REGULAR MEETING March 19, 2003 6:30 P.M. _____________________________________________________________________________
PITTSFIELD TOWNSHIP ZONING BOARD OF APPEALS MINUTES ______________________________________________________________________________ Members Present: Kenneth Brostrom, Robert Grosshans, Edward Resha and Alayna Stagg
Members Absent: Ishwar Naik,
Others Present: Greg Elliott, Dave Hughes, Craig Singer, Fred Goldberg, Chuck Loomis, Phil Conlin, Dan Speicter, Zoning Administrator Mark Spencer and Marge Burkheiser, Recording Secretary
1.0 Call Meeting to Order/Determination of a Quorum
Vice Chair Grosshans called the meeting to order at 6:39 p.m. A quorum was present.
2.0 Approval of Agenda
Motion by Member Resha, supported by Member Brostrom, to approve the agenda, as presented.
MOTION CARRIED
3.0 Communications and Announcements
Zoning Administrator Spencer informed the Members originally there was a third item [ZBA 03-04-Earl Linke] for this agenda and that has been withdrawn by the applicant. He further stated that after further research and review there has been a way to facilitate the property split without the intervention of the ZBA. He also stated the fees will be refunded to the applicant minus any cost that had been incurred.
4.0 Items from the Floor
None.
5.0 Old Business
None.
6.0 New Business
6.1 ZBA 03-01 Rogvoy Architects (Oak Valley Centre) [submitted for sign variance of the setback]
Assistant Planner Goddard reviewed her report giving some explanations of the road and entrances at the site and that the realignment of Waters Road has caused some minor visibility problems for the existing sign. She also stated there is the possibility one tree may need to be removed with the relocation of the sign and suggested a new tree be installed near the location where the tree had been removed. She further suggested that an up arrow could be added to the current sign to indicate the entrance is further up Ann Arbor-Saline Road.
Zoning Administrator Spencer stated the proposed sign is shown perpendicular to the road, which adds to the problem of the setback and right-of-way and if the sign was parallel to the road it would be easier to meet the setback requirements.
Chuck Loomis, architect, stated they are requesting a variance of the setback to reposition the current sign, which is needed to reduce the set back requirements. He stated this was to increase the visibility and to help with traffic flow in the area. He also said if they were required to maintain the setback requirements and the sign would be on the down side of the berm.
Member Grosshans inquired about the berm and asked if the majority of the traffic problems are with driving south.
Chuck Loomis stated the berm was required as part of the PUD, which governed the construction of the shopping center.
Craig Singer, owner, stated the sign is part of the original PUD and there have been many traffic problems at the intersection since the road improvements have been completed. He said they are proposing to move the sign off the corner and closer to the entrance on Ann Arbor Saline Road. He also said they are not proposing to illuminate the sign but would like to add an arrow to help traffic flow.
There was discussion concerning an illuminated directional sign with the suggestion of light lettering on a dark background that could be approved administratively.
Fred Goldberg, partner of the Centre, stated they are not adding to the sign, but wanting to relocate it. He also said he would like to add a small directional arrow, if approved.
Member Resha asked if adding an arrow would increase the square footage of the sign.
Fred Goldberg stated no but; he was willing to work with staff. Member Grosshans stated he saw a number of trees and vegetation in the pictures provided and asked if they would obstruct the view.
Chuck Loomis stated he did not think the trees would hamper the view.
Motion by Member Resha, supported by Member Brostrom, to postpone ZBA 03-01 Rogvoy Architects (Oak Valley Centre), until the next [ZBA] meeting to allow the applicant to work with Staff.
MOTION CARRIED
6.2 ZBA 03-03 Conlin/Helmer (CSPA 02-19 Arbortech) [submitted for reversal/modification of the Zoning Administrator's interpretation)
Phil Conlin, petitioner and developer, stated he felt they clearly have a permitted use and there is nothing in the Zoning Ordinance prohibiting this use and he disagrees with the opinion of the Zoning Administrator. He also said he felt it is an unfair interpretation by the Zoning Administrator.
Zoning Administrator Spencer reviewed his report and stated this use is not a permitted use in I-2 District and the use proposed is a waste disposal company. Although it is similar to a trucking and cartage facility and equipment storage yard, the use includes a waste component.
He then said that the current business advertises a roll off service, asbestos removal, demolition and gravel train service.
He also stated it could be a permitted use with a conditional use permit. He further stated he has reviewed this with the Township attorney and he agrees this use would be considered an "other similar use" that would require a conditional use permit. He said that as the business grew it could haul household, commercial and industrial waste that could be stored on the property and it could have an impact on the surrounding neighborhood.
Greg Elliott, attorney for the petitioner, stated he has not heard why the Township attorney agrees with Mr. Spencer and feels Mr. Spencer's opinion has evolved over time. He also stated this was not about All-In-One but whether it is proper or an improper storage area. He said the State Street facility has reached its limits and is the reason for the move. Mr. Elliott asked where in Pittsfield Township would it be allowed, if this was not permitted at this site. He also said this is storage for roll off containers that are used throughout the Township. He further said there is only one neighbor which is Pittsfield Township.
Phil Conlin stated that asbestos is in sealed containers and then moved to a State approved site. He also asked what would be conditional about the use. They would operate by what is allowed by the Zoning Ordinance and the operations consist of storage, and repair. They do not store waste on site and this would fit as a permitted use. He also said this is a light use in a high use area.
Zoning Administrator Spencer stated the Planning Commission could grant a Conditional Use Permit.
Phil Conlin replied this was a permitted use. He would not need to apply for a Conditional Use Permit. He also said that 99% of the containers are empty.
Greg Elliott also said asbestos would never be on the site.
Phil Conlin related the State and Federal requirements for asbestos removal for the Members.
Greg Elliott stated this was not about transporting garbage, this is only construction debris and we are talking about an abstract concept as to whether or not a Conditional Use Permit is needed or if this is a permitted use.
Phil Conlin stated there are a limited number of licensed asbestos removal services in the State; advertising implies that the company is following the State and Federal requirements. Once removed the product can never return to the site and the law states asbestos must be in sealed containers and dictates the roads that can be used.
Member Stagg asked if asbestos would never be stored on this site.
Phil Conlin restated the State dictates the route that can be used.
Member Grosshans asked where the containers are cleaned at.
Phil Conlin replied the roll offs would be cleaned at the Platt Road site.
Member Brostrom asked how the containers were cleaned and about the ground water.
Phil Conlin stated they are in a non water and sewer area and did not feel they would be creating environmental problems.
Member Stagg asked if there are on site wells.
Phil Conlin said yes but they do not clean the asbestos containers and that less than1% of the containers had asbestos. He also said the water would discharge through the detention and filtering system. Greg Elliott added that the asbestos containers are cleaned at a federally approved site.
Zoning Administrator Spencer inquired about possible expansion of the business.
Phil Conlin stated within the allowable limits of the Ordinance.
Zoning Administrator Spencer stated that the uses could be limited with a CUP. He also stated this is not a trucking business with storage.
Member Brostrom stated his only concern is with the potential hazards.
Members, Staff and applicant discussed various scenarios of storage, length of storage becoming a "junk yard" and whether they would require a CUP to operate. There was concern stated for the park, lake and wells in the area.
Phil Conlin stated they have put in the retention/detention and filter system to preserve Lillie Park’s pond. They have worked with the Township and Peter Pollock and feel they have preserved the land for public safety.
Members inquired about the engineering and who within the Township requested such an intensive system.
Zoning Administrator Spencer related some of the past history of the property. He also said he was not aware of the filtering system except for the detention ponds. He also referenced from the Michigan Society Planners Training Manual for the Zoning Board of Appeal, in the section on interpreting the ordinance, “if the Ordinance is silent on a particular use and the use is not similar to others already listed in the ordinance, say so and leave the applicant to seek an Ordinance Amendment".
Member Grosshans asked if the roll offs would have covers and if the asbestos containers would be sealed.
Phil Conlin stated as required by law. He also said they would clean the outside of the containers but never the interiors.
There was discussion about why the applicant did not want to seek a CUP. The applicant stated they felt the Township, as the neighbor would deny for reasons of not being harmonious with the neighborhood.
Phil Conlin stated that if this use was not approved within this I-2 zoning it would never be allowed in the Township. He also stated he would follow the site process approvals required. He also said that at the time the property was purchased the Township Park was not there.
Motion by Member Brostrom, to affirm the decision of the Zoning Administrator concerning ZBA 03-03 Conlin/Helmer (CSPA 02-19 Arbortech).
Motion Dies—no support.
Member Stagg questioned the Zoning Administrator about seeking Ordinance amendment.
Zoning Administrator reread the statement from Michigan Society Planners Training Manual for the Zoning Board of Appeals, in the section on interpreting the ordinance
Members and staff discussed trucking, storage and various aspects of the business.
Member Brostrom asked the applicant if it was their contention that they were not in violation at their State Street location.
Phil Conlin stated they were not in violation of the I-2 zoning of the Township Ordinances but possibly of some use requirements.
Motion by Member Brostrom, supported by Member Stagg, to affirm the decision of the Zoning Administrator concerning ZBA 03-03 Conlin/Helmer (CSPA 02-19 Arbortech)
ROLL CALL VOTE:
Yes: Stagg, Brostrom No: Resha, Grosshans Absent: Naik
MOTION FAILED
Zoning Administrator stated a majority of the Board is required to overrule the decision of the Zoning Administrator.
Members and Staff discussed procedure and a majority vote is required.
Motion by Member Resha, supported by Member Brostrom, to postpone ZBA 03-03 Conlin/Helmer (CSPA 02-19 Arbortech) until such time as the full Zoning Board of Appeals can meet.
ROLL CALL VOTE:
Yes: Grosshans, Brostrom, Resha, No: Stagg Absent: Naik
MOTION CARRIED
7.0 Zoning Administrator's Report
None.
8.0 Member's Report
None.
9.0 Secretary’s Report
None.
10.0 Chairperson’s Report
None.
11.0 Approval of Prior Minutes
11.1 Minutes of January 6, 2003
Motion by Member Resha, supported by Member Grosshans, to approve the minutes of January 6, 2003, with corrections, as discussed.
MOTION CARRIED
11.2 Minutes of January 22, 2003
Motion by Member Brostrom, supported by Member Grosshans, to approve the minutes of January 22, 2003, as presented.
MOTION CARRIED
12.0 Adjournment
Vice-Chair Grosshans adjourned the meeting at 8:28 p.m.
______________________________________________________________________________ s/Alayna Stagg, Secretary July 28, 2003
