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Cheboygan County Planning Commission

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Cheboygan County Planning Commission CHEBOYGAN COUNTY PLANNING COMMISSION 870 SOUTH MAIN ST. PO BOX 70 . CHEBOYGAN, MI 49721 PHONE: (231)627-8489 . FAX: (231)627-3646 CHEBOYGAN COUNTY PLANNING COMMISSION MEETING & PUBLIC HEARING WEDNESDAY, NOVEMBER 19, 2014 AT 7:00 PM ROOM 135 – COMMISSIONERS ROOM CHEBOYGAN COUNTY BUILDING, 870 S. MAIN ST., CHEBOYGAN, MI 49721 AGENDA – Revised 11/14/14 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES PUBLIC HEARING AND ACTION ON REQUESTS 1. An ordinance to amend Cheboygan County Zoning Ordinance No. 200 to provide boundaries for the Lake and Stream Protection zoning district (P-LS) and provide for setbacks from rivers, lakes, ponds and streams in other zoning districts and to amend the zoning map incorporated into the Cheboygan County Zoning Ordinance No. 200 by Section 3.9.1 is hereby amended to rezone the property depicted in brown lines on the maps that are attached thereto and incorporated herein by reference from the Lake and Stream Protection District (P-LS) to the Rural Character/Country Living District (D-RC), Residential Development District (D-RS), Agriculture and Forestry Management District (M-AF) and Resource Protection District (P-RC) and to amend the zoning map incorporated into the Cheboygan County Zoning Ordinance No. 200 by Section 3.9.1 is hereby amended to rezone the property located in Koehler Township, Cheboygan County from Lake and Stream Protection District (P-LS) and Mixed Residential Development District (D-MR) to Residential Development (D-RS) and described as follows: The entire Plant of Village of Legrand. UNFINISHED BUSINESS NEW BUSINESS STAFF REPORT PLANNING COMMISSION COMMENTS PUBLIC COMMENTS ADJOURN CHEBOYGAN COUNTY PLANNING COMMISSION 870 SOUTH MAIN ST., ROOM 103 . PO BOX 70 . CHEBOYGAN, MI 49721 PHONE: (231)627-8489 . TDD: (800)649-3777 CHEBOYGAN COUNTY PLANNING COMMISSION MEETING WEDNESDAY, NOVEMBER 5, 2014 AT 7:00 P.M. ROOM 135 – COMMISSIONER’S ROOM - CHEBOYGAN COUNTY BUILDING PRESENT: Bartlett, Freese, Kavanaugh, Borowicz, Croft, Ostwald, Lyon, Churchill, Jazdzyk ABSENT: None STAFF: Scott McNeil GUESTS: John F. Brown, Judy Ostwald, Bob Lyon, Tony Matelski, John Moore, Carl Muscott, Russell Crawford, Cheryl Crawford, Dana Carver, Bill Carver The meeting was called to order by Chairperson Croft at 7:00pm. PLEDGE OF ALLEGIANCE Chairperson Croft led the Pledge of Allegiance. APPROVAL OF AGENDA The meeting agenda was presented. Motion by Mr. Churchill, seconded by Mr. Kavanaugh, to approve the agenda as presented. Motion carried unanimously. APPROVAL OF MINUTES The October 15, 2014 Planning Commission minutes were presented. Motion by Mr. Borowicz, seconded by Mr. Churchill, to approve the revised meeting minutes as presented. Motion carried unanimously. PUBLIC HEARING AND ACTION ON REQUESTS An ordinance to amend Section 17.7 of the Cheboygan County Zoning Ordinance #200 to allow uses for tents, travel trailers, campers, recreational vehicles and undersized mobile homes outside of campgrounds and to allow outdoor storage of travel trailers, campers and recreational vehicles outdoors. Mr. McNeil noted that in section 1 there are definitions to cover the terminology that is used in the amendment. Mr. McNeil noted that section 17.7.1 provides for the use of tents, campers and trailers as temporary dwellings. Mr. McNeil stated this is allowed while the home is under construction and can be occupied for no more than 12 months with a permit. Mr. McNeil stated a second 12 month period can be approved if the construction is 50% complete or more. Mr. McNeil stated a third 12 month period can be approved if the construction is 75% complete or more. Mr. McNeil stated there must also be a method of waste disposal that is approved by the Health Department. Mr. McNeil referred to section 17.7.2 and stated that an office for a caretaker or watchman is allowed by permit in the Agriculture/Forestry Management, Commercial Development, Light Industrial and General Industrial zoning districts. Mr. McNeil stated it must be accessory to a main use and located in the rear portion of the lot. Mr. McNeil stated there must also be a method of waste disposal that is approved by the Health Department. Mr. McNeil stated that section 17.7.3 provides for temporary contractor’s office and storage use and a permit is required to be used in conjunction with a construction project. Mr. McNeil stated all setback requirements must be met and waste disposal is to be approved by the Health Department. Mr. McNeil stated that section 17.7.4 provides for use for vacation and hunting stays. Mr. McNeil stated this use can take place on any property in the county in any zoning district and without a permit. Mr. McNeil stated this use is subject to state law. Mr. McNeil stated one camper is allowed for the first ½ acre and one for each additional ½ acre up to four. Mr. McNeil stated setback requirements must be met and there must be a method of waste disposal that is approved by the Health Department. Mr. McNeil stated when the camper is not in use in Lake and Stream Protection and Residential Development it must be stored under the provisions of section 17.7A. Page 1 of 5 Mr. McNeil stated section 17.7.5 provides for placement of campers on a lot with a house. Mr. McNeil stated this allows for up to 4 campers or tents. Mr. McNeil stated this allows for 3 different periods in a calendar year up to 21 consecutive days for each period. Mr. McNeil stated setback requirements must be met. Mr. McNeil reviewed section 17.7A regarding storage of camper trailers. Mr. McNeil stated that under the current regulation, camper trailers can only be stored on lots with a house and in the rear portion of the lot. Mr. McNeil stated this amendment provides for the camper to be stored in the side yard if the rear yard is not accessible. Mr. McNeil stated this amendment also provides for storage on a vacant lot as long as it is stored in the rear half of the lot. Mr. McNeil stated setback requirements must be met and if stored within 30ft. of a side lot line a minimum 6ft fence or hedge would have to be provided unless there is sufficient foliage on the lot to provide for screening. Mr. McNeil stated storage is allowed without a zoning permit. Ms. Croft asked for public comments. Mr. Muscott stated he lives on a residential lot in Fisher Woods in Indian River and questioned if his family would be restricted to 21 consecutive days. Mr. McNeil stated yes they would be restricted to 21 consecutive days on a lot with a dwelling. Mr. Muscott stated a neighbor owns 2 lots and one is vacant. Mr. Muscott stated the neighbor can have relatives stay on this lot indefinitely. Mr. Muscott stated this seems to be an unequal application of the law even though they are in the same neighborhood and same zoning district. Mr. Muscott would like to see less restriction on the developed lots. Mr. Muscott referred to 17.7A and questioned if his family would be able to store a travel trailer. Mr. McNeil stated yes. Mr. Muscott asked if family would be able to store a camper on a vacant lot. Mr. McNeil stated a camper can be stored by the property owner on a vacant lot. Mrs. Carver stated the public notice refers to “outside of campgrounds”. Ms. Carver stated Public Act 368 pf 1978, Part 125 refers to campgrounds, swimming areas and swimmer’s itch. Ms. Carver read the definition of campground from Public Act 368 pf 1978, Part 125, "Campground" means a parcel or tract of land under the control of a person in which sites are offered for the use of the public or members of an organization…”. Ms. Carver stated this law talks about licensed campgrounds. Ms. Carver stated her family, friends and home are not a campground. Ms. Carver stated this is supposed to be a complaint driven ordinance but the complaints are not all they seem to be. Ms. Carver stated the Planning Commission was discussing this topic in 2012 and it was on the work schedule for 2013. Ms. Carver questioned why the 2013 complaints are included in the report since this discussion began in 2012. Ms. Carver stated this amendment is unconstitutional. Mrs. Carver read the following quotes: • Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to support and defend them in the best manner they can. Samuel Adams • Property is surely a right of mankind as real as liberty. John Adams • No power on earth has a right to take our property from us without our consent. John Jay • As a man is said to have a right to his property, he may be equally said to have a property in his rights. James Madison • A right to property is founded in our natural wants, in the means with which we are endowed to satisfy these wants, and the right to what we acquire by those means without violating the similar rights of other sensible beings. Thomas Jefferson • Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths. James Madison • That all men are born equally free and independent, and have certain inherent natural rights among which are the Enjoyment of Life and Liberty, with the Means of acquiring and possessing Property, and pursueing and obtaining Happiness and Safety.
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