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HomeMy WebLinkAboutPLANNING MINUTES 1954-09-15 65 MINUTES OF THE 56TH SPECIAL METING • OF THE LIVONIA CITY PLANNING COMMISSION The 56th Special Meeting of the City Planning Commission was held on Wednesday, September 15, 1954 at the City Hall, Livonia, Michigan. Chairman Peter A. Ventura called the Special Meeting to order at approximately 8:03 p.m. Members present: William Robinson Dallas F. Hay H. Paul Marsha Karle Steinhoff Robert L. Greene Rurino Salinas - Peter A. Ventura Members absent: Edwin Conway Adelaide Nielsen The secretary announces that the first item on the agenda was the submission ox' zinal plat of Rosedale Garaens Subdivision, No. 14 located approximately 120 feet South of West Chicago Blvd. and having an approximate_, frontage or 260 feet on the East side of Farmington Road in the Southwest 1/4 of Section 34. Mr. Clarence Hoffman was present and stated tnat Shelden Land Company does not have the canvas back plat as all the improvements are not in the subdivision. Because or difficulty with cement it's impossible to put in all improvements. The improvements will be in within two weeks. A ;10,000 cash bond was pasted. for ;53,000 worth of improvements yet to be completed. Mr. Ventura asked the reason for rushing this approval. Mr. Hoffman stated that tne G.I. commitments requite basements to be put in at a certain time. People will be ]aid off work if the final plat is not approved and building permits issued. G.I. commitments will also be lost. The final plat is tne same as the one given tentative approval and the one presented to the City Council. Shelden Land Company sold property South of West Chicago Blvd. and East or Merriman Road known as Rosedale Meadows Subdivision. Upon a motion dxly mase by Mr. Robinson, seconded by Mr. Hay and unanimously carried, it was RESOLVED that, Rosedale Gardens Subdivision, No. 14 final plat which subdivision is located approximately 120 feet Soutn or West Chicago Blvd. and having an approximate frontage of 260 feet on the East side of Farmington Road in the Southwest 1/4 of Section 34, be approved. The Chairman declared the foregoing resolution adopted. As the City Attoreny was not present tne Chairman asked and received permission to postpone reconsideration of application of Sebastion J. Mancuso for removal of top soil temporarily in order to give the City Attorney an opportunity to appear. The secretary read a letter dated September 9, 1954 from Dan Glusman regarding necessity of approval for proposed studio apartments to be erected on South side Plymouth Road between Garden and Harrison Avenues. 66 Messrs. Dan Glusman and Ben Holzman, 3843 Puritan, Det. were present. Mr. Glusman states the property was located on the South side or Plymott h Road in a 0-2 District and that there are other apartments on Plymouth Road. Each unit will have living room, bedroom and kitchen. Apartments will be3 leased for years arse. Mr. Wood states that some people in the area will object to this type of building. Mr. Greene asked the square footage of the floor area. Mr. Glusman stated the floor area will be b25 square feet. Mr. Ventura stated that being in a C-2 District that if the building meets with all the Building Codes he cannot see where the Planning Commission would have jurisdiction over it. Mr. Wood referred to Section 1.10 of the Zoning Ordinance. Mr. Greene asked what the City Attorney meant by this being a "twilight case." Mr. Wood statea that the Building Department was in doubt; therefore they wished to obtain the opinion or the commission. Mr. Salinas asked if this yo uld be controversial. Mr. Wood said it would and that if the people object would they come before the commission. Mr. Ventura stated that the law is clear and that it would not be necessary unless there is a boundary dispute. The commission agreed that they aid not have jurisdiction over this proposed studio apartment. The secretary read a letter dated July 29, 1954 from Russell Ashmore regarding the approval of final plat. Mr. Ventura states that once the commission approves a preliminary plat the subdivider must then prepare the final plat and come back before the Planning Commission before going to the City Council. States it was not necessary to present canvas plat, that a paper plat would be acceptable as a final plat. The Chairman called a recess at approximately 8:39 p.m. The Cnairman called the meeting to order at approximately 8:57 p.m. The secretary announced that the next item was the reconsideration of application of Sebastion J. Mancuso, Westfield Topsoil & Sand Co. (i) for a permit to remove top soil from Parcels D1 and E located on the South- east corner or West Chicago Blvd. and Middlebelt Road in the Southwest 1/4 of Section 36. Messrs. David Lewis, Sebastion Mancuso and Frederick Bartholomew were present. Mr. Bartholomew: On April 13, 1954 it was denied on the grounds that we aid not comply with the Zoning Ordinance. May 17, 1954 suit was started. The main objection was the ditch going through the subdivision and that it was below grade. Told Court we would take care of ditch and grade site. We have hauled 40,000 yards of girt to bring it up to grade. August 31, 1954 6w clr I was on my vacation. At that time it was denied without prejudice. Since that time I went out on the property and we went all through the subdivision. Came back and stopped at Mr. Ventura's home. That property that was low is now higher than Mr. Ventura's. The ditch has all been pried in (closedin) and the homes being built at this time. There are more than 125 homes built. Another objection was that the sand would blow over on West Chicago Blvd. Almost every home is landscaped at this time. Did not pursue Court case. The dirt that is piled up there is an eye sore. Will take some time to remove it. At this time the Planning Commission should grant a permit as Mr. Mancuso has seen that everything is taken care of. Mr. Ventura: How many on West Chicago Blvd. are landscaped out of 125. Mr. Bartholomew: Would not know. Mr. Ventura: Who landscaped homes. Mr. Bartholomew: People themselves. Mr. Ventura: There is an open ditch in the new subdivision. Water two feet deep.. Mr. Bartholomew: Not the ditch we are concerned with. Mr. Lewis: Ditch along the South side of subdivision is open. Ditch coming down from West Chicago Blvd. to Harrison is closed. Mr. Ventura: Messrs. Robinson and Steinhoff and I have been over area last IL: Sunday. If the land was graded 80% at the time of the Court hearing, why was 40,000 yards hauled in to bring it up to grade. My question is where will they get the 40,00U yards to put back in the other subdivision. Sub- division 18 inches low. _ Mr. Lewis: The general contour or the land is to grade. Mr. Ashmore: Have to grade to existing grade. Mr. Ventura: Soil was piled without a permit. Statements made that perhaps they were going to put it back around the homes. Chairman asked if there were any present objecting to the granting of petition. Mr. Verl Lahs, 9195 Deering: Grade level is low. Still reel it is not right. They put sand in. Cannot grow turf. on sand. There were four persons from Southeast Livonia Improvement Association object- ing to the granting of this petition. Mr. Ventura: This soil was removed in violation of the zoning Ordinance. 40,000 yards moved in to fill in the homes is not all the facts in the case. What is to prevent people doing same thing in the future. You knew when you piled it up you were going to sell. /Why didn't you apply for a permit. Mr. Ashmore: Why didn't the administration stop this piling. Cannot find records in January or December of ever having a hearing before the Planning Commission. Mr. Salinas: Do not believe there was. Mr. Broenik, 29025 West Chicago- Blvd.: I find my property unfit for growing of turf. Took $62 of top soil to bring it up to where I could grow grass. Mr. Bartholomew: Can you show me one new home in this county that was land— scaped without a special agreement. Mr. Couzens, 28225 West Chicago Blvd.: Purchased one of these homes down in this area. Had to dig all sand off of property in order to sustain grass. The front was up to grade. Had to put in five loads of clay in the back yard. ($100) to bring land up to grade. Mr. Lewis: I want to inform commission that we very carefully graded back yards to conform with draining plan and that a certificate was filed with the V. A. Anyone wno puts five loads of clay distroys entire draining plan of subdivision. Mr. Couzens: Went on grade line that was on pole. There was a depression in yard where water collected. Mr. Wood: Department has many calls regarding grade. Mr. Ventura: If we set a precedent here what's to prevent any party coming in and piling top soil. • Mr. Alex West, 13781 Merriman: They said they would put the top soil back. Mr. Greene: You stated that back yard was graded to grade. Now he could not grow grass. • Mr. Lewis: Grades two inches low so that they can grow grass. Mr. Ashmore: Who owns the dirt now. Mr. Ventura: Who owns the dirt is irrelevant. Mr. Bartholomew: For what purpose is it --- for a directive to allow the permit. Will give a double barrel answer. Mr. Salinas: The City Attorney is entitled to question. Mr. Hay: Section 4.13. Application should state the owner. Mr. Bartholomew: Dirt belongs to Mr. Mancuso. Land belongs to Mr. Lewis. Mr. Salinas: We have already denied petition three times. Would not the motion have to state what we object to. Mr. Bartholomew: There is a court case on this matter. We didn't pursue it because we want to abide by wishes of commission. Judge said we should go away and see if we could settle this. Did what you wished. Question at Court was whether we would comply with commission. 130 more homes to be built. Mr. Ventura: In where you are putting the streets there is much earth to go in there. Recommended that the petition be denied for the following reasons: 69 (1) That time after time we have been given double barrel answers; (2) We have to stop any other party coming in and piling up dirt and then putting pressure on us for a permit; and (3) They have constructed an open aitch. which earth was removed and put around homes to take the place of top soil. Mr. Greene: That may not be the only reasons. Just deny it. Mr. Ventura: Do this so that we are not denying petition for any arbitrary reasons. Upon a motion duly made by Mr. Robinson, seconded by Mr. Steinhoff and unanimously carried, it was RESOLVED that, application of Sebastion J. Mannuso, Westfield Topsoil & Sand Company (i) for a permit to remove top soil from Parcels D1 and E located on the Southeast corner of West Chicago Blvd. and Midalebelt Road in the Southwest 1/4 of Section 36 be denied for the following and other reasons: 1. An open ditch has been constructed and the removes earth has been placed around homes to take the place of top soil. 2. Commission has to stop other parties from coming in and piling up dirt and then putting pressure on commission for a permit. 3. Repeatedly the commission has been given ambiguous answers. The Chairman declared the foregoing resolution adopted. Mr. Bartholomew: J. do not like the Chairman's accusations. Mr. Irvin Hermanoff, Harry Slatkin Builders, Inc. was present and submitted the original linen plat of Country Homes Subdivision, No. 1 for approval. Mr. Hermanoff stated that the City Council objected to lots that were not bO feet at the curb line whicn lots have been changed on the final plat. The plat that was given tentative approval by, the Planning Commission has been divided into three parts. The sewers, water and headwalls are in. The secretary read the certified copy o1 resolution approving plat by the City Council August 16, 1954. Mr. Robinson suggested that the commission approve the final plat, subject to the bond that has to be amended by the City Council Monday. Mr. Hermanoff states that Harry Slatkin Builders, Inc. have invested one million one hundred dollars thus far in the subdivision. Mr. Asnmore stated that the commission should have the final plat before it goes to the City Council. As a condition of that final approval the bond must be filed. Mr. Hay suggested that approval of the final plat be tabled until the next meeting, September 21, 1954. Mr. Hermanoff stated he would like to get the final plat into._the mail to- morrow. Mr. Salinas stated he aid not think Mr. Hermanoff should be made a victim of this new procedure. Q There was a lengthy discussion or the commission having jurisdiction over the bona. Upon a motion duly made by Mr. Robinson, seconded by Mr. Salinas ana unanimously carried, it was RESOLVED that, Country Homes Subdivision, No. 1 final plat which subdivision is locates between Plymouth Road and the Middle Rouge Parkway from Wayne to Yale Avenues in the West 1/2 or Section 33 be approved with the provision that no building permit be issued until the Planning Commission is in receipt of letter from City Clerk as to the bona having been posted. The Chairman declared the foregoing resolution adopted. The secretary read a letter from Charles W. Barr, Planning Consultant dated September 1U, 1954 and from Albe E. Munson, Planning Consultant dated September 14, 1954. Mr. Ventura stated that he has a list of ten Planning Consultants in this area and suggested a letter be sent to each one and a date for an interview be made before a selection is made. The secretary read a letter from Mrs. Marie W. Ford dated September 13, 1954 regarding Child Care Center to be conducted on the North side of Pinetree between Stark ana Laurel. Mr. Greene questioned what was meant by a Child Care Center. Mr. Ventura suggested a letter be written to Mrs. Ford asking her to appear before the commission September 21, 1954 to give more detailed information about the proposed Child Care Center. Upon a motion duly made by Mr. hay, seconded by Mr. Steinhoff ana unanimously carried, it was RESOLVED that, the 56th Special Meeting be adjourned. At approximately 10:35 p.m. the Chairman declared the 56th Special Meeting adjourned. q( � � Rurino Salinas, Secretary • ATTESTED: • ' ' -�� ,ddl.. ----Peter A. Ventura, Chairman