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HomeMy WebLinkAboutPLANNING MINUTES 2017-08-22 MINUTES OF THE 1,109th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, August 22, 2017, the City Planning Commission of the City of Livonia held its 1,109th 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 Peter Ventura Ian Wilshaw Members absent: Kevin Priddy 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 2017-07-01-04 ELIZABETH NACE Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2017- 07-01-04 submitted by Elizabeth Nace pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the property at 9039 Middlebelt Road, located on the west side of Middlebelt Road between Joy Road and Grandon Avenue in the Southeast ' of Section 35, from OS (Office Services)to R-1 (One Family Residential—60' x 120' lots). August 22 2017 28230 Mr. Taormina: This is a request to rezone property from OS, Office Services, to R-1, One Family Residential. This is property that is located on Middlebelt Road a block and a half north of Joy Road. The site currently is zoned C-2, General Business. It's about 8,800 square feet in size and has 80 feet of frontage along Middlebelt and a depth of 110 feet. The existing C-2 zoning district was established in 1970. This is something that the Planning Commission had done in order to make all the properties in this particular block consistent with the Future Land Use Plan and the designation for office in that area. The house, however, existed prior to the zoning change. Once it changed to the OS district, the house was deemed to be a lawful nonconforming use under the OS zoning. The structure was damaged by fire a few years back. Because the structure is damaged beyond a certain extent, it is not allowed to be rebuilt or replaced unless in strict conformance with the ordinance, which would mean that it would have to be rezoned to R-1 or else variances granted. In this particular case, the petitioner is requesting a rezoning to R-1. The lot would be fully conforming to the R-1 district regulations if the zoning change is approved. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Wilshaw: Please. Mr. Taormina: There are three items of correspondence. The first item is from the Engineering Division, dated July 27, 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 existing parcel is assigned the address of #9039 Middlebelt Road. The attached legal description appears to be correct for the parcel, and should be used in conjunction with this petition. The parcel currently has access to City of Livonia owned storm sewer, sanitary sewer and water main. Should the owner need to revise service lead locations to the existing structure, plans should be submitted to this department to determine if permits will be required. Any work within the Middlebelt Road right-of-way will require permits from the Wayne County Department of Public Services."The letter is signed by David W. Lear, P.E., Assistant City Engineer. The second letter is from the Treasurer's Department, dated August 3, 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 August 3, 2017, which reads as August 22, 2017 28231 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: The petitioner does not appear to be here before us tonight, so are there any questions of the Planning Director? Mr. Caramagno: Mark, when we had the study session, we talked about if there were any plans for this property as far as what's going to happen to the house. Did you hear anything from the petitioner? Mr. Taormina: I'm not aware that they replied to any of our questions that were submitted to them via email. I'm not sure what the exact plans are for reconstructing the house on this property. Mr. Caramagno: Thank you. Ms. Smiley: If the petitioner is not here and we don't have any answers to our questions, I'm not comfortable doing anything about it this evening. Mr. Wilshaw: Any other comments? As this is a public hearing, I will again note that the petitioner does not appear to be here, and we have no one in the audience. In the course of a normal public hearing, it would be appropriate to give an opportunity for the audience to have any communication. But since there is none, we won't have any, but we can say that we did it. With that, if there are no other comments from the commission, I would entertain a motion. Mr. Ventura: I move that we table this motion to the meeting of September 5. On a motion by Ventura, seconded by Smiley, and unanimously adopted, it was #08-46-2017 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on August 22, 2017, on Petition 2017-07-01-04 submitted by Elizabeth Nace pursuant to Section 23.01 of the City of Livonia Zoning Ordinance#543, as amended, requesting to rezone the property at 9039 Middlebelt Road, located on the west side of Middlebelt Road between Joy Road and Grandon Avenue in the Southeast 1/4 of Section 35, from OS to R-1, the Planning Commission does hereby table this item until September 5, 2017. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. The item has been tabled. August 22, 2017 28232 ITEM #2 APPROVAL OF MINUTES 1,108TH Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,108th Regular Meeting held on July 18, 2017. On a motion by Smiley, seconded by Long, and adopted, it was #08-47-2017 RESOLVED, that the Minutes of 1,108th Public Hearings and Regular Meeting held by the Planning Commission on July 18, 2017, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Smiley, Long, Ventura, Caramagno, Wilshaw NAYS: None ABSENT: Priddy ABSTAIN: McCue Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,109th Public Hearings and Regular Meeting held on August 22, 2017 was adjourned at 7:08 p.m. CITY P ING COMMISSION Id -.mow am .m— am "1 amagno, Secretary ATTEST: Ian Wilshaw, Chairman