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Minutes - April 13, 2010

HOLLAND CHARTER TOWNSHIP PLANNING COMMISSION 

Regular Meeting 

April 13, 2010 

The meeting was called to order by Chairman Hoeve at 7:00 p.m. 

Present:  Chairman Marion Hoeve, Vice-Chrmn/Secretary Jack VanderMeulen and Members Arlan Hossink, LaVerne Johnson, Ken Bosma, Dennis Gebben and Willis Driesenga.  Also present were Assistant Zoning Administrator Meghann Reynolds and Recording Secretary Susan Working. 

Absent:  Zoning Administrator Jon Mersman. 

The minutes of the meeting of March 2, 2010 were approved as printed. 

Mr. Hoeve opened the first public hearing to consider a request submitted by Loun Vongphachanh for permission to operate a beauty salon as a Home Occupation.  The property is located at 3141 Amwood Avenue. 

Mrs. Vongphachanh explained that she is losing her job and would like to start this business in her home.  She would like to use an area in the garage which already has the necessary plumbing connections. 

Mr. Bosma asked if there were any building issues with using a portion of the garage.  Ms. Reynolds replied that there are not. 

Mr. Hoeve asked about customer parking.  There is space for at least six vehicles in the driveway. 

In response to a question from Mr. VanderMeulen, it was noted that heating and cooling will be provided by a window unit. 

In response to a question from Mr. Driesenga, Mrs. Vongphachanh stated she has her license from the State. 

Jerry Deters, 12964 N. Bellwood Street, stated he was concerned about parking and asked if the Township could limit the number of customers at any one time. 

Mr. Hoeve replied that it would be difficult to police. 

It was moved by Mr. Driesenga and supported by Mr. Hossink to close the public hearing.  Motion carried. 

It was moved by Mr. Bosma and supported by Mr. Gebben to approve the special use as submitted and presented.  Motion carried. 

Mr. Hoeve opened the public hearing to consider a request submitted by Lowe’s for permission to utilize an outdoor display area.  The property is located at 12635 Felch Street. 

Store Manager Isabel Jewel explained that they would like to use a portion of their parking area immediately east of their north entrance for the display of accessory buildings.  They display around 10-12 units and would use about 2/3 to 3/4 of one row of parking. 

Neighbors Jon Knoll and Ben Luurtsma were present for clarification on where the display area would be located and if it will change lighting or noise. 

It was moved by Mr. Bosma and supported by Mr. Hossink to close the public hearing.  Motion carried. 

It was moved by Mr. VanderMeulen and supported by Mr. Gebben to approve the special use request as presented, subject to the submittal of a site plan showing the exact display area to be used and limited to 12 display units.  The display area is to be allowed for the months of May thru November.  Motion carried. 

Mr. Hoeve opened the public hearing to consider a special use request submitted by B & D Development for permission to operate an auto detailing business in a Commercial PUD.  The property is located at 388 Butternut Drive, Suite 70.  Present for this consideration were property owner Larry DeGroot and tenant Robert Gray. 

Mr. Gray explained that this business was previously located at Dave’s Car Lot on James Street.  He will be doing vehicle detailing – washing, waxing and cleaning vehicles in this condo unit. 

Mr. Bosma asked if there will be any outside storage.  Mr. Gray replied that outside storage is against the condo rules.  His trash containers will be inside the unit. 

Mr. Hoeve asked about the number of vehicles which will be parked on site.  Mr. Gray stated he offers a pickup and delivery service for the vehicles so did not feel he would have vehicles parked on site waiting for detailing. 

In response to a question from Mr. VanderMeulen, Mr. Gray replied he plans to have two par-time employees, one of whom does not have a vehicle. 

Mr. Hoeve asked if there was any exhaust equipment being used.  Mr. Gray replied no since they are only using a shop vac and air compressor. 

In response to a question from Mr. Hoeve, it was stated that there is an oil separator on the sewer line. 

Ms. Reynolds asked if the Water and Sewer Department had been contacted about any potential special requirements.  Mr. Gray replied they had not. 

Patricia Mahoney, one of the condo owners, had concerns over the proposed use.  She stated that the building was constructed for warehousing so the walls between the units are of galvanized steel and have no insulation or sound proofing.  The walls are also open at the top allowing sound and fumes to enter from the adjoining units.  They have been told by the building inspector that the top of the wall cannot be sealed up.  They would like a negative air pressure system installed as well as sound proofing to take care of the problems.  Mrs. Mahoney was also concerned about parking.  Each unit is allowed 2 parking spaces.  More parking cannot be added to the lot because there will be a problem with semis getting in or out. 

Mrs. Mahoney stated that moisture coming into their unit will also be a problem for the type of storage they utilize.  She doesn’t feel the current oil interceptor will handle this use.  The other condo owners feel this unit should have its own water meter.  Currently they utilize one meter for the entire building and divide the bill equally since the other units are all warehousing and use little if any water. 

Mrs. Mahoney felt the submittal was deficient and does not reflect what has happened in the unit.  There has been remodeling done without permits. 

Mrs. Mahoney also stated she felt she was misled by Mr. Gray as to the nature of the business.  She stated he told her he was planning on a large successful business.  He has installed a waiting area with a pop machine in the unit.  She questioned the need for this since he told the Planning Commission he will be picking up and delivering the vehicles. 

Patrick Mahoney reiterated his wife’s statements.  They have rock salt stored in their unit and are greatly concerned about moisture coming from this use.  Six out of the eight units in the building are warehousing and utilize semi-truck deliveries so they are very concerned about parking and the ability of the trucks to get in and out. 

Larry Dannenberg, owner of another unit, stated that the building was not designed for a car wash.  The building does hold condensation which is a problem.  He also did not feel the floor drain in the unit will be able to handle a car wash. 

The other condo owners were also concerned because they had heard that a driving school would be going into the remaining unit, further complicating the parking concerns.  There were several contradictory statements made about what is and isn’t allowed under the PUD and the condo rules. 

Mr. Gray also spoke of his frustration regarding the installation of a mailbox for his business.  The Post Office has told him they do not want it on Butternut Drive because of snow plowing in the winter.  The condo association does not want it within the condo area where the Post Office recommended it be placed, they want it on Butternut. 

Mr. Hoeve noted that the Commission cannot enforce the condo covenants.  However, the Commission Members would like to review them so they know what the condo association has control over. 

It was moved by Mr. Driesenga and supported by Mr. Hossink to close the public hearing.  Motion carried. 

It was moved by Mr. Gebben and supported by Mr. Johnson to table a decision on this request until more information can be obtained from the Building Department and the condo association.  Mr. VanderMeulen, Mr. Hoeve and Mr. Mersman or Ms. Reynolds will form a committee to gather and review this information.  Motion carried. 

The meeting adjourned at 8:05 p.m. 

Respectfully submitted, 

Susan Working
Recording Secretary