Planning
Commission Minutes
MINUTES
Cascade Charter Township Planning Commission
Monday, March 17, 2008
7:00 p.m.
ARTICLE 1. Chairman McDonald called the meeting to order at 7:00
p.m.
Members Present: Koessel, Lewis, Logue, McDonald, Richards, Robinson,
Waalkes
Others Present: Planning Director Peterson, Attorney Rice, Recording
Secretary Hern, and Members of the Public.
ARTICLE 2. Chairman McDonald led the Pledge of Allegiance to the
Flag.
ARTICLE 3. Chairman McDonald requested a motion for the approval of
the March 17, 2008 agenda.
Member Robinson motioned to approve the March 17th Agenda as
presented, supported by Member Richards. All in favor with none
opposed, the motion carried.
ARTICLE 4. Approve the Minutes of the March 3, 2008.
Chairman McDonald opened the meeting for revisions, corrections or
a motion for approval of the March 3rd minutes.
Chairman McDonald requested a typo correction on Page 12 in the
last paragraph change the word "if" to "is".
Member Lewis motioned for approval of the March 3, 2008 minutes as
corrected, supported by Member Waalkes. All in favor with none
opposed: March 3, 2008 Planning Commission Meeting Minutes were
approved as corrected.
Prior to proceeding with Article 5, Chairman McDonald said there
are two Public Hearings scheduled for this evening: one for Chris
Vander Hoff and the other for Jason Forward. If you are attending this
evening's meeting regarding the Burton Street Property, this item is
not on the agenda and will not be discussed.
Staff did meet with the Developer, Mr. Halland, today and Mr.
Halland is planning to meet with the public after the Easter and
Spring Break holidays. Chairman McDonald encourage the public to
attend the meeting Mr. Halland will be holding.
ARTICLE 5. Case # 08-2923: Chris Vander Hoff
Address of Property: 3045 Pickford
(PUBLIC HEARING)
Requested Action: The Applicant is requesting a Special Use Permit to
construct a new accessory building larger than 832-s.f.
Planning Director Peterson said the Applicant is requesting
permission to construct a new accessory building on his property.
The building has a proposed height of approximately 17-feet to the
midpoint. This requires a minimum setback of 40-feet on the side yard
and 40-feet in the rear. The proposed setbacks are within the
Township's requirements.
The Applicant has indicated that the accessory building will be
used for personal storage. The property is approximately 3-acres and
the home on the property is approximately 3,800-s.f. The size of the
accessory building would not be inconsistent with others the Township
has approved in the area.
Planning Director Peterson said the Applicant is constructing the
building to match the house's exterior and is consistent with what has
been done in the past.
Staff recommends approval of the accessory building.
Applicant Chris Vander Hoff, 3045 Pickford, said the reason he is
requesting a larger accessory building is he does have some
recreational equipment that requires long trailers and he would like
to fit everything in the building comfortably. He could probably be
successful in keeping within the 832-sf for the building if he were to
build a rectangular-shaped building but he is trying to match the
house with its carriage-look.
The proposed accessory building is 1/6th of the size of the house
and utilizing less than 1% of the land use. Applicant Vander Hoff
noted that the building's location is also in a lower portion of the
property so the building is not so visible.
Member Lewis asked Applicant Vander Hoff to clarify which property
is he requesting the Special Use Permit for? When he visited the
property, he had a difficult time locating it. Applicant Vander Hoff
said the physical address he is requesting the permit for is 3045
Pickford and what he has done is purchased two lots in the area with
the idea he would build his own home.
The Applicant is currently living next door to 3045 Pickford and
there is a home on that property that he is living in. He is currently
building the home on 3045 Pickford and this is the same address he is
requesting the Special Use Permit for.
Member Koessel asked if the Applicant has any plumbing or heating
going into the accessory building and the Applicant said no.
Chairman McDonald requested a motion to open the Public Hearing.
Member Robinson motioned to open the Public Hearing supported by
Member Lewis.
Chairman McDonald formally invited any members of the public to
present their comments to the Planning Commission. There were no
public attendees for this case.
Member Lewis motioned to close the Public Hearing supported by
Member Robinson. All in favor and none opposed, the Public Hearing was
closed.
Member Lewis motioned to approve the request for a Special Use
Permit to construct an accessory building larger than 832-square feet
at 3045 Pickford.
Member Robinson noted that there is usually a statement within
Staff's report that indicates the accessory building is not to be used
in conjunction with a business and questioned if that should be made a
condition and Member Lewis motioned that the following conditions be
added:
1) The accessory building is not to be used in conjunction with a
business.
2) Any outdoor lighting that may be added later must be downcast.
Member Robinson supported the motion. All in favor with none opposed.
Motion carried.
ARTICLE 6. Case # 08-2922: Jason Forward
Address of Property: 4700 Quiggle Ave.
(PUBLIC HEARING)
Requested Action: The Applicant is requesting a Special Use Permit to
construct an accessory building larger than 832-sf.
Planning Director Peterson said the Applicant is proposing a
1,200-s.f. building.
The Applicant is proposing to put the building to the east of the
cellular tower. The property is approximately 4.5-acres and the house
is approximately 2,000-square feet.
The proposed accessory building is approximately 17-feet at the
midpoint and the Applicant is seeking a variance to encroach the I-96
right-of-way. This case will go before the ZBA since they are not
meeting the 40-foot setback requirement.
The proposed building is indicating steel siding and a steel roof.
The area is more agricultural and would fit in with the area and it is
next to a cell phone tower.
Staff recommends approval of the accessory building subject to the
following conditions:
1) If an attached garage is constructed the building will need to be
removed or a variance granted.
2) The location is either approved by the ZBA or relocated in
compliance with the Township's standards.
Member Koessel asked how close the building would be to the I-96
right-of-way and Planning Director Peterson said they are asking the
ZBA for a 16-foot variance to the setback, the requirement is a
40-foot setback.
Chairman McDonald referred to Staff's recommendation regarding if
an attached garage is constructed the building would need to be
removed or a variance granted. Planning Director Peterson clarified
you are allowed two (2) buildings and the Applicant has this with this
building plus a detached garage. Staff is including this information
within the record for future property owner.
Applicant Jason Forward, of 4700 Quiggle Ave., said that he would
be using the building for the storage of his boats. He would like to
have the boats covered since the cell tower attracts birds and makes
the boats difficult to clean.
Member Lewis asked the Applicant why he does not move the building
forward by 16-feet to meet the 40-foot setback requirement. Applicant
Forward said that there are approximately 13-feet between the cell
tower and his detached garage and he is hoping to maneuver the
trailers, etc. in this area.
He proposed this area for the accessory building since it is closer
to the highway and not to his neighbors. The cell tower is already
located back in this area along with the tower's equipment storage.
Member Koessel asked if the building would have any heat or
plumbing and Applicant Forward said it would not. Applicant Forward
indicated he would like to add interior lighting next year.
Member Lewis motioned to open the Public Hearing, supported by
Member Robinson. All in favor with none opposed. The Public Hearing
for Case # 08-2922: Jason Forward was opened.
Chairman McDonald invited members of the public to add their
comments. Planning Director Peterson said he did receive a phone call
from the neighbor at 4900 Quiggle who does not oppose the accessory
building.
Member Robinson motioned to close the Public Hearing supported by
Member Richards. All in favor with none opposed. The Public Hearing
for Case # 08-2922: Jason Forward was closed.
Member Lewis motioned to approve the request for a Special Use
Permit be granted to construct an accessory building at 4700 Quiggle
Ave. with the following conditions:
1) If an attached garage is constructed the building will need to be
removed or a variance granted.
2) The location is either approved by the ZBA or relocated in
compliance with Township's standards.
Member Robinson supported the motion adding two (2) conditions:
3) The accessory building is not to be used for business or in
conjunction with a business.
4) Any exterior lighting that is added must be downcast.
Member Koessel suggested adding the condition that the case does
not have to come back before the Planning Commission if the ZBA
changes the location of the accessory building.
Member Lewis added the 5th condition that:
5) If the ZBA changes the location of the accessory building, the case
does not have to come back before the Planning Commission.
All in favor of the approval with none opposed. Motion carried.
ARTICLE 7. Any other Business
Discussion of Video Service Provider Right-of-Way Ordinance
Planning Director Peterson said he has been asked to review and
comment on the proposed ordinance. This is a general Township
Ordinance, one that does not required the Commission's review but
would like your chance to review the ordinance and comments prior to
the Township Board's review.
Essentially, this ordinance covers new telecommunications use in
the right-of-way. This proposed ordinance is a copy of an ordinance
the Township already has for current users, the Metro Act, and will
apply to any new companies not covered under the current ordinance.
The attorney is also available this evening to answer any of the
Commissions' questions.
Member Koessel noted that one of the reasons the Township Board is
considering this ordinance is that AT&T has come before the
Township Board to add video so as to compete with Comcast. AT&T
has new boxes for their video equipment that are substantially larger
than the current utility boxes. One of the concerns the Board has is
where exactly would these boxes be located.
At the Township Board Meeting, the legal consultant proposed this
ordinance and the Township Board would like to present the Ordinance
to the Planning Commission for their feedback for when they review it
again at the next Township Meeting.
Attorney Rice noted that the utility boxes that AT&T are
installing are considerably larger. She clarified that AT&T is a
phone company and operates under the Metro Act and they have a permit
that allows them to have provisions to operate with a right-of-way.
The ordinance presented for the Commissions' review would not
govern AT&T and would govern cable or video service providers.
There are no known new video providers at this time. Comcast has a
consent agreement with the Township that expires in 2016. When this
agreement expires, Comcast will then need to obtain a new agreement
with the Township under this new ordinance.
The ordinance that is being presented tonight is a similar
ordinance other Townships are adopting. This act is new, it has not
been tested by the courts yet but the belief is that there is
"power in numbers" and is best to have the act in place than
not at all.
At the last Planning Commission Meeting Attorney Rice attended,
there was a lot of discussion regarding the County's Right-of-Ways and
the County prefers to step back away from this and have delegated the
authority to the municipalities to enact the ordinances and provide
management of the right-of-ways.
Chairman McDonald asked if the main idea for this act is to have
potential control of the right-of-ways and Attorney Rice said that is
correct.
Member Lewis asked Attorney Rice if this act protects the community
from having the large utility boxes in their yards? Attorney Rice said
that without the ordinance, there is no ground to stand on and
Planning Director Peterson noted that in the current language it does
address the exact location of the boxes.
Member Koessel said the Board's understanding is that given the
fact that there are public utility right-of-ways, this ordinance
provides as much protection the Township can get by law and this has
not been tested in a court of law yet and no precedence has been set.
Attorney Rice stated Member Koessel is correct and we do not know what
technology will bring in the next four to five years but this act
provides protection.
ARTICLE 8. Adjournment
Chairman McDonald requested a motion for adjournment.
Member Lewis supported by Member Robinson moved to adjourn. The
motion carried and the meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Jack Lewis, Secretary
Lisa Hern, Recording Secretary
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