HomeMy WebLinkAboutPLANNING MINUTES 1962-01-09 1.
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MINUTES OF A PUBLIC HEARING AND THE
139th SPECIAL MEETING OF THE CITY PLANNING
COMMISSION OF THE CITY OF LIVONIA
On Tuesday, January 9, 1962 the City Planning Commission of the City of Livonia held
a public hearing and the 139th Special Meeting at the Engineering Building, 13225
Farmington Road, Livonia, Michigan. Mr. James Watson, Vice-Chairman, called the
public hearing to order in the absence of Mr. Charles W. Walker, Chairman at approxi-
mately 8:00 p.m.
Members present: Robert L. Angevine, Arthur Samuels, Leonard K. Kane, James
W. Watson, Jr. , and Robert L. Greene
Members absent : ## Charles W. Walker,#Dennis Anderson,*W. E. Okerstrom and James
Cameron.
Mr. David R. McCullough, City Planner and Mr. Charles Forrest, City Attorney were
present along with approximately 25 interested persons in the audience.
Mr. Watson asked Mr. McCullough to read the first item on the agenda.
Mr. McCullough: The first item is Petition Z-535 by Ben and Miriam Baskin
for a change of zoning on property located on the Northwest
corner of Ann Arbor Road and Ann Arbor Trail in the North-
. east 1/4 of Section 31 from C-2 to PS.
- 1[01
There is no correspondence except that the petitioner has
requested that this item be postponed after the public hearing
has been held until our next meeting. He was called out of
town and would like to be present at the time a decision is
made.
Mr. Watson appointed Mr. Kane, Secretary, pro-tem in the absence of Mr. Okerstrom.
Upon a motion duly made by Mr. Angevine, supported by Mr. Kane, it was
#1-1-62 RESOLVED that, pursuant to a public hearing having been held on
Tuesday, January 9, 1962 by the City Planning Commission on Petition
Z-535 submitted by Ben and Miriam Baskin requesting a change of
zoning on property located in the Northeast 1/4 of Section 31 from
C-2 to PS, the City Planning Commission does hereby table said
petition as requested by the petitioner.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Samuels, Greene, Angevine, Kane and Watson
NAYS: None
Mr. Watson: The motion is carried and the foregoing resolution is adopted.
Mr. McCullough: The next item on the agenda is Petition Z-538 by Edward Stul-
berg on behalf of Kaufman and Broad Building Company for a
a change of zoning on property located between Pembroke and
Seven Mile Road on the west side of Sunset in the Southwest
1/4 of Section 2 from R-1A to R-3.
Mr. Byron Lasky was present for the petitioner.
L ##Mr. Charles W. Walker arrived at approximately 8:10 p.m.
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Ir. Mr. Walker presided over the meeting for the remainder of the evening.
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Mr. Lasky presented a sketch of a senior citizens multiple dwelling development
that they were presently working on. It was not what was proposed for the area in
the petition but it would be similar. He stated that the property in question has
created quite a number of problems in platting it due to the property being so long
and narrow. It has resulted in many conferences with the City Planning Commission
and the Federal Housing Administration. He stated that their company has for some
time been giving a great deal of thought and study on the problems of the senior
citizens within the various communities in which they are building. He felt that
the study of the senior citizens is long over due. Because of this, it was felt
that the property on Seven Mile Road has many advantages which would be attractive
to the senior citizens. He continued by stating that if they are allowed to develop
this area into a senior citizens community, their company would not only dedicate
the other half of Sunset but they would also pave the entire right-of-way of Sunset
at their expense. The northern portion of the property, because of the topography,
would be developed into a park site. There would also be a community city hall
for the residents of the development.
*Mr. W. E. Okerstrom arrived at approximately 8:15 p.m. and presided as Secretary for
the balance of the meeting.
Mr. Walker asked if there was anyone in the audience who wished to speak?
Mr. H. T. Rork, 19520 Flamingo, stated he was the representative for the Hillcrest
Gardens Civic Association. He presented a letter dated January 9, 1962 stating
1[0 their objections to the proposed rezoning.
Mr. R. D. Puckett, 31640 Grove Drive, representative from the Merriman-Six Association
stated that their objections were the same as given by Mr. Rork. He felt that this
was spot zoning.
Mrs. Rosemary Jones, 18335 Sunset, Vice-President of the Beverly Gardens Civic
Association stated that they had not had a chance to present this to the civic
association because their next meeting wasn't scheduled until the 30th of this
month. They would like to request that this be postponed until they havehad their
meeting in order that they may go on record that they are very much opposed to the
requested rezoning in that area.
Mrs. T. O'Connor, 30145 Seven Mile Road stated that the senior citizens in the area
felt that the R-3 would devaluate their property. They had their life's savings
invested in their homes and they were violently opposed to the proposed change
because it will devaluate their property.
Mrs. S. Spitza, 13526 Merriman Road, stated she was a member of the Senior Citizens
Club in Livonia. She and her husband were charter members of this organization.
She did not feel that the senior citizens would devaluate the property of their
neighbors. She stated they were property owners with acreage and a large home and
there was a need for some kind of housing for senior citizens who did not wish to
maintain their own home. She stated that Livonia is a large city and there should
be a place for senior citizens.
1:: Mrs. Jones stated that at the meeting held with the Hillcrest Civic Association and
Mr. Lasky it was ascertained that lir. Lasky did not intend to erect a sign where
this proposed development was going to be,advertising that it was ` r senior citizens.
`tr. Lasky had informed nom th.l. units would be only one or two bedroom units and
he did not think that people with children would be interested in these kind of
apartments. Mrs. Jones questioned how would the senior citizens know this was for
their use if there would be no advertising?
#Mr. Dennis Anderson arrived at approximately 8:50 p.m. 3359
Mr. Lasky stated that this project would take in the problems of the childless
IL couples also. Having only one or two bedroom apartments would limit it to senior
citizens or the childless couples. They have found out in their studies that some
senior citizens preferred having two bedrooms so that they could have an extra
bedroom to use as a den or in the event one of their children came to visit them.
He did not intend to use signs for the reason that the senior citizens did not
want to live in this way. They want to live with others but they want to live where
the maintainence is free. Mr. Lasky further stated that in relation to the statement
that this would devaluate the surrounding property, he felt there was no truth to
this statement. If this area was developed as a senior cititzen project, there
would be no increase in the school tax but if it were developed into a subdivision
as previously stated, there would be an increase in the taxes to take care of the
many children who would live in the subdivision. Mr. Lasky concluded by t ating that
the park proposed for the north end of the property would be for the use of the
senior citizens and also for the use of the adjacent property owners.
Mr. Dave Jones, 18335 Sunset, felt that the selection of the property was a poor
one for apartments. It was next to a subdivision which has private restrictions
and which consist of half acre or larger parcels.
Mr. Walker stated that the Planning Commission had spent a considerable length of
time on this particular parcel of land. A little over a year ago the Planning
Commission had approved a preliminary plat for this same piece of property. There
were many problems with this subdivision due to the contour of the land and also
because the property was so narrow. This present plan for the property is very new
il[p to the commmission and they have not had a chance to study it. For this reason he
stated that he would like to take it under advisement.
Mrs. O'Connor stated that at the beginning when Mr. Lasky had met with them at a
civic association meeting he had stated that these apartments would only attract
the senior-citizens but the statement was made tonight that it would also attract
the newly married couples and they wouldn't live here too long due to the fact that
these apartments would only have one or two bedrooms. But Mrs. O'Connor continued
that eventually this would result in an increase in the school tax because thef@
would eventually be scme children in this project and they would have to go to school.
Mr. Walker stated that the statement was made that these apartments would not be
restricted to senior citizens. This is the reason he would prefer to take this
item under advisement for a study meeting.
Mr. Walker stated this item would be taken under advisement and instructed the
City Planner to notify the three interested civic associations when this item would
be on the agenda.
Mr. McCullough: The next item on the agenda is Petition Z-539 by the City
Planning Commission on their own motion to determine whether or not to
amend sub-section (b) of Section 9.52 of Article 9.50 PS District Regulations
so as to establish a standard in relation to funeral parlors.
Mr. Walker asked if there was anyone on the audience who wishes to speak?
ILUpon a motion duly made by Mr. Okerstrom, supported by Mr. Kane, it was
#1-2-62 RESOLVED that, pursuant to a Public Hearing having been held on
Petition Z-539 as submitted by the City Planning Commission on their
own motion to determine whether or not to amend sub-section (b)
of Section 9.52 of Article 9.50 PS District Regulations of the
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Zoning Ordinance of the City of Livonia, Ordinance No. 60,. the City
Planning Commission does hereby recommend to the City Council that
Petition Z-539 be granted for the following reasons:
(1) the Planning Commission hopes to avoid the possibility that
funeral processions will frequently be lined up in front of
residences located near funeral homes;
(2) experience has proved that the present parking requirement is
inadequate;
(3) the new Manns Funeral Home at Six Mile and Middlebelt Roads was
erected using this standard and the proprietors did not seem to believe
that this requirement was excessive, and
FURTHER RESOLVED, notice of the above hearing was published in the
official newspaper, The Livonia City Post under date of December 20,
1961 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: Samuels, Greene, Angevine, Watson, Anderson, Kane, Okerstrom
and Walker
NAYS: None
Mr. Walker: The motion is carried and the foregoing resolution is adopted.
Upon a motion duly made by Mr. Okerstrom, supported by Mr. Angevine, it was
#1-3-62 RESOLVED that, the City Planning Commission does hereby adjourn
the public hearing held on Tuesday, January 9, 1962 at approximately
8:50 p.m.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Samuels, Greene, Angevine, Watson, Anderson, Kane, Okerstrom
and Walker
NAYS: None
Mr. Walker: The motion is carried and the foregoing resolution is adopted.
* * * * * s:
Mr. Walker called the 139th Special Meeting to order at approximately 8:51 p.m. with
all those present now who were present at the time the public hearing was adjourned.
Mr. McCullough: The next item on the agenda is the approval of the proposed
deed restrictions agreement prepared by the Department of Law for Lyndon
Meadows #4 and #5 located in the Southeast 1/4 of Section 23.
Mr. Menuck and Mr. Goldman were present for Lyndon Meadows Subdivision #4 and #5.
They agreed to the proposed restrictions as prepared by the Department of Law. It
was ascertained that these restrictions would be recorded on the face of the final
plat of said subdivisions.
Upon a motion duly made by Mr. Watson, supported by Mr. Kane and unanimously adopted,
it was,
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#1.4-62 RESOLVED that, pursuant to the 139th Special Meeting held by the City
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Planning Commission on Tuesday, January 9, 1962 on proposed deed
restrictions for Lyndon Meadows Subdivision #4 prepared by the
Department Of Law, the City Planning Commission does hereby approve
the following deed restrictions as to form and does hereby confirm
that it is a true incorporation of the Planning Commission's require-
ments, said agreement to be put on the hardback of the final plat,
the final approval of said plat consumating this agreement:
"Pursuant to the provisions of Section 15, of Act
285, 1931, as amended (M.S.A. 5.3006), it is agreed
by and between the undersigned that the lot sizes
and areas of the lots as herein platted and as they
appear on this plat shall not be reduced. This re-
striction and limitation shall have the same force of
law and be enforceable in the same manner as the
Zoning Ordinance of the City of Livonia."
"This Agreement shall be binding upon the successors
and assigns of the parties hereto."
City Planning Commission of the
City of Livonia
BY
Charles W. Walker, Chairman
1[: BY
Joseph Menuck, President
Oakview Homes, Inc.
Upon a motion duly made by Mr. Watson, supported by Mr. Kane and unanimously
adopted, it was
#1-5-62 RESOLVED that, pursuant to the 139th Special Meeting held by the City
Planning Commission on Tuesday, January 9, 1962 on proposed deed
restrictions for Lyndon Meadows Subdivision #5 prepared by the
Department of Law, the City Planning Commission does hereby
approve the following deed restrictions as to form and does hereby
confirm that it is a true incorporati,m of the Planning Commission's
requirements, said agreement to be put on the hardback of the final
plat, the final approval of said plat consumating the agreement:
"Pursuant to the provisions of Section 15, of Act
285, 1931, as amended (M.S.A. 5.3006) , it is agreed
by and between the undersigned that the lot sizes and
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areas of the lots as herein platted and as they
appear on this plat shall not be reduced. This re-
striction and limitation shall have the same force
of law and be enforceable in the same manner as
the Zoning Ordinance of the City of Livonia.
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This Agreement shall be binding upon the successors
and assigns of the parties hereto.
City Planning Commission of the
City of Livonia
By
Charles W. Walker, Chairman
BY
Joseph Menuck, President
Oakview Homes, Inc.
Mr. Walker: The motion is carried and the foregoing resolution is adopted.
Mr. McCullough: The final approval of both Lyndon Meadows Subdivision #4 and
#5 is the next item on the agenda. These subdivisions are located east of
Henry Ruff Road and South of Lyndon in the Southeast 1/4 of Section 23.
Mr. McCullough asked Mr. Menuck what arrangement had been made with regard to a
walkway for the children along Henry Ruff Road. This had been brought to the
attention of the Planning Commission by the Livonia Schools. Mr. Goldman, attorney
for Mr. Menuck advised the Commission that this problem had been resolved by the
City Council. A pathway will be put through to the school at the expense of the
City.
Upon a motion duly made by Mr. Kane, supported by Mr. Watson and unanimously adopted,
it was
#1-6-62 RESOLVED that, final plat of the Lyndon Meadows Subdivision #4 located in
the Southeast 1/4 of Section 23 be given final approval, subject, however,
to the following being designated on the face of the final plat, said deed
restriction having been approved by the City Planning Commission under
Resolution #1-4-62 :
"Pursuant to the provisions of Section 15, of Act 285,
1931, as amended (M.S.A. 5.3006), it is agreed by and
between the undersigned that the lot sizes and areas
of the lots as herein platted and as they appear on this
plat shall not be reduced. This restriction and limita-
tion shall have the same force of law and be enforceable
in the same manner as the Zoning Ordinance of the City
of Livonia.
"This Agreement shall be binding upon the successors and
the assigns of the parties hereto.
By By
Charles W. Walker, Chairman Joseph Menuck, President
City Planning Commission Oakview Homes, Inc.
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FURTHER RESOLVED, inasmuch as it appears on the records that
tentative approval of said proposed plat was given by the City
Planning Commission April 18, 1961; and it further appearing
1[40 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 August 14, 1961; and it further appearing
that a surety bond in the amount of $9,000.00 and a cash bond of
$1,000.00 to cover the installation of improvements have been filed
in the office of the City Clerk under date of January 9, 1962; such
bonds having been approved by Charles J. Pinto, City Attorney on
January 9, 1962 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.
Mr. Walker: The motion is carried and the foregoing resolution is adopted.
Upon a motion duly made by Mr. Kane, supported by Mr. Watson and unanimously adopted,
it was
#1-7-62 RESOLVED that, final plat of the Lyndon Meadows Subdivision #5 located in
the Southeast 1/4 of Section 23 be given final approval, subject, however,
to the following being designated on the face of the final plat, said
deed restriction having been approved by the City Planning Commission under
Resolution #1-5-62:
"Pursuant to the provisions of Section 15, of Act 285, 1931, as amended
(M.S.A. 5.3006) , it is agreed by and between the undersigned that the
lot sizes and areas of the lots as herein platted and as they appear
on this plat shall not be reduced. This restriction and limitation
shall have the same force of law and be enforceable in the same manner
as the Zoning Ordinance of the City of Livonia.
This agreement shall be binding upon the successors and the assigns
of the parties hereto."
By By
Charles W. Walker, Chairman Joseph Menuck, President
City Planning Commission Oakview Homes, Inc.
FURTHER RESOLVED, inasmuch as it appears on the records that tentative
approval of said proposed plat was given b; the City Planning Commission
September 19, 1961; 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
October 12, 1961; and it further appearing that a cash bond in the
amount of $5,600.00 to cover the installation of improvements has been
filed in the office of the City Clerk under date of January 9, 1962;
such bond having been approved by Charles J. Pinto, City Attorney on
January 9, 1962 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.
Mr. Walker: The mct ion is carried and the foregoing resolution is adopted.
I[:
Mr. McCullough: The next item on the agenda is a request dated December 15, 1961
from John F. Uznis Builders to change the present Idyl Wyld Subdivision #4 to
read Subdivision #3 and also to change the present Idyl Wyld Subdivision #3 to
read Subdivision #4; Mr. Uznis is also requesting a year's extension of the
present Subdivision #3. These subdivisions are located in the
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Northeast 1/4 of Section 20.
1[40 Mr. Uznis was present and explained to the Commission that the present Subdivision
#3 was located on Five Mile Road. There were only approximately 4 lots involved.
Because of the drainage ditch, the Engineering Department will not allow the
development of these lots. He has been informed that subdivisions plats must follow
in consecutive order when filing the final plats. Due to Subdivision #3 not being
developed, he could not file the final plat of Subdivision #4. This is his reason
for requesting the change in the subdivision numbers. He is also requesting a
year's extension on the plat involving the lots fronting on Five Mile Road.
Upon a motion duly made by Mr. Kane, supported by Mr. Angevine and unanimously
adopted, it was
#1-8-62 RESOLVED that, pursuant to the 139th Special Meeting held by the
City Planning Commission on Tuesday, January 9, 1962 on a request
by John F. Uznis Builders to change the present"Idyl Wyld subdivision
#3"to read "Idyl Wyld Subdivision #4" and also to change the present
"Idyl Wyld Subdivision #4"to read "Idyl Wyld Subdivision #3, the
City Planning Commission does hereby grant said request, and further
that the City Planning Commission does hereby grant a year's extension
on the subdivision now known as "Idyl Wyld Subdivision #4" located
in the Northeast 1/4 of Section 20, subject to all conditions prevailing
at the time the said subdivision was given preliminary approval.
Mr. Walker: The motion is carried and the foregoing resolution is adopted.
1[1 Mr. McCullough: The next item on the agenda is the final approval for Burton
Hollows Subdivisions #3 and #4 by Slavik Builders, Inc. , located in the
north half of Section 16. These subdivisions are located south of Six
Mile Road and east of Farmington Road.
Upon a motion duly made by Mr. Kane, supported by Mr. Angevine, it was
#1-9-62 RESOLVED that, the City Planning Commission having heretofore
given its tentative approval to the proposed plat of Burton
Hollow Estates Subdivision No. #3, which tentative approval
was given on 12/3/57, 11/11/58 and 10/20/59, and it further
appearing that the Department of Public Works under date of
May 12, 1960 did approve of the plans and specifications for
all public improvements to be installed and constructed within
the said proposed subdivision, and it further appearing that
a subdivision improvement bond in the amount of $73,000.00
has been filed with the City of Livonia in accordance with
the requirement of Council Resolution Nos. #301-60 and #910-61,
adopted by the City Council on May 23, 1960 and December 18,
1961, respectively, to insure the installation of all public
improvements within said subdivision, which bond was approved
as to form by the Department of Law on December 28, 1961, the
City Planning Commission does therefore grant final approval for
Burton Hollow Estates Subdivision No. 3, to be located in the
Northwest 1/4 of Section 16; provided, however, that this final
approval is conditioned upon the proprietor (Rouge Building
Company) submitting to the City Clerk a Restrictive Covenant
Agreement, approved as to form by the Department of Law, and
in a form sufficient for recordation; and further, the City
Clerk shall not affix her signature to the final plat until
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the aforesaid agreement has been properly filed in her office,
provided, further, the Commission does hereby certify that
after the Rouge Building Company files with the City Clerk the
aforesaid agreement in the prescribed manner that then all con-
ditions precedent to the issuance of building permits will have
been complied with and that the same may thereafter be released.
A:roll call vote on the foregoing resolution resulted in the following:
AYES: Samuels, Greene, Angevine, Anderson, Kane and Walker
NAYS: None
NOT VOTING: Watson and Okerstrom
Upon a motion duly made by Mr. Kane, supported by Mr. Angevine, it was
#1-10-62 RESOLVED that, the City Planning Commission having heretofore
given its tentative approval to the proposed plat of Burton
Hollow Estates Subdivision No. 4, which tentative approval was
given on 12/3/57, 11/11/58 and 10/20/59, and it further appearing
that the Department of Public Works under date of May 12, 1960
did approve of the plans and specifications for all public improve-
ments to be installed and constructed within the said proposed
subdivision, and it further appearing that a subdivision improve-
ment bond in the amount of $24,000.00 has been filed with the
City of Livonia in accordance with the requirement of Council
Resolution Nos. 302-60 and 911-61 adopted by the City Council
on May 23, 1960 and December 18, 1961, respectively, to insure
I[: the installation of all public improvements within said sub-
division, which bond was approved as to form by the Department
of Law on December 28, 1961, the City Planning Commission does
therefore grant final approval for Burton Hollow Estates Sub-
division No. 4, to be located in the Northwest 1/4 of Section
16; provided, hcuever, that this final approval is conditioned
upon the proprietor (Rouge Building Cempany) submitting to the
City Clerk a Restrictive Covenant Agreement, approved as to form
by the Department of Law, and in a form sufficient for recordation;
and further, the City Clerk shall not affix her signature to the
final plat until the aforesaid agreement has been properly filed
in her office; provided, further, the Commission does hereby
certify that after the Rouge Building Company files with the
City Clerk the aforesaid agreement in the prescribed manner
that then all conditions precedent to the issuance of building
permits will have been complied with and that the same may
thereafter be released.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Samuels, Greene, Angevine, Anderson, Kane and Walker
NAYS: None
NOT VOTING: Watson and Okerstrom
1[40 Mr. Walker: The motion is carried and the foregoing resolution is adopted.
Upon a motion duly mach by Mr. Watson, supported by Mr. Bane and unanimously
adopted, it was
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#1-11-62 RESOLVED that, the City Planning Commission does hereby approve
the minutes for the meeting held on Tuesday, November 28, 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.
It was determined that a study meeting would be held on Tuesday, January 30, 1962.
Mr. McCullough: The next item on the agenda is Application TA.-86 in relation
to removing topsoil from the proposed Newburgh Heights Subdivision located
in the Southeast 1/4 of Section 18. Mr. Menuck has asked that the
date of the topsoil permit be extended to April 15, 1962. The application
for removal was approved on December 13, 1961,the permit would be valid
beginning 30 days after approval was granted, which in this case would
be January 12, 1962. Due to the weather and other delays, Mr. Menuck
is requesting that the approval be extended so as to begin April 15, 1962.
Mr. McCullough informed the commission that the Department of Law advised him that
the Planning Commission has the power to extend the date of the topsoil removal
permit.
Upon a motion duly made by Mr. Watson, supported by Mr. Kane and unanimously
adopted, it was
#1-12-62 RESOLVED that, pursuant to the 139th Special Meeting held by
the City Planning Commission on Tuesday, January 9, 1962 on a
request from Jacob Menuck, Paris Home Builders, to amend
resolution #12-222-61 adopted by the City Planning Commission
on Tuesday, December 13, 1961 approving Application TA-86,
by extending the thirty day period in which to obtain top
soil permit, to begin April 15, 1962 instead of January 12,
1962 for the reason that due to weather conditions, it is
impossible to remove the topsoil at this time; and further
that said extension is granted with the approval of the
Department of Law.
Mr. Walker: The motion is carried and the foregoing resolution is adopted.
Upon a motion duly made by Mr. Angevine, supported by Mr. Watson, the City Planning
Commission does hereby adjourn the 139th Special Meeting held on Tuesday, January
9, 1962 at approximately 9:30 p.m.
CITY PLANNING COMMISSION
onard K. Kane, Secretary pro.Uem
ATTESTED:
I[:
41,
L.., ... ' W. E. Ckerstrom, Secretary*
Jam: W. atson, Jr. , :'ice-CI ' rman (t)( '
CharIBA W. Walker, Chairman