Permit Process

Mt. Pleasant MI City Administration Planning Zoning 48858 Isabella County

Thursday, April 5, 2012

Implementing the Other Plan Q&A

City officials choose illegal circumvention of properly adopted standards and procedures to carry out their undisclosed plan. Officials profess their method yields both what developers want and what the city wants.

The 'Method'

Code - Context -  Questions

Scheduled Hearings/Actions

Who determines which adopted statutes and plans are not what the city wants?

When do adopted statutes and plans become other than 'what the city wants'?

How do adopted statutes and plans become other than 'what the city wants'?

zoning board of appeals

02.22.12 Public Hearing ZBA-01-2012 – 221 Clayton
Applicant is requesting a finding on a non-conforming use, under section 154.007, to allow the redevelopment of a rooming dwelling on a non-conforming lot. As part of the redevelopment, the applicant is requesting a variance to reduce the land area per person to permit an increase in occupancy from 5 to 6.

planning commission

03.01.12 Public Hearing SUP-12-03 - 221 Clayton
Request for a Special Use Permit to raze the existing building and construct a rooming dwelling for up to 6 occupants.

City Code: §154.171 A use for which a special use permit has been granted shall be considered a conforming use. §154.007 Any lot that fails to comply with the minimum requirements of this chapter may be used for a permitted use provided 90% of each yard requirement is complied with.

Context: The existing use is a conforming use, the proposed use is a principal use permitted subject to special use permit, and the proposed redevelopment complies with 100% of each yard requirement.

The use is conforming, why is the applicant requesting a finding on a non-conforming use under section 154.007?

City Code: §154.162 Meetings of the Zoning Board of Appeals shall be held to consider pending applications for appeals, variances, and zoning interpretations. §154.163 The secretary shall serve a copy of the appeal to the city official, board or commission whose decision is being appealed. §154.164 Applications for a variance shall be submitted and served in the same manner as provided for appeals.

Which city official, board or commission was served a copy of the application for variance?

ZBA-01-2012 hearing is postponed to 03.28.12. During the postponment period the applicantion for variance is replaced with an application for finding and consideration.

Planning commission hearing SUP-12-03 is postponed to 03.29.12.

Which statute provision conditions planning commission action on ZBA action?

zoning board of appeals

03.28.12 Public Hearing ZBA-01-2012 – 221 Clayton
Applicant is requesting a finding on a non-conforming use, under section 154.007, to allow the redevelopment of a rooming dwelling on a non-conforming lot. As part of the review, the applicant is requesting approval to permit new construction on a lot that lacks the required lot area for a parcel in the M-2 District and consideration to reduce the land area per person to allow an increase in occupancy from five to six.

ZBA authorizes the change at 221 Clayton based on reducing non-conformity and it's an irregularly shaped lot, with conditions, and 'giving six occupants as well'.

City Code: §154.007 A building which has been damaged by fire or other cause to the extent of more than 50% of its replacement value must be repaired or rebuilt in conformity with the provisions of this chapter unless the Zoning Board of Appeals finds that the redevelopment of the site represents a marked decrease in the specific nonconformance per § 154.007(B)(4), and there is an equivalent use.

Authority for ZBA consideration of non-appeal applications for a finding?

Authority for ZBA consideration of non-appeal applications for a consideration?

Authority for ZBA 'giving' a non-use variance that is not a decrease in the specific nonconformance?

planning commission

03.29.12 Public Hearing SUP-12-03 - 221 Clayton
Request for a Special Use Permit to raze the existing building and construct a rooming dwelling for up to 6 occupants. (postponed from March 1, 2012)

Planning Commission approves special use permit SUP-12-03 subject to compliance with site plan requirements.

City Code: §154.171 The Planning Commission may impose conditions to ensure compliance with the standards of the ordinance. §154.095 No rooming dwelling shall provide less than 900 square feet of land area per occupant.

Context: Land area is less than 5400sf (6 occupants @ 900sf).

Authority for planning commission approval of special use permits that do not ensure compliance with ordinance standards?

planning commission

03.29.12 Site Plan Review SPR-12-02 - 221 Clayton
Site Plan Review to construct a rooming dwelling for up to 6 occupants.

Planning Commission approves site plan SPR-12-02 based on the site plan and elevation drawings, conditioned on compliance with ZBA requirements.

City Code: §154.169 Decisions approving or rejecting site plans shall be based upon standards and requirements contained in the zoning ordinance, planning documents, ordinances, state and federal statutes.

Authority for planning commission conditionally approving site plans based on conformity with requirements not contained in the zoning ordinance, planning documents, ordinances, state and federal statutes?

Answers - Pending

Questions submitted to city commission members and the city manager 04.05.12. Hopefully, William Johnson won't be accessing the city email server.

From: bo joda

Date: Thu, Apr 5, 2012 at 9:53 PM

Subject: The Method - 221 Clayton Feb 22 - Mar 29, 2012

To: bkilmer@mt-pleasant.org, kling@mt-pleasant.org, nenglish@mt-pleasant.org, jholton@mt-pleasant.org, jjoslin@mt-pleasant.org, rrautanen@mt-pleasant.org, stilmann@mt-pleasant.org, manager@mt-pleasant.org

Commissioners, City Manager -

Questions regarding the method planners, city staffers, and the Zoning board of Appeals worked out and demonstrated with 221 Clayton development.

  • How/When do adopted statutes and plans become other than 'what the city wants'?
  • Who determines which statutes and plans are not 'what the city wants'?
  • The use is conforming, why is the applicant requesting a finding on a non-conforming use under section 154.007? (ref. §154.171, §154.007)
  • Which city official, board or commission was served a copy of the application for variance? (ref. §154.162, §154.163, §154.164)
  • Which statute provision conditions planning commission action on ZBA action?
  • Authority for ZBA consideration of non-appeal applications for a finding? (ref. §154.162)
  • Authority for ZBA consideration of non-appeal applications for a consideration? (ref. §154.162)
  • Authority for ZBA 'giving' a non-use variance that is not a decrease in a specific non-conformance? (ref. §154.007, §154.162)
  • Authority for planning commission approval of special use permits that do not ensure compliance ordinance standards? (ref. §154.171, §154.095)
  • Authority for planning commission conditionally approving site plans based on conformity with requirements not contained in the zoning ordinance, planning documents, ordinances, state and federal statutes? (ref. §154.169)

Additional information/context available @ Implementing the Other Plan.

Thanks for clarification in advance,

bojoda.za@gmail.com

From: Pritchard, Addie <apritchard@mt-pleasant.org>

Date: Fri, Apr 6, 2012 at 11:49 AM

Subject: RE: The Method - 221 Clayton Feb 22 - Mar 29, 2012

To: bo joda <bojoda.za@gmail.com>>

Cc: "Grinzinger, Kathie" <kgrinzi@mt-pleasant.org>>

Good Morning-

City Manager Kathie Grinzinger is out of the office today and will return next week.  I will forward your request to the appropriate departments and provide a response next week.  Please let me know if I can be of further assistance.  Thank you.

Addie Pritchard

Senior Executive Assistant

City Manager's Office

320 W. Broadway

Mt. Pleasant, Michigan 48858

p I 989.779.5323

e I apritchard@mt-pleasant.org

visit us on the web

www.mt-pleasant.org

From: bo joda [mailto:bojoda.za@gmail.com]

Sent: Thursday, April 05, 2012 9:54 PM

To: Kilmer, Bruce; Ling, Kathy; English, Nancy; Holton, Jim; Joslin, Jon; Rautanen, Rick; Tilmann, Sharon; city, manager

Subject: The Method - 221 Clayton Feb 22 - Mar 29, 2012

Second receipt confirmation - City Manager Apr 11, 2012

Thursday, April 5, 2012

Implementing the Other Plan Q&A

City officials choose illegal circumvention of properly adopted standards and procedures to carry out their undisclosed plan. Officials profess their method yields both what developers want and what the city wants.

The 'Method'

Code - Context -  Questions

Scheduled Hearings/Actions

Who determines which adopted statutes and plans are not what the city wants?

When do adopted statutes and plans become other than 'what the city wants'?

How do adopted statutes and plans become other than 'what the city wants'?

zoning board of appeals

02.22.12 Public Hearing ZBA-01-2012 – 221 Clayton
Applicant is requesting a finding on a non-conforming use, under section 154.007, to allow the redevelopment of a rooming dwelling on a non-conforming lot. As part of the redevelopment, the applicant is requesting a variance to reduce the land area per person to permit an increase in occupancy from 5 to 6.

planning commission

03.01.12 Public Hearing SUP-12-03 - 221 Clayton
Request for a Special Use Permit to raze the existing building and construct a rooming dwelling for up to 6 occupants.

City Code: §154.171 A use for which a special use permit has been granted shall be considered a conforming use. §154.007 Any lot that fails to comply with the minimum requirements of this chapter may be used for a permitted use provided 90% of each yard requirement is complied with.

Context: The existing use is a conforming use, the proposed use is a principal use permitted subject to special use permit, and the proposed redevelopment complies with 100% of each yard requirement.

The use is conforming, why is the applicant requesting a finding on a non-conforming use under section 154.007?

City Code: §154.162 Meetings of the Zoning Board of Appeals shall be held to consider pending applications for appeals, variances, and zoning interpretations. §154.163 The secretary shall serve a copy of the appeal to the city official, board or commission whose decision is being appealed. §154.164 Applications for a variance shall be submitted and served in the same manner as provided for appeals.

Which city official, board or commission was served a copy of the application for variance?

ZBA-01-2012 hearing is postponed to 03.28.12. During the postponment period the applicantion for variance is replaced with an application for finding and consideration.

Planning commission hearing SUP-12-03 is postponed to 03.29.12.

Which statute provision conditions planning commission action on ZBA action?

zoning board of appeals

03.28.12 Public Hearing ZBA-01-2012 – 221 Clayton
Applicant is requesting a finding on a non-conforming use, under section 154.007, to allow the redevelopment of a rooming dwelling on a non-conforming lot. As part of the review, the applicant is requesting approval to permit new construction on a lot that lacks the required lot area for a parcel in the M-2 District and consideration to reduce the land area per person to allow an increase in occupancy from five to six.

ZBA authorizes the change at 221 Clayton based on reducing non-conformity and it's an irregularly shaped lot, with conditions, and 'giving six occupants as well'.

City Code: §154.007 A building which has been damaged by fire or other cause to the extent of more than 50% of its replacement value must be repaired or rebuilt in conformity with the provisions of this chapter unless the Zoning Board of Appeals finds that the redevelopment of the site represents a marked decrease in the specific nonconformance per § 154.007(B)(4), and there is an equivalent use.

Authority for ZBA consideration of non-appeal applications for a finding?

Authority for ZBA consideration of non-appeal applications for a consideration?

Authority for ZBA 'giving' a non-use variance that is not a decrease in the specific nonconformance?

planning commission

03.29.12 Public Hearing SUP-12-03 - 221 Clayton
Request for a Special Use Permit to raze the existing building and construct a rooming dwelling for up to 6 occupants. (postponed from March 1, 2012)

Planning Commission approves special use permit SUP-12-03 subject to compliance with site plan requirements.

City Code: §154.171 The Planning Commission may impose conditions to ensure compliance with the standards of the ordinance. §154.095 No rooming dwelling shall provide less than 900 square feet of land area per occupant.

Context: Land area is less than 5400sf (6 occupants @ 900sf).

Authority for planning commission approval of special use permits that do not ensure compliance with ordinance standards?

planning commission

03.29.12 Site Plan Review SPR-12-02 - 221 Clayton
Site Plan Review to construct a rooming dwelling for up to 6 occupants.

Planning Commission approves site plan SPR-12-02 based on the site plan and elevation drawings, conditioned on compliance with ZBA requirements.

City Code: §154.169 Decisions approving or rejecting site plans shall be based upon standards and requirements contained in the zoning ordinance, planning documents, ordinances, state and federal statutes.

Authority for planning commission conditionally approving site plans based on conformity with requirements not contained in the zoning ordinance, planning documents, ordinances, state and federal statutes?

Answers - Pending

Questions submitted to city commission members and the city manager 04.05.12. Hopefully, William Johnson won't be accessing the city email server.

From: bo joda

Date: Thu, Apr 5, 2012 at 9:53 PM

Subject: The Method - 221 Clayton Feb 22 - Mar 29, 2012

To: bkilmer@mt-pleasant.org, kling@mt-pleasant.org, nenglish@mt-pleasant.org, jholton@mt-pleasant.org, jjoslin@mt-pleasant.org, rrautanen@mt-pleasant.org, stilmann@mt-pleasant.org, manager@mt-pleasant.org

Commissioners, City Manager -

Questions regarding the method planners, city staffers, and the Zoning board of Appeals worked out and demonstrated with 221 Clayton development.

  • How/When do adopted statutes and plans become other than 'what the city wants'?
  • Who determines which statutes and plans are not 'what the city wants'?
  • The use is conforming, why is the applicant requesting a finding on a non-conforming use under section 154.007? (ref. §154.171, §154.007)
  • Which city official, board or commission was served a copy of the application for variance? (ref. §154.162, §154.163, §154.164)
  • Which statute provision conditions planning commission action on ZBA action?
  • Authority for ZBA consideration of non-appeal applications for a finding? (ref. §154.162)
  • Authority for ZBA consideration of non-appeal applications for a consideration? (ref. §154.162)
  • Authority for ZBA 'giving' a non-use variance that is not a decrease in a specific non-conformance? (ref. §154.007, §154.162)
  • Authority for planning commission approval of special use permits that do not ensure compliance ordinance standards? (ref. §154.171, §154.095)
  • Authority for planning commission conditionally approving site plans based on conformity with requirements not contained in the zoning ordinance, planning documents, ordinances, state and federal statutes? (ref. §154.169)

Additional information/context available @ Implementing the Other Plan.

Thanks for clarification in advance,

bojoda.za@gmail.com

From: Pritchard, Addie <apritchard@mt-pleasant.org>

Date: Fri, Apr 6, 2012 at 11:49 AM

Subject: RE: The Method - 221 Clayton Feb 22 - Mar 29, 2012

To: bo joda <bojoda.za@gmail.com>>

Cc: "Grinzinger, Kathie" <kgrinzi@mt-pleasant.org>>

Good Morning-

City Manager Kathie Grinzinger is out of the office today and will return next week.  I will forward your request to the appropriate departments and provide a response next week.  Please let me know if I can be of further assistance.  Thank you.

Addie Pritchard

Senior Executive Assistant

City Manager's Office

320 W. Broadway

Mt. Pleasant, Michigan 48858

p I 989.779.5323

e I apritchard@mt-pleasant.org

visit us on the web

www.mt-pleasant.org

From: bo joda [mailto:bojoda.za@gmail.com]

Sent: Thursday, April 05, 2012 9:54 PM

To: Kilmer, Bruce; Ling, Kathy; English, Nancy; Holton, Jim; Joslin, Jon; Rautanen, Rick; Tilmann, Sharon; city, manager

Subject: The Method - 221 Clayton Feb 22 - Mar 29, 2012

Second receipt confirmation - City Manager Apr 11, 2012