Permit Process

Mt. Pleasant MI City Administration Planning Zoning 48858 Isabella County

Monday, June 11, 2012

Intentional Misconduct (Malfeasance)

... and proud of it

How to subvert State and Local Statutes Step 1

Target:
Existing:
Request:
1003 Douglas -
2 units -
2 units -
Conforming Use, Density
6 persons/6 vehicles
12 persons/12 vehicles

Without authority Zoning Board of Appeals authorizes non-use variance for construction of an eleven (11) occupant duplex rooming dwelling (ZBA Case 02-2012).

1) MI Statute M.C.L. 125.3604(1) An appeal (variance) may be taken by a person aggrieved. City Code §154.164(A) Applications for a variance shall be submitted and served in the same manner as appeals. City Code §154.163(A) The secretary shall serve a copy to the official, board or commission whose decision is being appealed.

2) City Code §154.007 Nonconforming Lots and Uses.

'The property is zoned M-2, it does permit this use'

City represents lot is >=8100sf - conforming

3) Published Agenda

'The applicant is requesting consideration to reduce the land area per person to allow an increase in occupancy from nine to twelve.'

4) The Morning Sun reported

'The commission made its decision based on a density study by city staff'.

5) MI Statute M.C.L. 125.3604(7) If there are practical difficulties the zoning board of appeals may grant a variance. The ordinance shall establish procedures for the review and standards for approval. City Code §154.164(D) To obtain a non-use variance, the applicant must show practical difficulty.

Monday, June 11, 2012

Intentional Misconduct (Malfeasance)

... and proud of it

How to subvert State and Local Statutes Step 1

Target:
Existing:
Request:
1003 Douglas -
2 units -
2 units -
Conforming Use, Density
6 persons/6 vehicles
12 persons/12 vehicles

Without authority Zoning Board of Appeals authorizes non-use variance for construction of an eleven (11) occupant duplex rooming dwelling (ZBA Case 02-2012).

1) MI Statute M.C.L. 125.3604(1) An appeal (variance) may be taken by a person aggrieved. City Code §154.164(A) Applications for a variance shall be submitted and served in the same manner as appeals. City Code §154.163(A) The secretary shall serve a copy to the official, board or commission whose decision is being appealed.

2) City Code §154.007 Nonconforming Lots and Uses.

'The property is zoned M-2, it does permit this use'

City represents lot is >=8100sf - conforming

3) Published Agenda

'The applicant is requesting consideration to reduce the land area per person to allow an increase in occupancy from nine to twelve.'

4) The Morning Sun reported

'The commission made its decision based on a density study by city staff'.

5) MI Statute M.C.L. 125.3604(7) If there are practical difficulties the zoning board of appeals may grant a variance. The ordinance shall establish procedures for the review and standards for approval. City Code §154.164(D) To obtain a non-use variance, the applicant must show practical difficulty.