Caveat - City officials routinely disregard regulatory provisions
Mt. Pleasant City Code - Chapter 154:Zoning Ordinances is designed to ensure the community is made aware when property development may not conform to published standards and requirements.
The ordinance and state statute specify the Planning Commission base site plan approval on plan conformance with published standards and requirements. The Zoning Board of Appeals is authorized to decide variance from published standards.
The local ordinance provides hearing notice requirements consistent with this delegation of authority. The Planning Commission, authorized to approve site plans that conform to published standards, simply includes the site plan review hearing in its meeting agenda. The Zoning Board of Appeals, with authority to decide variance from published standards, must
- Give at least ten days notice of the time and place in a daily newspaper of general circulation in the city.
- Give at least five days notice delivered by mail or by hand to the applicant, the Building Official, and to all owners and occupants of property within 300 feet of the premises in question.
Denied Due Process documents one of the instances where city officials have failed to abide by regulations. The information request highlighted below originated with this May 2004 Planning Commission action.
When considering the Denied Due Process documentation keep in mind the local ordinance echoes statutory provisions
Mt. Pleasant City Code - Chapter 154:Zoning Ordinances
§ 154.169 SITE PLAN REVIEW
D) Decisions conditionally approving or rejecting the site plans shall be based upon standards and requirements contained in the Zoning Ordinances.
and, the state encourages compliance
Intentional breach of a positive statutory duty or the performance of a discretionary act with an improper motive are grounds for the common law charge of misconduct in office, a felony punishable by not more than 5 years imprisonment or by a fine of not more than $10,000.00, or both in the discretion of the court.
The Denied Due Process material indicates city officials understand the ordinance precludes Planning Commission approval when a site plan specifies variance from standards contained in the ordinance; yet, the Planning Commission routinely approves site plans that specify variance from standards contained in the ordinance.
06.29.08 Still Waiting (4 years+)
01.02.09 Additional administrative staff and city remains unable to provide reference
04.09.09 Mt. Pleasant, MI city officials remain unresponsive, see Conduct Unbecoming for recent violations of state and local statutes
12.03.09 Felony Misconduct in Office
Request – Provide Mt. Pleasant City Code chapter and section reference authorizing Planning Commission approval of site plans that do not conform to standards and requirements contained in the zoning ordinances.Responses –
From: William JohnsonCc: firstname.lastname@example.org
Sent: Friday, March 14, 2008 7:41 AM
Subject: Re: Planning Commission
Just like I said in the last e-mail, you could be such an asset to the city of Mt. Pleasant but due to your mental instability all you are is a joke at every meeting. Please keep up the great work as I know you will. Union Township could really use your expertise.
We sure sounded great on camera praising you didn't we!
(pounded on the wrong door didn't you? Freak :))
From: Tim WolffCc: email@example.com;firstname.lastname@example.org
Sent: Friday, March 7, 2008 2:48 PM
Subject: Re: Planning Commission Site Plan Approval
Section 154.164 of the codified ordinances of the City of Mount Pleasant grants the ZBA the authority to grant variances. Specifically, 154.164(D) states "The Board of Appeals shall have the power to decide applications for variances from the provisions of this chapter..." This is a statutory requirment of the Michigan Zoning Enabling Act (MCL 125.3603).
To interpret section 154.162(C) in a manner different than explained above would result in these two sections of the zoning code being in conflict with one another. Since these sections were adopted together in 1984 via Ordinance 613, I think it is safe to reason that the intent of these two sections were not designed to be in conflict with one another.
Planning Commission Vice-Chairman
From: William JohnsonCc: email@example.com
Sent: Thursday, January 03, 2008 10:27 AM
Subject: Planning Commission
1. Go away. Meaning move out to a city or town that has an ordinance you like.
2. Change our ordinance. Try submitting a revision of our ordinance for consideration. Keep in mind how stupid we are so we can understand your cryptic writing.
3. Continue to waste your time sending e-mails to all of us that we don't even take the time to read anymore. Maybe a full time job might take your mind off it or a hobby like writing a book to yourself.
Just a few suggestions. If you'd like I'll ask the other commissioners on ways you can spend your extra time that actually could benefit our city.
Thanks for your time and Happy New Year!