MARION TOWNSHIP PLANNING COMMISSION

                                       DECEMBER 17, 2002 @ 7:30 PM 

MEMBERS PRESENT:            John Lowe, David Hamann, Jean Root and Debra Wiedman-Clawson

  MEMBERS ABSENT:            None

  OTHER PRESENT:                 Annette McNamara, Zoning Administrator

  CALL TO ORDER

  John Lowe called the Regular Meeting to order at 7:30 p.m.

  APPROVAL OF AGENDA

  John Lowe amended the agenda by moving the New Business item, Sterling Training Center, to the beginning of the agenda. 

  David Hamann motioned to approve the agenda as amended.  Jean Root seconded.  Motion carried 4-0.

  APPROVAL OF MINUTES

  The minutes from the November 26, 2002 meeting are not available for review.

  NEW BUSINESS

  Sterling Training Center-Special Use Permit: Application number 03-02

  Katherine Mair is present and will be representing the property owner, Jason Dimanin. Mr. Dimanin has applied for a Special Use

 Permit allowing a commercial stable on his property located at 5326 Pingree Road, Howell, Michigan.  Mr. Dimanin’s property is 

located in a rural residential zoned area.  Mr. Dimanin’s property is 13 acres in size with 13 horses.  Parking lot allows for 13 spaces,

 this exceeds the ordinance requirement of six.  The dimensions of the indoor arena are 120 foot by 60 foot and the outdoor arena’s

 approximate area is 145 foot by 70 foot. 

  Katherine Mair stated the holding area is approximately 50 foot away from a neighbor and will be moved to accommodate the

 200 foot requirement, stated in Section 17.28 D. 7.

  CALL TO PUBLIC

  None.

  MOTION

  Jean Root motioned to accept the Special Use Permit Application #03-02 and Site Plan for tax code parcel number, 

4710-31-100-036, for Sterling Training Center. A public hearing will be set for January 28, 2003 at 7:00 p.m. 

 Dave Hamann seconded.  Motion carried 4-0.

  OLD BUSINESS

Proposed Ordinance Amendments:

              Section 17.10-Communication Towers

            Section 5.05 C-Variances

            Section 8.02 F 1 a & b- Minimum Net Lot Area

            Section 7.10- Schedule of Regulations

            Section 6.28- Amateur Radio Towers & Antennas

            Section 6.29- Single Family Cluster Housing

  Proposed ordinance amendments were forwarded to the Livingston County Planning Commission (LCPC) for review.  

These amendments were reviewed at its October 16, 2002 meeting and its findings were forwarded to the Marion Township Board.

  The LCPC has recommended the Marion Township Planning Commission review these findings.

  Section 17.10- Communication Towers

   The Livingston County Planning Commission has recommended a disapproval of this proposed change. Their stated reasons are

 as follows: It is staff’s opinion that the proposed text amendments to Articles 17 and 3 are lacking some important details as

 described in this staff review.  Specifically:  additional text amendments to the Marion Township Zoning Ordinance that are 

necessitated by text that states the WCA’s shall be considered Permitted Accessory Uses and that WCSF’s shall be considered 

Specially Permitted Uses, and the use of definitions for Wireless Communication Facilities (WCF) and Wireless Communication

 Support Facilities (WCSF). John Lowe suggested this item be tabled until John Ambrose, Township Planner, can be present

 to discuss.

  MOTION

  Jean Root motioned to table Section 17.10 Communication Tower Ordinance Amendment to the next regular meeting on 

January 28, 2003.  David Hamann seconded.  Motion carried 4-0.

  Section 5.05 C- Variances

  The LCPC has recommended an approval with conditions of this proposed change.  Its stated reasons are as follows:

  This text amendment is reasonable and appropriate and with a few minor modifications to the opening and closing paragraphs,

 items (c.) and (f.), it should add helpful new text to the Marion Township Zoning Ordinance.

  After discussion by board members, it was suggested to change:

·        technical language to “not self created” in item c.

·        to add terminology at the beginning and closing stating, “practical difficulty or unnecessary hardship.”

  MOTION

Jean Root motioned to table Section 5.05 C Ordinance Amendment to the next regular meeting on January 28, 2003.  

David Hamann seconded.  Motion carried 4-0. 

  Section 8.02 F 1 a & b- Minimum Net Lot Area

Article 7.10 Schedule of Regulations

  The LCPC has recommended an approval with conditions, conditions being that the township consider providing definition for,

or change the wording “interior public or approved private road.”

  After discussion by board members, it was suggested to change:

·        Section 8.02 F 1 b--A building or structure with public sewer may be established on a parcel of not less than 20,000 square feet 

providing the frontage of said parcel is not on a major thoroughfare.

·        Add to Section 7.10 h (footnotes) item the same verbiage as above.

  Obtain a list from the Livingston County Planning Department (LCPD) of what they consider to be major thoroughfares. 

 Create a list of such roads in Marion Township and send with the zoning ordinance definition to the LCPD.

  MOTION

  Jean Root motioned to have John Ambrose, Township Planner, review the changes proposed in Section 8.02 F 1 b and 

Section 7.10 H.  David Hamann seconded.  Motion carried 4-0.

  Section 6.28- Amateur Radio Towers & Antennas

The LCPC has recommended disapproval of this proposed change. Its stated reasons are as follows:

It should pertain to certain districts.  It could be restrictive in subdivisions.  John Ambrose suggested adding 

“in residential zoning districts.” 

  MOTION

 Jean Root motioned to resubmit to John Ambrose, Township Planner, for review as written in November 16, 2002 letter and 

prepare to send to Livingston County Planning Department, upon his approval.  David Hamann seconded. 

 Roll call vote—Lowe, Hamann, Wiedman-Clawson, and Root—all yes.  Motion carried 4-0.

  Section 6.29- Single Family Cluster Housing

  MOTION

  David Hamann motioned to table Section 6.29 Single Family Cluster Housing to next regular meeting on January 28, 2003. 

 Jean Root seconded.  Motion carried 4-0.

  CALL TO PUBLIC

  Dan Lowe stated he believed these proposed changes would require another public hearing.

  MOTION

  Jean Root motioned to set a public hearing at 7:25 p.m. on January 28, 2003 for Section 8.02 F 1 b, Section 7.10 H, 

and Section 6.28 Amateur Radio Tower & Antennas Ordinance Amendments.  David Hamann seconded.  Motion carried 4-0.

  MOTION

  David Hamann motioned that proposed Ordinance Amendments return from the Livingston County Planning Department to the 

Marion Township Planning Commission for review of Section 8.02 F 1 b, Section 7.10 H, and Section 6.28 Amateur Radio

 Towers & Antennas on January 28, 2003.  Jean Root seconded.  Motion carried 4-0.

  ADJOURNMENT

Jean Root motioned to adjourn at 9:20 pm.  David Hamann seconded.  Motion carried 4-0.