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HomeMy WebLinkAboutPLANNING MINUTES 1964-03-03 • MINUTES OF THE 177TH SPECIAL MEETING AND A PUBLIC HEARING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, March 3, 1964, the City Planning Commission of the City of Livonia held the 177th Special Meeting and a Public Hearing at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Edward Milligan, Chairman, called the 177th Special Meeting to order at approximately 8:30 p.m. with approximately 20 interested persons present in the audience. Members present: James Cameron Charles Walker Edward Milligan Donald Heusted Dennis Anderson Members absent: Daniel Allen Milton Ingold R. L. Angevine #W. E. Okerstrom In the absence of Mr. Angevine, Mr. Walker acted as Secretary pro tem. Mr. Jacob Driker, Planning Consultant, was present. Mr. Milligan announced the first item on the agenda is Petition by the City 11! Planning Commission to determine whether or not to adopt the new proposed Subdivision Rules and Regulations for the City of Livonia; said Subdivision Rules and Regulations to be designated as Part VI of the Master Plan. Public Hearing 2/18/64, advisement. Upon a motion duly made by Mr. Heusted, seconded by Mr. Cameron, and unanimously adopted, it was #3-31-64 RESOLVED that, pursuant to the provisions of Act 285 of the Michigan Public Acts 1931, as amended, the City Planning Commission, having duly held a Public Hearing on February 18, 1964 on the attached Subdivision Rules and Regulations relating to regulations governing the subdivision of land within the City of Livonia, Wayne County, Michigan, and providing for the enforcement thereof, and having given proper notice does hereby adopt said plan as Part VI of the Master Plan of the City of Livonia for. the reasons that the Subdivision Rules and Regulations incorporate a number of changes which the City Planning Commission consider to be essential: (1) It requires the retention of trees having a diameter of 3 inches, or more, and (2) It given the City Planning Commission the right to require underground wiring in subdivisions, and (3) It streamlines the procedure and spells it out in great detail for the benefit of land developers, and It increases the diameter of cul-de-sacs to 120 feet, and (5) It makes an effort to obtain open space by means of donation by the subdivider 4103 and that an attested copy of said Subdivision Rules and Regulations shall be certified to the City Council and the Register of Deeds for the County of Wayne. Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. Cameron asked if copies of the Subdivision Rules and Regulations have been printed sot hat it can be available to interested persons. Mr. Milligan stated commission should immediately request this be done before the minutes of this meeting are approved. A formal request should come from the Planning Commission Office to the Budget Director. Mr. Milligan announced the next item on the agenda is Petition Z-629 by William N. Ponder, for Gordon-Begin Company who is requesting the rezoning of property located approximately 2,160 feet East of Middlebelt Road and approximately 400 feet North of Schoolcraft Road, directly North of the proposed motel in the Southwest 1/4 of Section 24, from R1A to P. Public Hearing 2/18/64, advisement. Mr. Walker asked if the representative of petition was present. It was established that Mr. William Ponder, Attorney for the petitioner was temporarily out of the building. Mr. Walker questioned that if building is already constructed, how are they to provide necessary parking. Mr. Milligan stated that Gordon-Begin Company has adequate parking according to Zoning Ordinance but thinks he is planning an addition therefore will need additional parking. Mr. Milligan stated that Petition Z-629 would be taken under advisement temporarily to allow Mr. Ponder to return to building. Mr. Milligan announced that the next item on the agenda is Petition Z-630 by Rodney Kropf, Attorney for Frank and Helen Kane who is requesting the rezoning of property located on the Northwest corner of Seven Mile Road and Parkville in the Southwest 1/4 of Section 1, from RUFB to C-2. Public Hearing 2/18/64, advisement. Mr. Kropf was present representing the petitioners. Upon a motion duly made by Mr. Cameron, seconded by Mr. Heusted, and unanimously adopted, it was #3-32-64 RESOLVED that, pursuant to a Public Hearing having been held on February 18, 1964 on Petition Z-630 as submitted by Rodney Kropf, Attorney for Frank and Helen Kane for a change of zoning in the Southwest 1/4 of Section 1 from RUFB to C-2, the City Planning Commission does hereby recommend to the City Council that Petition Z-630 be granted for the reason that said described property faces commercial and there is existing commercial to the East of this, and . 4104 FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonia.-City Post under date of January 29, 1964 and notice of which hearing was sent to the Detroit Edison Company, The Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumers Power Company, City Departments and petitioners as listed int he Proof of Service. Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. *Mr. W. E. Okerstrom arrived at approximately 8:40 p.m. Mr. Milligan announced that inasmuch as Mr. William N. Ponder, Attorney for Gordon-Begin Company, who is re4uesting the rezoning of property located in the Southwest 1/4 of Section 24 from R1A to P has returned to meeting, Petition Z-629 would be again discussed. Mr. Walker asked whether requested parking area is related to building now being constructed. Mr. Ponder informed commissioners that his client has the necessary parking for requirements. For convenience, client needs this additional parking. Allowing this will straighten parking area off on the North boundary. There will not be any outlet into the subdivision area - only off Harrison, not Buckingham. Upon a motion duly made by Mr. Anderson and seconded by Mr. Heusted, it was #3-33-64 RESOLVED that, pursuant to a Public Hearing having been held on February 18, 1964 on Petition Z-629 as submitted by William N. Ponder, Attorney for Gordon-Begin Company for a change of zoning in the Southwest 1/4 of Section 24 from R1A to F, the City Planning Commission does hereby recommend to the City Council that Petition Z-629 be denied because it is poor zoning practice to include a parking area within a subdivision, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonia-City Post under date of January 29, 1964 and notice of which hearing was sent to the Detroit Edison Company, The Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumers Power Company, City Departments and petitioners as listed in the Proof of Service. A roll call vote on the foregoing resolution resuled in the folloitng: AYES: Heusted, Anderson, Okerstrom, and Milligan NAYS: Cameron and Walker Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. Milligan announced that the next item on the agenda is Petition M-310 by Walter J. Guth, Jr., Attorney for Michigan Sign Erecters, requesting 4105 permission to erect a sign at Burton Hollow Pharmacy property located on the Northeast side of Farmington and Six Mile Roads in the Southwest 1/4 of Section 10. Public Hearing 2/18/64, advisement. Mr. Guth was present. Mr. John Loomis, 34907 Grove Drive, Chairman of the Civic Affairs Committee, Burton Hollow Civic Association, objected to proposed sign on the basis of Zoning Ordinance. He stated that the store is approximately 40' wide and the sign goes completely across the front of it. It is approximately 4' high. According to the Zoning Ordinance, a 40 square foot sign is allowed. Mr. Okerstrom informed Mr. Milton I. Firestone, Assistant City Attorney, that the Bureau of Inspection has issued a temporary permit for this oversized sign. Is it up to this Board to decide the violation of this sign or what can Board do to curb this item. Is it under this department's jurisdiction to act on this matter. Mr. Firestone stated sign has deviated from use permitted in the Zoning Ordinance. A deviation from existing zoning use is a function of the Zoning Board of Appeals, however the Zoning Ordinance is explicit in t hat it provides that a sign larger than that allowed for in area must have the approval of the City Planning Commission. This indicates that jurisdiction is placed on this commission for determination. Mr. Okerstrom stated he did not think commission should act upon this item because sign is already up. Mr. Firestone stated that the fact that sign does not conform would indicate a violation of the Zoning Ordinance but the fact that someone is doing something improper does not mean he is immune to the requirements of the Zoning Ordinance. Mr. Milligan asked Mr. Guth when he was made aware of the fact there was a violation. Had a temporary permit to make installation which he paid $7 for temporary permit. Presented sign to Bureau of Inspection as a permanent sign. Obtained permit subject to approval of the City Planning Commission. Mr. Milligan stated the sign was erected May, 1963 but the petition for approval was not filed until January 27, 1964. In petition, petitioner requests approval to erect a non—conforming sign. From May, 1963 to January, 1964 is a long time to get request into Commission's office. Mr. Guth stated that there was a lot of discussion as to just how to correct situation. Talked to Alan Walt, City Attorney, by telephone most of the time regarding this matter. At the public hearing, it was Mr. Guth's understanding that the objection to sign was the use of the word "discount". Client is prepared to take this word off. Mr. Loomis assured commission that association wants sign down. Association also objects to word "discount". I Mr. Okerstrom suggested Commission take item under advisement to see if word "discount" does come off of sign. Mr. Milligan asked Mr. Okerstrom whether he then approves of sign with the elimination of word "discount". Discount is a legitimate word. l ' . 4106 Mr. Okerstrom stated sign isn't an eye-sore. The sign is part of the build- ing and he didn't really object to sign. Mr. Walker stated commission has to assume this is a legal business. They should and will at some time have a sign. What is the best direction to go from here so that they can have a sign. Where would they go if commission denied request. What would happen to the sign. Mr. Firestone stated sign regulations are part of the police regulations. The language in the ordinance says that if City Planning Commission should allow a sign it has to be subject to certain conditions that the sign will be maintained etc. The thing in contention here is size and sightliness of sign. If sign is acceptable from one set of words its acceptable from another. The sightliness of the sign becomes a commission judgement. In terms of going on, Mr. Guth could go into Circuit Court based upon the issuance of a temporary permit. The City could uphold its position because in issuing permit there would have to be compliance with Zoning requirements. Permit was only a conditional issuance. Mr. Walker asked whether Mr. Firestone felt Commission should make decision rather than Zoning Board of Appeals. Mr. Firestone stated he did. Mr. Milligan asked Mr. Guth whether he was aware of the fact he would have to have approval of the Commission. Mr. Guth stated he was. Mr. Milligan stated that commission has before it a petition to erect a sign which is 40' x 5'. It is just as though sign wasn't up. Upon a motion duly made by Mr. Cameron and seconded by Mr. Anderson, it was #3-34-64 RESOLVED that, pursuant to a Public Hearing having been held February 18, 1964, the City Planning Commission does hereby deny Petition M-310 by Walter J. Guth, Jr., Attorney for Michigan Sign Erecters, requesting permission to erect a sign at Burton Hollow Pharmacy property located on the Northeast side of Farmington and Six Mile Roads in the Southwest 1/4 of Section 10 because it does rot comply with the Zoning Ordinance, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Heusted, Anderson, Cameron, Walker and Milligan NAYS: None IINOT VOTING: Okerstrom f Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. Milligan announced that the next item on the agenda is request dated January 8, 1964 from Brashear, Brashear, and Mies asking for a correction on the Zoning Map regarding property in the Northwest 1[ . . 1/4 of Section 12. Public Hearing 2/18/64, advisement.4107 Mr. James E. Mies, Brashear, Brashear and Mies, stated that the map doesn't conform to the ordinance and that the previous map varifies that the property had been C-2. Zoning Map Amendment No. 78, adopted in connection with Ordinance No. 356, indicates that all of the property described in original Petition Z-491 was rezoned R-3 when in fact, the map should have indicated the property 300' x 53' running South of Seven Mile Road as C-2 and the remainder of the property described in the zoning petition Z-491 as R-3. Mr. Milligan stated that the interpretation action should be by resolution. Upon a motion duly made by Mr. Walker, seconded by Mr. Heusted, and unanimously adopted, it was #3-35-64 RESOLVED that, request dated January 8, 1964 from James E. Mies, Brashear, Brashear and Mies, regarding the correction of the zoning map covering certain premises described in letter dated January 9, 1964 from Tony Sinacola, Neli Corporation as follows: IICommencing at the NW corner of Section 12, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, 4 running thence N 89 degrees 38 minutes 20 seconds E along the N line of said Section 12, a distance of 328.98 feet for a Point of Beginning; thence continuing N 89 degrees 38 minutes 20 seconde E along said N line of Section 12, 53.0 feet; thence S 0 degrees 07 minutes 20 seconde W 300 feet; thence S 89 degrees 38 minutes 20 seconds W 53.0 feet; thence N 1) degrees 07 minutes 20 seconds E 300 feet to the Point of Beginning. For the purpose of further identification said parcel would be the North 300 feet of the East 53.0 feet of Tax Item 12B4a1. that the city Planning Commission does concur and establish that the aforementioned property in question is in effect C-2 and not R-3 as shown on Zoning Map Amendment 78 adopted by the City Council November 13, 1961. Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. Milligan announced that the next item on the agenda is Petition M-302 by Ernest McCausland requesting approval to erect and operate a car wash and sell gasoline on said premises on property located on the Northwest corner of Parkville and Seven Mile Road, in the Southwest II! 1/4 of Section 1. Public Hearing 2/18/64, advisement. Messrs. Ernest McCausland and Rodney Kropf, Attorney, were present. Mr. Milligan asked Mr. Firestone whether he is prepared to give commission an opinion as requested on question by Marvin M. Bresoff, 13420 Dartmouth, Oak Park 37, Hich. regarding written consent of 70% of owners of property within 300 feet of premises described in petition. Mr. Firestone stated he was not and that he does not have an area plan showing 300' radius of all corners of the property in question and the lot deminsions. t ' • 4108 Mr. Bresoff questioned ruling that he is not an adjoining property owner. Mr. Firestone stated that if there was a lot split, than Mr. Bresoff is not an adjoining property owner. Mr. Bresoff stated that . Franco & Demaestric Inc. is shown as owner of Lot 418b; however, consent is signed by a A. Kass. Talked to Mr. Franco and was informed that no one has right to sign for him except himself or his brother-in-law. Also noted that the person that signed for the Armenian Home is not the owner of the property but the housekeeper. She told him that she was approached to sign consent form and was told that car wash was to be twenty blocks away. Asked her for written statement but she refused because of her job. Mr. Milligan asked Mr. Firestone to investigate Mr. Bresoff's information. Mr. Firestone stated he would do what he could. Mr. Milligan stated Petition M-302 would be taken under advisement. Mr. Kropf assured commission that it was the Broker who obtained signatures on ccnsent and that he (Mr. Kropf) obtained only the signature of Mr. Frank J. Kane and the four signatures submitted to commission tonight. Mr. Milligan announced that the next item on the agenda is motion to hold a Public Hearing to determine whether or not to rezone all the existing unbuilt upon apartment zoning which would include; 17.14 acres on the Northeast corner of Schoblcraft and Middlebelt to RM; 9.87 acres on the Northeast corner of Five Mile And Middlebelt to RM; 4.8 acres on the Southwest corner of Plymouth and Farmington to RM; 3.0 acres North of Five Mile Road and Fairlane to RL; 4.43 acres on the Southwest corner of Gary Lane between Fairlane and Yale to RM; 6.14 acres on the Southeast and Southwest corners of Five Mile and Yale to RM; 8.23 acres at Schoolcraft and Levan to RM. Upon a motion duly made by Mr. Walker, seconded by Mr. Cameron and unanimously adopted, it was #3-36-64 RESOLVED that, the City Planning Commission -n its own motion does hereby establish and order that a Public Hearing be held to determine whether or not to rezone all the existing unbuiltupon apartment zoning which would include: 17.14 acres on the Northeast corner of Schoolcraft and Middlebelt to RM; 9.87 acres on the Northeast corner of • Five Mile and Middlebelt to RM; 4.8 acres on the South- west corner of Plymouth and Farmington to RM; 3.0 acres North of Five Mile Road and Fairlane to RL; 4.43 acres on the Southwest and Southeast corners of Gary Lane between Fairlane and Yale to RM; 6.14 acres on the Southeast and Southwest corners of Five Mile and Yale to RM; 8.23 acres at Schoolcraft and Levan to RM, 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 t*e City of Livonia and that there shall be a report submitted and recommendation thereon to the City Council. a 4109 Mr. Milligan declared the motion is carried and the resolution is adopted. Mr. Milligan announced that the next item on the agenda is year's extension by John F. Wivofor College Gardens Subdivision, located on the North side of Six Mile Road approximately 1,350 feet West of Farmington Road in the Southwest 1/4 of Section 9. The petitioner nor a representative was present. Upon a motion duly made by Mr. Okerstrom, seconded by Mr. Anderson and unanimously carried, it was #3-37-64 RESOLVED that, pursuant to a request from J. F. Wivo dated January 14, 1964 for a year's extension on the College Gardens Subdivision, located on the North side of Six Mile Road approximately 1,350 feet West of Farmington Road in the :euth- west 1/4 of Section 9, the City Planning Commission does hereby grant said request, subject, however, to all conditions prevailing on the original preliminary approval and also, subject to the Engineering Department reviewing said subdivision plat before the final canvas back plat is submitted for final 1[ approval. Mr. Milligan declared the motion is carried and the resolution is adopted. Mr. Milligan stated. the next item on the agenda . Petition Z-625 by Bernard Edelman, President, Tomorrows Homes, Inc., who is requesting the rezoning of property located 1,350 feet South of Seven Mile Road 1,320 feet West of Newburgh Road, immeda- ely South if Melody Manor Subdivision in the Northeast 1/4 of Section 7 would be taken under advisement for two weeks. Upon a motion duly made by Mr. Okerstram, supported by Mr. Heusted and unanimously adopted, the City Planning Commission does hereby postpone remainder of the 177th Special Meeting held on Tuesday, March 3, 1964 at approximately 9:35 p.m. Mr. Milligan called the Public Hearing to order at approximately 9:45 p.m. with all those preEent at the Special Meeting and approximately forty additional interested persons in the audience. Mr. Milligan stated the first item on the agenda is Petition Z-631 by William Ponder, Attorney for Robert W. Comiskey, who is requesting the rezoning of property located approximately 660 feet East of Harrison and 400 feet North of Lyndon(if cut through) the Northeast 1/4 of Section 24, frau RUFB to R1A. II! Messrs. William Ponder and Vern Schrader were present. Mr. Ponder stated that the purpose for making request is to allow client to develop property. Property is now seven or eight pesci.l strip parcels that have been combined in order to develop and make use of them. Mr. Walker -4 ' the South boundary of land and whether there is any 4110 1[1; • useable land between the South boundary and the flood plain. Mr. Schrader stated that the south line of property in question to the north line of easement is 250' and that this property is not acceptable to the F.H.A. now. Mr. Walker stated commission has to determine now whether this land will ever be useable for tax purposes. If useable at some time, then commission has to allow for its use by platting this piece so that there will be access to other. Mr. Schrader stated that it could be serviced from the East by Cavell and also from the Sci t.h. Mr. William Koppel, 14701 Lyons stated he is interested in knowing kind of subdivision being proposed. Mr. Milligan stated commission does not have control over type of home to be built but the zoning does control the minimum square footage of home. The homes will be 1,000 square feet or more on a 60' or more lot. The roads within the subdivision are paved by the developer. Mr. Koppel objected to 601 lots. Mr. Milligan stated Petition Z-631 would be taken under advisement. Mr. Milligan announced that the next item on the agenda is Petition Z-633 by City Planning Commission pursuant to request dated December 27, 1963, by the City Council to rezone the Smith 150 feet of the property located immediately South of Schoolcraft Road, East of Merriman Road and approximately 1,970 feet West of Middlebelt Road in the Northwest 1/4 of Section 26, from RUFB to M-1. Mr. Daniel Andrew, Industrial Coordinator, stated that this is a strip not included in the industrial zoning. Dr. George Pappas, 21054 Schoolcraft Road, representing home owners on the North side of Schoolcraft Road, asked what type of industrial use is comtemplated. Objected to property becoming industrial because of increased traffic and safety to children. Also industrial smoke and the value of the existing homes will decrease. Mr. Andrew stated that the reason this section was deleted from the original petition is that it will be taken over with the proposed Schoolcraft Express- way for road purposes. Wish to include this in the M-1 area now, however. Original petition split lots and in order to be fair to the property owners this should also be zoned M-1. Request is to satisfy home owners because E land that is zoned residential is less valuable than land zoned industrial. The owners of this property protested at the City Council meeting and the City Council stated their desire to rezone it as requested by property owners. Dr. Paptas asked whether land directly behind the proposed change is now zoned M-1. Mr. Milligan stated it is. Mr. Milligan stated that to the best of city's knowledge the expressway will be built along the South side of Schoolcraft Road. This will be a limited 1[ * 4111 access expressway similar to the Southfield Expressway with depressed areas, service drives, etc. Mr. Roger L. Champe.l , 31102 Schbolcraft stated that if this is to be a temporary plan, why is it necessary to rezone it now. If the Expressway does not develop as presently planned, property owners can build area as industrial uses . Mr. Andrew stated that according to ordinance, industrial uses cannot be constructed up to Schoolcraft Road because of set back requirements. Mr. John Liptak, 30521 Schoolcraft Road, stated the reason this was requested is inasmuch as area is zoned M-1 in the rear this 150' would aid in the sale of property for industrial use. Have to have access to Schoolcraft Road. M .. Milligan stated property owners do not have to have industrial zoning to provide access to rear of property. Mr. Milligan stated Petition Z-633 would be taken under advisement. Mr. Milligan announced that the next item on the agenda is the proposed Alexander Subdivision located on the East side of Lyons Avenue approximately 340 feet South of Jamison Avenue and just North of Oakley in the Northeast 1/4 of Section 24. Messrs. William Ponder, Attorney for the petitioner, and Vern Schrader were present. 'r3 Mr. Ponder stated this property is the same as described in Petition Z-631. This proposed subdivision plat is submitted with requested change of zoning to show commission complete plan. Mr. Milligan quest:.oned the north-south street Anita Avenue and that as shown it is not desirable. Also Oakley Avenue does not line up with the existing Oakley Avenue to the West. Asked whether Lyons Avenue would be dedicated. Mr. J ames Burgess, 14851 Cavell, stated according to description in notice of public hearing, some of his property is included in subdivision area. Mr. Milligan ascertained that this is not so and that the description given in notice is a general one and not an exact one. Mr. William Koppel, 14701 Lyons, stated Oakley Avenue cannot be lined-up because Como Lake area is filled with clay and cannot be built upon. Asked whether West side of Lyons would have to be paved and who would pay for this paving. Mr. Milligan s', ted that the developer is requested to dedicate the east 30' and that the matter of paving is decided by the City Council. Yr. Koppel objected to the size of the proposed lots. Lots in his area are all 1/2 acre. Thought proposed subdivision would detract from existing subdivision. Mr. John Orel, 14751 Cavell, asked about back end of these parcels and the development of them. With proposed subdivision, this will be an isolated area. Mr. Walker asked Mr. Ponder whether his client had considered including these parcels. Asked that during the time this item is taken under advisement that these residents be contacted. 1[ • 4112 Mr. Milligan stated that the proposed Alexander Subdivision would be taken under advisement. Mr. Milligan announced that the next item on the agenda is Petition M-313, Mt. Hope Church Congregation requesting approval to erecta church on property located on the North side of Schoolcraft Road and approximately 450 feet West of Melvin, in the Southeast 1/4 of Section 23. Messrs. L. Caldwell, Architect and Robert E. Simpson, Minister, were present. Mr. Milligan asked total plan especially regarding future senior citizens Home. Mr. Caldwell sated they have about twelve Senior citizens who could afford to live in a home. This is something far into the future. Thinking only of the part pertaining to church, parking and parsonate. Sketch is church thinking today. Mr. Milligan asked size of congregation. Mr. Simpson stated approximately 250 members. Mr. Milligan asked anticipated growth. Mr. Simpson stated seating is for 320 members which would afford membership of 600. Did not wish to increase membership any more than 600. Mr. Walker questioned private property shown. Mr. Caldwell state. this is the home of the owner of parcel, Mr. Astrid Swanson, 30294 Schoolcraft Road, which he wants to retain. There are some homes North of Mr. Swanson which will be demolished. Mr. Caldwell stated that the access to the church will be primarily on Schoolcraft Road but there will be a smaller entrance onto existing Henry Ruff. Have no desire to open Henry Ruff. Mrs. Donald Woods, 30211 Buckingham, asked dimensions of property. A plot plan was shown to interested residents in area. Mrs. Woods stated that the back of her proporty abuts church property. Lots are 120' deep. Mr. John Tomilo, 30247 Buckingham, asked for side elevation of church. Mr. Caldwell stated it will be typical new England style and that building will be face brick u 1 erior. Mr. Tomilo stated the Senior Citizens Home as shown will not look too good at the angle shokmon plot plan. Mr. Caldwell stated sketch just shows how property can be use . Mr. Milligan stated he did not think this type of use could be developed without returning to commission for apartment zoning and use approval. Mr. Walker suggested that so there will be no misunderstanding that plans as submitted be amended to remove the Senior Citizens Home from the plan because this plan as shown is the plan that will be adopted by the Commission. k: . Milligan suggested that at the time it is voted upon, it can be amended. Mr. Okerstrom stated that there will be another plan submitted at the time of the Study Meeting that can have the home omitted. 4113 Mr. Milligan suggested a side yard of 701 on the North end to protect existing property owners. Mr. Ernest Klimek, 14060 Henry Ruff asked about fence and that residents along Henry Ruff object to use of fence. Stated this property in question is lower than land around it and asked whether it would be built up accordingly. Mr. Milligan requested Mr. Caldwell submit to commission at Study Meeting another site plan showing side elevation, side and front yards, ingress and egress according to ordinance requirements. Also plan showing adjacent property within 15001. Mr. Menough, 14808 Henry Ruff, asked what part of congregation is white. Also asked why parking had to come up to Henry Ruff. Mr. Simpson stated congre&ation is 100% white and that ac. ess to parking lot is to allow circulation within area. Mr. Milligan assured residents that they should be prepared same day to have 86' right-of-way for Henry Ruff in front of the church and that Henry Ruff 111 will be a through road in the future. Mr. Menough asked how many carnivals church has a year. Mr. Caldwell stated they have had none in the past and don't anticipate any now. Stated parking area will be black-topped. Mr. Menough asked who maintains the church grounds. Mr. Caldwell stated they have always hired a man and will no doubt continue to do so. Mr. Menough asked how many services held. Mr. Simpson stated they have Sunday service and a Lenten Service. Mr. Milligan asked Mr. Firestone whether theSenior Citizens Home as shown on sketch would be considered an R-3 use. Owners of the home will be paying rant. Mr. Firestone stated he would say so. Mr. Robert Bertoli, 14112 Henry Ruff, Lyndon Meadows Subdivision Association, asked whether there is a plan to cut Henry Ruff Road through shortly. Mr. Milligan stated there is nothing in the immediate future however, it is part of the Master Plan. Mr. Bertoli asked whether traffic could be limited on their own drive during off hours because of possible race track traffic cutting through residential area. Suggested a chain across parking lot. Mr. Caldwell stated that this could be done. Mr. Don Peters, 14103 Doris stated it seemed to him an odd use of property the way it is shown on sketch. As shown, the church will be facing vacant property and back yards. Mr. Walker stated petitioner should be aware of the fact that Henry Ruff will have to be dedicated. Mr. Caldwell stated this has been taken into consideration when building was laid out. 4114 Mr. Earl Croll, 14446 Henry Ruff asked how expre3swat would affect property. Mr. Milligan stated it wouldn't much. Mr. Donald Woods, 30211 Buckingham, objected to Senior Citizens Home because of young families and small children in area. Mr. Anderson asked how many object to church as presented. One person objected to use of church. Mr. Klimek, asked how 70' side yard distance is determined. Mr. Walker stated this is flexible and can be changed. Mr. Croll asked if residents have any guarantee that plans will not be changed after given approval. Mr. Milligan stated commission's approval refers to a certain sketch and that it will be that site plan which will be developed. Mr. Milligan announced that Petition M-313 would be taken under advisement. Upon a motion duly made by Mr. Anderson, supported by Mr. Okerstrom and unanimously adopted, it was #3-38-64 RESOLVED that, the City Planning Commission does hereby adjourn the Public Hearing held on Tuesday, March 3, 1964 at approximately 11:45 p.m. The Chairman declared the motion is carried and the Public Hearing is adjourned o . Milligan declared the 177th Special Meeting would be reconvened in rder to discuss decision by City Planning Commission to vote on contract for Planning Consultant for the City of Livonia. Mr. Milligan read letter dated March 3, 1964 from Milton I. Firestone, Assistant City Attorney, Mr. Milligan stated his only question is that he thought City Council authorized the money so that City Planning Commission could continue to operate. The resolution cited in letter states commission could hire Planning Consultant. Mr. Firestone stated that this is what was said. Mr. Milligan asked whether resolution is in place of contract. Mr. Firestone stated when papers are filed as requested, there will be in a sense a contract. Mr. Driker stated he will be happy and able to accept resolution as outlined in Mr. Firestone's letter however, as a matter or form he will have his attorney look at it. A resolution of this type is usual. Thought commission should discuss how he should budget his time. 111410 Upon a motion duly made by Mr. Walker, seconded by Mr. Anderson and unanimously adopted, it was #3-39-64 RESOLVED that, having considered the offer concerning current planning of Development Planning Company by Mr. Jacob Driker, A.I.P. in a letter to the Chairman of the Planning Commission dated February 24, 1964, and the Council having authorized this commission to engage the services of a planning consultant at $18.00 per hour, by council resolution No. 171-64, the Commission 1 4115 does hereby accept the offer of Deveopment Planning Company as it relates to current planning advice (that portion relating to the 701 Program being treated separately), subject to the following: (1) Development Planning Company file with the City a certificate of coverage of contractor's workmen's compensation insurance to cover all of its employees and a certificate of coverage of contractor's motor vehicle bodily injury and property damage insurance covering owned, hired and non-owned vehicles in an amount not less than $100,000.00 for injuries including accidental death to each person and in an amount not less than $400,000.00 for each accident, and property damage in an amount not less than $50,000.00 for each accident. Said certificates to guarantee that ten days notice to the City prior to cancellation of, or any change in, any of such insurance shall be endorsed on each policy and certificate of insurance, Said insurance to be filed before the Development Planning Company enters upon its duties hereunder. (2) Either party may terminate upon thirty (30) days' written notice to the other by registered or certified mail, return receipt requested. (3) It is the understanding of the parties that Development Planning Company is an independent contractor and its employees, officers and agents shall not have the relationship of employee of the City nor shall they be entitled to any benefits accorded employees of the City. FURTHER, the Secretary of the Commission is requested to transmit a copy of this resolution to the Development Planning Company, attention of Mr. Jacob Driker, 2300 Dixie Highway, Pontiac, Michigan 48055. Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Okerstrom, supported by Mr. Heusted and unanimously adopted, the City Planning Commission does Ie reby adjourn the 177th Special Meeting held on Tuesday, March 3 nd Wednesday, March 4, 1964 at approximately 12:20 a.m. 61/1, a1/410,41 Charles Walker, Secretary pro tem ATTESTED: J Edward G. Milligan, Chairman