A family trucking business that uses a residential area as a base for its trucks will not be permitted to continue that use, the Barry County Planning Commission ruled Monday.
Suzan and Warren Miller operate their business from their Johnstown Township property, which is zoned rural residential, according to township code enforcement officer Joyce Foondle.
“We just want to be able to park our trucks in our parking area,” Miller told planning commission members Monday night during a meeting at Tyden Center in Hastings.
Commissioner Jack Miner made the motion to deny the permit based on sections of the county Master Plan that prohibit special-use requests if the use will negatively affect the quality of life for surrounding residents.
Chadrick Miller, Suzan Miller's son, who is employed by the trucking company, also attended the meeting. Four others are employed by the trucking business. The Miller's property is at the corner of North Uldriks Drive and Ferris Road.
Three licensed trucks are kept on the property, Suzan Miller said. They also have a bus for church functions and two oil tankers that are in the process of being sold or returned.
The Millers have been running the business from the property since December 2019.
“This was never supposed to be a large operation,” Suzan Miller said.
“It’s a family business. We’ve done a lot things to help out people,” Chadrick Miller said. “It’s a way that God can bless the community through us.”
Several residents attended the meeting to voice their opposition to the Millers' special use request.
“I’ve received numerous calls on this and, to me, it’s an eyesore,” Johnstown Township Supervisor Barbara Earl said.
“How did we get a trucking business in a residential area to start with?” Lloyd Hudson asked.
Hudson said he has lived on Uldriks Drive his entire life, since 1941, adding that he’s always been told, “It is not a business area. It's residential. Them trucks have been going up and down our roads, and I know they can’t be doing us any good.”
Hickory Road resident Sharon Hudson shared her concerns. Hickory Road is just north of Uldriks Drive. “The roads are getting bad already. The speed of the trucks is intimidating. I have grandkids. When this first started, I wouldn’t even let them cross the street.”
“And what is it doing to our foundations and our property values?” she added. “It’s going down hill.”
Foondle said she “completely understood where the residents were coming from.”
“I totally agree with the residents who say this use should not be part of a rural residential area,” she told the planning commission.
“An acre and a half of land, and a trucking company? Come on!” Lloyd Hudson added.
Following the residents speaking in opposition, Suzan Miller was given a chance to respond to some of the concerns.
“This is our county,” she said. “We never try to be disruptive.”
Miller said she felt that her constitutional rights should not be infringed upon in the situation. She added that she isn’t stopping anyone’s life, she isn’t stopping anyone’s pursuit of happiness and she isn’t taking away anyone’s liberties.
“But, if they tell me I can’t have my trucks there, they’re telling me I can’t have my pursuit to happiness,” Miller said.
Planning Commissioner Joyce Snow noted that one of the requirements for a contractor’s facility is to have a parking area that is either paved or dust-free.
Miller said she could explore putting chemicals down to eliminate the dust.
Snow asked Miller if she had reviewed the requirements listed for a contractor’s facility.
“No, I haven’t,” Miller said. “This is just what the person I spoke to on the phone said I had to get.”
Commissioner Jack Nadwornik asked if the trucks returned to the property throughout the day.
“No,” Miller said, adding that some of the trucks are dispatched out for the week.
Warren Miller mentioned that vehicle maintenance was not done on their property.
Planning Commission board member Ben Geiger, who also serves as a county commissioner for District 5, compared the request, and how the planning commission considers it, to the process of approving or denying a gravel pit.
“Based on the use of the trucks, I don’t see how we can treat this any different,” he said. “As far as light mitigation, noise mitigation, I don’t see that in this application.”
County Planning/Zoning Director Jim McManus said the first step is for commissioners to decide if the trucking company is an appropriate use for the property.
Suzan Miller added that the company started when the family was living in South Dakota and later moved to Michigan.
“We could never expand,” she told commissioners. “There is not a land to be found, and it took quite a while to find that one.”
Vice Chairman John LaForge asked the board to vote on the request.
“You’re calling the question?” Snow and Geiger asked simultaneously.
“You have to approve or deny,” Geiger pointed out.
“Moving to approve,” LaForge said.
“Do I have a second?” Chairman Clyde Morgan asked.
The motion died for lack of support.
“I move we deny,” Miner said.
“I move we take a 5-minute recess,” Geiger said.
“Support,” Miner said.
“We have a motion to deny,” McManus pointed out.
“I’m willing to recess, but I’m not willing to withdraw my motion to deny,” Miner said.
“Well, we don’t have a support, so at this point ...” Morgan said.
“I’ll support,” Geiger interjected.
“All right, I have a motion and support for deny,” Morgan said.
“Now I would like to take a minute to recess,” Geiger said.
“Well, we have a motion on the table,” Morgan responded.
“I guess it’s up to the chair,” Geiger said.
“All right, we can take a five-minute break,” Morgan said.
At that point, both Morgan and Geiger headed toward the restrooms.
Nadwornik and LaForge walked toward the front entryway of the Tyden Center, while Snow, McManus and Miner remained seated.
“Can we deny and say they can come back in a month?” Snow asked.
McManus told her the Millers wouldn't be able to come back with their request for a year, since entities that are denied a special-use permit must wait one year before returning to seek approval of a request, according to planning commission rules.
After a recess of about four minutes, the planning commissioners returned to their seats and the meeting resumed.
“It feels like the consensus is not to approve this; it’s to deny or see significant changes to the plan,” Geiger said.
“In looking at their site plan, I don’t really see anywhere they can put a berm in,” Miner said.
“It would take a lot of work to make a plan like this fit our ordinance,” Geiger added.
“It is a livelihood,” Morgan said.
“I move to table the pending question 60 days,” Geiger said.
“You have a motion and support already on the floor,” McManus said.
“It doesn’t matter. This one supersedes it,” Geiger said.
“That’s true,” Morgan added.
“Well, Ben, we do not have a history of kicking things down the road,” Miner said. “If it’s going to fail, it’s going to fail.”
After additional discussion, Morgan called for a vote on Miner’s motion to deny the request.
“Snow,” McManus called the first name in the roll call vote.
“Awe, don’t ask me first,” she responded, looking at the documents before her on the table for about 15 seconds. She rubbed her forehead with her left hand as the audience watched, waiting for her vote.
“Yes,” Snow muttered, ending the silence.
Her vote was followed by a series of “ayes” – concluding the board's unanimous action to deny the Millers' application.
Suzan Miller did not address the board after the vote. Instead, she turned to face the audience.
“So, our friends and neighbors really don’t care about us?” she said.
“We care about our neighbors – and you don’t care one bit,” Lloyd Hudson shouted.
“That’s sad,” Suzan Miller replied.
“Can you please take this outside?” LaForge said. “This meeting is over.”
“God bless you all,” Chadrick Miller said.
Before leaving, Lloyd Hudson stopped, interrupted the meeting and addressed the board: “Can I tell you thank you?”
“No,” Snow replied.
In other business, the planning commission:
- Approved a special-use request from John Howland to operate a repair shop out of his residence in Castleton Township.
- Approved farmland agreements for G & H Leep LLC and Donald and Lisa Johnson.