Lakewood Planning and Zoning Commission Meeting
Wednesday, October 18, 2006 at 7:00 p.m.
Lakewood Town Hall
Call to order: Commission Chair of the Planning and Zoning Commission, Bob Wolfe called the Public Hearing to order at 7:05 P.M.
Present: Chair Wolfe, Dan McCorrison, Al Eastman, Chris Roningen, Robin Downs, John Knutson, Angie Dickenson-Palmer, Phil Halverson, Ann Cutts, Recorder Shannon Ostazeski, Zoning Administrator Brennan Mears, and public (see attached registrar).
Pledge of Allegiance: The Pledge of Allegiance to the flag of the United States of America was recited by all present.
Determination of Voting Members:
Dick Bodine will be voting
The purpose of the Hearing will be to review the Conditional Use Permit and current uses of Lipe Bros. Construction at their property site located on the intersection of Jean Duluth and West Tischer Roads. The Conditional Use Permit will be reviewed in relation of Article VIII, Section 11.03, Permit Noncompliance.
Wolfe: Reads Page 119 Zoning Ordinance on the guidelines for conducting conditional use reviews. Zoning Administrator Mears has referred the original case to our review.
Staff Report: Zoning Administrator Mears
Clint Massie, the general manager of Great Lakes Stone, was interested in building out on the property currently owned by Jerry Libe. Great Lakes Stone leases part of the property from Mr. Libe. As I was researching the property to answer Mr. Massie’s questions I discovered Mr. Libe is in non-compliance with his conditional use. The issued conditional use said it was to be used for Libe Brothers only and that they could not lease out.
We have a few options, we could keep the permit the same, we could revoke the permit, or we could amend the permit to allow Great Lakes Stone to operate.
I would recommend that we amend the permit so that Libe could lease to other construction companies. Mr. Libe has a grandfathered salvage yard permit tied with that land. There was talk about him giving up that permit so we could amend the permit to accommodate Great Lakes Stone.
Dickenson: Great Lakes Stone has been operating out of compliance?
Mears: Yes for two years. Mr. Libe didn’t know he was in violation of the permit, neither did Great Lakes Stone.
Downs: Who was in violation? Libe Brothers Or Great Lakes Stone (GLS)?
Mears: Libe Brothers for leasing and Great Lakes Stone for not having a Conditional Use Permit to operate a business not in compliance with that zone.
(7:15: John Knutson showed up)
Cutts: We talked about the costs of these meetings and how to cover them, are you going to fine them?
Mears: It depends on how this shakes out. This needs to be cleared up.
Applicant Jerry Libe
Early on we rented to a roofing company and they were there for two or three years. When they moved out GLS came in. Apparently, I should have gotten a conditional use for him but I thought it was covered because they were construction.
Great Lakes Stone started out as a construction company. After awhile they started running trucks. Once they grew they got into stone and now that is what they do. They have been good renters. He didn’t know and either did I that we were out of compliance.
Dickenson: Do they have retail?
Mears: Yes. And that is a problem too.
Mears: Again, this conditional use is for Libe Brothers Construction not Great Lakes Stone. Depending on what we decide tonight GLS will have to relocate or apply for a Conditional Use permit.
Testimony
Audience in Support that would like to speak? Silence
Audience in opposition? Silence
Other comments or evidence from public? Silence
Questions
Dickenson: If we authorize this won’t those other business have to get a permit to be authorized?
Mears: Yes. The issue we are here for tonight is that he is leasing his property. Regardless of who is in there.
Libe: We don’t have a retail store per say. 99% of the sales are to contractors.
Downs: Most of the wholesale producers in town sell to non-contractors.
Dickenson: I live in MUNS-4 and I am worried about the precedence. What if I were to just start up a business? I don’t want to discourage business there but we need to follow the rules.
Mears: Absolutely. There was a salvage yard on this property and when Libe Brothers bought it the Township let the construction company run with the understanding the salvage yard would no longer operate. It is a special case with this parcel.
Downs: Was the first business (Timberland) mentioned in that conditional use?
Libe: We did get something hammered out. Timberland had an agreement, they were another construction company.
Eastman: I remember that being the case.
Wolfe: Minutes from the April 3, 2001 meeting for the conditional use hearing. Once again it says for Libe Brothers construction only. Application is for one business only. The permit will not allow subletting. These are all facts from those meeting minutes.
Wolfe: If there are no more questions. We need to decide if a violation took place. We can decide to alter the conditions, keep it the same or revoke the permit. (Wolfe reads the Conditional Use Permit of April 3, 2001 again)
All: The whole commission agreed there was a violation of the Coniditional Use Permit. All: None of the commission members were interested in revoking the permit.
Motion by McCorrison to leave the Conditional Use Permit of April 3, 2001 the same. Second by Roningen.
Halverson: What does leaving it the same mean? Does that mean they can run their business and not lease to any other company?
Libe: I really don’t think that was the intention of the board at the time.
Wolfe: Reads opinion from attorney Stromme given at the time of the Conditional Use Permit – “the board is trying to restrict subletting to control the level of activity allowed by the conditional use.”
Halverson: This is a rural residential area. The accommodation was made so that the junkyard was removed. Normally a business like this would be against that zone.
Eastman: Those conditions become a part of the title. What if he sold that land? He would be in violation no matter what. I don’t think we are in our right to limit it to one company.
Halverson: That would be a good example in most cases but not in this one. Those commission members were trying to get away from a junkyard. This is a rural residential yard and they made their decision as an accommodation in exchange to run his business.
(7:55: Kerry Leider shows up)
Mears: So if Libe sells his property that condition goes away and we get a junkyard. There has got to be some give and take. When he sells this property the salvage permit is the only part that goes with the land.
Cutts: Is he willing to let that go?
Libe: I would want everything in writing, that is the only way I would give up that junk yard permit.
Cutts: There is no one in opposition to how his business is being run. It may be better in the long term for the township. We need to remember the big picture of where it has been and where it is now. Also, notice how no one has spoken out against it in the audience.
Eastman: Since Mr. Libe has bought that property people have nothing but good things to say about his cleanup. I would like to see the permit amended to give them a little more latitude.
Downs: I can see the concern about allowing them to sublease and it expanding into an industrial park.
Dickenson: Is it possible that this are could be rezoned?
Libe: I spent more than 100,000 dollars cleaning up that property. The activity going on in that property is no louder than a lawnmower when they are cutting stone.
Mears: You cannot spot zone, you can rezone a whole area.
Downs: Is Mr. Libe able to sell part of that property and another business could come in?
Wolfe: The idea was to restrict that property.
Libe: That zone was set up for exactly this. You say that this are is residential, every one knows that the Jean Duluth road corridor is not.
Halverson: Reads the MUNS-4 definition. “This district is intended to provide a gradual transition in density from the FAM-2 and FAM-3 districts to more densely populated zones in the Township and to limit development… It is a rural residential area.”
Wolfe: We have a Motion on the table I call for the vote.
Commission votes 4-4 and Wolfe’s vote breaks the tie.
Motion passes. The Conditions will stay they way they were written.
Mears: My recommendation would be three times the CUP for a fine and Great Lakes Stone has until June 1st to get out of there.
Eastman: Why are we fining him? We came to an agreement.
Wolfe: It is not clear to me if we can assign a fine, that may be up to the Town Board.
Clint Massie: Does everyone understand what we were planning and why I went to Mears in the first place? That house on the property is our office right now. If we could be there we would make that into a nice building with logs and rocks on the outside with a showroom inside there. We would make a cold room for all of our products in the back, a big shed. We came in because we were inquiring about making a nice looking addition to the township.
Wolfe: You could still buy that land from Mr. Libe but you would have to come and apply for the conditional use. It would be a long road to get variances for the buildings and a conditional use for the concrete products.
Downs: This hearing was not against your business it was about the process.
Wolfe: Unless there is a something in the ordinance about what the fine has to be I am ok with it being the cost of the hearing. I am also ok with a reasonable deadline for moving out.
Roningen: I would recommend we not make the moving deadline until the end of June because of the road restrictions.
Downs: It would give you time to explore other options.
Wolfe: So GLS gets to operate until June 30th.
Dickenson: They are operating without a permit and there should be a consequence for them also? Or are we saying you can run a non-permitted business in Lakewood until you get caught?
Mears: I will make these recommendations to the board they can decide what the fine will be for Libe and if there is a potential fine for GLS.
Libe: I will look into it. I’m willing to pay the money. If you guys are doing something that isn’t right you will pay. I have 70 employees that are from this area.
Mears: You can operate your business.
Motion by Knutson to adjurn and Second by Downs. Meeting adjourned at 8:30 p.m.
Respectfully Submitted,
Shannon Ostazeski
Township Recorder