A) CALL TO ORDER
Chairman Kusina called the meeting to order at 6:00 PM at the Coast Guard Training Room
Members present: Kusina, Dobulis, Hodgson, Whitney, Sitzma and Hess
Members Absent: Fels, Cross and Flanders
Staff Present: Harsch, Manore and Wiesner
B) INQUIRY INTO POTENTIAL CONFLICTS OF INTEREST
None
C) APPROVAL OF AGENDA
The agenda was approved as presented.
D) APPROVAL OF MINUTES
Motion by: Dobulis Supported by: Whitney To approve the minutes of the regular meeting of March 8, 2004 as presented.
Approved by unanimous voice vote.
Motion by: Dobulis Supported by Hodgson To approve the minutes of the special meeting of March 17, 2004 as presented.
Approved by unanimous voice vote.
E) CORRESPONDENCE
Correspondence was received from Nancy E. Rajewski, Chairperson of the Charlevoix Township Planning Commission regarding the meeting dates of their Master Plan review process. (see attached)
F) PUBLIC HEARINGS
1. Public Hearing for Case #04-07SV – Captain’s Corner – 111 M-66
Chairman Kusina called the case. Michelle from Heller Signs was present to review the Applicant’s request and answer questions. She indicated that the existing sign will be removed. The proposed sign will be down-lit and constructed of the same type of materials used for the new light poles.
The Commission reviewed and adopted Staff’s findings, as follows:
8.59 SPECIAL REGULATIONS
(III) All of the following conditions, in the judgment of the Planning Commission, shall exist before any authorization as provided for in this chapter shall be granted. Any such authorization granted shall:
a) Not be contrary to the public interest or the general intent and purpose of this Chapter.
This sign is not going to be contrary to the public interest because it is reasonable in its size as it relates to other signs which have been approved in the City. The location and scale is appropriate to size of the property.
b) Not cause substantial adverse effect to properties in the immediate vicinity or in the sign district where the authorized deviation is located.
The properties in the immediate vicinity of this site are Northwestern Bank, Midwest International and the vacant Citizens Bank. Due to the signs location, it will be barely visible from the properties in the immediate vicinity. No negative correspondence has been received regarding this request. The location and size of this sign will not impact Required parking (Exhibit 3)
(IV) SPECIAL FINDINGS
If all of the foregoing conditions can be satisfied, an authorization for a sign variance may be granted when the Planning Commission determines that any one of the following special findings can be clearly demonstrated:
(a) There are exceptional or extraordinary circumstances or conditions which apply to this property that do not apply to other properties in the same zoning district.
Captains Corner is located off of M-66 highway. The stores are located at the rear of the property, making them difficult to identify from the highway. The highway right-of-way at this location is greater than most C-1 properties in the City. The posted speed limit along M-66 is 45 mph which makes it difficult to identify each store and its location.
(b) That such deviation is necessary for the preservation of a substantial property right possessed by other properties within the same sign district.
There are properties in the C-1 zoning district that have similar business center signs, necessitated by their location and visibility problems. The Kusina buildings, Olesons and Port Air Plaza all have been approved for similar signage.
Motion by Hodgson Supported by Whitney
To grant Case #04-07SV a sign variance to allow the construction of a “business center sign” with thirty-six (36) square feet of sign area. This variance is granted on the basis that standards in Section 8.59 III & IV of the Sign Ordinance have been met.
Ayes: Hess, Dobulis, Kusina, Hodgson, Whitney and Sitzman
Nays: None
Motion Carried
G) OLD BUSINESS
1. Discussion regarding RL Hughes and the MC zoning district
Mr. Hughes and his attorney Mr. Richard A. Shapack were present to present their proposed ordinance amendment (see attachments).
Mr. Shapack stated he is looking for a “good neighbor policy” ordinance. When a neighbor does something on their property, it should not be allowed to impact the neighbors.
Mr. Hughes suggested that Staff’s graphic was incorrect and that his area of view would be greater if the neighbor built to the water’s edge.
Mr. Kusina pointed out that when the Hughes’ bought their property they were aware of the MC regulations. He questioned why Mr. Hughes did not put something in his deed restrictions. Mr. Kusina also pointed out that the new owner bought the Lieberman property with the expectation that he could build to the water’s edge.
Mr. Hodgson pointed out that there is nothing in Michigan law guaranteeing a “view right”. The best solution is to purchase a view corridor.
Ms. Whitney agreed that the new property owner has a reasonable expectation to use his property as allowed by Ordinance.
Mr. Harsch suggested that the Planning Commission table this matter to allow the City Attorney time to review this matter.
Mr. Shapack requested that a public hearing be scheduled to hear his recommended amendment to the zoning ordinance.
Mr. Kusina pointed out that there are three members absent and he would prefer to have a full commission present.
Motion by Hodgson Supported by Whitney
To table this matter to the next meeting and request that the City Attorney be present.
Ayes: Hess, Dobulis, Kusina, Hodgson, Whitney and Sitzma
Nays: None
Motion Carried
H) NEW BUSINESS
1. Review of the Capital Budget for the year 2004
Mr. Wiesner, City Manager reviewed the proposed Capital Budget with the Planning Commission.
Ms. Whitney stated that the Whitney Family Foundation gave
$5,000 four years ago and $5,000 three years ago to build a snow boarding facility at Mt. McSauba. She stated they have never received any information or acknowledgements regarding their donations.
Mr. Wiesner stated those funds are still in place. He indicated that the City has hired Peter Pollock to design that project. Ms. Doan questioned whether these funds will go to pay for an expert.
It was suggested that a GIS presentation be made to the Planning Commission.
Motion by Hodgson Supported by Sitzma
To accept the Capital Budget as presented.
Ayes: Hodgson, Whitney, Sitzma, Hess, Dobulis and Kusina
Nays: None
Motion Carried
2. Discussion to limit the square footage of commercial facilities
Mr. Harsch pointed out that the City Council minutes of March 1, 2004 directed the Planning Commission to consider an ordinance amendment to limit commercial buildings to 50,000 sq. ft. in the C-1 zoning district.
Ms. Sitzma pointed out that at a subsequent meeting, Ms. Gibson proposed a revision to her original motion, but reducing the size to 30,000 sq.ft.
Mr. Hodgson stated an amendment would not be a good idea since it would be unenforceable. He suggested that the special use permit process could be used when dealing with large buildings.
Mr. Dobulis agreed with Council. He suggested that without an amendment, a developer could come into Charlevoix and possibly build a three story retail structure. He questioned if there were any sites where a 50,000 sq. ft. building could be constructed. He suggested that 30,000 sq. ft. would be more appropriate.
Mr. Hess stated that there needs to be standards. He suggested that once the Master Plan update is done then the Commission can address this issue in the Zoning Ordinance. Ms. Whitney agreed.
Motion by Dobulis Supported by Sitzma
To amend the Zoning Ordinance to limit commercial buildings in the C-1 zoning district to 30,000 sq.ft.
Ayes: Dobulis and Sitzma
Nays: Hess, Kusina, Hodgson and Whitney
Motion Failed
3. Comprehensive Plan Revisions
Mr. Harsch presented his memo of 12/9/03 regarding the City Comprehensive Plan revisions. In addition, Mr. Harsch reviewed the 13 plan elements. The check list for adopting/amending the City Master Plan, as prepared by Jim Young, City Attorney was also presented. (see attached documents)
Ms. Sitzma requested that the Secretary send a letter to City Council inviting them to the meetings to amend the Master Plan.
I) FUTURE AGENDA ITEMS
None
J) ADJOURNMENT
There being no further business, the Chairman adjourned the meeting at 8:30 P.M.