Planning Commission

 

Planning Commission Minutes 8/13/08

 
REGULAR MEETING

AUGUST 14, 2008

PLANNING COMMISSION

1 - 1

   
The meeting was called to order by Chairman Heidt at 7:50 p.m. A quorum was present.
 
PRESENT
 
Chairman John Heidt; Commissioners Kathy Amerman, Larry Martin, Peter Murad, Karen Worrell
 
ALSO PRESENT
 
Building Official Randy Sapelak; Planning Consultant Nick Lomako
 
ABSENT
 
Commissioners Gary Goodenow, Craig Johnston, Larry Keef, Stanley Zasuwa
 
APPROVAL OF MINUTES
 
Regular Meeting July 10, 2008
 
PC-08-28 Amerman moved, Martin seconded, to accept the minutes of the regular Planning Commission meeting of July 10, 2008, as amended:
 
Page 1-2, Motion PC-08-29, 6th line, “…since the will…” change to “…since there will…”
 
Page 1-4, Second paragraph, second line, “…on the site. The…” Change to “…on the site, the…”Motion CARRIED
 
CALL TO PUBLIC
 
There was no response from the Public.
 
PUBLIC HEARING
 
Ord., 231, Art. XII, Sec. 94-344 (b), Recreational Vehicle Storage
 
PC-08-29 Amerman moved, Martin seconded, to open the Public Hearing at 7:52 p.m. Motion CARRIED
 
Mr. Lomako reviewed the proposed language amendment from the draft copy dated 7/15/08 (on file at Village office). He explained for public benefit that Planning Commission began the process of revising the language for Recreational Vehicle Storage in February of this year.
 
Richard Kostin, 1123 Eagle Nest, was present to voice his concern about the proposed language amendment. He asked for clarification of allowing vehicles to be parked in a side yard and questioned allowing those currently not meeting the ordinance five years to continue being in violation of the ordinance. He said he would prefer the ordinance to be more restrictive and foresees possible problems with allowing the five year grace period, such as residents allowing guests to hook up motor homes to their houses while visiting for indefinite amounts of time, which may lead to overcrowding in the Village. He said guests of residents should utilize Camp Dearborn.
 
Chairman Heidt explained that those residents who will have recreational vehicles in the side yard will be required to have proper screening and meet the setback requirement of 25”.
 
Mr. Lomako said, that should the Village enforcement officer see that a resident is able to meet the ordinance, but is not, that resident would not be given the five year grace period but would be given a violation.
 
Michael Lupini, 140 Marlene, was present and said that his camper is parked next to and in front of his house. He said in the past a width variance was granted for the house. He said the house and camper sit back in excess of the front yard setback. Mr. Lupini asked when the public would know when the ordinance amendment was in effect.
 
Mr. Lomako explained that Planning Commission would recommend to Council the adoption of the amendment and then Council at one meeting would first introduce the language and at a second meeting adopt the language. Once adopted the amendment would then be published in the Milford Times with the effective date.
 
Phil Harris, 169 Marlene, was present and stated that at a Council meeting he had heard them say that there were 50 to 60 violations of the ordinance, but from Planning Commission he only heard them say there were 10 to 12 violations.
 
Mr. Sapelak stated that when the enforcement officer first went through the Village there were approximately 40 or so violations under the current ordinance. He explained that recently, he sent out a letter to about 75 residents who may be affected by the new ordinance language.
 
Michael Yaylaian, 1052 Eagle Nest, was present and stated that the current ordinance should remain in place and that if residents are not able to store their vehicle in their rear yards they need to find an off-site storage facility.
 
Glen Rittenger, 288 Hill, was present to ask for clarification of the screening requirement.
 
Cathy Workman, 851 Panorama; Judy Paul, 778 Byron; and Dolores Donnellon 937 S. Main were all present to voice their concerns of the length limitation of 30’. Each of them explained that they had campers that exceeded 30’ and asked if they would be “grandfathered” under the current ordinance.
 
Mr. Lomako explained that Planning Commission, over the last few months has been working on the ordinance and trying to minimize the visual impact of recreational vehicles stored in the side yard. Starting first with a maximum length of 40’, and deciding on 30’. He said that for older homes within the Village the issue of dimensions is important since the older lots are generally smaller.
 
Chairman Heidt stated that from the Public Hearing tonight it would seem more discussion needs to take place before recommendation can be made to Council for the language amendment.
 
There was no further comment from the Public.
 
Commissioner Amerman agreed that Planning Commission needs to look further at the language amendment.
 
PC-08-29 Amerman moved, Worrell seconded, to close the Public Hearing at 8:33 p.m. Motion CARRIED
 
Chairman Heidt explained to the public that the proposed amendment will be further discussed at the next meeting in September and that Wade Trim would rework the language to address the concerns of the public voiced tonight. He said an additional Public Hearing will most likely be necessary.
 
Commissioner Worrell asked that Mr. Lomako include in the changes to the amendment the definition of a 5th wheel as well as an illustration and also clarify what is a front and side yard.
 
PC-08-30 Amerman moved, Martin seconded, to postpone action on the proposed language amendment to Sec. 94-344 (b), until the next meeting in September. Motion CARRIED
 
Ord. 231, XII, Sec. 94-354, Fences, 94-2 Definitions
 
PC-08-31 Amerman moved, Martin seconded, to open the Public Hearing at 8:37 p.m. Motion CARRIED
 
Mr. Lomako reviewed the proposed amendment in his letter dated 7/15/08 (on file at Village office).
 
Diane May, 702 E. Huron, was present to address the Commissioners. She said that her home is in a residential zoning district but abuts industrial property. She explained that earlier in the year she put up a privacy fence to the rear and side yard of her property but was told it had to be removed because her side yard was also considered a front yard. She said after driving through the Village she discovered many houses on corner lots with fences.
 
Mr. Sapelak explained that with a corner lot most homes on those lots are considered to have two front yards but not in all cases. He said that some of the homes Ms. May mentioned having fences may have received a variance.
 
Mr. Lomako suggested that Ms. May, may have a basis for appeal to the ZBA being her property abuts industrial development.
 
Chairman Heidt stated that it would be impossible to create an ordinance to cover all circumstances within the Village and in such cases where warranted a variance from the ZBA may be an option. There was no further comment from the Public.
 
PC-08-32 Amerman moved, Martin seconded, to close the Public Hearing at 8:53 p.m. Motion CARRIED
 
Commissioner Worrell said that on page 3 of the Wade Trim letter, item 3) a. the first sentence should read, “Fences on lots or parcels of record…”. She also suggested that a reference to government infrastructures be noted in both item 1) f, and 3) a,.
 
PC-08-033 Worrell moved, Amerman seconded, to postpone action on the proposed language amendment to Sec. 94-354, fences and 94-2, definitions until the next meeting in September. Motion CARRIED
 
NEW BUSINESS
 
SP-08-03, Shunia, Papa Romano’s, 134 W. Huron, 16-10-429-007, Proposed Addition to Existing Bldg.
 
Thomas and Hilda Shunia, owners, were present to answer any question from the Commissioners.
 
The Commissioners, Mr. & Mrs. Shunia and Mr. Lomako reviewed the letter provided by Mr. Lomako dated 7/15/08 (on file at Village office).
 
In addition, they discussed developing an agreement with an adjoining property owner for shared parking or a cross access agreement. Also, when installing a sidewalk along Clinton Street it was suggested the applicant first speak to DPS Director, Bob Calley for placement of the sidewalk to ensure the preservation of a cherry tree on the adjoining property.
 
Mr. Lomako suggested the applicants take the plan to their architect have the necessary changes made and then set up a time to meet with both himself and Mr. Sapelak.
 
PC-08-34 Amerman moved, Worrell seconded, to postpone action on SP-08-03, for not more than 90 days to allow the applicant time to make the necessary changes to the site plan. Motion CARRIED
 
CONSULTANT COMMENTS
 
Mr. Lomako reported that correspondence was sent to both Village Manager, Arthur Shufflebarger and Township Supervisor, Don Green asking that the draft Milford Community Master Plan be submitted to each legislative body for the purpose of receiving approval to distribute the draft as specified. Once distributed, 63 days are given to those who have received a copy for their comments. Mr. Lomako said he is hoping a joint Village and Township Public Hearing can be scheduled prior to the upcoming Holiday Season.
 
COMMISSIONER COMMENTS
 
Commissioner Worrell said she would like to see unimproved dedicated streets addressed in the Special Provisions section of the Recreational Vehicle Storage amendment.
 
Commissioner Martin informed the Commissioners that tonight would be his last meeting as he and his wife have sold their house and will be moving to Ohio next Wednesday. He stated how much he has enjoyed being a part of the Planning Commission.
 
Commissioner Amerman asked if the front fence around the patio at Milford House was supposed to have circles on the top of the fence.
 
Mr. Sapelak said he asked DDA Director, Ann Barnette to review the site today.
 
ADJOURN
 
The meeting adjourned at 10:10 p.m.
 
Nancy Scott, CMC
Milford Village Deputy Clerk
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