Ensley Township in Newaygo County MI

Planning Commission

April Minutes

Ensley Township Planning Commission Meeting Minutes

April 24, 2006

Members Present:        

Phil Starr

Keith Bouwkamp

Matthew Bonzo

John Vander Meulen

Ralph Palmer

Louise Yowtz

Ronald Bell

Members Absent:

            None

Guests Present:

Robert Hall Zoning Administrator

Public:

            Two

Meeting:

            Meeting was called to order at 8:02 by Starr.  Pledge of Allegiance was cited.

Starr presented the agenda.  Bouwkamp made a motion to approve the agenda, Vander Meulen approved.

Unapproved meeting minutes of March 27^th ‘06

            Minutes of 3/27/06 were read.  There were no changes made.

Motion made (Yowtz) and supported (Bouwkamp) to approve minutes of 2/27/06 with no changes.

Bouwkamp made a motion that only approved meeting minutes be posted on the Ensley web site. Starr called for a vote: Starr, aye; Bouwkamp aye; Bonzo aye; Vander Meulen aye; Yowtz aye; Palmer aye 

Correspondence Received

Phil Starr introduced a training program/workshop from the Michigan University Extension about the “Michigan Zoning Enabling Act”.

Louis Yowtz bought material from the “Basic Planning and Zoning” program sponsored by Muskegon Community College and recommended all take a look at the Power Point presentation.  Also, in summary, she said she learned the following;

Ordinances should have two sets of “review standards”, Use Variances and non Use Variance standards.

Voting majority by a Planning Commission is majority of those members present and voting majority of a Zoning Board of Appeals is by majority of members on the board.

Planning Commission member’s views are independent of the Township Board but it is the Township board’s responsibility to “sort them out”.

Public Hearing, Dog Kennels

At 8:15 John made a motion to go to the public hearing for amending Section 5.02; Special Land Use Dog Kennels.  Phil Starr called for a vote: Starr, aye; Bouwkamp aye; Bonzo aye; Vander Meulen aye; Yowtz aye; Palmer aye

Phil Starr read Section 5.02

Public Comments/Questions

            The following questions/comments and answers were made and given:

Public Question:  “Ordinance says no more than three (3) adult dogs or else a permit is required; is there a minimum?

PC Answer: Ordinance does not specify a minimum

Public Question: “Are existing Dog Kennels Grandfathered?”

PC Answer:  Yes

Public Question: “Who will police/enforce the ordinance?”

PC Answer: The Township would wait for a complaint or an unfavorable complaint from the County Inspector to take action

Public Question:” How many Dog Kennels are there now?”

PC Answer: Two or three.

No further discussion.

Keith Bouwkamp made a motion to end the public hearing for amending Section 5.02; Special Land Use Dog Kennels.  John Vander Meulen supported the motion. 

Phil Starr called for a vote: Starr, aye; Bouwkamp aye; Bonzo aye; Vander Meulen aye; Yowtz aye; Palmer aye

Matthew Bonzo made a motion to approve Section 5.02 as read.  Ron Bell supported the motion.

Phil Starr called for a vote: Starr, aye; Bouwkamp aye; Bonzo aye; Vander Meulen aye; Yowtz aye; Palmer aye

Public Hearing, Minimum Width requirement for Dwellings to be 24 feet

Louis Yowtz made a motion to go to the public hearing for amending Section 3.25A; Minimum Width requirement for Dwellings.  Keith Bouwkamp supported.  Phil Starr called for a vote: Starr, aye; Bouwkamp aye; Bonzo aye; Vander Meulen aye; Yowtz aye; Palmer aye

Phil Starr read proposed amendment to Section 3.25A

Public Comments/Questions

            The following questions/comments and answers were made and given:

Public Question:  “What about sloped or roofs?

PC Answer: Not part of the proposed change

Public Question: “Will this really eliminate single wide trailers?”

PC Answer:  Single wide trailers are effectively eliminated now due to the overhang ordinance

No further discussion.

Louis Yowtz made a motion to end the public hearing for amending Section 3.25A.  John Vander Meulen supported the motion. 

Phil Starr called for a vote: Starr, aye; Bouwkamp aye; Bonzo aye; Vander Meulen aye; Yowtz aye; Palmer aye

Keith Bouwkamp made a motion to adapt proposed amendment as read.  Mat Bonzo supported the motion. 

Phil Starr called for a vote: Starr, aye; Bouwkamp aye; Bonzo aye; Vander Meulen aye; Yowtz aye; Palmer aye

Reports       

A.     Township Representative

John Vander Meulen asked if there were questions concerning the meeting minutes.

1.      There is a prescription drug discount card available for all in the county that will cover 20%

2.      There is no new news on the survey

3.      A letter was received from Kent County concerning the request for a guard rail at the end of Algoma which stated that Kent County Road Commission does not feel a guard rail is required but also noted that they installed additional signage to alert drivers of the intersection

B.     Information and Inquiry

Phil Starr called for questions from the public:

Public Question:  “Who is responsible to enforce the Vicious Animal Ordinance? Is it Animal Control, if so, it should be stated somewhere for people of the Township to know whom to contact

PC Answer: The Township is responsible to enforce the ordinance.

ZA Comment: The Vicious Animal Ordinance is a “standalone” ordinance which means it was enacted without the Planning Commission.  That leaves two options for enforcement; the Township Board specifically designates someone or the Township Board relies on the County and in this specific case that would be Animal Control.

Public Comment:  People think that if they are dealing with a Township Ordinance, then they need to contact someone in the Township; not the County.  

Louis Yowtz made a motion that the Township Specify on the Township Web Site who is the contact person for Township Ordinance enforcement and complaints. Keith Bouwkamp supported the motion. 

Phil Starr called for a vote: Starr, aye; Bouwkamp aye; Bonzo aye; Vander Meulen aye; Yowtz aye; Palmer aye

Public Question:  “In the past the Township required specific use permit for a business on township property not run out of the living space; where is this in the Ordinances?  In other words, can a person run a business out of his barn if he complies with Section 3.14?

PC Answer: If the business is not run out of the home, then the Special Use requirements for that zone apply. 

ZA Comment: The requirement for the Special Use is not in the ordinances as long as the business is covered and complies with Section 3.14.

C.     Zoning Administrator

Robert Hall passed out the Zoning Administrators Report for April 24^th, 2006 including a copy of a mailing received from MSU Extension concerning a workshop for the new Michigan Zoning Enabling Act.

Relative to the workshop and due to the cost of attending, Phil Starr will recommend limiting the participation to one individual and have the attendee disseminate the information to the rest of the Planning Commission.

Louis Yowtz requested a synopsis of the permits issued or denied in the report if possible.

  Old Business

A.     Eave Overhang on Homes and Mobiles

Phil Starr called for discussion.  Ron Bell recommends getting data from manufacturers in order to avoid making an arbitrary decision.  Phil Starr does have some manufacturing information that indicates most structures are being built with a maximum 9” to 12” eave.

Topic was tabled until further information is received.

New Business

A.  Site Condo; Zoning Language from L.S. Planner

Phil Starr called for discussion recommended the issue be tabled until the Planner from L.S.L. Inc. can attend and personally explain their recommendations made in their latest’s correspondence to address concerns/questions the Planning Commission has with Option “C” contained in their February 14^th “recap” letter.

Louis Yowtz made a motion that the Township concerning the language proposed in section 3.35C, 3.40, 3.42, 3.43, 3.44, 3.45, and 3.46.  as well as Section 2.03 and Section 15.05.  Keith Bouwkamp supported the motion. 

Phil Starr called for a vote: Starr, aye; Bouwkamp aye; Bonzo aye; Vander Meulen aye; Yowtz aye; Palmer aye

B.  Demolition; Dangerous Building.

Phil Starr called for discussion on the letter “Dangerous Building Ordinance” passed out at March 27^th meeting.

Phil Starr asked the Zoning Administrator to comment on enforcement.  Robert Hall commented that there is generally no known issues with enforcement of such an ordinance other than it could expensive to raze a building and that the township should consider actions that a owner might be required to undertake or at least have the option to undertake in order to make the structure safe or move it out of the category of “Dangerous Building”.

Ron Bell made a motion to hold a public hearing in June on the proposed Dangerous Building ordinance.  Keith Bouwkamp supported the motion. 

Phil Starr called for a vote: Starr, aye; Bouwkamp aye; Bonzo aye; Vander Meulen aye; Yowtz aye; Palmer aye

Motion made by Keith Bouwkamp and supported by Ron Bell to adjourn at 9:55 PM

Sec.  Palmer

Copyright 2011 - Ensley Township - All Rights Reserved