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HomeMy WebLinkAboutPLANNING MINUTES 1972-10-24 5140 - MINUTES OF THE 247th REGULAR -----_._--- MEETING AND A PUBLIC HEARING li'; . HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, October 24, 1972 the City Planning Commission of the City of Livonia held its 247th 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 and Regular meeting to order at 8:05 p.m. with approximately sixty interested persons in the audience. Members present: Daniel R. Andrew Joseph J. Talbot Charles Pinto Francis M. Hand Suzanne Taylor Joseph J. Falk Herman H. Kluver Esther Friedrichs Members absent: David F. Merrion (California, Company Business) Messrs. John J. Nagy, Planning Director; Ralph H. Bakewell, Planner IV; H.G. Shane, Planner IV; and Robert M. Feinberg, Assistant City Attorney were also present. Mr. Andrew informed the audience that if a petition on the evening's agenda involved a question of rezoning or vacating then the Planning Commission would only recommend to the City Council that certain action be taken whereupon the Council would ultimately decide whether or not to approve or deny the petition. Further if a petition involved a waiver of use approval that is denied, the petitioner had ten ..days in which to appeal the decision to the Council. Mr. Andrew also advised the audience that Petition 72-9-1-43 by Brashear, Brashear and Duggan, Attorneys for Diversified Investment Company would not be heard because an amended petition had been filed which requires that this item be re-advertised and another public hearing will be scheduled for November 28, 1972. Mr. Kluver, Secretary announced the first item on the agenda, Petition 72-7-3-7 by Hinks, Knight & Putnam for Manufacturers National Bank of Detroit requesting to vacate a portion of Old Schoolcraft Road • between Eckles Road and Schoolcraft Road in the Southwest 1/4 of Section 19. • Mr. Barth, Realtor representing the Centri-Spray Corporation, was present and stated they were in favor of the vacating and felt this was a wise improvement to the area. Mr. Falk asked the size of the area involved. Mr. Andrew advised him it was 66 feet x 600 feet. file Mr. Falk stated that if the land was vacated it would then be very valuable to the Centri-Spray Corporation and felt that the City should gain some money. Mr. Hand stated he felt an easement should be retained. Mr. Hand asked Mr. Nagy whether he felt this would suffice. • 5141 Mr. Nagy stated he thought it necessary to maintain a 66 ft. easement. i '410 Mr. Andrew asked Mr. Feinberg what benefits would be derived if it was vacated. Mr. Feinberg stated that the normal procedure'in the past has been to divide it amongst each abutting property and tax them and it appeared to him that this would be the case here. Mr. Richard Hinks, representing Manufacturers National Bank of Detroit was present and stated they had only asked to vacate the northerly 33 ft. They want to vacate in order that this area may be improved and used. Mr. Hand asked whether they would install a permanent structure. Mr. Hinks stated they would be utilizing it for off-street parking. Mr. Hand asked why the property could not be bought first from the City and then attached to their existing property? Mr. Barth stated that his client in question enjoy the use of the property now, all they cannot do is fence it. His client has a roadway there now and if for some reason or another the decision is to make a charge for this parcel, then his client would not be interested. Mr. Thomas of Jay Tool was present and stated he felt this parcel should be vacated. There was no one else present wishing to be heard and the Chairman declared It: the public hearing closed. On a motion duly made by Mr. Talbot, seconded by Mr. Pinto and adopted it was, #10-268-72 RESOLVED that, pursuant to a public hearing having been held on October 24, 1972, as submitted by Hinks, Knight & Putnam for Manufacturers.. National Bank of Detroit requesting to vacate a portion of Old Schoolcraft Road located between Eckles Road and Schoolcraft in the Southwest 1/4 of Section 19, the City Planning Commission does hereby determine to table this item to the November 28 meeting. A roll call vote" resulted in the following: AYES: Friedrichs, Pinto, Talbot, Taylor, Hand NAYS: Falk, Kluver, Andrew ABSENT: Merrion The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-8-3-8 by the City Planning Commission, pursuant to Council Resolution #689-72, requesting to vacate that portion of Hubbard Road located south of Orangelawn between Fairfield and Cranston in the North 1/2 of Section 34. There was no one present wishing to be heard on this petition and no comments were made by any member of the Commission. The Chairman therefore, declared the public hearing on this item closed. 1 c . 5142 • 1[10 On a motion duly-made--by--Mr- Hand,-seconded by Mr. Pinto and unanimously adopted it was, #10-269-72 RESOLVED that, pursuant to a public hearing having been held on October 24, 1972 on Petition 72-8-3-8 by the City Planning Commission, pursuant to Council Resolution #689-72, requesting to vacate that portion of Hubbard Road located south of Orangelawn between Fairfield and Cranston in. the North 1/2 of Section 34, the City Planning Commission does hereby recommend to the City Council that Petition 72-8-3-8 be approved for the following reasons: (1) There is no need to retain the half-mile thoroughfare .in. this-area-. ------ -_ (2) Through traffic separating the school facility from its adjacent playground causes a traffic hazard to the school children making use of the facilities. (3) The Livonia Engineering Division, Fire Department and Police Department recommend approval. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of October 4, 1972 and notice of such hearing was sent to the Detroit Edison Company, Michigan Bell Telephone Company, Chesapeake & Ohio Railway Company, Consumers Power - Company, City Departments and petitioner as listed in the Proof of Service. Mr. Andrea, Chairman, declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-8-3-9 by the City Planning Commission, pursuant to Council Resolution #690-72, requesting to vacate those portions of Shadyside and Westmore Avenues located east of Farmington Road between Van Court and Orangelawn in the Northwest 1/4 of Section 34. Therewasno one present in the audience wishing to be heard and no comments • were made by any member of the Commission. On a motion duly made by Mr. Kluver, seconded by Mr. Falk and unanimously adopted it was, #10-270-72 RESOLVED that, pursuant to a public hearing having been held on October 24, 1972 on Petition 72-8-3-9 by the City Planning Commission, pursuant to Council Resolution #690-72, requesting to vacate those portions of Shadyside and Westmore Avenues located east of Farmington Road between Van Court and Orangelawn in the Northwest 1/4 of Section 34, 1 the City Planning Commission does hereby recommend to the • City Council that Petition 72-8-3-9 be approved for the IL: following reasons: • (1) There is no need to retain or maintain these through roads through this area as the abutting lands have been purchased for park purposes. 5143 (2). The former road right-of--way can better be utilized for playfield facilities. (3) Vehicular traffic through park lands cause a hazard to I the safety of the playground uses. (4) The City Engineering Division and the Parks & Recreation Commission recommend approval. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of October 4, 1972 and notice of such hearing was sent to the Detroit Edison Company, Michigan Bell Telephone Company, Chesapeake & Ohio Railway Company, Consumers power -----Company, City Departments and petitioner as listed in the Proof of Service. Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-8-3-10 by the = - City Planning Commission, pursuant to Council Resolution #691-72, requesting to vacate an easement located on the east side of Danzig between Joy Road and Dover in the Southest 1/4 of Section 35. Mr. A,McDonald was present and stated he was in favor of the easement being vacated. He was interested in knowing why it was being vacated. Mr. -Andrew stated that the Engineering Department had advised this was not the proper location for the storm sewer. Mr. McDonald stated the other reason was that the sewer would have been running right through his house. There was no one present in the audience wishing to be heard on this petition and the Chairman declared the public hearing closed on this item. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was #10-271-72 RESOLVED that, pursuant to a publie hearing having been held on October 24, 1972 on Petition 72-8-3-10 as submitted by the City Planning Commission, pursuant to Council Resolution #691-72, requesting to vacate an easement located on the east side of Danzig between Joy Road and Dover in the Southeast 1/4 of Section 35, the City Planning Commission does hereby • recommend to the City Council that Petition 72-8-3-10 be approved for the following reasons : (1) There is no need to retain the easement in this area as an alternate easement has been acquired to more adequately provide for the underground sewer. (2) The EngineeringDivision recommends approval of this petition. • 1 5144 FURTHER RESOLVED, that notice of the above hearing was published in the official newspaper, the Livonia Observer, under date of October 4, 1972 and notice of such hearing was sent to the Detroit Edison Company, Michigan Bell Telephone Company, Chesapeake & Ohio Railway Company, Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. Mr. Andrew, Chairman, declared the public hearing closed and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-8-2-27 by Kleenwash of Livonia, Inc.requesting to be granted a waiver use approval to install gasoline pumping equipment and underground gasoline storage tanks on the existing car wash facility site located on the north side of Plymouth Road between Stark and Farmington Roads in the Southwest 1/4 of Section 28. Mr. Andrew advised the audience that the Commission had been informed by telephone that the petitioner wished to withdraw this petition because of the fact that it is inconflict with the present zoning and suggested that a tabling motion be in order until a new petition is received. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was, #10-272-72 RESOLVED that, pursuant to a telephone call made by the . -petitioner, Kleenwash of Livonia, Inc. advising the Commission of their desire to withdraw Petition 72-8-2-27, the City Planning Commission does hereby determine to table this item until such time as a new petition is received to rezone this property. Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-9-2-28 by C.R. Lendrum requesting to be granted a waiver use approval to increase the seating capacity of the existing restaurant located on the north side of Six Mile Road, west of Middlebelt Road in the Southeast 1/4 of Section 11. The Engineering Department advises that there are very serious drainage problems in the area of this restaurant. A representative of Tokyo Restaurant, was present and stated that they want to expand in order to accommodate more clientele in that they draw many people with the introduction of Japanese food to their menu. She also advised the Commission that they would be willing to do anything the Commission would suggest to accomplish this end. Mr. Andrew advised her that the wood and frame construction was in violation of building codes and suggested that they contact the building board of appeals / for relief and they re-petition the Commission. There was no one else present wishing to be heard and the Chairman declared the public hearing on this item closed. 5145 On a motion duly made by Mr. Hand, seconded by Mrs. Taylor and unanimously adopted it was, #10-273-72 RESOLVED that, pursuant to a public hearing having been held on October 24, 1972, as submitted by C. R. Lendrum requesting to be granted a waiver use approval to increase the seating capacity of the existing restaurant located on the north side of Six Mile Road, west of Middlebelt Road in the South- east 1/4 of Section 11, the City Planning Commission does hereby determine to table this item. Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-10-2-30 by William B. Mills requesting to be granted a waiver use approval to operate a fire repair business on property located on the south side of Schoolcraft Road between Stark and Newburgh in the North 1/2 of Section 28. There was no one present wishing to be heard on this item and the Chairman declared the public hearing closed on Petition 72-10-2-30. On a motion duly made by Mr. Hand, seconded by Mr. Pinto and unanimously adopted it was, #10-277-72 RESOLVED that, pursuant to a public hearing having been held on October 24, 1972 on Petition 72-10-2-30 by William B. IL; Mills requesting to be granted a waiver use approval to operate a fire repair business on property located on the south side of Schoolcraft Road between Stark and Newburgh in the North 1/2 of Section 28, the City Planning Commission does hereby recommend to the City Council that Petition 72-10-2-30 be approved for the following reasons : (1) The proposed use is compatible to and in harmony with the surrounding uses of the area. (2) All of the requirements and waiver use standards of Zoning Ordinance #543 have been complied with. with the following conditions of approval: (1) That Site Plan, revised date, 9/13/72, which is hereby approved shall be adhered to. (2) That Building Elevation Plan, revised date 9/17/72 (Sheet #6) which is hereby approved shall be adhered to. (3) That all landscaping as shown on the approved Site Plan shall be installed before issuance of a Certificate of Occupancy unless granted an additional time by this Commission. • 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. 5146 Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Kluwer announced the next item on the agenda, Petition 72-9-1-42 by Charest, Clancy & Katulski for Harold L. Thomas, requesting to rezone property located on the southeast corner of Five Mile Road and Beatrice in the Northeast 1/4 of Section 23, from RUFA to C-2. Mr. Andrew, Chairman, passed the gavel to Mr. Hand at this time, and excused himself from voting because Thomas Nurseries is the landscape contractor used by his employer for their landscape work. Mr. Charest was present and stated that his client purchased lot #80 and intended to use the lot in. conjunction with his landscaping office and also use the residence as an office. Mr. William McDonald, 29610 Hay was present and stated that he did not feel this was the right and proper use for this parcel. He felt the value of the surrounding residential property would go down. Mr. Hawk, 29664 Hay was present and stated he was against the petition. Mrs. Braithwaite,a resident of Hay Avenue was present and stated she was against the rezoning. 11110 Mr. Pinto asked Mr. Nagy whether nursery stock can be grown in an RUF zoning district. Mr. Nagy stated that the raising of nursery stock is allowed under RUF zoning. Mr. Charest asked whether it could also be used as a retail sales office. Mr. Nagy stated it could not. Mr. Charest advised that his client needed office space as well as space for growing stock. Mrs. Friedrichs asked Mr. (barest whether P.S. would be adequate. Mr. (barest stated that you could not sell out of a P.S. zoning and that was why they were requesting a C-2. Mrs. Taylor asked whether C-1 allowed sales. Mr. Nagy stated it did. Mr. Pinto asked whether it was necessary to have the entire parcel zoned C-2. Mr. Charest stated it was. Ica Mrs.Braithwaite9tated the two lots across the street from her were being used as a dumping ground. 5147 Mr. Schollack, 29661 Hay, wanted to know whether they would park there. Mr. land stated they probably would. Mr. Schollack stated he was against the rezoning. There was no one else present wishing to be heard and the Vice-Chairman declared the public hearing on this item closed. On a motion duly made by Mr. Kluver, seconded by Mr. Talbot and adopted it was, #10-274-72 RESOLVED that, pursuant to a public hearing having been held on October 24, 1972 on Petition 72-9-1-42 as submitted by Charest Clancy and Katulski for Harold L. Thomas requesting to rezone property located on the southeast corner of Five Mile Road and Beatrice in the Northeast 1/4 of Section 23, from RUFA to C-2, the City Planning Commission does hereby recommend to the City Council that Petition 72-9-1-42 be denied for the following reasons: (1) There is no need to expand commercial zoning westerly to and fronting along a residential street as a significant portionof the already zoned C-2 land is presently either vacant or used for residential purposes. (2) Nursery stock can be grown and raised in an RUF zoning district. (3) The proposed zoning change would be detrimental to and would adversely affect the stability of the adjacent residential neighborhood. (4) The proposed zoning change would be detrimental to the appropriate development of the surrounding area. (5) The proposed zoning change would tend to encourage the use of a residential street for commercial traffic. (6) The area of Thomas Nursery presently zoned commercial is more than adequate for the retail sales and office use of the nursery business. FURTHER RESOLVED that, notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of October 4 , 1972 and a notice of such hearing was sent to the Detroit Edison Company, Chesapeake & Ohio Railway Company, and City Departments as listed in the Proof of Service. A roll call vote resulted in the following: AYES: Friedrichs, Pinto, Talbot, Taylor, Hand, Kluver NAYS; Falk ABSTAIN: Andrew The Vice-Chairman declared the motion carried and the foregoing resolution adopted. 5148 The Vice-.Chairman passed the gavel to Mr. Andrew who subsequently resumed the chairmanship duties. Mr. Kluver announced the next item on the agenda, Petition 72-9-1-44 by Charest, Clancy & Katulski for Alexander and Carolina Slabey requesting to rezone property located on the north side of Schoolcraft Road between Brookfield and Hubbard in the South- west 1/4 of Section 22, from RUF to C-1. Mr. Charest was present and felt that this was desirable location for C-1 zoning as he felt it would never be developed RUF because of the proposed freeway presently under construction. Mr. Andrew asked whether Mr. Charest's client would be agreeable to a P.S. zoning. • Mr. Charest stated he felt that his client would accede to that classification. Ronald Bukowski, 32465 Scone,stated that he would not mind a P.S zoning but would not be agreeable to a C-1 classification. Mr. Kleabir, 32531 Scone, stated that he objected to a commercial zoning but would be agreeable to a P.S. classification. Bobby Oswalt, 33110 Scone, and President of Kimberley Oaks Civic Association brought up before the general meeting and it was unanimously agreed that the Kimberley Oaks Civic Association was against a commercial zoning this area. 110; There was no one else present wishing to be heard on this petition and the Chairman declared the item closed. On a motion duly made by Mr. Pinto, seconded by Mr. Falk and unanimously adopted, it was #10-275-72 RESOLVED that, pursuant to a public hearing having been held on October 24, 1972 on Petition 72-9-1-44 by Charest, Clancy and Katulski for Alexander and Carolina Slabey requesting to rezone property located on the north side of Schoolcraft Road between Brookfield and Hubbard in the Southwest 1/4 of Section 22, from RUF to C-1, the City Planning Commission does hereby recommend to the City Council that Petition 72-9-1-44 be approved as orally amended by the Petitioner to the P.S. classification for the following reasons: (1) The permitted uses of the Professional Service classification will be compatible to surrounding uses of the area. (2) Professional service development will create a buffer zone separating the residential neighborhood to the north from the affects of the Schoolcraft corridor. (3) The proposed Professional Service zoning is consistent with the Planning Commission's recommendations for land • use fronting along the north right-of-way line of Schoolcraft service drive. FURTHER RESOLVED, that notice of the above public hearing was • published in the official newspaper, the Livonia Observer under date of 11/4/72 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. 5149 • FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer under date of October 4, 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. Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. (barest advised the Commission that he would file a letter with the Commission amending the petition to the P.S. classification. The Chairman declared a brief recess. * * * * * * * * * * * The meeting was resumed with the same members of the Commission present as Frere present for the public hearing. 1 ., Kluver announced the next item on the agenda, Petition 72-5-2-13 by Stanley E. Hayes , Inc., requesting to be granted a waiver use approval to lease tractors, trucks and U-Haul trailers on property located on the west side of Middlebelt Road between Five Mile Road and Lyndon in the Northeast 1/4 of Section 23. On a motion duly made by Mrs. Taylor, seconded by Mr. Hand and unanimously to' adopted it was, #10-277-72 RESOLVED that, pursuant to a public hearing having been held on July 18, 1972 on Petition 72-5-2-13 by Stanley E. Hayes, Inc. , requesting to he granted a waiver use approval to lease tractors, trucks and U-haul trailers on property located on the west side of Middlebelt Road between Five Mile Road and Lyndon in the Northeast 1/4 of Section 23, the City Planning Commission does hereby recommend to the City Council that Petition 72-5-2-13 be denied for the following reasons: (1) The proposed use does not meet the requirements of Zoning Ordinance #543, as amended, the waiver use standards for rental of utility trailers. (2) The proposed use is in conflict with Section 18.08 Lot Limitation, in that more than one principal building And use is being, and has been, established on this parcel. (3) The proposed use will only add to the already existing site congestion and conflicting uses and will not improve the overall site layout as, with the exception of surfacing nothing is being done to physically improve the area to accommodate the new uses. (4) The proposed use violates the provisions of the Master Thoroughfare Plan in that the proposed use is located thirty-three feet from the centerline of Middlebelt Road and the planned right-of-way width of Middlebelt is sixty- feet in each direction from the centerline. 5150 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. Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Alan Schmeir, Attorney was advised that he had ten days to appeal the decision to the City Council. Mr. Kluver announced the next item on the agenda, Petition 72-7-2-22 by Robert Saks Mechigian requesting to be granted a waiver use approval to construct and operate a new and used car.. lot and showroom, including repair and service facilities to be located on the south side of Seven Mile Road between Melvin and Middlebelt in the Northeast 1/4 of Section 11. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was, #10-278-72 RESOLVED that, pursuant to a public hearing having been held on August 15, 1972 on Petition 72-7-2-22 as submitted by Robert Saks Mechigian requesting to be granted a waiver use approval to construct and operate a new and used car lot and showroom, including repair and service facilities to be located on the south side of Seven Mile Road between Melvin and Middlebelt in the Northeast 1/4 of Section 11, the City - Planning Commission does hereby determine to table this item. Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Bond Release for Petition 72-3-5-1 by Jack Anglin for removal of stockpiled topsoil from property located at Six Mile and Wayne Road in Section 9. On a motion duly made by Mr. Hand, seconded by Mr. Talbot and unanimously adopted it was , #10-279-72 RESOLVED that, pursuant to the report and recommendation of the Bureau of Inspection dated October 12, 1972 the City • Planning Commission does herein authorize the release of bond in the amount of $5,000, filed by American Employers' Insurance Company for Jack B. Anglin, 42750 Grand River, Novi, Michigan, and the cash bond of $500, Receipt #11952, posted in connection with topsoil removal operations performed under Permit No. 124 and 121, issued to Jack B. Anglin; it appearing from the above report that all ordinances, rules and regulations have been complied with and the City Clerk is herein authorized to all things necessary to the full. performance of this resolution. Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Petition 72-6-3-4 by Rodney • C. Kropf, Attorney for Chester Koppy, requesting to vacate property located between Clarita Avenue and Curtis Avenue east of Loveland Avenue in the Northwest 1/4 of Section 10. • Mr. Andrew asked the Commission if they would object to several members of the 5151 audience speaking on this petition. Mr. Hand objected in that the property owners were given many opportunities at previous study meetings to speak and the Chairman • ruled that nobody from the audience would be allowed to speak on the matter. On a motion duly made by Mr. Hand, seconded by Mr. Falk and adopted it was, #10-280-72 RESOLVED that, pursuant to a public hearing having been held on ;August 15, 1972 on Petition 72-6-3-4 as submitted by Rodney C. Kropf, Attorney for Chester Koppy, requesting to vacate property located between Clarita Avenue and Curtis Avenue east of Loveland Avenue in the Northwest 1/4 of Section 10, the City Council that ' Petition 72-6-3-4 be approved for the following reasons: (1) There is no need to retain the planned right-of-Tway alleys and easements as provided in the Argyle Park Subdivision as they provide for an impractical means to the actual develop- ment of the land for residential purposes. (2) Additional right-of-way to make Brookfield Avenue a full width street of 60 feet cannot be provided from the adjacent park lands located to the east which were acquired by matching funds from the Federal government. (3) There is no need to implement alleys within modern residential subdivisions. (4) The land developer has demonstrated to the satisfaction of the • Planning Commission a more advantageious way to develop these lands previously platted as Argyle Park Subdivision. . (5) The above is subject to the retention of a full width easement on Mayfield Avenue for underground storm sewer purposes. (6) The majority of the property owners abutting Mayfield Avenue on the west were opposed to improving Mayfield in its present location. FURTHER RESOLVED, that notice of the above public hearing was published in the official newspaper, the Livonia Observer, under date of July 26, 1972 and notice of such hearing was sent to the Detroit Edison Company, Michigan Bell Telephone Company, Chesapeake & Ohio Railway Company, . Consumers Power Company, City Departments and petitioner as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Falk, Friedrichs, Pinto, Talbot, Taylor, Hand, Andrew NAYS: Kluver ABSENT: Merrion The Chairman declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda Petition 72-8-2-25 by Rev. Herbert Noe, Galilean Baptist Church, requesting to be granted a waiver use approval to erect a bus garage and a modular classroom building on the church property located at the southeast corner of Seven Mlle Road • and Maplewood in the Northwest 1/4 of Section 12. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was, 5152 #10-281-72 RESOLVED that, pursuant to a public hearing having been held on September 5, 1972 on Petition 72-C-2-25 as submitted by Rev. Herbert Noe, Galilean Baptist Church, requesting to be 1[120 granted a waiver use approval to erect a bus garage and a modular classroom building on the Church property located at the Southeast corner of Seven Mile Road and Maplewood in the Northwest 1/4 of Section 12, the City Planning Commission does hereby determine to table this petition to the November 14, 1972 to provide the petitioner with additional time necessary to complete his plans. Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, Council Resolution #782-72 requesting a report and recommendation from the City Planning Commission regarding an offer from John Gallombardo to sell the City Lot #234 of Rosedale Gardens Subdivision #1 for $5,200.00. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted it was, - #10-282-72 RESOLVED that, pursuant to Council Resolution #782-72 requesting a report and recommendation from the City Planning Commission with respect to the acquisition of Lot No. 234 of Rosedale Gardens Subdivision No. 1, the City Planning Commission does hereby recommend to the City Council that this property be acquired for purposes of beautification and open space which is consistent with the Plymouth Road Parking Plan, and that with the acquisition of Lot No. 234, this land area would be removed from possible future development purposes thereby lessening the need for additional off-street parking to be provided in this area; and further that the Planning Commission makes no recommendation as to the proposed acquisition cost. Mr. Kluver announced the next item on the agenda, Six Year Capital Improvement Program, 1973-78. On a motion duly made by Mr. Pinto, seconded by Mr. Talbot and unanimously adopted it was, #10-283-72 RESOLVED that, the City of Livonia Planning Commission hereby authorizes the Planning Department to transmit the document titled "Capital Improvement Program, City of Livonia, 1973-78 to the Mayor and Council as a preliminary document in the launching of a more complete program of fiscal planning for the City of Livonia, and FURTHER RESOLVED, that the City Planning Commission stands ready to do all things necessary to cooperate with the Mayor and Council in making a functioning Program of Capital �v► Improvements and Capital Budgeting a reality for the City of Livonia. 110, Mx. Andrew declared the motion carried and the foregoing resolution adopted. 5153 Mr. Kluver announced the next item on the agenda7 motion by the City Planning Commission, pursuant to Council Resolution t #684.-72,. to hold a public hearing to determine whether or not to amend Ordinance #543, the Zoning Ordinance of the City of Livonia, so as to provide that delicatessens and/or carry- out restaurants shall be permitted only as a waiver use in C-2 districts in lieu of being a permitted use in C-1 districts. On a motion duly made by Mr. Kluver, seconded by Mr. Hand and unanimously adopted it was, • #10-284-72 RESOLVED that, the City Planning Commission, pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, does hereby establish and order that a public hearing be held in the City Hall of the City • of Livonia to determine whether or not to amend SEction 11.03, Waiver Uses, of Ordinance #543 so as to provide that delicatessens and/or carry-out restaurants shall be permitted as waiver uses in C-2 Districts. 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 Liovnia, as amended, and that there shall be a report subaitted and recommendation thereon to the City Council. ti Mr. Andrew 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 vacate surplus right-of-way located ajdacent to Wayne Road on the east between Six Mile Road and Curtis in SEction 9, and an easement line covering approximately the same area as the right- of-way of Wayne Road lying north of Six Mile Road to Curtis in Sections 8 and 9. On a motion duly made by Mr. Pinto, seconded by Mr. Kluver and unanimously adopted it was, #10-285-72 RESOLVED that, pursuant to Ordinance No. 29, as amended by Ordinance No. 50, the City Planning Commission does hereby established and order that a public hearing be held in the - City Hall of the City of Livonia to determine whether or not to vacate surplus right-of-way located adjacent to Wayne Road on the east between Six Mile Road and Curtis in Section 9, and an easement line covering approximately the same area as the right-of way of Wayne Road lying north of Six Mile Road to Curtis in Sections 8 and 9. FURTHER RESOLVED that, a hearing be held and notice be given as provided in Section 23.05 of Ordinance #543, the Zoning ILOrdinance of the City of Livonia, as amended, and that there IL shall be a -report submitted and recommendation thereon to the City Council. Mr. Andrew declared the motion carried and the foregoing resolution adopted. • Mr. Kluver announced the next item on the agenda, motion by the City Planning 5154 Commission on its own motion pursuant to Section 23.01 of Ordinance #543, the Zoning Ordinance of the City of Livonia to hold a public hearing to determine whether or not to rezone lands located on the south side of Eight Mile Road from Middlebelt Road west to Osmus Avenue in the North 1/2 of Section 2 and the Northeast 1/4 of Section 3, from M-1 to M-L. On a motion duly made by Mr. Kluver, seconded by Mrs. Taylor and unanimously adopted it was #10-286-72 . RESOLVED that, pursuant to Section 23.01 of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, as amended, the City Planning Commission does hereby establish and order that a public hearing be held to determine whether or not to rezone property located on the south side of Eight Mile Road from Middlebelt Road west to Osmus Avenue in the North 1/2 of Section 2 and the Northeast 1/4 of Section 3, from M-1 to M-L. 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. Mr. Andrew 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 L to amend Part I of the Master Plan of the City of Livonia, the Master Thoroughfare Plan, so as to extend Tie E/W street of Glendale Avenue (60 feet in width) from Merriman Road and running westerly for a distance of approximately 2450 feet, in the North 1/2 of Section 27. On a motion duly made by Mr. Kluver, seconded by Mrs. Taylor and unanimously adopted it was, #10-287-72 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, 1931, as amended, the City Planning Commission does hereby establish and order that a public hearing be held in the City Hall of the City of Livonia, to determine whether or not to amend Part I of the Master Plan of the City of Livonia, the Master Thoroughfare Plan, so as to extend the E/W street of Glendale Avenue (60 feet in width) from Merriman Road and running westerly for a distance of approximately 2450 feet, in the North 1/2 of Section 27. FURTHER RESOLVED that, notice of time and place of said public hearing shall be published in a newspaper of general circulation in the City of Livonia and a notice by registered United States mail shall be sent to each public utility or 444 railroad company owning or operating any public utility or railroad within the City of Livonia in accordance with the provisions of Act 285 of the Public Acts of Michigan of 1931, li; as amended. Mr. Andrew declared the motion carried and the foregoing resolution adopted. 5155 IL Mr. Kluver announced the next item on the agenda, Petition 72-9-8-28P by Charles J. Teichner requesting approval of all plans required by Section 18.58 of Ordinance #543, as amended by Ordinance #988, submitted in connection with the construction of retail stores proposed to be located on the north side of Joy Road, west of Newburgh in Section 31. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and adopted it was, • RESOLVED that, pursuant to Section 18.58 of Ordinance #543, the Zoning Ordinance of the City Livonia, as amended by Ordinance #988, the City Planning Commission does hereby table Petition 72-9-8-28P by Charles J. Teichner requesting approval of all plans required by Section 18.58 submitted in connection with the construction of retail stores proposed to be located on the north side of Joy Road, west of Newburgh in Section 31 until the October 31, 1972 study meeting. A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Hand, Kluver, Andrew NAYS: Falk, Pinto, Talbot, Taylor ABSENT: Merrion I. Mr. Andrew declared the motion fails for lack of support and a new motion is in order. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and adopted it was, #10-266-72 RESOLVED that, pursuant to Section 18.58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #988, the City Planning Commission does hereby table Petition 72-9-8-28P by Charles J. Teichner requesting approval of all plans required by Section 18.58 submitted in connection with the construction of retail stores proposed to be located on the north side of Joy Road, west of Newburgh in Section 31 until the October 31, 1972 study meeting. A roll call vote on the foregoing resolution resulted in the following: AYES: Friedrichs, Hand, Falk, Pinto, Talbot, Kluver NAYS: Taylor, Andrew ABSENT: Merrion Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mx. Kluver announced the next ethe Petition lO-8-35P by Lindhout Associatesrequestig approval of all plans required by Section 18.58 of Ordinance #543, as amended by Ordinance #988, submitted in connection with the proposed construction of a medical office to be located on the east side of Oak Drive between Five Mile Road and Puritan in Section 13. • On a motion duly made by Mr. Hand, seconded by Mrs. Friedrichs and unanimously adopted it was, 5156 ILF #1026.7-72 . RESOLVED that, pursuant to Section 18,58 of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended by Ordinance #988, the City Planning Commission does hereby approve Petition 720-8-35P by Lindhout Associates re- questing approval of a site plan submitted in connection I with the construction of a medical office proposed to be located on the east side of Oak Drive between Five Mile Road and Puritan in Section 13, subject to the following conditions: • (1) That Site Plan #7222, Sheet No. 1, dated October 16, 1972 shall be adhered to. (2) That the landscaping as shown on the approved Site Plan shall be adhered to and installed before issuance of a Certificate of Occupancy. (3) This approval is based on the granting by the Zoning Board of Appeals of a twenty-eight foot (28') variance on the front yard setback. Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mr. Kluver announced the next item on the agenda, approval of the minutes of the special meeting held by the City Planning Commission on September 19, 1972. On a motion duly made by Mr. Hand, seconded by Mr. Kluver and unanimously adopted, it was #10-288-72 RESOLVED that, the minutes of the meeting held by the City Planning Commission on September 19, 1972 are approved. 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 City Planning Commission on October 3, 1972. On a motion duly made by Mr. Pinto, seconded by Mr. Falk and unanimously adopted, . it was #10-289-72 RESOLVED that, the minutes of the meeting held by the City Planning Commission on October 3, 1972 are approved. Mr. Andrew declared the motion carried and the foregoing resolution adopted. Mrs. Friedrichs made a motion to reconsider Petition 72-7-1-36 and it was seconded by Mr. Hand. Mr. Andrew ruled the motion out of order. Mr. Pinto left the chair at 11:10 and did not vote. A motion to rescind Petition 72-7-1-36 nasf o made by r by Mr.the andrd and seconded by Mr. Kluver. It was subsequently ruled out t • j 1 I 5157 On a motion duly made,, seconded and unanimously adopted the 247th Regular t. Meeting of the City Planning Commission was adjourned at 11:20 p.m. CITY PLANNING COMMISSION // 1'. w • ♦ r • Herman H. Kluver, Secretary ATTEST: Vd9r./eleZi- Vanie l, ew, Chairman f • • . s