Item Coversheet

City of Marquette, MI
300 West Baraga Avenue
Marquette, MI 49855


Agenda Date: 7/12/2021

Public Hearing(s)
Planned Unit Development Major Amendment Request - Roll Call Vote

BACKGROUND: 

On March 8, 2010, the City of Marquette executed a Planned Unit Development (PUD) Agreement with Lakeshore Residences, LLC, after approving the Qualification Criteria, Preliminary Site Plan, Final Site Plans, and the Master Deed for the Picnic Rocks Pointe PUD.

 

Julie Bowerman of 1301 Picnic Rocks Drive, has submitted an application with the support of the Picnic Rocks Pointe Homeowners Association Board, for a Major Amendment to the PUD. Ms. Bowerman's request is to allow a 6' closed construction fence that was built around her home without a permit to remain in place unaltered. The current language of paragraph 7.6 Codes and Ordinances of the PUD Master Deed:

 

“7.6 Codes and Ordinances. In addition to the construction requirements in this section, all buildings and other- structures must comply with applicable building and other structures must comply with applicable building, mechanical, electrical, and plumbing codes of the applicable jurisdictions in effect when the building or structure is erected.”


Revise paragraph 7.6 Codes and Ordinances of the PUD Master Deed to read as follows:
“7.6 Codes and Ordinances. In addition to the construction requirements in this section, all buildings and other- structures must comply with applicable building and other structures must comply with applicable building, mechanical, electrical, and plumbing codes of the applicable jurisdictions in effect when the building or structure is erected with an exception to permit the existing six-foot high closed construction vinyl fence on Lot #9 to remain in place.”

 

In accordance with the procedures for a Major PUD Amendment (Section 54.323(N)(2) of the Land Development Code), the Planning Commission held a Public Hearing regarding this request on June 1, 2021, and made the following motion:


It was moved by M. Dunn, seconded by A. Andres, and carried 5-1 that after conducting a public hearing and review of the PUD application with support information, staff memo and attachments for 01-PUD-05-09-A8, the Planning Commission recommends that the PUD amendment request be denied by the Marquette City Commission for the reasons discussed in the meeting.

 

Yes: A. Andres, M. Dunn, S. Mittlefehldt, M. Larson, J. Cardillo

No. W. Premeau

 

The Planning Commission provided their recommendation on this request to the City Commission, and staff has thus requested a public hearing to be scheduled for this date. The public hearing shall hence be conducted in accordance with section 54.1406 of the Land Development Code.

 

Following the submittal of the recommendation from the Planning Commission, the City Attorney reviewed the language and determined that the applicant's property should be referred to as a Unit, rather than a Lot. This change should be reflected in any affirmative motion by the City Commission.

 

The City Commission scheduled this public hearing at the June 14, 2021 regular meeting.


FISCAL EFFECT: 
None.

RECOMMENDATION: 
Following the Public Hearing, deny the PUD Amendment request as recommended by the Planning Commission.

ALTERNATIVES: 
Grant the PUD Amendment request and correct all references to the applicant's "lot" to properly refer to it as a "unit".

ATTACHMENTS:
Description
Planning Commission Case File 01-PUD-05-09-A8_06012021
Planning Commission Draft Meeting Minutes of 6-01-2021