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HomeMy WebLinkAboutPLANNING MINUTES 1955-01-25 2763 MINUTES OF A PUBLIC HEARING AND THE 62ND SPECIAL MEETING OF THE CITY PLANNING COMMISSION On January 25, 1955 the above meeting was held by the City Planning Commission at the City Hall, 33001 Five Mile Road, Livonia, Michigan. Chairman Peter A. Ventura called the Public Hearing to order at approximately 8:04 p.m Members present: Dallas F. Hay William Robinson Rufino Salinas Edwin Conway KaIle Steinhoff Peter A. Ventura Members absent: *Robert L. Greene H. Paul Harsha Adelaide Nielsen The following were present together with approximately 25 people attending the public hearing and the special meeting: Lieutenant Bob Perry - Fire Department Mr. Hugh Wood, Jr. - Chief Inspector **Mr. Russell C. Ashmore - City Attorney Mr. George Vilican, Jr. - Planning Consultant The secretary read petition dated January 17, 1955 requesting approval of preliminary plat of Livonia Estates Subdivision, No. 4 located 314 feet South of West Chicago Blvd. and approximately 1,925 feet East of Middlebelt Road in the Southwest 1/4 of Section 36. The secretary read letters dated January 24, 1955 from Calvin Roberts, Chief Livonia Fire Department and dated January 25, 1955 fromHugh Wood, Jr., Chief Inspector. Messrs. David Lewis and George Roth were present. Mr. Steinhoff, member of the Plat Committee, stated that the questions the committee have concern how this propose plat fits into surrounding area, whether the houses on Westfield and Hartel Avenue will back up to this proposed subdivision, and what is to be done with parcels directly South of West Chicago Road. Mr. Lewis stated that the property directly South of West Chicago Road does not belong to him and that there are existing homes on each of these parcels. Stated that the homes in the Pearl Wilson Subdivision on Hartel and Westfield Avenues now under construction will back up to the homes in this proposed sub- division. A tentatively approved plat of Pearl Wilson Subdivision was on the bulletin board from which Mr. Ventura attempted to show commission how this proposed subdivision would fit into this approved plat. Mr. Ventura stated that he noted that on the cul-de-sac that there are no dimensions shown. Mr. Lewis stated this has not been completely computed, but that it will no doubt have a radius of 501. Mr. Salinas asked about Harrison Avenue and whether it would be an 867 street up to West Chicago Road. Mr. Lewis stated it would be a full street up to the North boundary of this proposed subdivision and that a half street will be opened up with the completion of Livonia Estates Subdivision. **Mr. Russell C. Ashmore arrived at meeting at approximately 8:10 p.m. and *Mr. Robert L. Greene arrived at approximately this same time. 204 Mr. Steinhoff asked about the sewers and where they would go. Mr. Ventura stated that he lives in this area, has seen the plans of the entire sewer system for this area and explained same to commission. Stated sewer will ex- tend to the City line and 720 feet into Nankin Township. Mr. Salinas stated that he thought the street (Westfield Court) should have a different name. Mr. Lewis stated that the name was placed on the plat by the man who drew it and that anything logical would be alright with him. Mr. Wood suggested Minton Court in his letter which would just about line up with the existing Minton. Mr. Steinhoff stated street was more in line with 'Minton than with Westfield. Mr. Ventura suggested it be named something entirely different. Mr. Hay asked why call it "court" when there are other streets in the City that jog. Mr. Lewis stated they used the word "court" as it is a dead end street at this point. The commission agreed that the street should be changed from Westfield Court, as it appeared on the plat, to Minton Avenue. Mr. Lewis stated that the fire hydrants are located in the improvement plans. No one was present objecting to this subdivision plat. Upon a motion duly made by Mr. Robinson, seconded by Mr. Hay and unanimously carried, it was #1-16-55 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby approve the preliminary plat of Livonia Estatks Subdivision, No. 4 located 314 feet South of West Chicago Road and approximately 1,925 feet East of Middlebelt Road in the Southwest 1/4 of Section 36 with the conditions as stated in the letter dated January 24, 1955 from Calvin Roberts, Chief Livonia Fire Department; that the name Westfield Court as it appears on the plat be changed to Minton Avenue and that the final plat have the dimensions on the back of Lots 10, 11 and 12, and FURTHER RESOLVED, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service and copies of the plat together with notice having been sent to the Building Department, Superintendent of Schools, School Board President, Fire Department and Members of the Plat Committee. The Chairman declared the foregoing resolution adopted. Mr. Roth stated the he will be out of town for a period of three weeks after February 11 and that he would like final approval of Pearl Wilson Subdivision, "65 No. 4 subject to the filing of the bond as set by the City Council December 27, 1954. Mr. Ventura stated that the commission has not approved final plat of any sub— division until the bond has been filed and that an exception should not be made in this case. Mr. Roth stated that if there is another hearing between now and February 15 he would appreciate being notified and being placed on the agenda. The secretary announced that the next item on the agenda was the application of Norris A. Host, Wolverine Contractors, Inc. (q) for a permit to remove topsoil from Parcel CC and DD containing approximately 51 acres located North side of Schoolcraft Road approximately 2, 150 feet West of Inkster Road in the South 1/2 of Section 24. The secretary stated that the application had.been approved by the Police Department. The secretary read letters dated December 13, 1954 from Mr. W. R. McCary, Supt. of Public Works and dated January 25, 1955 from Mrs. J. Hillas, Mr. Norris A. Host was present. Mr. Ventura stated that he wished to point out thatunder Zoning Ordinance, No. 60 governing removal of topsoil that the application must be investigated by the Police Department and D.P.W. The Police Department's only interest in the application is to determine whether or not there will be traffic hazard connected with the egress and ingress to the property and that they are not approving application as to the removal of the topsoil. Mr. Robinson, Chairman of the Topsoil Committee stated that there is a high area in the center of the property and that some dirt has been removed from this high area. The Topsoil Committee does not recommend that this application be granted because most of the area is below grade of road as shown by topographical survey. Mr. Conway, member of the Topsoil Committee, stated that it looked as though dirt has been pushed into piles at various times and that area is definitely low. Mr. Ventura stated he visited area and that as shown on the topographical survey the road grade is 97.3 and that there are very few spots above this. Mr. Ventura ;asked Mr. Host approximately how much area this proposed space covers. Mr. Host stated three acres for actual hill. Mr. Ventura stated it was very important that commission know how many acres are in the parcel. Mr. Ventura asked Mr. Host whether it was not true that most of the area is below nearest road. Mr. Host stated "not that he knew." Stated that most of the area has been excavated at one time or another. Mr. Conway stated that where there is a high spot there is a low spot to be filled. Mr. Host stated that the party next to this location is lower and that he did not realize they were that low. Mr. Ventura read portion of Section 4.13 (c) Zoning Ordinance, No. 60 "No soil, BOG sand, clay, gravel or similar material shall be removed below the normal building grade as established from the nearest existing or proposed street, by the D.P.W." Stated that the commission has recommendation from D.P.W. which he believed commission should consider. The secretary read again the letter dated December 13, 1954 from Mr. W. R. McCary, Supt. of Public Works. No one was present opposed to the approval of this application for topsoil removal permit. Upon a motion duly made by Mr. Greene, seconded by Mr. Steinhoff and unanimously carried, it was #1-17-55 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby deny the application of Norris A. Host, Wolverine Contractors, Inc. (q) for a permit to remove topsoil from Parcels CC and DD containing approximately 51 acres located North side of Schoolcraft Road approximately 2,150 feet West of Inkster Road in the South 1/2 of Section 24, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service and recommendation having been obtained from the Department of Public Works under date of December 13, 1954 and from the Police Department under date of January 25, 1955. The Chairman declared the foregoing resolution adopted. Mr. Ashmore stated that he believed the City has a violation in the Justice Court on this location which he has postponed for two months until after this hearing. Asked Mr. Host why his equipment went into this area to remove dirt without first having obtained a permit. Stated that he cannot dismiss this ticket without having good reason. Mr. Host stated that he moved in there under orders of the man that was supposed to have permit and that they were supposed to be working unr his permit. Mr. Ashmore stated permits are not transferable. Mr. Ventura stated that this matter should be taken up at Justice Courts. Mr. Ashmore stated that he wished to hear anything this commission might have to say regarding this matter. Mr. Ventura stated that Mr. Host has removed topsoil from locution on School— craft Road, that he must be familiar with the ordinance and that if he has violated ordinance then there is no alternative but to enforce ordinance. Mr. Ashmore asked Mr. Host to appear in Justice Court tomorrow, January 26, 1954. The secretary read the petition by Herbert Noe, Pastor, Galilean Baptist Church requesting permission to erect a church building on Parcel BlOall to B10a20 located on the Southeast corner of Seven Mile Road and Maplewood Avenue in the Northwest 1/4 of Section 12. Rev. Herbert Noe was present. O7 * Mr. Russell Ashmore left meeting at approximately 8:43 p.m. The secretary read letter dated January 24, 1955 from Calvin Roberts, Chief Livonia Fire Department. **Mr. Russell Ashmore returned to meeting at approximately 8:44 p.m. Mr. Ventura asked whether the barn now located on this parcel is to be re- moved. Rev. Noe stated that it would. Mr. Salinas asked whether the parking spaces as shown on the area plan will provide sufficient facilities for the entire building program. Bev. Noe stated it will. Mr. Salinas asked if there were any other Baptist Churches of this same type int immediate area. Rev. Noe stated he knew of one located at Inkster Road and Six Mile Roads which has not been completed. Mr. Hay asked whether this was a new construction. Rev. Noe stated it was. Asked whether the commission understood that construction was to be made in units as the church membership grew. Mr. Robinson asked whether there was any way commission could control people who start building and don't complete them. Mr. Ventura stated that that was within the jurisdiction of the Building Department. Mr. Hay stated that this commission approved a church at another location and that at the time of approval plan similar to this was brought before commission The people in the neighborhood were let down when a used building was brought in. Mr. Steinhoff asked whether this didn't come under jurisdiction of Building Department also. No one was present objecting to this petition. Upon a motion duly made by Mr. Hay, seconded by Mr. Conway and unanimously carried, it was #1-18-55 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby grant the petition of Herbert Noe, Pastor, Galilean Baptist Church requesting permission to erect a church building on Parcel BlOa11 to B10a20 located on the South- east corner of Seven Mile Road and Maplewood Avenue in the Northwest 1/4 of Section 12, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item onthe agenda was the application of George Cummins for renewal of Permit No. 13 which was issued January 19, 1954 for removal of sand from Southwest corner of Parcel L3 (400 feet wide and 600 feet deep) located South side of Five Mile Road and West of Fairlane 208 in the Southwest 1/4 of Section 21. The secretary stated that this application for renewal has been approved by the Police Department. The secretary read ="' letter dated January 25, 1955 from W. R. McCa'y, Supt. of Public Works. Mr. Robinson, Chairman of the Topsoil Committee, stated that they did not have a survey of the area but that it appeared to the committee that this area was at least 2' below Five Mile Road and Fairlane Avenue. Mr. Conway, member of the Topsoil Committee, stated he wished to know how far back they go. Mr. Ventura stated that the application read 114001 wide and 6001 deep on the Southwest corner of Harold Long Farm." Mr. Ventura stated he also visited the site and that unless the speedometer on his new car in wrong, it is one mile to the end of the operation. It is all below level of the existing road. To his knowledge commission has never been furnished a survey. Mr. George Cummins was present. Mr. Cummins stated that he did not want his permit renewed. Stated that he had at the most 20 or 30 more loads to remove. Stated that this area is at least seven or eight inches higher than Mr. Charles Rogers left it. Mr. Ventura asked who Mr. Charles Rogers was. Mr. Cummins stated he is the one who took the biggest portion of soil out. Mr. Cummins stated that he has been working in this location forslx months to one year and that his equipment has been out of area for three or four months. Stated he was not through grading area yet and that it would be June before he could get equipment in. Stated he did not want permit renewed but that he did want to grade site. Mr. Robinson stated that inasmuch as the property appears to be low he would suggest that Mr. Cummins submit survey to commission and that at that time commission can issue him permit. Mr. Ventura stated that Mr. Cummins did not want a permit. Mr. hay stated that there was an application submitted as it is on the agenda. Mr. Steinhoff asked if permit has run out. Mr. Ashmore stated permits are good for six months. Mr. Salinas stated permit was issued January 19, 1954. Mr. Robinson recommended that D.P.W. be requested to make survey with the view in mind that if it is below grade that the bond be held. Mr. Ventura stated thatthe bond should be confiscated. Mr. Conway stated that in order for him to remove 20 or 30 loads Mr. Cummins has to have renewal of permit. Mr. Salinas stated that he intended to have application renewed so that he 785 209 can grade site. Did not think anything can be accomplished by confiscating bond. Upon a motion duly made by Mr. Robinson and seconded by Mr. Conway, it was RESOLVED that, the City Planning Commission request the D.P.W. make a survey of the Southwest corner of Parcel L3 (400t wide and 600' deep) located South side of Five Mile Road and West ofFAirlane in the Southwest 1/4 of Section 21. Mr. Steinhoff stated that seeing petitioner asked for renewal, it is his opinion that the request be denied. Mr. Robinson and Mr. Conway withdrew their previous motion. Upon a motion duly made by Mr. Robinson,' seconded by Mr. Conway and unanimously carried, it was #1-19-55 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby deny application of George Cummins for renewal of Permit No. 13 which was issued January 19, 1954 for removal of sand from Southwest corner of Parcel L3 (400' wide and 600' deep) located on the South side of Five Mile Road and West of Fairlane in the Southwest 1/4 of Section 21, and FURTHER RESOLVED, notice of the above hearing was sent to property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service and recommendation having been obtained from the Department of Public Works under date of January 25, 1955 and from the Police Department under date of January 25, 1955. The Chairman declared the foregoing resolution adopted. Mr. Ashmore stated that the six months expiration of permits was,put into effect under the Mayor's instruction. Stated that he has received several complaints on sand being removed on Five Mile Road and Schoolcraft Road and that he intends to "pull" these people into court and prosecute them. Asked Mr. Cummins if anyone told him when he first received his permit that it was good for six months only. Mr. Cummins stated "no". Mr. Ashmore asked Mr. Cummins if anyone told him when he first received his permit that it was good for a period longer than six months. Mr. Cummins stated "no". Mr. Ashmore asked Mr. Cummins if he had received a notice. Mr. Cummins stated the first thing he received was a letter regarding this hearing. Mr. Ashmore asked whether Mr. Cummins received letter about two months ago stating that the permit was of no value. Stated he has been given proof that dirt has been removed after notice was sent. Mr. Cummins stated he pulled out of site three months ago and that he set his grade with that of Gharles Rogers. Mr. Ashmore asked Mr. Cummins whether he understood that by denying renewal of his permit that no more dirt can be removed out of this area. If there is 210 removal, stated he, Mr. Cummins, would be given a ticket and fined. Mr. Robinson stated that he thought he understood Mr. Ashmore to say he was going to take these people to court. Mr. Ashmore stated people who saw them remove dirt should file complaint. Mr. Robinson stated he meant about removing below grade. Mr. Ventura read portion of Section 4.03 and stated that this is in violation of ordinance and that this should be taken up in court and not here. Mr. Ashma• e asked how they can go to court. Mr. Robinson stated the city can take them. Mr. Ashmore asked who in the City. Mr. Ventura stated that according to the Zoning Ordinance, No. 60 the Building Department shall enforce ordinance. Building Department should be made aware of violation and do something about it. The secretary read petition dated November 3, 1954 from Burton Warner, Warner & Warner requesting approval of Lyndon Manor Subdivision, No. 2 located on the East side of Flamingo Avenue approximately 250 feet North of Lyndon Avenue in the Northwest 1/4 of Section 23. The secretary read letters dated January 24, 1955 from Calvin Roberts, Chief Livonia Fire Department and dated January 25, 1955 from Hugh Wood, Jr., Chief Inspector. No one was present representing the petitioner. Mr. Steinhoff, Member of the Plat Committee asked whether the course of a drain can also be used for private easement of public utilities. Mr. Ashmore stated "yes" if permission is given by the Drain Commission. Mr. Ventura stated the commission would have jurisdiction over area to the West and it would be up to commission to see that 10' public Walk is continued. Mr. Wallace W. Pietiala, 23571 Geneva, Oak Park stated that he owned lot in area and that the proposed floor area in this subdivision will be 1,250 square feet whereas in his deed restriclk n it states less than this. Stated he proposed to build house less than 1,250 square feet in the spring. Mr. Robinson asked Mr. Pietiala if he was under the impression that they are going to raise floor area restriction. Mr. Ashmore asked Mr. Pietiala if anyone contacted him besides this commission Mr. Pietiala stated ttnott. Mr. Salinas stated that Mr. Pietiala has deed restrictions. Asked whether the floor area can be raised. Mr. Ashmore stated "no", if there is stated in the deed restrictions contrary to this and they hive not obrained the consent of the property owners. Stated that when these things come before this commission and they are binding, the deed should be produced as evidence of such. Mr. Pietiala stated he would bring in his deed. Mr. Ashmore stated that if there are deed restrictions either they agree to ,11 meet to your floor size or you agree to meet to theirs. Mr. Salinas asked whether this commission has to enforce private deed restrictions. Mr. Ashmore stated only City of Livonia restrictions. Stated it was commission's duty to avoid approval of petitions contrary to private deed restrictions if commission knows such restrictions exist. Mr. Ventura stated that our highest zoning classification is R-1-A which is 1,000 square feet and that if they want to go above that they certainly can but they cannot make another man go above requirements of zoning. Mr. Salinas asked if the Building Department would turn down a building permit if one was requested. Mr. Ashmore stated that if private deed restrictions were recorded and filed with the Building Department that they would assist the upholding of these private restrictions. Mr. Pietiala stated it was not a subdivision plat when he bought it. Mr. Robinson asked for a written opinion from Mr. Ashmore on the matter of restrictions in relation to what effect it has on planning; whether this commission should be responsible for approving plats where there is a known conflict. Stated Mr. Ashmore said that where there are private subdivision restrictions that they should be taken into account with planning. Mr. Ashmore stated only if they are filed with the City of Livonia. Mr. Vslican stated your zoning in a police power and your obligation is that obligation. Upon a motion duly made by Mr. Robinson and seconded by Mr. Conway, it was #1-20-55 RESOLVED that, the City Planning Commission request a written opinion from the City Attorney as to whether the City has the obligation to enforce private restrictions in the planning stage. A roll call vote on the foregoing resolution resulted in the following: AYES: Robinson, Conway, Greene, Hay, Ventura and Salinas NAYS: Steinhoff No one was present opposed to this proposed subdivision. Mr. Kessor, 30460 Lyndon stated that he would like to see this subdivision approved as this area is a breeding place for bugs in the summer. Mr. Salinas stated that if this plat is approved, suggested that the walk way not be extended as it is not far to walk to the school. Mr. Ventura stated there were no plans for water. Mr. Perry stated that he believed they were going to use present water main. Upon a motion duly made by Mr. Hay, seconded by 4r. Greene and unanimously carried, it was #1-21-55 RESOLVED that, Lyndon Manor Subdivision, No. 2 located on the East 212 side of Flamingo Avenue approximately 250 feet North of Lyndon Avenue in the Northwest 1/4 of Section 23 be tabled until February 15, 1955 in order to give petitioner opportunity to, appear to answer questions that commission might have. The Chairman declared the foregoing resolution adopted. At approximately 9:40 p.m. the Chairman called a recess. At approximately 9:47 p.m. the Chairman called the meeting to order with all present named at the beginning of the meeting except Lieutenant Bob Perry. Mr. Ventura stated that in his investigation Country Homes Subdivision, No. 2 and Country Homes Subdivision, No. 3 have not been given preliminary approval of this commission although it appeared on the City Council agenda last night. It was the suggestion of the City Council that this commission hold a special meeting to act on the preliminary plats. Upon a motion duly made by Mr. Hay, seconded by Mr. Robinson and unanimously carried, it was #1-22-55 RESOLVED that, this public hearing be adjourned until February 15, 1955. The Chairman declared the foregoing resolution adopted and called the 62nd Specail Meeting to order. The secretary announced that the next item on the agenda was the requested letter from Russell Ashmore as to whether commission has jurisdiction to release bond on topsoil. Mr. Ashmore read letter dated January 25, 1955 addressed to Mayor Hartom from himself. Suggested that the topsoil committee have meeting with Mayor Hartom regarding this subject. Stated that he thought Mayor Hartom's thinking was somewhat different than this commission's. Stated it was Mayor's feeling that he did not want to add to this commission's duties. Mr. Ventura stated that he also discussed this matter with the Mayor and that it is just a matter of setting a date and sitting down with him. The secretary announced that the next item on the agenda was the requested letter from Russell Ashmore as to whether commission has right to revoke top- soil permit if there is a known violatinn. Mr. Ashmore read letter dated January 25, 1955 addressed to Planning Commission from himself. Mr. Conway asked whether Zoning Ordinance, No. 60 requires a ticket as mentioned in this letter. Mr. Ashmore stated ',non but that the State Law requires that a tinket be with every load. Stated that there is no question that Zoning Ordinance, No. 60 puts jurisdiction of enforcing Zoning Ordinance, No. 60 to the Building Department. 27gn Upon a motion duly made.by Mr. Hay, seconded by Mr. Robinson and unanimou9ly carried, it was #1-23-55 RESOLVED that, the date of the next Public Hearing be set for February 22, 1955. The Chairman declared the foregoing resolution adopted. Mr. Ventura stated he talked to Mr. Munson and it was his suggestion that commission, Messrs. Munson and Vilican have study meeting at which time we can discuss policy, procedure, etc. and what we expect of the Planning Consultant Mr. Salinas stated that he talked to Mr. Art Jenkins, The Livonian regarding the printing of a map on area locations of pending zoning changes. The commission would have to submit line drawing of area in question which they would process. For a 6" x 4" map it would cost approximately $12.50. Mr. Ventura stated that this would set precedent and if commission has to do this many times it would be costly. Would it be reasonable to have petitioner asssme this cost. Mr. Salinas stated that even with map the legal description would have to be included. Mr. Wood asked whether the Planning Commission received maps from Waring and Johnson where they established zoning showing the exact distance. Stated that the Building Department has case where it does not show distance. Mr. Ventura suggested that where there is a controversy that it should come before this commission. Mr. Ventura suggested February 1, 1955 as a possible study meeting date and that if Mr. Munson could not attend he would let members know. Suggested study meeting even if Mr. Munson couldn't attend. Stated that when he appeared before the City Council and stated that we have never considered the plats of Country Homes Subdivision, No. 2 and No. 3 that it was the contention of Harry Slatkin Builders that this commission had ignored their plats; therefore their plats were approved. Stated that he argued that they had submitted only "preliminary plats or drawnings" and that they had never submitted "plats". Read definition of "plat" from State Platting Act (Act 172, Public Acts of 1929, as amended, Section 2). Read Section 3.06 of the Subdivision Rules and Regulations. Stated that commission could see how important the procedure and definition of "plat" can be in that a _ petitioner contended that this commission had ignored his plat and failed to act when they had failed to submit such a plat. Mr. Ashmore asked whether Mr. Ventura did not think a lawyer is prone to argue his point to his own advantage. Mr. Ventura stated they never demanded a certificate. Stated that commission can see the advisability of having study meeting at which time we can discuss this further. Mr. Ashmore stated that Mr. Dyer Baird called regarding Bell Creek Farms Subdivision, No. 2. 214 22) Mr. Ventura asked whether commission had asked Mr. Ashmore for opinion pertaining to what should be done with the subdivision when we know it is known violation. Mr. Ashmore stated he wouldn't answer that because he told commission they were in violation and commission knows that. Mr. Robinson made the following motion. RESOLVED that, the City Attorney is requested to submit a written opinion of the disposition of the violation of Bell Creek Farms Subdivision, No. 2. Mr. Salinas stated resolution should be more complete. Mr. Ventura suggested that the City Attorney be requested to give commission written opinion how this commission should be guided on Bell Creek Farms Subdivision, No. 2 in view of the fact that there is a determined violation of the State Law. Mr. Robinson amended his resolution as follows: RESOLVED that, the City Attorney be requested to give commission written opinion how this commission should be guided on Bell Creek Farms Subdivision, No. 2in view of the fact that there is a determined violation of the State Law. There was no support to the motion as made. Mr. Ashmore asked if there was any doubt that they have made sufficient demand Mr. Ventura stated that commission has never received letter demanding approval. Mr. Ashmore read from transcript (page 11) Mr. Baird's letter dated September 15, 1954. Mr. Ashmore asked when this matter would again come before commission so that he can inform Mr. Baird of such when he calls. Mr. Ventura stated the opinion asked for has a definite bearing on the case. At approximately 10:31 p.m. Chairman Peter A. Ventura relinquished the Chair to Acting Vice-Chairman Dallas F. Hay. Upon a motion duly made by Mr. Ventura and seconded by Mr. Robinson, it was #1-24-55 RESOLVED that, the City Attorney be requested to submit opinion as to how a person who is in violation of State Law can make a demand under that law; Mr. Eoff is in violation of State Plat Act still he demands certain rights which he has coming to him under State Act, would not the fact that he is in violation of the State Plat Act have a bearing on his demand. A roll call vote on the foregoing resolution resulted in the following: 2115 AYES: Robinson, Conway, Hay and Ventura NAYS: Greene, Steinhoff and Salinas At approximately 10:36 p.m. Acting Vice-Chairman Dallas F. Hay relinquished the Chair to Chairman Peter A. Ventura. Upon a motion duly made by Mr. Salinas, seconded by Mr. Steinhoff and unanimously carried, it was #1-25-55 RESOLVED that, this meeting be adjourned. At approximately 10:37 p.m. the Chairman called the meeting adjourned. Rufino linas, Secretary ATTESTED: �.�.�. GC• ;� ice_ Peter A. Ventura, Chairman 427e Dallas F. Hay, Acting Vice-Chairman