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HomeMy WebLinkAboutPLANNING MINUTES 1954-06-22 • sAt f77 MINUTES OF THE FIFTY-THIRD SPECIAL MEETING OF THE CITY PLANNING COMMISSION The 53rd Special Meeting of the City Planning Commission was held on Tuesday, June 22, 1954 at the Court House, Livonia, Michigan Chairman Dallas F. Hay called the special meeting to order at approximately 8:20 p.m. Members present: Robert Greene H. Paul Harsna Karle Steinnorf Peter Ventura William Robinson Edwin Conway Dallas F. Hay Adelaide Nielsen Rutino Salinas Members absent: None Mr. Hugh Wood, Jr., Chief Inspector; Mr. Max Koenler, Building Inspector and Mr. Russell Ashmore, City Attorney were present together with approximately 20 people attending the special meeting The Chairman announced that the first item to be considered was the Devonshire Park Subdivision located North of West Chicago and West of Henry Ruff Road in tne Northwest 1/4 of Section 35. This proposed subdivision was tabled June 15, 1954 in order to give tne petitioner an opportunity to present a revised plat and to obtain a written report from tne Police Department from a traffic hazard standpoint. Mr. Henry Alper and Mr. Abe Green were present. Mr. Alper informed the commission and those present that ne had met with Mayor Hartom regarding this proposed subdivision at which time he had explained tne hardship that would be caused by being delayed until July 20, 1954. Stated that it would be impossible under the present conditions to come up with any- tning different on July 20, 1954. Mr. Asnmore asked the objections to the proposed subdivision as it was pre- sented. Mr. Alper gave a brief account of what had transpired in the past regarding the subdivision and the fact that the City Council referred the tentatively approved plat back to the Planning Commission for an explaination only of the street Sunset as shown on the plat. After the explaination as given at the commission's meeting to Mayor Hartom and two Councilmen there was no further question regarding Sunset. The secretary read the letter dated June 22, 1954 from Calvin Roberts, Chief Livonia Fire Department. Mr. Ventura objected to this matter being brought up tonight as tnis special meeting was called for the sole purpose of reconsidering tne top soil application of Sebastion Mancuso. Mr. Harsha stated that no special purpose was designated on the card informing him of this meeting. IL: Mr. Conway stated that due to tne fact the subdivider would be veld up 2U days which could be avoided this matter could be discussed at this time. 1 Mr. Hay stated that it was his opinion that the City Council did not nave jurisdiction to refer this plat back to tne commission. Mr. Ventura made the following motion: RESOLVED, that the commission dispense with the Devonsnire Park Subdivision matter as it was not on the agenda. Mr. Robinson stated that ne did not think a resolution was necessary to dis- pense with the proposed subdivision. Mr. Ventura agreed to withdraw nis motion. Upon a motion duly made by Mr. Ventura and seconded by Mr. Robinson, it was RESOLVED, that the commission continue with the business the meeting was originally called for. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Steinnoff, Nielsen, Greene, Ventura, Harsna, Hay and Salinas NAYS: Conway The next item to be considered was the application of Sebastion Mancuso, West- field Topsoil & Sand Company (i) for a permit to remove top soil from Parcels D1 and E located on the Southeast corner of West Chicago and Middlebelt Roads in the Southwest 1/4 of Section 36. Tnis petition was denied by the commission April 13, 1954 but a special meeting has been called for reconsideration as per the recommendation of The Honorable Judge Lila Neunfeldt. Mr. Frederick D. Bartholomew and Mr. Sebastion Mancuso were present. A court reporter was engaged by the City Attorney. Mr. Asrimore brought the commission and those present up-to-date on what had preceded at Circuit Court regarding this application and the feelings or The Honorable Judge Lila Neunfeldt. Stated that he had informed Mr. Bartnolomew and Mr. Mannuso tnat if the ground is brought up to grade and the drain is opened the City Planning Commission would have no objections to tne removal of tne top soil/ Mr. Bartholomew stated that The Honorable Judge Lila Neunfeldt stated that it would be impossible to comply witn the Zoning Ordinance by taking off top soil and having it up to grade. The bond posted would take care of any additional dirt that is required. Informed commission that 65% of the homes would be completed within one year. Mr. Lewis spent large sums of money grading property and purcnased property South of subdivision to take nigh spots off and take care of the low spot on Chicago. Tne ditch would have been opened up but Mr. Lewis had to obtain approval of his plan in order to do the job as the Drain Commission wants it done. The plan had been approved last week. W911 open ditch according to plan. Tne secretary read the letter dated June 22, 1954 from Mr. H. M. Hultquist Supt. of Public Works. Mr. Ventura introduced pictures taken June 22, 1954 at 6:30 p.m. showing tne low areas. Stated that he had been over the land three times. If) j1r. Ashmore asked how many yards have been hauled from one place to another. Mr. Bartholomew stated that ne had no idea. Mr. Mancuso stated Mr. Lewis bought the land three weeks ago. Mr. Ventura stated tnat land was bought a good six months ago as ne as a member of tne Scnool Board tried to purcnase tnis land. The area is Fairly level and it was his opinion that not much excess soil would be available from it. Stated there nas been no attempt to fill the holes which are 18 to 24 incnes deep. Mr. Ventura made the following motion: RESOLVED, that the application of Sebastion Mancuso (i) for a permit to remove top soil from Parcels D1 and E located on the Southeast corner of West Chicago and Middlebelt Roads in the Southwest 1/4 of Section 3b be denied because it stated in the Zoning Ordinance, No. 60 Section 4.13 nNo soil, sand, clay, gravel or similar material shall be removed in such a manner as to cause water to collect or as to result in a menace or danger to the public health, safety or welfare, etc. " It was established by the members that tnis motion was out of order as there were additional people present who had not nad an opportunity to speak. Mr. Bertrum Jonnson, 26701 West Chicago stated tnat he had watcned tnis area I[: . for some time and to his knowledge the men were not filling in the low spots. the boys in the neighborhood were using one of the water holes for swimming. Mr. Bartnolomew suggested that the commission give Mr. Mancuso a certain length of time to fill in holes and open the ditch. Stated that the ditcn will be dug as soon as it is dry. Mr. Salinas stated that it was his opinion tnat the noles would be filled and the ditch dug prior to meeting with the commission or furnish survey stating tnat tne area was above grade. Mr. harsha asked if the noles were there to start with. Mr. Bartnolomew stated top soil is from On to 1001 to 14n. Stated tnat ne believed holes were there before top soil was piled. Mr. Ventura stated it was never low wnere the tnree foot lake is. Mr. Bertrum Johnson stated he did not tnink it was the intent to take just the top soil. Mr. narsha asked if there was enough top soil in the piles to fill in tne holes. Mr. Bartholomew stated that if top soil was spread there would not be enougn to fill in the holes. Stated they will grade approximately two feet from the finisn line. Mr. M. Polstom, 26465 West Chicago stated that he would like to see water out and it was his opinion that tne ground could be dug now. Mr. Conway asked the type or equipment required to mill the holes. Mr. Mancuso 4 stated the type of equipment necessary and that because of the rain conditions the machinery had to be pulled out. Mr. Ventura stated that since the day of nearing in Circuit Court, Sullivan nas brought in neavy equipment which has been over almost every inch or tne area. Mr. Ashmore suggested tnat Mr. Manucso bring tne area to grade and open tne ditcn at which time there will be another hearing. Tnis was not acceptable to Mr. Bartholomew. Mr. Bartnolomew.stated tnat if tne commission wanted the whole thing graded before a permit is issued the answer is ',non. We will dig the ditch and put up a bond and if tnere are any low grades you can penalize us. Mr. Asnmore suggested that the commission not grant the application with the provision tnat the ditch be drained. Recommended that no permit be issued until the ditch is opened and holes are filled. Mr. Greene recommended that Mr. Mancuso go ahead and do what Mr. Asnmore suggests and then come before tne commission again for a permit. Mr. Asnmore asked if Mr. Mancuso was willing to post a cash bond to guarantee tnat within 30 days the area where dirt nas been removed will be brought up to grade. Mr. Bartnolomew asked how they are expected to grade if homes are to be built. Mr. Ashmore recommended to the commission that seeing tney have already taken the top soil off so tney remove that and put a turf on there to keep it from blowing. They say the dirt from the basements will fill it up, dig the drains and post a bond and guarantee that when they finish it will be up to grade. Mr. Ventura stated there were 22 homes built along West Chicago and that after the basements were dug they had to bring in additional soil to grade homes. Upon a motion duly made by Mr. Ventura, seconded by Mr. Robinson and unanimously carried, it was RESOLVED, that application of Sebastion J. Mancuso, Westfield Topsoil & Sand Company (i) for a permit to remove top soil from Parcels D1 and E located on tne Soutnwest corner of West Chicago and Middlebelt Roads-in tne Southwest 1/4 of Section 36 be denied until sucn time as they have opened ditches and drained water and low spots nave been filled from which the top soil has been removed over entire subdivision/ The Chairman declared tne foregoing resolution adopted. The Chairman called a recess at approximately 10:09 p.m. The Chairman called the meeting to order at approximately 10:45 p.m. Upon a motion duly made oy Mr. Harsha and seconded by Mr. Conway, it was 1 RESOLVED, that an open discussion be had regarding the article con- cerning the City Planning Commission that appeared in tne June 17, 1954 edition or the Livonia News. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Nielsen, Conway, Greene, Harsna, Hay and Salinas NAYS: None NOT VOTING: Steinhoff and Ventura The Chairman brought the commission and those present tpto-date on what had preceded regarding the Petition No. Z-31 by William Eplett : and that he and Mr. Harsna had met in the Council Office with Mr. Eplett before a commission meeting at which time Lir. narsha was appointed as a committee of one to re- investigate tne situation and report back to the commission. Plr. Harsha stated tnat he had investigated the area and could see no reason for rescindingtne resolution that denied the petition. Stated that ne made this recommendation at a meeting of the commission but that it was not put in the record. Mr. Hay questioned whether the motion made at the last meeting was in order as there was no motion that the Planning Commission reconsider the plat of Devonshire Park Subdivision. Mr. Hay stated tnat Mr. Alper told him that he would take the matter to court if a decision is not made on the proposed sub- division. upon a motion duly made by Mr. Harsha, seconded by Mr. Greene and unanimously carried, it was RESOLVED, that tne election of the commission's officers be held at this time. The Chairman declared the foregoingresolution adopted. Mr. Max Koehler and Mr. Otto Nielsen were asked by the Chairman to be Tellers. "Nominations were made for Chairman as follows: Peter Ventura by William Robinson Dallas Hay by H. Paul Harsna Nominations were closed by Mr. Greene. Result of vote: Peter Ventura - 5 Dallas Hay - 4 Nominations were made for Vice-Chairman as follows: If: William Robinson by Peter Ventura H. Paul Harsha by Robert Greene Rufino Salinas by Peter Ventura (Mr. Salinas withdrew nis nomination) Edwin Conway by Peter Ventura', (Mr. Conway withdrew his nomination) Nominations were closed by Mr. Salinas. 212 Result of vote: Cr' H. Paul Harsha - 6 William Robinson - 3 Nominations were made for Secretary as follows: Adelaide Nielsen by William Robinson (Mrs. Nielsen withdrew her nomination) Rufino Salinas by Robert Greene Nominations were closed by Mr. Ventura. Result of vote: Rufino Salinas - unanimous Ex-Chairman Dallas Hay turned tne Cnair over to newly elected Peter Ventura. Cnairman Peter Ventura appointed the following committees: PLAT COMMITTEE MASTER PLAN COMMITTEE H. Paul Harsha, Cnairman Robert Greene, Chairman Adelaide Nielsen Dallas F. Hay Karle Steinhoff William Robinson TOP SOIL COMMITTEE William Robinson, Chairman Edwin Conway Mr. Conway reminded the commission of the resolution adopted at tne last meet- ing whereby the Chairman would appoint each month a committee or three to represent tne Planning Commission at the meetings of tne City Council. Mr. Con- way stated that he tnougnt Mr. Waring should attend the City Council meetings. ratner than a member of the commission. Mr. Robinson asked whether tnis would come within the bounds of nis contract. Mr. Hay stated tnat it would not as ne is paid for just tne Planning Commission's meetings. Mr. Ventura stated tnat ne tnougnt it behooves the commission members to go to tne Council meetings and not Mr. Waring. Mr. Salinas stated that he thought a member of the commission and Mr. Waring should attend the Council meetings. Mr. Hay asked if ne and Mr. Greene could oe excused for a few minutes in order to discuss a matter concerning Bel-Aire Gardens Subdivision with Mr. Kleinert. Mr. Ventura stated tnat he would appoint a committee to attend tne Council meetings at tne next Regular Meeting of the commission. Mr. Robinson made the following motions RESOLVED, tnat the matter or Devonsnire Park Subdivision not be taken up at tnis meeting as notices were not sent tnat tnis would beds- - cussed eds- cussed tonignt and tnose that called the CityHall during tne day would have no idea tne proposed subdivision would be acted upon. There was no support to trio motion. Mr. Salinas stated tnat it was not necessary to give notice as it was just referred back to the commission for clarification of Sunset. The Plat has been given tentative approval. Upon a motion duly made by Mr. Harsna and seconded by Mr. Conway, it was RESOLVED, that the natter of Devonshire Park Subdivision be presented at this time for discussion. A roll call vote on tne foregoing resolution resulted in tne following: AYES: Steinhoff, Nielsen, Conway, Greene, Hay, Harsna and Salinas NAYS: Robinson and Ventura Mr. Hay asked for an opinion from the City Attorney as to wnetner tne commission acted legally at tne last meeting in referring tne Devonshire Park Subdivision to the Police Department for a report from a traffic hazard stand- point as there was not a resolution made by tne commission to reconsider tnis plat. Referred a letter addressed to George Bentley, Chairman of tne Planning E Commission dated May ld, 1951 from William Brashear, City Attorney and a letter addressed to tne City Council dated January 2, 192 from William Brashear, City Attorney to Russell Ashmore for an opinion on tnis matter. Mr. Ashmore stated tnat ne would prefer to give the opinion in writing but until such time tne commission should follow the opinion of tne previous CityAttorney. The secretary read tne letter addressed to George Harmon, Chief Livonia Police Department dated June 21, 1954 from the Planning Commission. Mr. Robinson asked whetner tne commission should wait until after tney had received a report from tne Police Department before referring Devonsnire Park Subdivision bacx to the City Council. Mr. Kleinert stated that tne question regarding Sunset had been unofficially explained to Mayor Hartom and two Councilmen but that no official action has come from the Planning Commission. Upon a motion duly made by Mr. Salinas and seconded by Mr. Hay, it was RESOLVED, that tne tentatively approved plat dated April 20, 1954 of Devonshire Park Subdivision located Nortn of West Chicago and West of Henry Ruff Road in the Northwest 1/4 or Section 35 be referred back to the City Council as the City Planning Commission believes that the question regarding Sunset nas been fully answered. A roll call vote on tne foregoing resolution resulted in tne following: AYES: $teinhorr, Nielsen, Conway, Greene, Hay, Harsna, Ventura and Salinas NAYS: Robinson Upon a motion dulymade by Mr. Robinson, seconded by Mr. Steinnott and unanimously carried, it was RESOLVED, that tnis meeting be adjourned. At approximately 11:55 p.m. the Chairman declared the meeting adjourned. Rut' o Salinas, Secretary ATTESTED: 7/ * Dallas F. Hay, Chairman T./ //// Peter A. Ventura, Cnairman