HomeMy WebLinkAboutPLANNING MINUTES 1954-11-16 MINUTES OF THE 51ST REGULAR MEETING
OF THE CITY PLANNING COMMISSION
The 51st Regular Meeting of the City Planning Commission was held on Tuesday,
November lb, 1954 at the City Hall, Livaiia, Micnigan.
Tne Regular meeting was called to order by Chairman Peer A. Ventura at
approximately 13:01 p.m.
Members present: William Robinson Dallas F. Hay H. Paul Marsha
Robert L. Greene Adelaide Nielsen Peter A. Ventura
Karle Steinhoff Rufino Salinas
Members absent: *Edwin Conway
The following were present together with approximately 15 people attending
the 51st Regular Meetings
Mr. Max Kohler, Building Inspector
Lieutenant Bob Perry - Fire Department
Edward F. Steiner, Director of Public Safety
The secretary announced that the first item on the agenda .was a discussion
of the Heiman Park Subdivision and Heiman Park Subdivision, No. 2 located in
the West 1/2 of the Northeast 1/4 of Section 9 and situated South of Seven
Mile Road between Gill and Stamford Roaas. Messrs. Cnarles Heiman and
Anthony Marchese, Attorney, were present.
Mr. Heiman stated the Planning Commission gave tentative approval to the entire
1[40 subdivision July 21, 1953 and tne City Council gave approval to the entire sub-
division December 17, 1953. Was not able to raise money for the bond for the
entire subdivision. Asked permission of City Council to put in improvements
himself and post bond for roads only. Approval given and subdivision split in
to two parts.
Mr. Ventura asked whether tne North part was completely built up. Mr. Heiman
stated 15 lots were not built on. People living in 14 of the homes.
Mr. Heiman stated he nas storm sewer and septic tanks. Had a soil test from
the Wayne County board of Healtn. There is an 11 foot diameter culvert drain.
The secretary read a letter dated October 29, 1954 addressee to Mr. Heiman
from Peter A. Ventura.
Mr. Ventura stated that Mr. Heiman never came before commission with final or
record plat and that it is over one year since Planning Commission's tentative
approval. According to the Subdivision Rules and Regulations the plat is now
hull and void.
Mr. Heiman stated that he called City Clerk's office during duly, 1954 to in-
form them that he was ready to start second half of subdivision. Was told that
he could go ahead. Filed a petition for re-zoning in October. Explained
problem to Mr. Russell C. Ashmore and was told by him that he could go ahead
with improvements. Asked for a letter stating this in October. Received
letter November 5, 1954. Did not submit plat because of Mr. Ashmore's letter.
Page 123, Vol. 4
41
The secretary read the letter dated November 5, 1954 addressed to Mr. Charles ra°�
Heiman from Russell C. Ashmore.
Mr. Ventura stated he did not see how Mr. Ashmore could write this letter when
it was over one year since tentative approval was given by Planning Commission.
Recommended that Mr. Heiman go through the motions of re-submitting preliminary
plat. At that time would like to see proposed method of deposing of sewage.
Understand the school board is coneernea as to the necessary school facilities
in area. Suggested a letter be submitted from School Board.
Mr. Robinsnn made the following motion:
RESOLVED that, Mr. Charles Heiman be instructed to re-submit preliminary
plat of Heiman Park Subdivision, and
FURTHER RESOLVED, that at tnis time the Planning Commission should be
provided with letter from tne School Board as to the school facilities
and a plan showing the storm sewer system.
The Unairman declared the above motion died because of lack of a second.
Mr. Heiman stated tnat the plan of storm sewers was approved by the City
Engineer.
Mr. Hay stated that inasmuch as tnis plat was given tentative approval by tne
City Planning Commission and City Council decided to divide subdivision into
two parts for bonding purposes, that said plat should be referred back to City
Council. A great deal of expense is involved in re-drawing plats, etc. Did
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not see now commission could penalize Mr. Heiman.
Mr. Ventura stated it is a common practice to split subdivision after Planning
Commission has given tentative approval.
Upon a motion duly made by Mr. Salinas and seconded by Mr. "ay, it was
RESOLVED that, Mr. Cnarles Heiman be granted an extension of time
beyond tne one year time.
Chairman Peter A. Ventura ruled the above motion out of order as he did not
think it reasonable that subdivider could come in year or two after time had
elapsed and obtain extension.
Mr. Salinas stated it was a matter of interpretation.
Mr. Heiman stated he would have come before commission and askea for an
extension if he had known.
Mr. Robinson stated Mr. Ashmore has suggested that land be re-zoned before
commission should consider proposed subdivision. Suggested matter be tabled
until commission has considered zoning petition.
Mr. Robinson made the following motion:
RESOLVED that, matter of Heiman Park Subdivision be tabled until the
commission has had opportunity to consider zoning petition.
Z.4a.
Mr. Greene asked what would be gained by tabling matter.
The Chairman declared the above motion died because of lack of a second.
Mr. Salinas stated the commission should not penalize Mr. Heiman because
Mr. Ashmore's directive was issued after subdivision had been given tentative
approval.
Mr. Salinas asked Unairman Peter A. Ventura whether it was right he should
rule his motion out of order.
Unairman Peter A. Ventura called a recess at approximately 8:40 p.m. in order
to give Mr. Russell Ashmore opportunity to be present.
Chairman Peter A. Ventura called the meeting to order at approximately 8:77 p.m.
*Mr. Edwin Conway arrived at approximately 8:50 p.m.
Mr. Hay asked Mr. Ashmore whether the commission had the power to extend time
after it has elapsed.
Mr. kshmore stated commission could extend time if it felt there was cause
and extenuating circumstances. Commission must weigh the facts. Should ex-
tend the time up to the time of the nearing.
Mr. Hay asked whether or not this matter belonged under the jurisdiction of
the City Council.
Mr. Ashmore stated he believed under the Planning Act it states its within
jurisdiction of commission if there is a Planning Commission.
Mr. Ventura stated there are other subdivisions which have been broken up and
they are coming back before commission for each section.
Mr. Ashmore stated there should be written application addressed to commission
stating reasons and then on the basis of these reasons commission can see fit
or not see fit to extend time.
Mr. Greene asked for clarification of "r. Ashmorets letter addressed to
Mr. Holman dated November 5, 1954.
Mr. Greene stated in view of City Attorney telling nim to go ahead with im-
provements, why tnen is Mr. Heiman before commission tonight.
Mr. Heiman stated he wanted to know if the date started from the tentative
approval date or the City Council date.
Mr. Ventura stated Mr. Heiman should follow procedure. Must re-submit plat.
Mr. Hay made the following motion:
RESOLVED that, the matter of Heiman Park Subdivision be placed on file.
Mr. Hay withdrew motion after asking Mr. Ashmore whether he tnought matter was
rightfully before commission. Mr. Ashmore stated Mr. Heiman should have
written letter asking extension of time.
124
Mr. Ventura stated the Subdivision Rules and Regulations do not state the one '
year starts after City
Council approval. Maintain stand that extension of time
should be asked for before time has elapsed.
Mr. Ashmore stated he did not think Mr. Ventura's stand would stick.
Upon a motion duly made by Mr. Hay and seconded by Mr. Salinas, it, was
RESOLVED that, matter of Helman park Subdivision be placed on file
and that Mr. Helman should submit written application to this
commission requesting extension of time on said subdivision.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Conway, Greene, Steinhoff, Hay, Nielsen, Harsha, Ventura and Salinas
NAYS: Robinson
Mr. Ashmore left the meeting at approximately 9:20 p.m.
Tne secretary announced that the next item on the agenda was Petition No. Z-58
by Cyriel and Julia DeBusschere asking that the zoning classification of
Parcel GG13c2 located on the Northwest corner of Gill and Seven Mile Roads in
the Southwest 1/4 of Section 4 be changed from AG to RUFB.
The petitioners or a representative were not present.
Upon a motion duly made by Mr. Hay, seconded by Mr. Salinas and unanimously
carried, it was
RESOLVED that, pursuant to a Public Hearing having been held on
September 21, 1954 on Petition No. Z-58 as submitted by Cyriel and
Julia DeBusscnere for a change of zoning in the Southwest 1/4 of
Section 4 from AG to RUFB the City Planning Commission does hereby
recommend to the City Council that Petition No. Z-58 be denied with—
out prejudice, and
FURTHER RESOLVED, notice of the above nearing was published in the
official newspaper, The Livonian under date of August 2b, 1954 and
notice of whicn hearing was sent to The Detroit Edison Company,
Cnesapeake & Ohio Railway Company, Michigan Bell Telephone Company,
The Consumers Power Company, City Departments and petitioner as
listed in the Proof of Service.
The Chairman declared the foregoing resolution adopted.
The secretary reaa the petition dated October 5, 1954 by Henry Carnick,
Carnick Oil Company asking permission to establish a two stall gasoline
service station on Outlot A, Greenette Subdivision located on the Southeast
corner of Plymouth Road and Garden Avenue in the Northwest 1/4 of Section 3b.
The secretary read the letter dated October 15, 1954 from Calvin Roberts,
Cnief Livonia Fire Department. Mr. Edward T. Ives was present representing
the petitioner.
Mr. Perry stated that the City Planning Commission or some other department
should take steps to obtain hydrants on both sides of Plymouth Road and other
busy highways. It is dangerous to nave lines stretched across Plymouth.
0.
a'45
Mr. Ventura asked the cost of tne Proposed station. Mr. Ives stated approxi—
mately *30,000.
Mr. Ives submitted pictures of the proposed station and a letter from
Miss Kathlean D. Cranick dated October 5, 1954 stating that she is owner of
Lot No. 16, Ureenette Subdivision which is adjoining Outlot A and that
she approves of such use.
Mr. Salinas stated that Mr. Zucke has had a petition before the commission for
a gas station just two lots East of Outlot A.
Mr. Ventura stated Mr. Zucke nas had every opportunity to submit the necessary
information requested by commission.
Mr. Salinas asked the nearest existing station to this proposed station.
Mr. Ives stated tnere is a temporary station near Middlebelt.
Mr. Hay asked how many stations were between Inkster and Middlebelt Roads.
Mr. Perry stated there are three or four on the South side of Plymouth Road.
Mr. Hay stated the petition by Mr. Bowers was denied as there were too many
stations along Plymoutn. Mr. Ventura stated Mr. Bowers petition was denied
as there were already two stations at tne intersection or Schoolcraft and
Farmington Roads and that Plymouth Road was not involved.
No one was present opposed to the petition.
Upon a motion duly made by Mr. Conway and seconded by Mr. Salinas, it was
RESOLVED that, pursuant to a Public Hearing having been held
October 19, 1954 the City Planning Commission does hereby grant
the petition of Henry Carnick, Carnick Oil Company asking
permission to establish a two stall gasoline service station on
Outlot A, Ureenette Subdivision located on the Southeast corner
of Plymouth and Darden Avenue in the Northwest 1/4 of
Section 36, and
FURTHER RESOLVED, notice of the above hearing was sent to the property
owners within 500 feet, petitioner and City Departments as listed in
the Proof of Service.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Robinson, Conway, Greene, Steinhoff, Nielsen, Marsha, Ventura and
Salinas
NAYS: Hay
Mr. Hay stated that ne t,hougnt Mr. Zucke should be given further consideration.
The secretary announced tnat the next item on the agenda was the submission of
final plat of Rosedale Meadows Subdivision located approximately 120 feet
South of West Chicago Blvd. having an approximate frontage on West side of
Merriman Road of 1,800 feet and situated in the Southeast 1/4 of Section 34.
The secretary read the following letters (a) sated October 25, 1954 from
Mr. Leonard R. Farber; (b) dated October 15, 1954 from Mrs. Marie W. Clark,
City Clerk and (c) dated July 22, 1954 from Herald 1 . Hamill,. Mr. Leonard R.
9(
Farber was present. (7)
Mr. Ventura asked if the final plat had been changed in any way since
tentative approval. Mr. Farber stated it had not.
Mr. Harsha asked if this was a true copy of the plat as approved by
Mr. Hamill, Mr. Farber stated it was and .that the County made photostat
of recorded plat.
Upon a motion duly made by Mr. Salinas, seconded by Mr. Conway and unanimously
carried, it was
RESOLVED that, final plat of Rosedale Meadows Subdivision (does not
include Rosedale Meadows Subdivision, No. 2) located in the South-
east 1/4 of Section 34 be given final approval, anu
FURTHER RESOLVED, inasmuch as it appears on the records that tentative
approval of said proposed plat was given oy the City Planning Commission
under date of June 21, 1954; and it further appearing that said pro-
posed plat together with tne plans and specifications for improvements
therein have been approved by the Department of Public Works; and it
further appearing that a bond in the amount of $300,000. to cover tne
installation of improvements has been filed in the office of the City
Clerk under gate of July lb, 1954; such bond having been approved by
Russell C. Asnmore, City Attorre y, on July 16, 1954 it would therefore
appear that all the conditions necessary to the release of building
permits have been met and the building Department is hereby so notified.
The Chairman declared the foregoing resolution adopted.
The secretary read the letter dated October 24, 1954 from Louis Jensen re-
garding Hearthstone Subdivision located in the West 1/2 of Section 1. The.
secretary read tne letter dated October 29, 1954 addressed to Mr. Jensen from
the Planning Commission. Mr. Jensen was not present.
There was a lengthy discussion regarding the proposed Hearthstone Subdivision
and its status. The secretary read the resolution adopted by the Planning
Commission at the 43rd Regular Meeting Marcri 14, 1954.
Cnairman Peter A. Ventura relinquished the Chair to Vice-Chairman H. Paul
Harsna at approximately 9:5) p.m.
Vice-Cnairman H. Paul Harsna relinquished the Unair to Chairman Peter A.
Ventura at approximately 9:57 p.m.
Upon a motion duly made by Mr. Robinson, seconded by Mr. Greene and
unanimously carried, it was
RESOLVED that, letter dated October 24, 1954 from Louis Jensen re-
garding Heartnstone Subdivision be placed on file.
The Chairman declared the foregoing resolution adopted.
The secretary read the letter dated September 2ri, 1954 from E. H. Xnebush,
Mills & Knebusn regarding street requirements ana septic tanks. The secretary
also read letter dated October 29, 1954 from Mr. Alfred A. Gannon, Wayne
D
Per
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County board of Health. The secretary announced that the commission was not
in receipt of an answer to the letter addressed to Mr. James Nicholas, Depart—
ment of Public Works.
Mr. Ventura stated that it is common knowledge that the Planning Commission
and the City Council frowns on lots less than 1/2 acre using septic tanks.
Upon a motion duly made by Mr. Conway, seconded by Mr. Steinnoff and
unanimously carried, it was
RESOLVED that, letter dated September 2o, 1954 from Mr. E. H. Knebush
Mills & Knebush regarding street requirements and septic tanks be tabled
until the necessary information is gathered to answer said letter.
The Cha firman declared the foregoing resolution adopted.
The secretary read the letter dated October 2b, 1954 from Mr. William
Brasnear, Brasnear ana Brasnear regarding regarding Louis Garofalo.
Upon a motion a my made by Mr. Hay, seconded by Mr. Robinson and unanimously
carried, it was
RESOLVED that, letter dated October 2b, 1954 from Mr. William
Brasnear, Brasnear and Brasnear regarding Louis Garofalo be placed
on file.
The Chairman declared the foregoing resolution adopted.
The secretary read the letter dated October 29, 1954 from Henry J. Sullivan,
The Detroit Edison Company regarding Waring and Johnson's recommendation on
the street names in Rosedale Meadows Subdivision.
Upon a motion duly made by Mr. Hay, seconded by Mr. Conway and unanimously
carried, it was
RESOLVED that, letter dated October 29, 1954 from Henry J. Sullivan
The Detroit Edison Company regarding Waring and Johnson's recommen—,
dation on street names in Rosedale Meadows Subdivision be placed on
file.
The Chairman declared the foregoing resolution adopted.
The secretary read letter dated November 16, 1954 from Russell C. Ashmore,
regarding Waring and Johnson and the records in their possession belonging
to City of Livonia and/ or Planningcommission.
Mr. Russell Ashmore was asked to be present at this time. Mr. Ashmore arrived
at approximately 10:15 p.m.
Mr. hay stated to his knowledge Mr. Waring has plat book holder and plat
sheets which would nave notations thereon.
Mr. Ashmore stated he had talked to Mr. Waring and he stated he had made
certain additions to these pages. Indicated his williness to turn over
commission records. Mentioned a sum of money in addition to his monthly
1[23
retainer fee. Unarge will be for making a duplicate copy.
Mrs. Nielsen suggested he nave a copy made for himself.
•
Mir. Harsha stated that if commission can establish it was on the time paid
for by Planning Commission and not on his own time, commission should get
record back. Drawing time was separate.
Mr. Ventura stated that if he has defaced the book by making additional mark-
ings thereon, the commission should over-look this if the book is returned.
Mr. Hay stated the demand should be made and a Writ of Replevin followed up
immediately.
Mr. Conway asked about the tracings of the population density map and master
plans.
Mr. Hay suggested the Writ state plat book and all papers pertaining to City
of Livonia and/or Planning Commission.
Mr. -arsha stated wording should be plat book and all papers pertaining to
City of Livnnia and/or Planning Commission plus all tracings and original
copies of all records.
Mr. Ventura stated that it is his understanding that a letter should be
forwarded to Mr. Ashmore from commission stating the tnings commission feels
should be returned.
Mr. Conway asked Mr. Ashmore about the bonds on topsoil that are released and
how the commission is to know that they are released. Referred to the Cummins
bond.
Mr. Ashmore stated he does not release the bonds on topsoil. Stated it was
nis opinion that the Topsoil Committee of the Planning Commission should
initiate the release of bonus.
Mr. Ventura stated that before the Cummins bona was released Mr. Wood should
have told commission tnat he had looked into it and aid not agree witn the
findings of tne Topsoil Committee.
Mr. Robinson stated the minutes of the meeting October 19, 1954, Page 10), Vol.4
should have incorporated the recommendations of the Topsoil Committee in
their entirety. Mr. Salinas stated tnis letter was on file ana that it was
not necessary to copy letter into minutes. Mr. Robinson. stated, he was
satisfied as long as the letter is in the files.
Upon a motion duly made by Mr. Hay, seconded by Mrs. Nielsen and unanimously
carried, it was
RESOLVED that, minutes of tne meetings September 21, 1954, October 7,
1974 and October 19, 1954 be accepted as received.
Trie Cnairman declared the foregoing resolutirn adopted.
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Mr. Ashmore stated that Lot 3b, Liverance Subdivision according to his find-
ings is within the C-2 area ana that he nas told the Judge ne will enter into
hat J
a stipulation regarding tne measurement of tnis lot. Mr. Perlongo has stated
that Mr. (iarofalo will not go ahead and build until the people's suit Filed
last Friday has been decided.
Mr. Hay gave an explaination of the committee's work in squaring off C-1 and
C-2 corners before Zoning Map was voted on by the people. Stated as he re-
membered it although he was not a member of tnis committee Waring and Jonnson
was instructed tnat tne 300 feet from the South line of the new Six Mile Road
was to be C-2.
Mr. Ventura stated tnat it is his understanding tnat Mr. Ashmore does not wish
to contest fight on tne grounds of the zoning.
Mr. Ashmore stated that he would like to go through Waring ana Johnson's files
with a Discovery Order. Mr. Ashmore stated it is clear in his mind that lot
is C-2 and that he cannot, prove otherwise. Asked if commission knew of any-
thing in writing when proposed Zoning Map was discussed and studied.
The secretary reminded members of meeting Thursday, November lt$, l954 at 8:00
p.m. with Mr. Alpe E. Munson.
Mr. Hay mentioned tne Brookdale Cemetery located Northeast corner of Miadlebelt
and Six Mile Roads and that there has been burials less tnan the required six
feet.
Upon a motion duly made by Mr. Conway, seconded by Mrs. Nielsen and unanimously
carried, it was
RESOLVED that, this meeting be adjourned.
At approximately 11:24 p.m. the Chairman declared tne meeting adjourned.
Al
Ru ' no linas, ecretary
ATTESTED:
Peter A. Ventura, Cnairman
‘k( -)HA
,Th Harshe., Vice-Chairman