Ensley Township in Newaygo County MI

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Ensley Township
7163 120th St.

Sand Lake MI 49343
616-636-8510

 

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Planning Commission


June '07 Minutes

 

 

Ensley Township Planning Commission Meeting Minutes

June 25, 2007

Members Present:

Phil Starr, Matthew Bonzo, John VanderMeulen, Keith Bouwkamp, and Louise Yowtz

Members Absent:     Ralph Palmer

Guests: Bob Hall and Ross Harwood

Public: Mahlon Ellick, Joanne Vandenberg, Faye Folkema, and Lyle Hawkins

Meeting:

A.                 Pledge of Allegiance

            Meeting was called to order at 8:05 by Phil Starr. Pledge was cited.

B.                 Roll Call

Ralph Palmer is absent.

C.                 Approval of the Agenda

Motion by Starr, support by Bonzo to approve the agenda for this evening. Motion carried.

D.                Approval of Minutes of May 21, 2007

Motion by Bell, supported by VanderMeulen to approve minutes of previous meeting. Starr asked for a vote and the motion was carried.

Reports:

A.                 Correspondence Received

Starr reported on one item of correspondence.

B.                 Township Representative

VanderMeulen reported on the park at Baptist Lake, noting the brush had been sprayed and stone brought in for the boat launch. He mentioned the board had been discussing the land division ordinance.

C.                 Information and Inquiry

None

D.                Zoning Administrator

Bob Hall mentioned he is planning on giving a report on his monthly work to the PC, which would be similar to what he gives to the board. This is needed as PC members have people ask them about the monthly progress of the township, just as board members do.

Public Hearings

Motion by VanderMeulen, supported by Bonzo to close regular meeting and open the public hearing. Motion passed.

Hearing #1 MI Zoning Enabling Act

Hall reported on placing this act into the zoning ordinance. Open to audience discussion. M. Ellick asked if it is required by the state to be in the ordinance. Starr stated that it is not required by the state, but it is recommended for placement. The township must be referring to it and following it. Faye Folkema asked if this would be pertaining to the Eckelstaffer issue, specifically Linda Eckelstaffer’s request to the township. Hall mentioned this act would fall after that issue, as it deals more with the definitions in the zoning, but it would take care of the Eckelstaffer request. VanderMeulen mentioned he feels it makes the most sense and good use to be placed into the zoning ordinance.

Hearing #2 Lot Width/Depth Ratio

Hall noted Section 3.37 allows the PC to consider as a special land use a lot with depth which is greater than four times the lots width. This assumes that 100 percent of the township is used for agricultural purposes.  PC would eliminate the obstacle to make a lot greater than four times its width with not being agricultural land. This would be for 30 to 40 acre parcels primarily.

Mention of the Johnson case on 136th. This dealt with two parcels which made good land use but the ordinance did not allow for it. Approval of this would make it easier for the PC to say yes to such requests. M. Ellick asked if this would eliminate long and narrow 20 acre parcels. Hall stated it would not. Hall also mentioned this would have no affect on lots currently. Yowtz discussed with Ellick why people would still need to come before the PC if they wish to change the lot. Folkema asked if they would have to bring a long 40 acre lot to conform with zoning before building on it. Hall replied they would not, as the lots have one use, which is ag. Long 40 acre lots are not in violation as they can be used for the purpose intended and have one dwelling. Two residences are not allowed.

VanderMeulen questioned whether the lot must stay with one use. Hall stated it may change so long as it stays within the provision of the ordinance. Starr mentioned he feels this will not affect many people. Mention of the Johnson case on 136th by Hall, as the easement for the property is not on a public road. It is a nonconforming lot, but will meet all the requirements of the ordinance. A change on width or depth would not help Mr. Johnson. The requirement for a 4:1 ratio currently is that the lot cannot be used for farming. M. Ellick commented that any lot can be used for agriculture if someone really desired to in Ensley. Hall then mentioned the requirement to be agricultural is 51 percent of the land must be used for ag purposes. Bonzo then asked if this is adopted, and the lot is suitable for ag, could it still be granted. Hall replied it could be granted.

Hearing #3 Zoning Administrator and Nonconforming Uses/Structures and Lots

Hall mentioned all building must meet setbacks when rebuilding on an old lot after a teardown. Approval would let him use setback averages and allow new construction to match the surrounding lots. Perhaps this would allow for                approval without coming before the ZBA. A major change would need to come before the ZBA at the zoning administrator’s discretion. Joanne Vandenberg asked if this would relax current zoning. Hall stated it would more or less give him the ability to look at adjacent lots and decide if they should proceed to the ZBA.

Motion by Yowtz, supported by Bouwkamp to close the public hearing and open the regular meeting. Motion carried.

            Discussion by PC of Public Hearings

            #1 MI Zoning Enabling Act

            Motion by Yowtz to update the township ordinance. Supported by Bonzo.

            All in favor, motion carried.

            #2 Section 3.37 Lot width/depth ratio

Motion by VanderMeulen, supported by Yowtz to approve. All in favor, motion carried 

#3 Section 3.23 Nonconforming Uses/Structures and Lots

Motion by Bouwkamp recommending approval. Support by VanderMeulen.

All in favor, motion carried.

Starr mentioned the approved hearings will now go before the county PC and then to the township board.

Old Business:

A.        Special Meeting on the Master Plan will be on the 11th of July.

A secretary will be needed for that meeting.

            B.        Homework assignments from the April meeting given to each member should

                        continue to be worked on for delivery to the PC.

 New Business:

A.                 Bylaws of PC

Starr reported on correspondence from the Michigan Association of Planners Magazine which stated on the specifics of what should be included in the monthly minutes of the PC meeting. Approved minutes should be available for public review five days after the meeting. This should be placed in the bylaws.

Discussion of amending bylaws follows. The question arose of what to do if there is a conflict of interest with a PC member or audience member.

Hall mentioned files kept on the Johnson case on 136th as well as other issues he works with. He stated the bylaws should be amended to include what should be kept in such files. He also noted that mediation and discussion needs to be in the minutes. Starr mentioned that a staff person may need to take the minutes instead of a PC member, as minute taking can impair the member from partaking in valuable discussion with other PC members. This is especially needed for special meetings.

Yowtz stated to wait for R. Palmer to return so he can add his thoughts on this topic as he currently is secretary. Issue tabled until July meeting.

B.        Conover Lake- Additional Meetings           

Mention by Starr of additional meetings as needed, as the Conover lake planned unit development is coming up in the following months. Hall stated he received property division, and the parcel would be somewhere between 19 to 21 small lots with two private roads. Hall also mentioned the PUD needs to have a site plan review, a special land use for the private roads, and he expects a representative to be at the July meeting. The escrow ($3,000 minimum) will pay for any additional meetings or legal services, homes closest to 120th would be demolished. They are applying for this under AR residential, but the property is zoned lake residential. Each dwelling will be on one lot.

Bob Hall will get the escrow and use it on LSL Planning. Hopefully he can arrange for a representative from LSL to be at the next meeting if the escrow arrives.

Motion by Starr, supported by Yowtz to adjourn at 9:45 PM. Motion carried.

Submitted by,

Ross Harwood, Deputy Clerk

 

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