HomeMy WebLinkAboutPLANNING MINUTES 1965-12-14 463,
MINUTES OF THE 214th SPECIAL MEETING
AND A PUBLIC HEARING OF THE
CITY PLANNING COMMISSION OF THE
CITY OF LIVONIA
On Tuesday, December 14, 1965, the City Planning Commission of the City of'Livonia,
held the 214th'Sr . .a1 Me"t_ng and Public Hearing at the Livonia'City Hall, 33001
Five Nile Road, Livonia; Michigan. Mr. Charles Walker, Chairman, called the Public
Hearing to order at approximately 8:30 p.m. with approximately 30 interested
persons in the audience.
Members present: Myra Chandler Donald Heusted Harry Wrightman
Donald C. Pollock John J. Ward James Cameron
Raymond W. Tent
Members absent: Bob R. Whitehead
Messrs, Don Hull, Planning Director; John J. Nagy, Assistant Planning Director;
Harry Tatigian, Assistant City Attorney, were present.
M_, Wrightman announced the first item on the agenda is Petition 65-11-1-38 by
Thomas G. and Viola R. Bosco requesting the rezoning of lots 447
and 448 of Supervisors Livonia Plat #7 from RUF to C-1. The
property to be rezoned is located at the northeast corner of
Middlebelt Road and Bretton Road in Section 1.
Mr, r.c...as C, Bosco, petitioner, 3147 Bonnie View, Royal Oak, Michigan, was present
;d stated that in view of the changes that have taken place'in the community, and
the fact that most of the property in the area is commercial, he feels that the
property can best be used as C-1 and that the project he has in mind is a two
story: 1200 square foot, office building to be built on the north 200 feet of the
property and a future developmentof service stores to be built on the corner.
Mr, Walker questioned if Mr. Bosco plans a single unit with two different kinds
o.= brsinesses„
Mr, Boaco states, no, he plans a professional building now and service stores latero
Mr, Walker asked that if the Commission feels this property is more suitable for
PS zoning would the petitioner be in accord with that.
Mr, Bosco stated that he would be receptive to that idea since he is interested in
building a two story office building.
Mr. Walker stated that if the Board considered the request and amended the petition
to PS w414t0.1 be agreeable to Mr. Bosco.
Mr, Bosco replied, yes, he would be agreeable to that.
Mr, Tcat questioned that if PS zoning is granted how soon would development of this
p_cp e ty begin,
Mr, Bosco stated in March of 1966.
There being no one present wishing to be heard either for or against this petition,
Mr, Walker announced that this item would be taken under advisement.
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ZleoWrightman announced that the nett item on the agenda is Petition 65-11-1-39
by'Milton M. Shiffman, M.D. requesting the rezoning of lots 39 through
43, inclusive, of Beverly Gardens Subdivision from R-1 to P.S. The
property requested to be rezoned is located at the southeast corner
of Seven Mile Road and Sunset Blvd. in Section 11.
Ifr, William Ponder, Attorney representing Dr, Shiffman, stated that rezoning of this
:operty for erection of a clinic has been brought up two or three times in the 1,0,-.
;curs when there was no pe zoning and has always been denied. He stated his
^:lief that there has been enough changes in the area and enough safeguards written
Th�►to the Zoning Ordinance to insure that professional service would be a good use
Cir. this property without harming the people in Sunset Gardens. He further stated
that Dr. Shiffman is prc=osing a one story building with facilities for a doctor and
- dentist and that a protective wall will be provided. It is felt that other clinic::
.ch as the ones in Burton Hollow and on Middlebelt south of West Chicago are
occepted and are an asset to the people. Mr. Ponder stated that he feels that
Y: th the development of the Seven Mile area there will never be residences built
.7:n this property.
'::s. Chandler questioned what is seat and west of the area.
Hull advised that there are homes on the east and south and that the property
to the west is vacant,
ir0 Wrightman questioned if there is a structure on the property at the present
Mr Ponder replied that there is an old garage but that it will be torn down.
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14:0 Robert Lewis, 19751 Flamingo, President of the Hillcrest Civic Association,
;;toted that all of this area is residential and gradually improving and that the
people in the area are very much opposed to any,zoning other than residential.
:.moo Walker questioned if Mr. Lewis is speaking in official capacity for the Civic
Association',
tL. Lewis replied, yes.
's. Jack Painter, 19041 Hillcrest, advised the Commission that he is opposed to
iazoning of this property for use as a doctors office and that if spot zoning is sty=..
ed in one place on Seven Mile Road it can t ie wide spread.
;.yrs. H. Sprinkle, 19323 Hillcrest, Secretaryc' f Hillcrest Civic Association,
;Mated that the residents of the area had sighed a petition against rezoning of
'roperty to commercial and doctors offices on two different occasions because they
::cel that spot zoning will lower property values.
John Moore, 19620 Falmingo, was present and stated that is opposed to this
Walker announced that this item would be taken under advisement.
'-„ Wrightman announced that the next item on the agend a is Petition 65-11-2-i1
by Shell Oil Company requesting to be granted a waver use permit
to erect a gasoline ser-ice station on parcels 23Glla2b and
23Gilai, lla2a. The proposed station will be located at the south-
east corner of Merriman Road and Five Mile Road in Section 23.
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Mr.
}Mr, A. J. Erwin wad present and stated that he is a real estate representative for
`-= Shell Oil Company and that he had been present in 1964 when Planning Commission
approval was obtained for this use. Mr. Erwin referred to the letter of approve _
from the Planning Commission and to the building permits that had been obtained
the Inspection Bureau, Letters containing signatures of 83% of the property
owners within 400 feet of the proposed gas station property indicating that they
have no objection to a gas station on this property were submitted to the Commici;__
by Mr, Erwin, Mr. Erwin stated that most of the surrounding property is zoned
C-2. He intends to build a ranch type service station the same model as is used
for other Shell Stations.
Mr. Walker stated that it has been a long time since the service station was
previously approved and questioned Mr, Erwin as to why the existing house was n :. ._.
removed and the station never built.
Mr. Erwin advised that the house was never removed because fund are usually tied
up in the station and the station never built because Merriman Road was never p:.-
and the gasoline prices are probably the main reason it was never built,
Mr, Pollock questioned what assurance the City would have that the Shell Oil CC[:_
really intended to build a station this year or even next year, and if a letter
could be obtained from the Shell Oil Company assuring that they intended to bu-'?.::
a station as presented here this evening within twelve months.
Mar. Erwin verbally agreed that he would supply such a letter.
Ur. Tent referred to a piece of property on Six Mile and Newburgh and questioned
C-2 zoning had been approved here for a Shell Station.
Mir. Erwin stated yes, and also for a waiver use which, prior to the new Zoning
Ordinance, was good for an indefinite time.
Mr. Hull advised the Commission that the reason Mr. Erwin is appearing before the
Commission this evening is that all special use permits were made invalid by the
new Zoning Ordinance.
Mr. Tent asked if the Shell Oil Company will retain ownership of this property or
will it be leased to a private businessman.
Mr. Erwin stated that for practical purposes, yes, but legally, no. The Shell Oil
Company actually buys the property, builds the station and then leases it to a
private company.
Mr. Tent questioned if the Shell Oil Company will maintain control over the props-:.
and what assurance will the City have that the operators of this station will ked
it clean.
Mr. Erwin replied by saying that this is a legal problem, and that Shell Oil Com::
as a company, cannot tell an independent Fusinessman how to run his business. 17_:
stated that they attempt to get the best type of people to handle the business,
but feels that the City can do more about proper maintenance of the property
than he can.
Mr. Walker stated that he believed that Mr.
Erwin was here two *ears ago when a
meeting with all the oil companies was held on this subject and at that time
companies were informed that it was up to them to keep their stations clean and s_
used
the matter of other businesses being conducted on the property such as used cars
and trailers, was discussed. Mr. Walker stated the oil companies promised that they
would study these problems and that they wiuld do something about it but they had
not,
Mr. Wrightean stated that there is a station on Six Mile Road and Inkster Road, and
Farmington Road and Middlebelt Road and did Mr. Erwin feel this area was in need
another.
Mr. Erwin replied, yes.
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Mr, J. Rex Fager, 31012 Grennada, was present and stated that he objected to this
station because he feels the area is already saturated.
Mr. Jack Painter, 19041 Hillcrest, requested to know the type of instituti6n invoi.
in this,
Mr. Erwin stated an investor.
Mr. Painter stated his feelings that involvement of an investor seemed to cause
loss of control of the operation by the company.
Mr. Walker announced that this item would be taken under advisement.
Mr, Whitehead entered the meeting at 9:30 p.m.
Mr. Wrightman announced the next item on the agenda is Petition`•65-11-2-12 by
Shell Oil Company requesting to be granted a waiver use permit
to erecta gasoline service station on parcel 19A2ala. The
proposed service station will be located at the southwest co*ner
of Five Mile Road and Newburgh Road in Section 19.
Mr, A. J. Erwin, representing the petitioner, submitted letters signed by 86% of t
people in the area indicating their agreement to this gas station to the Commissio:.
He stated that the petitioner proposed to build the ranch style sei ice station
and that the property had been purchased in 1961. Planning Commission approval .:-z-;
obtained in June of 1961 and building permits picked up, at which time there was
no limitation on waiver cf use. The last building permit was issued to expire on
December 31, 1965. •
Mr. Wrightman stated that the expiration date of December 31, 1965 appears to inc:i :
that in 1961 an attempt was being made to assure a site for future use.
Mr. Erwin stated that this is what they did.
Mr. Hull questioned if the other gas stations were there at the time.
Mr„ Erwin replied that they were not. Mr. Erwin quoted from a survey he had made
that indicated there were 34 stations in Livonia in 1954; 48- in 1960; 70 in 1953;
and a projected estimate of 90 in 1973.
Mr. Tent stated that the concern of the Commission was that the area was already
saturated with stations.
Mss. Chandler questioned if the handler of this station is to be the same as
other station,
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I;_ Erwin replied, yes, Stayfac.
Lull stated that the site plan seemed to be questionable and that there is
land large enough to accommodate a large commercial development south of this prof'-
c.-=t *Y, and that gas stations do not seem to fall into the overall development of a
1.0Lmarcial area.
'.-.nc.gal discussion was held regarding the number and locations of stations in var
-:)r unities and how determination of their need was made.
: -, Walker stated that there is no great need for gas stations in Livonia and that
; .e Commission is now attempting to obtain Offers from oil companies that would
22 cr more than just a gas station, perhaps, a motorlab.
'r, Erwin advised the Commission that their one and only Motorlab was a big expens : _.
;_nstallation and draws from a ten mile area.
:'mss. Chandler questioned if Mr. Erwin felt that the Motorlab drew from a ten mile
area and only passing traffic with a regular gas station.
"1 Erwin stated yes.
Chandler questioned if either of Shell Oil's two lots are large enough for a
-otorlab.
CiErwin stated, no , the size of the lot on which the Motorlab is situated is
: Y 300' and that it is the first and only in the Detroit Metropolitan area.
.._,, Edward S. Hyman, 'Presidmnt of and speaking for, Newburg Heights Civic Associatf.
":-3_32 Sherwood Drive, stated that there are already two service station on this
- cr and that the station at Five Mile & Merriman has changed hands three times.
stated his belief that stations in the area have not found it a profitable
' 3 ..ness, and that pages 43 and 44 of the "Proposed Development Policies for
1^55-1970" support his views.
, Tc.d Shirley, 37552 Powell, stated his objection to the petition because there
.� _.o traffic control on this road and it is not improved. Mr. Shirley stated that,
.-:cording to Livonia's f iguret, there are 104 gas stations in the City and accordin-
'., ,gr. Driker's report, 71 are needed. This is a dangerous intersection and a
station would add to the congestion.
Willard Coleman, 15455 Richfield, was present and indicated objection to the
:ition.
.,, Talker stated that he concurs with the fact that this is a dangerous intersecti__..
,•:: :i that tis item would be taken under advisement.
-.._, Wrightman announced that the next item on the agenda is Petition 65-10-3-3
by Charles A. Byran requesting the vacation of the 5 foot easement
adjacent to the north line of lot 67 and the 5 foot easement
adjacent to the south line of lot 66. The easement to be vacated
is located in the easterly 100 feet of lots 66 and 67 of B.E. Taylor's
Green Acres Subdivision in Section 23.
Charles A. Byran, 20309 Schoolcraft Rd., Detroit 23, Michigan, representing t:.
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petitioner, stated that he represented Alex Aiand :Helen M. Zion in the purchase of
this property and that there was no mention made of an easement on it until receipt
of the title policy]
Mr. Walker referred to a letter dated Novembet 15; 1965 from the Engineering
Department recommending that the petitioners be required to establish a 6 foot
easement along the south line of lot 674
There being no one else present wishing to be heard regarding this petitions Mri
Walker, announced that this iteth would be takeh undet advisement;
Upon a motion duly made by. Mr. Whitehead, and seconded by Mr. Polloctti, and uhahinously
adopted it was
#12-210-65 RESOLVED that the City Planning Commission does hereby adjourn the
Public Hearing held on Tuesday, December 14, 1965, at approximately
10:15 p.m.
* * * * * * * * *
Mr. Walker, Chairman, called the 214th Special Meeting to order at approximately
10:45 p.m. with approximately 15 interested persons in the audience.
Mr. Wrightman announ'csd that the first_ item on the agenda is Petition 65-11-1-38
by Thomas G, •and Viola R. Bosco, requesting the rezoning of lots
447 and 448 of Supervisor's Livonia Plat #7 from RUF to C-1, The
IL property requested to be rezoned is located at the northeast corner
of Middlebelt Road and Bretton Road in Section 1.
Mr. Walker advised that it had been proposed to the petitioner and he agreed that he
could amend his petition from RUF to C-1 to RUF to P.S.
Mr. Wrightman stated his desire to see a plan of the part of the property that he is
developing and a projected plan of what he intends for the balance of the property,
Mr. Pollock questioned if the petitioner plans to erect the proposed office building
immediately,
Mr. Bosco replied, yes.
Mr. Walker requested to know if Mr. Bosco agreed to amending the petition to rezone
the entire parcel to P.S. and to furnishing a site plan of the entire development;
Mr. Bosco stated that he agreed to that.
Mr. Walker announced that this item would be taken under advisement.
Mr. Wrightman announced that the next item on the agenda is Petition 65-11-1-39
by'Milton M. S hiffman, M.D. requesting the rezoning of lots'39'through
43, inclusive, of Beverly Gardens Subdivision from R-1 to p.S'.,,The
property requested to be rezoned is located at the southeast corner
ILof Seven Mile Road and Sunset Boulevard in Section 11.
Mr, Whitehead stated that the northwest section of Livonia is being rapidly devel-V
ed and that he felt Seven Mile Road is going to be a heavily traveled road and much
of the property along Seven Mile Road will have to go commercial because the
property will be less desirab>; for residential. He stated that he would like to
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see this gentleman's request for P.S. Zoning granted.
Mr, Tent verbally agreed that this area will eventually be commercial but questioned
beginning in the middle of an area. He feels this would constitute Spot zoning
and that much P,; S. Zoning in the City has been granted but never developed;
Mrs Pollock q--stioned the spot zoning' approach and stated that he feels that P.S.
zon?rg would not enhance the homes of the people on Seven Mile Road.
Mr, Hull stated that 41% of the Commercial zoning within the City at the present
time is not being used. P,S. and coatme=cial zoning should be brought into a logical
development pattern. Whether or not an owner speculates should not be the basis
for judgment, and this request conflicts with the Livonia Mall Study whieh the
Mayor and Council have concurred,
Mr. Whitehead stated his belief that the cost of P.S. zoned property is high, which
would account for the 41% unused P.S. zoned property, and that the only way to
get into Livonia is to purchase land and then hale it rezoned,
Mr. Tent stated that when P.S. zoning is granted and not developed within 1 years
the Planning Commission can take it upon themselves to rezone it back to its
original use and questioned if this 41% could be rezoned back to its original use,
Upon a motion duly made by Mr. Ward and seconded by Mr. Tent, it was
1#12-211-65 RESOLVED that, pursuant to a Public Hearing having been held on
December 14, 1965 on Petition 65-11-1-39 as submitted by
Milton M, Shiffman, M0D, 'requesting the rezoning of lots
• LD through 43, inclusive, of Beverly Gardens Subdivision from
R-i to P,S... located at the southeast corner of Seven Mile Read
and Sunset Boulevard in Section 11, the City Planning Commission
does hereby recommend to the City Council that Petition 65-11-1-39
be denied for the following reasons:
(1) It would constitute spot zoning,
(2) It would tend to encourage strip commercial and strip
office development along a major th ,roughfare„
(3) Strip commercial development along a major thoro7ghfare
conflicts with the prima-,ry purpose of moving traffic
on these thoroughfares, and
FURTHER RESOLVED that notice of the above Public Hearing was published
in the official ne:ispaper; the Livonian Observer and City Post, under
date of 2?ovember 24, 1965; and notice of such hearing was sent to the
Detroit Edison Company, the Chesapeake & Ohio Railwy Company,
Departments as listed in the Proof of S ervicev
A roll call vote on the foregoing resolution resulted in the following:
AYES: Tent , Cameron, Pollock, War& F.eusted
NAYS: Walker, Whi:ehead, Wrightman, Chandler
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Mr. Walker, for clatif ioetion, stated that one df the reasons for the large per-
centage of Untised lhnd in various zoning dhtegorieg is because for may years
the Commission did not have an adequate stbff id the office to plan' and designate
the growth of the City. Most of the print petitions zoned property with no limit
on time. Now we have proper zoning with waiver of use to re-evaluate and control
the character of the City, and zoning should never be granted without assurance of
development within a limited time.
Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution
is denied.
Mr. Wrightman announced that the next item on the agenda is Petition 65-11-2-11
by Shell Oil Company requesting to be granted a waiver use permit
to erect a gasoline service station on parcels 23Glla2b and 23G1lal,
11a2a, located at the southeast corner of Merriman Road and Five Mile
Road in Section 23.
Mr. Walker requested that the Legal Department check the signatures and addresses
contained on the petition indicating agreement to the gas station and that the
petition be taken under advisement until this has been done.
Mr. Wrightman announced that the next item on the agenda is Petition 65-11-2-12
by Shell Oil Company requesting to be granted a waiver use permit
to erect a gasoline service station on parcel 19A2ala, located at
the southwest corner of Five Mile Road and Newburgh Road, in Section
19.
Mr. Tent recommended that this petition be taken under advisement until signatures
on agreement petitions were authenticated by the legal department.
Mr. Walker announced that this item would be taken under advisement.
Mr. Erwin was complimented by the Commission on his presentation and the architect
on the plans of the building.
Mr. Wrightman announced that the next item on the agenda is Petition 65-10-3-3
by Charles A. Byron, attorney for Alex A. and Helen M„ Zion,
requesting the vacation of the 5 foot easement ac'jacent to the north
line of lot 67 and the 5 foot easement adjacent to the south line
of lot 66, located in the easterly 100 feet of lots 66 and 67 of
B. E. Taylor's Green Acres Subdivision in Section 23.
Upon ? motion duly made by Mr. Ward and seconded by Mr. Wrightman, it was
#12-212-65 RESOLVED that, pursuant to a Public Hearing having been held on
December 14, 1965 on Petition 65-10-3-3 as submitted by Charles
A. Bryon, Attorney for Alex A. and Helen M. Zion, requesting
the vacation of the 5 foot easement adjacent to the north line
of lot 67 and the 5 foot easement adjacent to the south line of
lot 657 located in the easterly 100 feet -1 lots 66 and 67 B. E.
Taylors Green Acres Subdivision in Section 23, the City Planning
Commission doe3 hereby recommend to the City Council that Petition
65-10-3-3 be approved subject to the dedication of the following
described ea-ement;
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"The south six (6) feet cf Lot 67, B.E. Taylor's Green
Acres Subdivision, as recorded in Liber 69, Page 76,
Wayne County Records, said subdivision being a part of
the N, 1/2 of Section 23, T. 1 S., R. 9. E., Livonia
Township ( now City of Livonia), Wayne County, Michigan";
and
FURTHER RESOLVED that, notice of the above Public Hearing was
published'in the official newspaper, 'the Livonian Observer and
City Post, under date of November 24, 1965, and notice of such
hearing was sent to the Detroit Edison Company, the Chesapeake
and Ohio Railway Company, City Departments and petitio"ers, as
listed in the Proof of Service.
A roll call vote on the foregoing resolution resulthd in the following:
AYES: Wrightman, Pollock, Ward, Chandler, went, Whitehead, Heusted,
Walker, Cameron
NAYS: None
Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution
is adopted,
Mr. Wrightman announced that the next item on the agenda is Petition 65-8-1-2
by Arthur Pollack requesting the rezoning of property located
between Middlebelt Road and Harrison, north of the cemetery
property on Six Mile Road, in the west 1/2 of Section 12 from
R-1 to R-7.
Mr. Walker advised the Commission that Mr, Ponder had submitted a letter this
evening indicating the petitioner's willingness and agreement to the recom-
mendation of the Planning Commission which requires that the amount of units in
the area should not be greater than 120 and that they are not in a position
to say how the back land should be used, Mr. Walker questioned if the Commission
members wanted to approve a petition without knowing how or what the ultimate
use of the balance of the land will be.
Mr. Ward recommended that the petition be taken under advisement because of the
letter received this evening and the fact that he feels the petitioner and the
Commission can work something out.
Mr. Walker stated that it has been the City's policy in the past to request
dedication of flood plain lands and the petitioner might like to take this into
consideration,
Mr. Pollock stated his belief that the whole parcel should be studied and
predetermined as to what the entire parcel should be used for.
Mr. Cameron stated that he would like to see a marked up plot plan of the 120 units
at the commissions next meeting.
Mr. Walker questioned if Mr. Ponder could attend another meeting with such a plan,
Mr. Ponder stated that the petitioner does not know what they cua do with the
back land.
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Mr. Walker stated that this petition will be taken under advisement,
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Mr. Wrightman announed that the next item on the agenda is Petition 65-8-3-2
by Nicholas Ortopan requesting the vacating of an unused portion
of old Schoolcraft Road which lies on the south side of Tax item
19J2 in the southwest 1/4 of Section 19.
Upon a motion duly made by Mr. Tent and seconded by Mr„ Cameron it was
#65-213-65 RESOLVED that, pursuant to a Public Hearing having been held on
December 14, 1965 on Petition 65-8--3--2 by Nicholas Ortopan
requesting the vacation of an unused portion of old School-
craft Road which lies on the south side of tax item 19J2 in
the southwest 1/4 of Section 19, the City Planning Commission
does hereby recommend to the City Council that Petition 65-8-3-2
be denied for the following reaso-In:
(1) It is important to have a point of secondary access to the
industrial property to the east,
(2) This area is in the path of the proposed I-96 freeway and
this right-of-way will probably have to be purchased for
the freeway if it is now abandoned,
(3) This enisting right-of-way functions as a service drive
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t for the industrial property to the south, and
FURTHER RESOLVED, that notice of the above Public Hearing was
published in the official newol:cper, 'the Livonian Observer and City
Post under date of November .10, 1965, and notice of such hearing
was sent to the'Detroit Edison Company, the Chesapeake and Ohio
Railway Company, City Departments, and petitioners as listed in
the Proof of Service,
A roll call vote on the foregoing resulted in the following:
AYE: Pollock, Ward, Chandler, Tent, Whitehead, Heusted, Wrightman
Cameron, Walker
NAYS: None
Mr. Walker, Chairman, declared the motion is carried and the foregoing resolution
is adopted.
Upon a motion duly made by Mr, Wrightman, seconded by Mr. Whit ehead, and
unanimously adopted it was
#12-214-65RES OLVED, that the City Planning Commission does hereby approve
the minutes cf the Planning Commission Meeting held on November
2, 1965,
L Upon a motion duly made by Mr. Ward, seconded by Nr. Tent, and unanimously
adopted, the City Planning Commission does-hereby adjourn the 214th Special
Meeting held on Tuesday, December 14; 1965, at approximately 11:30 p.m.
AT a T D ....,
. w, , t � CITY ••IANN ING C'�: �_S T: ICN
C4arles W. Walker, C -irnan /` " _A!/.
arry 1 ghtman: S/cretary