always been the opinion of the City Attorney that the Planning Commission cannot use deed restrictions as a reaeon for turning down a plat. The proposed subdivision consists of half acre lots which comply with the present zoning. The Planning Commission has no control over the house design only over the size of the house which in this case is a minimum of 1,000 sq. ft. per house. Mr. McCullough informed the Commission that the above facts should be kept in mind in coming to a decision. Mr. McCullough: Mr. Daugherty, what size house are you intending to build? Mr. Daugherty: No house will have less than 1,500 sq. ft. and they will range in price around $20,000. 3254 range in price around $20,000. Mr. Walker: Do all the lots meet the half acre minimum size? li: Mr. McCullough: Yes. Mr. Daugherty explained that some time ago he had received approval of a subdivision on most of this property which at the time was called the Curtis Acres Subdivision. This was in 1948 and at that time he was given approval by the surrounding property owners to subdivide these platted lots. The lots across from the proposed subdivision are 600 ft. deep but the rear portion of these lots is not useable because of the ravine running across them. Mr. Peacock: What are the widths of the lots across Curtis? Mr. McCullough: The smallest is 128ft. wide, the largest is 200 ft. wide; the majority are 150 ft. wide. Mr. Cameron: What about the home fronting on Merriman? It was determined that this was excepted from the plat. Mr. Watson: How long have the models on the site been completed? Mr. Daugherty: About two years, one is a rental with an option to buy. Mr. Clarent Charest: I represent Mr. Hazen E. Kunz, 31716 Curtis Avenue who owns 33636 Five Mile Road) a lot directly north of this proposed subdivision. We oppose 1[10 very strongly to the subdivision as presented. If you will check with the legal department, you will find that the correct procedure to alter this subdivision is to go to Circuit Court. Mr. Daugherty has no right to be before you without first vacating the old plat. I feel that a legal opinion should be submitted by the Law Department before any action is taken. Mr. Walker: Was this area in the new subdivision recorded in the other plat? Mr. Charest: Yes, our question is whether or not he can legally do this. I ask that you refer the matter to the City Attorney for an opinion. Mr. Okerstrom: The question before this board is whether the plat ccnforms with the present zoning. It has nothing to do with deed restrictions or legal opinions. I think we have to judge this plat on the present zoning in the area. Mr. Walker: I feel it is worthy of the Planning Commission to find the right answer to this. In all Fairness we should explore this question with the legal department. It is very probable that this will end up in court anyway. I think that our legal 1[414 department should be aware of all the facts that are known before we make a decision on the plat. Mr. Harvey Moelke and Mr. Irving Hutchins objected to the proposed subdivision and the replatting of the present subdivision as recorded. 3255 Mr. Walker: it seems to me that there is no choice but to refer this to IL the legal department with the information that we have before us and if there is no ob;ection from the commission the Chair will so decide. Mr. McCullough informed those-present that he will hold a meeting with Mr. Moelke, Mr. Charest and the City Attorney in order to clarify this matter. Upon a motion duly made by Mr. Kane, supported by Mr. Okerstrom, it was #8-140-61 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on Tuesday, August 15, 1961 at approximately 9:54 p.m. A roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Watson, Peacock, Angevine, Anderson, Kane, Okerstrom and Walker NAYS: None Mr. Walker: The motion is carried and the foregoing resolution is adopted. The Chairman, Mr. Walker, called a recess at approximately 9:55 p.m. * * * * * * * Mr. Walker, Chairman, called the 130th Regular Meeting to order at approximately 10:05 ILp.m. with all those present now who were present at the time recess was Galled. Mr. McCullough: The next item on the agenda is a motion to hold a public hearing to determine whether or not Section 4.45 of Article 4.00 of the Zoning Ordinance of the City of Livonia, Ordinance No. 60, should be amended so as to require a protective wall in the P-1, PS, Commercial or Industrial districts adjoining or contiguous to any residential district or districts. Upon a motion duly made by Mr. Kane, supported by Mr. Angevine, it was #8-141-61 RESOLVED that, the City Planning Commission, pwrsuant 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 Section 4.45 of Article 4.00 of the Zoning Ordinance of the City of Livonia, Ordinance No. 60, should be amended, and FURTHER RESOLVED, that a hearing be held and 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 sub- mitted and a recommendation thereon to the City Council. A roll call vote on the foregoing resolution resulted in the following: l[er AYES: Cameron, Watson, Peacock, Angevine, Anderson, Kane, Okerstrom and Walker NAYS: None Mr. Walker: The motion is carried and the foregoing resolution is adopted. 3456 Mr. McCullough: The next item on the agenda is a motion to hold a public hearing to determine whether or not Section 13.07 of Article 13.00 of li: the Zoning Ordinance of the City of Livonia, Ordinance No. 60 should be amended so as to require a protective barrier between parking areas and any residential district whether or not such residential district has been developed. Upon a motion duly made by Mr. Peacock, supported by Mr. Cameron and unanimously adopted, it was #3-142-61 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 Section 13.07 of Article 13.00 of the Zoning Ordinance of the City of Livonia, Ordinance No. 60, should be amended, end FURTHER RESOLVED that a hearing be held and 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 a recommendation thereon to the City Council. Mr. Walker: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item is a motion to rezone certain parcels in the Northeast 1/4 of Section 3 between Osmus and Merriman Road from RUFB to M-1 for an additional 150 ft. south of the present M-1 zone and south of Eight Mile Road. I[: It was determined after a brief discussion that the owners of these parcels would be contacted to see if they would be interested in filing petitions to rezone their property. Mr. Kane stated he felt that it was the duty of the Planning Commission to plan and not wait for the public to come in and plan for them. Mr. Peacock stated that if after contacting these people and it was determined they did not wish to petition for a rezoning themselves, then the Planning Commission could initiate a petition on their own motion. M_. McCullough was asked to contact the property owners of these parcels. Upon a motion duly made by Mi:. Okerstrom, supported by Mr. Angevine and unanimously adopted, it was #8-143-61 RESOLVED that, pursuant to the 130th Regular Meeting held on Tuesday, August 15, 1961 the City Planning Commission does hereby grant request dated July 27, 1961 from Donald Burns for a year's extension on the preliminary approval of the Evelyn Burns Subdivision located in the Southwest 1/4 of Section 9, subject to all conditions in said approval. Mr. Walker: The motion is carried and the foregoing resolution is 1[40adopted. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Watson, it was #8-144-61 RESOLVED that, having considered City Council's request (Res. #190-61) to reconsider Petition Z-431, particularly with reference to creating uniformity of depth along the north side of Five Mile 3457 Road at Levan Road and further, to reconsider the possibility of eliminating tI.e commercial zoning on the two largest tracts in the area in question, the City Planning Commission does hereby reaffirm its previous position of denial for the following reasons: (a) it would undoubtedly be preferable to have uniform depths of commercial zoning on the north side of Five Mile Road on both sides of land, however, since Roycroft Street in Fairway Farms Subdivision and Kingsbury Heights Subdivision has already been paved, it is difficult at this time to adjust the depth of commercial at this time; (b) that although there is undoubtedly more commercial zoning along Five Mile Road than the projected population levels will support, it is our conclusion that these owners probably have spent considerable sums of money believing this to be commercially zoned. Therefore, to change it at this date would result in a hardship to these owners which would outweigh any advantage accruing to the municipality. A roll call vote on the foregoing resolution resulted in the following: AYES: Watson, Peacock, Angevine, Anderson, Kane, Okerstrom and Walker NAYS: Cameron Mr. Walker: The motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Kane, supported by Mi . Angevine and unanimously I[: adopted, it was #8-145-61 RESOLVED that, the City Planning Commission does hereby approve the minutes for meetings held on Tuesday, July 11, 1961 and July 18, 1961 except for that member who was not present, he abstain from voting. Mr. Walker: The motion is carried and the foregoing resolution is adopted. Mr. McCullough: The next item on the agenda is a motion by the City Planning Commission to hold a public hearing to determine whether or not to rezone certain property in the north half of Section 3 from RUFB t., M-1. After a brief discussion it was determined to take this under advisement until such time that the new zoning district, Manufacturing Limited District, has been adopted. This new ordinance is yet in the planning stage. It will permit a more restricted kind of uses in a manufacturing line. After it is created, a motion to hold a public hearing can be made to rezone the north half of Section 3. This is what the property owners in that part of Section 3 have more or less agreed to. Mr. McCullough: The next item on the agenda is a motion by the City Planning Commission to hold a public hearing to determine whether or not to rezone certain property located on the east side of Middlebelt Road approximately 800 ft. North of Schoolcraft in the Southwest 1/4 of Section 24 from R-1A to C-2. 1[0 Upon a motion duly made by Mr. Kane, sroperted by Mr. Angevine, it was #8- -61 RESOLVED that, the City Planning Commission, pursuant to Section 20.01 of the Zoning Ordinance of the City of Livonia, Ordinance r 3458 No. 60 does hereby establish that a public hearing be held to determine whether or not to rezone the following piece of property: Beginning at a point distance due South 1276.25 feet along the west line of Section 24 from the west 1/4 corner of said Section 24 and proceeding thence S89.31'28" E. , 360.64 feet; thence S 0° 28'32" W. , 444.47 feet; thence S 89° 01' 03" W. , 356.99 feet; thence Due North along the west line of said Section 24, 453.57 feet to the Point of Beginning comprising 3.698 gross acres more or less, from R-1A (Residential one-family) to C-2 (Commercial) . This property is located on the East side of Middlebelt Road approxi- mately 800 ft. North of Schoolcraft in the Southwest 1/4 of Section 24. FURTHER RESOLVED, that a hearing be held and notice be given as provided in Section 20.01 of the Zoning Ordinance, Nrdinance No. 60 of the City of Livonia and that there shall be a report submitted and a recommendation thereon to the City Council. A roll call vote on the foregoing resolution resulted in the following: AYES: Angevine and Kane NAYS: Cameron, Watson, Peacock, Anderson, Okerstrom and Walker Mr. Walker: The motion is not carried, therefore, the foregoing resolution is not adopted and a public hearing will not be held, to rezone prcperty I[: described in resolution. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Kane and unanimously adopted, the City Planning Commission does hereby adjourn the 130th Special Meeting held on Tuesday, August 15, 1961 at approximately 11:00 p.m. CITY PLANNING COMMISSION W. E. Okerstrom, Secretary Attested: Cha es W. Walker, Chairman