Document otsegocountymi_gov_doc_cedf94098f

OTSEGO COUNTY ZONING BOARD OF APPEALS November 29, 2022 6:00 PM MEETING WILL BE IN THE PLANNNG AND ZONING MEETING ROOM LOCATED AT 1322 HAYES RD AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES: From August 30, 2022 meeting CITIZEN COMMENT REGARDING ITEMS NOT ON THE AGENDA PUBLIC HEARINGS: PZBA22-006 – Temporary Use Interpretation: A request for a temporary use in the R1/Residential Zoning District PZBA22-006 Circle C Properties LLC 080-028-300-005-00 988 Five Lakes Rd Gaylord, MI NEW BUSINESS OLD BUSINESS COMMUNICATIONS ZBA MEMBER ITEMS ADJOURNMENT ---PAGE BREAK--- Otsego County Zoning Board of Appeals Proposed Minutes for August 30, 2022 Call to Order: 6:00 pm by Chairperson Sagasser Roll Call: Present: Mr. Sagasser, Mr. Hoffman, Mr. Caverson, Mr. Brown, Mr. Colosimo, Mr. Welter Absent: Mr. McCarthy, Mr. Miller, Mr. McVannel (BOC Alternate) Staff Present: Ms. Boyak-Wohlfeil, Mr. Marquard Public Present: Richard Puzzuoli, applicant, Marie Puzzuoli, John Hendrickson Others Present: Matt Barressi, Otsego County Administrator, Michelle Noirot, Bagley Township Supervisor Approval of Minutes from: July 26, 2022 Chairperson Sagasser requested comments and a motion for the previous meeting minutes. Mr. Brown stated a correction to the last paragraph on page six was needed; the motion read he had made the motion as well as supported it. Motion made to approve minutes as corrected by Mr. Brown; Seconded by Mr. Caverson. Motion approved unanimously. Citizen Comment Regarding Items not on the Agenda: None Public Hearing: 1. PZBA22-005 – Non-Use Variance – Manufactured Dwellings Less than 16’ wide A request to allow an adjustment to the age limit of manufactured homes less than sixteen feet wide. The property is located in Bagley Township at 1565 M-32 W Gaylord in a B2/General Business Zoning District 010-005-200-040-00 1565 M-32 W Gaylord, MI 49735 Chairperson Sagasser stated the case before the Board, opened the public hearing and requested comment from the applicant Public hearing opened: 6:03pm Robert Puzzuoli, owner/applicant, stated he has owned Nottingham Forest Mobile Home Park under the ownership of Puritan Holdings for seventeen (17) years. On May 20th the Park was the center point of the tornado that went through downtown Gaylord. It destroyed numerous homes and displaced numerous families. He was requesting a non-use variance to allow him to bring in older mobile homes still in good quality condition and should the variance be granted, he volunteered for annual inspections of the homes. During the discussion at the Bagley Township meeting, he agreed to offering these homes to displaced families for thirty (30) days following the home placement and agreed to only renting the units. He stated there were still numerous displaced families in the County and he was requesting the variance be granted. Chairperson Sagasser stated Bagley Township had recommended the variance with conditions; he read aloud the conditions submitted and requested comment. SEE ATTACHMENT #1 Mr. Puzzuoli stated he was agreeable to the conditions. ---PAGE BREAK--- Otsego County Zoning Board of Appeals Proposed Minutes for August 30, 2022 Chairperson Sagasser questioned the condition pertaining to offering the homes to displaced families first and how they would be contacted. Michell Noirot, Bagley Township Supervisor, suggested language be included indicating how these families would be contacted. Mr. Puzzuoli stated newsletters were sent out to residents regularly and they would be able to forward the information to these families when the units became available; he had the previous families addresses and emails. Mr. Brown stated he had concerns with allowing the variance for two years; the point of the variance is to place these families in a home as soon as possible. These people will not be displaced for two years; they’ll find somewhere to live. Granting a two year variance would be for future residents not displaced persons. Mr. Puzzuoli stated the process of locating, purchasing, transporting, permitting, setting the home and having it inspected could not be completed within a year. He requested he be allowed two years to bring the units in as it would be difficult to set the homes during the winter months and there was an issue with availability. Mr. Welter agreed. He stated he was in favor of the variance if it was truly for the displaced families but was not fully convinced it was a displacement issue. He questioned the source for these displaced persons; how he knew these persons were displaced, how many were there, if the fifteen (15) homes could be filled and would he be agreeable to allowing these homes for the displaced only. Mr. Puzzuoli stated he knew these families from their former rent roll; they contact the manager regularly about availability and he could definitely fill the homes. He stated with the cost of moving these homes in, he was not agreeable to allowing them to the displaced only knowing these homes have to be removed within ten (10) years. He was not trying to fill the park with used homes but wished the option to offer these at a lower price point. He was still buying new homes and would continue to do so. Mr. Hoffman stated there was a shortage of affordable housing prior to the tornado. Allowing him to bring in these older homes that will have to be removed and replaced within ten (10) years would be equal to providing an incentive for a new business in the County. Mr. Caverson questioned if there was insurance to help offset these costs; if the homes had been insured. He questioned the difference in cost between a new unit and the older models. Mr. Puzzuoli stated the homes were insured but he had not received any payment from his insurance carrier; the insurance company had found a loophole claiming the tornado was part of wind damage. He stated there was a difference of $20,000 in costs between new and older homes. Mr. Caverson stated considering these units needed to be replaced in ten (10) years, it made more sense to just replace them with new units. He had spoken to a company and was told there was a three to four month wait. Mr. Puzzuoli stated it did make sense but there was a shortage of new units; he had orders in with multiple companies and the availability was not there. He did not know who Mr. Caverson had spoken with. Chairperson Sagasser stated a letter of complaint had been included with the packet and read it aloud. He questioned the concerns with the water, septic and roads. Mr. Puzzuoli stated he did not recognize the name and was unaware of the letter; the water is tested twice a month and the septic field is inspected; neither have any violations. The roads are resurfaced each spring. Chairperson Sagasser stated the letter was included in the packet and he needed to address it. Chairperson Sagasser requested further comments, hearing none, he closed the public hearing. Public hearing closed: 6.30pm ---PAGE BREAK--- Otsego County Zoning Board of Appeals Proposed Minutes for August 30, 2022 Chairperson Sagasser explained the process and read aloud Section 26.6 pertaining to the variance criteria; he requested a roll call vote for each: Section 26.6.1 – Chairperson Sagasser requested discussion. Chairperson Sagasser requested a motion. Motion made by Mr. Hoffman that the variance will not be detrimental to the public welfare or other property owners within the same zoning district; Seconded by Mr. Brown. Roll Call: Mr. Sagasser: yes Mr. Hoffman: yes Mr. Caverson: yes Mr. Brown: yes Mr. Colosimo: yes Mr. Welter: yes Section 26.6.1: 6-yes Section 26.6.2 – Chairperson Sagasser requested discussion; hearing none, he made the following motion. Motion made by Mr. Sagasser that the variance is necessary for the applicant to receive a right available to other property owners within the same zoning district; Seconded by Mr. Hoffman. Roll Call: Mr. Hoffman: yes Mr. Caverson: no Mr. Brown: no Mr. Colosimo: yes Mr. Welter: yes Mr. Sagasser: yes Section 26.6.2: 4-yes – 2-no Section 26.6.3 – Chairperson Sagasser requested discussion; hearing none, he requested a motion. Motion made by Mr. Brown that special conditions or unique circumstances exist with the property and do not generally apply to other properties in the same zoning district; Seconded by Mr. Colosimo. Roll Call: Mr. Caverson: yes Mr. Brown: yes Mr. Colosimo: yes Mr. Welter: yes Mr. Sagasser: yes Mr. Hoffman: yes Section 26.6.3: 6-yes Section 26.6.4 – Chairperson Sagasser requested discussion; hearing none, he made the following motion. Motion made by Mr. Sagasser that the special conditions or circumstances are not the result of actions by the applicant or predecessor in title; Seconded by Mr. Hoffman. Roll Call: Mr. Brown: yes Mr. Colosimo: yes ---PAGE BREAK--- Otsego County Zoning Board of Appeals Proposed Minutes for August 30, 2022 Mr. Welter: yes Mr. Sagasser: yes Mr. Hoffman: yes Mr. Caverson: yes Section 21.6.4: 6-yes Section 26.6.5 – Chairperson Sagasser requested discussion; hearing none, he made the following motion. Motion made by Mr. Sagasser that the variance is the minimum variance necessary that will make possible the reasonable use of the land; Seconded by Mr. Brown. Mr. Welter questioned if this was referring to the conditions that had been discussed previously. Chairperson Sagasser stated it could be discussed further now or discussed in the final motion. It was decided to be discussed further in the final motion. Roll Call: Mr. Sagasser: yes Mr. Hoffman: yes Mr. Caverson: yes Mr. Brown: yes Mr. Colosimo: yes Mr. Welter: yes Section 26.6.5: 6-yes Chairperson Sagasser stated a variance could be approved if all the criteria had been met; he made the following motion: Motion made by Mr. Sagasser to allow a non-use variance request of Section 21.22.6 concerning the age of manufactured homes less than sixteen feet (16’) wide specific to parcel number 010-005-200-040-00 only, and to include the following conditions; Seconded by Mr. Brown: • Allowing an exception to the Otsego County Zoning Ordinance section 21.22.6: “Units manufactured shall have a title date not to exceed fifteen (15) years from the zoning application date”, with the following conditions: o No more than fifteen (15) units older than fifteen (15) years shall be placed within existing parcel number 010-005-200-040-00; o No units placed pursuant to the non-use variance can possess a manufacturing date older than 1999; o Non-use variance allowed units shall be placed and ready for occupancy within one year after grant of this variance; o Occupancy of the non-use variance allowed units shall be limited to families displaced by the tornado of May 20, 2022; o Non-use variance allowed units must be replaced with units in compliance with the Otsego County Zoning Ordinance no later than 12.31.2033; o Inspections of non-use variance allowed units will occur annually, conducted by Otsego County Building Inspector and at the expense of the property owner. Discussion ensued concerning the timeframe allowed for placement, the units being rented only and not sold, and a thirty (30) day period allowed for notification to displaced families. Ms. Boyak-Wohlfeil requested Land Use be notified of which lots the older homes were being placed for record keeping purposes as a zoning permit is not required to set a home in a mobile home park. A copy of the title would be needed as well. ---PAGE BREAK--- Otsego County Zoning Board of Appeals Proposed Minutes for August 30, 2022 Mr. Puzzuoli stated he would notify Land Use of the lots involved and include a copy of the title with the letter of notice. Mr. Marquard questioned how this would be advertised to inform the displaced families living with relatives or elsewhere that there were units available and if this notification needed to be addressed. Mr. Puzzuoli stated there was a bulletin board available, they had email addresses and could notify family members and friends; he could place an add in the Gaylord Herald Times identifying the units available for former Nottingham residents. Mr. Marquard stated he was only concerned with doing their due diligence to give the displaced families an opportunity for a home. Mr. Brown stated he did not feel it was up to the ZBA to add the condition to the variance for advertisement; the owner would want to advertise to ensure the unit was rented quickly. He did not object to the condition but did not feel it was necessary. Mr. Welter stated the displaced families needed to be notified through the agencies involved. Chairperson Sagasser stated he did not feel it was necessary either and would put the owner on notice of completing this on his own. Mr. Puzzuoli stated he would. Mr. Hoffman stated there were other displaced families other than Nottingham residents that may be interested. Chairperson Sagasser questioned if the rent would be a lot lower for an older unit or if it would be the same as a new one. Mr. Puzzuoli stated it would be lower. Chairperson Sagasser stated the amended motion; Seconded by Mr. Brown as follows: Motion made by Mr. Sagasser to allow a non-use variance request of Section 21.22.6 concerning the age of manufactured homes less than sixteen feet (16’) wide specific to parcel number 010-005-200-040-00 only, and to include the following conditions; Seconded by Mr. Brown: • Allowing an exception to the Otsego County Zoning Ordinance Section 21.22.6: “Units manufactured shall have a title date not to exceed fifteen (15) years from the zoning application date”, with the following conditions: o No more than fifteen (15) units older than fifteen (15) years shall be placed within existing parcel number 010-005-200-040-00; o No units placed pursuant to the non-use variance can possess a manufacturing date older than 1999; o Non-use variance allowed units shall be placed and ready for occupancy within two years after grant of this variance; o Occupancy of the non-use variance allowed units shall be limited to families displaced by the tornado of May 20, 2022. If after a period of thirty (30) days from a final building inspection no previous displaced family is interested in renting the unit, the owner may rent the unit to the general public; o Non-use variance allowed units must be replaced with units in compliance with the Otsego County Zoning Ordinance no later than 12.31.2033. A replacement plan must include minimum disruption to residents of the trailers being replaced; o Inspections of non-use variance allowed units will occur annually, conducted by Otsego County Building Inspector and at the expense of the property owner; o Non-use variance allowed units must be rented only; they cannot be sold to residents ---PAGE BREAK--- Otsego County Zoning Board of Appeals Proposed Minutes for August 30, 2022 Chairperson Sagasser stated clarification of the last condition only meant the unit could not be sold to residents in the park; it could be sold elsewhere after the ten (10) year period. Ms. Boyak-Wohlfeil stated it could not be sold anywhere within the county as it would not meet the age requirement but could be sold outside the county. Chairperson Sagasser requested a roll call vote: Roll Call: Mr. Sagasser: yes Mr. Hoffman: yes Mr. Caverson: yes Mr. Brown: yes Mr. Colosimo: yes Mr. Welter: yes Motion approved: 6/0 Case PZBA22-005 approved – manufactured homes age requirement lifted per conditions set. New Business: None Old Business: None Communications: Ms. Boyak-Wohlfeil stated she was still waiting for the requested information for the pending variance in Corwith Township so there may be another meeting this year. ZBA Member Items: None Chairperson Sagasser requested further comments; hearing none, adjourned the meeting. Adjournment: 6:49pm by Chairperson Sagasser Mike Colosimo, ZBA Secretary Christine Boyak-Wohlfeil, Recording Secretary ---PAGE BREAK--- Otsego County Zoning Board of Appeals Proposed Minutes for August 30, 2022 ATTACHMENT 1: (Email Excerpt) The Bagley Planning Commission (BPC) heard the case first on 7-25-22 and recommended granting the variance with several conditions to the Bagley Township Board for their approval. After discussion, with the owner of Nottingham in attendance, the Bagley Township Board recommends the following: No more than 15 units older than 15 years shall be placed within existing parcel #010-005- 200-040-00. (BPC agrees with this condition) No units placed pursuant to the non-use variance can possess a manufacturing date older than 1999. (BPC agrees with this condition) Non-use variance allowed units shall be placed and ready for occupancy within two years after grant of variance. (BPC suggested one year) Occupancy of the non-use variance units shall be limited to families displaced by the tornado of May 20, 2022. If after a period of 30 days of replacement home availability and no previous Nottingham family is interested in renting, the owner may rent the unit to the general public. (BPC recommends that all non-use variance units shall be limited only to families displaced by the tornado) Non-use variance units must be replaced with units in compliance with the Otsego County Zoning Ordinance no later than 12/31/2033. A replacement plan must include minimum disruption to residents of the units being replaced. *NOTE: Since these non-use variance homes will have to be removed by owner by 12/31/2033, they must not be sold to unsuspecting families; rented only. (BPC did not address the issue of selling non-use variance units but agrees otherwise) Inspection of non-use variance units will occur annually, conducted by Otsego County Building Inspector, and at the expense of the owner. (BPC agrees) ---PAGE BREAK--- Otsego County Zoning Board of Appeals Proposed Minutes for August 30, 2022 ATTACHMENT #2 ARTICLE 26 BOARD OF APPEALS SECTION 26.6 DIMENSIONAL OR NON-USE VARIANCE Where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would involve “practical difficulties” within the meaning of this Ordinance, the Zoning Board of Appeals shall have power upon appeal in specific cases to authorize such variation or modification as may be in harmony with the spirit of this Ordinance, and so that public safety and welfare be secured and substantial justice done. No such variance or modification of the provisions of this Ordinance shall be granted unless it appears that there is clear and convincing evidence that all the following facts and conditions exist: 26.6.1 That the requested variance will not be detrimental to the public welfare or otherwise injurious to other properties in the same zoning district. 26.6.2 That the requested variance is necessary for the applicant to receive a right available to other properties in the same zoning district. 26.6.3 That special physical conditions or unique circumstances exist with this property and do not generally apply to other properties in the same zoning district. 26.6.4 That the special conditions or circumstances are not the result of actions by the applicant or predecessor in title. 26.6.5 That the requested variance is the minimum variance necessary that will make possible the reasonable use of the land. ***THE ZONING BOARD OF APPEALS HAS THE AUTHORITY TO GRANT A VARIANCE IF ALL CRITERIA HAS BEEN MET ***Motion made by Mr. Sagasser to allow a non-use variance request of Section 21.22.6 concerning the age of manufactured homes less than sixteen feet (16’) wide specific to parcel number 010-005-200-040-00 only, and to include the following conditions; Seconded by Mr. Brown: • Allowing an exception to the Otsego County Zoning Ordinance Section 21.22.6: “Units manufactured shall have a title date not to exceed fifteen (15) years from the zoning application date”, with the following conditions: o No more than fifteen (15) units older than fifteen (15) years shall be placed within existing parcel number 010-005-200-040-00; o No units placed pursuant to the non-use variance can possess a manufacturing date older than 1999; o Non-use variance allowed units shall be placed and ready for occupancy within two years after grant of this variance; o Occupancy of the non-use variance allowed units shall be limited to families displaced by the tornado of May 20, 2022. If after a period of thirty (30) days from a final building inspection no previous displaced family is interested in renting the unit, the owner may rent the unit to the general public; o Non-use variance allowed units must be replaced with units in compliance with the Otsego County Zoning Ordinance no later than 12.31.2033. A replacement plan must include minimum disruption to residents of the trailers being replaced; o Inspections of non-use variance allowed units will occur annually, conducted by Otsego County Building Inspector and at the expense of the property owner; o Non-use variance allowed units must be rented only; they cannot be sold to residents Chairperson Sagasser requested a roll call vote: Roll Call: Mr. Sagasser: yes Mr. Hoffman: yes Mr. Caverson: yes Mr. Brown: yes Mr. Colosimo: yes Mr. Welter: yes Motion approved: 6/0 Case PZBA22-005 approved – manufactured homes age requirement lifted per conditions set. ---PAGE BREAK--- OTSEGO COUNTY ZONING BOARD OF APPEALS TEMPORARY USE PZBA22-006 080-028-300-005-00 Exhibit List Exhibit Application for cases PZBA22-006 submitted by Applicant Exhibit Otsego County Zoning Map Effective Date March 20, 2010/Amended July 12, 2022 Exhibit Otsego County Zoning Ordinance Effective March 20, 2010/Amended July 12, 2022 Exhibit Copy of Otsego County Equalization Department record card/Warranty Deeds 1362/623 Exhibit Aerial Exhibit Narrative Exhibit Planning Commission October 17, 2022 Minutes Exhibit Public Hearing Notice Exhibit Letter to Livingston Township Board dated October 18, 2022 Exhibit #10: Response from Livingston Township Board dated October 24, 2022 Exhibit #11: Map and list of parties notified Exhibit #12: Receipt #01326739 Exhibit #13: Finding of Fact/PZBA22-006 Exhibit #14: Future Land Use Map ---PAGE BREAK--- Exhibit 1 ---PAGE BREAK--- ---PAGE BREAK--- Information herein deemed reliable but not guaranteed*** OTSEGO County: LIVINGSTON TOWNSHIP Jurisdiction: Printed on Parcel Number: 69-080-028-300-005-00 65,419C 66,000 0 66,000 2020 66,100S 66,100 0 66,100 2021 63,800S 63,800 0 63,800 2022 63,800C 63,800 0 63,800 2023 Taxable Value Tribunal/ Other Board of Review Assessed Value Building Value Land Value Year * Factors * Description Frontage Depth Front Depth Rate %Adj. Reason Value 69.000 Acres 0 100 0 Flat Value: 129,030 69.00 Total Acres Total Est. Land Value = 129,030 Land Value Estimates for Land Table . Who When What Level Rolling Low High Landscaped Swamp Wooded Pond Waterfront Ravine Wetland Flood Plain Topography of Site Dirt Road Gravel Road Paved Road Storm Sewer Sidewalk Water Sewer Electric Gas Curb Street Lights Standard Utilities Underground Utils. Public Improvements Vacant X Improved The Equalizer. Copyright 1999 - 2009. Licensed To: County of Otsego, Michigan DORM BLDG #1 1243 JENKINS DR Comments/Influences NE 1/4 OF SW 1/4 LYING WLY OF I 75 R/W & W 1/2 OF SW 1/4 EXC I 75 R/W & EXC 522 FT N & S & 417.5 FT E & W LOCATED 600 FT E OF SW COR SEC 28 T31N R3W. Tax Description CIRCLE C PROPERTIES LLC 3812 BAY PORT RD SEBEWAING MI 48759 Owner's Name/Address 988 FIVE LAKES RD Property Address 2023 Est TCV 127,600(Value Overridden) : P.R.E. 0% PB070172 07/05/2007 COMMERCIAL, NEW BUILDING School: GAYLORD COMMUNITY SCHOOLS Status Number Date Building Permit(s) Zoning: R-1 Class: RESIDENTIAL-IMPROV 0.0 DEED 1078/21 21-NOT USED/OTHER QC 11/30/2005 0 KATKE PROPERTIES LLC RESPECKI, SARAH 0.0 DEED 1078/22 21-NOT USED/OTHER QC 12/01/2005 0 KATKE PROPERTIES LLC RESPECKI, DAVID ET UX 0.0 DEED 1162/228 21-NOT USED/OTHER QC 01/21/2008 0 NORTH VALLEY PROPERTIES LL KATKE PROPERTIES LLC 100.0 DEED 1362/623 03-ARM'S LENGTH WD 12/03/2014 199,000 CIRCLE C PROPERTIES LLC NORTH VALLEY PROPERTIES LL Trans. Verified By Liber & Page Terms of Sale Inst. Type Sale Date Sale Price Grantee Grantor 07/14/2022 Exhibit 4 ---PAGE BREAK--- Exhibit 4 ---PAGE BREAK--- 7/27/22, 12:13 PM UTC 1/1 080-028-300-005-00 CIRCLE C PROPERTIES LLC 988 FIVE LAKES RD, GAYLORD Otsego County GIS Map Publication: 07/27/2022 8:13 AM Disclaimer: This map does not represent a survey or legal document and is provided on an "as is" basis. Otsego County expresses no warranty for the information displayed on this map document. 200m 600ft Exhibit 5 ---PAGE BREAK--- 2391 Oakridge Drive Flint, MI 48507 To Whom This May Concern: MIRA, The Midwest International Racing Association started in 1979. We began as a snowmobile enduro racing circuit with race events throughout the Midwest and Michigan. When it started, the races were “True “enduros, meaning that the “TC250” was actually 250 miles, or 500 laps on a half mile track. As time progressed, MIRA added a sprint racing format to accommodate racers that didn’t want to race the long distances. In that time the enduros were shortened to 250-500 lap events to make room for the sprint racing. MIRA is a not for profit, members owned, and ISR certified company. MIRA promotes and advocates snowmobiler safety such as helmets, protective gear, tether cord (emergency stop), fire safety, and racing on the track not the trails. We hire local EMT’s and, have an ambulance at the track when racing is going on. Much of our profits goes back into safety equipment and items needed to conduct professional quality events. MIRA likes to give back to the communities that we are a part of. We have made donations to teacher’s scholarship funds, youth groups, lions club, and others. We are completely volunteer run and have no salaries or paid positions. This year we have partnered with Diesel Freak, a local Gaylord company, to promote youth racing. We have bridged that gap from 120cc racers to the professional racing with the addition of the Diesel Freak Rising Racer Series. We now have a class for 8-11 year old’s called 340 JRs, 12-16 year old’s are in the 440Jrs and then 12-17 year old’s are in the F500. These are steppingstones to keep kids and teens involved in sports and out of trouble. Our events drive business activity in the communities we race in. We've put on two very successful races outside of the Gaylord area these last two winters. We bring a lot to the local economy when we put on a race. Teams come from 6 different states and Canada, fill over 500 hotel rooms, and inject over $250,000 into the local economy in a short amount of time. We work with many Local companies in the Gaylord community. Extreme Power Sports, Diesel Freak, Gaylord Tourism Bureau, O’Reilly Auto Parts, Shirt Works and more than 2 dozen others. We are covered by Michigan Snowmobiler & ORV Magazine, Local Radio and TV stations and FLO Sports televises our races and we had over 100,000 people view our Gaylord race weekend last season. We will bring good coverage on a Local, State and National level to the Gaylord community. The Extreme Power Sports 250 sprint event will be held on February 11, 2023. We start Saturday with hot laps at 9:00 and racing starts at 10:45 and will end between 4:00 and 5:00 pm depending on how quickly each race goes. On Sunday February 12, 2023, we have our Diesel Freak Rising Racers Junior program and end our weekend with the Extreme Power Sports 250 Enduro race. We start hot laps at 9:45 and will wrap up the weekend around 4:00pm. MIRA puts on winter events when most areas are not busy and look forward to our presence creating economic activity. We appreciate your time, and we really enjoy our time in your community. Please let us know if you have any questions, we would be happy to answer them. President of MIRA Karl Schwartz [PHONE REDACTED] Vice President of MIRA Charles Wiltse [PHONE REDACTED] [EMAIL REDACTED] Exhibit 6 ---PAGE BREAK--- Otsego County Planning Commission Approved Minutes for October 17, 2022 Page I 1 Call to Order: 6:00pm by Chairperson Hartmann Pledge of Allegiance Roll Call: Present: Mr. Hartmann, Mrs. Jarecki, Mr. Maxwell, Mr. Caverson, Mr. Hilgendorf, Mr. Marlette, Mr. Dipzinski, Ms. Corfis Absent: Mr. Brown, (excused) Mr. Scott, Mr. Sanders (excused) Others Present: Haider Kazim, Otsego County attorney Staff Present: Ms. Boyak-Wohlfeil, Mr. Marquard Public Present: Randy Stults, Dave Delaney, attorney, Robert & Ronda Elam, Michael Brabbs, Daniel Poirier, Sandra Henderson, Jessie Elam, Joseph Charles, Peggy Young, John W Poliskey, Joel Fieberg, Ryan LaLonde, Karl Schwartz, Charles Wiltse, Matthew Bach, Derek Baker Approval of minutes from: September 19, 2022 Chairperson Hartmann requested discussion on the minutes; hearing none, requested a motion. Motion made by Mr. Hilgendorf to approve the minutes as presented; seconded by Mr. Dipzinski. Motion approved unanimously. Consent Agenda: None Public participation for items not on the agenda: None Other: None PUBLIC HEARING: 1. PZSU22-003 – Robert & Rhonda Elam, property owners/applicants, are requesting a Special Use Permit/Site Plan Review for property located in Corwith Township at 6213 Karslake Rd Vanderbilt, MI 49795. The proposed use of the property is for a wedding venue. The proposed property is in a FR/Forestry Recreation Zoning District. The ZBA has determined the use to be comparable to other permitted uses subject to special conditions within the FR District. Parcel identification number: 041-034-400-010-01 6213 Karslake Rd Vanderbilt, MI 49795 Legal Description: COMM AT SE CORNER OF SEC 34 TH N00°48'33"E 377.18 FT ALG THE E LINE OF SAID SEC 34 TO POB, TH N89°50'22"W 1320.11 FT TO THE E 1/8 LINE OF SEC 34, TH N00°44'48"E 991.79 FT ALG SAID E LINE TO THE S 1/8 LINE OF SEC 34,TH S89°49'29"E 1321.14 FT ALG S 1/8 LINE TO THE E LINE OF SEC 34, TH S00°48'33"W 991.46 FT ALG SAID E LINE TO POB. CONTAINS 28.65 ACRES. 2018 SPLIT FROM 041-034-400-010-00. Parcel identification number: 041-034-400-010-02 6015 Karslake Rd Vanderbilt, MI 49795 Legal Description: BEG AT THE SE SORNER OF SEC 34, TH N89°50'18"W 1319.7 FT ALG THE S LINE OF SAID SEC 34 TO THE E 1/8 LINE, TH N00°44'48"E 377.18 FT ALG SAID E 1/8 LINE, TH S89°50'22"E 1320.11 FT TO THE E LINE OF SEC 34, TH S00°48'33"W 377.18 FT ALG SAID E LINE TO POB. CONTAINS 11.43 ACRES. 2018 SPLIT FROM 041-034-400-010-00. Chairperson Hartmann stated the case before them and opened the public hearing. He requested comment from the applicant. Public Hearing Opened: 6:02pm Exhibit 7 ---PAGE BREAK--- Otsego County Planning Commission Approved Minutes for October 17, 2022 Page I 2 David Delaney, applicant’s attorney, stated the applicants have been in a lawsuit with the county for over a year and they hoped for resolution tonight. The county brought suit against the Elams on the basis they thought a wedding venue was being conducted on the property. The case went before the court and when the subject of the Sonshine Barn and Sojurn came up, Judge Cooper returned the case to the Zoning Board of Appeals (ZBA) for an administrative remedy. The ZBA determined this was an unlisted property use (a wedding venue) comparable to a permitted use subject to special conditions. He wished to make the commission aware that the Elams no longer owned BJ’s Restaurant; they do not have a liquor license or a food license. They run the property as a Bed & Breakfast; the property was rented out and could be used for a birthday party, Saturday football or a Halloween party. People began using it as a wedding venue and word spread of the location as a good place to get married. The Elams do not run the wedding venue, they don’t have a food or liquor license; the people that rent the property hire whoever they want to supply the food and what not. Word got out to the Zoning Department and they perceived it as wedding venue; that is the label they put on it but the property can be used for other things. The Sonshine Barn was approved in an Ag zone and Sojurn has been grandfathered in a RR zone. The Bed & Breakfast has become an issue with it being viewed as a commercial use but the ZBA has approved the use and now it’s before the Planning Commission. He stated his view of the planning commission’s role was a check list board – plans are approved based on the requirements being met. He deferred to Mr. Seidell for discussion on the site plan submitted and to answer questions. Todd Seidell, architect, stated the main building was remodeled and adapted for commercial use years ago. Commercial bathrooms were added and the building was insulated for sound around the perimeter as well as the roof. It was about 2400 sq. ft. plus a couple of bathrooms and was located at the bottom part of the property. The site plan was developed with Land Use and depicted everything that sits on the site including landscape buffers, existing buildings, and the parking areas identified with light poles. The photometrics were supplied as well; the lights were a residential style and basically at twenty feet the foot candles of light were nothing; the parking area was a basically a field. Ms. Corfis requested the landscape buffering for sound abatement be pointed out and questioned the elevation and trees planted. Mr. Seidell stated that left of the building was staggered screen fencing with a whole line of landscape buffering along the west side of the property. The berm (seven-foot in height) was further down, the trees were ten- foot (10’) tall spruce planted in a staggered line on the ground, they were not elevated. Ms. Corfis questioned if the fencing was sound proof fencing. Mr. Seidell stated the fencing was standard six-foot tall dog-eared fencing and was staggered to allow wildlife to pass through. Ronda Elam, applicant, read aloud a prepared statement with an overview of the case as well as their development of the property since purchasing it in 2013. She stated the issue with noise was brought to their attention in 2019 by neighboring property owner, Fred VanAlstine and all entertainment equipment and dancing was brought inside the building at that point. They have been and will continue to be present at all events held at the Rut Hut. Daniel Porier, neighboring property owner, read aloud a prepared statement in favor of the facility. Michael Brabbs, neighboring property owner, read aloud a prepared statement against the use of the facility. Chairperson Hartmann stated a letter was also received from Dr. VanAlstine, a neighboring property owner, against the use of the facility siting a couple of unfortunate incidents. Chairperson Hartmann requested further public comment, hearing none, he closed the public hearing. Public Hearing Closed: 6:31pm ---PAGE BREAK--- Otsego County Planning Commission Approved Minutes for October 17, 2022 Page I 3 ADVERTISED CASE: 1. PZSU22-003 – Robert & Rhonda Elam, property owners/applicants, are requesting a Special Use Permit/Site Plan Review for property located in Corwith Township at 6213 Karslake Rd Vanderbilt, MI 49795. The proposed use of the property is for a wedding venue. The proposed property is in a FR/Forestry Recreation Zoning District. The ZBA has determined the use to be comparable to other permitted uses subject to special conditions within the FR District. Mr. Delaney wished to clarify the cease and desist did not come from the district court, there was no court order ever issued. Mr. Maxwell stated it was clear that a special use permit was required after the ZBA determination. Mr. Delaney stated he did not want to debate that; he just wanted it made clear that a restraining order was not granted by the court. He also stated he was not aware of the township meeting with Corwith as he did not receive notice. He was unsure of what they did but it sounded like it was approved with conditions. Chairperson Hartmann stated it was not approved. Mrs. Jarecki stated the Corwith Township meeting was not a public hearing nor did it need be. Mr. Delaney stated the applicant should have been notified to state their case; he had not seen the Township response. Corwith Township’s response was shared with Mr. Delaney and the Elams. Mr. Dipzinski stated ignorance of the law was no excuse and operating a business knowing a special use permit is required is a violation. He stated he struggled with the comparison to the Sonshine Barn. Yes, they were in similar areas but they followed the proper protocol before starting their business; they did not hold three years of weddings prior to getting a special use permit. He also struggled with the idea that because the property had been rented, the owners were unsure of what was going on; if revenue was accepted and they were on site, they should be aware of what was going on. Chairperson Hartmann questioned why the Township suggested not to grant the permit. Mrs. Jarecki stated they did not think the venue was appropriate for the Forestry Recreation District; they commented on other uses they did not feel were appropriate as well. She questioned if the applicant was aware that bow hunting occurred in October. Mrs. Elam stated they were; the family hunted and was the reason the property was purchased. Mrs. Jarecki also stated a case had come before Corwith Township several years ago concerning the property and they had recommended disapproval. The Township did not appreciate the use being carried on knowing it was not a permitted use. Haider Kazim, County Attorney, stated the Zoning Board of Appeals (ZBA) had determined that a wedding venue could be allowed in the FR Zoning District subject to special conditions. The Planning Commission’s role was to review the application and apply the standards specified in the Ordinance (Section 19.7). The standards cover the impact the use would have on the surrounding area; is the use harmonious with the surrounding area and what impact the use could have on public services. He cautioned the Commission to base their decision on the standards; the fact that the applicant did not apply for the special use sooner does not bear as much weight as meeting the standards. Ms. Corfis requested clarification on the term wedding venue from a legal aspect and questioned what part of the property did the wedding venue pertain to. Mr. Kazim stated there was not a legal definition of a wedding venue and the Zoning Ordinance did not define the term, it had been approved as a comparable use. ---PAGE BREAK--- Otsego County Planning Commission Approved Minutes for October 17, 2022 Page I 4 Ms. Corfis questioned the Health Department’s approval and what they were being asked to approve as there were multiple buildings and a parking area on the site plan. Mr. Kazim stated the Health Department approval was based on what had been presented; the building defined on the site plan as the event building with the included floor plan should be considered for approval. Mr. Maxwell stated a special use permit would have to be approved if the standards were fulfilled; the Planning Commission could also place conditions on the approval appropriate for the location. He suggested discussion on possible conditions for the special use. Chairperson Hartmann questioned if Land Use had requested Mr. Elam to ‘cease and desist’ and if it was relevant to the discussion. Ms. Boyak-Wohlfeil stated a ‘cease and desist’ was requested in the violation letter but the use was continued; it was then forwarded to the court. Mr. Kazim stated in reviewing the standards, it was not a relevant consideration. The case went to court and the judge decided to let it go through the zoning process; if the zoning process was not successful, the judge would rule. At this point, the infraction would be different because it would be considered a special use. He agreed with Mr. Maxwell’s comment concerning subjecting approval upon conditions; he pointed out that whatever conditions may be imposed, needed to be backed up by some finding of fact. There had to be some basis for a condition should there ever be a challenge. Ms. Corfis commented she wished Corwith Township had put in writing their reasons for not wanting to recommend the use to back up their response. Mrs. Jarecki stated Corwith Township did not appreciate that the Elams went ahead with the use after they recommended it not be approved previously; they did not feel it was an appropriate use for the zoning district but stated that if the permit was approved, they recommended conditions be placed on it and listed their recommended conditions. Mr. Maxwell stated he thought the consensus was that the special use permit would not just be approved, that conditions needed to be placed on it. Mr. Kazim suggested going through the process of Finding of Fact for record purposes. Chairperson Hartmann read aloud the standards of Section 19.7 Standards for Special Land Use Approval: • 19.7.1 – Met • 19.7.2 – Met • 19.7.3 – Roll Call vote: Met – 2 Not Met – 6 • 19.7.4 – Roll Call vote: Met – 1 Not Met – 7 • 19.7.5 – Met • 19.7.6 – Met • 19.7.7 – Not Applicable • 19.7.8 – Met With Sections 19.7.3 and 19.7.4 not having been met by roll call vote, discussion ensued concerning noise, traffic, buffering, closing the doors of the building, hours of operation, etc. Mr. Kazim stated findings should be based on the narrative and fact finding provided in the packet as to whether the standard had been met and if not, what conditions would be required to meet the standard. The findings needed to pertain to weddings on this property, where it will take place, when it will take place. ---PAGE BREAK--- Otsego County Planning Commission Approved Minutes for October 17, 2022 Page I 5 Mr. Marlette stated the neighbors have determined that the noise has a negative impact and if there’s singing and dancing and partying, there’s noise. Closing the doors on the building with no air conditioning in the middle of summer was not going to work. Mr. Maxwell stated closing the doors of a building with no air conditioning in the middle of summer at maximum occupancy would not likely be complied with. Mr. Kazim stated the fact that an event would be within an enclosed building with the doors open and noise filtering out was a valid finding; they needed to counter that fact with steps that have been taken to reduce that noise factor such as the berm and the line of trees. These needed to be considered as counterpoints. Any noise can have an impact; what are the mitigating factors that this has a substantially negative impact. Ms. Corfis stated the photos showed the barn opened up to tentage on one side so there were activities outside. Noise can be directional so she thought the berm should be around the building and not just on one side for noise abatement along the road. Mr. Kazim stated this was a legitimate concern as noise seemed to be the biggest factor. He suggested asking the applicant how they planned on dealing with this issue. Mr. Seidell stated he was the architect for the Sonshine Barn as well; he was offering a comparison of the two. The Sonshine Barn was in an open farm field next to the road, there were no trees and the doors were open during most events. Chairperson Hartmann questioned the neighboring properties. Mr. Seidell stated there were neighbors across the street. The nearest property line to the applicant’s barn which was the south property line was over three hundred seventy feet (370’) away. Taking into consideration the concerns of sound transmission, he questioned what would be an acceptable decibel level, what would be the standard. Mr. Dipzinski stated ninety-three decibels was the standard; that was state law. He was aware of this because he was a retired police officer; this was based on motor vehicle noise. Mr. Seidell stated if there were standards already in place, those standards be adhered to. Mr. Kazim stated that since noise was the most prevalent concern, he suggested doing a sound study to see what an acceptable decibel level was at the property line. Neighboring property owners spoke up concerning the noise levels; some stating it was unacceptable for the FR District and others who were unaware of any noise at all. Chairperson Hartmann suggested reviewing Corwith Township’s recommendations and read those aloud. 1) Property is a minimum of a forty (40) acre parcel (one parcel). 2) All main buildings, accessory buildings and parking lots must meet district setbacks from property lines. 3) A buffer is required around the event and parking area. This should consist of an eight foot high earthen berm planted with three staggered rows of six foot tall conifer trees. This berm should be constructed within the property lines surrounding the event and parking area. 4) Hours of operation shall be 4:00 p.m. – 10:00 p.m. All guests must vacate event premises by 11:00 p.m. No overnight guests. 5) All sound equipment must be within an enclosed permanent building with all doors, windows and openings closed. Sound emitted should not exceed 30 decibels at the property lines. 6) Lighting shall be consistent with local, state and federal law. Lighting of the facility, such as appurtenant structures and parking lots shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution. 7) Temporary structures may only be used as accessory structures. They may be erected two days preceding and must be removed no later than two days after any event. 8) Parking areas must be within the activity buffer area and meet the standards of Section 21.27. ---PAGE BREAK--- Otsego County Planning Commission Approved Minutes for October 17, 2022 Page I 6 9) Required parking will be based on capacity of structures within the activity area. Parking surface for the activity should be improved. Should the parking area routinely exceed the maximum number of approved spaced, the Planning Commission shall reevaluate the parking needs. Federal and State requirements regarding ADA parking and access shall apply. ADA parking surface, slope and number of spaces must meet ADA requirements. 10) Fireworks prohibited. 11) Bonfire/campfires prohibited. Mr. Caverson stated it seemed the recommendations paralleled the narrative. Mr. Maxwell stated the recommendations were more restrictive. Ms. Corfis questioned if both parcels were included in the special use request and questioned the parking. Mr. Kazim stated they were; the venue itself was on one parcel and the majority of the parking was on the other. Both parcel numbers were listed on the application. Mr. Maxwell stated the special use permit would include both parcels and become void should one parcel be removed. Mr. Kazim questioned Mrs. Jarecki on the basis for the Township’s berm requirements and the data used. Mrs. Jarecki stated the Township wanted a berm as a sound barrier and did not think a three-foot berm as proposed was sufficient; they considered a mining operation and based the eight-foot height on what they thought would reduce the sound. Mr. Kazim questioned if other heights were considered. Mrs. Jarecki stated they considered ten feet Mr. Marlette stated the efficiency of the berm height would depend on the positioning of the speakers. If the speakers were raised, the berm would not contain the noise. Mrs. Jarecki stated the Township wanted the music and speakers to be contained within the building; the berm was to help lower noise activity in the tented area and outside the building. Mr. Caverson stated an eight-foot berm was not really going to help with containing sound and would take away from the FR natural look of the area. He would encourage the applicants be restricted from cutting any trees in a buffer zone. He suggested planting more trees as opposed to building a berm. Mr. Maxwell stated the future zoning language should take this into consideration as well. Mr. Marlette questioned if they operated as a Bed & Breakfast. Mrs. Elam stated no, there were existing allowable uses in the Ordinance that they had tried to fit into; they would not have guests stay on this property. Mr. Maxwell questioned where guests would be staying. Mrs. Elam stated there were many Air B&Bs in the area. Mr. Maxwell questioned the decibel level recommended. Mr. Dipzinski stated keeping all the windows/doors closed in the middle of summer was unrealistic; the building was not air conditioned. Mrs. Jarecki stated a neighbor had suggested thirty decibels as acceptable and the Township wished the large garage doors on either ends of the building be kept closed; they thought this created a funnel effect for noise. Mrs. Elam stated the doors needed to be kept open to comply with EMS and Fire safety. ---PAGE BREAK--- Otsego County Planning Commission Approved Minutes for October 17, 2022 Page I 7 Mr. Kazim stated the Planning Commission’s job was to rely on data and evidence to base conditions on; they cannot be based on one party’s more restrictive recommendations. Mr. Maxwell stated if the doors were open, there was nothing to keep the sound in the building. Mrs. Elam stated they tried to accommodate both sides; on the side with the three garage doors closest to the property line (south), two doors were closed with the third door furthest from any neighbor remaining open for safety purposes. The windows have never been opened. Mrs. Jarecki questioned if there were other doors in the barn and why those doors couldn’t be accessed. Mrs. Elam stated there were french doors on the west side that were kept closed for a cigar & bourbon area and a door on the east side for access to the parking lot. She was not sure why but was complying with EMS and Fire requirements. Mr. Kazim stated they had to comply with fire code so a reasonable compromise would be to keep three out of the four doors closed. Mrs. Elam stated a minimum of two doors have been kept closed since the issue was brought to their attention and at this time of year, they tried to keep all doors closed as far as possible to comply with the fire code. The doors closest to the property line are kept closed; she will honor what the Planning Commission requires. Mr. Kazim stated the findings included in the packet should be reviewed for conditions. Commissioners went through the findings and began listing the conditions for the special use permit concerning buffer areas, hours of operation, temporary structures, occupancy, camping, bonfires, music and entertainment, fireworks and so on. Mr. Seidell suggested a third-party do a study to determine a decibel level and what would be required to meet that decibel level. Mr. Maxwell suggested the study be done at the owner’s expense and then presented to Land Use for approval by both parties. Mr. Kazim stated the conditions discussed were based on the narrative submitted with changes as adopted. SEE ATTACHMENT #1 Mr. Kazim read aloud the conditions discussed stating number one regarded buffers: 1. An acoustical study to be conducted by the property owners at the property owners’ expense and the results of the acoustical study shared with the Land Use Department and acceptable to Land Use – no future land clearing is allowed while it is used as a special use 2. Hours of operation are 3:00pm-10:00pm; premises must be vacated by 11:00pm 3. Temporary structures may be erected two days prior to an event and must be taken down no later than two days after the event 4. Fireworks are prohibited 5. No bonfires or campfires 6. No camping or overnight guests 7. Two overhead doors on the south side of the barn building must remain closed 8. No groups larger than 100 people allowed 9. Property can only be used for events between June 1st and October 1st with the following exceptions: October 22, 2022 October 9, 2023 10. Owners must remain on site during an event 11. All music, speakers and entertainment must occur within the barn building 12. No music and entertainment can begin before 6:00pm 13. All music and entertainment must end by 10:00pm ---PAGE BREAK--- Otsego County Planning Commission Approved Minutes for October 17, 2022 Page I 8 Mr. Brabbs questioned how the study would be conducted; what would be the comparison. Mr. Caverson stated it would be conducted by best use practices; information for similar areas would be used. Mr. Dipzinski stated it would be compared to a rural setting; there was available data. With no further discussion, Chairperson Hartmann requested a motion for PZSU22-003. Motion made by Mr. Hilgendorf to approve special use permit PZSU22-003 parcel numbers 041-034-400-010-01 and 041-034-400-010-02 as a wedding venue located at 6213 Karslake Rd with the conditions as stated; Seconded by Mrs. Jarecki. Motion approved unanimously. Motion passes – PZSU22-003 approved with conditions. PUBLIC HEARING: 2. PZRZ22-003 – Circle C Properties LLC, Joel Fiebig, owner/applicant, represented by Charlie Wiltse, are requesting a Rezone of a parcel located in Livingston Township at 988 Five Lakes Rd Gaylord, MI 49735. The proposed purpose of the rezone is for consistency in adjoining land use. The property is currently zoned R1/Residential with a request to be rezoned AR/Agricultural Resource. Parcel identification number: 080-028-300-005-00 988 Five Lakes Rd Gaylord, MI 49735 Legal Description: NE 1/4 OF SW 1/4 LYING WLY OF I 75 R/W & W 1/2 OF SW 1/4 EXC I 75 R/W & EXC 522 FT N & S & 417.5 FT E & W LOCATED 600 FT E OF SW COR SEC 28 T31N R3W. Chairperson Hartmann stated the case before them and opened the public hearing. He requested comment from the applicant. Public Hearing Opened: 8.11pm Joel Fiebig, Circle C owner, stated they had tried to go through the required process; they had attended the Livingston Township meeting but after further research, he really didn’t need the land itself rezoned. They are a non-profit organization and their intention was to hold an annual snowmobile race on the property. He went through the process so their intended use would be allowed but they had no intention of constructing any buildings, bleachers or lighting for the event. Because this property was not going to be run as a business, maybe the rezone wasn’t necessary. They had previously held races on property south of town but wanted to move the event to the proposed property. The parcel was sixty-nine acres with a big bowl at the north end. This is where the race would take place; they would not leave any kind of footprint, the ice track itself would melt in the spring. They worked with MIRA (Midwest International Racing Association) and the president and vice president were in attendance. The race would be held one weekend, Saturday and Sunday from 8:00am – 4:00pm; people would start showing up Friday to set up. Any proceeds made would be donated. Steve Dipzinski stated Livingston Township had a long discussion on the subject and did not object to the proposed use but voted unanimously to deny the request. The Township based their decision on the Future Land Use Map and the surrounding residential use depicted. They were all for the use but did not want to rezone the property strictly on the proposed use; the rezone would open the property up to all the uses permitted in the AR District and they felt the current zoning was correct for the area. Everything west of I-75 was zoned residential on their Future Land Use Map. If there was another way to allow the use without rezoning the property, the Township was all for it. Chairperson Hartmann questioned if there was any way the use could be allowed in the R1 District. ---PAGE BREAK--- Otsego County Planning Commission Approved Minutes for October 17, 2022 Page I 9 Ms. Boyak-Wohlfeil stated there was not an allowable use within the district. Mr. Maxwell stated the Planning Commission should follow the Future Land Use Map as much as possible. Chairperson Hartmann questioned the property used previously for the race. Mr. Johnson stated the race had previously taken place on his uncle’s property south of Gaylord but because the property was farmed, crops remained throughout the winter and the racing made it more difficult to farm due to the compaction of the soil. Mr. Fiebig questioned if there was some type of one-time use allowed. He stated they hold the Sugar Festival in his county and they have events in parks or ballfields. He questioned the options allowed for something like this. They would not be leaving any type of huge impact; the property was basically a huge gravel pit. Gravel had been exhumed from it for many years. Mr. Stults suggested a conditional rezoning stating this had not been done very often in the County but was a possibility. He suggested some research be done to offer this as an option. He thought the land owner would have to submit certain conditions to allow the rezone and once the use was gone, the zoning would revert to the original zoning. Many members stated they had never heard of conditional zoning and Mr. Stults stated it was allowable under the Michigan Zoning Enabling Act. Mr. Dipzinski stated Livingston had a meeting the following night and this could be discussed further. He felt if this was a viable option, they may be for it. Chairperson Hartmann questioned if Land Use was familiar with this. Ms. Boyak-Wohlfeil stated she was not familiar with conditional zoning but there was a definition currently in the Zoning Ordinance that may allow something such as this. She read the definition: TEMPORARY BUILDING OR USE: A use of a building or premises permitted by the Board of Appeals to exist during periods of construction of the main building or use, or for special events. She stated the case would have to go before the ZBA for approval but it was an option. Mr. Marlette stated he had attended a class a while back where conditional zoning was discussed; they were cautioned on using it but there were circumstances where it could apply. Mr. Maxwell suggested postponing the case until research could be done. Chairperson Hartmann questioned if they had a date in mind for the event. They stated it was scheduled for February 11th and 12th. Mr. Marquard questioned the advertising of the event. They stated the race dates were already posted on their social media for Gaylord because people come from all over. They had not actually advertised it for a particular site only that it would be held in Gaylord, MI. Chairperson Hartmann stated they did need to get the ZBA involved and questioned Mr. Dipzinski on discussing it at Livingston’s meeting. Mr. Dipzinski stated it would be discussed. He asked if the applicant would be available to attend; he stated he would research conditional zoning, Mr. Fiebig stated he may be able to attend but was interested in the temporary use. Mr. Dipzinski questioned the quickest way to go before the ZBA. ---PAGE BREAK--- Otsego County Planning Commission Approved Minutes for October 17, 2022 Page I 10 Ms. Boyak-Wohlfeil stated an application would need to be submitted, the case would be put together to be sent to township; after a response was received from township, a public hearing would be published and a meeting date set. The ZBA met the last Tuesday of the month so depending on the timing of it all, it was possible to get the case before the ZBA by the end of November. Mr. Fiebig stated they would like to go that route with the understanding the temporary use would have to be applied for annually and there were costs involved. Mr. Dipzinski stated Livingston Township would discuss the case at their meeting the following night; they would not make them wait another month. Mr. Fiebig stated someone would be in to submit application the following day. With no further comment, Chairperson Hartmann closed the public hearing. Public Hearing Closed: 8:30pm ADVERTISED CASE: 2. PZRZ22-003 – Circle C Properties LLC, Joel Fiebig, owner/applicant, represented by Charlie Wiltse, are requesting a Rezone of a parcel located in Livingston Township at 988 Five Lakes Rd Gaylord, MI 49735. The proposed purpose of the rezone is for consistency in adjoining land use. The property is currently zoned R1/Residential with a request to be rezoned AR/Agricultural Resource. Mr. Maxwell stated the case was officially postponed until the Planning Commission’s November meeting. PUBLIC HEARING: 3. PZSU22-004 – John Poliskey, owner/applicant, is requesting a Special Use Permit/Site Plan Review for property located in Otsego Lake Township at 11284 Sherwood Dr Frederic, MI 49733. The proposed use of the property is for the installation of a small wind turbine generator (WTG). The proposed property is in a RR/Recreation Residential Zoning District. A small wind turbine generator in a permitted use subject to special conditions in the RR Zoning District. Parcel identification number: 091-190-000-071-00 11284 Sherwood Dr Frederic, MI 49733 Legal Description: LOT 71 ENCHANTED FOREST SEC 35 T29N R3W Chairperson Hartmann stated the case before them and opened the public hearing. He requested comment. Public Hearing Opened: 8.34pm Ms. Corfis stated the applicant had supplied a very well-prepared packet and explained that he would be building a small wind turbine from a kit. He provided a lot of supporting documentation. The one issue Otsego Lake Township had with the site plan was the distance of the turbine from the property line; the thirty-three-foot (33’) structure did not meet the one and a half times distance required. They requested he move the turbine to meet that requirement. Other than that, the Township was happy to encourage the use of green energy. John Poliskey, applicant, stated he had revised the site plan to reflect the distance requested. He had moved the structure to fifty feet (50’) from the property line which placed it halfway between the property lines. Mr. Dipzinski stated that was the maximum allowable for the lot. Mr. Stults stated the applicant had measured to the center point of the turning blade instead of the tip of the blade which was an additional thirty-seven inches It was a minimal amount and with moving it to the center of the property, the setback would be met. With no further comment, Chairperson Hartmann closed the public hearing. Public Hearing Closed: 8:38pm ---PAGE BREAK--- Otsego County Planning Commission Approved Minutes for October 17, 2022 Page I 11 ADVERTISED CASE: 3. PZSU22-004 – John Poliskey, owner/applicant, is requesting a Special Use Permit/Site Plan Review for property located in Otsego Lake Township at 11284 Sherwood Dr Frederic, MI 49733. The proposed use of the property is for the installation of a small wind turbine generator (WTG). The proposed property is in a RR/Recreation Residential Zoning District. A small wind turbine generator in a permitted use subject to special conditions in the RR Zoning District. Chairperson Hartmann requested further discussion; hearing none, he requested a motion. Motion made by Ms. Corfis to approve special use permit PZSU22-004 parcel number 091-190-000-071-00 for a small wind turbine generator located at 11284 Sherwood Dr; Seconded by Mr. Marlette. Motion approved unanimously. Motion passes – PZSU22-004 approved PUBLIC HEARING: 4. PZPR22-002 – Matthew Bach, owner/applicant, has requested a Site Plan Review for property located in Corwith Township at 7290 Old 27 North Vanderbilt, MI 49795. The proposed use of the property is to expand the special use permit and construct two fifty (50) unit storage buildings. The property is located in a B2/General Business Zoning District. Mini-storage buildings consisting of separate storage rooms rented or leased by the month is a permitted use subject to special conditions in the B2 Zoning District. Parcel identification number: 042-027-300-005-04 7290 Old 27 North Vanderbilt, MI 49795 Legal Description: PARCEL A: COMM AT S¼ COR OF SEC 27, TH N00°03'24"W 1315.20FT ALG N-S¼ LN TO POB; TH N88°13'32"W 1170FT ALG S⅛ LN, TH N00°03'24"E 304FT, TH S88°13'32"E PAR TO S⅛ LN 1170FT, TH S00°03'24"W 304FT ALG N-S¼ LN TO POB. SEC 17 T32N-R3W CONT 8.26 ACRES M/L PARCEL B: COMM S¼ COR OF SEC 27, TH N00°03'24"W 1315.20FT ALG N-S¼ LN, TH N88°13'32"W 1170FT ALG S⅛ LN TO POB; TH N88°13'32"W 540.16FT ALG S⅛ LN, TH N03°22'07"E 533.93FT, TH S88°13'32"E 358.24FT, TH S00°03'24"E 230FT, TH S88°13'32"E 150FT, TH S00°03'24"W 304FT TO POB. SEC 17 T32N-R3W CONT 5.53 ACRES M/L 1998 SPLIT OF 042-027-300- 005-01 Chairperson Hartmann stated the case before them and opened the public hearing. He requested comment from the applicant. Public Hearing Opened: 8:39pm Matthew Bach, owner/applicant, stated he was the new owner of 7290 Old 27 N; it was a self-storage facility. A 30’x200’storage unit was existing on the property and he proposed to add two additional buildings to meet the demand for storage in the area. These would be 30’x250’ directly south of the existing building. Chairperson Hartmann questioned the size of the individual units. Mr. Bach stated they would be ten feet (10’) wide and sizes would range between 10’x10’, 10’x15’ or 10’x20’. Mr. Marlette questioned the lighting submitted and how much would be installed. Mr. Bach stated he thought the lighting was optional but if it was determined it was needed, the lights would be installed on the eaves at the ends of the building. The light would shine down and would not leave the property. With no further comment, Chairperson Hartmann closed the public hearing. Public Hearing Closed: 8:43pm ADVERTISED CASE: 4. PZPR22-002 – Matthew Bach, owner/applicant, has requested a Site Plan Review for property located in Corwith Township at 7290 Old 27 North Vanderbilt, MI 49795. The proposed use of the property is to expand the special use permit and construct two fifty (50) unit storage buildings. The property is located in a B2/General Business Zoning District. Mini-storage buildings consisting of separate storage rooms rented or leased by the month is a permitted use subject to special conditions in the B2 Zoning District. ---PAGE BREAK--- Otsego County Planning Commission Approved Minutes for October 17, 2022 Page I 12 Chairperson Hartmann requested further discussion; hearing none, he requested a motion. Motion made by Mr. Maxwell that the requirements of the Ordinance have been met; Seconded by Mr. Hilgendorf. Motion approved unanimously. Motion made by Mr. Maxwell to approve site plan review PZPR22-002 parcel number 042-027-300-005-04 for the addition of two 30’x250’ 50-unit storage buildings located at 7290 Old 27 North; Seconded by Mr. Hilgendorf. Motion approved unanimously. Motion passes – PZPR22-002 approved UNFINISHED COMMISSION BUSINESS: 1. Master Plan – Updates w/NEMCOG Discussion Ms. Boyak-Wohlfeil stated Land Use had received an additional quote of $600 for a total of $2600 from NEMCOG to update the information in the Master Plan. This included NEMCOG completing all the of the administrative work. Chairperson Hartmann made the following motion: Motion made by Mr. Hartmann to recommend to the Budget & Finance Committee approval of the costs presented by NEMCOG to update the Master Plan; Seconded by Mr. Maxwell. Motion approved unanimously. 2. CIP Committee – Volunteers Ms. Boyak-Wohlfeil stated the Capital Improvement Plan (CIP) was being updated and a meeting would need to be held to review the CIP; volunteers were needed. Mr. Marquardt stated last year’s meeting was held mid-November and was attended by Rachel Frisch, County Administrator, Mr. Glasser, BOC Chair, Mr. Hartmann, Mr. Hilgendorf and Land Use staff. Chairperson Hartmann stated he was obligated to attend and requested volunteers from the commission. Mr. Hilgendorf stated he would be on the committee again. Mr. Maxwell volunteered to attend. Mr. Marlette volunteered to attend. Mr. Marquard stated he was making updates to the Plan and would reach out with meeting dates. 3. Fences – Twp. Input Ms. Boyak-Wohlfeil stated Land Use had received input from townships on the proposed language for Fences and questioned if another committee meeting was needed or if it should move forward for a public hearing. Chairperson Hartmann stated he thought the language could be brought before the Planning Commission. Mr. Maxwell questioned the need for a public hearing as the Commission had already reviewed the language. Ms. Boyak-Wohlfeil stated the language for ‘garden fencing’ was not part of that public hearing so another would be required. It would be scheduled for the November meeting. ---PAGE BREAK--- Otsego County Planning Commission Approved Minutes for October 17, 2022 Page I 13 NEW BUSINESS: PZPR21-003 – Treetops Site Plan Review – Extension Request Barry Owens, Treetops representative, stated the site plan was approved last November 15th and due to a delay in the seasonal staff coming in and rising costs of contractors to move the homes into place as well the costs of the homes themselves, Treetops was unable to place the homes as planned. He was requesting a one-year extension of their approved site plan. Chairperson Hartmann requested discussion; hearing none, made the following motion. Motion made by Mr. Hartmann to approve a one-year extension for PZPR21-003; Seconded by Mrs. Jarecki. Motion approved unanimously. Reports and Commission Member’s Comments: 1. Otsego County Parks & Recreation report Mrs. Jarecki stated the adult basketball league had started at the Community Center; the County Park was closed for the season; Irontone Springs, Wah Wah Soo, Libke Fields and the dog park were closed as well; and the Groen project was 100% complete but needed a final walk through. 2. Land Use Services report Ms. Boyak-Wohlfeil requested a committee be formed to discuss the language for Recreational Equipment as this was becoming an issue in the County. Chairperson Hartmann requested volunteers for a committee. Volunteers include: Mr. Hartmann Mr. Maxwell Mr. Marlette Chairperson Hartmann suggested a meeting Friday, October 28th at 10:00am. Members agreed; meeting scheduled. Ms. Boyak-Wohlfeil stated feedback from the townships had been received concerning the Event Facilities and another committee meeting should be scheduled. Chairperson Hartmann suggested Friday, November 4th at 10:00am. An email will be sent out to committee members and will include township input. With nothing further, Chairperson Hartmann adjourned the meeting. Adjournment: 9:12pm by Chairperson Hartmann Pete Maxwell; Secretary Christine Boyak-Wohlfeil; Recording Secretary ---PAGE BREAK--- Otsego County Planning Commission Approved Minutes for October 17, 2022 Page I 14 ATTACHMENT Narrative: TIMELINE: Any event cannot begin before 4pm Hours of Operation 3pm-10pm Any event must be done by 10:30pm Premises vacated by 11pm Limited number of events per year DEBRIS: All debris is removed by each vendor (caterers in particular) Any extra debris is placed in dumpster located at 977 N Center Street, Gaylord (E3 offices) NOISE: All speaker/music/entertainment must be placed within the barn building Music/Entertainment cannot start prior to 6pm Music/Entertainment must be done by 10:30pm All music and entertainment must end by 10pm Berms, fencing, trees, shrubs (see attached architect drawing) for sound barrier 35-6ftX8ft panels are on ordered (awaiting delivery) Acoustical sound study to be conducted at No fireworks allowed owners’ expense and approved by Land Use/No future clearing of trees USAGE: Property can be rented from June to October only Events can only take place between June 1st and October 1st with two exceptions: 1 event October 2022;1 event October 2023 Owners (Robert/Ronda Elam) on located on site during any event Temporary structures may be erected 2 days prior to an event and must be taken down no later than 2 days after HANDICAP: There are six handicap parking spaces located next to barn building Bathrooms are equipped with handicap stalls (as approved by building department) Complete building has barrier free entrances/floors/doors/bathrooms EMERGENCY: There is a non-blocked/no parking lane around the barn/property Exit signs (as required by building department) Two overhead doors on the south side of the barn building must remain closed CAPACITY: No groups larger than 100 people CAMPING: We do not meet the definition of a campground, under Michigan law and will not allow any verbiage to state otherwise from property renters No camping or overnight guests There are no firepits allowed at barn property No bonfires or campfires LICENSE(S): All food/spirits permit (licenses) are the responsibility of the renters ROADS: Roads are maintained by the Otsego County Road Commission (letter attached) ---PAGE BREAK--- Otsego County Planning Commission Approved Minutes for October 17, 2022 Page I 15 OTSEGO COUNTY PLANNING COMMISSION PZSU22-003 Special Use Permit/Site Plan Review 041-034-400-010-01/041-034-400-010-02 GENERAL FINDINGS OF FACT 1. This is a proposal for a wedding venue determined as a comparable use per the Zoning Board of Appeals (ZBA). Exhibit Exhibit Exhibit Exhibit #8 2. The proposed properties are located in Corwith Township at 6213 Karslake Rd Vanderbilt, MI 49795. Exhibit #1 3. The proposed properties are located in a FR/Forestry Recreation Zoning District. Exhibit #2 4. The proposed use is a permitted use subject to special conditions in a FR/Forestry Recreation Zoning District as determined by the ZBA. Exhibit #8 5. The properties total 40.08 acres. Exhibit #4 6. The properties are currently under the ownership of Robert and Ronda Elam. Exhibit Exhibit #4 7. Events are held within the barn located on the proposed properties at 6213 Karslake Rd. Exhibit Exhibit Exhibit #7 8. The name of the proposed venue is the ‘Rut Hut’. Exhibit #22 9. A limited number of events will be held during the months of June – October only. Exhibit #7 10. Events are limited to 100 people. Exhibit #7 11. Events will not commence before 4:00pm and must end by 10:30pm. Exhibit #7 12. Music will not commence before 6:00pm and must end by 10:30pm. Exhibit #7 13. All speakers, music devices and entertainment must occur within the building. Exhibit #7 14. Room rentals within the home as well as the existing guest house are rented out as part of their rental package. Exhibit Exhibit #8 15. Camping facilities cannot be advertised for scheduled events. Exhibit #7 16. The Public Hearing Notice was published in the Herald Times on September 30, 2022. Exhibit #9 17. The requirements of Article 27 of the Otsego County Zoning Ordinance have been met. Exhibit #10, Exhibit #11 18. All property owners within three hundred (300’) feet were properly notified of the public hearing. Exhibit #12 19. The Planning Commission has the authority to approve a Special Land Use request after review and compliance with the Otsego County Zoning Ordinance. (Section 19.7) Exhibit #3 20. The required fees have been collected by Otsego County Land Use Services. Exhibit #13 21. The site plan requirements of Article 23 have been reviewed by Otsego County Land Use and all requirements pertaining to the proposed development have been addressed by the Applicant. Exhibit #3 22. Agency letters for the proposed project have been received from the Northwest Michigan Health Department, Otsego County EMS, Otsego County Fire Department, Otsego County Road Commission. Exhibit #16, Exhibit #18, Exhibit #19, Exhibit #20 - pending ---PAGE BREAK--- Otsego County Planning Commission Approved Minutes for October 17, 2022 Page I 16 FINDINGS UNDER ARTICLE 19/PERMITTED USES SUBJECT TO SPECIAL CONDITIONS: 19.7.1 The property subject to the application is located in a zoning district in which the proposed special land use is allowed. HAS – HAS NOT BEEN MET 19.7.2 The proposed special land use will not involve uses, activities, processes, materials or equipment that will create a substantially negative impact on the natural resources of the county or the natural environment as a whole. HAS – HAS NOT BEEN MET 19.7.3 The proposed special land use will not involve uses, activities, processes, materials or equipment that will create a substantially negative impact on other conforming properties in the area by reason of traffic, noise, smoke, fumes, glare, odors or the accumulation of scrap material that can be seen from any public highway or seen from any adjoining land owned by another person. HAS – HAS NOT BEEN MET HAS BEEN MET W/CONDITIONS 19.7.4 The proposed special land used will be designed, constructed, operated and maintained so as not to diminish the opportunity for the surrounding properties to be used and developed as zoned. HAS – HAS NOT BEEN MET HAS BEEN MET W/CONDITIONS 19.7.5 The proposed special land use will not place demands on fire, police or other public resources in excess of current capacity. HAS – HAS NOT BEEN MET 19.7.6 The proposed special land use will be adequately served by public or private streets, water and sewer facilities and refuse collection and disposal services. HAS – HAS NOT BEEN MET 19.7.7 If the proposed special land use includes more than fifteen thousand (15,000) square feet of impervious surface, then the storm water management system employed by the use shall preserve the natural drainage characteristics of the site and enhance the aesthetics of the site to the extent possible, (ii) employ storm water disposal through evaporation and infiltration when reasonably possible, (iii) shall not discharge storm water directly to wetlands or surface waters unless there is no other prudent or reasonably feasible means of discharge, (iv) shall not serve to increase the quantity no rate of discharge leaving the property based on 25-year storm criteria, shall be designed using Best Management Practices identified by the DNR or its successor agency, and (vi) shall identify the party responsible for maintenance of the storm water management system. HAS – HAS NOT BEEN MET NOT APPLICABLE 19.7.8 The proposed special land use complies with all specific standards required under this Ordinance applicable to it. HAS – HAS NOT BEEN MET SECTION 19.8 - CONDITIONS The Planning Commission may attach reasonable conditions to the approval of a special use permit. These conditions may include those necessary to ensure that public services and facilities affected by a proposed special land use will be capable of accommodating increased service and facility loads caused by the special land use, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land and to promote the use of land in a socially and economically desirable manner. Any conditions imposed, however, shall meet all the following requirements. 19.8.1 Be designed to protect natural resources, the health, safety and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed special land use and the community as a whole. 19.8.2 Be related to the valid exercise of the police power and purposes which are affected by the proposed special land use. 19.8.3 Be necessary to meet the intent and purpose of the zoning ordinance, be rated to the standards established in the ordinance for the special land use under consideration and be necessary to ensure compliance with those standards. ***Motion made by Mr. Hilgendorf to approve special use permit PZSU22-003 parcel numbers 041-034-400-010-01 and 041-034-400-010-02 as a wedding venue located at 6213 Karslake Rd with the conditions as stated; Seconded by Mrs. Jarecki. Motion approved unanimously. ---PAGE BREAK--- Otsego County Planning Commission Approved Minutes for October 17, 2022 Page I 17 Conditions: 1. An acoustical study to be conducted by the property owners at the property owners’ expense and the results of the acoustical study shared with the Land Use Department and acceptable to Land Use – no future land clearing is allowed while it is used as a special use 2. Hours of operation are 3:00pm-10:00pm; premises must be vacated by 11:00pm 3. Temporary structures may be erected two days prior to an event and must be taken down no later than two days after the event 4. Fireworks are prohibited 5. No bonfires or campfires 6. No camping or overnight guests 7. Two overhead doors on the south side of the barn building must remain closed 8. No groups larger than 100 people allowed 9. Property can only be used for events between June 1st and October 1st with the following exceptions: October 22, 2022 October 9, 2023 10. Owners must remain on site during an event 11. All music, speakers and entertainment must occur within the barn building 12. No music and entertainment can begin before 6:00pm 13. All music and entertainment must end by 10:00pm ---PAGE BREAK--- Otsego County Planning Commission Approved Minutes for October 17, 2022 Page I 18 ATTACHMENT OTSEGO COUNTY PLANNING COMMISSION PZSU22-004 Special Use Permit/Site Plan Review 091-190-000-071-00 GENERAL FINDINGS OF FACT 1. This is a proposal for a small Wind Turbine Generator (WTG). Exhibit Exhibit Exhibit Exhibit #8 2. The proposed property is located at 11284 Sherwood Dr Frederic, MI 49733 in a RR/Recreation Residential Zoning District. Exhibit #2 3. The proposed use is a permitted use subject to special conditions in a RR/Recreation Residential Zoning District. Exhibit #3 4. Only one WTG – small will be placed on the proposed property. Exhibit Exhibit #7 5. The proposed height of the WTG – small is thirty feet Exhibit # 6, Exhibit #7 6. The proposed placement of the WTG – small is fifty feet (50’) from the nearest property line. Exhibit Exhibit #7 7. The Riparian Zone Setback does not apply to the proposed WTG – small. Exhibit Exhibit #7 8. The minimum blade tip clearance will be more than fifteen feet (15’) from any grade, structure or appurtenance. Exhibit Exhibit #7 9. The proposed property is forested and will reduce shadow flicker and help diminish sound to neighboring properties. Exhibit Exhibit Exhibit #19 10. The proposed property backs up to State Land. Exhibit #2 11. The proposed property is 0.56 acres. Exhibit #4 12. County records show the proposed property under the ownership of the John A Poliskey. Exhibit #4 13. County records show the property to the south is owned by the John A Poliskey and the property to the north is owned by a relative, Dr Jamie Poliskey; both are vacant properties. Exhibit Exhibit #12 14. The Public Hearing Notice was published in the Herald Times on September 30, 2022. Exhibit #9 15. The requirements of Article 27 of the Otsego County Zoning Ordinance have been met. Exhibit #10, Exhibit #11 16. All property owners within three hundred (300’) feet were properly notified of the public hearing. Exhibit #12 17. The Planning Commission has the authority to approve a Special Land Use request after review and compliance with the Otsego County Zoning Ordinance. (Section 19.7) Exhibit #3 18. The required fees have been collected by Otsego County Land Use Services. Exhibit #13 19. The site plan requirements of Article 23 have been reviewed by Otsego County Land Use and all requirements pertaining to the proposed development have been addressed by the Applicant/Representative. Exhibit #3 20. Agency letters for the proposed project have been received from the Otsego County EMS, Otsego County Fire Department, Otsego County Gaylord Regional Airport. Exhibit #16, Exhibit #17, Exhibit #18 - pending ---PAGE BREAK--- Otsego County Planning Commission Approved Minutes for October 17, 2022 Page I 19 FINDINGS UNDER ARTICLE 19/PERMITTED USES SUBJECT TO SPECIAL CONDITIONS: 19.7.1 The property subject to the application is located in a zoning district in which the proposed special land use is allowed. HAS – HAS NOT BEEN MET 19.7.2 The proposed special land use will not involve uses, activities, processes, materials or equipment that will create a substantially negative impact on the natural resources of the county or the natural environment as a whole. HAS – HAS NOT BEEN MET 19.7.3 The proposed special land use will not involve uses, activities, processes, materials or equipment that will create a substantially negative impact on other conforming properties in the area by reason of traffic, noise, smoke, fumes, glare, odors or the accumulation of scrap material that can be seen from any public highway or seen from any adjoining land owned by another person. HAS – HAS NOT BEEN MET 19.7.4 The proposed special land used will be designed, constructed, operated and maintained so as not to diminish the opportunity for the surrounding properties to be used and developed as zoned. HAS – HAS NOT BEEN MET 19.7.5 The proposed special land use will not place demands on fire, police or other public resources in excess of current capacity. HAS – HAS NOT BEEN MET 19.7.6 The proposed special land use will be adequately served by public or private streets, water and sewer facilities and refuse collection and disposal services. HAS – HAS NOT BEEN MET 19.7.7 If the proposed special land use includes more than fifteen thousand (15,000) square feet of impervious surface, then the storm water management system employed by the use shall preserve the natural drainage characteristics of the site and enhance the aesthetics of the site to the extent possible, (ii) employ storm water disposal through evaporation and infiltration when reasonably possible, (iii) shall not discharge storm water directly to wetlands or surface waters unless there is no other prudent or reasonably feasible means of discharge, (iv) shall not serve to increase the quantity no rate of discharge leaving the property based on 25-year storm criteria, shall be designed using Best Management Practices identified by the DNR or its successor agency, and (vi) shall identify the party responsible for maintenance of the storm water management system. HAS – HAS NOT BEEN MET NOT APPLICABLE 19.7.8 The proposed special land use complies with all specific standards required under this Ordinance applicable to it. HAS – HAS NOT BEEN MET SECTION 19.8 - CONDITIONS The Planning Commission may attach reasonable conditions to the approval of a special use permit. These conditions may include those necessary to ensure that public services and facilities affected by a proposed special land use will be capable of accommodating increased service and facility loads caused by the special land use, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land and to promote the use of land in a socially and economically desirable manner. Any conditions imposed, however, shall meet all the following requirements. 19.8.1 Be designed to protect natural resources, the health, safety and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed special land use and the community as a whole. 19.8.2 Be related to the valid exercise of the police power and purposes which are affected by the proposed special land use. 19.8.3 Be necessary to meet the intent and purpose of the zoning ordinance, be rated to the standards established in the ordinance for the special land use under consideration and be necessary to ensure compliance with those standards. ***Motion made by Ms. Corfis to approve special use permit PZSU22-004 parcel number 091-190-000-071-00 for a small wind turbine generator located at 11284 Sherwood Dr; Seconded by Mr. Marlette. Motion approved unanimously. ---PAGE BREAK--- OTSEGO COUNTY ZONING BOARD OF APPEALS PUBLIC HEARING NOTICE November 29, 2022 The Otsego County Zoning Board of Appeals will hold a public hearing on Tuesday, November 29, 2022 at 6:00 pm. The meeting will be held in the Planning & Zoning conference room located at 1322 Hayes Rd Gaylord, MI. The purpose of the public hearing will be to obtain citizen comment on the following: Circle C Properties LLC, Joel Fiebig, owner/applicant, is requesting a Temporary Use on a parcel located in Livingston Township at 988 Five Lakes Rd Gaylord, MI 49735. The proposed purpose of the temporary use is to hold a special event weekend of snowmobile racing for a non-profit organization. The property is currently zoned R1/Residential. Parcel identification number: 080-028-300-005-00 988 Five Lakes Rd Gaylord, MI 49735 Legal Description: NE 1/4 OF SW 1/4 LYING WLY OF I 75 R/W & W 1/2 OF SW 1/4 EXC I 75 R/W & EXC 522 FT N & S & 417.5 FT E & W LOCATED 600 FT E OF SW COR SEC 28 T31N R3W. All citizens are welcome to participate in the meeting or provide written comment. If written comments are provided, the comments must be received at the Otsego County Land Use Services Office by noon (12:00 pm) the day of the meeting. Any citizen who has questions regarding this application or needs assistance to participate in this meeting should contact the Zoning Administrator at [PHONE REDACTED]. Exhibit 8 ---PAGE BREAK--- Department of Land Use Services 1322 Hayes Rd • Gaylord, MI 49735 Phone: [PHONE REDACTED] • Fax: [PHONE REDACTED] www.otsegocountymi.gov October 18, 2022 Township PO Box 1848 Gaylord, MI 49734 RE: Temporary Use Pursuant to Article 27 of the Otsego County Zoning Ordinance/Township Participation in County Zoning, the application for the Temporary Use of a single parcel is being forwarded. If you require the applicant to be present at your meeting, he can be notified at the following: Applicant: Circle C Properties LLC c/o Joel Fiebig 3812 Bay Port Rd Sebewaing, MI 48759 [PHONE REDACTED] If you have any questions, please contact Land Use and we will be glad to assist you. We anticipate your input concerning this matter. Thank you for your participation in County Zoning. Sincerely, Christine Boyak-Wohlfeil Otsego County Zoning Administrator encl Exhibit 9 ---PAGE BREAK--- From: Christine Boyak-Wohlfeil To: "Steve" Subject: RE: Circle C property Date: Monday, October 24, 2022 10:48:00 AM Thank you Steve. The case will be sent to the ZBA for review in November. -----Original Message----- From: Steve <[EMAIL REDACTED]> Sent: Monday, October 24, 2022 10:04 AM To: Christine Boyak-Wohlfeil <[EMAIL REDACTED]> Subject: Circle C property EXTERNAL SENDER, Use Caution when viewing, confirm legitimacy before clicking any links or opening any attachments Christine Thank you for the timely response and information. Livingston Township Planning Commission held its meeting on 18 Oct 2022 and we discussed the two options for Circle C to have its venue. We were unanimously not in favor of a rezone or conditional zoning; however, we were very much in favor of a one-time temporary use. This, in our opinion, would allow the proper personnel to evaluate this venue on a year-to-year basis, based on their abilities to conduct a professional and safe venue. We very strongly support the ideas being conveyed to us and would like to see this move forward in a safe manner. We would encourage the ZBA to allow this as a one-time use and then re-evaluate it as a year-by-year event Steve Dipzinski Livingston township planning comission Exhibit 10 ---PAGE BREAK--- ---PAGE BREAK--- TEMPORARY USE PZBA22-006 080-028-300-005-00 CIRCLE C PROPERTIES LLC - LIVINGSTON TOWNSHIP Parcel Number Property Address Owner Record Acres Property Class Zoning Code 080-028-300-005-00 988 FIVE LAKES RD CIRCLE C PROPERTIES LLC 3812 BAY PORT RD SEBEWAING MI 48759 69.00 401 R-1 080-032-100-005-02/ 080-032-100-005-03 1037 FIVE LAKES RD/ 990 MEECHER RD CARPENTER JAMES A JR & VICKIE L 990 MEECHER RD GAYLORD MI 49735 0.92/ 0.79 401/ 401 R-1/ R-1 080-032-100-030-04 914 MEECHER RD SEVENSKI JAMES & LINDA 914 MEECHER RD GAYLORD MI 49735 0.46 401 R-1 080-033-200-010-00 MDOT STATE HIGHWAY MI 19.50 202 B3 080-028-200-005-00/ 080-029-100-065-00/ 080-029-400-005-00 1940 MORGAN RD GAPINSKI BLASE 1940 MORGAN RD GAYLORD MI 49735 40.00/ 20.00/ 161.71 102/ 102/ 101 R-1/ AR/ AR 080-028-300-010-00 862 FIVE LAKES RD GILDNER CHRISTOPHER Q & AMY L 862 FIVE LAKES RD GAYLORD MI 49735 5.00 401 AR 080-029-400-025-02 1062 FIVE LAKES RD CZARKOWSKI JAMES 1270 ALLIS RD GAYLORD MI 49735 1.00 401 R-1 080-029-400-025-03/ 080-029-400-030-00 1014 FIVE LAKE RD BUNKER ALYSON 1014 FIVE LAKES RD GAYLORD MI 49735 1.00/ 1.00 402/ 401 R-1/ R-1 080-029-400-035-00 MACIONSKI ALBERT T & OLIVE E TRUST 9642 LAURENCE AVE ALLEN PARK MI 48101 7.40 402 R-1 080-029-400-040-03/ 080-029-400-050-01 1203 MEECHER RD SMITH KENNETH 1203 MEECHER RD GAYLORD MI 49735 5.02/ 10.03 402/ 401 R-1/ R-1 080-029-400-055-00 SHEPOSH-KELLER 6044 N ELIZABETH ST DEARBORN HEIGHTS MI 48127 7.50 402 R-1 081-235-000-036-00/ 081-235-000-037-00 907 EXPRESSWAY CT PONSSE NORTH AMERICA INC 4400 INTERNATIONAL LN RHINELANDER WI 54501 3.73/ 4.11 201/ 202 B-3/ B-3 081-245-000-001-00/ 081-245-000-003-00 DIEHL GARRETT A & NIKI L 961 MEECHER RD GAYLORD MI 49735 0.83/ 0.80 402/ 402 R-2/ R-2 081-245-000-002-00 961 MEECHER RD DIEHL - COASTER 961 MEECHER RD GAYLORD MI 49735 0.76 401 R-2 Exhibit 11 OWNERS WITHIN THREE HUNDRED FEET (300') Mailing Address ---PAGE BREAK--- OTSEGO COUNTY LAND USE SERVICE 1322 HAYES RD GAYLORD, MI 49735 PH: [PHONE REDACTED] FAX: [PHONE REDACTED] INSPECTION LINE: [PHONE REDACTED] SEBEWAING, MI 48759 3812 BAY PORT RD CIRCLE C PROPERTIES LLC Paid By: 01326739 RECEIPT NUMBER 10/27/2022 Amount Description Category Record Type $ 400.00 ZBA VARIANCE / INTERPRETATION ADMIN ZONING PZBA22-006 Permit Expiration of permit: A permit will remain valid as long as work is progressing and inspections are requested and conducted. A permit will become invalid if the authorized work has not commenced within 6 months of issuance or if the authorized work is suspended or abandoned for a period of 6 months. $ 0.00 To Overpayment $ 0.00 Change $ 400.00 Tendered Transferred Credit Check $ 400.00 Cash $ 400.00 Total Exhibit 12 ---PAGE BREAK--- Exhibit 13 OTSEGO COUNTY ZONING BOARD OF APPEALS TEMPORARY USE PZBA22-006 080-028-300-005-00 FINDING OF FACT 1. This is a proposal for a temporary use on a single parcel located in Livingston Township at 988 Five Lakes Rd Gaylord, MI 49735. Exhibit Exhibit #5 2. The property is located in a R1/Residential Zoning District. Exhibit #2 3. The purpose of the temporary use is to allow a special event on the parcel listed above. Exhibit Exhibit #6 4. The proposed event will consist of a single weekend of snowmobile racing. Exhibit #6 5. The event is planned for the weekend of February 11 – 12 of 2023 with arrivals beginning on Friday. Exhibit #6 6. The hours of operation will be 9:00am to 5:00pm on Saturday and Sunday. Exhibit #6 7. There will be no land clearing and no construction of buildings, stands, or bleachers on the property; the only evidence of use will be an ice track that will melt in the spring. Exhibit Exhibit #7 8. The event will be conducted as a non-profit event for Midwest International Racing Association (MIRA). Exhibit #6 9. The proposed property totals 69.00 acres. Exhibit #4 10. The proposed property is the site of an old mining operation. Exhibit Exhibit #7 11. The proposed property is currently under the ownership of Circle C Properties LLC. Exhibit #4 12. Joel Fiebig is the owner of Circle C Properties LLC. Exhibit Exhibit #6 13. The Public Hearing Notice was published in the Herald Times on November 11, 2022. Exhibit #7 14. The requirements of Article 27 of the Otsego County Zoning Ordinance have been met. Exhibit Exhibit #10 15. All property owners within three hundred feet (300’) were properly notified of the public hearing. Exhibit #11 16. The required fees have been collected by Otsego County Land Use Services. Exhibit #12 17. The Zoning Board of Appeals has the authority to approve a temporary use request after review per Section 2.2 of the Otsego County Zoning Ordinance. Exhibit #3 ---PAGE BREAK--- Exhibit 13 FINDINGS UNDER ARTICLE 2 DEFINITIONS ARTICLE 2 CONSTRUCTION OF LANGUAGE AND DEFINITIONS Amended 4.13.2021 SECTION 2.2 TEMPORARY BUILDING OR USE: A use of a building or premises permitted by the Board of Appeals to exist during periods of construction of the main building or use, or for special events. ***THE PROPOSED TEMPORARY USE CAN BE DEFINED AS A SPECIAL EVENT FINDINGS UNDER ARTICLE 25 ARTICLE 26 BOARD OF APPEALS SECTION 26.2 JURISDICTION 26.2.1 The Zoning Board of Appeals shall have all the powers and duties granted by State law and this Ordinance, including the following specific powers: 26.2.1.1 Interpretation of the Zoning Ordinance Text and Map: To hear and decide requests for interpretation of the zoning map and zoning text, as well as for decisions on other special questions on which this Ordinance specifically authorizes the Zoning Board of Appeals to pass. [Sec. 3603 ***THE ZONING BOARD OF APPEALS HAS THE AUTHORITY TO APPROVE A TEMPORARY USE PER SECTION 2.2 ---PAGE BREAK---