Permit Process

Mt. Pleasant MI City Administration Planning Zoning 48858 Isabella County

Wednesday, June 22, 2011

Commissioners : Makes No Sense - Unfamiliar Process


January 6, 2011 Commissioner Holtgreive declares variance authorization prior to planning commission review 'makes no sense to me'. video clip
February 14, 2011Commissioner Tilmann states variance authorization prior to planning commission review is not a familiar process. video clip
June 22, 2011ZBA Case 04-2011 510 W. Pickard: industrial zone, new construction, hearing is not an enforcement decision appeal. ZBA reviews site plan and authorizes variance.


March 3, 2011 the planning commission convened a work session to discuss current review procedures. Minutes of that meeting show their discussion fails to address city code provisions.


Current Review Procedures
Planning Commission 03.03.11 work session minutes
Mt. Pleasant, MI City Code
Chapter 154 : Zoning Ordinances
1) Staff meets with applicant and determines if SUP/SPR and/or Variance is needed.§154.169(A) The Planning Commission is empowered to review site plans - Permit Process
2) If ZBA action is required, the case goes to them first and ZBA action sets the new standard for that site. ZBA meets 4th Wednesday of the month.§154.163(A) The Zoning Board of Appeals shall have the power to hear and decide enforcement decision appeals; §154.162(C) The Zoning Board shall not have the power to make any changes in the terms of this chapter; §154.164(A) Applications for a variance shall be submitted and served in the same manner as provided for appeals
3) PC reviews based on ordinance as varied by ZBA. PC meets on the first Thursday of month.§154.169(D) Decisions shall be based upon standards and requirements contained in the Zoning Ordinances; §154.162(C) The Zoning Board shall not have the power to make any changes in the terms of this chapter

Statute Excerpts

Michigan statue MCL 125.3501(4) provides 'A decision rejecting, approving, or conditionally approving a site plan shall be based upon requirements and standards contained in the zoning ordinance,'
Michigan statute MCL 125.3604(7) provides 'The ordinance shall establish procedures for the review and standards for approval of all types of variances.'


Until the Mt. Pleasant, MI City Code is amended empowering staff to review site plans and the ZBA to change the text contained in the zoning ordinance, the current review procedure will remain unfamiliar ( illegal ).


If the Mt. Pleasant, MI City Code is amended, conforming to the current review procedure, planning commission site plan review will continue to make no sense.



Wednesday, June 22, 2011

Commissioners : Makes No Sense - Unfamiliar Process


January 6, 2011 Commissioner Holtgreive declares variance authorization prior to planning commission review 'makes no sense to me'. video clip
February 14, 2011Commissioner Tilmann states variance authorization prior to planning commission review is not a familiar process. video clip
June 22, 2011ZBA Case 04-2011 510 W. Pickard: industrial zone, new construction, hearing is not an enforcement decision appeal. ZBA reviews site plan and authorizes variance.


March 3, 2011 the planning commission convened a work session to discuss current review procedures. Minutes of that meeting show their discussion fails to address city code provisions.


Current Review Procedures
Planning Commission 03.03.11 work session minutes
Mt. Pleasant, MI City Code
Chapter 154 : Zoning Ordinances
1) Staff meets with applicant and determines if SUP/SPR and/or Variance is needed.§154.169(A) The Planning Commission is empowered to review site plans - Permit Process
2) If ZBA action is required, the case goes to them first and ZBA action sets the new standard for that site. ZBA meets 4th Wednesday of the month.§154.163(A) The Zoning Board of Appeals shall have the power to hear and decide enforcement decision appeals; §154.162(C) The Zoning Board shall not have the power to make any changes in the terms of this chapter; §154.164(A) Applications for a variance shall be submitted and served in the same manner as provided for appeals
3) PC reviews based on ordinance as varied by ZBA. PC meets on the first Thursday of month.§154.169(D) Decisions shall be based upon standards and requirements contained in the Zoning Ordinances; §154.162(C) The Zoning Board shall not have the power to make any changes in the terms of this chapter

Statute Excerpts

Michigan statue MCL 125.3501(4) provides 'A decision rejecting, approving, or conditionally approving a site plan shall be based upon requirements and standards contained in the zoning ordinance,'
Michigan statute MCL 125.3604(7) provides 'The ordinance shall establish procedures for the review and standards for approval of all types of variances.'


Until the Mt. Pleasant, MI City Code is amended empowering staff to review site plans and the ZBA to change the text contained in the zoning ordinance, the current review procedure will remain unfamiliar ( illegal ).


If the Mt. Pleasant, MI City Code is amended, conforming to the current review procedure, planning commission site plan review will continue to make no sense.



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