HomeMy WebLinkAboutPLANNING MINUTES 1972-04-04 4957
MINUTES OF THE 240th REGULAR
L MEETING AND A PUBLIC HEARING
HELD BY THE CITY PLANNING
COMMISSION OF THE CITY OF
LIVONIA
On Tuesday, April 4, 1972, the City Planning Commission of. the City of Livonia
held its 240th Regular Meeting and a Public Hearing at the Livonia City Hall,
33001 Five Mile Road, Livonia, Michigan.
Mr. Daniel R. Andrew, Chairman, called the Public Hearing to order at 8:10 p.m.
with approximately 75 interested persons in the audience.
Members present: Daniel R. Andrew Francis M. Hand David F. Merrion
Charles Pinto H. Dow Tunis Joseph Talbot
Jospeph Falk Herman H. Kluver
Members absent: Suzanne Taylor (vacation - out of town)
Messers John J. Nagy, Planning Director; Ralph Bakewell, Planner IV; Robert
Brzezinski, Assistant City Attorney; Dan Gilmartin, and Jerry Callender,
Industrial Development Commission.
The Secretary, Mr. Kluver announced the first item on the agenda, Petition
72-2-1-14 by Alvin C. Meyer for Glen Eden Lutheran Church request-
ing to rezone property located between Newburgh and Farmington
Road and between Seven and Eight Mile Roads in Section 5, from
RUFC to AG.
Mr. Carl Thompson was present representing Mr. Alvin C. Meyer. He advised the
Commission that they would like to build a mausoleum. When they had contacted
the City they learned that they had been operating for forty years under improper
zoning. This is the reason for them being here this evening.
There was no one else present wishing to be heard on this petition and the
Chairman declared the public hearing closed.
On a motion duly made by Mr. Tunis, seconded by Mr. Kluver and unanimously
adopted it was
#4-93-72 RESOLVED that, pursuant to a Public Hearing having been held on
April 4, 1972, on Petition 72-3-1-14 as submitted by Alvin C.
Meyer for Glen Eden Lutheran Church requesting to rezone property
located between Newburgh and Farmington Road and between Seven
and Eight Mile Roads in Section 5, from RUFC to AG, the City
Planning Commission does hereby recommend to the City Council
that Petition 72-3-1-14 be approved for the following reasons:
(1) The AG Zoning District is the appropriate zoning
category for cemetery uses pursuant to Zoning Ordinance
IL 4/543 requirements.
(2) The proposed zoning change will allow for conformity
between the land use and the zoning district regulations.
L : .
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FURTHER RESOLVED that, notice of the above public
hearing was published in the official newspaper, the
Livonia Observer, under date of March 15, 1972 and
a 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.
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, Petition 72-2-1-12
by the City Planning Commission on its own motion to rezone
property located on the south side of Plymouth Road, west of
Newburgh Road in the Southeast 1/4 of Section 30, from C-2
to C-4.
Mr. Nagy read the letter on file from Wayne County Road Commission which generally
stated that additional footage should be gained for future road needs.
Mr. Newman was present and stated that the zoning should remain as is until
he can present a concrete plan for this corner. Changing the zoning at this
time would only present certain difficulties. Over the past few months he
stated that he had complied with various requests and was continuing to do so
and asked therefore that this request be granted him.
Mr. Tunis asked how long this was zoned this way.
Mr. Newman stated several years.
Mr. Nagy stated it has been zoned this way in excess of ten years.
Mr. Andrew stated that in all fairness to the developer there were no sanitary
sewers until just a few years ago.
Mr. Pinto stated that in past meetings of the last several months Mr. Newman had
mentioned the possibility of development of this land was culminating within
a few weeks. Mr. Pinto asked specifically whether these negotiations were still
on.
Mr. Newman stated the negotiations were still on.
Mr. Pinto asked Mr. Newman whether his prospective could be accommodated by a
C-2.
Mr. Newman stated not by a C-4 either. He went on to say that he would like to
get with the board and work with them.
Mr. Andrew asked whether height limitations must be set.
Mx. Nagy stated no, since it has not been passed by Council as yet and if that
ordinance is passed, the C-4 would have height limitations of 4 and C-4-A would
therefore be no more than 4.
There was no one else present wishing to be heard and the Chairman declared the
public hearing closed.
w.,
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On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted
it was,
#4-94-72 RESOLVED that, pursuant to a public hearing having been held on
April 4, 1972, on Petition 72-2-1-12 as submitted by the City
Planning Commission on its own motion to rezone property located
on the south side of Plymouth Road, west of Newburgh Road in
the Southeast 1/4 of Section 30, from C-2 to C-4, the City
Planning Commission does hereby recommend to the City Council
that Petition 72-2-1-12 be approved for the following reasons:
(1) The proposed zoning change will provide for uses that
are more compatible to the surrounding uses of the area.
(2) The proposed zoning change will maximize on the development
potential of the site area.
(3) There is no need for more conventional C-2 development
in this area because the needs are presently being adequately
served by existing development within the area.
(4) The site area can withstand this proposed increase in
land uses, the aesthetics of the parkway, the site location
and the abutting roads providing access to it are capable
of handling the increase in traffic flow.
FURTHER RESOLVED that, notice of the above public hearing was
published in the official newspaper, the Livonia Observer, under
date of March 15, 1972 and a 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.
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, Petition 72-3-1-13 by
the City Planning Commission on its own motion to rezone property
located on the south side of Five Mile Road, east of Levan Road
in the Northeast 1/4 of Section 20, from C-1 and R-2 to P.S.
Mr. James Finn, owner of a portion of the property subject to the proposed
rezoning was present and stated that the property was zoned C-1 when they
bought the property and it wasn't until they wanted to put in a Big Boy
restaurant there that this proposed zoning change came up. He stated he
was against the rezoning. He felt this area needed a restaurant.
Mr. Hand stated it was the Commission's understanding that the hospital expansion
would have a restaurant open 24 hours a day and would in some regard answer
some of Mr. Finn's criticism. Mr. Hand went on to say that one of the major
considerations expressed was the amount of traffic that this facility Mr. Finn
proposed would generate.
Mr. Pinto asked Mr. Finn whether St. Mary Hospital had given him reason to believe
that they are going to build medical offices for rent or lease.
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1:: Mr. Finn stated that they had asked St. Mary's about this and that the hospital
had indicated that they did not know. He was only going on the fact of what
other major hospitals are doing and that St. Mary's had more property than any
one of the other hospitals.
Mr. Finn stated that he was asked by the City Council at the time of his hearing
for C-2 zoning whether he would consider the zoning of C-1 for the rest of his
property if they allowed him to build this restaurant. He said that he still
did not know what he would build.
Mr. Pinto asked what the final outcome was .o4 Mr, Yinnts. .rezoning petition,
Mr. Andrew stated it was tabled by Council,
Mr. Andrew asked whether Mr. Finn had considered an extended care center,
Mr. Finn stated he had but that they could never get a commitment from the
hospital as to whether or not St. Mary's plan to build such a center.
Mr. Kelly, 36373 Jamison, was present and stated that he objects to the rezoning.
There was no one else,present widhing to be heard and the Chairman declared the
public hearing closed.
On a motion duly made by Mr. Talbot, seconded by Mr. Merrion, it was,
10. RESOLVED that, pursuant to a public hearing having been held
on April 4, 1972 on Petition 72-3-1-13 as submitted by the
City Planning Commission on its own motion to rezone property
located on the south side of Five Mile Road, east of Levan
Road in the Northeast 1/4 of Section 20, from C-1 and R-2 to
P.S. , the City Planning Commission does hereby determine to
table this item.
A roll call vote resulted in the following:
AYES: Merrion, Pinto, Talbot, Andrew
NAY: Falk, Tunis, Hand, Kluver
ABSENT: Taylor
The Chairman declared the motion failed.
On a motion duly made by Mr. Tunis, seconded by Mr. Hand and adopted it was,
#4-95-72 RESOLVED that, pursuant to a public hearing having been held on
April 4, 1972 on Petition 72-3-1-13 as submitted by the City
Planning Commission on its own motion to rezone property located
on the south side of Five Mile Road, east of Levan Road in the
Northeast 1/4 of Section 20, from C-1 and R-2 to P.S. , the City
Planning Commission does hereby recommend to the City Council
that Petition 72-3-1-13 be approved for the following reasons:
Ji (1) The proposed zoning change will provide for uses more
appropriate to the surrounding uses of the area.
(2) The permitted uses of the P.S. District are compatible
to the established uses within the commercial area
proposed to be changed.
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(3) The permitted uses in the P.S. District will generate
less traffic than commercial and by reducing the traffic
flow on Levan Road the conflict of traffic movement along
Levan Road will be lessened. Levan Road is only a half
mile of two lanes and is incapable of handling high
intensity commercial traffic.
(4) This area is primarily a residential area and the
existing commercially zoned lands are inappropriate and
not in harmony with the residential uses of the area.
(5) The proposed zoning change will provide for uses that will
be in harmony with the hospital, the existing uses of the
area and act as a transition between the nonresidential
uses to the north and the residential uses to south and
east.
FURTHER RESOLVED that, notice of the above public hearing
was published in the official newspaper, the Livonia Observer,
under date of March 15, 1972 and a 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.
A roll call vote resulted in the following:
AYES: Falk, Pinto, Tunis, Hand, Kluver
NAYS : Merrion, Talbot, Andrew
ABSENT: Taylor
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, Petition 72-2-1-10 by
Frederick Wilson requesting to rezone property located at the
Northwest corner of Westmore and Roycroft Avenues in the South-
west 1/4 of Section 15, from R-1 to P.
Mr. Nagy stated his office had received a petition signed by 26 residents living
on Shadyside and Westmore protesting to the rezoning and being more than the
required 20% of frontage thereby needing a 3/4 vote of Council.
Mr. Lindhout representing Mr. Wilson, was present and stated that the topography
was such that it was impossible to approach the land from Farmington Road. The
additional property to the rear would allow the additional parking for a modest
office building. The intent is to have ten parking spaces immediately to the
rear and the piece of property needed is zoned R-1. The' existing trees would
be retained. The separation of this parking area bis greenbelt in place of a
wall would be up to the Zoning Board of Appeals.
Mr. Andrew asked whether the house under construction on Westmore on property abutting
to the North is the same depth as the orchard,
Lindhout agreed it was.
Mr. Andrew asked Mr. Lindhout and Mr. Wilson whether they would stop the parking
at point shown on proposed site plan.
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ILO Mr. Lindhout and Mr. Wilson stated that this is their intent.
Mr. Tunis asked what was on Lot 5A2 and Lot 16.
Mr. Lindhout stated that 5A2 was All State Insurance Company and Lot 16 was
split and a house is being built.
Mr. James Watts, 15504 Westmore, was present and wanted to know what was to
keep these people from making the rest of the lot into parking.
Mrs. Lydia Berry, 36714 Bennett was present and stated she was opposed to the
rezoning.
Mr. Talbot explained to her that she had bought the house next to All State
Insurance and that a wall existed there.
Mrs. Berry stated that if a wall went up she would not object to the rezoning.
Mr. Tunis explained there would be an orchard demarcation, and would this
be agreeable to her.
She stated it would be.
Mr. Kemp, 15531 Westmore stated he objected to walls.
Mr. Watts wanted to know if this building is already constructed.
Mr. Andrew stated that a house would be removed and a law office would be
constructed.
Mr. Andrew instructed the petitioners to file a letter with the City Clerk
amending their petition to delete the easterly 70 to 80 ft. according to
discussion that took place tonight.
There was no one else wishing to be heard and the Chairman declared the public
hearing closed.
On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted
it was,
#4-96-72 RESOLVED that, pursuant to a Public Hearing having been held
on April 4, 1972 on Petition 72-2-1-10 as submitted by Frederick
Wilson, requesting to rezone property located at the northwest
corner of Westmore and Roycroft Avenues in the Southwest 1/4 of
Section 15, from R-1 to P, the City Planning Commission does hereby
recommend to the City Council that the requested zoning (P) be
granted only on that portion of property being legally described
by the following amended legal description:
Lot 15, Brightmoor Home Acres, as recorded in Liber 51,
Page 1, Wayne County Records, said subdivision being a
part of the S. W. 1/4 of Section 15, T. 1 S. , R. 9 E. ,
City of Livonia, Wayne County, Michigan, except the East
70' thereof.
for the following reasons :
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(1) The proposed zoning change will provide for uses
that will be compatible to the surrounding uses of
the area.
(2) Parking uses when well screened, adequately landscaped
and well maintained will not adversely affect residential
uses.
(3) The proposed zoning change to the parking classification
will act as a transition and buffer between the residential
uses to the north and the non-residential uses south of
Roycroft Avenue.
FURTHER RESOLVED that, notice of the above public hearing was
published in the official newspaper, the Livonia Observer,
under date of March 15, 1972 and a 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.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Kluver announced the next item on the agenda, Petition 72-2-1-11 by Frank
Craver requesting to rezone property located on the north side of
Five Mile Road between Doris and Oporto in the Southeast 1/4
of Section 14, from R-1 and R-5 to P.S.
Mr. Frank Craver was present and stated that he wanted to construct a funeral
home on this site.
Mr. Andrew asked when he proposed to start construction.
Mr. Craver stated as soon as they were able to get site plan approval.
Mr. Andrew stated that the site plan shows a residential structure already exists.
Will this be demolished as a result of this construction or will it remain.
Mr. Craver stated that home belongs to someone else.
Mr. Andrew asked about the structures on east side of Doris.
Mr. Craver stated they were barns and they would be removed.
Mr. Tunis stated he was curious about the house.
Mr. Andrew stated that this was a joint petition and the owner of this house was
also requesting the rezoning. Their names are Mr. and Mrs. Ira Jones.
Mr. Pinto asked Mr. Craver if he could speak for the co-petitioner.
Mr. Craver stated he could not speak for the co-petitioner.
Mr. Hand asked about egress and ingress and lining up of cars in lot.
Mr. Craver stated there was sufficient room in parking lot to line up cars.
4964
Mr. Rudnick, 15360 Oporto, was present and stated he was against the rezoning
because it would depreciate his property.
Mr. David Gray, 14040 Oporto, stated since there are no immediate plans for Lot 27,
why rezone it now.
A resident, 15385 Doris, wanted to know what would be done to this area of parking.
Mr. Andrew stated that the Commission could not answer at this time because the
landscape plan has not been submitted.
Mr. Merrion asked Mr. Craver if he had considered any other P.S. zoned land for
a funeral home.
Mr. Craver stated that he had not investigated anything further since he felt
that this site was large enough to afford excellent landscaping possibilities.
The question of the legality of splitting of the petition was brought up at this
time.
Mr. Andrew stated that the splitting of a petition was possible.
Mr. Brezezinski, Assistant City Attorney concurred with Mr. Pinto and Mr. Nagy
on legality of splitting of petition.
On a motion duly made by Mr. Tunis, seconded by Mr. Falk and it was,
RESOLVED that, pursuant to a public hearing having been
460 held on April 4, 1972 on Petition 72-2-1-11 as submitted
by E. Frank Craver requesting to rezone property located
on the north side of Five Mile Road betty en Doris and
Oporto in the Southeast 1/4 of Section 1 , from R-1 and
R-5 to P.S. , the City Planning Commission does hereby
determine to table this item.
A roll call vote resulted in the following:
AYES: Falk, Tunis
E NAYS: Merrion, Pinto, Talbot, Hand, Kluver, Andrew
ABSENT: Taylor
The Chairman declared the motion failed.
On a motion duly made by Mr. Merrion, seconded by M. Falk and adopted it was,
#4-97-72 RESOLVED that, pursuant to a public hearing having been held on
April 4, 1972 on Petition 72-2-1-11 as submitted by E. Frank
Craver requesting to rezone property located on the north side
of Five Mile Road between Doris and Oporto in the Southeast 1/4
of Section 1y, from R-1 and R-5 to P.S. , the City Planning Commission
does hereby recommend to the City Council that Petition 72-2-1-11
be approved in part, being legally described as follows:
460 That part of the S. E. 1/4 of Section 14, T. 1 S. , R. 9 E. ,
City of Livonia, Wayne County, Michigan, described as be-
ginning at a point on the S. line of said section distant
S. 89° 55' E. , 232.77 ft. from the S. 1/4 corner of Section
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14 and proceeding thence S. 89° 55' E. along said line
180.01 ft. ; thence N. 0° 03' 40" W. 446.43 ft. ; thence
N. 89° 55' W. 159.71 ft. to the E. line of Doris; thence
along E. line S. 0° 03' 10" E. 49.80 ft. and on a tangent curve
to the right, radius 300.0 ft. a distance of 82.35 ft. and on
a tangent curve to the left, radius 240.0 ft. , a distance of
65.90 ft. and S. 0° 03' 10" E. 250.15 ft. to the point of
beginning except the south 60 ft. thereof. Bureau of Taxation
Parcel 14Sla.
and
Lots 23 through 26, Golf View Woods Subdivision, as recorded
in Liber 67, Page 57, Wayne County Records , said subdivision
being a part of the W. 1/2 of the S. E. 1/4 of Section 14,
T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan,
Bureau of Taxation Parcel 14e23 through 14e26.
for the following reasons :
(1) The proposed zoning change and the permitted uses of
the P.S. District will be compatible to the surrounding
uses of the area.
(2) The proposed zoning change will act as a buffer and
transitional zoning separating the residential land
uses to the north from the affects of the Five Mile Road
traffic corridor.
(3) The area of the proposed zoning change is of sufficient
/ size and shape to accommodate an increase in the land
use development intensity.
and denying the request for Lot 27, being legally described as
follows:
Lot 27 of Golf View Woods Subdivision as recorded in Liber
67, Page 57, Wayne County Record, said subdivision being a
part of West 1/2 of the Southeast 1/4 of Section 14, T. 1 S.
R. 9 E.
FURTHER RESOLVED that, notice of the above public hearing was
published in the official newspaper, the Livonia Observer, under
date of March 15, 1972 and a notice of such hearing 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.
A roll call vote on the foregoing resolution resulted In the following:
AYES: Pinto, Merrion, Talbot, Tunis, Hand, Kluver, Andrew
NAYS: Falk
ABSENT: Taylor
The Chairman declared the motion carried and the foregoing resolution adopted.
J
46
4Jbb
Mr. Kluver announced the next item on the agenda, Petition 72-2-2-3 by John F.S.
Yee requesting to be granted a waiver use approval to operate a
restaurant in a building located on the south side of Eight Mile
Road between Farmington Road and Gill Road in the Northeast 1/4
of Section 4.
There is a letter on file from the Engineering Department stating that the
sanitary sewer needs to be extended and the need for a retention basin.
Mr. Markowitz was present representing Mr. Yee and Mr. Chung. He advised the
Commission that this would be a sit down restaurant operating seven days a week
between the hours of 10 A.M. and 11 P.M.
Mr. Pisto stated that the easement had been bought and sewers will be put in
and a temporary pond will exist until such time that the main sewer comes
through.
Mr. Andrew pointed out that it appeared that they were lacking in parking spaces.
Mr. Markowitz stated they could use adjacent lots for parking.
Mr. Hand asked Mr. Nagy if they could meet restaurant parking requirements.
Mr. Nagy stated yes, but it would severely curtail the retail sales going into
the balance of the available floor space.
Mr. Hand stated that zoning ordinances require certain amount of parking spaces.
If the balance of the buildings are retail sales then the restaurant facility
would be deficient in parking.
Mr. Pinto asked how the Commission controls what will go into this building.
Mr. Nagy stated by the issuance of a zoning compliance permit and Certificate of
Occupancy.
Mr. Hand asked whether a traffic report was requested.
Mr. Nagy stated a traffic report was requested, however, we have not received it
as yet.
There was no one else present wishing to be heard and the Chairman declared the
public hearing closed.
On a motion duly made by Mr. Tunis, seconded by Mr. Kluver and adopted it was,
#4-98-72 RESOLVED that, pursuant to a public hearing having been held
on April 4, 1972 on Petition 72-2-2-3 as submitted by John F. S.
Yee requesting to be granted a waiver use approval to operate
a restaurant in a building located on the,south side of Eight
Mile Road between Farmington Road and Gill Road in the Northeast
1/4 of Section 4, the City Planning Commission does hereby
determine to table this item.
A roll call vote resulted in the following:
AYES: Falk, Merrion, Pinto, Talbot, Tunis, Hand, Kluver
4; NAYS: Andrew
ABSENT: Taylor
The Chairman declared the motion carried and the foregoing resolution adopted.
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Mr. Kluver announced the next item on the agenda, Petition 72-2-2-4 by
Robinson Furniture Company requesting to be granted a waiver
use approval to construct a furniture warehouse with an accessory
retail outlet on property located on the north side of Industrial
Road between Levan and Farmington Roads in the Northeast 1/4 of
Section 29.
Mr. Patrick Duggan, representing Robinson Furniture Company, was present. He
advised the Commission that his client was asking for a waiver use for the con-
struction of a new warehouse with the limited use for the sale of new furniture.
The cost of the building will be two million dollars. The site was chosen because
of the rail accessibility. A rendering of the proposed warehouse was shown to
the Commission.
Mr, Ruben, President' of Robinson Furniture was present.
The Traffic Department submitted aletter that stated that the I-96 service-drive
entrance would be used by semi-trucks coming in from out of state. It is suggested
that the entrance ways be made one way.
Mr. Duggan stated that 95% of deliveries would be made by rail.
Mr. Sintowski, Architect , stated that the building would be of steel frame, cement
block and baked enamel metal siding.
Mr. Pinto stated that he noticed that at the rear of the site plan there is a
large undesignated area.
Mr. Duggan stated that it was an area not to be included in the waiver use.
Mr, Pinto inquired whether a fire truck could gain access along east side of structure.
Mr. Sintowski stated they could because they had allowed 12 feet and that the Fire
Department had only requested 10 ft.
Mr. Hand asked whether there would be a fire wall separating retail sales from
the warehouse,
Mr. Sintowski stated there would be and that the entire building would be
"sprinkled",
Mr. Tunis asked how they proposed to get the trailers in and back out again.
A discussion ensued describing how "tight" they were on parking.
Mr. Nagy stated there was an overage of 20 parking spaces according to the
ordinance,
Mr, Andrew asked whether there would be any problem making one way driveways.
Mr. Sintkowski stated there would be no problem at all.
Mr. Andrew a§ked about the hours of operation.
Mr, Ruben stated they would be 10 A.M. to 10 P.M.
Mr. Andrew asked Mr. Nagy if he could see any problems to one way drives in
regard tq parking,
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Mr. Nagy stated yes to the extent that the one way system is clearly understood
or definable within the parking area. People leaving the parcel pickup area
would have a difficult time knowing not to proceed directly onto the service
drive.
Mr. Andrew asked Mr. Gilmartin if his board approved of this site plan.
Mr. Gilmartin stated that it did.
Mr. Rosendale, 13900 Golfview, President of Madonna College Subdivision wanted
to know what was going in on the residential side.
Mr. Andrew stated the front of the building would have customer parking and 50 feet
of landscaping.
There was no one else wishing to be heard and the Chairman declared the public
hearing closed.
On a motion duly made by Mr. Pinto, seconded by Mr. Tunis and unanimously adopted
it was,
#4-99-72 RESOLVED that, pursuant to a public hearing having been held
on April 4, 1972 on Petition 72-2-2-4 as submitted by Robinson
Furniture Company requesting to be granted a waiver use approval
to construct a furniture warehouse with an accessory retail out-
let on property located on the north side of Industrial Road
between Levan and Farmington Roads in the Northeast 1/4 of Section
29, the City Planning Commission does herebyrecommend to the City
11; Council that Petition 72-2-2-4 be approved for the following
reasons :
(1) The proposed use meets the requirements of the M-1
District regulations and the specific requirements
of the M-1 waiver use regulations.
(2) The proposed use is compatible to and in harmony with
the surrounding uses of the area.
(3) The proposed use is of sufficient architectural calibre
and quality and of good site design and layout to merit
approval.
with the following conditions :
(1) That incorporated within this approval Site Plan dated
March 17, 1972 revised March 31, 1972, prepared by Wah
Yee Assoc. , excluding however, therefrom the southerly
275 feet, more or less of the site shown thereon and
excepting therefrom the easterly 30 ft. (to be used for
railroad side track purposes) and the westerly 30 ft.
(to be improved and used for raodway purposes) shall
be adhered to. Further, there shall also be constructed
1E: an easterly extension of the northerly wall of the building
which is to be 10 ft. in height and extending to a point
12 ft. 6" beyond the easterly wall of the building. And
provided further that the area between the easterly wall
of the building and the easterly property line shall be
surfaced with asphalt.
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(2) The southerly elevation of the building shall be faced
with "highlight" block (random pattern) 10 ft. in
height from grade level.
(3) That the overall appearance of the building shall be
consistent with the rendering dated March 4, 1972,
submitted by the Taubman Company.
(4) That the site shall be landscaped to the extent and as
shown on the landscape plan submitted by the petitioner
and designed by J. C. Scott and Associates dated
March 27, 1972 with all plantings in place and planted
prior to issuance of Certificate of Occupancy and
provided that all landscape islands within the parking
area be adequately curbed. And further that all landscape
areas are to be provided with an underground irrigation or
sprinkler systems.
FURTHER RESOLVED, that notice of the above public 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 carried and the foregoing resolution adopted.
Mr. Andrew called for a short recess at 11:20 p.m.
The meeting was reconvened at approximately 11:30 p.m. with all members.
present as were present for the initial roll call.
Mr. Kluver announced the next item on the agenda, Petition 72-2-1-9 by the City
Planning Commission, initiated by Council Resolution #59-72,
requesting to rezone property located on the northeast corner
of Levan and Schoolcraft Roads in the Southeast 1/4 of Section
20, from C-1 to P.S.
On a motion duly made by Mr. Tunis, seconded by Mr. Talbot and unanimously
adopted it was,
#4-99a-72 RESOLVED that, the City Planning Commission does' hereby determine
to remove this item from the table.
Mr. Andrew declared the motion carried and the foregoing resolution adopted.
Mr. George Crantz, Counsel for petitioner asked that he be allowed to speak.
Mr. Andrew polled the Commissioners to determine if there would be objection
to this item being opened to the audience for discussion. Hearing no objection,
Mr. Andrew opened the discussion to the audience.
Mr. Crantz stated that this was condemnation without compensation. He also
stated he felt this was spot zoning and in his opinion illegal. He asked that
the petition , be defeated.
Mr. Jack Moore, 36066 Schoolcraft, owner of property directly across the street
from parcel in question stated P.S. would be most beneficial for this corner.
4970
Mr. Vince Rosenthal, 13907 Golfview stated his civic -.association had taken a
vote and it was decided that P.S. would be suitable rezoning.
On a motion duly made by Mr. Tunis , seconded by Mr, Kluver and unanimously
adopted it was,
#4-100-72 RESOLVED that, pursuant to a public hearing having been held
on March 7, 1972 on Petition 72-2-1-9 as submitted by the
City Planning Commission, initiated by Council Resolution
#59-72, requesting to rezone property located on the north-
east corner of Levan and Schoolcraft Roads in the Southeast
1/4 of Section 20, from C-1 to P.S. , the City Planning
Commission does hereby recommend to the City Council that
Petition 72-2-1-9 be approved for the following reasons:
(1) The proposed zoning change will provide for uses
that will be more appropriate to and in harmony
with the surrounding uses of the area.
(2) The proposed area more appropriately lends itself
to professional service development.
(3) The planned future development of the expressway
with the related interchange of the expressway and
Levan Road will have a stronger influence on the
site for professional office devdopment as opposed
to local commercial development.
(4) The major established uses within the area are more
appropriately associated with professional office
development and the proposed change in zoning is
consistent with the established uses and would
encourage development compatible to the area.
(5) The planned expressway south of the property is
depressed. Accordingly, this property no longer has
the same relationship as the site has to Schoolcraft
Road and, as a result, will be less attracted to the
transient traffic along the future expressway which
lessens its potential for commercial development.
FURTHER RESOLVED that, notice of the above public hearing was
published in the official newspaper, the Livonia Observer,
under date of February 16, 1972 and a notice of such hearing
was sent to the Detroit Edison Company, Consumers Power
Company and City Departments as listed in the Proof of Service.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Kluver announced the next item on the agenda, Petition 72-3-8-5 by R.
Scheibenreif, Sears, Roebuck and Company, requesting approval of
1 all plans in connection with a proposed second floor storage
addition to the Sears, Roebuck and Company Department store
located within the Livonia Mall VicinityControl Area and
enclosed outdoor sales and service area within the existing store.
On a motion duly made by Mr, Kluver, seconded by Mr. Talbot and unanimously
adopted it was ,
4971
4#4-101-72 RESOLVED that, pursuant to Section 18.56 of Ordinance #543,
the Zoning Ordinance of the City of Livonia, as amended by
Ordinance #788, the City Planning Commission does hereby
recommend to the City Council that Petition 72-3-8-5 by
R. Scheibenreif, Sears, Roebuck and Company, requesting
approval of all plans required by Ordinance #788 in
connection with a proposed second floor storage addition
to the Sears, Roebuck and Company Department store located
within the Livonia Mall Vicinity Control Area and an
enclosed outdoor sales and service area within the existing
store of Sears, Roebuck and Company be approved for the
following reasons:
(1) The proposed use will not have an adverse effect upon
the existing uses of the area or generate an increase
in the needs for consumer and/or employee parking.
(2) The proposed change will upgrade and improve the physical
development.
(3) The proposed change will increase the efficiency of
the operation thereby providing for an improved service
to the patrons of the store.
(4) The proposed change will improve the aesthetic appearance
of the easterly building elevation of the store front.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Kluver announced the next item on the agenda, Petition 72-3-8-3 by Larry
Malo requesting site plan approval for a Karate/Judo facility
proposed to be located on the south side of Seven Mile Road,
east of Middlebelt Road in the Northwest 1/4 of Section 12.
On a motion duly made by Mr. Tunis, seconded by Mr. Pinto and unanimously adopted
it was,
#4-102-72 RESOLVED that, pursuant to Section 18.56 of Ordinance #543,
the Zoning Ordinance of the City of Livonia, as amended by
Ordinance #788, the City Planning Commission does hereby
recommend to the City Council that Petition 72-3-8-3 by
Larry Malo, Karate/Judo Schools of America, 4434 Woodward
Avenue, Royal Oak, Michigan 48072, requesting Site Plan
approval for a Karate/Judo facility proposed to be located
on the south side of Seven Mile Road, east of Middlebelt
Road in the Northwest 1/4 of Section 12, be approved for
the following reasons:
(1) The proposed use is in harmony with the surrounding uses
of the area.
(2) The proposed site and building development is of sound
architectural character and quality to be in harmony with
the surrounding development of the area.
(3) The proposal meets all of the requirements of Zoning
Ordinance #543.
4972
with the following conditions:
(1) That site plan submitted by Lawrence Malo signed and dated
4-4-72 shall be adhered to.
(2) That the site area shall be landscaped as shown on the
approved plan and all landscape materials shall
be installed before the issuance of a certificate of
occupancy is granted.
(3) That the building architecture shall conform to that
as shown on the building elevation plan submitted by
Lawrence Malo dated 4-4-72.
The Chairman declared the motion carried and the foregoing resolution adopted.
The Secretary announced the next item on the agenda, approval of landscape plan
for Astro Tune-Up Center located on the east side of Middlebelt
Road on the corner of Elsie.
On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted
it was,
#4-103-72 RESOLVED that, the City Planning Commission does hereby
approve Landscape Plan #1-3, dated 3/24/72, submitted
by H. Scott Davidson in connection with Petition
71-11-2-35 requesting to be granted a waiver use
permit to operate an Astro Tune-Up Center(automobile)
on property located on the east side of Middlebelt
between Five Mile Road and Elsie in the Northeast 1/4
of Section 24, such waiver use petition having been
approved by the City Planning Commission on December 14,
1971, subject to the following conditions:
(1) That all landscape material as shown on the
approved Landscape Plan shall be installed
before issuance of a Certificate of Occupancy.
(2) That all landscape materials shall be permanently
maintained.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Kluver announced the next item on the agenda, letter dated 2/28/72 from
Willard E. Lockwood requesting an extension of waiver use
approval Petition 66-4-2-9 to operate a fruit market on the
west 1/2 of Lot #6 and all of Lot #7 of Horton's Newburgh
Subdivision located on the north side of Ann Arbor Trail
between Newburgh Road and Horton Avenue in Section 31.
On a motion duly made by Mr. Hand, seconded by Mr. Tunis and unanimously adopted
110 it was,
• 4973
#4-104-72 RESOLVED that, pursuant to a request dated February 28, 1971
from Willard E. Lockwood requesting an extension of Petition
66-4-2-9 requesting a waiver use approval to operate a farm
produce market on property located on the west half of Lot #6
and all of Lot #7 of Horton's Newburgh Subdivision located on
the north side of Ann Arbor Trail between Newburgh Road and
Horton Avenue in Section 31, the City Planning Commission does
hereby determine to grant an extension for a period of one
year, such approval to expire on June 20, 1973, for the follow-
ing reason:
(1) It is a logical interim use for the property prior to
the time it reaches its maximum commercial potential.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Kluver announced the next item on the agenda, Petition 72-3-5-1 by Jack B.
Anglin requesting to move stockpiled topsoil from property
located north of Six Mile Road, east of Wayne Road in the
Southwest 1/4 of Section 9 . (renewal)
On a motion duly made by Mr. Pinto, seconded by Mr. Tunis and unanimously
adopted it was,
#4-105-72 RESOLVED that, in conformance with Section 18.13D of Ordinance
No. 543, the Zoning Ordinance,-the City Planning Commission
111:' does hereby grant Petition 72-3-5-1 by Jack B. Anglin request-
ing to remove stockpiled topsoil from property located north
of Six Mile Road, east of Wayne Road in the Southwest 1/4 of
Section 9, subject to compliance with regulations of the
Engineering Division and Police Department, for a period of
six months for the following reasons :
(1) It is necessary to grant this petition so that the
topsoil stockpiled on this site can be removed.
FURTHER RESOLVED, that the applicant shall have deposited
with the City Clerk a corporate surety bond in an amount
not less than $5,000 and a cash bond in an amount not less
than $500 ; such bonds shall be for an indefinite period
until released and discharged by resolution of the City
Planning Commission; and further, that the applicant shall
apply for and obtain the permit herein authorized within
thirty (30) days from the date of this resolution.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Kluver announced the next item on the agenda, withdrawal from consideration
by the Planning Commission of that portion of the property covered
under Petition 71-11-1-70 by the City Planning Commission to rezone
property located on the north side of Plynuth Road, east of
Farmington Road in the Southwest 1/4 of Section 27, from M-1 to C-2.
4974
On a motion duly made by Mr. Talbot, seconded by Mx. pinto and unanimously
adopted it was,
#4-105a-72 RESOLVED that, the City Planning Commission does hereby
determine to remove this item from table.
On a motion duly made by Mr. Hand, seconded by Mr. Pinto and unanimously adopted
it was,
#4-109-72 RESOLVED that, pursuant to a Public Hearing having been held
on January 25, 1972 on Petition 71-11-1-70 as submitted by
the City Planning Commission on its own motion to rezone
certain properties located within Sections 25 through 30
so as to make the zoning compatible with the existing and/or
proposed land use within the industrial belt, the City Plan-
ning Commission does hereby determine to withdraw from
consideration the rezoning of that portion of property covered
under Petition 71-11-1-70, Item #11, located on the north
side of Plymouth Road, east of Farmington Road in the South-
west 1/4 of Section 27, from M-1 to C-2; that portion of
property being legally described as follows:
The North 320' of that part of the Southwest 1/4 of
Section 27, T. 1 S. , R. 9 E. , City of Livonia, Wayne
County, Michigan, described as beginning at a point
on the West Section line distant N. 0° 00' 39" E. 60'
from the Southwest corner of said Section 27 and pro-
ceeding thence N. 0° 00' 39" E along said line, 821.12'
thence S. 89° 13' 14" E. 1195.70' ; thence S. 0° 02 ' 31"
W. 821.11' ; thence N. 89° 13' 14" W. along the North
line of Plymouth Road 1195.25' to the point of beginning,
except the East 560' thereof; subject to the rights of
the public in the Farmington Road right-of-way as defined
by the City of Livonia Master Thoroughfare Plan.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Kluver announced the next item on the agenda, final plat approval for
Linden Wood Subdivision proposed to be located east of Newburgh
Road between Joy Road and Ann Arbor Trail in the Southwest 1/4
of Section 32.
#4-106-72 RESOLVED that, the City Planning Commission does hereby recommend
to the City Council that the final plat of Linden Wood Subdivision
located east of Newburgh Road between Joy Road and Ann Arbor
Trail in the Southwest 1/4 of Section 32, be approved for the
following reasons:
(1) It complies with the previously approved preliminary
plat.
(2) All the financial obligations imposed by the City of
Livonia have been complied with.
(3) The Engineering Division recommends approval.
4975
FURTHER RESOLVED; inasmuch as it appears on the records that
tentative approval of said proposed plat was given by the City
Planning Commission uder Resolution #12-144-70 adopted on
December 15, 1970 and it further appearing that said proposed
plat together with plans and specifications for improvements
herein have been approved by the Department of Public Works,
Engineering Division, under date of August 24, 1971; and it
further appearing that the financial assurances required in
Council Resolution #809-71 adopted on August 25, 1971 have
been filed with the City Clerk as confirmed by a letter dated
February 29, 1972 from Addison W. Bacon, City Clerk, it would
therefore appear that all the conditions necessary to release
of building permits have been met and the Building Department
is hereby so notified.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Kluver announced the next item on the agenda, Petition 72-1-1-4 by American
Oil Company requesting to rezone property located on the south-
west corner of Inkster Road and Schoolcraft Road in the Northeast
1/4 of Section 25, from M-1 to C-2.
On a motion duly made by Mr. Tunis, seconded by Mr. Kluver and unanimously
adopted it was,
IL #4-106a-72 RESOLVED that, the City Planning Commission hereby removes
this item from the table.
The Chairman declared the motion carried and the foregoing resolution adopted.
On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted
it was,
#4-107-72 RESOLVED that, pursuant to a Public Hearing having been held on
March 3, 1972 on Petition 72-1-1-4 as submitted by American Oil
Company, requesting to rezone property located on the southwest
corner of Inkster Road and Schoolcraft Road in the Northeast 1/4
of Section 25, from M-1 to C-2, the City Planning Commission does
hereby recommend to the City Council that Petition 72-1-1-4 be
denied for the following reasons :
(1) The proposed zoning change is in conflict with the City
Planning Commission's recommendations contained in
Resolution #1-19-72 approving a change of zoning to
the P.S. , Professional Service classification.
(2) A development of the intensity as permitted under C-2
zoning in this location could adversely affect the
stability of the adjacent development.
(3) The proposed zoning change would be detrimental to and
discourage the orderly and appropriate development of
the surrounding area.
4976
FURTHER RESOLVED that, notice of the above Public Hearing
was published in the official newspaper, the Livonia Observer,
under date of February 16, 1972 and a 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.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Kluver announced the next item on the agenda, Petition 71-11-2-34 by
Robert Peltz requesting to be granted a waiver use approval
for a landcape contractor's business proposed to be located
on property located on the south side of Schoolcraft between
Stark and Gill Roads in the Northeast 1/4 of Section 28.
On a motion duly made by Mr. Tunis , seconded by Mr. Merrion and unanimously
adopted it was,
#4-107a-72 RESOLVED that, the City Planning Commission does hereby
determine to remove this item from table.
The Chairman declared the motion carried and the foregoing resolution adopted.
On a motion duly made by Mr. Talbot, seconded by Mr. Merrion and unanimously
adopted it was,
##4-108-72 RESOLVED that, pursuant to a Public Hearing having been held
on December 7, 1971 on Petition 71-11-2-34 as submitted by
Robert Peltz, requesting to be granted a waiver use approval
for a landscape contractor's business proposed to be located
on the south side of Schoolcraft between Stark and Gill Roads
in the Northeast 1/4 of Section 28, the City Planning Commission
does hereby recommend to the City Council that Petition 71-11-2-34
be approved subject to the following conditions:
(1) That the revised Site Plan dated 2/3/72 shall be adhered to.
(2) That building elevations and specifications dated 2/3/72
shall be adhered to.
(3) That all landscaping as shown on the approved Site
Plan shall be installed before the issuance of a
Certificate of Occupancy.
for the following reasons:
(1) It complies to all of the requirements of Zoning Ordinance #543.
(2) The proposed use is compatible to the surrounding uses of
[00the area.
FURTHER RESOLVED, that notice of the above public 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 carried and the foregoing resolution adopted.
4977
1!: Mr. Kluver announced the next item on the agenda, Petition 71-10-7--11 by the
City Planning Commission to amend Part V of the Master Plan of the
City of Livonia, the Master School & Park Plan, so as to incorporate
immediately adjacent to Blue Grass Farms Subdivision in the South-
east 1/4 of Section 18.
On a motion duly made by Mr. Kluver, seconded by Mr. Tunis and unaninimously adopted
it was
#4-110-72 RESOLVED that, the City Planning Commission does hereby
determine to table this item.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Kluver announced the next item on the agenda, motion to withdraw Petition
71-8-1-54 by the City Planning Commission on its own motion to
rezone property located south of Eight Mile Road west of Shadyside
in the Northwest 1/4 of Section 3, from C-2 and R-3 to P.
On a motion duly made by Mr. Kluver, seconded by Mr. Merrion and unanimously
adopted it was
#4-111-72 RESOLVED that, pursuant to a Public Hearing having been held
on October 19, 1971 on Petition 71-8-1-54 as submitted by
the City Planning Commission on its own motion to rezone
property located south of Eight Mile Road west of Shadyside
in the Northwest 1/4 of Section 3, from C-2 and R-3 to P,
the City Planning Commission does hereby determine to with-
draw Petition 71-8-1-54.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Kluver announced the next item on the agenda, motion by the City Planning
Commission, pursuant to letter dated February 18, 1972 from C. R.
Charest, to hold a public hearing to determine whether or not to
rezone property located south of Eight Mile Road, west of Shady-
side in the Northwest 1/4 of Section 3, from C-2 & R-3 to M-1 & P.
On a motion duly made by Mr. Hand, seconded by Mr. Tunis and unanimously adopted
it was,
.#4'112-72 RESOLVED that, pursuant to Section 23.01 of Ordinance #543,
the Zoning Ordinance of the City of Livonia, the City Planning
Commission does hereby establish and order that a public hearing
be held to determine whether or not to rezone property located
south of Eight Mlle Road, west of Shadyside in the Northwest 1/4
of Section 3, from C-2 and R-3 to M-1 and. P.
FURTHER RESOLVED, that a hearing be held and notice be given as
provided in Section 23.05 of Ordinance #543, the Zoning Ordinance,
of the City of Livonia, as amended, and that there shall be a report
submitted and recommendation thereon to the City Council.
tij
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr, Kluver announced the next item on the agenda, motion by the City Planning
Commission to hold a public hearing to determine whether or not
to amend Article XXVIII of Ordinance #636, Flood Plain District
Regul4ti.ons ? SQ as to incorporate the U.S.Ismy Corp, of Engineers '
4978
flood plain information report.
On a motion duly made by Mr. Pinto, seconded by Mr. Merrion and unanimously adopted
it was,
##4-113-72 RESOLVED that, pursuant to Section 23.01 of Ordinance #543, the
Zoning Ordinance of the City of Livonia, the City Planning
Commission does hereby establish and order that a public hearing
be held to determine whether or not to amend Article XXVIII of
Ordinance #636, Flood Plain District Regulations, so as to in-
corporate the U. S. Army Corp of Engineers ' flood plain information
report.
FURTHER RESOLVED, that a hearing be held and notice be givenas
provided in Section 23.05 of Ordinance #543, the Zoning Ordinance,
of the City of Livonia, as amended, and that there shall be a
report submitted and recommendation thereon to the City Council.
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Kluver announced the next item on the agenda, motion by the City Planning
Commission to hold a public hearing to determine whether or not to
amend Section 17.02 of Ordinance #543, the Zoning Ordinance, to
delete retail sales of new furniture when such use is accessory
to a furniture warehouse establishment from permitted uses in the
M-2 District Regulations.
On a motion duly made by Mr. Pinto, seconded by Mr. Hand and unanimously adopted
it was,
#f4-114-72 RESOLVED that, pursuant to Section 23.01 of Ordinance #543, the
Zoning Ordinance of the City of Livonia, the City Planning
Commission does hereby establish and order that a public
hearing be held to determine whether or not to amend Section 17.02
of Ordinance #543, the Zoning Ordinance, to delete retail sales
of new furniture when such use is accessory to a furniture
warehouse establishment from permitted uses in the M-2 District
Regulations.
FURTHER RESOLVED that, a hearing be held and notice be given
as provided in Section 23.05 of Ordinance 44543, the Zoning
Ordinance of the City of Livonia, as amended, and that there
shall be a report submitted and recommendation thereon to the
City Council.
The Chairman declared the public hearing closed and the foregoing resolution adopted.
Mr;. Kluver announced the next item on the agenda, approval of the minutes of
the meeting held by the Planning Commission on February 22, 1972.
L,
#4-115-72 RESOLVED that, the minutes of the meeting held by the City
Planning Commission on February 22, 1972 are approved.
A roll call vote resulted in the following:
AYES: Falk, Merrion, Pinto, Talbot, Hand, Andrew
ABSTAIN:Tunis
ABSENT: Taylor
4979
The Chairman declared the motion carried and the foregoing resolution adopted.
Mr. Kluver announced the next item on the agenda, approval of the minutes of
the meeting held by the Planning Commission on March 7, 1972.
On a motion duly made by Mr. Hand, seconded by Mr. Kluver and adopted it was,
#4-116-72 RESOLVED that, the minutes of the meeting held by the City
Planning Commission on March 7, 1972 are approved.
A roll call vote resulted in the following:
AYES: Hand, Tunis, Talbot, Kluver, Andrew
ABSTAIN: Pinto, Talbot
ABSENT: Taylor
The Chairman declared the motion carried and the foregoing resolution adopted.
On a motion duly made, seconded and unanimously adopted the 240th Regular
Meeting of the City Planning Commission was adjourned at approximately 12:15 a.m.
CITY PLANNING COMMISSION
i /
11: / ti.e1 A ,d.c.a...
erman H. Kluver, Secretary
ATTESTED:
eze/tr______
G
Daniel •'. Andrew, Chairman
r
i