| REGULAR MEETING |
JULY 9, 2009 |
| 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, David Ebert, Gary Goodenow, Timothy Juidici, Karen Worrell
ABSENT
Commissioners Craig Johnston, Larry Keef, Bill Serchak
ALSO PRESENT
Zoning Administrator, Randy Sapelak; Village Manager, Arthur Shufflebarger
Chairman Heidt welcomed new Commissioner David Ebert.
APPROVAL OF MINUTES
Regular Meeting June 11, 2009
PC-09-33 Keef moved, Zasuwa seconded, to accept the minutes of the Regular Planning Commission meeting of May 14, 2009, as presented. Motion CARRIED
CALL TO PUBLIC
Jeff Tricoff, employee of the Red Dog Saloon, 250 W. Summit, was present to ask the Commission for an endorsement to host a fund raiser on 8/29/09, to help a local family in need. He said they are hoping to receive approval from the Zoning Board of Appeals to close off part of their parking lot to allow for a tent to serve food and beverages outside. He explained further that live bands would be performing outside from noon until 9:00 p.m. at which time the bands would continue to play inside until 1:00 a.m.
Commissioner Worrell suggested that Mr. Tricoff have a letter of authorization from the owner prior to the ZBA meeting to be held on 8/6/09, and to also speak with the Police Department regarding any traffic concerns they may have.
PC-09-34 Amerman moved, Goodenow seconded, to recommend to the ZBA approval of the request by the Red Dog Saloon to have live band performances for a fund raising event on 8/23/09. Motion CARRIED Worrell ABSTAIN
PUBLIC HEARING
Proposed Zoning Ordinance Text Amendment, Sec. 94-344, Recreational Vehicle Storage Requirements
PC-09-35 Amerman moved, Worrell seconded, to open the Public Hearing at 7:40 p.m. Motion CARRIED
Commissioner Goodenow reviewed the changes of the 6/11/09 draft (on file at Village office). He explained that the amendment if adopted would allow parking of a recreational vehicle in the side or rear yard where applicable without screening, with a special provision that with the storage of the vehicle, the lot coverage permitted for each zoning district is not exceeded and if a tarp or cover is to be used the material must consist of a solid earth tone color.
John Reed, 1049 Eagle Nest Dr., was present to inform the Commissioners of a boat parked in a driveway on S. Main St. He said the boat hitch was practically in the sidewalk and had concerns of children hurting themselves.
Mr. Sapelak explained that they have not been enforcing the current ordinance while working on the revision and in the past had only handled the ordinance on a complaint basis. He said they have been made aware of the boat and have spoken with the homeowner to have it removed.
Phil Harris, 169 Marlene, was present and asked who would be enforcing the ordinance once it is in place. He stated he had previously received a violation.
Mr. Sapelak told the Commissioners that Mr. Harris was not given a violation. He explained to the Commissioners that Mr. Harris was sent a letter which mentioned that Planning Commission would be reviewing the ordinance pertaining to recreational vehicle storage for a possible amendment, but primarily, the letter was meant to inform Mr. Harris that the accessory structure in his driveway was not permitted.
Judy Paul, 778 Byron, was present and stated that she moved in to a house in the Village and does not belong to a condominium association. She said no one cares where homeowners keep their recreational vehicles except the one man who originally complained and who lives in a condominium with an association that does not allow recreational vehicles stored on their property. She asked why we were letting this one man dictate to us where we can place recreational vehicles.
Mr. Shufflebarger asked Ms. Paul if she had any specific comments regarding the language amendment proposed tonight.
Ms. Paul stated that she was o.k. with the amendment.
Larry Hewitt, 883 General Motors Road, was present and asked Commissioners Worrell and Goodenow, who have both been to his house, if they felt the storage of his recreational vehicle was unsightly.
Both Commissioners said they did not.
Mr. Hewitt said that if the amendment is adopted by Council, in two years he would not meet the ordinance because his rear yard is already occupied with a garage. He said he has lived in the Village for 55 years and does not see why people that have been here and have recreational vehicles in their yards can not be permitted to keep them if the ordinance is adopted. He said he could not support an ordinance that would put him in non-compliance.
Chairman Heidt asked Mr. Hewitt that with all the previous meetings he has attended and knowing from the last meeting that the lot coverage percentage would be a factor, why he did bring it to the attention of the Commissioners that he would be in non-compliance prior to the Public Hearing.
Mr. Hewitt said that at previous meetings there was not much opportunity for Public comment.
Ms. Paul made the statement to Planning Commission that the Commissioners had decided to not receive pay for the meetings because of the current economic times, but are now asking residents who do not have room on their property to pay for off-site storage of their recreational vehicles.
Mr. Harris asked Planning Commission how discussions of an amendment had come about, that so much time has been invested. He also asked if Planning Commission would prefer to see an earth toned tarp covering a recreational vehicle or a weed covered yard.
Chairman Heidt said that Planning Commission was asked to review the ordinance because of the many violations in the Village.
Kate Strauch, 808 E. Huron, was present and asked if water craft was included in the ordinance amendment. She said she lives on a corner lot and has a 17 long boat. She asked if she is in compliance. She also stated that typically the covers that are made for boats are blue in color.
Chairman Heidt said without seeing her lot he could not determine if she would be in compliance or not.
Jeanine Delazzer, 922 Panorama, was present and said she purchased a recreational vehicle a year ago. She said she contributes to the local economy and feels the proposed ordinance is very discouraging and makes it more difficult for people to do what they want. She asked if the amendment was really necessary.
Mr. Shufflebarger informed her that the proposed ordinance amendment is much less restrictive than what is currently in place. He said Planning Commission is moving in a positive direction that could be helpful to Ms. Delazzer.
There was no further comment from the Public.
PC-09-36 Goodenow moved, Worrell seconded, to close the Public Hearing at 8:23 p.m. Motion CARRIED
Chairman Heidt made the statement that he owns six recreational vehicles and is able to meet the current ordinance.
Commissioner Worrell said she has found a lot of violations that currently exist with the current ordinance and those that would be in violation with the amendment. She asked the Commissioners if they were trying to come up with an aesthetic type of ordinance and if so, more time working on the amendment may be needed. She said the amendment as written would be a hardship for people that live on corner lots and have to meet front lot requirements on each side. She said she is not in favor of putting people who live in the Village in jeopardy of being in non-compliance.
Commissioner Goodenow said that he was ready to send the proposed amendment to Council but is not prepared to work on it further before sending it to Council.
PC-09-37 Goodenow moved, Juidici seconded, to recommend to Council approval of the proposed zoning ordinance text amendment to Sec. 94-344 (b), Recreational Vehicle Storage as amended in the 6/11/09 draft.
ROLL CALL VOTE
YES Goodenow, Juidici, Amerman
NO Worrell, Heidt
ABSTAIN Ebert
ABSENT Johnston, Keef, Serchak Motion FAILS
PC-09-38 Worrell moved, Amerman seconded, to place Sec. 94-344 (b), Recreational Vehicle Storage back on the agenda under Unfinished Business for discussion and input when a full Commission and the Planning Consultant are present.
ROLL CALL VOTE
YES Worrell, Amerman
NO Goodenow, Juidici, Heidt
ABSTAIN Ebert
ABSENT Johnston, Keef, Serchak Motion FAILS
NEW BUSINESS
Discussion Home Occupation Standards
Commissioner Goodenow said he reviewed the current ordinance and agrees it needs to be updated. He said he would be willing to work on an amendment with Planning Consultant, Nick Lomako.
Commissioner Worrell said she has comments regarding the material provided by Mr. Lomako and would forward them to the rest of the Commissioners if they were interested.
Mr. Shufflebarger said the Village has some residents with home occupations and is aware that they are becoming more prevalent nationwide. He said while it is an important issue, it is not urgent.
Commissioner Goodenow suggested leaving the item on the agenda for the next meeting when Mr. Lomako will be present.
Elect 2009 2010 Chairman & Vice-Chairman
PC-09-39 Goodenow moved, Worrell seconded, to nominate and elect John Heidt as Chairman, and Kathy Amerman as Vice-Chairman for 2009-2010. Motion CARRIED
SITE PLAN EXTENSIONS
SP-06-10, Beauty Salon
Mr. Sapelak explained to the Commissioners that the developer has no plans to move forward and has the building up for sale.
Chairman Heidt said the building would most likely have more value with an approved site plan.
PC-09-40 Goodenow moved, Amerman seconded, to approve SP-06-10, for a one year extension to expire 6/30/10. Motion CARRIED
ADMINISTRATIVE COMMENTS
Mr. Shufflebarger told the Commissioners that Council does not want to enforce the existing Recreational Vehicle ordinance. He said he was reluctant to let the amendment die and suggested that he ask Council for further direction.
Chairman Heidt said it has been frustrating not getting direction from Council regarding the ordinance. He said the first draft that was given to Council for adoption was written so most people could meet the regulations but may have had to provide screening. He said Council did not like the amendment, but also did not offer clear direction on how to proceed, which is what Planning Commission had asked for.
Commissioner Amerman suggested removing item (c) under (6), Special Provisions.
Commissioner Goodenow suggested to also remove item (d) under (6), Special Provisions. He said Planning Commission could delete items from an amendment without holding another Public Hearing, but could not add anything additional.
PC-09-41 Goodenow moved, Ebert seconded, to forward to Council for approval the recreational vehicle storage requirements Sec. 94-344, draft dated 6/11/09, deleting from section (6), paragraphs c & d.
DISCUSSION
Mr. Shufflebarger said procedurally, because the Public Hearing was held and the Public has left, he would be reluctant to have the amendment move forward to Council and suggested another draft with the changes made tonight be on the next Planning Commission agenda.
PC-09-41 Motion FAILS
PC-09-42 Worrell moved, Amerman seconded, to place Sec. 94-344, Recreation Vehicle Storage on the next Planning Commission agenda in August for discussion. Motion CARRIED
Chairman Heidt asked administration to be sure that all those who spoke at tonights Public Hearing be notified that Sec. 94-344, will be on the August agenda.
Mr. Sapelak informed the Commissioners that he has been trying to get the resident on S. Main to remove the boat from his driveway. He said he believed the resident was doing mechanical work on the boat. Mr. Sapelak told the Commissioners he would be happy to provide to them a copy of the letter he sent to Mr. Harris regarding the illegal structure he had in his driveway.
COMMISSIONER COMMENTS
Commissioner Amerman reported that she would not be at the August meeting. She asked Mr. Sapelak to look into having the construction traffic signs on Liberty Street removed.
Commissioner Worrell asked Mr. Sapelak if he looked at the dumpster at the apartment complex on Peters Road, where they have been putting tires.
Mr. Sapelak said that he has not had the opportunity yet, and is not sure he can keep them from putting tires in the dumpster. He said he could however, be sure they move the dumpster out of the right-of-way, if the right-of-way line can be easily determined.
Commissioner Worrell told the Commissioners that she was happy to be reappointed to Planning Commission.
Chairman Heidt congratulated all of those who have been reappointed.
ADJOURN
The meeting adjourned at 9:17 p.m.
Nancy Scott, CMC
Milford Village Deputy Clerk | 
