Loading...
HomeMy WebLinkAboutPLANNING MINUTES 1964-05-05 1[1 4154 MINUTES OF THE 181ST SPECIAL MEETING OF THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, May 5, 1964, the City Planning Commission of the City of Livonia held the 181st Special Meeting at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan. Mr. Edward G. Milligan, Chairman, called the 181st Special Meeting to order at approximately 8:10 p.m. with approximately ten interested persons present in the audience. Members present: James Cameron W. E. Okerstrom Edward G. Milligan Donald Heusted Charles Walker R. L. Angevine Members absent: *Dennis Anderson Messrs. William J. Strasser, Chief City Engineer, Division of Engineering, Department of Public Works and Daniel R. Andrew, Coordinator, Industrial Development Commission were present. Mr. Milligan announced the first item on the agenda is Petition Z-637 by Richard D. Bleznak, President of Arbor Development Company, Detroit, 1[ who is requesting the rezoning of property approximately 650 feet North of Joy Road, approximately 730 feet East of Eckles Road and 4 approximately 1260 feet West of Hix Road in the Southwest 1/4 of Section 31, from AGB to R1A. Public Hearing 3/31/64, advisement. Mr. Bleznak was present. Upon a motion duly made by Mr. Okerstrom, seconded by Mr. Angevine, and unanimously adopted, it was #5- 68 -64 RESOLVED that, pursuant to a Public Hearing having been held on March 31, 1964 on Petition Z-637 as submitted by Richard D. Bleznak, President of Arbor Development Company, Detroit, for a change of zoning in the Southwest 1/4 of Section 31 from AGB to R1A, the City Planning Commission does hereby recommend to the City Council that Petition Z-637 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonia-City Post under date of M arch 10, 1964 and notice of which hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumer Power Company, City Departments and petitioner as listed in the Proof of Service. Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. Milligan announced the next item on the agenda is final approval of Country Homes Estates Subdivision, No, 2 located in the South- west 1/4 of Section 17. Messrs. Donald Barris, Attorney and Irvin Hermanoff were present. 4155 Mr. Okerstrom asked whether area is presently zoned for 704 lots. Mr. Milligan stated land is zoned RM (704 lots) and that zoning map has been in error in classifying areaas R-l. Informed commissioners that this came to Commission's attention through a letter from Richard L. Sanderson, Chief Inspector, Department of Public Works, Bureau of Inspection, City of Livonia. The zoning map and Ordinance No. 300 were passed in 1960 and changed zoning of land at that time. Change wasn't reflected in map (map in error since 1960). Mr. Hermanoff informed commissioners that preliminary approval was given to plat in 1957. Mr. Milligan stated that Ordinance No. 300 is a legal ordinance. It changed zoning in 1960 of this land. This action occurred throughthe action of the City Planning Commission and the City Council. The map is in error. Mr. Hermanoff stated that Country Homes Estates Subdivision, No. 1 was approved as 60' lots. Mr. Milligan stated if there is a question of zoning, it might be well to take this item under advisement until such time as the question can be clarified. Mr. Hermanoff stated that as late as July, 1963 an extension of approval of the 1[0 preliminary plat was asked for and granted by the City Planning Commission. Developer has filed necessary bonds and some of the improvements have been installed all in good faith. Requested commission grant final approval to proposed subdivision and let him worry about zoning. Mr. Milligan stated that somewhere along the line an error has been made on the map. Mr. Hermanoff submitted drawing of Lot 164 showing that a home could be built on the lot according to present ordinances of the City of Livonia. Mr. Milligan informed Mr. Milton FiEes6t ne, Assistant City Attorney, that commission has before it Country Home7udivision, No. 2 for final approval. This proposed subdivision has 60' lots. Over the years (since 1957) the City Planning Commission and City Council have given approval of preliminary plat, extension of approval of preliminary plat, and amount of bond established on the proposed subdivision. It would appear now that the zoning map of the City of Livonia is in error as to the zoning of this land -- this land having been changed to 70' lots in 1960. Can the City Planning Commission knowingly act in violation of the Zoning Ordinance and Zoning Map. Ordinance No. 300 included a number of changes; however, changing this land to 70' was not included. Mr. Barris stated that in January, 1958 the City Planning Commission gave its approval to Country Homes Estates Subdivision, No. 5 (later changed to No. 1 and No. 2). Country Homes Estates Subdivision, No. 1 was placed on record approximately one year after Ordinance No. 300. The City Council has accepted developers money (bond commitments). Developer has installed sex Per has acted upon the map of the City of Livonia. Since Country Home) ubdivision No. 1 was placed on record long after OrdinancEes���00 was adopted, developer The map has vested right to go further with Country Home division, No. 2. shows property as 604 lot area as of this day. Ask corrmiission's final approval tonight. 1 N 4156 Mr. Milligan stated he did not think the City Planning Commission is empowered to go contrary to Zoning Ordinance. Mr. Firestone stated he is not in a position to act on question right now and would appreciate opportunity to look into matter. Perhaps question could be answered quickly and to everyone's satisfaction but would like time to look into records. Mr. Milligan asked whether Mr. Firestone has had any discussion with the Bureau of Inspection regarding this item. Mr. Firestone stated he had not but that similar matters have been presented to the Department of Law in the past and have been answered satisfactory to all. 3Mr. Dennis Anderson arrived at meeting at approximately 8:30 p.m. Mr. Firestone stated he is mainly concerned with the technicality of the ordinance and map. Maybe there is no problem in which case with a little investigation he can determine answer. Mr. Walker stated that he was a member of the City Planning Commission when Ordinance No. 300 was adopted and recalls clearly what transpired at that time regarding proposed subdivisions having preliminary approval. This ordinance was presented before the public, City Planning Commission, and the City Council and at no time did this developer come in and object to area being rezoned to 70' lots. When adopted, Ordinance No. 300 did not take into consideration certain approved preliminary subdivision plats. The City Attorney at that time agreed that city could force developers to come up to 704 lots. Felt that because of the way this particular proposed subdivision has been handled and because of the intent and purpose, it is very clear that this Board should take action on Country Homes Estates Subdivision, No. 2. The City of Livonia would not have one chance of requiring 70' in this proposed subdivision at this time. Mr. Milligan stated he is only concerned with question of giving this proposed subdivision plat approval when the zoning map shows zoning other than that platted. Question of 604 vs. 704 lots never came before commission until now in spite of the fact that question existed when commission granted an extension of approval to preliminary plat. Mr. Walker stated he thought it could be resolved at commission level as this was the intent in the beginning and the end. Have to cooperate someway. The action didn't reflect on the map. Mr. Firestone stated that for sometime this proposed subdivision was inactive and that during this inactivity the City moved ahead. Problem of time involved. Think problem can be resolved if given a chance to do so. If the error continues the developer will have the problem of securing building permits and IL will have to go before the Zoning Board of Appeals for relief as he did with Country Homes Estates Subdivision, No. 1. Mr. Okerstrom agreed with what Mr. Walker said as he was also a member of the Planning Commission at this time. This proposed subdivision as well as others did come up for discussion at the time; however, the developer himself never questioned zoning change. 4157 i IL . Mr. Barris stated if the commission fails to approve this final plat, it will be acting arbitrarily against developer. Others have been approved since the adoption of Ordinance No. 300. Mr. Angevine stated this is a question of the proper procedure. Mr. Hermanoff stated that the fact that the map indicates R-1 area indicates the intention of the area. Commission did not contemplate changing the zoning on a plat given preliminary approval. Believed matter is a simple error. Mr. Milligan stated it is not unusual that a piece of land be changed in zoning and that thiswould include land that has received preliminary plat approval. Mr. Firestone agreed that this is correct. Mr. Hermanoff stated that the house on Lot 164 would have an attached garage. Mr. Milligan asked whether the change in street name from Ladywood to Myrna would be acceptable to developer. Mr. Hermanoff stated it would. Mr. Milligan asked about continuing sidewalk to the school. Mr. Hermanoff stated that the sidewalk would continue to the limits of the subdivision. Mr. Milligan announced that final approval of Country Homes Estates Subdivision, IL No. 2 would be taken under advisement until May 19, 1964 in order to give the Department of Law an opportunity to investigate 60' vs. 700 lots and proper procedure. Mr. Milligan announced that the next item on the agenda is Petition Z-639 by John J. and Dorothy J. Jennings who are requesting the rezoning of property located on the Southeast corner of St. M artins and Middlebelt Road in the Southwest 1/4 ofSection 1, from RUFB to C-2. Public Hearing April 14, 1964, advisement. The petitioners nor a representative were present. Upon a motion duly made by Mr. Okerstrom, seconded by Mr. Walker and unanimously adopted, it was #5- 69-64 RESOLVED that, pursuant to a Public Hearing having been held on April 14, 1964 on Petition Z-639 as submitted by John J. and Dorothy J. Jennings 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-639 be denied because it would be spot zoning. Extension of the present PS zoning of Parcel B2 to St. Martins would appear more appropriate for the use of the existing home, and as a transition to residential to the North and East, and FURTHER RESOLVED, notice of the above hearing was published in the 11;7 official newspaper, The Livonia-City Post under date of March 25, 1964 and notice of which hearing was sent to the Detroit Edison Company, The Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumer Power Company, City Departments, and petitioners as listed in the Proof of Service. Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. 11: 4153 Mr. Milligan announced that the next item on the agenda is Petition Z-641 by Roy A. Clark who is requesting the rezoning of property located approximately 575 feet West of Henry Ruff Road and approximately 1900 feet East of Merriman Road on the North side of Puritan in the Northwest 1/4 of Section 14, from RUFB to RUA. Public Hearing April 14, 1964, advisement. Mr. Clark was present. Mr. Walker stated considering desires of the neighborhood would be difficult inasmuch as letter that was circulated for signatures by Mr. Molser did not contain true statements. Wondered what wishes of the neighborhood would be if they had proper information. Mr. Angevine stated he objected to piece-meal zoning. This request if granted, would be spot zoning. Mr. Walker agreed with Mr. Angevine and felt that rezoning should be done as a master development rather than piece-meal matter. Mr. Milligan stated petition could be denied with the understanding that a change of zoning could be accomplished by the City Planning Commission on its own motion in the Greenland-Puritan area after an area work-out was done. 1[ Mr. Okerstrom thought area should be left as it is inasmuch as the North side of the road along the creek could not be rezoned. Upon a motion duly made by Mr. Okerstrom, seconded by Mr. Angeveine and unanimously adopted, it was #5- 70-64 RESOLVED that, pursuant to a Public Hearing having been held #pril 14, 1964 on Petition Z-641 as submitted by Roy A. Clark for a change of zoning in the Northwest 1/4 of Section 14 from RUFB to RUA, the City Planning Commission does hereby recommend to the City Council that Petition Z-641 be denied, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonia-City Post under date of March 25, 1964 and notice of which hearing was sent to the Detroit Edison Company, The Chesapeake & Ohio Railway Company, Michigan Bell Tele- phone Company, The Consumer Power Dompany, City Departments and Petitioner as listed in the Proof of Service. Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. Milligan announced the next item on the agenda is Petition Z-643 by the City Planning Commission pursuant to a request by the City Council li; dated January 21, 1964, Resolution No. 33-64 to rezone the property located South of Schoolcraft Road extending from Surrey to Alois (vacated), except those lots in Schoolcraft Manor Sub- division, No. 2 which carry deed restrictions; a C-i zoned area at the Southeast corner of Schoolcraft and Newburgh Roads; that parcel of land between Newburgh and Levan Roads presently zoned M-1; that parcel of land zoned RUFB and C-2 lying at the South- west corner of Levan and Schoolcraft Roads in sections 28, 29, and 30, from RUFB to M-l. Public Hearing 4/14/64, advisement. 4159 Mr. Milligan stated that once land is zoned M-1 there will he no residential use whatsoever allowed. Could create a hardship on those wishing to alter existing residence. Could make a 150' set back as a requirement. This could be done by changing the zoning ordinance in a separate petition. Upon a motion duly made by Mr. Walker and seconded by Mr. Cameron, it was RESOLVED that, pursuant to a Public Hearing having been held April 14, 1964 on Petition Z-643 as submitted by the City Planning Commission pursuant to a request by the City Council dated January 21, 1964, Resolution No. 33-64, for a change of zoning in Sections 28, 29, and 30-on property located South of Schoolcraft Road extending from Surrey to Alois (vacated) from RUFB to M-1, the City Planning Commission does hereby recommend to the City Council that Petition Z-643 be granted all the way to Schoolcraft Road with the exception of areas already zoned C-2, M-1, and C-1, from Alois to Stark, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The livoniawCity Post under date of March 25, 1964 and notice of which hearing was sent to the Detroit Edison Company, The Chesapeake & Ohio Railway Company, Michigan Bell Tele- phone Company, The Consumer Power Company, and City Departments as listed in the Proof of Service. Mr. Milligan relinquished the Chair to Vice-Chairman Charles Walker. Mr. Milligan stated that commission's action on the 1509 could invoke hardship on existing residents. On this particular matter to rezone to the road at the present time on a blanket situation thought it could incur hardship for any remodeling or additions to residences and would therefore be forced to vote against Messrs. Walker and Cameron's resolution. Mr. Okerstrom questirned Mr. Andrew regarding a previous petition rezoning area along Schoolcraft Road up to the 150' . Mr. Andrew stated this petition (Petition Z-617) was denied by the City Council and that the City Council felt the 150' should not be rezoned. Messrs. Walker and Cameron withdrew their resolution granting Petition Z-643 inasmuch as they wished .further information regarding City Council action on Petition Z-617. Mr. Milligan resumed the chair and announced that Petition Z-643 would be tabled temporarily in order to allow Mr. Andrew to secure a copy of the City Council resolution pertaining to Petition Z-617. Mr. Milligan announced the next item on the agenda is Petition Z-644 by the City Planning Commission on its own motion to hold a Public Hearing to determine whether or not to amend Ordinance No. 60 by adding thereto a new Article XXI, Special Waiver Use Standards for Open Space Planned Residential Developments. Public Hearing April 14, 1964, advisement. 4160 Upon a motion duly made by llr. Angevine, seconded by Mr. Walker, and unanimously adopted, it was #5-71 -64 RESOLVED that, pursuant to a Public Hearing having been held on April 14, 1964 on Petition Z-644 as submitted by the City Planning Commission on its own motion to amend Ordinance No. 60 by adding thereto a new Article XXI, Special Waiver Use Standards for Open Space Planned Residential Development, the City Planning Commission does hereby recommend to the City Council that Petition Z-644 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonia-City Post under date of March 25, 1964 and notice of which hearing was sent to the Detroit Edison Company, the Chesapeake & Ohio Railway Company, Michigan Bell Tele- phone Company, The Consumer Power Company, and City Departments as listed in the Proof of Service. Mr. Milligan declared the motion is carried and the foregoing resolution is adopted and at 9:30 p.m. called a ten minute recess of the 181st Special Meeting. Mr. Milligan called the 181st Special Meeting to order at approximately 9:45 p.m. with those persons present who were present at the time of the recess. Mr. Milligan announced the next item on the agenda is Petition M-316 by City of Detroit, Department of Water Supply, requesting approval to erect a Water Pumping Station on property located on the South side of Eight Mile Road approximately 2,100 feet East of Newburgh Road and just west of Glen Eden Cemetary in the Northwest 1/4 of Section 5. Public Hearing April 14, 1964, advisement. Mr. Frank J. Pipp was present. Mr. Okerstrom asked whetl-e r building would set back 339. Mr. Pipp stated it mould. Mr. Milligan asked whether the City of Detroit owned property. Mr. Pipp stated the City of Detroit has owned property for approximately one year. Upon a motion duly made by Mr. Cameron, seconded by Mr. Angevine and unanimously adopted, it was #5- 72-64 RESOLVED that, pursuant to a Public Hearing having been held April 14, 1964, the City Planning Commission does hereby grant Petition M-316 by City of Detroit, Department of Water Supply, requesting approval to erect a Water Pumping Station on property located on the South side of Eight Mile Road approximately 2,100 feet East of Newburgh Road and just west of Glen Eden Cemetary in the Northwest 1/4 of Section 5 subject to: (1) The measurable noise requirements of Section 14.04 for M-1 districts, which establish a maximum of 65 decibles be observed, and i • 4151 3 (2) The planting plan as prepared by the City of Detroit Department of Parks and Recreation dated April 17, 1964 being substantially the same, 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. The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. Milligan announced the next item on the agenda is Petition M-317 by Earl A. Ronning, Consumers Power Company requesting approval to erect a Gas Regulator Station on property located on the west side of Newburgh Road approximately 310 feet North of Five Mile Road, in the Southeast 1/4 of Section 18. Public Hearing 4/14/64, advisement. The petitioner nor a representative was present. Upon a motion duly made by Mr. Anderson and seconded by Mr. Heusted, it was 11 RESOLVED that, pursuant to a Public Hearing having been held April 14, 1964, the City Planning Commission does hereby grant :11; Petition M-317 as submitted by Earl A. Ronning, Consumers Power Company, requesting approval to erect a Gas Regulator Station on property located on the west side of Newburgh Road approximately 310 feet North of Five Mile Road, in the South- east 1/4 of Section 18 subject to the planting plan dated April 17, 1964 being substantially the same, 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. Mr. Okerstrom questioned use of land in back of proposed gas regulator station. Mr. Milligan stated area is zoned commercial. There is a gas station there now and did not see where proposed use would cause any problem. Thought owner of property would see to it that any property not presently used could be used in the future. Mr. Okerstrom asked about the dedication of Newburgh Road. Mr. Milligan ascertained that the dedication of Newburgh Road is not included in petition. Messrs. Anderson and Heusted withdrew their resolution in order that petitioner could submit a letter regarding the dedication of Newburgh Road. Mr. Milligan announced that Petition M-317 would be taken under advisement. Mr. Milligan announced the next item on the agenda is the proposed Burton Hollow Subdivision, No. 6 being a part of the Southwest 1/4 of Section 18, submitted by Stephan F. Slavik, President of Rouge Building Company, such proposed plat being situated on the West side of Ashurst Road, approximately 1750 feet West of Farmington Road. Public Hearing 4/14/64, advisement. Mr. David Meinzinger was present representing the petitioner. 1 • 4162 Mr. Meinzinger informed commissioners that the original plat as submitted was unworkable because of incorrect topographical survey and that a new proposed plat has been submitted. Have submitted revised plat to Engineering Department, Fire Department, and Police Department for their review and letters have been received by the commissioners office. Mr. Milligan informed Mr. Firestone that it is a bit unusual to have this much of a change in a proposed subdivision plat. Have a situation here where commission had a public hearing on one subdivision plat and now a revised one has been submitted because there was a topography problem. Original subdivision plat was laid out using the original topographical survey however when an up-to- date survey was taken it was found that submitted plat was unworkable and a new ono has been submitted showing one less lot and a cul-de-sac instead of a street. Asked Mr. Firestone whether revised plat is sufficiently the same that it would not be necessary to hold another public hearing. Mr. Firestone stated he could see no substantial change in the two proposed subdivision plats. Mr. Milligan informed commissioners that this area will not be served by the Lincoln School but by the school north of the swim club. Therefore, it will not be necessary for the developer to establish a pedestrian access to Lincoln School. Upon a motion duly made by Mr. Okerstrom, seconded by Mr. Anderson and unanimously adopted, it was #5- 73 -64 RESOLVED that, pursuant to a Public Hearing having bean held April 14, 1964, the City Planning Commission does hereby give approval to the revised preliminPry plat dated May 5, 1964 of Burton Hollow Subdivision, No. 6 located on the west side of Ashurst Road, approximately 1750 feet West of Farmingt-n Road in the Southwest 1/4 of Section 16 provided the zoning is in accord with lot area, 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 hav ing been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department, Parks and Recreation Department, and Members of the Plat Committee. Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Mr. Milligan announced the next item on the agenda is a lot split on Lots 136 and 137, Merri-Five Mile Subdivision on Rayburn in the Southwest 1/4 of Section 14. Referred to the City Planning Commission by the City Council in their letter of March 23, 1964. These lots having been split on the Tax Rolls, but not in the plat book. The Building Department is holding up the building permit as the zoning is RUFB. The City Council would like to have the opinion of the City Planning Commission There was no one present wishing to be heard regarding this matter. 4163 Mr. Milligan informed commissioners that the latest information he has is that the Assessor9s Office has put these lots back on the tax books as whole lots. Upon a motion duly made by Mr. Angevine, seconded by Mr. Cameron and unanimously adopted, it was #5- 74-64 RESOLVED that, the secretary of the City Planning Commission write a letter to the City Council informing it that the City Planning Commission is not aware of any lot split for Lots 136 and 137, Merri-Five Mile Subdivision located in the Southwest 1/4 of Section 14 having been requested or approved bythe City Planning Commission and insofar as the City Planning Commission and its official records are concerned, there is no lot split. The City Planning Commission cannot answer for a lot split recorded on the Tax Roll. Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Okerstrom, seconded by Mr. Angevine and unanimously adopted, it was #5-75 -64 WHEREAS, MILTON E. INGOLD has recently resigned as a member of this commission after serving in this capacity since August 21, 1962, and WHEREAS, during his tenure as a member of the Planning Commission, each member of the Commission came to respect Milt 9s unselfish desire to work for the best interests of the City, keeping formost in his mind the rights of all citizens, petitioner and interested group alike NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Livonia believes it fitting and proper to record at this time its sincere appreciation to Milt for a job well done and to wish him well in the new community where he will make his home. Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. upon a motion duly made by Mr. Cameron, seconded by Mr. Anderson and unanimously adopted, it was #5- 76-64 WHEREAS, DR. DANIEL C. AT.T.FN has recently been elected to the City Council of Livonia, this action requiring his resignation from the City Planning Commission, and 4 WHEREAS, during his tenure as a member of the Planning Commission, eachmember of this body came to respect and admire Dan for his unselfish desire to work in the best interest of our City, and to direct his efforts toward making the City of Livonia the best possible community in which to work and live, and 1! 4154 f WHEREAS, DR. DANIEL C. ALLEN has in the course of such service conducted himself at all times in a manner so as to merit the commendation of the people of our city; NOT, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Livonia does, with reluctance, acknowledge the resignation of Dan Allen and extends to Dan its congratulations and best wishes in his new position as "Councilman of the City of Livonia." Mr. Milligan declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Okerstrom, seconded by Mr. Angeviue and unanimously adopted, it was #5- 77 -64 n SOLVED that, the City Planning Commission does hereby approve minutes of meetings M arch 17, 24, and 31, 1964. The Chairman declared the motion is carried and the foregoing resolution is adopted. Mr. Milligan announced that the commission would again discuss Petition Z-643 by the City Planning Commission pursuant to a request by the City Council dated January 21, 1964, Resolution No. 33-64, to rezone property located in Sections 28, 29, and 30, from RUFB to M-1. Mr. Andrew submitted City Council Resolution 33-64 varifying that they denied Petition Z-617. Mr. Milligan stated Planning Commission must not have gotten across to the City Council why commission held back on the 1504. Mr. Anderson suggested commission grant petition Z-643 deleting the 1504. Commission could then t ake the 1504 under advisement and forward its recommendation to the City Council at a later date with land use restrictions. Mr. Okerstrom suggested Petition Z-643 being forwarded to the City Council rezoning everything up to the 1504 . Mr. Milligan stated commission should delle lots in the Schoolcraft Manor Subdivision, No. 2 which carry deed restrictions because this is the way the petition was advertised. Mr. Angevine stated that the only consideration here should be what is best possible development of the industrial belt and not the proposed construction of the highway. Mr. Okerstrom stated he would like to see factories 150' back from the center of Schoolcraft Road. Mr. Walker stated in his opinion rezoning industrial to Schoolcraft Road would be more desirable for industry seeking location. When Commission held 4 public hearing there was no objection to rezoning. Resic3ents would rather their land be zoned one classification than two classifications. i 4165 Mr. Okerstrom stated he objected to this because an M-1 classification allows existing homes to be used for office purposes which is not good. Mr. Walker suggested commission check-out the number of residences in area, their present set back, and obtain an expression from the people that are going to be involved in the rezoning. If the residents don't care, then why should the commission. Mr. Anderson again suggested that commission go ahead with rezonirg up to 150' and then study the balance 150' and forward this recommendation to the City Council with front yard restrictions. Mr. Walker asked Mr. Firestone if commission passed a resolution to hold a public hearing to consider holding the 150' south of Schoolcraft Road as an area not to be built upon and designate that as a set back later, would this be able to be used as to keep residents from using building. Mr. Firestone stated prior zoning would continue. Upon a motion duly made by Mr. Cameron and seconded by Mr. Angevine, it was RESOLVED that, pursuant to a Public �edaby theving eCi y Planning had II: April 14, 1964 on Petition Z-643 as submitCommission pursuant to a request by the City Council dated January 21, 1964, Resolution No. 33-64 for a change of zoning in Sections 28, 29, and 30 on property located South of Schoolcraft Road extending from Surrey to Alois (vacated) from RUFB to M-1, the City Planning Commission does hereby recommend to the City Council that Petition Z..643 be granted all the way to Schoolcraft Road with the exception of areas already zoned C-2, M-1, and C-1, from Alois to Stark Road, and FURTHER RESOLVED, notice of the abovehearing was published in the official newspaper, The Livonia-City Post under date of March 25, 1964 and notice of which hearing was sent to the Detroit Edison Company, The Chesapeake & Ohio Railway Company, Michigan Bell Tele- phone Company, The Consumer Power Company, and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Cameron, Walker and Angevine NAYS: Andersen, Okerstrom, Heusted and Milligan The Chairman declared the motion failed. Upon a motion duly made by Mr. Anderson and seconded by Mr. Heusted, it was #5-78 -64 RESOLVED that, pursuant to a Public Hearing having been held April 14, 1964 on Petition Z-643 as submitted by the City Planning Commission pursuant to a request by the City Council dated January 21, 1964, Resolution No. 33-64 for a change of zoning in Sections 28, 29, and 30 on property located South of Schoolcraft Road extending from Surrey to Alois (vacated) from 4166 I1 I1 RUFB to M-1, the City Planning Commission does hereby recommend to the City Council that Petition Z-643 be granted as follows: Section 28 That part of the N. 1/2 of Section 28. T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan described as beginning at a point distant West 329.98 ft. and South along the center line of Surrey Avenue 252 ft. from the N.E. corner of Section 28, T. 1 S., R. 9 E.; thence South 190 ft.; thence West to the East lot line of Lot 10, said lot being part of the Newman Schoolcraft Farms Subdivision as recorded in Liber 69, Page 90, Wayne County Records; thence West along said south lot line extended to the center line of Stark Road; thence Northeasterly along said center line of Stark Road to a point 402.0 ft. South of the North line of Section 28; thence West, 2518 ft.; thence North, 100 ft., thence West, 655.0 ft.; thence South, 100.0 ft.; thence West to the West line of Section 28; thence North along said West line of Section 28 to a point 252.0 ft. South of the North line of Section 28; thence East along a line 252.0 ft. South of and running parallel to the North line of t Section 28. T. 1 S., R. 9 E., to the point of beginning. Section 29 That part of the N. 1/2 of Section 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan described as beginning at a point on the East line of said Section 29, distant South 252.0 ft. from the N.E. Corner of Section 29, T. 1 S., R. 9 E., and proceeding thence South, 150.0 ft; thence West, 2310.35 ft.; thence South 1009.33 ft.; thence West, 343.0 ft. to the North and South 1/4 line of Section 29; thence South along said North and South 1/4 line, 13.0 ft.; thence West, 343.0 ft.; thence North, 990.0 ft.; thence West, 57.0 ft.; thence North 37.0 ft.; thence West, 920.0 ft.; thence South, 48.0 ft.; thence West 328.0 ft.; thence North, 48.0 ft.; thence West, 0:70.0 ft.; thence South, 420.0 ft.; thence West, 343.0 ft. to the West line of Section 29; thence North along said west line to a point 252.0 ft. South of the North line of Section 29; thence East along a line 252.0 ft. South of and parallel to the North line of Section 29 to the point of beginning, excepting therefrom the South 198 ft. of the North 450.0 ft. of the west 330.0 ft. of the N.W. 1/4 of Section 29, also except the South 198.0 ft. of the North 450.0 ft. of the following described parcel: That part of the N.W. 1/4 of Section 29 described as beginning at a point on the N. line of said Section distant S. 89° 289 10",E. 1013 ft. from the N.W. corner of Section 29 and proceeding thence S. 89° 289 10t4 E. along said N. line, 328.52 ft.; thence S. 0° 354 41" W., 2000.08 ft. to the Northerly line of the Chesapeake and Ohio Railroad right of way; thence N. 75° 344 35" W. along said Northerly line, 327.03 ft.; thence N. 0° 169 03" E., 1921.57 ft. to the point of beginning. (29K1a4 to 29K1a8) Also except the South 187.0 ft. of the North 439.0 ft. of the East 400.0 ft. of the N. W. 1/4 of Section 29. 4167 Section 30 That part of the N. 1/2 of Section 30, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan described as beginning at a point on the East line of said Section 30, distant South 252.0 ft. from the N.E. Corner of said Section 30, and proceeding thence South along said East line, 600.0 ft.; thence West, 380.0 ft.; Thence North, 450.0 ft.; thence West, 1200.98 ft.; thence North 100.0 ft.; thence West, 800.0 ft.; thence South, 100.0 ft.; thence West, 208.58 ft. to the North and South 1/4 line of Section 30; thence North along said North and South 1/4 line to a point 252 ft. South of the North line of Section 30; thence East along a line 252.0 ft. South of and running parallel to the North line of Section 30 to the point of beginning. The above descriptions exclude the North 252 feet of each section from the proposed zoning, and Except those lots in Schoolcraft Manor Subdivision, No. 2 which carry deed restrictions; a C-1 zoned area at the Southeast corner of Schoolcraft and Newburgh Roads; that parcel of land between Newburgh and Levan Roads presently zoned M-l; that parcel of land zoned RUFB and C-2 lying at the Southwest corner of Levan and Schoolcraft Roads in Sections 28, 29, and 30, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonia-City Post under date of March 25, 1964 and notice of which hearing was sent to the Detroit Edison Company, The Chesapeake & Ohio Railway Company, Michigan Bell Tele- phone Company, The Consumers Power Company, and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Anderson, Okerstrom, Heusted, and Milligan NAYS: Cameron, Walker, and Angevine The Chairman declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Okerstrom and seconded by Mr. Walker, it was #5-79 -64 RESOLVED that, the City Planning Commission, pursuant to Section 20.01 of the Zoning Ordinance No. 60 of the City of Livonia, does hereby establish and order that a Public Hearing be held to determine whether or not to amend Section 4.27 of Article 4.00 of Zoning Ordinance No. 60 to read as follows: When buildings have been constructed on the majority of lots in a block at the time of the adoption of this ordinance, no building hereafter erected or altered 'shall project beyond the minimum building line thus established, provided that no building shall be required by this ordinance to set back more than forty (40) feet, and provided further that notwithstanding anything in v 4168 this section or in the Zoning Ordinance, Ordinance No. 60, to the contrary, where a residentially zoned lot or parcel is adjacent to or abuts on Schoolcraft Road in the City of Livonia, no building shall be erected, moved enlarged or otherwise established on such lot or parcel closer than 252 feet from the centerline of Schoolcraft Road if said lot or parcel is located on the South side of Schoolcraft Road and 75 feet to the lot line if said parcel is located on the North side of Schoolcraft Road. These dimensions will hold except that in cases where special hardships or inequities due to special conditions can be shown to exist this set back provision may be adjusted by the City Planning Commission after a public hearing with notice of such hearing as provided for in Section 17.03 of this ordinance. 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 sutbnrThted and recommendation thereon to the City Council. A roll call vote on the foregoing resolution resu1 ed in the following: AYES: Cameron, Walker, Anderson, Okerstrom, Heusted, and Angevine NAYS: Milligan 11: The Chairman declared the motion is carried and the foregoing resolution is adopted. Upon a motion duly made by Mr. Walker, supported by Mr. Heusted and unanimously adopted, the City Planning Commission does hereby adjourn the 181st Special Meeting held on Tuesday, May 5, 1964 at approximately 11:35 p.m. L. Angevi/, Secretary 4.152 ATTESTED• A ,..4, ,,_____, Edward G. Milligan, Chairman Charles Walker, Vice-Chairman i