MINUTES
CASCO TOWNSHIP PLANNING COMMISSION
REGULAR MEETING
MAY 17, 2011
Present: Members Joe Stevens, Eric Reeve, William Ruemenapp, Wayne Baumgarten, Jennifer Andersen, and Susan Macker; also present Township Planner Rod Arroyo, Township Inspector Roland Suess, Mike Czenkus, John Pavlik, Eric Quint, Hugo Mancini, Mr. Pinkston, Mrs. Achatz, Mr. & Mrs. Mortinger, Bonnie Cichozki, Mr. Nieman, Dean McCullum, Scott Hunter, and 7 more people
Absent: Member Kathy McKenzie
1. CALL TO ORDER
The meeting was called to order at 7:00 p.m., by Chairman Ruemenapp.
2. PLEDGE TO THE FLAG
The Pledge to the Flag was recited.
3. APPROVAL OF MINUTES - APRIL 19, 2011
It was moved by member Stevens and seconded by member Andersen that the minutes of the Regular Meeting held on April 19, 2011, be approved with the following correction. Page 3, No. 8, Section B. was changed to:
B. GUN SALES IN INDUSTRIAL DISTRICTS
Ayes: Members Stevens, Reeve, Ruemenapp, Baumgarten, Andersen, and Macker
Nays: None
The motion carried.
4. APPROVAL OF AGENDA
It was moved by member Stevens and seconded by member Macker that the agenda be approved as submitted.
Ayes: Members Stevens, Reeve, Ruemenapp, Baumgarten, Andersen, and Macker
Nays: None
The motion carried.
5. COMMUNICATIONS
It was reported that the replacement of the pipeline under the St. Clair River is on schedule and should be completed in June or July.
A communication from the Township Attorney was presented.
6. DISCUSSION FROM THE FLOOR
Mr. Pinkston stated that the township needed a new flag in front of the building.
7. PUBLIC HEARING
A. ADAIR SALVAGE - PAWN SHOP - SPECIAL LAND USE
Planner Arroyo presented a list of conditions for the pawn shop. He stated that he was recommending approval of the site plan and special land use with the addition of paving from the handicapped spaces to the building entrance. He also stated that they should identify whether asphalt or concrete is proposed.
Mr. Pavlik stated that this would be done and paving of the second handicapped parking space would be done as soon as the site plan is approved. He said he is planning on using concrete.
The size of the handicapped parking spaces was discussed and Mr. Pavlik stated that the amount he was having paved would exceed the minimum in the ordinance.
The Public Hearing was opened 7:21 p.m.
Susan Achatz stated that she has no problem with a pawn shop opening in Adair and thinks it will being additional business into the area. She also stated that she and her husband took their grandsons to a pawn shop when they on vacation and they had enjoyed it.
Robin and Susan Mortinger said they support the pawn shop. They said they did not think it would bring crime into the area.
Mr. Pinkston said he thinks it would be a good idea and would bring people into Adair. He stated that as a handicapped person he never had any problems in his dealings with the salvage yard and think other handicapped people will be able to work with them.
Bonnie Cichozki stated that she does not support having a pawn shop. She said there are enough problems in Adair with the Suckerfest and people mooning the residents. She stated that she felt this would only bring in more people like that.
A communication from Bonnie Warn was presented stating that she was against the pawn shop because it would not benefit any property value in Adair and would bring crime to the area.
John Pavlik stated that pawn shops have very strict rules they have to follow. People have to be fingerprinted and show a picture ID and a copy of every transaction must be sent to the authorities. He also stated there is a fine they would have to pay if these rules are not followed. We have had people in the past ask if we could lend them money on tools, but we were not able to help them. He said he didn‘t think this business would bring riffraff into the area.
Chairman Ruemenapp stated that pawn shops are legal businesses and they must be allowed somewhere in the township. He stated because of zoning pawn shops could be allowed at this location.
It was moved by member Baumgarten and seconded by member Stevens that the Public Hearing be closed at 7:25 p.m.
Ayes: Members Stevens, Reeve, Ruemenapp, Baumgarten, Andersen, and Macker
Nays: None
The motion carried.
Mr. Pavlik asked if he would need a permit for the paving.
The Planning Commission stated that because this is a public business, he should get a permit. They also stated that if the site plan and special land use are approved, he could open the business as soon as he received his permit. They also reminded him that he would need stripes and signs on the handicapped spaces.
Planner Arroyo recommended that the site plan and special land use be approved based on his communication of May 10, 2011, with the addition that the parking space and sidewalk be labeled concrete on the site plan.
It was moved by member Reeve and seconded by member Stevens that the site plan and special land use for Adair Salvage Pawn Shop be approved per Planner Arroyo‘s communication dated May 10, 2011, and the site plan be modified to show parking of two handicapped spaces and a sidewalk to the building entrance which will be concrete and in accord with ADA requirements.
Ayes: Members Stevens, Reeve, Ruemenapp, Baumgarten, Andersen, and Macker
Nays: None
The motion carried.
B. GUN SALES IN BUSINESS DISTRICT
The proposed amendment to Ordinance #30-78, Section 8.02 B-2 District, permitted principal uses was presented.
The Planning Commission stated that this is a legal business and needs to be allowed somewhere in the township. This ordinance change would allow us to do this in the business zoning. They stated that there already are two home occupancy businesses that sell guns, and outdoor shooting ranges are allowed in industrial zoning right now.
The Public Hearing was opened at 7:38 p.m.
Member Reeve asked if they should look at excluding Sunday business in the special land use.
It was stated that retail stores sell guns on Sundays.
Mr. Pavlik stated that they hade filled out an application and a police officer had already come out to inspect their building and safe. He also said there are very, very strict rules for selling guns and lots of paperwork. He said if you brought a gun in to the pawn shop in the morning, you would not be able to redeem it that day because of paperwork. He also said they would be able to buy a hand gun but would not be able to sell it back to the same person.
Chairman Ruemenapp said the ordinance would allow gun sales in the business district. He also stated that Mr. Pavlik had said the pawn shop would be closed on Sundays so there would be no sales of guns on Sundays.
It was moved by member Stevens and seconded by member Andersen that the Public Hearing be closed at 7:42 p.m., and the Planning Commission recommend the Township Board approve the amendment to Ordinance 30-78, Section 8.02 B-2 District, Permitted Principal Uses.
Ayes: Members Stevens, Reeve, Ruemenapp, Baumgarten, Andersen, and Macker
Nays: None
The motion carried.
C. GUN SALES IN INDUSTRIAL DISTRICTS
The proposed amendment to Ordinance #30, Section 10.03 IND District, Uses permitted on special approval uses was presented.
The Planning Commission stated that since outdoor shooting ranges are a permitted principal use in IND, it was thought that gun sales could be approved under a special land use in this zoning. It was also stated that under a special land use, neighbors are notified and the Planning Commission could set conditions.
The Public Hearing was opened at 7:45 p.m.
Mr. Pinkston asked if they could limit gun sales by calibers.
The Planning Commission stated they were not sure, but they could limit the noise decibels the guns could make at a shooting range.
It was moved by member Macker and seconded by member Stevens that the Public Hearing be closed at 7:47 p.m., and the Planning Commission recommend the Township Board approve the amendment to Ordinance 30, Section 10.03 IND, Uses Permitted on Special Land Use.
Ayes: Members Stevens, Reeve, Ruemenapp, Baumgarten, Andersen, and Macker
Nays: None
The motion carried.
8. UNFINISHED BUSINESS
A. PLANNING COMMISSION BY-LAWS - FIRST READING
The Planning Commission asked Planner Arroyo if everything is ready for a report on the enabling act.
Planner Arroyo reported that he is working on that.
A proposed change in the Planning Commission By-Laws was read. It was stated that if there is no objection or further revision, it can be voted on next month.
There was no objection or further revision.
9. NEW BUSINESS
A. SCOTT & DAIEL BOYD - HOME OCCUPATION - WEBSITE INTERNET BASED POP-CULTURE CLOTHING RETAIL
Planner Arroyo presented a recommendation that this be approved after some additional information is received.
It was stated that a communication had been received signed by Andrew Golden, Steve Golden, and another Golden stating they are opposed to the home occupation because it will affect the peace and quiet of the neighborhood and have excess traffic of autos and trucks.
When asked how often they received deliveries, Mr. Boyd stated that they get a shipment about once a week, and he takes outgoing orders when he leaves to go home every day.
Scott and Dan Boyd said they had a letter from their parents stating their approval of the business.
The Planning Commission stated that under home occupancy you cannot work there unless you live in the home.
The Planning Commission, the Township Planner, and the Boyds discussed the wording in the home occupancy ordinance, Section 13.23.
Planner Arroyo stated that he thought you could say one person was a customary incidental accessory to the service and this would fall under the parameters of the ordinance. He also stated that the wording is not clear as it says no employee not a relative living in the residence. He recommended the Planning Commission revisit the ordinance in the future and see if they want to change the wording.
Mr. Nieman asked how the business worked.
Mr. Boyd stated they order merchandise over the internet, advertise it, and then resell it through the internet.
Mr. Nieman stated that he moved here because it is residential, and he is not sure he likes have a business in the area. He also said he was worried more people would open businesses is their homes.
The Planning Commission stated they are limited in the amount of space in a residence they can use for a business, and it appears that the wording of the ordinance needs to be looked at and possibly changed.
It was moved by member Baumgarten and seconded by member Stevens that the home occupancy for a website based pop-culture clothing retail service for Scott and Dan Boyd as referenced in the Planner‘s communication of May 10, 2011, be approved.
Ayes: Members Stevens, Reeve, Ruemenapp, Baumgarten, Andersen, and Macker
Nays: None
The motion carried.
B. RONDIGO, LLC - SET PUBLIC HEARING
Planner Arroyo presented a communication recommending denial of the special Land Use and Site Plan Application for Rondigo, LLC.
Representatives from Rondigo, LLC presented a communication in regard to Planner Arroyo‘s communication. They requested a Public Hearing be set to discuss their request.
The Planning Commission, the Planner, and the representatives from Rondigo discussed both communications.
Planner Arroyo stated that if the Planning Commission has any questions on whether the use would fall under the zoning, they should table the request and ask the Township Attorney for an opinion.
The Planning Commission asked the Rondigo, LLC representatives if they would object to the Commission getting a recommendation from their attorney before making a decision.
The representatives stated they have no objection as long as they are apprised of what the Township Attorney submits.
The Planning Commission stated that a copy of the Township Attorney‘s decision would be forwarded to Rondigo, LLC.
It was moved by member Reeve and seconded by member Macker that Rondigo, LLC‘s request for a Public Hearing be tabled until the June 21, 2011, meeting.
Ayes: Members Stevens, Reeve, Ruemenapp, Baumgarten, Andersen, and Macker
Nays: None
The motion carried.
10. PLANNER'S REPORT
Planner Arroyo reported that he would have a report on the enabling act for the June, 21, 2001, meeting.
11. REPORT FROM COMMITTEES
There were no Reports From Committees
12. ADJOURNMENT
It was moved by member Baumgarten and seconded by member Andersen that the meeting adjourn at 8:55 p.m.
Ayes: Members Stevens, Reeve, Ruemenapp, Baumgarten, Andersen, and Macker
Nays: None
The motion carried.