January 24, 2011 Meeting Minutes

A regular meeting/public hearing of the Planning Commission of Alexandria Township was held on the 24th day of January, 2011 at the Alexandria Township Conference Room, 610 Fillmore Street.

 

Roll Call: Commission members present were John Knowles, Julie Haar, Russ Niskanen, Larry Steidl and Lyle Hammerschmidt. Also present were Bonnie Fulghum, Deputy Clerk, and Ben Oleson, Township Zoning Administrator. As said members formed a quorum and the meeting was called to order by Chairman Knowles at 6:00 p.m.

 

Agenda: Steidl, seconded by Hammerschmidt, made a motion to approve the agenda with the addition of Jack’s Family Recycling Center under New Business. Motion carried unanimously.

 

Minutes: Hammerschmidt, seconded by Niskanen, made a motion to approve the minutes of the 12/27/2010 meeting as written. Commissioner Haar abstained. Motion carried.

 

Public Hearing: Niskanen, seconded by Steidl, made a motion to table the public hearing until 7 p.m. Motion carried unanimously.

 

Old Business: Proposed amendment to the Zoning Ordinance, Section V. Performance Standards – regulating home businesses/home occupations in residential areas. The following changes were made:

 

Under (1)(a) LAHO – strike the word “physically”.

 

Under (2)(b) MAHO — add the phrase “unless otherwise determined by the Planning Commission” to the end of the last sentence.

 

The commission determined that this amendment is ready for the public hearing scheduled for February 28, 2011. This amendment will be listed separately from the other amendments.

 

Other proposed “end of the year” zoning ordinance amendments. The commission reviewed the “three strikes” policy/requirement for conditions imposed on permits, etc. and the state statute updates made in 2008 and 2009.

 

Under Section V. “Performance Standards”, J. Accessory Building (1) (e) “General Provisions”, the commission chose to state sidewall heights for “attached” accessory buildings in addition to the current description for detached buildings.

 

Under Section VII. “Definitions”, the description of “Lot Width” will read as follows: “The shortest horizontal distance between the side lot lines of a lot measured at the building line and as the average width of the front lot line and the rear lot line. For riparian lots, the lot width shall also be the horizontal distance measured between lot corners at the ordinary high water level and at the minimum building setback line from the water body. For the purposes of meeting minimum lot width requirements throughout this ordinance, lot width shall be measured in a straight line rather than along a road or right-of-way.”

 

The commission determined that all the “end of the year” zoning/subdivision ordinance amendments were ready for public hearing. They will be scheduled for the February meeting.

 

Discussion on open meeting laws tabled until the next meeting.

 

New Business: Kathy Hodges, owner of Jack’s Family Recycling Center, was present to discuss re-sale of “usable” items at her Hazel Hill facility. She proposed having a tented area during the summer months for re-sale items such as appliances in working order, etc. Those items left over after the re-sale period would be recycled. Re-saling of items has been done historically, although on a much smaller scale. Ms. Hodges stated that she could provide letters from clients to this effect.

 

The commission discussed the possibility of issuing an interim use permit for this endeavor. Zoning Administrator Oleson was directed to meet with Ms. Hodges to determine what documentation is needed.

 

Motion by Niskanen, seconded by Steidl, to reconvene the public hearing on the tabled Spinner conditional use permit application.

 

Tom Steffens, attorney for John and Marge Spinner, stated that there would be no conversion from a commercial PUD to a residential PUD. Broken Arrow would continue to operate as a resort. He indicated that all the “real” property would be included in the cooperative. The association would become the actual owner of the land via a proprietary lease, with the Spinners as the Declarant. The Spinners, as the Declarant, would initially be the only members of the association. He explained that the Spinners still intend to sell the cabins. The new cabin owners would own the buildings, but the land would be owned by the association, of which the new owners would be a part. The RV sites would continue to be rented out as in the past. When all the cabins are sold, there is the possibility of selling the RV sites if there is a demand, but the current plan is to retain those sites for rental purposes. Mr. Steffens acknowledged that if the association ever tries to amend the Declaration, township approval would be required.

 

Commissioner Niskanen asked about utilities. Mr. Spinner stated that they would be metered separately and become the owners’ responsibility.

 

Chairman Knowles asked why this property would be considered commercial versus residential. Mr. Steffens stipulated that the property would be restricted to seasonal use and that rental(s) would be on a nightly or weekly basis; i.e. transient use.

 

Chairman Knowles asked if there were sufficient parking spaces not only for vehicles, but also for boat trailers, etc. Mr. Spinner stated that he has one parking space allocated per bedroom; i.e. one bedroom cabin would have one parking space; a four bedroom cabin would have four parking spaces, etc. He also said there is sufficient open space (common space) to accommodate extra vehicles.

 

Mr. Steffens stated that in order for the resort to remain viable, it is essential that the resort retain its current number of docks and slips. The commission discussed the DNR’s proposed alternative shoreland rules and its implications regarding docking restrictions.

 

Motion by Niskanen, seconded by Haar, to recommend approval of the Broken Arrow Resort conditional use permit application as a commercial PUD with the eight staff recommendations outlined in the staff report, amending condition no. 2 to reflect eight (8) docks allowing 22 slips. Roll: Hammerschmidt – yes, Haar – yes, Steidl – yes, Niskanen – yes, Knowles – yes. Opposed: none. Motion carried unanimously.

 

Zoning Administrator’s Report: No discussion.

 

Adjournment: Being no further business Haar, seconded by Hammerschmidt, made a motion to adjourn the meeting. Meeting adjourned at 8:06 p.m.

 

Respectfully submitted…

 

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Bonnie Fulghum, Deputy Clerk

Approved this ____ day of ___________, 2011

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John B. Knowles, Chairman