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HomeMy WebLinkAboutPLANNING MINUTES 2017-02-07 MINUTES OF THE 1,101ST PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, February 7, 2017, the City Planning Commission of the City of Livonia held its 1,101st Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Ian Wilshaw, Chairman, called the meeting to order at 7:00 p.m. Members present: Sam Caramagno Glen Long Betsy McCue Carol Smiley Kevin Priddy Peter Ventura Ian Wilshaw Members absent: None Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program Supervisor, were also present. Chairman Wilshaw informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in turn, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their filing. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2017-01-01-01 D S HOMES Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2017- 01-01-01 submitted by D S Homes L.L.C. pursuant to Section 23.01 of the City of Livonia Zoning Ordinance#543, as amended, requesting to rezone the property at 29220 Roycroft Avenue, located on the north side of Roycroft Avenue between Garden Avenue and Middlebelt Road in the Southwest 1/4 of Section 13, from C-2 (General Business) to R-1 (One Family Residential). February 7, 2017 28056 Mr. Taormina: The property that is the subject of this rezoning petition is 29220 Roycroft. It is located a couple blocks north of Five Mile Road on the east side of Middlebelt. This property is about 12,600 square feet in size, just under 0.3 acre. It is 90 feet in width by approximately 140 feet in depth. Currently, the site is vacant. The house that was located on the property was recently razed. The purpose of the rezoning is to allow for the construction of a new single family home. The R-1 zoning as proposed would require a minimum lot size of 60 feet by 120 feet and 7,200 square feet in lot area. Under the current C-2 zoning, residential dwellings are not allowed. Because the previous house on the site was built prior to when the commercial zoning was established, which according to city records occurred around the mid-1950's, the use was considered lawful. In the 1950's when the property was rezoned from RUF to C-2, it was owned in common with the adjacent lot to the west. Following the rezoning to C-2, the owner of the property at that time built a small commercial block building on the adjacent lot. Sometime along the way, the house and the block building came to be owned separately. Last summer, the house was demolished and the property was subsequently sold to its current owner, D S Homes, L.L.C. Once the house was demolished, the residential use of the property automatically lost its legal nonconforming status. The change of zoning to R-1 will allow for a new residential structure to be built in conformance with the ordinance. The properties immediately to the north of this site along Rayburn contain single family homes. The property immediately to the west contains a small block building, and moving further west, right at the northeast corner of Middlebelt and Roycroft Avenue, is a 7-11 store. To the east there are homes located within the R-U-F and R-1 zoning classifications. The property is designated as General Commercial on the Future Land Use Plan. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: There are three items of correspondence. The first item is from the Engineering Division, dated January 13, 2017, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed rezoning at this time. The legal description included with the petition appears to be correct and should be used in conjunction with this petition. The existing parcel is assigned the address of 29220 Roycroft Avenue. The existing parcel is currently serviced by public water main, sanitary sewer and storm sewer. Should the owner wish to develop the parcel, drawings will need to be submitted to this department for February 7, 2017 28057 permitting prior to any construction."The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Treasurer's Department, dated January 12, 2017, which reads as follows: "In accordance with your request, the Treasurer's Office has reviewed the address connected with the above noted petition. At this time, there are no outstanding amounts receivable for taxes. Therefore, I have no objections to the proposal." The letter is signed by Lynda Scheel, Treasurer. The third letter is from the Finance Department, dated January 14, 2017, which reads as follows: "I have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to the proposal."The letter is signed by Coline Coleman, Chief Accountant. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? Seeing none, we will go to the petitioner. Mr. Duggan, we will need your name and address for the record please. Brian Duggan, D S Homes L.L.C., 14315 Denne, Livonia, Michigan 48154. I'm here tonight to down-zone this property. I was surprised when we purchased it, We found it was commercial zoning. There is residential behind me. There is residential in front of me, and there is residential right to the east of me. The garage that was mentioned, I am trying to purchase that we so we can put two new homes in there, but the lady who owned it just passed away and her son does not have control over it at this time, he said. But as I said, we are technically just down-zoning. As I look at this, I'm not even quite sure why they did it in the '50's as commercial, but they did. Mr. Wilshaw: Thank you. Are there any questions for the petitioner? Mr. Ventura: Mr. Duggan, so it's your intention ultimately to try and buy the land to the west. Mr. Duggan: To the west, if possible, correct. Mr. Ventura: And then build two houses there. Mr. Duggan: Correct. But right now, there will be just one house on the lot. Mr. Ventura: How long will you defer building the first house? Mr. Duggan: Well, I'd like to get it going as soon as possible. I have to call the guy back in two more weeks, he said. So if I don't get an answer February 7, 2017 28058 by the end of this month, I'm going to have to assume he's not going to sell it. Mr. Ventura: Thank you. Ms. Smiley: If you did get that lot, would you split those more evenly because your lot is pretty big and that one is small. Mr. Duggan: Yes, I would. In fact, the house that we will build will be closer to the east for that reason, and then we can add the extra footage. Ms. Smiley: Your lot is considerably bigger. Okay. Thank you. Mr. Wilshaw: Is there anybody in the audience that wishes to speak for or against this item? No one is coming forward. Mr. Duggan, is there any other comments you want to add before we proceed? Mr. Duggan: No. I think Mark did a great job. I just want to put up a single family home and blend in with the neighborhood. Mr. Wilshaw: Thank you, Mr. Duggan. I will close the public hearing and ask for a motion. On a motion by McCue, seconded by Priddy, and unanimously adopted, it was #02-12-2017 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on February 8, 2017, on Petition 2017-01-01-01 submitted by D S Homes L.L.C. pursuant to Section 23.01 of the City of Livonia Zoning Ordinance#543, as amended, requesting to rezone the property at 29220 Roycroft Avenue, located on the north side of Roycroft Avenue between Garden Avenue and Middlebelt Road in the Southwest 1/4 of Section 13, from C-2 to R-1, the Planning Commission does hereby recommend to the City Council that Petition 2017-01-01- 01 be approved for the following reasons: 1. That the proposed change of zoning is compatible to and in harmony with the surrounding land uses and zoning districts in the area; 2. That the proposed change of zoning will provide for single family residential development similar in density to what is existing in the neighboring area; 3. That the proposed change of zoning would provide for the development of the subject property in a manner that is consistent with its size and location; and February 7, 2017 28059 4. That the property involved in this request would be in full compliance with R-1 District regulations. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #2 APPROVAL OF MINUTES 1,100TH Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,100th Public Hearings and Regular Meeting held on January 24, 2017. On a motion by Ventura, seconded by Long, and unanimously adopted, it was #02-13-2017 RESOLVED, that the Minutes of 1,100th Public Hearings and Regular Meeting held by the Planning Commission on January 24, 2017, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Ventura, Long, McCue, Priddy, Smiley, Caramagno, Wilshaw NAYS: None ABSENT: None ABSTAIN: None Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,101st Public Hearings and Regular Meeting held on February 7, 2017-,ANas adjourned at 7:11 p.m. CITY PLANNING COMMISSION Sam CaYamagno, Secretary ATTEST: Ian Wilshaw, Chairman