Bedford
Township,
Michigan
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BEDFORD TOWNSHIP Present: Korleen Bialecki (Chair), Ron Herr, Richard Brunt, Rick Steiner (Township Board Trustee Representative), and Rollie Abel (Planning Commission Representative), Also Present: Duane Tucker (Planning, Zoning, & Building Administrative Assistant, Board of Zoning Appeals (BZA) Facilitator, Land Division Administrator, and Recording Secretary), and Phil Goldsmith (Township Attorney-Lennard, Graham & Goldsmith P.L.C.). Absent (Excused): Dennis Kolar (Building Official). Call to Order: Ms. Bialecki (Chair) called the May 5, 2008 “regular” meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. Ms. Bialecki introduced the members of the Board and Township facilitator(s) to the public present. This meeting was held at 8100 Jackman Road, Bedford Township Government Center, in the Board Room. Citizen Participation Information: Ms. Bialecki welcomed the audience and shared citizen participation guidelines for public commentary. Approval of Agenda: Motion to approve the “agenda” as submitted was made by Mr. Steiner and seconded by Mr. Abel. Motion passed. NEW BUSINESS (CHAIRPERSON): Ms. Bialecki opened the new business and public hearing with the first variance hearing. First (1st) variance petition: The Appeal of Kroger Company, 4111 Executive Pkwy, Westerville, OH 43081, Dale E. Hinkelman their authorized agent, requesting a temporary use permit, for a charity outdoor car show, under Section 400.2204.6 and Section 400.2204.7, in a C-2 (Shopping Center Business District), on land described as 58-02-030-132-31 and 58-02-030-132-04, The Kroger Company, 7455 Secor Road. Ms. Bialecki swore in the applicant (Dale Hinkelman, 11818 Kruse Road) and explained the voting process followed by background information presented by Mr. Tucker. Mr. Hinkelman opted to continue with the variance process. Background information: The previously described parcel is vacant and approximately 2.32 acres in size while having approximately 245-foot frontage on Secor Road, being a parking lot, and known as 58-02-030-132-31. This parcel is also contiguous to “The Kroger Company” store facility, which consists of approximately 9.23 acres, and known as 58-02-030-132-04. The Bedford Charity Cruise is best described as a nonprofit community “classic car show”. The applicant is seeking a 3-year variance for 2008 through and inclusive of 2010 calendar years. For the record, ‘The Kroger Company’ has granted Dale E. Hinkelman “Authorization to Act as Agent/Representative” for this variance appeal. The proposed 2008 Bedford Charity Cruise event dates and designated charity donations are as follows: May 22- Relay For Life, June 26-Temperance Action Committee, July 24-Good Fellows, August 28-Y.M.C.A., and September 25- Heart of Hope. For the year 2008, this is the seventh (7th) consecutive year the Bedford Charity Cruise has been held. In the event of a severe or inclement weather (rain date), the event will be held one (1) week later. The Bedford Township Planning Commission heard and recommended approval on April 9, 2008 the following agenda item: 8 a. NEW BUSINESS: REQUEST FOR RECOMMENDATION ON A TEMPORARY USE TO PERMIT A CHARITY CAR SHOW ON THE KROGER COMPANY PARCEL NUMBER 58-02-030-132-31 AND A PORTION Of PARCEL NUMBER 58-02-030-132-04, SECOR AND STERNS ROADS. Discussion and recommendation to the BZA regarding Item 8a. The following is the Bedford Township Planning Commission April 9, 2008 motion which is unofficial until approved on 5-14-2008: Motion by Steinman, supported by Schneider, to recommend approval of the request for a temporary use to permit a charity car show on The Kroger Company Parcel Number 5802-030-132-31 and a portion of 5802-030-132-04, Secor and Sterns Roads, as submitted and with the following recommendations: 1) the approval shall be for three years, 2) a letter of approval shall be obtained from The Kroger Company, and 3) the BZA shall be provided with a specific traffic flow plan for the event. Roll call as follows: Voting Aye: Steinman, Schneider, Bassinger, Peitz, Abel. Voting Nay: None. Excused: Covrett, Bourque. Motion carried. The Bedford Township Board meeting of February 19, 2008 acted upon and waived the Board of Zoning Appeals (BZA) variance fee of $275.00. This fee waiver petition is so noted under meeting agenda # 7a. “Request for Waiver of Fees for Bedford Charity Cruise”. Per Bedford Township Ordinance the following is in effect regarding this “temporary use permit” variance appeal: Per Ordinance 400.2204, ARTICLE XXII, BOARD OF APPEALS, Jurisdiction: Sec. 2204. 1. The Zoning Board of Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this Ordinance nor to permit any use in a district in which it is not permitted, but does have power to act on those matters where this Ordinance provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance as defined in this Section and laws of the State of Michigan. Said powers include:(6) Permit an outdoor carnival, circus or other type of migratory amusement enterprise, or any type of outdoor assembly which reasonably may be expected to attract more than 500 persons, including but not limited to: music festivals, rock festivals, and the like, in an AG (Agricultural), C-3 (General Business), I-2 (Limited Industrial) or I-3 (General Industrial) District, provided that the fee holder of the premises to be used indicates his approval in writing, and that the use shall not continue for longer than a period of two weeks; provided that such approval shall not be required for such enterprises if the same have been regularly conducted in any zoning district by nonprofit civic groups prior to the adoption of this Ordinance or if the enterprise is conducted under the auspices of a governmental body. (7) Permit, upon proper application, the following character of temporary use, not otherwise permitted in any district, not to exceed 12 months with the granting of 12 month extensions being permissible: uses which do not require the erection of any capital improvement of a structural nature. The Board of Appeals, in granting permits for the above temporary uses, shall do so under the following conditions:(a) The act of granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property wherein the temporary use is permitted. (b) The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of said temporary permit. (c) All setbacks, land coverage, off-street parking, lighting and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the Township of Bedford shall be made at the discretion of the Board of Appeals.(d)In classifying uses as not requiring capital improvement, the Board of Appeals shall determine that they are either demountable structures related to the permitted use of land; recreation developments, such as, but not limited to: golf driving ranges and outdoor archery courts; or structures which do not require foundations, heating systems or sanitary connections.(e) The use shall be in harmony with the existing general character of the district. (f) No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as further provided for in this Ordinance. Further, the Board of Appeals shall seek the review and recommendation of the Planning Commission prior to the taking of any action. For the record, Marco’s Pizza, 7473 Secor Road, has cooperatively entered into an agreement to help the proposed Charity Cruise advertise on their temporary reader board sign. Mr. Hinkelman stated the Bedford Charity Cruise is again requesting the temporary use permit to continue the “annual” Bedford Charity Cruise for the seventh year. Mr. Hinkelman said that over the years, this event has generated over $10,000.00 for the Bedford Community and for miscellaneous charities. This activity has the charity theme goal but it also serves as a social event for many, while being very family oriented. Mr. Hinkelman noted than over the past 6 years, the Bedford Charity Cruise has not received a written complaint and never had anyone injured what so ever. The Bedford Charity Cruise steering committee has held the safety of all to be an important priority. Mr. Hinkelman requested the temporary use permit be for 3 years. Approval of the Kroger Company area and use is done locally by Mr. Don DeArmond (manager), staff, and Kroger Zone manager. Mr. Hinkelman reviewed the “traffic flow plan” and parking vehicle display spaces available (312), and modification to the collection of the entry fee with the BZA. The car show officially starts at 5:00 p.m. and ends at 9:00 p.m. (depending on weather and sunlight) however folks start coming in at 4:00 p.m. to save their favorite spot. Ms. Bialecki opened the BZA meeting to public commentary. Ms. Bialecki closed the public hearing while having no further public comment. Board of Zoning (BZA) discussion followed. The BZA thanked and complimented Mr. Hinkelman and all involved for their hard work and for making the Bedford Charity Cruise so successful. Discussion followed regarding the Bedford Township Planning Commission previous condition: 2) a letter of approval shall be obtained from The Kroger Company. Mr. Goldsmith advised the BZA that a letter of approval from the local manager (Doug DeArmond) is sufficient. Mr. Hinkelman gave much credit to Mr. Tom Pollicks, Mr. Doug DeArmond, the members of the charities, and a whole host of others (great people that have stepped up to help) for making this a positive community event. Mr. Goldsmith reminded the BZA that due to the recent “amendment” to the Zoning and Enabling Act, Mr. Abel will not be allowed to vote on this variance since he has previously voted on the Bedford Township Planning Commission April 9, 2008 motion. Ms. Bialecki explained the voting process and Mr. Hinkelman opted to continue with the variance process. Motion by Mr. Steiner to grant/approve the following variance petition/request: The Appeal of Kroger Company, 4111 Executive Pkwy, Westerville, OH 43081, Dale E. Hinkelman their authorized agent, requesting a temporary use permit, for a charity outdoor car show, under Section 400.2204.6 and Section 400.2204.7, in a C-2 (Shopping Center Business District), on land described as 58-02-030-132-31 and 58-02-030-132-04, The Kroger Company, 7455 Secor Road. The following are imposed conditions for variance approval. 1.) The Sheriff’s Department and the Bedford Fire Department shall be contacted as has been done in previous years for awareness and support. 2.) A local letter of approval from the store manager shall be obtained from The Kroger Company and submitted to Mr. Tucker. 3.) The Board of Zoning Appeals (BZA) reserves the right to revoke the temporary use permit due to public safety, public health issues, or other reasonable issues/concerns if necessary. 4.) The issues of trash containers, traffic flow, noise and traffic control, restroom facilities, emergency plans, and hours of operation are in place similar to those adhered to in the previous years. 5.) The variance would be in effect for three (3) years (2008, 2009, and 2010). 6.) The variance is contingent on The Kroger Company’s (local store manager) continued yearly written approval. 7.) The Bedford Township Planning Commission motion of April 9, 2008 meeting shall be followed in whole. Public Comment: None Board of Zoning Appeals/Township Representative Comments: The next regular BZA meeting is scheduled for Monday, June 2, 2008 with all materials to be submitted by Monday, May 12, 2008. ANY LOT SPLIT/DIVISION VARIANCE GRANTED MUST BE RECORDED WITH THE MONROE COUNTY REGISTER OF DEEDS WITHIN SIX (6) MONTHS OF THIS BOARD’S MEETING MINUTES APPROVAL. SECONDLY, ANY VARIANCE GRANTED ALLOWING THE ERECTION OF ANY STRUCTURE MUST BEGIN WITHIN SIX (6) MONTHS OF THIS BOARD’S MINUTES APPROVAL OR THE VARIANCES GRANTED WILL BECOME NULL OR VOID.
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Copyright © 2000-2005
The Township of Bedford, Monroe County, Michigan. All rights reserved.
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