| REGULAR MEETING ZONING |
JUNE 4, 2009 |
| BOARD OF APPEALS |
1 - 1 |
The meeting was called to order by Chairman Hawley at 7:33 p.m. A quorum was present.
PRESENT
Chairman Dan Hawley; Boardmembers Michael Borg, Holly Brandt, Shirley Ford,- Marco Palazzolo, Kenneth Vance, Karen Worrell; Alternates David Bluhm, Mark Jaffray
ALSO PRESENT
Randy Sapelak, Zoning Administrator; Arthur Shufflebarger, Village Manager; Thomas Nader, Village President Chairman Hawley announced that the meetings were taped for transcription purposes only.
APPROVAL OF MINUTES
Regular Meeting September 4, 2008
ZB-09- 01 Brandt moved, Borg seconded, to approve the minutes of the September 4, 2008 meeting as amended: Page 1-2, 8th paragraph, second sentence, “She said to her it…”, change to “She said it…”. Page 1-3, first line, “…variance were granted and trucks…”, change to “…variance was granted trucks…” Motion CARRIED
NEW BUSINESS
VA-09-04, Village Administration, Interpretation of Ord. 231, Art. XII, Sec. 94-345, Home Occupations
Boardmember Worrell abstained from discussion of VA-09-04 due to a conflict of interest and left the table.
Chairman Hawley verified that the notices were sent and that there was no response.
Mr. Sapelak explained to the Boardmembers their responsibility of making an interpretation of an ordinance. He stated that his request is for ZBA to make the determination and make a motion based upon the ordinance and the findings of Administration as to whether the salvage operation taking place at 250 W. Huron is in violation of the ordinance regarding Home Occupations.
Darien Worrell, 250 W. Huron, was present to answer any questions from the Boardmembers. He explained to the Board that he considers the metal scrap that he collects to be a hobby and not an occupation. He said he collects the items two to three times a week and that he no longer stores any items on the ground, and only in the back of his truck. He said he has no signage or advertising. He said there is no difference between what he is doing and that of what a painter does by storing his ladder and paint brush in the back of his truck. Mr. Worrell said he has pictures of other homes in the Village where it would appear that a salvage operation was taking place.
Boardmember Palazzolo asked if there was a business license to substantiate that what Mr. Worrell is doing is a business and asked Mr. Worrell if he received money for what he was doing.
Mr. Worrell said that he receives a small amount of payment for the scrap he collects.
Mr. Sapelak said that businesses obtain their licenses through Oakland County and that the Village does not require a business license. He told the Board to determine if they would want to see next door to them, a vehicle filled with scrap items as found in the pictures provided (on file at Village office). Mr. Sapelak stated he believed Mr. Worrell was in violation of the ordinance regardless of where the scrap was kept, in the truck or on the ground.
DISCUSSION
The Boardmembers, Mr. Sapelak and Mr. Worrell, discussed the following: The pictures provided indicate that at one time Mr. Worrell was in violation of all three items from Sec. 94-345. Mr. Worrell no longer stores any items on the ground. Whether or not if placing items in the back of a pick-up truck are considered to be “outside storage”. The driveway is considered to be part of the front yard at this residence. A trailer could be attached to the truck to allow for more scrap collection. Mr. Worrell stated that he does not have the option to store the scrap at another location. If covering the items in the truck would be adequate. The number of available parking spaces on site. If the items were stored in an enclosure, would Mr. Worrell still be in violation of the ordinance.
Mr. Worrell said that he understood by the Village attorney, Paul Groth, that if he were to leave the items in his truck, it was fine, but if he were to move them to a shed and then back to his truck, he would be in violation. He said he would gladly cover them with a tarp.
Mr. Sapelak asked the Board to make a determination on what is happening now and then if Mr. Worrell wishes he could seek a variance from the ZBA or approach Planning Commission about amending the ordinance pertaining to Home Occupations.
ZB-09-02 Palazzolo moved, Borg seconded, that the Zoning Board of Appeal’s, determination is that the salvage operation being conducted at 250 W. Huron is an illegal Home Occupation in that it does not comply with Ord. 231, Art. XII, Sec. 94-345, Home Occupations.
ROLL CALL VOTE YES – Hawley, Ford, Brandt, Borg, Palazzolo, Vance ABSTAIN – Worrell Motion CARRIED
Mr. Worrell asked what he needed to do to continue his hobby.
Mr. Sapelak said that for now, the salvage collection needed to cease. He explained again, that he could seek a variance or ask Planning Commission to consider revising the ordinance, but said it was not up to ZBA to tell him how to come in to compliance with the ordinance.
Boardmember Worrell returned to her seat.
VA-09-01, Milford Grocery, 16-02-454-022, 965 E. Summit, Req. Var. From Ord. 231, Art. XIV, Sec. 94-422 (4) a, 3, ii, Approval of Temporary Buildings and Uses
Chairman Hawley verified that the notices were sent and that there was no response from the Public.
Ryan Matti, and Martin Matti, with Milford Grocery were present to answer any questions from the Boardmembers.
Mr. Sapelak reviewed his letter dated 5/11/09, (on file at Village office) and stated that at least two parking spaces would be eliminated. He explained that ordinance required the request to be heard and endorsed by Planning Commission prior to coming before the ZBA.
Mr. Ryan Matti stated that the hours of operation would only be Friday, Saturday, and Sunday, from 9:00 a.m. until 6:00 p.m. He said no power cords would be going across the parking lot as originally thought and that Michigan grown items would be primarily sold. He said Labor Day weekend, would be the last weekend they would put the tent up.
DISCUSSION
The Boardmembers, Mr. Sapelak and Mr. Matti discussed the following: The tent is open and does not have sides. Having a fire extinguisher available if needed. Adequate lighting in the parking lot. Constructing the tent will not impede pedestrian traffic.
The following facts were found to be true:
1. That adequate light and ventilation are maintained between buildings or structures.
2. That adequate automobile and pedestrian traffic flows are demonstrated and that there is adequate parking provided for.
3. That fire protection is provided for.
4. That the stability and integrity of the zoning plan are maintained and that the protection of public health, safety and general welfare are also maintained.
5. That the temporary use is not incompatible or will not adversely affect the physical character of the community.
6. That the lot where the use is proposed is generally in compliance with lot size, height, setbacks, and open space ratio, etc.
7. That the granting of the temporary use is granted in writing with all conditions stipulated, such as the time the use will be in operation, hours of operation, and the time the tent will be totally removed (building permit for the temp. use).
8. That the Planning Commission has reviewed and made a recommendation to the Board prior to the ZBA taking any action.
ZB-09-03 Worrell moved, Palazzolo seconded, to grant approval of VA-09-01, Parcel 16-02-454-022, 965 E. Summit from Sec. 94-422 (4) a, 3, better known as Milford Grocery, of a temporary outdoor tent, the size shall be no larger than 20’ x 20’ and shall be placed in the east side of their parking lot. The Milford Grocery shall be allowed to have retails sales of fresh produces for a period starting 6/12/09 and ending Labor Day weekend 2009. Granting of this temporary use from Sec. 94-422 (4) a, 3 allows the applicant the ability to use their property and the Board has found the standards for granting said temporary use variance has been met.
ROLL CALL VOTE
YES – Ford, Worrell, Brandt, Borg, Palazzolo, Vance, Hawley Motion CARRIED
The applicant has one year to act on the variance.
VA-09-02, Smith, For 16-11-126-067, 591 Tower Ridge, Req. 10’ Rear Yard Setback Var. From Ord. 231 Art. XI, Sec. 94-301, Schedule of Regulations
Chairman Hawley verified that the notices were sent and that there was no response.
Mr. Sapelak reviewed his letter dated 5/11/09, (on file at Village office), stating that the proposed sunroom would be constructed on the existing deck, which received a variance in 2003. He explained that he spoke with Planning Consultant, Nick Lomako who felt that since the previous variance was granted for an unenclosed deck and is now proposed to be enclosed, a second variance is necessary. Mr. Sapelak also informed the Board that the ordinance relating to rear yard setbacks for the R-4, One Family Residential District has been amended since the time of the first variance and now would not be necessary. He said he believed the same facts found for the first variance would apply to this variance request as well.
Chad Smith with Canterbury Conservatories, 2447 E. Judd, Burton, was present to represent the owner of the property, Allen Raddi, and to answer any questions from the Boardmembers. He explained to the Board that the screen room would be constructed of glass, screen and aluminum and would be smaller than the size of the actual deck.
The following facts were found to be true:
1. Granting the variance will not have an adverse affect on the health, safety or welfare of the community.
2. The lot configuration prevents compliance.
3. The home sits at the end of a cul-de-sac and the backyard borders a storm drainage easement.
4. The proposed deck is in line with the other decks in the development.
5. Due to the grade of the lot it would be difficult to put in a patio.
ZB-09-04 Worrell moved, Palazzolo seconded, to grant approval of a 10’ non-use variance from Sec. 94-301, Schedule of Regulations, which shall allow the sunroom to encroach into the required rear yard setback by 10’ (Sec. 94-338, (8) d. The sunroom will be constructed over the existing deck structure which was granted a variance in 2003. The facts and conditions for granting the variance then and now are the same.
ROLL CALL VOTE
YES – Worrell, Brandt, Borg, Palazzolo, Vance, Hawley, Ford Motion CARRIED
The applicant has one year to act on the variance.
VA-09-03, Green, 16-10-451-023, 161 S. Milford Rd., Req. Var. From Ord. 231, Art. XIV, Sec. 94-422 (4) d, Approval of Temporary Buildings and Uses
Boardmember Brandt informed the Board that she was involved with the planning of the Milford Community Picnic and asked the Board if they felt she should abstain from discussion of this item.
The Boardmembers agreed that she should abstain. Boardmember Brandt left the table and alternate Jaffray took her seat.
Chairman Hawley verified that the notices were sent. Administration informed the Boardmembers that a few calls had been received at the Village offices from residents who live in the adjoining neighborhood, who had concerns with the variance being granted but did not leave their names.
Mr. Sapelak reviewed his letter dated 5/11/09, (on file at Village office). He said that this request is similar to the temporary use request of Milford Grocery.
Don Green, Milford Township Supervisor, 1100 Atlantic, was present to answer any questions from the Boardmembers. He explained that in the past the movies have been held in Central Park after the Community picnic, but last year, no one stayed for the movie because it was cold outside. He said that the screen is inflatable and that the Township has been working with other communities to purchase the screen to save on the expense of rental of a screen each time they have a picnic and movie. He told the Boardmembers that all items of concern from Planning Commission have been addressed on their letter dated 5/8/09, (on file at Village office) and that he was in the process of getting a letter of authorization from the owners of the property, Bostleman Corporation.
Brett Barnes, 422 Dorchester Way, was present to state his concerns. He said that since the development of the site the adjoining neighborhood where he lives has had to deal with the lot being cleaned Saturday morning’s at 4:00 a.m., the noise from diesel trucks that park in the lot overnight and skateboarders who frequently use bad language that can be heard at his house. He said his concerns are those of lighting and excessive noise not just from the movie but from those attending as well and whether there will adequate enforcement. He said if the movie in the parking lot is successful they will want to have it more frequently and it would then take away from the Milford Theatre.
Commissioner Worrell acknowledged a note received by Danute Zielinski, 776 S. Milford Rd., who was not able to attend the meeting but who opposes the variance being granted.
Mr. Green said that there will be some speakers but primarily the sound will be played through the car radios. He said he felt that between himself and the Parks and Recreation Committee, they should be able to adequately control the teenagers. And, the movie should be done by 10:00 p.m.
Commissioner Worrell asked if the screen could be moved to the north.
Mr. Sapelak stated that the parking lot to the north was not owned by Bostleman Corporation who owns the parking lot in front of the former Farmer Jack. Mr. Barnes said he would like it if there were no additional speakers.
The following facts were found to be true:
1. The movie will begin at dark and end no later than 10:00 p.m.
2. Permission to use the area will be obtained from Bostleman Corporation.
3. The size of the screen will be no larger than 25’ x 32’. The screen will back up towards Milford Place No. 2 and project towards GM Road.
4. Average attendance at the community picnic is between 300-500 residents.
5. The size of the parking space is 18.5’ x 9’.
6. Sound will be through the car radios and through outdoor speakers; the outdoor speakers can be turned down but not all the way off.
7. Insurance coverage will be provided by the Township of Milford.
8. The Boy Scouts usually sell popcorn, candy, soda and water as a fundraiser.
9. Traffic will not be an issue; police will be notified of the event.
10. Parking lights will remain on; if lighting interferes with screen the first two rows of lights may be turned off.
11. ZBA has determined that the standards for approval have been met as identified in Ord. 231, Art. XIV, Sec. 94-422, (4) d.
ZB-09-05 Worrell moved, Borg seconded, to grant approval of VA-09-03, a temporary use variance to 161 S. Milford Rd., 16-10-451-023, from Sec. 94-422 (4) d, for the movie night taking place on 10/3/09, having found the standards for approval have been satisfied based on previous facts found to be true.
ROLL CALL VOTE
YES - Borg, Palazzolo, Vance, Jaffray, Hawley, Ford, Worrell ABSTAIN – Brandt Motion CARRIED
CALL TO PUBLIC
There was no response from the Public.
ADJOURN
The meeting was adjourned at 9:12 p.m.
Nancy Scott, CMC
Milford Village Deputy Clerk | 
