Approved minutes
Lakewood Planning and Zoning Commission Meeting
Lipe Bros. Conditional Use Permit Recessed Public Hearing – August 28, 2007
(Hearing recessed from 8-15-2007)
Call to Order: Planning and Zoning Commission Chair, Bob Wolfe, called the Public Hearing recessed from August 15, 2007 to order at 7:00 p.m. on August 28, 2007 at the Lakewood Town Hall.
Present: Commission members Bob Wolfe, Dick Bodine, Kerry Leider, Ann Cutts, Angie Dickison Palmer, Peter Miller Robin Downs, Inese Holte and Chris Roningen. Also, Zoning Administrator Brennan Mears, Town Attorney Tim Strom, Clerk Gene Bromenshenkel, Lipe Construction Co. Attorney Shawn Reed and general public (register attached).
Chair Bob Wolfe raised the question of Dick Bodine voting since he was not present at the first portion of the Hearing held on 8-15-2007. It was agreed by consensus that Bodine participate in the deliberations but not in the voting.
Chair Bob Wolfe reviewed the purpose of the recessed Hearing---to review the conditional use permit for Lipe Bros. Construction Company.
For the Record---a letter was received via e-mail from Kevin and Marianne Bovee of Lakewood Township who expressed concerns about upholding the zoning ordinance.
Inese Holte: Raised a question regarding acceptance into the record of the minutes of the 27 prior meetings where the Lipe Bros. Constr. CUP or property was discussed at a public meeting. Attorney Strom advised the Commission that anyone may request to have entered into the record, those things which are important for their representation and that it is up to the Commission members as to whether or not they desire to review each of the minutes. Inese Holte also inquired about the date of the August 15 Hearing notice as received by Overum. There was no additional discussion about the inquiry.
Shawn Reed: Attorney for Lipe Bros. Construction. He presented testimony from Clint Massie, manager of Great Lakes Stone
and that he has been manager since June of 2003. His business operates out of the house on the northwesterly corner of the property
August 28, 2007 Recessed Public Hearing on Lipe CUP
Page – 2
at W. Tischer and Jean Duluth Roads. He has been using the property for show room and storage since 2003. The Type of business of Great Lakes Stone---is a contractor supply company, providing stone and related materials to contractors which is about 90% of the business with about 10% of business as direct sales to the public. Number of employees---four are employed by Great Lakes Stone on the property. Number of customers per day---about four. Does not manufacture materials on site. Is still on the property now. Great Lakes Stone received notice in October, 2006 from the Lakewood Planning and Zoning Commission to end business by June of 2007.
Attorney Strom to Massie: Does the company do actual construction work? Massie expressed that that is a different part of the company (masonry). Who owns the Company? Massie responded that Ken Johnston owns the Company. Does the masonry operate on the property? Massie: Yes—as Johnston Masonry Company who do installation and construction. Does Johnston have additional employees? Yes---not sure but probably about 10-15 employees. Who of the Masonry Company operates on the property? The two management people operate out of the house.
Inese Holte: This then makes three businesses operating on the property.
Attorney Reed: Great Lakes Stone and Johnston Masonry are entities of one Company. Massie indicated that pay checks are made by Ken Johnston for Great Lakes Stone. Attorney Reed emphasized that conditional use permits run with the land.
Brennan Mears (Zoning Administrator): Conditions run with the land but conditions can limit the size and scope which is the real reason we are here.
Peter Miller: How much land does Great Lakes Stone lease from Lipe Construction? Massie indicated he has no exact figure; cited dimensions of the house and storage areas.
Peter Miller: The consensus of the Commission is not to see development of an industrial park under the guise of the conditional use permit granted.
Attorney Reed: It is his belief that the conditional use permit allows for construction and storage business activity.
At this point, Chair Wolfe called on Commission members to continue to proceed with Attorney Reed’s testimony and presentation.
Peter Miller: Does Reed see ways to re-write the conditional use permit to limit the number of businesses on the property?
Attorney Reed: Reasonable restrictions can be placed on properties through establishment of conditions.
August 28, 2007 Recessed Public Hearing – Lipe Construction
Page – 3
Inese Holte: The Lipe property is in the MUNS-4 zone which is not commercial.
Brennan Mears: Asked Massie if he can obtain via phone, clarification of whether or not there legally are two separate companies operated by Ken Johnston.
Attorney Strom: Are there two separate sets of accounting books for Great Lakes Stone and Johnston Masonry? Does Great Lakes Stone pay rent to Lipes? Massie: Yes, Great Lakes Stone pays rent to Lipe’s. Does Ken Johnston pay rent to Lipes or to Great Lakes Stone? Massie response: not known.
Attorney Strom to Attorney Reed: Mr. Lipe mentioned at the last meeting that all he ever wanted was two businesses on the property. It seems that there are two separate businesses, in addition to Lipe’s, operating on the property.
Kerry Leider: He desires to hear more on the violation and to have Mr. Reed continue.
Attorney Reed: He addressed questions to the Commission members: Have members of the Commission had communications with Town Supervisors since the August 15th hearing date?
- Bob Wolfe---had two communications with Supervisor Halverson in reference to vacation plans in Colorado.
- Inese Holte---e-mailed Supervisor Musick asking, 1) whether the 60-day rule is an issue, and 2) whether the Commission had to accept into the record the entire minutes of the 27 meetings in which Lipe Bros. was mentioned.
- Angie Dickison Palmer---received a voice mail from Supervisor Halverson.
- Ann Cutts---received a voice message Supervisor Halverson but no message contained.
- Robin Downs---received a call from Supervisor Halverson.
Attorney Reed Presentation (continued):
1. At the last meeting (Aug. 15th), passed out a three-page document.
2. Views the conditional use permit as to know where you are going, you need to look at where you’ve been.
3. Reviewed the history of the property as is in the three-page document submitted on 8-15-07. Inese Holte raised an issue with one item on the document---at the time of purchase she believes there was not a construction business on the property as is stated by Mr. Reed in the document; the property was utilized for construction business after Lipe’s purchase.
4. On April 3, 2001 when the conditional use permit was issued, the property was used for construction and rental of the house as a residence and some property to Timberland Roofing.
5. There were two reviews of the conditional use permit---the use of the property through the two reviews remained the same.
August 28, 2007 Public Hearing on Lipe Conditional Use Permit
Page – 4
6. When Mr. Lipe applied for the conditional use permit, he indicated the current use was for construction office and storage.
7. On April 3, 2001, there was no general opposition from the public regarding the application for the conditional use permit.
8. On April 24, 2001, at the Planning and Zoning Commission monthly meeting there was no action taken to restrict or any issues raised about the granting of the permit.
9. Referred to October, 2002 Town Board Meeting where there was an expression of concern over storage of another Contractor’s trucks on the property. No action taken by Board of Supervisors.
10. Mr. Lipe, at the October, 2002 and the December, 2002 Town Board meetings, indicated he intended to continue to rent property on the site. There was no Town Board action taken in opposition.
11. In October of 2006, Massie approached the Town about purchasing property from Lipe’s.
12. Cited Board and Commission meetings at which Lipe item was discussed with no actions taken.
13. On June 20, 2007 at a Town Board meeting, the Town Board recommended that the Planning and Zoning Commission review the conditional use permit.
14. Reed reviewed the content of the conditional use permit issued on April 3, 2001 and cited details of the findings of fact and the conditions established. On Condition #1---the word “only” is after the stated use of construction storage, office, etc. and that there are no conditions related to renting.
Attorney Reed cited the Town’s Zoning Ordinance language related to appeals. He asked the Commission to determine which section of the Ordinance under which an appeal can be made---the section relating to appeal to the Town Board or the section related to the District Court. He cited Article VIII, Section 5--- purpose of hearings for permit non-compliance.
Attorney Strom: Feels that Article VIII, Section 5, gives more protection to the property owner; appealing to the Board of Supervisors.
Brennan Mears: At the October, 2006 conditional use review hearing, the Commission gave a time of June 30, 2007 for Great Lakes Stone to move due to consideration for road restrictions and that Lipe Construction would be in violation if Great Lakes Stone did not move out by that date.
August 28, 2007 Public Hearing on Lipe Conditional Use Permit
Page – 5
Angie Dickison Palmer: Could non-permitted uses be allowed on the site?
Attorney Reed: Non-permitted uses other than construction would not be allowed.
Peter Miller: Referenced May 2001 where the Zoning Administrator cited that there would not be subletting on the Lipe property.
Inese Holte: There are numerous signs on the property.
At this time, Chair Bob Wolfe requested the agenda move to discussion by the Commission members.
Findings of Fact by Commission:
1. A clarification of how many businesses are operating on the property needs to be made---are these allowed uses on the property and under the conditional use permit.
Kerry Leider: Feels that the intent of the conditional use permit was for construction uses and not product selling. Sees Great Lakes Stone as a business of sales of product, not a true construction business.
Peter Miller: Fundamentally, concurs with Leider’s assessment.
Chris Roningen: Disagrees with Leider’s analysis as related to Great Lakes Stone as a business selling products.
Angie Dickison Palmer: The manufacturing of concrete products is explicitly stated in the Zoning Ordinance as uses not allowed.
Brennan Mears: That item was clarified at the October, 2006 Planning and Zoning Commission review of the Lipe conditional use permit.
Robin Downs: Feels that Great Lakes Stone is dealing with construction materials in the business.
Brennan Mears: Clarified the definition of conditional use permit and read the definition from the Zoning Ordinance.
Attorney Strom: Advised the Commission that it is important to decide on: 1) whether or not Great Lakes Stone is an allowable use and 2) the number of businesses and amount of business activity on the Lipe property.
Motion by Peter Miller that the Commission determines that the Great Lakes Stone uses are not a construction office, shop, storage and salvage yard and therefore are not allowed by the conditional use permit granted to Lipe Bros. Construction. Second by Robin Downs.
August 28, 2007 Planning and Zoning Commission Hearing on Lipe Conditional Use Permit
Vote on Motion: Miller –yes, Leider-yes, Cutts-yes, Palmer-yes, Holte-yes, Roningen-yes, Downs-yes. The vote was unanimous. The Motion Carries.
There were questions raised about Johnston Masonry with no conclusions or actions taken.
Attorney Strom advised the Commission that they may want to follow the Zoning Ordinance definition for conditional use permits.
Kerry Leider proposed that the intent of the conditional use permit granted was to limit the business on the property to Lipe Bros. Construction as a single business and recommends the Attorney’s (representing the Town and Lipe’s) define new conditions language to clarify the conditional use permit.
Motion by Leider: Based on the testimony of the two Public Hearing sessions, there is a violation of the conditional use permit due to the number of businesses on the Lipe property and the presence of Great Lakes Stone and Johnston Masonry. Second by Downs.
Vote on Motion: Miller-yes, Leider-yes, Cutts-yes, Palmer-yes, Holte-yes, Roningen-No, Downs-yes. The Motion Carries.
Motion by Miller to recess the Public Hearing to a reasonable time and that no punitive or other action be taken with Great Lakes Stone, Johnston Masonry or Lipe Bros. Construction until a decision can be made. Second by Roningen. Motion Carried.
Motion by Cutts to recess the Hearing to Monday, September 17, 2007 at 6:00 p.m. Second by Palmer. Motion Carried.
Respectfully Submitted;
Gene Bromenshenkel
Town of Lakewood Clerk