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HomeMy WebLinkAboutPLANNING MINUTES 1969-08-12 5658 MINUTES OF THE 208th REGULAR MEETING AND A PUBLIC HEARING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, August 12, 1969, the City Planning Commission of the City of Livonia held its 208th Regular Meeting and a Public Hearing at the Livonia City Hall, Mr. Raymond Tent, Chairman, called the Public Hearing to order at approximately 8:20 p.m. with approximately 35 interested persons in the audience. Members Present: Raymond W. Tent Robert Colomina Harry Urightman Donald Heusted Frank Santo Charles Walker Members Absent: Marvin Moser H. Dow Tunis Joel LaBo Messrs. Don Hull, Planning Director; John J. Nagy, Assistant Planning Director and Robert Menzies of the City Planning Department; Harry C. Tatigian, City Attorney and Dan Andrew, Industrial Coordinator were present. Mr. Wrightman announced the first item on the agenda is Petition 69-6-1-21 by William Ponder, attorney for Leonard J. Hyman, requesting to rezone property located on the north side of Six Mile Road, east of Middle- belt in the Southwest 1/4 of Section 12 from RUF to C-2. 1[1'4044 Mr. Tent stated that a letter dated July 2, from Mr. Strasser advises that the petition, as submitted, contains an incorrect legal description and that a substan- t ial portion of the area involved is the Tarabusi Flood Plain. On July 3rd, Mr. Hull wrote to Mr. Ponder advising him that the petition was in error and a new legal description was needed; also that the rear 1/2 of the areain the petition lies in the Tarabusi flood plain, further suggesting a revised site plan was need- ed and should be submitted with the petition. The file shows that on July 11th the petition was amended, to show a new description, but as far as a site plan and the Tarabusi problem, this remained unanswered. A letter from the Wayne County Road Commission, dated July 30th, 1969, advised that no right-of-ways are needed. Mr. Tent asked if petitioner was present. Mr. Ponder was present in behalf of the petitioner, who is the Memorial Park Rest Haven, Inc. Mr. Tent asked if this is a new corporation who has purchased the cemetery. Mr. Ponder replied, yes. He explained the petition; that the property in question is at Six Mile on the south and Middlebelt on the west, being the northeast corner. He stated that the corporation owns the entire cemetery property which is 67 acres, the petition only covers approximately 20 acres. He went on to discuss the history of the property; i. e. the cemetery is 45 years old; at the time it was set down as such all areas around were farmlands. He added that because of the expansion of the City over the years he feels that this is no longer the best use for the land, its best use would be for commercial purposes. He advised that there have 101. been no burials in this area. Mr. Ponder stated that if successful in this zoning petition, petitioner has been negotiating with several commercial business enter- prises of general nature„ as well as offices, etc. ; however, added that no one has been tied down to a firm commitment. 5659 Mr. Ponder stated, in answer to Mr. Strasser's letter, regarding the Tarabusi drain that this is one of the older drains, part of the Master Storm Drainage Plan of the City; he further advised that petitioner realizes the problem and IL: would work out a solution to the drain, i. e. it could be tiled, re-routed, etc. In any event he assured the Commission it would be taken care of. Mr. Tent asked if the new owner has had the property for approximately 1 to 2 years Mr. Ponder replied, yes; the property was in litigation several times but this was with the prior owners and not the petitioner. Mr. Tent stated that the area is a swamp area; there is a tremendous drainage and flood plain problem. He added that the Tarabusi drains out the entire subdivision area. He stated that the area cannot be completely filled, petitioner will need a revised plan. He further stated that petitioner has suggested methods to handle the problem but advised that you do not build on flood plain land. Mr. Ponder advised the Commission that the Livonia Mall was rezoned and the City tiled the drain; again stating that the drain problem would be resolved probably by tiling it in. Mr. Tent asked if a gas station was in the plan for the corner; went on to discuss the problems created in this petition. Mr. Ponder stated that petitioner could not build even if the zoning is passed. Mr. Tent wanted Mr. Ponder to know that this drainage is of concern to everyone in the area; that the Commission is aware of this and wanted petitioner to also be aware of it. Mr. Wrightman asked if petitioner is interested in continuing the cemetery in the north portion of their land and will they continue to bury in the north? Mr. Ponder advised that the map shows the border line to the north. He stated that north of the line would be cemetery; no cemetery to the south of the line. Mr. Ponder and the Commission had a discussion regarding the ise of the land immediately north of that set out in the petition. Mr. Wrightman stated he was sure that when petitioner purchased the land they knew it was designated as a cemetery; that something has attracted them to change the use of the property and he would like to know what and why? Mr. Ponder stated that when the land was purchased nothing was said to the effect that the entire parcel had to be used as a cemetery, again advising that the best use for the City and his client is as requested in the petition. Mr. Wrightman asked what is needed more; cemetery space or business - adding that its present use is necessary to the City. Mr. Tent stated that you cannot build on this type of land; he discussed Wonder- land, the Livonia Mall and other shopping centers - adding that petitioner has omitted too much from the site plan. He asked if the petitioner had a market survey which shows that the City needs this use. Mr. Ponder again stated that they feel that for the City and the petitioner the zoning as requested is the best use of the property; the land is not taxable at present and would bring in high taxes if rezoned. 5660 Mr. Walker asked what the actual acreage is. On the legend of the plan it states 15.7 acres; Mr. Ponder is talking about 20 acres. Mr. Ponder stated that is as shown on the site plan; 15.7 acres. Mr. Walker continued that Mr. Ponder stated that the entire cemetery parcel is 67 acres and a portion is not going to be further developed as cemetery. He asked if the exact acreage could be determined so the Commission can figure what exactly is to be used as commercial acreage. Mr. Ponder advised that he thinks about-35 acres; they want to develop all of the property, not as a cemetery - their thinking is a cemetery to the north, apartments in the middle and the shopping center to the south. Mr. Wrightman stated that the Commission in order to make a decision must determine the boundary lines between remaining cemetery property and what the petitioner proposes to use for a different purpose; if there is a question of not using flood plain area petitioner has overdeveloped and his plan would have to be reduced if the problem could not be resolved with the Engineering Department; he felt that these matters have to be worked out before the Commission can give the petitioner an answer._on the zoning - adding that they are talking about approximately 1/3 of the property lying in the flood plain. He added that he wants to know just what is to be taken from the cemetery. Mr. Tent asked if Mr. Ponder had seen the site plan presented prior to the meeting adding that with Mr. Ponder's experience before the Commission and with the City he could not believe he would present such an incomplete plan. Mr. Ponder replied, yes - he had seen the plan, further stating that they had thought the problems discussed were problems to be taken care of outside of the zoning petition, that the Commission has brought them in as part of the petition. Mr. Wrightman stated if they are looking at the zoning they should look into the entire amount of land they are desirous of changing so the Commission can make an intelligent decision on the petition. . Mr. Ponder said he would like to hear from the Planning Department on any require- ments, etc. Mr. W. R. White, a resident across the road stated that he has paid taxes for 37 years on his vacant land; pro-ratio of the taxes were questioned if the zoning change is passed. He added that Mr. Ponder was referring to the creek passing under the Livonia Mall being the same as that in the property in question. Mr. White advised that the creek does not pass under the Mall - it is further west of that land. He stated that in the Spring it is 30' wide and sometimes it rises to the bottom of the bridge in the area. He objected to the petition, adding that if cemetery land cannot be taken for a highway, how can you take it for commercial purposes. Mr. Tent asked Mr. Hull, as land now stands, is petitioner paying any taxes. Mr. Hull replied, no. Mr. Ponder stated that under the law, petitioner does not have to. Mr. Hull stated it has to do with the status of the land not the zoning; it is designated a cemetery. 5661 Mr. Wrightman asked Mr. White what his land is zoned. Mr. White replied, farmland. There was a short discussion of the history of the lands and the zoning, taxes, etc. Mr. Walker advised Mr. Wh..te that he should know that the Commission is fully aware of the taxation question, that petitioner does not pay same, and this has been taken into consideration. A resident who lives directly opposite the area on Six Mile, stated that the Tarabusi goes directly through her property. Her husband wanted to fill the land in and were denied their request because it is a flood plain and were told it could never be done because of what would happen to all the people along the drain area. Mr. Tent assured her that the Commission is concerned about the petition and all suggestions and remarks are taken into consideration. He stated this matter would not be acted on tonight as there is too much to be worked out on the petition. Mr. Tent, Chairman, stated the matter would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 69-7-1-22 by Joseph and Shirley Donnini requesting to rezone property located on the south side of Plymouth Road, west of Laurel Avenue in the Northwest 1/4 of Section 13, from C-1 to C-2. Mr. Tent stated there is a letter dated July 15, 1969 in the file from Mr. Strasser stating that additional parking would be required and that no drainage is available for such parking area. Further, there is the necessity of a right of way for t widening Plymouth Road. Mr. Tent asked if petitioner was present. Mr. Donnini stated that the drainage is in the back and that the 27' easement has already been given and is in the hands of the County. Mr. Tent stated they would need a quit claim deed. Mr. Donnini and the Commission had a short discussion about prospective renters changing their minds due to the fact the property is zoned Cµ1 instead of C-2. Mr. Tent stated that a site plan is needed. Mr. Donnini advised the buildings are already on the land; one rented as a party store, the other as a Quick Printing operation. Mr. Tent stated the area is zoned C-i; to zone to C-2 the petitioner would have to show a definite need, i.e. for a specific type of business. The Commission must know why. Mr. Wrightman stated petitioner has buildings on the property; must be aware of what is allowed in C+41. Petitioner referred to a prospective future restaurant as an example. i 5662 Mr. Donnini stated he now has two units, 25 x 65, and they are rented as aforesaid but .he wants greater flexibility in finding renters when his stores are vacant. Mr. Urightman advised petitioner what he is requesting is spot-zoning. He went on to discuss the location of the buildings, the parking that exists, the fact that the present tenants come under C-1 zoning and asked if petitioner would have enough area to sustain the parking requirement under C-2? Petitioner replied, yes. it Mr. Tent asked if petitioner had C-2 what he would use/for, also stating that for his present use C-1 is sufficient. He stated for a zoning change petitioner must show the Commission what he will use the land for and how it will be developed. Mr. Hull advised the Commission that originally, this petitioner went before the Zoning Board of Appeals as he was contemplating a lithographing operation, which would need C-2. He added that now the use is nothing more than a duplicating process which would call for only C-1. Mr. Tent advised petitioner that the matter stands at this meeting there is no problem they can see, both stores are occupied and there is no need for a change. Mr. Tent, Chairman, declared the matter would be taken under advisement. Mr. Urightman announced the next item on the agenda is Petition 69-7-1-23 by John F. Dooley, attorney for Gil Investment Company, Inc., requesting to rezone property located on the north side of Schoolcraft Road, east of levan, in the Southeast 1/4 of Section 20, from C-1 to C-2. Mr. Tent advised there is a letter in the file dated July 21, 1969 stating there are no problems except developer will be required to extend the storm sewer and Sanitary sewer. Mr. Dooley, representing petitioner, stated that the extension of the sewers would be no problem, petitioner would take care of this. He stated that it was their intention to build a gasoline station on the corner and were only asking that 150' x 160' be rezoned. He showed the Commission a sketch of the proposed gasoline station; advised that any modification requested by the Planning Department would be met, petitioner has adequate land to readjust, the design so it is compatible with the adjacent neighborhood. Mr. Tent advised that the Commission receives many requests for stations as well as for permission to have 'side lines'" with the gas stations such as trailers and other equipment stored for rent, etc. because the gas station business alone is not enough to survive. He asked if petitioner intended to sell gasoline solely. Mr. Dooley stated that there are two oil companies that stick to selling gasoline, Boron (Standard Oil of Ohio) and Standard Oil. Mr. Tent advised Mr. Dooley that the station at Farmington and Plymouth Road is a Citron Station; that it is covered with trailers, etc. Mr. Dooley advised Mr. Tent that Citron is only a distributor for Standard Oil. That Mr. Tent will not find Standard or Boron stations selling anything but gas oline. 5663 Mr. Wrightman stated he is not interested so much in whether or not the corner is suitable, he is concerned about the outlot which is not developed; what will become of that if this petition is approved. Mr. Dooley advised that the rest of the land is C-1 and will be used by Gil Investment Company, the owner, for C-1 purposes or they may consider coming before the Commission and turn it into P.S. He assured the Commission petitioner would not ask for C-2, it would be either C-1 or P.S. Mr. Wrightman stated that the residents are the ones who suffer when outlots are developed improperly, they can have a deteriorating effect on the adjacent area. Mr. Walker agreed with Mr. Wrightman's thinking stating that when a cornier such as this is developed, if it is not a high class development it would/compliment the high priced homes in the area. He asked if a gas station would encourage development around it. Mr. Dooley stated the southwest corner of Six Mile and Farmington..is an example of this type complex. Mr. Santo advised Mr. Dooley that this is a poor example - the architect was to build a beautiful building there because of the Burton Hollow Subdivision which is adjacent thereto, it being one of the better residential sections of the City. He stated that nothing was done to improve the neighborhood, it was the complete opposite; it has not been kept up, weeds and debris etc. have been allowed to get worse and worse. He advised Mr. Dooley that this was a very poor example if this is the type development he has in mind. Mr. Dooley stated that no one has ever come up with an idea for the property in question. He added they are only talking about 150' x 160' and if the Commission grants this petition he guarantees he will bring in a development plan for the rest for C-1, unless the Commission prefers P.S. adding that if the Commission will give him some indication of what they will do on this petition he will bring in plans for the balance of the land. Mr. Tent stated the question is, is the gas station a compatible use for this land. Mr. Tent asked if anyone in the audience wished to be heard on this petition. Mrs. Norman, 35998 Milburn, stated that they fought apartments and would like this property to remain as is. Mr. Walter Juras, 36039 Scone, stated that the traffic load is high at this corner; called the attention of the Commission to the fact that I-96 would have its last access off the freeway at this point before Six Mile Road. He discussed the surrounding developments, i.e. college, Chevrolet Parts, etc. He stated this will be prime road because of the left turn arteries the traffic should be observed after completion of the 1-96. Then the Commission should consider what can be done with the corner. He further suggested that at that time the Commission should get the complete thinking of petitioner instead of just "one cut of the pie`. Mr. Tent advised the audience that petitoner is entitled to petition for a change at any time, it is his right. It is then up to the Commission to decide. Mr. Jerry Wilson, President of Meadowview Civic Association, speaking for 6 Civic Associations in the area, stated that the general concensus of the people is they are against the gas station. They agree the corner should be developed but do 5664 not feel a gas station is the answer. If the Commission deems it necessary, they will petition against any gas station. Mr. Richard Kukula, a resident discussed the expressway and the service drive and its effect on the setback; where it would put the proposed gas station; etc. Mr. Tent advised him that these are the problems the Commission must evaluate. Mr. Dooley asked to be heard again. He stated he does not agree with the gentle- man (Mr. Kukula) about the petition interfering with the service drive adding that if it does he can move it back, again stating that if the matter is taken under consideration he will come back with a proposal for the entire parcel. Mr. Tent advised Mr. Dooley that he did not want to encourage him to go along with the gas station; that Mr. Dooley has heard the wishes of the people and the objections; however, if he has other plans to bring for, he may do so. Mr. Tent asked if anyone else in the audience wished to be heard on this petition. There was no one else. Mr. Tent, Chairman, stated the matter would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 69-5-3-4 by Joseph C. Desiato requesting the vacation of an alley located parallel with Seven Mile Road from Harrison to Deering, in the Northeast 1/4 of Section 12. Mr. Tent stated that a letter in the file from Detroit Edison stated they would not object to vacation of the alley but would like a 20' wide easement retained 11: to protect their equipment in the area. He also stated there is a letter dated July 17, 1969 from Mr. Strasser, City Engineer objecting to the petition and to vacating the alley, until the Seven Mile Road right-of-way requirements have been satisfied. Petitioner was present and advised the Commission that because of the alley he cannot erect the type of building he needs. He discussed his needs with the Commission. Mr. Wrightman advised him that because of the 20' easement he could not build on the alley even if it were vacated. Mr. Tent stated that the Commissioners had walked and checked out the area. He said that Seven Mile Road has traffic congestion; there is inadequate parking to service buildings at the front. Petitioner stated that there is no alley there now - only telephone poles. Mr. Damuth, who has a real estate office next to petitioner, 28221 Seven Mile, stated there is no easement or poles along there - the poles go north and south. Mr. Tent again..stated the letter from Edison Company requires the 20' easement There was a short discussion about the requirements of a right of way and the remaining depth of the lot. Mr. Damuth stated his garage is right on the alley and has been for many years. He was advised that he is in violation. 5665 Mr. Robert Dowdy, owner of Lot 19, stated that he needs the alley for access to the back of his building; parks 4 cars - he cannot park in the front; further stating that the alley is used by trash commercial pick-ups. He objected to the petition. A resident who is owner of Lots 20, 21 and 22, agreed with Mr. Dowdy that she would not have access to the back of her property. Mr. Colomina asked what type of building petitioner would require. Mr. Desiato stated he is an optician and wanted an office. Mr. Tent asked what real estate office Mr. Damuth was with. Mr. Damuth replied, Hallmark. Mrs. Grant, who stated she has a home on Gilman, stated there is an alley but you cannot see it; does not see why it is needed. She added that Edison has never come into the alley. There being no one else to be heard, Mr. Tent, Chairman, stated the matter would be taken under advisement. Mr. Urightman announced the next item on the agenda is Petition 69-5-2-13 by Lindhout Associates for Livonia Education Association requesting a waiver use permit to erect an office building on property located on the west side of Middlebelt between Wentworth:. and Five Mile Goad in Section 14. Mr. Tent advised there is a letter dated June 11, 1969 from Mr. Strasser in the file advising there is no storm sewer available for surface drainage, the owner must extend 200' of storm sewer. He stated the Site Plan conforms to the zoning ordinance and there are no other problems. Mr. Tom O'Connor, an employee of Lindhout Associates was present to represent petitioner. He advised the building would serve as headquarters for the admini- strative staff, and advised the Commission what the staff is comprised of. He added the building is maintenance free and advised the commission the material it would contain. He stated this type of operation has very little traffic; the most would be a board meeting which means 20 members at maximum and parking is adequate for this. Mr. Tent stated this is the same petitioner and parcel which came before the Commissioner a few weeks ago for P.S. zoning and they are now requesting the waiver use permit. Mr. Tent asked if the site plan shown tonite is the same which was presented before. Mr. Hull answered yes adding that this petition should be held up and coordinated with the zoning petition, to go through Council at the same time. Zoning changes generally take approximately 6 months and waiver use permits 3 months. Mr. Wrightman asked if petitioner is aware of requirements for storm drainage. Mr. O'Connor answered, yes. He stated they had started with a larger building and have cut it down to handle the matter. Mr. Tent asked if anyone in the audience wished to be heard on this petition. There was no one. 5666 Mr. Tent, Chairman, stated the matter would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 69-6-2-16 by the Cheyenne Building Company requesting to be granted a waiver use permit to erect a restaurant on property located on the north side of Five Mile Road between Merriman and Bainbridge in Section 14. Mr. Tent stated that the file disclosed no engineering problems, however, there are several zoning violations, i.e. insufficient parking, no masonry wall on the north side of the building, etc. Mr. Robert Coops, attorney for petitioner, stated that petitioner wants to install a restaurant in one of the three buildings to be erected. He stated that with regard to the masonry wall, petitioner will erect same. He added that there have been several conferences with Mr. Hull and petitioner, stating that petitioner is desirious of cooperating with the City. Mr. Tent advised Mr. Coops that as a resident of Livonia himself he must be concerned as is the Commission with shopping centers and their development and maintenance. Mr. Coops agreed with Mr. Tent and stated they want to go along with the City and meet the requirements of the zoning ordinance; there was a discussion regarding the landscaping of the present shopping center, as well as the proposed; he was advised by Mr. Tent that nothing appeared on the site plan which has been sub- mitted by the petitioner i_nthe way of landscaping. Mr. Coops stated that petitioner is not adverse to beautifying this area; that this is not a run-down area, nor is it the same type of shopping center as Seven Mile and Middlebelt as they are limited in funds. 4 Mr. Tent reminded Mr. Coops that taxes had been reduced; Mr. Coops in reply stated that they were reduced because the land was over-assessed, not because it was run down. Mr. Coops stated that petitioner had agreed to put in trees and shrubbery as well as the wall (masonry) in the back; a wall of trees had been suggested for the rear but petitioner feels this would be difficulat with the present wall situation. Mr. Tent asked if there was anyone in the audience wishing to be heard on this petition. Mr. Richard Aaron representing the home owners association in the area, stated they felt the shopping center is a mess; they are not against the restaurant or three buildings if it will improve the shopping center but if they put in land- scaping as requested and do not maintain same it would just be a problem. Mr. Coops agreed with the Président of the Civic Association that the development would be an improvement over the existing weeds in that area. At this point in the meeting Mr. Tent had the Planning Department show slides taken of the area in question. They were taken of all areas, showing debris, partial walls, weeds, etc. • 5667 Mr. Coops stated he could only say his clients are not the tidiest in the world. He had seen the .shopping center from west to east through the parking lot and advised the Commission they had certainly done a more thorough job. He stated the area would be cleaned of debris, petitioner would take care of the landscaping and wished to continue with the City on the beautification. He added, however, that some of the tenants themselves the petitioner has little control over. Mr. Tent stated that petitioner owns the property and they should take care of the area or see that it is done. Mr. Coops stated they will complain and if tenants fail to clean it up, the petitioner will do 100% of the landscaping of the area; they will take care of this; they will get together with the City Planning Department on this. The City Planning Department showed petitioner a mounted print of what is suggested by the City Planning Department, together with estimated costs, etc. Mrd Santo stated that it is the desire of the Commission to beautify the City and use whatever means which comes to their department to enable them to do so. In this case the desire to erect a restaurant in an area which has been allowed to run down. Mr. Tatigian stated he is interested in Mr. Santo's remarks, due to a misunder- standing on the part of petitioner as well as other people. One time he was asked what the posf .:ion of his office would be insofar as any additions to a shopping center is concerned, He was under the impression that the particular shopping center was in u11 compliance with the zoning ordinance. Just to clear the air, as far as his office is concerned, and he has advised the Bureau of Inspec- tion, if not in compliance it would be a non-complying use; that is, while the use is permitted, if there are violations that exist without obtaining a waiver from the Zoning Board of Appeals they would not be permitted to add to or extend that shopping center; in addition, with respect to the restaurant, that is a waiver use requiring the approval of this body as well as the City Council. One addition- al point, Mr, Tatigian advised, is that so long as there are violations of the zoning ordinance neither this group nor the City Council has the right to grant a w-iver use, This is the position of the City Attorney's office. Mr. Tent asked petitioner what type of restaurant would be erected. Mr. Coops stated, Chinese. Mr. Tent asked what the building would look like. Mr. Jops stated it will blend in with the existing buildings. Mr. Tent asked if petitioner did not agree to staggering the buildings as shown on the mounted print. Mr. Coops replied that they objected to it. He congratulated the Commission on its work in behalf of the City. Mr. Spoon explained that the elevation will be similar to that which is in the shopping center now, not the full height of the bulding of the origianl shopping center; there will be a canopy over the front to cover the walk; the existing barber shop and Pizza Parlor will be raised 3' to conform with the new building t as well as a new facing to blend. 5668 Mr. Walker spoke to Mr. Spoon with regard to all the improvements the City has made abutting his property; i.e. the widening of Five Mile Road - spoke about having attended 4 meetings in the prior two weeks, all concerning this shopping center; he advised him that many people in the City are concerned and there is no reason why this Center cannot be maintained better, the green belt kept up, broken glass removed, the garbage dumped in the rear removed. He stated that there must have been 600 empty cups lying around the area when he walked through and stated that unless all these things, general maintenance, are taken care of they will be under violation. Mr. Wrightman discussed the wall behind the barber shop, 5' from the lot line and asked if that can be iegally elminated, this wall had been required at the time petitioner built the building with the Pizza Parlor and Barber Shop - it is only 20' in length. Mr. Tatigian stated they would have to go to the Zoning Board of Appeals to do this. He stated that the petitioner does not have a vested right to continue the operation of a non-complying use, they do not have the right to expand against the zoning ordinance. With respect to the elimination of the wall, the wall require- ment for the entire shopping center to be waived - must be passed on by the Zoning Board of Appeals, the City can expect all requirements of the Zoning Ordinance to be complied with. Mr. Coops agreed with Mr. Urightman about eliminating the wall in the rear of the barber shop and pizza parlor. Mr. Tent asked if there were any persons in the audience wishing to be heard on this petition. There was no one. Mr. Tent, Chairman, stated this matter would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 69-7-2-17 by Telford and Doolen, Inc. requesting a waiver use permit to use existing building on property located on the south side of Capitol Avenue between Farmington and Mayfield in the Southwest 1/4 of Section 27 for the purpose of selling servicing road construction equipment. Mr. Tent stated there are no engineering problems; there has been an ordinance violation relative to fence and landscaping. A letter dated August 6, indicated a site and landscape plan to which petitioner has agreed to conform. Mr. Hull advised the plan submitted by the petitioner will meet the ordinance requirements. Mr. Dick Telford, petitioner, explained the petition was for the purpose of storing equipment, new or used on the property. Mrs. Newman, 35998 Middleboro, stated she works in a building adjacent to this property and asked what the parking plan would be. Mr. Telford advised her that the sides of the building would be used for employee parking and the rear area for storage of equipment. Mr. Hull discussed 50% of the set back of industial districts be landscaped, and a fence is required around the storage area. 5669 Mr. Seymour Weissman of the Dale Investment Company stated his firm is selling this property to Mr. Telford. He stated he has no objectiontlhe use, that he has the same use across the street in his line of work. There being no one else to be heard on this petition, Mr. Tent, Chairman, stated the matter would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Preliminary plat approval for Livonia Industrial Park Subdivision #2 located east of Farmington Road between Plymouth Road and the C & 0 Railway in the South 1/2 of Section 27. Mr. Tent advised there are no engineering problems; other than the right-of-way line for the cul-de-sac be increased to provide a 75' radius and that Capital Avenue be extended easterly to the east limits of the plat; the plan has been revised to include same. Mr. Tent stated there is a letter from Lt. Thorne of the Police Department object- ing to a cul-de-sac of 60' radius; and setting out 4 points in his letter to which he objects. A letter from the Fire Department refers to problems from fire protection stand- point which have been resolved by revision of the plan; i.e. increase of water main which is an engineering detail and will be taken care of, etc. Letter in the file from Mr. Kerby, Building Inspector, which shows no objections. A letter in the file from Mr. Dan Andrew, dated July 12, objected to the letter from Lt. Thorne. Mr. Seymour Weissman stated this was the second step, or Subdivision #2 for buildings for next year, he is desirious of getting the utilities and pavement in before the winter or early spring; he advised these are done without the help of City funds; this is a continuation of the development just completed. He stated they retain ownership of most of the buildings. Mr. Wrightman asked if petitioner objects to the 70' right-of-way. Mr. Weissman stated the City has two 5' easements on each side of the 60' right- of-way, making an effective width of 70 feet. Mr. Andrew stated the petitioner is objecting to a 70' dedication; stating that they are providing a 60' right-of-way with 5' easement on each side; he added he can see no reason for 70' right-of-way. This is contrary to the Subdivision Rules and Regulations. He went on to discuss Lt. Thorne's letter with regard to installation of concrete sidewalk pavement, etc. Mr. Andrew stated there is no pedestrian traffic in a development of this type and it is not encouraged because of security reasons. Mr. Hull discussed the radius, stating that the actual paved area is what is dimensioned on this plan. He stated 120' is the standard cul-de-sac and that they have added 30' of diameter because of traffic and large vehicles and this should be adequate. 7 5670 Mr. Walker agreed with Mr. Andrew's remarks and it was suggested by Mr. Tent that a copy of Mr. Andrew's letter be sent to Lt. Thorne. Mr. Walker stated that the Commission must respect all thoughts on these matters and would like to convince Lt. Thorne where he is wrong. Mr. Tent stated this also hold's true for the Fire Marshal; they too have the City in mind. After a short discussion it was suggested that a meeting be arranged with all parties and the Planning Department set up guide lines of how the Commission feels, there should be a meeting of the minds in these matters. He pointed out that Lt. Thorne's letter suggested 150' lots instead of 130' , adding that these details should all be discussed at a meeting. Mr. Tent, Chairman, stated that this matter would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Preliminary Plat approval for Taubman Industrial Subdivision located on the north side of Plymouth Road between Merriman and Middlebelt in the South 1/2 of Section 26. Mr. Tent stated that the file showed no objections except in letters from the Fire Department and the Police Department bringing up the same points as were just discussed in conjunction with Livonia Industrial Park. Subdivision #2; it was again determined that a meeting should be held. Mr. Tent, Chairman, stated that this matter would be taken under advisement. Mr. I7rightman announced the next item on the agenda is Petition 69-6-6-13 by the City Planning Commission to amend Section 19.03 and Section 23.03 of Ordinance #543, the Zoning Ordinance, to more adequately cover the City's cost of processing waiver of use applications and zoning amendment applications. 10; Mr. Robert Menzies of the Planning Staff advised the Commission that this is the proposed amendment as submitted and reviewed at the study session which the Commission agreed to accept, the recommendation was to double ordinance fee schedules already written up in the zoning ordinance. Mr. Walker stated that the Commission should give serious thought with regard to churches and payment of fees, in the suggested fee schedule they are excluded; he feels, however, they are big investors and serious consideration should be given . to this and he cannot see why they should escape the filing fee. Mr. Tent stated that Mr. Walker's comments have merit. Mr. Jrightman also agreed with these thoutihts, stating he is in favor of a nominal fee for all types of churches and religious orders, or any other bodies that may become exempt from the filing fee because of the nature of their busi- ness. He added that everyone should pay some of the cost of processing petitions and the ordinance should be amended. Mr. Tent asked, if the Commission were to amend the ordinance in this way would this be underwritten by some other body. Mr. Tatigian stated that the only reason churches are tax exempt is due to the fact that State Statutes so provide - which, of course, are presently under attack in the courts - this will be resolved in the next few years by the 1:4 Supreme Court. He added that insofar as charging a fee, and this he advised is not an opinion, he feels it could legally be done without any problem. 5671 Mr. Tent asked if this were sent back to a study session would this then take another public hearing to be satisfied. Mr. Tatigian stated he would have to look at the notice; he stated that a moderate approach is taken to these things; so long as the section has been adequately noticed in the newspapers that there is a proposed amendment, and a reasonable statement as to the content of it. The purposes of having a public hearing is to determine based on what you hear at the public hearing and where you determine to make changes; he stated he would not think it necessary to readvertise or have a public hearing again but would have to look into it. He added one point, that the fees being discussed are not money makers in a legal sense, they should only be sufficient to cover the Commission's costs. There was a short discussion as to what should be done, whether to re-advertise and have another public hearing; prepare a new amendment - Mr. 'talker suggested that this is a drastic change and the church would have a legal point if they could prove the Commission's action to be illegally misrepresented in the news- paper. Mr. Tent, Chairman, stated that this matter would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 69-6-7-8 by the City Planning Commission to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, so as to delete Parcel D-12 located on the north side of Seven Mile Road, west of Osmus Avenue, in the Southeast 1/4 of Section 3. Mr. Nagy explained that the purpose of deleting the small portion of Parcel D-12 I from the Park Plan is to allow for the extension of Parker Avenue. There being no one wishing to be heard on this petition, Mr. Tent, Chairman, stated the matter would be taken under advisement. On a motion duly made by Mr. Walker, seconded by Mr. Colomina, and unanimously carried, it was #8-112-69 RESOLVED that, the City Planning Commission does hereby adjourn the public hearing held on Tuesday, August 12, 1969, at approximately 11:20 p.m. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. * * * * * * * * * * * * * 5672 Mr. Tent, Chairman, called the 208th Regular Meeting to order at approximately 11:30 p.m. with approximately 15 interested persons in the audience. Mr. Wrightman announced the next item on the agenda is Petition 69-7-1-22 by Joseph and Shirley Donnini requesting to rezone property located on the south side of Plymouth Road, west of Laurel Avenue, in the northwest 1/4 of Section 33 from C-1 to C-2. On a motion duly made by Mr. Santo, seconded by Mr. Wrightman and unanimously carried, it was #8-113-69 RESOLVED that, pursuant to a Public Hearing having been held on August 12, 1969 on Petition 69-7-1-22 as submitted by Joseph and Shirley Donnini requesting to rezone property located on the south side of Plymouth Road, west of Laurel Avenue, in the North- west 1/4 of Section 33, from C-1 to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 69-7-1-22 be denied for the following reasons: (1) the land is presently occupied by a commercial structure that is compatible with the use specified in the C-1 District; there is no need to expand the permitted uses within the existing structure; (2) the general character of the area has been established and developed under C-1 zoning; increasing the intensity of use on this site will only facilitate the change of use on adjacent land; it is in the best interest of the City not to substantially increase the intensity of use along Plymouth Road because of the existing congestion and the difficultycf handling traffic; FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of July 23, 1969, and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company, and City Departments as listed in the Proof of Service. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is Petition 69-5-3-4 by Joseph C. Desiato requesting the vacation of an alley located parallel with Seven Mile Road from Harrison to Deering in the Northeast 1/4 of Section 12. On a motion duly made by Mr. Wrightman, seconded by Mr. Colomina and unanimously carried, it was #8-114-69 RESOLVED that, pursuant to a public hearing having been held on August 12, 1969 on Petition 69-5-3-4 as submitted by Joseph C. Desiato requesting the vacation of an alley located parallel with Seven Mile Road from Harrison to Deering, in the Northeast 1/4 of Section 12, the City Planning Commission does hereby recommend to the City Council that Petition 69-5-3-4 be denied for the following reasons: 5673 (1) the vacation of the alley could encourage the expansion of commercial development that would adversely effect the adjacent residential property; I (2) the vacation of this alley could encourage development that would not be logical and orderly and would not conform to a logical development pattern; (3) a public utility easement would have to be retained so the vacation of the alley would not help the petitioner; FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of July 23, 1969, and notice of such hearing was sent to the Detroit Edison Company, Michigan Bell Telephone Company, Chesapeake & Ohio Railway Company, Consumers Power Company, and City Departments as listed in the Proof of Service. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is Petition 69-5-2-13 by Lindhout Associates for Livonia Education Association request- ing a waiver use permit to erect an office building on property located on the west side of Middlebelt between Wentworth and Five Mile Road in Section 14. Mr. Tent, Chairman, stated this matter would be taken under advisement. The purpose of this is so the Zoning Petition and the Waiver use permit may be put through at approximately the same time. IL Mr. Wrightman announced the next item on the agenda is Petition 69-6-2-16 by the Cheyenne Building Company requesting to be granted a waiver use permit to erect a restaurant on property located on the north side of Five Mile Road between Merriman and Bainbridge in Section 14. Mr. Tent, Chairman stated this matter would be taken under advisement. Mr. Wrightman announced the next item on the agenda is Petition 69-7-2-17 by Telford & Doolen, Inc. requesting a waiver use permit to use existing building on property located on the south side of Capitol Avenue between Farmington and Mayfield in the Southwest 1/4 of Section 27, for the purpose of selling and servicing road construction equipment. On a motion duly made by Mr. Walker, seconded by Mr. Santo and unanimously carried, it was #8-115-69 RESOLVED that, pursuant to a public hearing having been held on August 12, 1969 on Petition 69-7-2-17 submitted by Telford & Doolen, Inc., requesting a waiver use permit to use existing building on property located on the south side of Capitol Avenue between Farmington and Mayfield cp the Southwest 1/4 of Section 27, for the purpose of sellingYservicing road construction equip- ment, the City Planning Commission does hereby recommend to the L City Council that Petition 69-7-2-17 be approved subject to the following conditions: 5674 (1) that the landscape plan, as submitted, be adhered to and the plant material be installed within six months of the date of approval ; 1rW: (2) that the entire area be adequately fenced to enclose the service yard area; for the following reason: (1) it is a compatible use within an industrial area and will not have an adverse effect upon adjacent development; FURTHER RESOLVED, notice of the above public hearing was sent to property owners within 500 feet, petitioner and City Depart- ments as listed in the Proof of Service. Mr. Tent, Chairman declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is the Preliminary plat approval for Livonia Industrial Park Subdivision #2 located east of Farmington Road between Plymouth Road the C & 0 Railway in the South 1/2 of Section 27. On a motion duly.made by Mr. Colomina, seconded by Mr. Wrightman and unanimously carried, it was #8-116-69 RESOLVED that, pursuant to a public hearing having been held on August 12, 1969 the City Planning Commission does hereby recommend to the City Council that the preliminary plat of Livonia Industrial Park Subdivision #2 located east of Farmington Road between Ply- mouth Road and C & 0 Railway in the South 1/2 of Section 27, be approved for the following reasons: (1) it is of sufficient design calibre to justify our approval; (2) it is a logical link in the development of the industrial belt and will enable additional development to take place within this area; FURTHER RESOLVED, notice of the above hearing was sent to the abutting owners, proprietor, City Departments as listed in the Proof of Service, and copies of the plat together with the notice have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department and Parks and Recrea- tion Department. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is the preliminary plat approval for Taubman Industrial Subdivision located on the north side of Plymouth Road between Merriman and Middlebelt in the South 1/2 of Section 26. 5675 On a motion by Mr. Wrightman, seconded by Mr. Santo, and unanimously carried, it was #8-117-69 RESOLVED that, pursuant to a public hearing having been held on August 12, 1969 the City Planning Commission does hereby recommend to the City Council that the preliminary plat of Taubman Industrial Subdivision, located on the north side of Plymouth Road between Merriman and Middlebelt in the South 1/2 of Section 26, be approved for the following reasons: (1) it is of sufficient design calibre to justify our approval; (2) it is a logical link in the development of the industrial belt and will enable additional development to take place within this area; 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 have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department, and Parks and Recreation Department. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. tlrightman announced the next item on the agenda is Petition 69-6-6-13 by the City Planning Commission to amend Section 19.03 and Section 23.03 of Ordinance #543, the Zoning Ordinance, to more adequately cover the City's cost of processing waiver of use applications and zoning amendment applications. Mr. Walker stated that with regard to Section 19.03 they should vote on the amendment but not including, the portion which begins "except that petitions filed by a church " He stated that Mr. Tatigian and Mr. Hull would then prepare an amendment for the remainder as discussed at the public hearing, for advertising and a new public hearing. The provision covering church fees in the amendment to Section 23.03 also to be handled in the same way. On a motion duly made by Mr. Walker, seconded by Mr. tlrightman, and unanimously carried, for the proposed amendment with portions deleted as discussed, it was #8-118-69 RESOLVED that, pursuant to a public hearing having been held on August 12, 1969 on Petition 69-6-6-13 submitted by the City Planning Commission on its own motion to determine whether or not to amend Sections 19.03 and Sections 23.03 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, the City Planning Commission does hereby recommend to the City Council that Petition 69-6-6-13 be approved for the following reasons: (1) it is a necessary step toward maintaining an adequate planning program that can efficiently process current work applications; 3 5676 FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of July 23, 1969 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake and Ohio Railway Company, Michigan Bell .ThlCphone Company and Consumers Power Company, City Departments as listed in the Proof of Service. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is Petition 69-6-7-8 by the City Planning Commission to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, so as to delete Parcle D-12 located on the north side of Seven Mile Road, west of Osmus Avenue, in the Southeast 1/4 of Section 3. On a motion duly made by Mr. Walker, seconded by Mr. Colomina and unanimously carried, it was RESOLVED that, pursuant to a public hearing having been held on August 12, 1969 on Petition 69-6-7-8 as submitted by the City Planning Commission to amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, so as to delete Parcel D-12 located on the north side of Seven Mile Road, west of Osmus Avenue, in the southeast 1/4 of Section 3, the City Planning Commission does hereby determine to table this matter for the following reason: (1) the Schools and City are presently attempting to purchase all the land in the area covered by Spring Valley Subdivision No. 3. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the first item on the agenda is a letter from Mr. John V. Clark dated 7/17/69 requesting extension on Waiver use petition 67-12-2-22 to construct a church on the south side of Five Mile Road between Yale and Country Club Drive in the Northeast 1/4 of Section 20. Mr. Tent asked petitioner why he is asking for this extension. Mr. Clark advised Commission that he applied for a building permit and found that because of the length of time that has passed he needs an extension. He stated they are ready to go on construction. Mr. Hull advised there are no problems. Mr. Tent asked if a one-year extension will help. Mr. Clark replied, yes. On a motion duly made by Mr. Wrightman, seconded by Mr. Colomina and unanimously adopted, it was 5677 #8-119-69 RESOLVED that, pursuant to a request dated July 17, 1969 from John V. Clark requesting an extension of his waiver use (Petition 67-12-2-22) approval to construct a church on the south side of Five Mile Road between Yale and Country Club Drive in the Northeast 1/4 of Section 20, the City Planning Commission does hereby determine to grant an extension for a period of one year, such approval to expire on August 12, 1970, for the following reason: (1) it is logical to extend this permit for one year so that the church may continue their building program. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced that the next item on the agenda is a letter dated July 18, 1969 from Hyman Gold, Gold Construction Company, requesting final plat approval for Gold Manor Subdivision #3 located in the Northwest 1/4 of Section 8. Mr. Hull advised that everything is in order; all financial obligations have been met and the plat conforms. On a motion duly made by Mr. Heusted, seconded by Mr. Wrightman, and unanimously carried, it was #8-120-69 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that the final plat of Gold Manor Subdivision #3 located in the Northwest 1/4 of Section 8 be given final approval for the following reasons: (1) the plat substantially conforms to the previously approved preliminary plat; (2) all the financial obligations of the City have been met; FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission udder Resolution #3-28-68 adopted on March 19, 1968; and it further appearing that said proposed plat together with plans and specifications for improvements therein have been approved by the Department of Public Works, Engineering Division, under date of November 20, 1968; and it further appearing that the financial assurances required in Council Resolution #1325-68 adopted on November 27, 1968 have been filed with the City Clerk, as confirmed by letter date August 7, 1969 from Addison Bacon, City Cleric, it would therefore appear that all conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is Petition 69-6-8-3 by by Schostak Brothers requesting site plan approval of multi- family development to be located on the west side of Farmington Road north of Seven Mile Road, in the Southeast 1/4 of Section 4. 5678 Mr. Tent stated there were no problems in the file, Mr. Hull stated there are four conditions consistent with the approval, stating that the petitioner should be informed of same. Mr. Tent read the four conditions. Petitioner was present and stated they are in agreement. On a motion duly made by Mr. Wrightman, for approval with the conditions, and seconded by Mr. Santo, and unanimously carried, it was #8-121-69 RESOLVED that, the City Planning Commission, pursuant to Section 8.02 of Ordinance No. 543, the Zoning Ordinance, as amended, having reviewed Site Plan #532, presented in connection with Petition 68-4-1-11 approved by City Planning Commission Resolution #5-58-68 adopted on June 18, 1969 and the City Council by Resolution #1320-68 adopted on October 30, 1968, does hereby approve Petition 69-6-8-3 requesting site plan approval for the multi-family develop- ment to be located on the west side of Farmington Road, north of Seven Mile Road, in the Southeast 1/4 of Section 4 subject to the following conditions; (1) that all the landscaping be installed as indicated on the approved plat within one year after the building permit has been applied for; (2) that the partial basements be constructed under each unit as indicated on the approved plan; (3) that the carports be installed as indicated on the plan; (4) that the architectural motif as indicated on the plans submitted to the Commission be adhered to; for the following reason: (1) it is of sufficient calibre to justify our approval. MR. Tent, Chairman declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is Petition 69-7-8-4 by Austin Oil Company requesting Landscape Plan approval for gas station site to be located at the southwest corner of Levan and Plymouth Roads in Section 32. Mr. Nagy showed a copy of the landscape plan, the original of which has been signed and approved. Mr. Santo suggested that pictures be taken of the property now, before the landscaping is started. On a motion duly made by Mr. Wrightman, seconded by Mr. Heusted and unanimously carried, it was d 5679 #8-122-69 RESOLVED that, the City Planning Commission, pursuant to Section 11.02 of Ordinance No. 543, the Zoning Ordinance, as amended, having reviewed the Landscape Plan in connection with Petition 69-7-8-4 as submitted by Austin Oil Company requesting Landscape Plan approval for gas station site to be located at the southwest corner of Levan and Plymouth . Roads in Section 32, the City Planning Commission does hereby determine to approve Petition 69-7-8-4 subject to the following condition: (1) that all the site improvements indicated on the landscape plan be installed within six months of the date of approval; for the following reason: (1) it is of sufficient calibre to justify our approval. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is Petition 68-12-8-3a by Bernard Remer, Architect, requesting Landscape Plan approval for Parkway Apartments to be located on Ann Arbor Trail, west of Wayne Road, in the Southeast 1/4 of Section 32. Mr. Hull stated that this approval should be subject to the condition that the plant material on the approved plan be installed within one year from the date of approval. On a motion duly made by Mr. Wrightman, seconded by Mr. Colomina and unanimously carried, it was #8-123-69 RESOLVED that, the City Planning Commission, pursuant to Section 8.02 of Ordinance No. 543, the Zoning Ordinance, as amended, having reviewed the landscape plan presented for approval in connection with Petition 68-12-8-3a by Bernard Remer, Architect, for Parkway Apartments to be located on Ann Arbor Trail, west of Mayne Road, in the Southeast 1/4 of Section 32, the City Planning Commission does hereby determine to approve the Landscape Plan subject to the following condition: (1) that the plant material and site development indicated on the approved plan be installed within one year from the date of approval; for the following reason: (1) it is of sufficient calibre to justify our approval. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrightman announced the next item on the agenda is Final Plat Approval for Tiffany Park Subdivision #4 located in the Southwest 1/4 of Section 19. 5680 Mr. Hull stated there are no problems here; the quit claim deed is being held in escrow. There was a discussion, brought up by Mr. Colomina, as to the size of the park area, and the location of future park areas in subdivision of this type, where there is a succession of subdivisions by the same builder. On a motion duly made by Mr. `'lrightman, seconded by Mr. Colomina and unanimously carried, it was #8-124-69 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that the final plat of Tiffany Park Subdivision #4, located in the Southwest 1/4 of Section 19, be given final approval for the following reasons: (1) it conforms to the previously approved preliminary plat; (2) all the financial obligations of the City have been met; FURTHER RESOLVED, inasmuch as it appears on the records that tentative approval of said proposed plat was given by the City Planning Commission under Resolution #11-145-68 adopted on November 12, 1963 and it further appearing that said proposed plat together with plans and specifications for improvements therein have been approved by the Department of Public Works Engineering Division, under date of April 30, 1969; and it further appearing that the financial assurances required in Council Resolution #521-69 adopted on May 14, 1969 have been filed with the City Clerk, as confirmed by letter dated July 30, 1969 from Addison Bacon, City Clerk, it would therefore appear that all conditions necessary to the release of building permits have been met and the Building Department is hereby so notified. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Wrighttan announced that the next item on the agenda is Petition 69-6-1-19 by Livonia Masonic Temple Association requesting to rezone property located on the south side of Seven Mile Road between Deering and Goff Streets in the Northeast 1/4 of Section 12, from C-1 to C-2. Mr. Tent asked if the requested quit claim deed and letter of intent had been received. Mr. Hull stated they had all been taken care of. On a motion duly made by Mr. Colomina, seconded by Mr. Heusted and unanimously carried, it was #8-125-69 RESOLVED that, pursuant to a public hearing having been held on July 15, 1969, on Petition 69-6-1-19 as submitted by Livonia Masonic Temple Association requesting to rezone property located on the south side of Seven Mile Road between Deering and Goff to.%\ Streets in the Northeast 1/4 of Section 12, from C-1 to C-2, the City Planning Commission does hereby recommend to the City council that Petition 69-6-1-19 be approved for the following reasons: 5681 (1) it is a logical zoning for this general area of the City; (2) it will not adversely effect the adjacent development; fis: FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of June 25, 1969 and notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, Consumers Power Company and City Departments as listed in the proof of service. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. On a motion made by Mr. Colomina, seconded by Mr. Heusted and unanimously carried, it was #8-126-69 RESOLVED that, the minutes of the June 10, 1969 and July 15, 1969 meetings of the City Planning Commission be approved as amended. Mr. Tent, Chairman, declared the motion carried and the foregoing resolution adopted. On .a motion made by Mr. Walker, seconded by Mr. Ilrightman, and unanimously adopted, the City Planning Commission adjourned their 208th Regular Meeting held on August 12, 1969 at approximately 12:20 A.M. t4if CITY PLANNING COMMISSION 246iek arry Un man, Se etary Attest: Ray u•nd W. Tent, Chairman