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Council approves consent judgment resolving rezoning litigation for Cloverport parcels; neighbors express surprise
Summary
Rochester Hills approved a consent judgment Nov. 10 settling litigation over three parcels at Cloverport Avenue and Rochester Road. The settlement allows construction of 11 single-family homes with limited variances (reduced lot widths and right-of-way reductions) to preserve trees; a nearby resident said notice arrived only the same day.
The council voted Nov. 10 to approve a proposed consent judgment that resolves litigation involving three contiguous parcels west of Rochester Road and south of Cloverport Avenue.
City attorneys and planners said the parcels — roughly four acres of steep, wooded land with constrained access — were rezoned in 2022 from industrial to residential after planning-commission review. The property owner had filed suit claiming the rezoning constituted an unlawful taking. Negotiations produced a consent judgment that would allow 11 single-family homes while granting limited deviations from city standards to preserve natural features: two lots fronting Cloverport would have 75-foot widths (vs. the standard 80 feet), the road right-of-way would be reduced from 60 to 50 feet and sidewalks would be waived for the new street. City staff said the plan would still meet the city's 40% tree-preservation requirements.
A neighboring resident, Nancy Riley of 69 Cloverport, asked for a copy of the consent judgment and said neighbors received notice that day and had not had time to review the agreement; staff explained litigation confidentiality limited earlier disclosure and said mailed notices were sent per city policy. Council members framed the consent judgment as a compromise to avoid trial and the risk of an industrial use that the city considered inconsistent with surrounding neighborhoods. Council voted to approve the consent judgment unanimously.
Provenance: attorney's report, planning presentation, resident comment, council motion and vote at the Nov. 10 meeting.
