Oxford’s new Stones Ace Hardware cleared a couple hurdles Feb. 9 when it comes to its plans to sell, display and store products outside the store.

In a 7-0 vote, township planning commissioners recommended rezoning the 2.22-acre site, located at 558 S. Lapeer Rd., from its current mix of local commercial (C-1) and single-family residential (R-1) to general commercial (C-2).

The recommendation now goes to the township board and if approved, outdoor sales and product display will be permitted under a special land use granted that same night in a successive 7-0 vote by commissioners.

Rezoning the site to C-2 is a main requirement for the special land use to take effect because outdoor sales and displays are not permitted under the current zoning. Such uses are only permitted in C-2 zoning as a special land use.

Stones Ace, which opened Jan. 2, wants to display bagged goods – such as top soil, water softener salt, road salt, sand, gravel and mulch – for sale on the 17,000-square-foot building’s south side. The overflow would be stored on the west side.

“We guarantee we’ll always keep (the bags) neat and tidy,” said Michael Gingras, operations manager for Stones Ace. “Everything will always look full and stocked, but presentable, the way that it should be in a community such as ours.”

Most of the bagged goods would be seasonal products and there would be “no live goods,” according to Gingras.

“The only permanent thing would be water softener salt,” he said.

The business also wishes to display patio furniture, wheel barrows and barbecue grills on the southeast side of the building. Unlike the bagged goods, which would stay outdoors 24-7, these items would be moved inside when the store is closed.

One of the conditions of the special land use approval is that a fence must be built around the bagged goods on the south and west sides.

The zoning ordinance requires all equipment or materials stored outdoors must be enclosed by a fence or wall.

Commissioners have zero discretion in this matter.

“The zoning ordinance does not list a waiver option,” explained township planner Matthew Lonnerstater, of the Ann Arbor-based Carlisle/Wortman Associates. “So, the planning commission, according to the zoning ordinance, cannot issue a wall or fence waiver.”

“Our hands are absolutely tied on this,” said Todd Bell, chairman of the planning commission. “The only way we can approve it is with a fence or wall around it.”

In his review, Lonnerstater noted constructing a fence or wall on the west side “may create vehicular circulation and forklift access issues.” It was his opinion that the landscaping around the site’s perimeter “could effectively screen the outdoor storage

areas” from adjacent residential properties.

Both Gingras and Bell agreed about the landscaping.

“We have a large greenbelt behind us,” Gingras said. “(The bagged goods) would never be seen because of all the trees that are blocking the residential (view). It’s a pretty thick greenbelt right there.”

“He’s absolutely right when he states that there’s a large amount of evergreens (on that side). It’s well-screened,” Bell said. “I wouldn’t want them to put a wall up or anything that would detract from the look. The natural look is much better.”

As for the bagged goods to be displayed on the south side for direct sale to customers, Gingras said, “We can’t have a fence. That would kill the whole look of the business.”

Bell noted it would also hinder access to the products.

However, the display could be allowed without a fence if the bagged goods were not stored outside 24-7. “It’s going to have to be forked out in the morning and forked back in at night,” Bell said.

It was explained to Gingras the fencing requirement for both the south and west sides could be eliminated entirely if Stones Ace takes its case to the zoning board of appeals and that five-member body chooses to grant a variance.

Another condition imposed by the planning commission is that the special land use is granted to Marvin Stone, owner of the store. “Should ownership change, the special land use will be revoked,” the motion stated.

Bell recommended that.

“There could be a transfer of ownership (in the future) and (the new owners) may not be very meticulous about their housekeeping,” he explained. “We could have the same situation (on that site) that we had here (before). And we don’t want that in Oxford.”

Some planning commissioners expressed how pleased they were with the overall appearance of Stones Ace.

“As a resident of this community, I’m very happy with what you guys did (to) the building and the property around there,” said Commissioner Ed Hunwick. “It looks really nice compared to what was there before.”

“I’d like to echo that sentiment,” Bell said.