| REGULAR MEETING |
MAY 8, 2008 |
| PLANNING COMMISSION |
1 - 1 |
The meeting was called to order by Chairman Heidt at 7:30 p.m. A quorum was present.
PRESENT
Chairman John Heidt; Commissioners Kathy Amerman, Gary Goodenow, Larry Keef, Larry Martin, Peter Murad, Karen Worrell
ALSO PRESENT Building Official Randy Sapelak; Planning Consultant Nick Lomako
ABSENT Commissioners Craig Johnston, Stanley Zasuwa
APPROVAL OF MINUTES
Regular Meeting April 10, 2008
PC-08-17 Amerman moved, Zasuwa seconded, to accept the minutes of the regular Planning Commission meeting of April 10, 2008, as amended: Page 1-2, third paragraph, last line, “…did not received approval…” change to “…did not receive approval…” Motion CARRIED
PUBLIC HEARING
SP-07-03, Milford House Revision to Site Plan, Req. For 40 Outdoor Seats on Private Property With Entertainment
PC-08-18 Amerman moved, Keef seconded, to open the Public Hearing at 7:31 p.m. Motion CARRIED
James Eppink of J. Eppink Partners, Inc., 39 S. Main, Clarkston, and Perry Sinacola, owner of Milford House Bar & Grill, 101 E. Commerce, were present to ask for an amendment to the approved site plan, SP-07-03. Mr. Eppink explained that Mr. Sinacola is requesting to have seasonal outdoor seating for approximately 40 seats and occasional outdoor entertainment. Mr. Eppink said Village Manager, Arthur Shufflebarger has approved seating for 20, but referred a higher request for seating to Planning Commission. Mr. Eppink said it will not be necessary to increase the number of bathroom stalls because of the additional outdoor seats. He explained that Mr. Sinacola would like to have 1 or 2 guitar players on a more frequent basis, while being able to have a larger type band once or twice a month without having to seek approval from the Village Manger each time. He said the area where the band would be set up would not interfere with traffic.
Mary Lou Gharrity, 510 Union, was present and stated that she was not against the owner having outdoor entertainment, but would request that it stop before 11:00p.m.
Lorenza Mueller, 528 Union, was present and said the letter the Commissioners received tonight is from her and addresses concerns she has pertaining to the outdoor entertainment request (on file at Village office). She proceeded to explain that she has no problem with the outdoor entertainment as long as it is in conjunction with the other festivals in the Village such as Milford Memories and Shop, Rock and Stroll. She said this past weekend a fund raiser was held at the Pink Door on N. Main St. and E. Liberty and the music could be heard at her house.
Commissioner Keef said without having had this type of situation before it’s hard to make a determination on what the impact would be, but doesn’t believe the residential areas would be affected.
Commissioner Goodenow said he thought having outdoor entertainment every Saturday night would be an imposition on the residents. He said he would be in favor of limiting the outdoor entertainment request to festival weekends only.
Commissioner Worrell said she lives on Union as well and rarely hears the music from activities downtown. She said it all depends on which way the wind is blowing. Mr. Eppink explained that the band wouldn’t set up until 8p.m. and would then want to perform until 12:00 a.m. when outdoor seating ends.
The Commissioners, Mr. Lomako, Mr. Eppink and Mr. Sinacola discussed the following: The current ordinance would allow Mr. Sinacola to have a band inside the restaurant. Limiting a larger band to only twice a month and allowing one or two guitar players more frequently. If Mr. Sinacola was limited to only having a band twice a month would the festivals count as one of those times. Keeping the decibel level to ordinance standards would be a challenge for any band. How to control the nuisance affect on the residents.
Mr. Lomako reviewed his letter dated 4/28/08 (on file at Village office).
There was no further comment from the Public.
PC-08-19 Goodenow moved, Amerman seconded, to close the Public Hearing at 7:55 p.m. Motion CARRIED
Mr. Eppink said they would prefer to be allowed to have a larger, 4-5 piece band, twice a month as well as during the festival weekends and be permitted to have the band perform until 12:00 a.m. when the patio closes. He said they would like to have the two person guitar entertainment on a more frequent basis.
Chairman Heidt said he would be in favor of voting conservatively for the first year, allowing a band once a month, plus festivals and then in a year if all has gone well, have Mr. Sinacola come back and ask for the band to be able to play on a more frequent basis.
Commissioner Goodenow said he would prefer the times the band is allowed, to be more restrictive and could not approve a band to perform once a moth plus festivals. He said he cannot vote to infringe on the Village community.
Mr. Eppink said they would prefer to have approval to allow the band to perform twice a month plus festivals, but would agree to once a month plus the festivals for a one year period.
PC-08-20 Goodenow moved, Amerman seconded, to approve the revision of SP-07-03 to allow outdoor seating for up to 40 people as specified on revised site plan dated 4/14/ 08 (on file at Village office), subject to Sec. 94-358. Motion CARRIED
PC-08-21 Goodenow moved, Amerman seconded, to recommend to Council approval of payment in lieu of providing five (5) off-street parking spaces, in addition to previous approval for SP-07-08, based upon revised site plan dated 4/14/08 and Wade Trim letter dated 4/28/08 (on file at Village office). Motion CARRIED
The Commissioners discussed the following: Whether the area where the band is to play should be designated by Planning Commission. Can Planning Commission grant a one year temporary approval for outdoor entertainment. Having the Village Manager grant a couple of trial weekends for the outdoor band entertainment.
Commissioner Goodenow said it was not Planning Commissions business to tell a business owner where he can put a band.
Mr. Lomako said that Planning Commission could not grant a temporary approval for a permanent land use.
Mr. Sapelak said he didn’t think Mr. Shufflebarger would be comfortable granting a few trial weekends and having the decision come back to him when he delegated the decision to Planning Commission.
Mr. Sinacola told the Commissioners that with his liquor license approval he also has approval for the outdoor entertainment, but wanted to tell the Village of his intensions to have the outdoor entertainment. He said he felt that Planning Commission was making a much bigger deal out of the request than what it is. He said that between last month’s meeting and tonight’s meeting he finds the discussion that is going back and forth between the Commissioners to be very unsettling. He stated that he has put a lot of money into the addition of the restaurant and has always been a good “neighbor” to the community.
PC-08-22 Worrell moved, Keef seconded, since Sec. 94-2, is silent regarding entertainment but an outdoor café may be established on private property as a seasonal use, it is reasonable to apply similar uses which are associated with this type of use, finding a live band to be treated as an accessory use to the principal use, I recommend approval of a live band during the seasonal months of April 15 through November 1st. Approval shall be granted to an outdoor musical area as noted on site plan SP-07-03, be permitted to operate once a month on Friday’s and Saturday’s, exception to this are the three special events, Milford Memories, the car show and Shop, Rock & Stroll. The sound shall not exceed the sound decibel ordinance.
ROLL CALL VOTE
YES – Martin, Worrell, Murad, Amerman, Heidt
NO – Goodenow, Keef
ABSENT – Johnston, Zasuwa Motion CARRIED
CALL TO PUBLIC
There was no response from the Public.
UNFINISHED BUSINESS
Ord., 231, Art. XII, Sec. 94-344 (b), Recreational Vehicle Storage
Mr. Lomako reminded the Commissioners that at the meeting in April they were to review the proposed language provided to them and offer comments and suggestions. Mr. Lomako said he had only received a comment from Commissioner Goodenow regarding the definition of a trailer.
The Commissioners, Mr. Lomako and Mr. Sapelak discussed the proposed language. They determined that there may be a conflict between this amendment and the proposed fence language. They discussed how a corner lot may be affected.
Mr. Lomako said that he would like advice on how many recreational vehicles a homeowner can be permitted to have on their property.
PC-08-23 Goodenow moved, Keef seconded, to postpone discussion on Sec. 94-344 (b), Recreational Vehicle Storage until the June meeting. Motion CARRIED
NEW BUSINESS
Ord. 231, XII, Sec. 94-354, Fences, 94-2 Definitions
Mr. Lomako reviewed his letter dated 4/23/08 (on file at Village office).
The Commissioners, Mr. Lomako and Mr. Sapelak discussed the proposed language. 1. k, should address maximum vehicle width. The definition of a fence in number 1, has contradicting sentences. 1) c., is in conflict with the proposed language for Recreational Vehicle Storage.
PC-08-24 Goodenow moved, Amerman seconded, to postpone Sec. 94-354, Fences, until the June meeting. Motion CARRIED
CONSULTANT COMMENTS
Mr. Lomako reported that the Commissioners should have received correspondence from his associate, Julie Johnston, regarding the Master Plan Open House that was on 4/29/08. He said about 25 people total came to the Open House and that positive comments were received. Mr. Lomako said that Ms. Johnston is seeking feedback from the Commissioners, so they can move forward with the Public Hearing. Mr. Lomako requests that Planning Commission provide their comments and suggestions so they can be made available for the Master Plan Public Hearing.
Commissioner Goodenow said the Village Planning Commission should forward a resolution to the Township Planning Commission to inform them that the Village Planning Commission does not support a senior citizen facility at the corner of Duck Lake & Commerce Roads. He said he thought it would be difficult for seniors to try and walk into the Village from that location.
Mr. Lomako said he told the party who is interested in developing the senior facility that the site would be problematic for many reasons. He said he thought the Township Planning Commission would appreciate an opinion from the Village Planning Commission. Mr. Lomako said he would relay the opinion of the Village Planning Commission to the Township Commission.
ADMINISTRATIVE COMMENTS
Mr. Sapelak said that he believed most liquor licenses read the same and did not grant automatic approval for the business owner to have outside entertainment, but leaves that decision to the local government body.
COMMISSIONER COMMENTS
Commissioner Goodenow reported that there was a good article in the Zoning Bulletin regarding signs that relates to the Village. He asked Mr. Sapelak the status on Sherwood Liquor.
Mr. Sapelak reported that Mr. Karmo, owner of Sherwood Liquor asked ZBA for a postponement of their variance request because he will not be moving forward with the gas station aspect of his plan. Mr. Sapelak said that Mr. Karmo is planning on redeveloping his site, with a couple of outlots and may still be seeking a backyard setback variance but would no longer need the variance to construct a canopy in what would be considered the front yard.
Commissioner Worrell said that she would be asking Council to consider amending the Village Engineering Standards because she has found that 60% of the streets in the Village could not be built to the current standards.
ADJOURN
The meeting adjourned at 10:20 p.m.
Nancy Scott, CMC
Milford Village Deputy Clerk | 
