VILLAGE OF SPRING LAKE
PLANNING COMMISSION
MINUTES
REGULAR MEETING
OCTOBER 27, 2009
Barber School Community Building
102 West Exchange Street
Spring Lake, MI 49456
I. CALL TO ORDER
Chairman VandenBosch called the meeting to order at 7:00 p.m.
II. ROLL CALL
Present: Johnson, C. Miller, S. Miller, VandenBosch, VanStrate and Yasenak
Absent: Gleason, Kleppe and Unkovskoy
Staff present: Kathy Staton, Community Services Director
III. APPROVAL OF THE AGENDA
Motion by VanStrate, support by Johnson to approve the agenda. All in favor, motion carried.
IV. APPROVAL OF THE MINUTES
A. Approval of the Minutes of the September 22, 2009 Regular Meeting.
Motion by C. Miller, support by S. Miller to approve the minutes of the September 22, 2009 regular meeting. All in favor, motion carried.
V. OLD BUSINESS
There was no old business to discuss.
VI. NEW BUSINESS
PUBLIC HEARINGS
A. Special Use Permit 210 Parkhurst
Douglas Doering requests a public hearing for a Special Use Permit to expand a nonconforming building on the property located at 210 Parkhurst Avenue, Spring Lake. Plans call for construction of an addition to within fourteen (14) feet of the north side property line. The required setback is twenty feet and the existing structure is sixteen (16) feet from the property line.
Chairman VandenBosch read the request and opened the public hearing. Doug Doering was present to explain the request and answer questions. He explained that they were just trying to add a small addition onto the existing structure on the north side of the building. The existing portion of the house is already over the setback line. Doering stated that the proposed addition would make the structure look better.
Staton explained that there was some confusion among some of the neighbors who got the public hearing notice because Doering was already constructing an addition to the east side of the building. This request is for a small portion of the house on the Longview St. side of the house.
Doering stated that the addition is very small, just enough to allow for the laundry room, and will have very minimal encroachment on the setback. The area is currently a small entryway that is very tight and not very functional. If they tried to add on in the other direction they would have to move the utilities, gas, water and electric, for the laundry room and that would make the project much more difficult. He showed the elevation drawings and called the commissioners attention to the letter from the property owners.
Ruth Ann Lomas, 438 Buena Vista, asked how large the addition would be. Doering stated that the addition is 7 feet and he showed her the elevation drawings. Lomas was confused about the amount of setback encroachment. Staton explained that the addition would be 14 feet from the side property line which is slightly more than the existing building. Longview runs at an angle and the house is not square on the lot. Lomas asked if the Planning Commission had the authority to grant a variance. Staton explained that this is not a variance, it is a special use permit. The Zoning Ordinance permits the Planning Commission to grant a special use permit for expansion of a nonconforming structure.
Motion by VanStrate, support by C. Miller to close the public hearing. All in favor, motion carried.
Chairman VandenBosch asked the commissioners for their thoughts on the request. Yasenak stated that he lives down the street from this property and he thinks it would be fine. S. Miller stated that it looks good and the roof lines will be consistent with the existing house. C. Miller and Johnson expressed their approval. VanStrate stated that he once helped someone move there and that it is a very cramped entryway now. He stated that he is in favor. VandenBosch stated that he has no problem with the request.
Motion by S. Miller, support by Johnson to approve the special use permit for 210 Parkhurst to construct an addition based on the discussion that shows that the proposal will not change the essential character of the area, it will not have an adverse impact on adjoining property or the Village, that there were no comments against the proposal, and that there is no other reasonable or practical alternative means to construct the addition.
ROLL CALL AYES: Johnson, C. Miller, VanStrate, Yasenak, S. Miller and VandenBosch
NAYS: None
All in favor, motion carried. The special use permit was granted.
B. Zoning Ordinance Amendment Bed and Breakfast Regulations
The Planning Commission will hold a public hearing on a proposed Zoning Ordinance amendment to Section 20.7(B)3, special use regulations for Bed and Breakfast Establishments. The proposed amendment would add additional regulations to the existing standards.
VandenBosch introduced the item. Staton explained that she had made the changes discussed at the last meeting.
Johnson stated that he thought that the language in paragraph f that limits the number of rooms that can be rented to 50% of the bedrooms in the house is too limiting. He stated that there should be one bedroom reserved for the owner and then they can rent the rest. S. Miller agreed. Johnson stated that having the requirement that the facility be owner occupied already takes care of this question.
VandenBosch stated that we dont want the owner to sacrifice their sleeping areas for the bed and breakfast. The owners might put the kids in the basement to make more room for guests. VandenBosch noted that Staton would be inspecting the facility so she would find out if they were using areas for bedrooms that did not meet code requirements.
S. Miller and Johnson agreed that as long as the rooms in the basement met code requirements it would be alright. Johnson stated that it defeats the purpose to limit the number of rooms that can be rented to 50%. C. Miller agreed, but added that the ordinance should still limit the number of rooms that can be rented to no more than 4. The Commission agreed to delete the language about 50%.
Chairman VandenBosch opened the public hearing. Ruth Ann Lomas, 438 Buena Vista, asked if there were any existing bed and breakfasts in the Village. Staton said that the house at 203 E. Savidge was approved for one, but it is in foreclosure so it is not currently being run as a B & B.
Motion by VanStrate, support by C. Miller to close the public hearing. All in favor, motion carried.
Motion by S. Miller, support by VanStrate to recommend that Village Council adopt the proposed ordinance amendment with the change deleting the reference to a limit of 50% of the rooms as discussed.
ROLL CALL AYES: Johnson, C. Miller, VanStrate, Yasenak, S. Miller and VandenBosch
NAYS: None
All in favor, motion carried.
DISCUSSION
C. Proposed Zoning Ordinance Amendment Community Support Facility
The Planning Commission will discuss the first draft of a proposed Zoning Ordinance amendment to permit non-profit Community Support Facilities such as food pantries, temporary transitional housing and other similar services to those in need by Special Use Permit in the P Public, Semi-Public zoning district.
Chairman VandenBosch introduced the item. Staton explained that Brad Fisher had provided some suggested language for the ordinance and she had incorporated some of it in this first draft. Curt Thuene of the People Center noted that the draft ordinance only allows a 2 sq. ft. sign, but Fisher had suggested 20 sq. ft. be allowed. Staton explained that she suggested only 2 sq. ft. because the idea was to have the facility appear to be residential and that is the size of sign that is permitted in residential areas. Also, Fisher had suggested that facilities with more than one parcel be permitted a freestanding sign which Staton felt would not be in character with the residential character. She asked the Planning Commission to discuss the type of signage that should be permitted.
C. Miller stated that she does not think a freestanding sign would be appropriate and that it would not go with the residential character they were trying to require. S. Miller disagreed and said that she felt the facility needed more signage so that it would be easier for the public to find them. Karen Reenders of the People Center stated that people cant find their facility because of the lack of signage. It is important for people to be able to get to them. They need a sign on the Savidge Street side of the facility because they want people to come in on that side of the property. VandenBosch stated that he could understand the need for a larger sign on Savidge. C. Miller stated that it would not look residential. Staton suggested that she change the ordinance so that the Planning Commission could look at what is proposed with each special use permit and make the decision on a case by case basis based on the size and location of the facility. The commissioners agreed.
VandenBosch stated that most people seem to use the church parking lot now. He asked Thuene if the church would still allow that after the sale. Thuene said yes.
Staton explained that the Planning Commission needs to draft this general ordinance first. Then the People Center will come in with their specific request which requires that one of the lots be rezoned and then they will need to apply for the special use permit. At that time the Planning Commission can discuss the specifics of the People Center facility.
Staton asked the Planning Commission if they thought there should be a minimum lot size requirement. C. Miller stated that the parking requirements would pretty much dictate how large a piece of property would be needed. Staton explained the proposed parking requirements and asked Thuene if that seemed adequate in their experience to accommodate the residents and the people who come to the food pantry. He said that 8 parking spaces are plenty.
VandenBosch asked Reenders if the transient residents have to have a job. Reenders said that they must have income, which could be SSI or unemployment. Thuene said that the residents usually have some type of income, but not always. S. Miller stated that she was uncomfortable with the Planning Commission requiring specific personal information such as employment information about the residents for the special use permit. Staton suggested that the section be changed to say that the facility must provide their residency criteria for the Planning Commission to review.
Staton asked if the Planning Commission wanted to include a requirement about a minimum dwelling unit size. The minimum size required in the zoning ordinance seems too large. The Michigan Building Code requires a much smaller area and that might be more appropriate if the facility has small efficiency type apartments. Johnson felt that it is not necessary for the Planning Commission to regulate this, the building code will cover that. VandenBosch asked if the People Center includes all of the apartment houses owned by the church. Thuene said it does. There are three properties that are part of the People Center.
VandenBosch asked Staton to make the changes discussed and schedule the public hearing for the next regular meeting. Staton asked if there should be public hearing notices sent to surrounding properties as was done with the Adult Day Care Facilities ordinance amendment. VandenBosch stated that the notices should be sent so that the neighbors have a chance to offer input as the ordinance is being developed.
VII. OTHER BUSINESS
Staton explained that she had provided the commissioners with a copy of the Village Ethics Policy that was recently adopted by Village Council. The policy applies to Village Council, all boards and commissions and staff.
VandenBosch stated that the Village Council had overruled the Planning Commission on the Wind Energy ordinance and changed the maximum height of the towers to 120 feet. Staton explained that Ottawa County had reviewed the draft wind energy ordinance and recommended that change because the turbine needs to be at least 30 feet above surrounding buildings and trees to work properly. Council went along with the County recommendation.
VIII. STATEMENTS OF CITIZENS ON ITEMS NOT ON THE AGENDA
Ruth Ann Lomas, 438 Buena Vista, asked who she could talk to about the two street lights on Buena Vista that are out. She also asked about the status of the Alden Place project. Staton explained that she had met recently with a developer who has plans for Alden Place. It will require a PUD amendment and he will probably present something to the Planning Commission in the next couple of months.
IX. ADJOURNMENT
There being no further business, motion by Johnson, support by VanStrate to adjourn the meeting. All in favor, meeting adjourned at 7:45 PM.
Respectfully submitted,
Kathy Staton
Community Services Director
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