Permit Process

City Officials' Intentional Misconduct - Mount Pleasant, MI Zoning

Sunday, January 24, 2010

Typical or Atypical?

Correspondence from City Attorney contradicts plain statement in city code, see Office Humor. Full text opinion letter included in Denied Due Process pages 13-15.

City Code § 10.06 Rules of Interpretation. (D) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.

City Code § 154.007(B)(6) Nonconforming use destroyed. A building which has been damaged by fire or other cause ...

City Attorney - the phrase "or other cause" … refers to loss by windstorm or a similar casualty, ...

Correspondence from City Manager contradicts public record, approval of nonconforming site plan SPR-04-08 -

"The City Attorney was requested to provide a legal opinion ... which I will summarize here. He indicated ... the Planning Commission concluded that it had the authority, as a part of the site plan review process, to authorize the 2004 project ... ". Full text of letter included in Denied Due Process pages 16-17.

Planning Commission had repeatedly demonstrated understanding § 154.169(D) precludes approval

Mt. Pleasant Planning Commission - SPR-00-02
Members present: Bradac, Joslin, Joy, Lindley, Markham, Olivieri, Orlik, Smith
Tony Kulick, Director of Planning and Community Development, Secretary
     M / S Joslin / Bradac to deny the site plan as submitted because it does not meet the setback and greenbelt requirements of the zoning ordinance. Motion approved unanimously.

Mt. Pleasant Planning Commission - SPR-00-03-B
Members present: Bradac, Joslin, Lindley, Markham, Orlik, Smith, Travis
Tony Kulick, Director of Planning and Community Development, Secretary
     M / S Smith / Bradac to deny site plan "B" since the proposed use of non-family style housing does not meet ordinance requirements. Motion approved unanimously.

ten years later ...

Sunday, January 24, 2010

Typical or Atypical?

Correspondence from City Attorney contradicts plain statement in city code, see Office Humor. Full text opinion letter included in Denied Due Process pages 13-15.

City Code § 10.06 Rules of Interpretation. (D) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.

City Code § 154.007(B)(6) Nonconforming use destroyed. A building which has been damaged by fire or other cause ...

City Attorney - the phrase "or other cause" … refers to loss by windstorm or a similar casualty, ...

Correspondence from City Manager contradicts public record, approval of nonconforming site plan SPR-04-08 -

"The City Attorney was requested to provide a legal opinion ... which I will summarize here. He indicated ... the Planning Commission concluded that it had the authority, as a part of the site plan review process, to authorize the 2004 project ... ". Full text of letter included in Denied Due Process pages 16-17.

Planning Commission had repeatedly demonstrated understanding § 154.169(D) precludes approval

Mt. Pleasant Planning Commission - SPR-00-02
Members present: Bradac, Joslin, Joy, Lindley, Markham, Olivieri, Orlik, Smith
Tony Kulick, Director of Planning and Community Development, Secretary
     M / S Joslin / Bradac to deny the site plan as submitted because it does not meet the setback and greenbelt requirements of the zoning ordinance. Motion approved unanimously.

Mt. Pleasant Planning Commission - SPR-00-03-B
Members present: Bradac, Joslin, Lindley, Markham, Orlik, Smith, Travis
Tony Kulick, Director of Planning and Community Development, Secretary
     M / S Smith / Bradac to deny site plan "B" since the proposed use of non-family style housing does not meet ordinance requirements. Motion approved unanimously.

ten years later ...