LAKE ANGELUS PLANNING COMMISSION MINUTES
August 1, 2017
Present:Chair, Bob Bailey; Commissioners Joe Hilger, Heidi Hoyles, Gary Parlove, Mark Symonds,Chuck Poploskie, Ed Prokopp; Attorney, Gerald Fisher; Building Official; Brian Keesey; Clerk, Lee McNew
Visitors:none
Residents:Gail Welsh, Charlon Hibbard
Chairman Bob Bailey called the meeting to order at 7:05 p.m.
Chuck Poploskie moved to accept the minutes as corrected. Gary Parlove seconded and the motion passedunanimously.
Comments from the residents: Charlon Hibbard is still very concerned because of the continuous noise from the Greenlee pump. She cannot sleep and the problem continues to cause her health issues. One pump was switched out last week and they say they will switch the other pump. There is no word on the cover to prevent noise from traveling upward and disturbing the neighbors. Others have complained as well. The building officials are working with the Greenlees and recognize the problems. Bob suggested enforcing the noise as a nuisance and is also concerned about the pump noise at the Bill Johnson home and pond.
The Welsh, 1160 Lake Angelus Shores, site plan was reviewed by Brian Keesey.
Site Plan Review Considerations
The existing home is situated up a natural slope and 172 feet from the waterfront. The new addition will be occupying the space where a patio exists today, tucked between the hearth room and the dining room, both of which extend closer to the water than the proposed addition. Due to its location in the context of the existing building, there are no site‐line or setback implications for this addition. The new addition will be over 187 feet from the water at its closest point.
Area, Width, Height, Setbacks
The proposed site plan complies with the following dimensional requirements of Section 1246.07 of the
Zoning Ordinance:
Required Provided
Lot Area 30,000 square feet ~1.8 acres
Lot Width 100 feet ~193 feet
Setbacks
Front 50 feet Met
Side 15 feet Met
Rear 40 feet Met
Lake View Setback Formula Met
Maximum Residence Size
60 x 193 ft. = 11,580
sq. ft. max
4705 sq. ft.
Criteria for Site Plan Review (1242.04.B)
All site plan reviews are subject to the following standards for approval:
1) The proposed use will not be injurious to the surrounding neighborhood and protects the general
health, safety, welfare and character of the City. The proposed addition is in conformance with the
Zoning Ordinance requirements for setbacks and lake views. The structure will not affect the
ability to utilize and enjoy adjacent properties for desired residential use.
2) The natural beauty and traditional residential character are promoted. The structure will be built at
grade where an existing patio exists, and will not require removal of significant natural features.
Further, the addition will not alter the character of the home, particularly when viewed from the
water.
3) Proper access to the site by fire, emergency and service vehicles will be provided. The addition does
not pose additional concerns regarding the ability for emergency services to access the site. The
existing egress will remain after the addition is complete.
4) Natural features, wetlands, steep slopes, woodlands and the essential character of the Lake Angelus waterfront will be preserved. The proposed plans will not alter the essential character of the waterfront. All changes are proposed significantly outside of the 50‐foot waterfront setback, over 187 feet away from the shore.
5) Natural drainage and natural vegetation will be preserved, soil erosion will be controlled and the runoff of fertilizers and other detrimental substances into the Lake will be prevented. There is no grade change proposed on the
plans. We do not anticipate negative effects to the lake, as this is a replacement of impermeable pavers with an impermeable roof.
6) Grading shall not materially change the existing character of the site or its relationship to neighboring property. We do not anticipate grading that will materially change the existing character of the site.
7) Increases and changes in surface water runoff attributable to the proposed construction shall be contained on the site and shall not be diverted onto neighboring property. There will be no change to the amount of impervious area on
this property.
8) Wastewater treatment systems, including on‐site septic systems, will be located to minimize any
potential degradation of surface water or groundwater quality and meet City, County and State
standards. The plans do not propose changes to these facilities.
9) The proposed use is in compliance with all City ordinances and any other applicable laws. The
proposed addition complies with applicable City ordinances. Information required on Site Plan (1242.04.C)
Per Section 1242.04.C of the Zoning Ordinance, the Planning Commission may waive certain requirements
where the criteria above are satisfactorily addressed in the documents provided for plan review. Certain physical (outdoor mechanical equipment, wells, septic systems, etc.) and natural (topography, floodplain line) features, as defined in Section 1242.04.C, are not included in the plans. However, we believe the elements not included do not diminish the clear understanding of this project. Further, those elements are not anticipated to change as a result of the proposed addition. We recommend the Planning Commission waive the missing information upon finding the materials provided are adequate to review the impact of the proposed addition. Supplementary Use and Development Standards in the Residential District (1248.05) The plan will comply with all supplementary use standards in the Residential District once a soil erosion permit is issued as required by the MDEQ for work within 500 feet of an open water body.
CONCLUSION AND RECOMMENDATIONS
The site plan dated July 25, 2017 and the building plans dated July 19, 2017 describe a plan that meets thedimensional and use standards outlined in the Ordinance for residential property in the City of LakeAngelus. The location of the proposed addition, inside of the farthest extents of the building footprint, will not create detrimental impacts to adjacent property owners or residents of Lake Angelus. We recommend Planning Commission approve the site plan for the proposed addition to the home at 1160 Lake Angelus Shores. Once approved, the applicant shall be responsible for obtaining all applicable soil erosion, building, and mechanical permits as required by the City of Lake Angelus and the State of Michigan.
The mechanical and septic need to be on the site plan however they are not relevant in this case and the PC can waive the requirement. Gary Parlove moved to accept the proposal as submitted. Chuck Poploskie seconded the motion and it passed unanimously.
The Woodlands Management Ordinance, to regulate the removal of protected trees, version 4.5 and sketch were reviewed by Attorney Fisher. In this version 1) a larger unregulated area between the house and road of 100 feet was proposed as requested by residents at the last PC meeting. 2) A regulation for outlots was added, those lots having no lake frontage were regulated with a 100 foot protected perimeter and an interior unregulated interior. 3) an unregulated area from the back of the house and a fifteen foot unregulated area surrounding the house were added. 4) A generalized plan for a future tree plan was included with Mr. Miller’s comments.
The diagram shows the permissible envelope for leisure activities, including gardens.
The PC was generally concerned about rumors and misconceptions about the woodlands management ordinance. The PC wanted to convey to residents that they have worked for six months on this with several revisions trying to create a balance between protecting the nature of the lake and not imposing undue burdens on the residents and their property. The PC has worked hard to address all residents’ concerns made known to the PC. The PC wished to invite residents to attend the next PC meeting on August 22 and to make comments and ask questions. The agenda should be on the website and if possible the ordinance and diagram. Attorney Fisher and Building Official Brian Keesey will help with final wording for the angelus.
The PC recommends to the City Council a tree cutting moratorium for 3 months or until a woodlands management ordinance is passed.
Joe Hilger, Attorney Fisher, and Building Official Brian Keesey will develop a brief FAQ for the meeting on the 22nd.
There were some other concerns about the ordinance. Hiedi Hoyles suggested reducing the preserved area to 75 feet from the road rather than 100 was suggested. Mark Symonds expressed concern as to how to regulate tree preservation on an on-going basis. Attorney Fisher will make some changes in the ordinance for the next meeting and a new diagram will be made by Brian Keesey.
A set back map was shown to the PC. There is a problem with site lines. Houses continue to move forward. There is a wish to keep from having all the houses set at 50 feet from the lake which would destroy the natural beauty of the lake. It was suggested that new houses not build in front of neighbors, that an average of the neighboring houses might work, that a line showing an average from the lake of adjacent neighbors might work. The set back map is a beginning to look at and solve the problemof houses moving closer to the lake. A pdf of the lake and a 36 x 48 map would be helpful.
Solar panels, Brian Keesey reviewed a proposal, the idea is to prevent glare to the lake, to use base line standards and to prevent a change in the dimensions of the structure. Attorney Fisher will put in ordinance form.
Master Plan, The Council would like this done this year. The plan must be reviewed every five years. Certain changes need to be done, updating demographics; population, employment housing, others need a reaffirmation. This will be a minor revision, not a rewrite. Heidi Hoyles will give the PC the changes that were reviewed in the past. She suggested adding a 2015 column for households.
A new fee schedule for building is proposed. We are at about break even, builders think it’s too much and the Council feels we need higher fees. Clerk McNew will get the publication costs of variance, ZBA, and SLU notices in the Oakland Press to Brian Keesey so these costs can be covered by those building and requiring these notices. Some on the Council wished to keep the fees lower, others felt those building should cover the costs. Building Official Keesey will work on a suggested fee schedule keeping in mind the fees charged by similar communities.
The SLU for the seawall of Cerulli, 3499 Old Baldwin is coming to the next PC meeting. A contract for the seawall by the boat launch is needed to be completed by Attorney Fisher. Everyone agrees that they had read the on-going activities from the McKenna report and did not need to review further.
The meeting was adjourned at 9:30 p.m.
The next meeting will be Tuesday, August 22, 2017, 7 p.m.
Respectfully submitted:
Robert Bailey
Chairman, Planning Commission
Lee M. McNew
City of Lake Angelus Clerk
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