April 15, 2002

7:35 PM MEETING CALLED TO ORDER

PRESENT: CARL FUEHRING, PETE WOOD, HELEN LEFLER, ANITA
FOSTER, AVERY WILSON, STEVE MARCINIAK, LEO
TERRYN

MINUTES FROM THE APRIL 30, 2002 MEETING ARE NOT AVAILABLE AT THIS TIME.

THERE ARE 3 LETTERS RECEIVED VIA E-MAIL THAT WILL BE READ AT THE MAY 28,2002 MEETING.

HELEN-" BEFORE WE START ANSWERING THE QUESTIONS THAT HAVE BEEN POSED TO US AND LOOKING INTO THE ZO AND THE MASTER PLAN,
I'D LIKE TO HAVE OUR ZA, JAKE WHELPLEY, ADDRESS A COUPLE OF CONCERNS THAT WERE READ INTO THE RECORD AT THE LAST MEETING.
ONE OF THE LETTERS SAYS, ' A SUBSTANTIAL PORTION OF THE PUD INVOLVES THE TRAILER CAMP KNOWN AS TIMBERLAKE RESORT. THERE IS EVEN A PROPOSED EXPANSION OF THIS RESORT, NOT WITHSTANDING THE FACT THAT THIS RESORT , UNDER THE TOWNSHIPS' 1990 ZO , EXPANDED
SUBSTANTIALLY WITHOUT APPLYING FOR A SU PERMIT, WHICH WAS REQUIRED WHEN THE EXPANSIONS TOOK PLACE. LOT SIZES FOR THE PARTS OF THE TRAILER CAMP THAT WERE EXPANDED INTO WITHOUT THE OBTAINING OF SU PERMITS, SHOULD BE ORDERED VACATED OR AT THE VERY LEAST SHOULD BE BROUGHT UP TO THE ZONING REQUIREMENTS.'
ANOTHER LETTER SAID,' IS THE PRESENT USE IN COMPLIANCE WITH THE PRESENT ZONING? WAS RE-ZONING REQUESTED WHEN ADDITIONAL TRAILER SITES WERE ADDED IN ABOUT MARCH OF 1994?' BEFORE JAKE ANSWERS THAT QUESTION LET ME MAKE IT CLEAR TO YOU THAT THE
CURRENT DEVELOPERS HAVE RECENTLY PURCHASED THE PROPERTY AND THE SINS OF THE PAST ARE NOT THEIRS, IN FACT WE PROBABLY WOULDN'T OF KNOW ABOUT THEM IF THEY HADN'T COME IN THROUGH REGULAR PROPER CHANNELS TO ASK FOR PERMISSION TO DO WHAT THEY WANT TO DO. WITH THAT PREFACE, JAKE I WOULD ASK YOU TO GIVE US THE HISTORY OF HOW THIS GOT THE WAY IT DID AND WHAT OUR POSTURE IS ABOUT THAT.'
JAKE- ' TIMBERLAKE RESORT IS A NON-CONFORMING USE, BECAUSE IT WAS IN EXISTENCE BEFORE THE ZO WAS PASSED. IT USED TO BE KNOW AS EVERGREEN ACRES, IT'S BEEN THERE ARE LONG AS I CAN REMEMBER AND I'VE BEEN HERE A LONG TIME. THE FACT THAT IT WAS EXPANDED WAS UNKNOWN TO MYSELF, IF I HAD KNOWN ABOUT IT I WOULD OF TAKEN SOME ACTION, BUT I NEVER KNEW IT HAD EXPANDED BECAUSE I NEVER
BEEN NEAR THE PROPERTY, I WAS NEVER ON IT. THE DAY I WENT WITH STEVE BRUCE TO LOOK AT SOME STUFF, I HAD NEVER BEEN ON THAT PROPERTY, I'VE HUNTED ALL AROUND IT, BUT NEVER BEEN ON IT. SO, I HAD NO KNOWLEDGE AND I DON'T KNOW AS THOUGH ANYONE IN THE TOWNSHIP BOARD KNEW THAT IT HAD BEEN EXPANDED. AND I DON'T THINK ANYONE ON THE PC KNEW IT HAD BEEN EXPANDED. SO THE FACT
THAT THERE WAS ILLEGAL EXPANSION OUT THERE IS SOMETHING THAT I BELIEVE IS BEYOND OUR CONTROL, BUT THE CAMPGROUND ITSELF IS A LEGAL NON-CONFORMING USE, WHICH IS KIND OF A NEBULOUS TERM, BUT IT'S BETTER THAN SAYING GRANDFATHERED, THE LAWYERS "
HELEN-"WHAT WAS THERE WHEN THE ZO WAS ENACTED IS A LEGAL NON-CONFORMING USE AND AN EXPANSION SINCE THEN IS AN ILLEGAL NON-CONFORMING USE."
JAKE-"IT'S AN ILLEGAL NON-CONFORMING USE, RIGHT. LIKE I SAID THE OWNER IS NOW GONE, I COULD GO WRITE MR. WHEELER A TICKET, BUT IT WOULDN'T DO ANY GOOD.'
HELEN-"HAD HE APPLIED FOR A SU PERMITS, HE DID GET DEQ APPROVAL,
FOR THE ADDITIONAL CAMPSITES. HAD HE BROUGHT US THAT APPROVAL AND APPLIED FOR SU PERMITS, HOW WOULD WE HAVE HANDLED THAT?"
JAKE- " PRIOR TO THE 1997 AMENDMENTS TO OUR ORDINANCE WHEN WE
CAME UP WITH THE PUD REQUIREMENTS AND THE PUD ZONING STUFF, AND CAME UP WITH THE R/C ZONES, IT WOULD OF BEEN BEFORE THAT CAMPGROUND A PERMITTED SU IN THE R/R ZONE AND HE WOULD OF GONE THROUGH THE SU PROCESS AND WOULD OF MORE THAN LIKELY BEEN APPROVED, BUT IN 1997, WHEN WE AMENDED THE ORDINANCE, WE MADE SOME CHANGES TO THAT AND PUT THOSE IN THE PUD SITUATION, RATHER THAN A SU SITUATION."
HELEN-" DOES ANYBODY HAVE ANY QUESTIONS OF JAKE ON THAT ISSUE?"
PETE- " PUD WOULD COVER THE CAMPGROUND STORE AND THINGS LIKE THAT?"
JAKE-" AT THIS TIME, NO. PRIOR TO 1997, WHEN WE AMENDED THE ORDINANCE, THEN IT WOULD OF BEEN UNDER SU."
PETE-" WHAT DID YOU SAY ABOUT THE SIZE OF THE LOTS, THAT ARE UP FOR SALE? THE 200 LOTS, OR WHAT EVER IT IS?"
JAKE-" SQUARE FOOTAGE WISE THEY MEET WHAT THE ORDINANCE REQUIRES. AS FAR AS THE LOT SIZES IN THE CAMPGROUND ITSELF, OUR
PAST PRACTICE, WE DON'T HAVE ANY REGULATIONS IN THE ZO ABOUT
WHAT SIZE LOTS IN A CAMPGROUND HAVE TO BE. WHAT WE HAVE DONE IN PREVIOUS INSTANCES DEALING WITH CAMPGROUNDS , THE DEQ, OR I GUESS THE DNR REGULATES CAMPGROUNDS, THEY HAVE SPECIFIC MINIMUM SIZES OF LOTS IN CAMPGROUNDS AND WE HAVE ALWAYS WORKED OFF WHATEVER THAT SIZE IS. WHENEVER THEY ARE APPROVED, THEY HAVE TO BE APPROVED BY THE DEQ, OR DNR, AND OUR APPROVAL IS BASED ON THE DNR APPROVAL OF THE CAMPGROUNDS."
PETE-" DO YOU HAVE TO HAVE SO MANY FULL HOOK-UPS OR DOESN'T IT MATTER?"
JAKE-" NO, THEY CAN BE ALL PRIMITIVE, ALL MODERN , OR A COMBINATION OF PRIMITIVE AND MODERN, WHATEVER THE CAMPGROUND OWNER WANTS."
HELEN-" OUR ZONING ORDINANCE IS SILENT ON CAMPGROUND REQUIREMENTS."
JAKE-"YES."
HELEN-" AND HISTORICALLY WITH OTHER CAMPGROUNDS, IN BOTH A/R AND R/R WE HAVE JUST EXCEPTED WHAT THE DEQ REQUIREMENTS ARE AND APPROVED SU PERMITS. IT IS NOT UNLIKELY THAT WOULD HAVE BEEN DONE HAD THE PREVIOUS OWNER COME TO US."
PETE-" I RODE OVER THE PROPERTY WITH DAN HALLACK THIS AFTER- NOON AND IT'S A BEAUTIFUL PIECE OF PROPERTY. ONE THING THAT BOTHERED ME WAS THE GRAVEL ROADS ALL OVER THE PLACE, IT WAS QUITE ROUGH, I WOULD SAY PAVING IT WOULD IMPROVE IT. FIR THE CAMPGROUND IT WOULD BE A GREAT IMPROVEMENT. I WANTED TO ASK ABOUT IT."
HELEN-" THE CAMPGROUND CONSTRUCTION PERMIT THAT THE DEQ ISSUED TO THE PREVIOUS OWNERS ALLOWING AN INCREASE IN THE
NUMBER OF SITES THAT MR. BRUCE IS NOW ASKING TO BE APPROVED BY
US, THANKS FOR CONSULTING US, IS INCOMPLETE AS WE HAVE IT, THERE ARE SOME CONDITIONS IN A LETTER OF TRANSMITTAL AND THERE ARE APPROVED PLANS AND SPECIFICATIONS, MR. BRUCE IS GOING TO TRY AND GET THOSE, SO THAT HE AND WE ALL KNOW EXACTLY WHAT IT WAS THE DEQ APPROVED. I THANK YOU FOR YOUR EFFORTS IN GETTING THOSE TO US."
ANITA-" IS THIS DEQ PERMIT EVEN VALID, WHERE THEY NEVER CAME TO US FOR ANY APPROVAL OR ANY CONSIDERATION AT ALL?"
HELEN-" THE PERMIT IS VALID, BUT THE PERMIT WAS ISSUED TO THE PREVIOUS OWNER AND HE DID NOT OBSERVE THE CONDITIONS OF THIS
PERMIT, WHICH SAYS THAT HE WAS TO GET PERMITS FROM US."
ANITA-"RIGHT, SO WOULD THAT MAKE THIS INVALID THEN? LIKE WE HAVE PASSED SOME THINGS WITH STIPULATIONS AND IF THEY DON'T ADHERE TO THOSE STIPULATIONS, THEN IT IS NO GOOD.."
JAKE-" THEY ARE NOT CONCERNED ABOUT WHETHER OR NOT YOU HAVE LOCAL APPROVAL BECAUSE DOWN AT THE BOTTOM OF HERE IT SAYS THAT YOU ARE STILL RESPONSIBLE TO GET LOCAL APPROVALS THAT ARE REQUIRED. DOWN TOWARD THE BOTTOM AT THAT BOX IT SAYS,' CONSTRUCTION PERMIT NO WAY RELIEVES THE CAMPGROUND OWNER
RESPONSIBILITY OF SECURING ANY OTHER PERMITS REQUIRED BY STATE
LAW AND LOCAL ORDINANCES.' BECAUSE THEY DIDN'T DO THAT, DOES NOT INVALIDATE THIS PERMIT. THAT'S THE PROBLEM, THEY DON'T EVER NOTIFY US WHEN SOMEBODY APPLIES FOR ONE OF THESE OR WHEN THEY
ARE ISSUED. ONCE A YEAR THEY SEND ED, HE JUST READ THEM AT THE TOWNBOARD MEETING LAST NIGHT, THEY SEND A LIST OF CAMPGROUNDS
AND THE NUMBER OF CAMPSITES THEY HAVE IN PLACE. I NEVER KNEW THE NUMBER OF CAMPSITES THAT TIMBERLAKE HAD, AND I DON'T THINK ANYBODY ELSE DID, OR WE WOULD HAVE PICKED UP ON IT RIGHT THERE."
HELEN-"EXCLUDING THE STATE CAMPGROUNDS AT SILVER LAKE, GOLDEN
TOWNSHIP HAS OVER 1200 CAMPSITES, APPROVED CAMPSITES. AND I DON'T KNOW HOW MANY ARE IN THE STATE CAMPGROUND, BUT THAT IS THE STATISTIC."
PETE-" 300"
HELEN-" ARE THERE? THE THAT WOULD BE ALMOST 1500 IN GOLDEN TOWNSHIP. IN ANY CASE, WE WILL GET THE APPROVED PLANS AND SPECS
SO THAT WE AND STEVE CAN PROCEED AS IT WAS INTENDED TO BE FOR THE PERMITS. I THINK THAT PRETTY WELL CLEARS UP THE PAST. AS TO THE FUTURE, AND THE COMMENTS THAT WERE MADE IN LETTERS TO US, I THOUGHT THAT IT MIGHT BE ORDERLY TO ADDRESS THEM IN CATAGOR-IES. TAKE ONE SUBJECT AT A TIME AND SEE WHAT THE DIFFERENT PEOPLE HAD TO SAY ABOUT IT, LOOK AT OUR ZO AND DISCUSS IT AMONG OURSELVES. WE WON'T BE COMING TO CONCLUSIONS TONIGHT, BUT WE WILL BE GIVING OURSELVES BACKGROUND MATERIAL, SO THAT AT OUR NEXT MEETING, WHEN WE WANT TO VOTE ON SOMETHING WE CAN DO THAT. I MIGHT SAY THAT THE PC IS HERE NOT ONLY TO ADDRESS CON-
CERNS OF THE PETITIONER OR THE PUBLIC THAT SHOWED UP OR THE NEIGHBORS, BUT THE ENTIRE TOWNSHIP AND IT IS OUR RESPONSIBILITY TO REPRESENT THE ENTIRE TOWNSHIP AND IT'S BEST INTERESTS. SO THAT'S WHERE WE ARE COMING FROM. ONE OF THE SUBJECTS THAT SEEMS TO BE ISOLATABLE PRETTY READILY IS THE STORE. THE CAMP STORE, THAT'S A COMMERCIAL USE. A COMMERCIAL USE IS A NON-CONFORMING USE IN THE R/R ZONING DISTRICT, THAT WAS BROUGHT TO OUR ATTENTION BY AN ATTORNEY NAMED MR. BEHM, I READ HIS LETTER LAST WEEK MR. DAVID ROSEMAN ALSO SAID 'THE PLANS FOR A CAMPSTORE BE LOCATED WITH A LARGE PARKING LOT ON RIDGE RD. WOULD SEEM TO SERVE THE GENERAL PUBLIC OR ELSE IT COULD BE LOCATED OFF THE ROAD. THIS WOULD SEEM TO BE A COMMERCIAL USE. IS THIS ALLOWED UNDER THE ZONING R/R? IF SO, WHAT DISTINGUISHES THIS ZONING FROM THE R/C?' AT THE LAST MEETING, JAKE GAVE US A HISTORY OF HOW THE R/R GOT BROKEN INTO TWO PIECES AND BECAME R/C AND R/R, SO THAT THE COMMERCIAL ACTIVITIES COULD BE SEPARATED FROM THE STRICTLY R/R AREAS. MR. PRINCE IN HIS LETTER, ON THAT SUBJECT, SAID" AL-THOUGH IT IS NOT CLEAR FROM THE PUD AS SUBMITTED, IT WOULD APPEAR THAT IT IS THE INTENTION OF THE DEVELOPER TO CONSTRUCT AND OPERATE A RETAIL STORE FRONTING ON RIDGE ROAD. THIS IS NOT A PERMITTED USE WITHIN THE R/R AREA OF THE TOWNSHIP. IT IS NOT EVEN A PERMITTED SU IN THE R/R AREA. THE MASTER PLANS STATES THIS LAND AREA RECOGNIZES THE NEED TO PROVIDE FOR SEASONAL AND YEAR ROUND RESIDENTIAL DEVELOPMENT, BUT WILL NOT BE SUBJECT TO ENCROACHMENT BY INCOMPATIBLE BUSINESS AND COMMERCIAL LAND USES. THE MASTER PLAN GOES ON TO STATE THAT THE R/R AREAS ARE ESTABLISHED TO PROVIDE AREAS FOR HOME NEIGHBORHOODS FREE FROM ENCROACHMENT FROM NON-RESIDENTIAL USES.' MR. REYNOLDS IN HIS LETTER ALSO OBJECTED TO A CONVENIENCE STORE AND THE EXPANSION IN THE DEVELOPED AREAS WHICH HE FELT WOULD INCREASE THE INCOMPATIBILITY OF THIS BUSINESS WITH OUR RESIDENTIAL NEEDS AND CHANGE THAT CHARACTER OF OUR NEIGHBORHOOD.' THE LETTERS THAT WE JUST GOT OFF THE COMPUTER, MR. AND MRS. LOCKWOOD, SAY 'WE UNDER-STAND THAT A STORE OR ADDITION TO THE CURRENT STRUCTURE IS BEING PLANNED FOR DIRECTLY ON OR CLOSE TO RIDGE ROAD. WE ARE CONCERNED WITH HOW THIS WILL AFFECT THE NATURAL ASPECTS OF THE AREA. WILL THIS BUSINESS, CONVIENCE STORE, BE OPEN TO THE PUBLIC ? WE ARE HOPING THAT IT WOULD NOT BE.' MR. AND MRS. PHELPS IN THEIR LETTER SAID.' EVEN MORE ALARMING WAS THE PLAN TO BUILD A RETAIL STORE ON THE EAST SIDE OF RIDGE ROAD, THIS WOULD BE IN THE NEIGHBORHOOD OF OUR HOME.' MR. ROSEMAN ALSO SAID,' WOULD A CAMPSTORE BE ALLOWED UNDER R/R ZONING, IF SO, WHAT'S THE DIFFERENCE BETWEEN R/R AND R/C?' MR. VERNON AT THE MEETING SAID THAT HE WAS CONCERNED ABOUT THE STORE ALSO. THE MASTER PLAN DOES SAY BUSINESS AND COMMERCIAL DEVELOPMENT OUTSIDE THE VILLAGE OF MEARS, SILVER LAKE BUSINESS DISTRICT AND POLK ROAD CORRIDOR AND OTHER AREAS DEVELOPED FOR BUSINESS USES SHOULD NOT BE ENCOURAGED. SO WE CAN DISCUSS THE STORE. JAKE, WOULD YOU CONSIDER THAT STORE A NON-CONFORMING USE?"
JAKE-" AS IT CURRENTLY ZONED, YES."
HELEN-"IT WAS IN EXISTENCE, I NEVER SAW ANYTHING AROUND; ANY STOCK ON THE SHELVES. IT'S A LITTLE TEENIE BUILDING, BUT THEY DID HAVE VENDING MACHINES OUTSIDE. BUT I DIDN'T EVER SEE CANDY BARS OT GUM INSIDE."
JAKE-" AS I HAVE GONE TO SEMINARS AND STUDIED AND TRIED TO LEARN ZONING STUFF, ANYTHING THAT IS IN EXISTENCE AT THE TIME THE ORDINANCE IS ENFORCED OR ANYTHING THAT REQUIRES SU PERMITS, OR
SPECIAL VARIANCES THAT WAS IN EXISTENCE AT THE TIME THE ORDINANCE WAS ENFORCED IS CONSIDERED NON-CONFORMING. IN ORDER TO BRING SOMETHING THAT COULD BE CONFORMING, THIS SOUNDS CONFUSING, THAT COULD BE CONFORMING IN, YOU NEED TO GO THROUGH THE PROCESS THAT'S REQUIRED. THAT'S SAYING, IF A CONVENIENCE STORE
IN THE R/R ZONE AT THE TIME THE ZO WAS PUT INTO FORCE WAS PERMITTED BY SU, THAT ONE WAS THERE, BUT UNTIL A SU PERMIT IS ISSUED FOR THAT, IT IS NON-CONFORMING. ONCE IT GOES THROUGH THE SU PROCESS, AND MEETS ALL THE REQUIREMENTS OF THE ZO FOR SU, THEN IT CAN BECOME CONFORMING, SO BECAUSE THAT NEVER HAPPENED TO ANYTHING AT TIMBERLAKE RESORT, IT ALWAYS HAS BEEN NON-CONFORMING. SO THEN OF COURSE WHEN WE CHANGED THE ORDINANCE
IN 1997, WE CHANGED IT TO R/R ZONE, WHICH MADE THIS NON-CONFORMING MORE SO. BECAUSE IT IS NOT ALLOWED, WHERE PREVIOUSLY IT HAD BEEN WITH A SU."
CARL- "HELEN, QUESTION, IS THIS GOING TO BE STORE? YOU ARE NODDING YES. THEN I'LL ASK THE QUESTION, IS THIS GOING TO BE STORE OR IS THIS GOING TO BE AN OFFICE? WHAT'S THERE NOW IS A LITTLE 10'X12'
SHACK THAT ACTS AS A GATE HOUSE, I GUESS. THAT I WOULDN'T QUALIFY AS A STORE, THEN I GUESS THAT'S THE QUESTION THAT WE ASK- WHAT
IS GOING TO TRANSPIRE IN THIS IS IT GOING TO BE FOR REGISTRATION, FOR CAMPERS PER SAY TO SIGN IN AND SIGN OUT OR IS IT ACTUALLY GOING TO BE A RETAIL?"
HELEN-"I DON'T KNOW THE ANSWER, SO I'M GOING TO ASK YOU.(STEVE BRUCE)."
STEVE-"IT IS ABSOLUTELY, ABSOLUTELY MY INTENTION UNDER THE PUD APPLICATION THAT WE PUT FORWARD THAT WE WOULD PUT BOTH A REGISTRATION OFFICE AND A CAMP STORE WHERE INDICATED. I DON'T FEEL THAT'S AT ALL INCOMPATIBLE TO WHAT GOES ON IN FULLER'S CAMPGROUND, CIHAK'S CAMPGROUND, OR EVERY OTHER CAMPGROUND THAT'S ALL THROUGH GOLDEN TOWNSHIP. I'M NOT INTENDING TO RUN A GAS STATION, I'M NOT INTENDING TO DO MAJOR THINGS ALONG THOSE LINES, BUT AS, ONE OF THE COMMENTS MADE WAS AS EVEN THE LITTLE CUBICAL THAT WE ARE WORKING OUT OF NOW THAT HAS, THEY'VE ALWAYS ALLEDGED TO BE A CAMPING STORE DURING THE SEASON OUT OF THAT, BUT THE INTENTION IS TO HAVE CONVENIENCE TO CAMPER TYPE
ITEMS, BREAD AND MILK. IT IS MY INTENTIONS THAT IF THE NEIGHBORS
WANT TO STOP IN THERE TO BUY BREAD AND MILK THEY'D BE WELCOME
JUST LIKE THEY'D BE WELCOME IN FULLER'S CAMPGROUND OR CIHAK'S
CAMPGROUND, THEY WOULD DO THE SAME THING. THAT'S HOW I'M PUTTING FORTH THE APPLICATION. I FEEL THAT IS VERY LEGITIMATE WITHIN A PUD APPLICATION IN THE R/R ZONE."
JAKE-" MAY I MAKE A COUPLE OF COMMENTS ABOUT PUD? THE WAY OUR ORDINANCE IS WRITTEN, WHEN WE DO A PUD, THE PUD IS A REZONING
SO IF THE PROPERTY IS NO LONGER IN THE ZONING DISTRICT IT WAS IN
BEFORE, IT BECOMES A ZONING DISTRICT IN ITSELF AND BECAUSE IT IS SET UP THAT WAY, THE PC HAS THE OPTION TO ALTER CERTAIN REQUIREMENTS THAT WOULD BE REQUIRED IF IT WAS IN THE UNDERLIN-
ING ZONING DISTRICT AND IF YOU LOOK UNDER THE FIRST PAGE, PAGE 31,
OF THE ZO, UNDER PURPOSES OF PUD. THERE'S A LIST OF 15 ITEMS THERE
THAT ADDRESS WHAT PUD IS FOR. AND I THINK THAT AS YOU THINK ABOUT THESE APPLICATIONS THERE'S A LOT TO BE MADE ABOUT THE FACT THAT IT IS R/R AND THERE'S THINGS THAT YOU CAN'T DO NOW THAT YOU COULD DO BEFORE. A LOT OF NON-CONFORMING STUFF, BUT BECAUSE THE DEVELOPER HAS ASKED FOR PUD THAT GIVES YOU LATITUDE TO MAKE THAT DISTRICT TAYLOR TO WHAT THE DEVELOPMENT IS AS WELL AS WHAT THE NEIGHBORS ALREADY HAVE AND 3 OF THEM IN PARTICULAR, ONE OF THEM SAYS TO ASSURE THAT LAND IS SUITABLE FOR THE CREATION OF BUILDING SITES AND TO ALLOW INNOVATION AND FLEXIBILITY IN THE DESIGN OF RESIDENTIAL AND MIXED-USE DEVELOPMENTS. AND AT VAL-DU LAKES THAT'S WHAT WE HAD, WE HAD A MIXED-USE DEVELOPMENT. THERE WASN'T ANY RESIDENTIAL DEVELOPMENT IN THAT PARTICULAR DEVELOPMENT, BUT WE HAD THE MUSIC, THE BAR AND THE RESTAURANT, THE CAMPGROUNDS AND THE OTHER STUFF THAT WAS SUPPOSEDLY GOING TO HAPPEN AND THAT'S WHERE PUD COMES INTO PLAY, IS ON MIX-USE DEVELOPMENTS. WHERE YOU CAN HAVE SEVERAL DIFFERENT THINGS THAT ARE GOING TO HAPPEN ON ONE TRACT OF LAND. ANOTHER ONE, NUMBER 13, IS TO PROMOTE THE ENHANCEMENT OF HOUSING, EMPLOYMENT, SHOPPING, TRAFFIC CIRCULATION, AND RECREATIONAL OPPORTUNITIES FOR THE PEOPLE OF THE TOWNSHIP. IT IS IN THE RECREATIONAL AREA BECAUSE THERE WAS A STORE PROPOSED, IT FITS INTO THAT A LITTLE BIT, SO IT IS A MIXED-USE DEVELOPMENT AND THERE ARE GOING TO BE THINGS THERE THAT WOULDN'T NECESSARILY BE ALLOWED. THE LAST ONE THAT I WANTED YOU TO LOOK AT , THAT I THINK RELATES TO THIS IS THE NEXT ONE, NUMBER 14, TO PROMOTE AND ENSURE GREATER COMPATIBILITY OF DESIGN AND USE BETWEEN NEIGHBORING PROPERTIES. THIS IS WHERE YOU HAVE TO MAKE THE DECISION WHETHER THAT PUD IS COMPATIBLE WITH THE NEIGHBORHOOD. IS PUTTING A STORE IN THERE GOING TO BE OPPOSED TO THE NEIGHBORHOOD OR IS IT GOING TO BENEFIT THE NEIGHBORHOOD? THAT'S THE DECISION THAT HAS TO BE LOOKED AT AND DECIDED. SO, I JUST WANT YOU TO THINK ABOUT THE FACT THAT PUD'S ARE PERMITTED USE DEVELOPMENTS AND YOU HAVE TO RELATE THAT DEVELOPMENT TO THE NEIGHBORHOOD AND TO THE TOWNSHIP AS A WHOLE, AS HELEN SAID EARLIER, SO THAT THE DEVELOPMENT ENHANCES EVERYTHING AND IT DOESN'T , HOPEFULLY DETRACT FROM ANYTHING."
HELEN-"READING ON, JAKE, IN THAT SAME CHAPTER, PUD ZONING DISTRICT PARAGRAPH 11.5 SAYS 'USES PERMITTED- ALL PERMITTED AND SPECIAL USES ALLOWED IN AN UNDERLYING ZONING DISTRICT MAY BE ESTABLISHED IN A PUD. ADDITIONAL USES NOT SPECIFICALLY PERMITTED IN AN UNDERLYING ZONING DISTRICT MAY BE AUTHORIZED BY THE PC IF IT IS DEMONSTRATED SUCH USES WILL HAVE A CLEARLY BENEFICIAL, COMPLIMENTARY, AND FUNCTIONAL RELATIONSHIP TO OTHER USES IN THE PUD. THE ESTABLISHMENT OF INCOMPATIBLE BUSINESS OR INDUSTRIAL USES IN ZONING DISTRICTS IN WHICH SUCH USES ARE NOT PERMITTED SHALL NOT BE PERMITTED UNDER ANY CIRCUMSTANCES.' AND WHEN WE GO BACK TO R/R THE PERMITTED USES (7.I) ARE 'DETACHED SINGLE FAMILY DWELLINGS, RESIDENTIAL ACCESSORY BUILDINGS AND
STRUCTURES AND FAMILY DAY-CARE HOMES.' USES REQUIRING APPROVAL AS PUD'S (7.2) DETACHED SINGLE & TWO FAMILY SITE CONDOMINIUM SUBDIVISIONS, DETACHED SINGLE & TWO FAMILY PLATTED SUB-DIVISIONS, MULTI-FAMILY DWELLINGS AND RESORTS.' SPECIAL USES
(7.3) ARE' PUBLICLY OWNED BUILDINGS AND BUILDINGS NECESSARY TO THE PROVISIONS OF ESSENTIAL SERVICES WITHOUT SERVICE OR STORAGE AREAS, COMMUNITY CLUBS & FRATERNAL ORGANIZATIONS, PUBLIC AND PRIVATE PARKS, HOME OCCUPATIONS SUBJECT TO THE PROVISIONS OF GENERAL PROVISIONS SECTION 4.25. OTHER USES WHICH ARE DETERMINED BY THE PC TO BE SIMILAR TO THE ABOVE PERMITTED USES AND SU.' SUCH DETERMINATIONS AS SO ON. SO NO WHERE IN THE UNDERLYING PERMITTED USES IS ANYTHING THAT I THINK DESCRIBES
A RETAIL STORE. I THINK THE OFFICE ASPECT, GATE HOUSE AND OFFICE ASPECT WOULD COME UNDER BUILDINGS OF ESSENTIAL SERVICES WITH-
OUT SERVICE OR STORAGE AREAS. YOU'VE GOT TO REGISTER THE PEOPLE AS THEY COME AND SO FORTH. AND IT SEEMS TO ME THAT WOULD BE COVERED AS PART OF AN UNDERLYING SU, BUT I DON'T SEE ANY COMMERCIAL OR RETAIL ESTABLISHMENT SPELLED OUT WHICH WOULD OVERRIDE THE STATEMENT UNDER THE PUD THAT THE ESTABLISHMENT OF ANY COMPATIBLE BUSINESS OR INDUSTRIAL USE IN ZONING DISTRICTS
WHICH SUCH USES ARE NOT PERMITTED. SHALL NOT BE PERMITTED UNDER ANY CIRCUMSTANCES. SO CARL, YOU'VE DISTINGUISHED BETWEEN THE TWO FUNCTIONS IN THE BUILDINGS. IT SEEMS TO ME THAT THE FUNCTION OF BEING AN OFFICE AND GATE HOUSE APPLIES. BUT I DON'T FIND IT IN HERE THAT THE RETAIL STORE WOULD APPLY."
CARL- "SECOND DEALING ISSUE WITH THAT, WHICH THEY DID IT ONCE, IS
THEY MOVED IT IN THE LOCATION. I'VE BEEN THERE AND IT'S EASY FOR SOMEONE TO JUST POINT YOUR FINGER AND SAY THAT'S HOW IT SHOULD BE. TO GO OUT THERE AND PHYSICALLY LOOK WITH RANDY AND COME UP WITH A GOOD LOCATION FOR IT. I WOULD THINK THAT THE FARTHER AWAY FROM THE ENTRANCE YOU GOT, AND I DID SEE THE LOCATION THAT YOU PLAN ON IT, IT IS BEING HIDDEN, I'M WONDERING IF THAT WOULD HELP EASE THE CONCERN OF THE NEIGHBORHOOD. IF IT IS OUT OF SITE, IT IS OUT OF MIND. EVEN MOVING IT IN FARTHER. IT IS BEAUTIFUL, ABSOLUTELY GORGEOUS, THE WHOLE THING IS BREATH TAKING. I UNDER-
STAND WHAT THEY ARE TRYING TO DO, I HAVE NO KNOWLEDGE OF THE OTHER CAMPGROUNDS AND WHAT THEY OFFER. BUT BEING HOW YOU HAVE GOT A FEW ESSENTIALS OF WHAT PEOPLE WOULD NEED, I WOULD THINK THAT WOULD BE NORMAL, BUT THEN WHAT YOU WOULD CALL NORMAL; EGGS, BACON, CHEESE, HAMBURGER, BUNS, BEER, WINE,. WHAT MY NEEDS ARE SURELY AREN'T WHAT PETE'S NEEDS ARE, SO THAT GETS INTO A FINE LINE. I HAVE PRINTS THAT WERE JUST DELIVERED A FEW DAYS AGO, AND I'VE BEEN ON SITE, I GUESS THE ONLY SUGGESTION ON THAT GATE HOUSE IS THAT IT WOULD EVEN BE MOVED IN FARTHER. BUT
I GUESS THAT POINT WOULD HAVE TO BE PURSUED AND FIND OUT TO
MAKE SURE WE ARE FULLY COVERED ON OUR JUSTIFICATION OF SAYING WHAT WE WANT."
HELEN-" THE OTHER CAMPGROUNDS THAT ARE IN GOLDEN TOWNSHIP ARE IN "
CARL-" EXCUSE ME, I WAS JUST TRYING TO FIND OUT WHO IT WAS THAT HAS THE FINAL SAY ON THE INTERPRETATION. IS IT ED, OR WHOSE THE ONE
IN GRAND HAVEN?"
HELEN-" JAKE DO YOU CONSIDER THE FUNCTION OF THAT GATE HOUSE TO BE NON-CONFORMING?"
JAKE-"IT WOULD BE, BECAUSE IT IS PART OF THE CAMPGROUND AND THE CAMPGROUND IS NON-CONFORMING."
HELEN-"THEN WE ARE GOING TO HAVE TO, IF WE TAKE THAT BUILDING AND PUT IT INTO TWO FUNCTIONS AND ADDRESS THEM SEPARATELY, EVEN IF WE DO THAT, AND THE GATE HOUSE PART IS NON-CONFORMING,
OUR ZO SAYS A NON-CONFORMING USE, THE BUILDING- THE STRUCTURE IS NOT NON-CONFORMING, JUST THE USE. THE USE OR THE USE OF THE LAND
AND BUILDINGS WHICH LAWFULLY EXIST BEFORE THE EFFECTIVE DATE OF
THIS ORDINANCE DOES NOT CONFORM TO THE USE REGULATIONS OF THE ZONING DISTRICT IN WHICH SUCH LAND IS LOCATED. THE PHYSICAL ALTERATION OR EXPANSION OF A EXISTING STRUCTURE OR THE CONSTRUCTION OR PLACEMENT OF A NEW STRUCTURE IS NOT PERMITTED. IF SUCH ALTERATION, CONSTRUCTION OR PLACEMENT
RESULTS IN EITHER OF THE FOLLOWING: A)AN INCREASE IN THE TOTAL AMOUNT OF BUILDING OR LAND AREA OCCUPIED BY OR DEVOTED TO
A NON-CONFORMING USE. AND THEN IT GOES ON, BUT I DON'T THINK WE NEED TO GO BEYOND THAT. WE DIDN'T HAVE YOU IN MIND WHEN WE WROTE THE ZO."
CARL-"CAN I MAKE A COMMENT? THIS BUILDING THAT WE ARE DISCUSSING IS EXCLUSIVE OF THE CAMPGROUND. IT HAS NOTHING TO DO WITH THE SECOND PHASE-CONDOMINIUMS. SO THERE'S NO OFFICE IN HERE WHERE YOU HAVE LEGAL DOCUMENTS OR LAND CONTRACTS OR SUCH FOR RETAIL SALE."
STEVE-" ABSOLUTELY, WE ARE GOING TO HAVE AN OFFICE IN THERE. THAT'S WHAT WE REALLY NEED. MY WIFE IS WORKING OUT OF AN OFFICE IN OUR HOME, BECAUSE THERE ISN'T ENOUGH OFFICE SPACE IN THERE TO DO ANYTHING. WE ABSOLUTELY NEED OFFICE SPACE."
CARL-" BUT IS IT GOING TO BE USED FOR CAMPGROUND, WHICH IS ONE OPERATION."
STEVE-"IT'S ALL OWNED BY ONE ENTITY RIGHT NOW, CARL. I'M NOT GOING TO STAND HERE AND SAY IT'S GOING TO BE TOTALLY SEGREGATED IN USE, BECAUSE IT IS ALL ONE ENTITY, SO I , YOU KNOW HOW THAT GOES, IF YOU ARE DOING BUSINESS, YOU ARE DOING BUSINESS. I THINK THAT I WOULD BE STRETCHING IT TO SAY THAT IT WOULD BE ABSOLUTELY SEGREGATE THE BUSINESS."
CARL-"I WAS JUST WONDERING, BUT YOU ANSWERED MY QUESTION, IF IT WAS GOING TO BE EXCLUSIVE TO ONE OR THE OTHER."
HELEN-" ANY COMMENTS OR SUGGESTIONS FROM THIS END OF THE TABLE?"
LEO-" THE QUESTIONS I'VE SEEN SO FAR, THAT RELATE TO THE STORE, UN-
LESS I'M MISUNDERSTANDING WHAT YOU ARE READING THERE. IT'S THE DEAL WHERE EVEN IF THEY MOVE IT IN, IT'S STILL, THEY CAN'T MOVE IT OR AM I MISUNDERSTANDING IT?"
HELEN-" PAGE 67 UNDER NON-CONFORMING USES, YOU CAN'T AND OUR
ZO IS NOT WEIRD IN THAT RESPECT, IT'S SORT OF A GENERAL RULE OF NON-CONFORMING USES IN BUILDINGS AND LOTS THAT , MOST ORDINANCES DO NOT ALLOW A NON-CONFORMING USE TO INCREASE IT'S AREA OF NON-CONFORMITY.
ANITA-" MAY I MAKE A COMMENT? PETE AND I HAVE BEEN HERE SINCE DAY ONE, RIGHT PETE. WE HAD TO ALLOW FOR THINGS THAT WERE ALREADY THERE, THAT DID NOT MEET SPECIFICATIONS OF WHAT WE WERE INTENDING TO DO WITH THE ZO. I WAS ALWAYS WITH THE UNDERSTANDING THAT THE ULTIMATE GOAL WAS IF ANY CHANGE WAS TO BE MADE, IT WOULD NO LONGER BE NON-CONFORMING. SO, IN MY
OPINION IF THEY ARE GOING TAKE THIS LITTLE, I CALL IT A HUT, AND MAKE IT INTO A SIZEABLE STORE, IT IS NOT THE SAME ENTITY ANY MORE.
IT'S A WHOLE NEW ISSUE AND IN MY MIND THE NON-CONFORMING
SHOULDN'T EVEN BE THERE, THAT'S HOW I READ IT. YOU ARE NEVER GOING TO BE ABLE TO TOTALLY ELIMINATE ALL THE NON-CONFORMING STUFF, BUT THE INTENT WITH IT WAS TO BRING EVERYTHING UP TO CODE.
OR THAT WAS MY IMPRESSION OF IT AND I SOMETIMES MISCONSTRUE THINGS, BUT THAT'S WHERE I'M AT."
HELEN-"I THINK YOU ARE RIGHT, WHEN WE DID THE RV ZONING, WE HAD ALL NON-CONFORMING USES REGISTERED AND WE UNDERSTOOD AT THAT TIME THAT IF SOMEBODY'S OLD RV WORE OUT, IT WOULD DISAPPEAR FROM THAT IT WOULD DISAPPEAR FROM THE NEIGHBORHOOD THAT IT WAS NON-CONFORMING IN."
ANITA-" YOU HAVE TO BRING IT ALL UP TO CODE, IT'S TO EVENTUALLY, HOPEFULLY ELIMINATE ALL THE NON-CONFORMING STUFF AND GET EVERYTHING, YOU'LL NEVER GET EVERYTHING, BUT TO GET AS MUCH AS YOU CAN UP TO CODE. DID I LOSE YOU? YOU WERE SUPPOSED TO BE MY BACK-UP. EVENTUALLY BRING IT UP TO CODE, OTHERWISE, YOU WILL ALWAYS BE HAVING THESE LITTLE PROBLEM AREAS."
CARL-" ANITA, IF THAT'S THE LOGICAL THING TO DO, BUT IF YOU ARE GOING TO FOLLOW THROUGH WITH THAT, THEN YOU CAN'T HAVE A STORE. YOU SAID A STORE, NOW THAT'S WHAT WE HAVE TO DECIDE."
ANITA-" THE STORE IS A WHOLE NEW THING AND I DON'T SEE WHERE YOU CAN CONSIDER IT NON-CONFORMING."
STEVE MARCINIAK-" IT'S BRAND NEW, SO IT HAS TO BE DONE THE WAY IT SHOULD BE DONE."
ANITA-" IF HE WAS GOING TO KEEP THAT BUILDING AND PUT IN A NEW WINDOW, THERE'S NOT MUCH YOU CAN DO AS FAR AS THAT GOES. "
HELEN-"HE WOULDN'T BE INCREASING THE SIZE"
CARL-" IT'S KIND OF A HARD STRETCH OF THE IMAGINATION. SAY JUST BECAUSE YOU ARE DOING SOMETHING KNEW YOU HAVE TO CHANGE IT FROM NON-CONFORMING TO CONFORMING."
ANITA-" ONCE YOU ARE GOING TO MAKE A MAJOR CHANGE, YOU HAVE TO BRING IT UP TO CODE AND MAKE IT CONFORMING."
CARL-" YOU ARE TALKING ABOUT A STORE OR A BUSINESS, WHAT ARE WE GOING TO DO IN THIS BUSINESS? NOW WE HAVE TO DECIDE, WHAT ARE
YOU, IF HE'S GOING TO DO IT THE WAY THE BOOK SAYS, HE CAN'T HAVE
RETAIL SALES. IF YOU CALL IT A STORE, A BUSINESS, AN OFFICE COMPLEX
OR ANYTHING YOU WANT, IT COMES UNDER RETAIL SALES."
HELEN-" JAKE, WE HAVE 5 OTHER CAMPGROUNDS IN THE TOWNSHIP. ONLY ONE OF WHICH IS IN THE R/R AREA, THE OTHERS ARE ALL A/R AND THEY ALL HAVE PROVISIONS FOR MIXED-USE DEVELOPMENTS. SO THE ONE, HIDE-AWAY, IS IN THE R/R AREA. DO THEY HAVE RETAIL SALES? DID
WE GIVE THEM PERMISSION TO DO THAT OR IS IT NON-CON...."
JAKE-" WE HAD TO HAVE, THEY HAD A ZONING PERMIT."
HELEN-"HAVE THEY INCREASED IT IN SIZE?"
JAKE-" NOT TO MY KNOWLEDGE. THEY USE EXTENDED CAMPSITES THEY WANTED TO REPLACE THE WATER SLIDE OUT AND PUT A SWIMMING POOL IN.'
HELEN-" DO THEY COME TO US FOR SU PERMITS WHEN THEY WANT TO ADD MORE CAMPSITES?"
JAKE-" YEAH, THEY HAVE TO."
HELEN-" OK, SO THEIRS IS A NON-CONFORMING USE, BUT THEY HAVEN'T
APPLIED FOR ANY INCREASE IN SIZE."
JAKE-" HIDE-AWAY?"
HELEN-"THEIR STORE."
JAKE-" THEIR STORE, NO. THEY HAVE NEVER CHANGED THE STORE."
HELEN-" IT'S A LEGAL NON-CONFORMING USE."
CARL-" JAKE, CAN YOU ANSWER THIS, STEVE(BRUCE) YOU'VE ALREADY ALLUDED TO IT, WHAT IS OUR DEFINITION OF A CAMP STORE, CAMP OFFICE. WHAT DO THEY HAVE? I'M NOT A CAMPER, DON'T INTEND TO BE, DON'T EVER WANT TO BE. WHAT DO YOU PERCEIVE, WHAT IS OUT THERE?
WHEN YOU GO INTO CRAIG'S, YOU SAID CIHAK'S, IN JELLYSTONE AND YOU
CHECK IN, WHAT DOES THAT BUILDING OFFER IN THERE?"
STEVE-" BREAD, MILK, POP, MAYBE SANDWICH MEAT, PEANUT BUTTER, JELLY, MARSHMALLOWS, STICKS, HOT DOG COOKERS, CANDY, VIDEO GAMES, "
CARL-" PLUS THEIR CHECK-IN."
STEVE-"PLUS THEIR CHECK-IN, ALL IN ONE BUILDING."
CARL-"WHAT ABOUT HIDE-AWAY?"
STEVE-" THEY HAVE ABOUT THE SAME THING."
CARL-" SO WHAT YOU ARE SAYING IS THAT CAMP STORE IS SYNONYMOUS WITH CHECKING IN AND "
STEVE-" SUNDRY ITEMS WHATEVER YOU WANT TO CALL THEM. IF YOU GO INTO FULLER'S THEY HAVE A WHOLE WALL OF COOLERS ACROSS THE BACK."
HELEN-" ABOUT THE ONLY ONE THAT WE CAN REALLY COMPARE TO WOULD BE HIDE-AWAY'S BECAUSE IT IS THE ONLY OTHER CAMPGROUND THAT'S IN A R/R AREA. THE OTHERS ARE A/R AND PUD DEVELOPMENTS THAT PROVIDE IN AG THE MIXED USE, IN R/R PUD'S THAT IS NOT SO, IT'S JUST DWELLINGS."
CARL-" MOST OF THESE LETTERS AND SOME OF THE VERBAL COMMENTS THAT WE HEARD YESTERDAY ALL ALLUDED TO THE FACT THAT, AND IT'S SINCE THEN STEVE'S (BRUCE) CHANGED HIS LOCATION ON RIDGE ROAD.
THEY DIDN'T WANT SOMETHING ON THAT ROAD. IS THERE A WAY TO SAY
THAT IF THIS IS INTERNAL, FARTHER IN, THAT IS A BUSINESS OF THE CAMPGROUND INSIDE THE CAMP GROUND? TRYING TO DISTINGUISH IT FROM SOMETHING THAT WOULD, IF BY PURE ACCIDENT, SOMEBODY WANTED TO FROM THE GENERAL PUBLIC TRAFFIC. IF YOU LOOK AT THE
LOCATION OF THE ENTRANCE IS VERY UNINTRUSIVE . THERE ARE TWO
SIGNS, BUT OTHER THAN THAT YOU DON'T KNOW THAT IT IS THERE. IT'S
JUST REALLY NICE. IF YOU HAVE PEOPLE LINED UP TO GET INTO THE CAMPGROUND THAT IS ONE THING, BUT IF YOU HAVE PEOPLE TRYING TO GET IN AND OUT OF THERE AT ALL TIMES OF THE DAY AND NIGHT TO GET
THESE ITEMS, I GUESS THEY ARE ESSENTIALS OF LIFE FOR ONLY GOD KNOWS WHAT TO CAMPERS. IF THAT ATTRACTION IS TAKEN AWAY AND
MOVED MORE IN AND DIRECTED TOWARDS THE PEOPLE THAT IT IS INTENDED, HIS CUSTOMERS, THE CAMPGROUND PEOPLE, THEN I GUESS IF THESE FOLKS WANT TO WALK EXTRA FAR IN, BUT IT WOULDN'T ATTRACT CUSTOMERS."
HELEN-"THE REASON THAT'S A RINGER IS THAT OUR ZO DOES NOT HAVE
ANY DEFINITION OF A CAMPGROUND OR CAMPSITE. THE CLOSEST WE COME IS A RESORT. AND IF YOU NOTICE UNDER R/C, SU IS CAMPGROUNDS AND RESORT. UNDER R/R SU, OR USES REQUIRING APPROVAL AS PUD'S IS
RESORTS ONLY THE WORD CAMPGROUND ISN'T THERE. A RESORT IS DEFINED AS A BUSINESS ESTABLISHMENT THAT PROVIDES TEMPORARY
LODGING ACCOMMODATIONS, WITH OR WITHOUT MEALS AND OTHER SERVICES FOR THE TRAVELING PUBLIC. FOR THE PURPOSE OF THIS ORDINANCE, A RESORT CAN PROVIDE LODGING ACCOMMODATIONS IN
A SINGLE BUILDING AND IN SEVERAL SEPARATE LODGING ACCOMMODA-
TIONS. IN SEPARATE BUILDINGS, EACH PROVIDING AN INDIVIDUAL LODG-
ING ACCOMMODATION OR BY A COMBINATION OF LODGING ACCOMODA-
TIONS AND CAMPSITES, WHICH MAY ALSO PROVIDE ON PREMISE RECREATIONAL FACILITIES. HERE WE HAVE NO LODGING ACCOMMODATIONS, WE ONLY HAVE CAMPSITES. SO THIS IS NOT A RESORT
BY THE DEFINITION IN OUR ZO AND WE HAVE NO DEFINITION OF CAMP-
SITE OR CAMPGROUND.
STEVE MARCINIAK-" I THINK WE SHOULD, WE HAVE TO HAVE SOME GUIDE LINES."
CARL-" HE HAS A RIGHT TO HAVE AN OFFICE TO RUN THIS PLACE."
HELEN-"YES."
CARL-" ALL RIGHT, AND HE HAS A RIGHT TO GIVE THESE PEOPLE SERVICES
THAT THEY NEED. CHECK IN AND CHECK OUT, TELEPHONE OR WHATEVER
I GUESS I'M QUESTIONING, IF THESE ARE ESSENTIAL ITEMS TO RUN A BUSINESS, I WENT CAMPING ONCE AND WE DON'T WANT TO GO THERE,
BUT IF YOU'VE GOT TO HAVE YOUR GOODIES WHEN YOU ARE CAMPING,
WHAT I'M ASKING IF THERE IS LEEWAY IN THE PLANNING OF THIS, THEY
HAVEN'T STARTED THE CHAIN SAW YET."
HELEN-" DAVE ROSEMAN AT THE MEETING, IN ADDITION TO HIS LETTER
SAID THAT HE WAS CONCERNED WITH KEYHOLE ACCESS. PEOPLE WOULD WANT ACCESS TO THE LAKE AND IT IS A STRONG SELLING POINT. ACTUALLY I THINK THAT THERE ARE A COUPLE OF ISSUES HERE, ONE IS THE ACTUAL ZO PROVISION FOR KEYHOLE DEVELOPMENT AND THE OTHER IS AND WE CAN ASK STEVE ABOUT THIS, I THINK HE CLARIFIED IT AT THE LAST MEETING, WILL THE CAMPGROUND PEOPLE HAVE ACCESS TO LAKE MICHIGAN AND WILL THE HOME SITE OWNERS HAVE ACCESS TO LAKE MICHIGAN."
STEVE-" ABSOLUTELY, THAT THE CAMPGROUND, THAT'S THE BUSINESS
THAT'S ALWAYS BEEN THERE AND THAT'S EXACTLY THE DRAW FOR THAT
BUSINESS. THE CAMPGROUND WOULDN'T FINANCIALLY EXIST WITHOUT THE CONTINUED USED OF LAKE MICHIGAN BEACH. FROM THAT PROSPEC-
TIVE, I WILL NOTE THAT AS PART OF MY PLAN, FROM A VERY PRACTICAL
PROSPECTIVE, WE WOULD LIKE TO PUT A POOL. PEOPLE WOULD COME THERE THINKING THAT THEY WOULD BE IN LAKE MICHIGAN ALL THE TIME, BUT IF THERE IS A POOL THERE, THEY WILL HAVE THEIR KIDS AT THE POOL. THAT'S THE PRACTICAL ASPECT. IT WILL LESSEN THE USE OF THAT BEACH BY PUTTING A POOL IN. WHETHER THAT PERCEPTION IS
RECOGNIZED OR NOT, THAT WILL HAPPEN."
STEVE MARCINIAK-" BUT YOU ARE OFFERING THE RESIDENTS THIS TOO?"
STEVE-" NO, I HAVEN'T GOTTEN TO THAT PART OF THE QUESTION, I AM VERY CLEAR IN MY MIND, FROM A DEEDED PERSPECTIVE THAT I CAN NOT
DEED ACCESS TO THAT 238' FEET TO THE PEOPLE WHO ARE BUYING LOTS IN THE BACK. THEY ARE, THE TOWNSHIP HAS DECIDED THAT ANYBODY
THAT DOESN'T OWN BEACH PROPERTY MUST GO TO THE PUBLIC ACCESS."
HELEN-" AND CEDAR POINT IS ONLY A HALF OF A MILE NORTH OF THERE."
STEVE-"RIGHT, IT'S VERY CONVENIENT."
HELEN-" I WOULD LIKE TO READ THE KEYHOLE DEVELOPMENT PART OF THE ZO BECAUSE I THINK THAT IN MR. PRINCE'S LETTER HE GAVE US AN
IMPRESSION THAT IS NOT AS ACCURATE AS READING THE ACTUAL LAN-
GUAGE. (HELEN READ SECT 4.31 PAGE 21 OF THE ZO) YOUR ACCESS TO LAKE MICHIGAN WAS IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THE ZO. SO THAT IS A SURVIVING NON-CONFORMING USE, IF YOU WILL.
IT WAS APPLIED ONLY TO THE CAMPSITE AND I UNDERSTAND FROM YOU THAT IT WILL BE LIMITED TO THE CAMPERS IN THE FUTURE. WHILE THIS DOES SAY THAT IT SHOULD BE 100' FOR EVERY DWELLING UNIT, THAT
USE IS NOT WHAT IS GRANDFATHERED. WHAT USE THAT IS GRANDFATH-
ERED IS THE 238', AND YOU ARE GOING TO PUT AN EASEMENT IN FRONT OF THE PARCEL, SO THAT YOU WOULD HAVE 238' OF SHORELINE FOR THE
CAMPGROUND, AS YOU ALWAYS HAVE HAD."
STEVE-"EXACTLY."
HELEN-" THE MASTER PLAN ON THAT SUBJECT SAYS, 'GUIDELINES AND POLICIES APPLICABLE TO FUTURE DEVELOPMENT IN THE DISTRICT IN-
CLUDE REGULATING KEYHOLE DEVELOPMENT TO PREVENT OVERCROWD-
ING ON THE REMAINING UNDERDEVELOPED SHORELINE OPEN SPACE AND TO RECOGNIZE THE INTERESTS OF RESIDENTS IN AREAS DEVELOPED FOR
SINGLE FAMILY RESIDENTIAL USE. THAT'S THE ONLY REFERENCE IN THE MASTER PLAN. YOU PROPOSE TO MAKE OUT OF A 200' AND ALONG THE
WATERS EDGE IT'S 238', BUT DUE NORTH & SOUTH IT'S A 200' PARCEL. AND
YOU MIGHT MENTION THAT TO THE TAX ASSESSOR, IF SHE TRIES TO CHARGE YOU FOR 238'. THE MINIMUM LOT WIDTH IS 100' AND YOU ARE PROPOSING TWO 80' LOTS."
STEVE-" IN THE PUD THAT'S EXACTLY WHAT I'M PROPOSING."
HELEN-" AN ALTERNATIVE MIGHT BE TO HAVE 100' ACCESS, WHICH IS WHAT THE ZO PROVIDES, FOR EACH UNIT, AT LEAST YOU WOULD HAVE IT FOR THE CAMPGROUNDS. AND ONE 100' CONFORMING LOT. INSTEAD OF TWO 80' LOTS AND THEN A 40', WHICH DOESN'T DOESN'T FIT WITH ANYTHING IN THE ZO.
STEVE-" THE REASON THAT WE ARE LOOKING AT 80' INSTEAD OF 100' IS
THAT WE ARE GOING STRAIGHT NORTH AND SOUTH."
HELEN-" IF YOU DID ONE 100' LOT AND LEFT A 100' FOR THE ACCESS, YOU'D
BE A LOT CLOSER TO WHAT THE ZO REQUIRES."
LEO-"YES, BUT TO AVOID THE KEYHOLE THING, WE REALLY CAN'T CHANGE WHAT'S ALREADY THERE. YOU REALLY CAN'T PUT ANY LOT IN THERE WITHOUT CHANGING THE KEYHOLE THING."
HELEN-" YES, YOU ARE RIGHT."
LEO-" KEYHOLING IS THE BASIC IDEA IS THAT YOU CAN'T KEEP A LITTLE TINY PIECE OF PROPERTY TO PUT A BUNCH OF PEOPLE ON IT. IF WE TAKE A PIECE OF PROPERTY AND START TO DIVIDE IT DOWN, YOU'RE PUTTING MORE PEOPLE ON A SMALLER PIECE OF PROPERTY."
HELEN-" THE ENTIRE 238' OF BEACH IS GOING TO BE AVAILABLE."
LEO-" THAT ALREADY BELONGS TO THE CAMPGROUND."
HELEN-" RIGHT,"
LEO-" IF YOU CHANGE THAT, YOU ARE TAKING AWAY FROM WHAT THEY ALREADY HAVE. YOU'LL HAVE MORE PEOPLE."
STEVE-" BY DIVIDING THAT WITH TWO PEOPLE, YOU ARE ONLY INCREASING THE USE BY TWO PEOPLE."
HELEN-" BY ALL THE ADDITIONAL CAMPSITE TOO."
STEVE-" I'M NOT DISPUTING THAT."
LEO-" I LIVE AT SILVER LAKE. I KNOW A LOT OF PEOPLE AT SILVER LAKE
WHO HAVE ONE HOUSE AND HAVE 25 PEOPLE COME OVER WITH THEIR CAMPERS AND END UP WITH 200 PEOPLE USING THE LOT. THAT'S NOT UNUSUAL AT SILVER LAKE, ON A HOLIDAY WEEK-END IT'S NOT UNUSUAL
FOR THE AVERAGE PERSON TO HAVE FOUR OR FIVE FAMILIES COME FOR THE WEEK-END. YOU ARE TALKING ABOUT TWO LOTS ON THE BEACH, BUT
YOU ARE GOING TO BE BRINGING IN A LOT OF PEOPLE AND YOU ARE TAKING AWAY FROM THE PEOPLE WHO ACTUALLY HAVE THE USE OF IT RIGHT NOW. WHAT'S THERE IS MORE OR LESS GRANDFATHERED IN AND
AVOIDS THE KEYHOLE THING."
STEVE-" THE ONLY DIFFERENCE IS THE WAY THAT THE ZO READS IS YOU HAVE TO OWN TO THE WATERS EDGE. THE REASON THAT I HAVE IT TO THE WATERS EDGE IS THAT THERE'S TWO PEOPLE THERE ENTITLED, NOT KEYHOLING, THEY WILL BE USING THAT BEACH, THERE'S NO QUESTION ABOUT IT, BUT THEY WILL ALSO BE GIVING EASEMENT BACK TO THE CAMPGROUND FOR THE EXACT USE THEY HAVE ALWAYS HAD. SO THE
USE DOESN'T CHANGE, EXCEPT FOR THE TWO OWNERS. THAT'S THE DIFFERENCE IN OWNERSHIP AND THERE'S NO QUESTION , THIS IS A
FINANCIAL ENTITY WITH PUTTING IN THE PUD PLAN FROM A BUSINESS
PERSPECTIVE THE PLANS CREATES BUILDING SITES OUT THERE. WE MAY OR MAY NOT USE THEM TODAY, TOMORROW OR TEN YEARS FROM NOW, BUT WE ARE TRYING TO PUT FORTH A PUD PLAN THAT LOOKS FORWARD. I THINK THAT IF YOU LOOK DOWN THE LINE, YOU'LL FIND A LOT OF 80' LOTS IN THE AREA. IF ANY OF THE NEIGHBORS WOULD COME TO ME FROM A REAL ESTATE PERSPECTIVE AND ASK ME TO SELL THEIR 80' LOTS, THEY WOULD WANT ME TO SAY THAT IT IS A 100' LOT ON THE WATER, BECAUSE THE LAKE DOESN'T RUN EAST AND WEST, IT RUNS NW AND YOU
END UP WITH THOSE BEING 100' LOTS."
CARL-" WHEN YOU ARE BUYING THEM, YOU RUN THE TAPE STRAIGHT AND WHEN YOU ARE SELLING THEM YOU RUN IT AT AN ANGLE. DOES THE LINE OF DELINEATION RUNNING ACROSS, IS THAT WHAT YOU ARE REFERRING TO AS PUBLIC ACCESS?"
STEVE-"THAT WOULD BE THE BEGINNING OF THE EASEMENT. THAT WOULD BE THE EASEMENT FOR THE CAMPGROUND TO CONTINUE USING THE BEACH."
HELEN-"THE EASEMENT IS AT THE FOOT OF THE "
STEVE-"THE BASE OF THE HILL, BASICALLY."
CARL-" WHAT PERCENTAGE, DO YOU HAVE ANY IDEA, OF YOUR GUESTS
ACTUALLY GO DOWN THERE TO THE LAKE?"
STEVE-" WELL, STEVE MARCINIAK WILL DISAGREE WITH ME ON THIS, BUT
LAST SUMMER, I HAD A LIST FOR SALE AND I WENT BY IT SEVERAL TIMES IN MY BOAT AND NEVER, I COUNTED, NEVER COUNTED MORE THAN 20 PEOPLE THERE. USUALLY SIX, EIGHT OR TEN PEOPLE DOWN THERE, BUT
I CAN'T SAY. I KNOW THAT ON THE FOURTH OF JULY THERE'S GOING TO BE MORE THAN THAT, BUT THERE IS NOT A REAL HEAVY USE. IF YOU LISTEN TO THE TAPE ,MR. ASHLEY'S COMMENT OF THE LAST TIME, HE SAYS THAT HE IS CONCERNED ABOUT THE USE, BUT THE USE HAS DIMINISHED OVER THE YEARS THAT I HAVE BEEN THERE, THAT'S THE NEIGHBOR THAT LIVES NEXT DOOR."
HELEN-"WELL, IT'S SPOTTY STEVE. I WALK THE BEACH ABOUT A HALF A MILE AWAY. I WALK THE BEACH AND THOSE PEOPLE WALK THE BEACH AND SOMETIMES THEY SETTLE DOWN AND I HAVE TO ASK THEM IF I
CAN HELP THEM."
STEVE-"BELIEVE ME, I DON'T GO FOR THAT. I'M NOT FOR ANYBODY TO USE OR ABUSE OTHER PEOPLE'S PROPERTY."
HELEN-" I'M NOT, THE TRAFFIC IS NOT GOING TO COME FROM THOSE TWO LOTS, THE TRAFFIC IS, SOME TRAFFIC WILL. YOU ARE ABSOLUTELY RIGHT.
BUT THE TRAFFIC ON THE BEACH IS, IF WE GO TO 230 CAMPSITES AND YOU ARE AT 176 NOW, THE TRAFFIC WILL INCREASE BY ONE-THIRD. MINUS WHOEVER WILL GO TO YOUR LOVELY SWIMMING POOL. AND I WOULD ENCOURAGE YOU TO MAKE IT A WONDERFUL SWIMMING POOL."
STEVE-"WITH A VERY APPEALING BEACH AND DECK AREA AROUND IT."
CARL-" RIDING THESE TRAILS BACK HERE, IT'S JUST BREATH TAKING."
PETE-"IT'S JUST BEAUTIFUL LAND BACK BY CRANBERRY LAKE. "
HELEN-"I THINK, ANITA, WE SHOULD ASK ABOUT THE ROADS. THIS IS THE OLD ROAD THAT COMES AROUND AND GOES OUT."
ANITA-" THIS IS THE NEW ROAD THAT WILL GO IN AND OUT? NOT JUST OUT."
HELEN-" I THINK THIS IS GOING TO BE TWO-WAY. STEVE, MAYBE YOU COULD HELP US. "
ANITA-" IS THIS IN AND OUT TO THE HOUSING?"
STEVE-" YES, THAT WILL BE AN IN AND OUT. THAT'S A FULL COUNTY ROAD PROPOSED THERE. I WOULD LIKE TO FIND ANOTHER ALTERNATIVE TO IT,
BUT I CAN'T FIND IT RIGHT NOW."
HELEN-" NOW, PEOPLE GO INTO THE CAMPGROUND AND HOW WILL THEY COME OUT?"
STEVE-"CURRENTLY THEY COME OUT RIGHT HERE. THAT'S WHERE THERE IS A BIG KNOLL HERE."
HELEN-" ARE YOU GOING TO HAVE THEM DO THE SAME THING AFTER THIS ROAD IS DONE?"
STEVE-"IF WE DO EXACTLY LIKE THIS, WE WILL HAVE TO REMOVE THESE SITES, THOSE ARE THE NINE. THAT'S WHERE THIS EXIT ROAD WILL KIND OF HAVE TO CHANGE A LITTLE BIT HERE. IT WOULDN'T AFFECT THE CAMPGROUND ROAD MUCH, BUT."
HELEN-"SO THE CAMPGROUND WON'T REALLY HAVE ACCESS TO THIS ROAD?"
STEVE-" NOT REALLY, NO. THEY'D BE ON THEIR OWN LITTLE TRACK, UNLESS I COULD FIND ANOTHER ALTERNATIVE, BUT I DON'T HAVE THAT AT THIS TIME. VERY FRANKLY WHAT I'D LIKE TO DO IS HAVE THIS ROAD GO OUT HERE, BUT I HAVEN'T TALKED TO ANY OF THE NEIGHBORS AND I DON'T KNOW IF YOU GUYS WOULD APPROVE THE PLANS. BUT I DON'T REALLY LIKE THE IDEA OF TEARING UP THOSE NINE SITES, THEY ARE REALLY NICE SITES. BUT WE DO SHOW THOSE NINE REPLACED RIGHT HERE."
HELEN-" WILL THIS BE BERMED OR SOMETHING SO THESE SITES DON'T HAVE ACCESS TO THIS ROAD? AND SO THAT YOUR LOVELY DEVELOPMENT RIGHT HERE DOES NOT DRIVE BY CAMPGROUNDS?"
STEVE-"THIS WOULD BE COUNTY ROAD, SO YOU ARE NOT GOING TO HAVE
ACCESS OFF FROM HERE. THINKING THIS THROUGH, WHAT'S THE DIFFERENCE? IF I HAVE AN ACCESS AROUND HERE, PAST MY THING, AND THEY GO ON A COUNTY ROAD, WOULD IT REALLY MAKE A DIFFERENCE IF I
DID GO ON A COUNTY ROAD HERE? AND THEN THE CAMPGROUND HERE. BUT AT THIS POINT I DON'T PLAN ON THAT. AT THIS POINT MY INTENTION WAS TO HAVE THEM COME ALL THE WAY BACK THROUGH AND AROUND. TO SEPARATE THE TWO TRAFFIC LANES. THAT'S THE WAY IN MY MIND I SEE IT."
CARL-" HOW DO THEY GET FROM THE CAMPGROUND. DO THEY DRIVE THEIR LITTLE DUNE BUGGIES, THEY DON'T CALL THEM DUNE BUGGIES, BUT THEIR GOLF CARTS ON RIDGE ROAD TO GET OVER TO HERE?"
STEVE-"THEY DO, CROSS, THEY'VE GOT AN OPENING, THAT'S THE ONLY TRAFFIC THAT GOES ON THERE, THEY CROSS THAT ROAD."
CARL-" YOU SAID THIS PIECE OF PROPERTY, THE REASON YOU CAN'T
RUN THE ROAD NOW FROM HERE BECAUSE THIS IS YOUR LOT LINE?"
HELEN-'INCIDENTALLY, WHILE I'M THINKING OF IT, THIS IS TO SCALE. THIS MEASURES 75' AND THIS MEASURES 50' AND I THINK YOU INTENDED BOTH
OF THEM TO BE 100'."
STEVE-" YES, 100'."
HELEN-" THAT'S GOING TO DIMINISH THE SIZE OF THESE TWO LOTS, IT MAY BE THAT YOU ARE GOING TO"
STEVE-"IF WE END UP CHANGING SOME OF THE LOTS. THAT'S JUST LOTS THAT "
ANITA-" SO THEN, THEY HAVE TO DRIVE ALL THE WAY THROUGH THERE."
STEVE-"THAT'S ONE OF THE THINGS, THAT WOULD BE A POSSIBILITY WE
WOULD BE USING THE PRIVATE ROAD TO THE CAMPGROUND TO ACCESS
THESE 18 SITES, MY INTENTION FROM A MARKETING PERSPECTIVE IS THAT
THESE WOULD BE A KIND OF COMMUNITY OF LOG CABINS THAT WE WOULD BUILD SPEC AND SO THEY WOULD REALLY FIT THE DEMEANOR OF THIS CAMPGROUND."
HELEN-"IF YOU READ THE DEFINITION OF LODGING, IF YOU KEEP RENTING THESE OUT THEN YOU ARE A RESORT. WHEN YOU GET RID OF THEM, THEN YOU ARE JUST A CAMPGROUND."
STEVE-"SO THEN, WE ARE A RESORT. THAT'S WHAT WE ARE AT THIS POINT.
IF IT MAKES A DIFFERENCE, THEY'VE RENTED OUT THESE TRAILERS. I DON'T KNOW ENOUGH ABOUT WHAT THEY HAVE DONE AND HAVEN'T DONE."
DAVID ROSEMAN-" IT'S BEGINNING TO BECOME QUITE CLEAR. WE STARTED OUT WITH NO KNOWLEDGE AT ALL."

STEVE MARCINIAK MOTIONED TO ADJOURN AT 9:10 PM. AVERY
SUPPORTED THE MOTION. MEETING ADJOURNED.