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HomeMy WebLinkAboutPUBLIC HEARING - 2019-08-21 - REZONING - KRESGE - Pet. 2019-06-01-04 CITY OF LIVONIA PUBLIC HEARING Minutes of Meeting Held on Wednesday, August 21, 2019 ______________________________________________________________________ A Public Hearing of the Council of the City of Livonia was held at the City Hall Auditorium on Wednesday, August 21, 2019. MEMBERS PRESENT: Laura Toy, President Jim Jolly, Vice President Scott Bahr Brian Meakin Brandon Kritzman Kathleen McIntyre Cathy White MEMBERS ABSENT: None OTHERS PRESENT: Mark Taormina, Director of Economic Development Paul Bernier, City Attorney Sara Kasprowicz, Recording Secretary The Public Hearing was called to order at 7:03 p.m. with President Laura Toy presiding. This is a Public Hearing relative to Petition 2019-06-01-04 submitted by Ryan Kresge, to rezone the properties located on the west side of Middlebelt Road between Joy and West Chicago Roads (8999, 8985 and 8981 Middlebelt Road) in the Southeast ¼ of Section 35, from C-1 (Local Business) to R-1 (One Family Residential - 60’ x 120’ Lots) and will also be heard at the September 9, 2019 Regular Meeting. The Public Hearing is now open. There were five people in the audience. Toy: Mr. Taormina. Taormina: Thank you, Madam President, this property is at the southwest ¼ of Middlebelt Road and Dover Avenue. It consists of four platted lots that are described as lots 31 through 34 of E.G. Settle Realty Company’s Bonaparte Gardens Subdivision. The parcel would be address 8999 Middlebelt consists of Lots 31 and 32 and is developed with a single- family home, the other two lots are vacant and contain separate tax I.D. numbers. The three parcels together measure 94 feet frontage on Middlebelt Road by 100 feet along Dover, so for a total of 9,400 square feet. So, the purpose of the rezoning is to bring the current use of the property into compliance with the zoning ordinance. The residential use of this property hasn’t been in existence since 1937, well before the current 2 zoning was established. So, this is considered a valid, non-conforming use. The house is grandfathered, but with limitations and restrictions Section 18.1a of the ordinance specifies that valid non-conforming use is automatically terminated if more than 50% of the building is destroyed and Section 18.21 prohibits increasing the height area or bulk of valid non- conforming building so such limitations do, and restrictions do pose difficulties in obtaining title insurance and financing. The R-1 Zoning requires 60x120 and a lot area of 7200 square feet. Combining these three properties do conform with the minimum lot area and width requirements, however, not the depth, but there is a provision in the ordinance that states there where immoveable, physical boundary limitations exist which prohibit needing a locked-up requirement. That section of the ordinance can be waived by City Council. Planning Commission held a Public Hearing on this item, the Petitioner was present at that hearing, explained the challenges that he has, has had, in selling the property and that this would remedy that situation and for those reasons, the Planning Commission is recommending approval of the rezoning. Toy: Thank you, any questions for Mr. Taormina at this point? No? Anybody representing this Petitioner in the audience by any chance? Number 2, or, yep, 3. Nope? Meakin: Madam, President? Toy: Yes, please. Meakin: Since the Planning Commission held the Hearing with the gentleman here and it does open sale of the real estate, I’m going to offer approving and th go to the September 9 meeting so will have a chance to appear before us with that. Toy: Ok. Ok. Any others? Ok. Sara, you have that one? Kasprowicz: Yes. Toy: Thank you. Sara’s handling pretty darn efficient with this job. As there were no further questions or comments, the Public Hearing was declared closed at 7:07 p.m. SUSAN M. NASH, CITY CLERK