September 27, 2011

CALL TO ORDER:

PLEDGE OF ALLEGIANCE: 

APPROVAL OF AGENDA FOR: September 27, 2011 Regular Meeting

INTRODUCTION OF MEMBERS:

CALL TO THE PUBLIC:  Agenda Items only – 3 minute limit

APPROVAL OF MINUTES FROM:  July 26, 2011 Public Hearing & Regular Meeting

OLD BUSINESS:

1)        Proposed Zoning Ordinance requirements for Outdoor Furnaces

2)        Proposed Text Amendment - Adding Agricultural Uses to Suburban Residential

3)        Discussion – Land Divisions creating non-conforming structures

NEW BUSINESS:

1)        Discussion – Allowing Clothing Donation Drop Boxes & review of language to regulate

CALL TO THE PUBLIC:

ADJOURNMENT:

MINUTES

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

                                                JERRY SIDLAR, VICE-CHAIR

JEAN ROOT, SECRETARY

BOB HANVEY

JIM MURRAY

MEMBERS ABSENT:                   NONE

OTHERS PRESENT:                    SALLY ELIMGER, CARLISLE/WORTMAN & ASSOCIATES

ANNETTE MCNAMARA, ZONING ADMINISTRATOR

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CALL TO ORDER

John Lowe called the meeting to order at 7:32 p.m.

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

Jean Root motioned to approve the September 27, 2011 regular meeting.  Jerry Sidlar seconded.  Motion Carried 5-0.

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves.   

CALL TO THE PUBLIC

John Lowe opened the call to the public.

There was no response.

John Lowe closed the call to the public.

APPROVAL OF MINUTES

July 26, 2011 Regular and Public Hearing meeting minutes

Jean Root motioned to approve the July 26, 2011 regular & public hearing meeting minutes as presented.  Jerry Sidlar seconded.  Motion Carried 5-0. 

OLD BUSINESS:

Proposed Zoning Ordinance requirements for Outdoor Furnaces

The Board of Trustees reviewed the changes requested by the Planning Commission members at their June 26, 2011 meeting and asked that the distance from the lot line be reduced to 50’.

Jean Root questioned reducing the distance to 50’.  She has reviewed the Zoning Ordinance for other uses that may create a nuisance, such as private stables and hobby kennels; these uses have increased setback requirements.  She would like to see the setback increased.

Discussion on the Planning Commission being a recommending body and the Board of Trustees being an approving body, it is best to go with the Board of Trustees request.

Jerry Sidlar and Jean Root would like to see the setback increased, yet if this is what will get the language adopted they will agree to 50’.

Jean Root motioned to send the proposed text for Outdoor Furnace to the Livingston County Department of Planning for review and comment, if no significant comments are made Annette McNamara is to forward to the Board of Trustees for final review and approval/denial.  Jerry Sidlar seconded.  Motion carried 5-0. 

Proposed Text Amendment - Adding Agricultural Uses to Suburban Residential

The Board of Trustees was satisfied with the proposed text and had no comments.

Jean Root motioned to send Section 8.02 A-Intent, 8.02 B #5 to the Livingston County Department of Planning for review and comment, if no significant comments are made Annette McNamara is to forward to the Board of Trustees for final review and approval/denial.  Jerry Sidlar seconded.  Motion carried 5-0.

Discussion – Land Divisions creating non-conforming structures

John Enos and Annette McNamara met with Mike Kehoe, Township Attorney.  Mike Kehoe noted language within the State of Michigan Land Division Act; that a land division shall be approved if it meets the frontage and area required by a township zoning ordinance.  No other requirements for approval can be added by a township.  Most townships have a statement within the application that states; approval of this land division doesn’t guarantee approval of a land use permit.

The Planning Commission members discussed this agenda item and agreed with Mike Kehoe.

Bob Hanvey noted a requirement in the General Ordinance for access via an easement.  As Marion Township does not allow parcels to be created without road frontage the Planning Commission members would like Mike Kehoe and John Enos to look at the General Ordinance language.   

Jean Root motioned to table this agenda item until Mike Kehoe and John Enos have reviewed the language for any potential conflicts with the Zoning Ordinance and request placement on the Planning Commission agenda.  Jerry Sidlar seconded.  Motion carried 5-0.

NEW BUSINESS

Discussion – Allowing Clothing Donation Drop Boxes & review of language to regulate

Planet Aid has approached Marion Township requesting permission to place their donation boxes within the Township.  A box had been placed at Marion Retail Center and has since been removed.

After much discussion the Planning Commission members agreed to ask Mike Kehoe if an ordinance is necessary to deny these boxes or does the statement in the Zoning Ordinance which reads; what is not provided for is not allowed, enough.

Jean Root motioned to ask Mike Kehoe if Marion Township can deny donation boxes legally or if the statement in the Zoning Ordinance enough to deny the use.  Jerry Sidlar seconded.  Motion carried 5-0.

CALL TO THE PUBLIC

John Lowe opened the call to the public.

Jean Root suggested canceling the October 25, 2011 meeting due to lack of agenda items.  All Commissioners agreed.  There was discussion of canceling the November and December meeting also.

Bob Hanvey told the Planning Commission members there will be a site meeting at the Home Town/MHOG water tower site to tag trees for removal to meet the Livingston County Road Commission site distance standards.

Bob Hanvey informed the Planning Commission members of mediation with the owner of Creature Comforts Dog Kennels.  If a consent judgment is agreed upon Bob Hanvey will bring it back to the Planning Commission.

Bob Hanvey told the Planning Commission members that the Livingston County Chapter of the Michigan Township Association is working on a standard land use permit to be by all municipalities within Livingston County.

John Lowe closed the call to the public.

ADJOURNMENT

Jean Root motioned to adjourn the meeting at 8:45 p.m.  Jerry Sidlar seconded.  Motion Carried 5-0.