Permit Process

Mt. Pleasant MI City Administration Planning Zoning 48858 Isabella County Public Officials, Attorneys, Breach of Duty, Oath and Ethics. Misconduct in Public Office.

Wednesday, June 17, 2015

Fraudulent Review & Approval

City Planner misrepresents site in connection with Planning Commission chairman's Special Use Permit application. Planning Commission approves permit despite deficient application, non-conforming site plan, and building located outside property boundary.

Staff Review as submitted - Defects Annotated Red Text

Planning Commission Staff Report
Site Plan Review / Special Use Permit 15-06
April 9, 2015
Reviewer: Jacob Kain, City Planner

APPLICANT:

PROPERTY OWNER:

LOCATION:

REQUEST:

SITE AREA:

ZONING DISTRICT:

FUTURE LAND USE:

Keith Cotter

Keith Cotter

220 N. Kinney Avenue and 608 E. Chippewa Street

Special use permit to utilize the existing property as a duplex.

0.42 acres

R-3, Residential

Urban Residential

0.49 acres
KINNEY ADD LOTS 2 & 3 BLK 10 - 133 x 138.6'
+ Encroachment East Public Right-of-Way - 133' x 22.9'

BACKGROUND:

The applicant is proposing to utilize an existing residential property as a two-family dwelling. The property currently has one primary structure on site which consists of two former single-family residences that are connected via an attached garage. The portion of the property addressed as 220 N. Kinney Avenue has historically been utilized as a single family home, while the portion of the property addressed 608 E. Chippewa Street was utilized through the late 2000s as a physician's office. That use discontinued with the purchase of the property by the applicant and 608 E. Chippewa has remained vacant since that time.

The applicant is not proposing any site work and exterior building modifications beyond the removal of a lighted sign that was utilized when the property contained the physician's office.

Figure 1. Overview map

SPR/SUP-15-03 1024 & 1026 S. Main Street
February 26, 2015
Page 2 of 4

SPR/SUP-15-06 220 N. Kinney
April 9, 2015

Figure 2. Zoning map

Land uses and zoning on the surrounding properties are as follows:

  Land Use Zoning
North Urban Residential R-3, Residential
East Urban Residential R-3, Residential
South Urban Residential R-3, Residential
West Urban Residential R-3, Residential

The proposed use as a two-family dwelling is permitted in the R-3 zoning district subject to special use permit under Section 154.051 of the Zoning Ordinance (R Residential Districts). The following conditions are imposed as a special use:

Special Use Condition Consistent
with Zoning
The minimum lot size shall be at least 10% larger than the minimum lot size required for the R District in which the property is located. However, no duplex shall be permitted on a lot smaller than 8,500 square feet.
Required parking for four or more vehicles on a single lot or parcel shall be hard surfaced with concrete or asphaltic concrete and constructed so that water does not drain onto adjacent property or onto the public right-of-way.
Required parking for more than two vehicles on one pad shall be prohibited in the required front or side street setback. Paved areas in the front or side street setback shall not exceed a driveway over 24 feet in width or a 12 foot wide driveway and an 18-foot by 18-foot paved parking pad.
Driveway width > 24'
All required parking for more than three vehicles on a single lot or parcel shall be screened from the view of adjacent residentially zoned properties by a minimum of a five foot wide planting buffer. The buffer shall be planted and arranged in such a way as to produce 80% or more continuing opacity beginning no later than four years after planting when viewed horizontally from between ground level and four feet above the ground. The planting buffer shall be maintained in a healthy condition. However, the Planning Commission may waive the planting buffer where the adjacent residential property is separated from the lot with more than three parking spaces by a street or alley right-of-way, or if the adjacent residential property is occupied by a duplex or multiple-family dwelling and recorded provisions are made to provide a shared driveway. Discussion item
In order to waive the required planting buffer, the Planning Commission must find that:
  1. The buffer will cause an increase in impervious surface.
  2. The buffer does not enhance the residential character of the area.
Not ? Applicable
All requests to establish a two-family dwelling shall require site plan approval pursuant to § 154.169 of this chapter.

SPR/SUP-15-03 1024 & 1026 S. Main Street
February 26, 2015
Page 3 of 4

SPR/SUP-15-06 220 N. Kinney
April 9, 2015

SITE PLAN REVIEW:

Section 154.169(D)) Decisions conditionally approving or rejecting the site plans shall be based upon standards and requirements contained in the Zoning Ordinances.

Plan Information - The proposed site conditions comply with all plan information requirements listed in Section 154.169 (c) of the Zoning Ordinance including preparation at a readable scale, and location and use of existing and proposed structures. - N/A

Section 154.171 SPECIAL USE PERMITS. (C)(1)(b) The development site plan must show, at a minimum:
  1. The lot;
  2. All structures, both existing and proposed;
  3. Site improvements;
  4. Parking areas and spaces;
  5. Screening requirements;
  6. Trash container location and screening;
  7. Type and location of exterior lighting;
  8. Signage;
  9. Landscaping features retained and added, including landscape features to be removed;
  10. Ratio of green space to lot size; and
  11. Vehicular and pedestrian circulation plans, including vehicular entry and exit points, loading areas, sidewalks.

Height, Bulk, Density, and Area - The proposed project is consistent with the requirements of the R-3 district as a special use with the exception of the rear setback. However, this non-conformity is allowable so long as it is not made to be less conforming through the actions of the applicant.

Section 154.007(B)(3) Nonconformance of yards. A conforming use which does not meet the area, yard or height standards of this chapter may be altered or enlarged provided there is no increase in the specific nonconformity. Landscape and parking standards must be met.

  Requirement Proposed Consistent with Zoning Site Plan
Lot Area (min) 8,800 sf 18,434 sf 21,479.5 sf
Building Height (max) 35' 35'  
Front setback (min) 20' 42' 30'
Side setback (min)
North Side Yard
South Side Yard
6.5'
10.0'
6.5'
30'
 
 

 
 
 
8'
55'
Rear setback (min) 25' 6' Existing condition 0', -17', 6' ?

Parking - The proposed project is consistent with the minimum quantity, dimension, and construction standards for the proposed use.

Section 154.120 Residential, two-family - 3 for each dwelling unit, parking space width 9', length 18'

Section 154.120 of the Zoning Ordinance (Schedule of Minimum Spaces) requires three parking spaces per unit for a two-family dwelling. Six spaces are provided.

Four 9' x 18' parking spaces are provided

154.003 PARKING SPACE. The area required for parking an automobile, but not including drives and aisles, meeting the requirements of 154.121.

Section 154.121 of the Zoning Ordinance (Location, Space Layout, Construction Standards, and Maintenance) specifies the design standards applied to parking areas. The proposed parking area satisfies the minimum dimensional requirements for spaces as well as the requirement for hard-surfacing.

(B) Residential off-street parking areas shall be parking bays, driveways or garages and shall be located on the premises they serve. Off-street parking areas shall not be constructed with a city street, a city street right-of-way, alley or alley right-of-way.

(G) All parking areas other than those for single-family and duplex units shall provide adequate access by means of maneuvering lanes so that backing directly onto a street is unnecessary. In addition, adequate radii shall be provided to other vehicles necessary to service the site. Maximum driveway entrance width for single-family and duplex units shall be 20 feet, except where there is not an adequate area for transition between the present driveway and the back of curb at the proposed curb cut, and in that event the maximum driveway width may be 24 feet.

(H) All maneuvering lanes in off-street parking areas must be wide enough to permit at least one-way traffic movement.

(I)  A clearly defined and marked driveway shall be provided for each parking area.

(L) Off-street parking areas shall have greenbelt areas of at least ten feet in width along an abutting street right-of-way.

Section 154.122 ADDITIONAL REQUIREMENTS. (F) Any permissible expansion, alteration or change of use which increases the required number of parking spaces shall be required to provide the required increase in the number of parking spaces subject to appropriate review and approval. Any deficiency in the existing parking shall be corrected at this time.

Signs - An existing sign on the property is proposed to be removed. No new signage is proposed.

Sidewalks - Sidewalks are existing along both street frontages and will not be impacted by the proposed project.

Other Requirements - The proposed use is subject to a special use permit under Section 154.051 of the Zoning Ordinance (R Residential Districts). The proposed site plan meets each of the following conditions imposed by the special use permit.

SPR/SUP-15-03 1024 & 1026 S. Main Street
February 26, 2015
Page 4 of 4

SPR/SUP-15-06 220 N. Kinney
April 9, 2015

DIVISION COMMENTS:

Division of Public Works (DPW) - DPW comments are attached.

Division of Public Safety (DPS) - DPS comments are attached.

ANALYSIS:

The proposed site plan complies with the minimum requirements of the Zoning Ordinance. The proposed conditions are consistent with the character of the area and with the future land use identified in the Master Plan. With the findings and analysis stated in this report, the following actions are offered for consideration by the Planning Commission.

SUP-15-06/SPR-15-06 Non-compliance with mandatory standards and requirements include: 154.007(B)(3); 154.121(G), (L); 154.125(A)(2); 154.051(C)(9)(c); 154.171(C)(1) (b), (e); 154.095(B); and,

As shown, 4 parking spaces: 154.120; 154.122 (F); and,

As stated, 6 parking spaces: 154.121(B), (H), (I), (K).

STAFF RECOMMENDATION:

The Planning Commission approve SUP-15-06.

The Planning Commission approve SPR-15-06 with the following condition:

1. The applicant shall comply with the requirements of the Divisions of Public Works (DPW) and Public Safety (DPS).

Site Plan as submitted left - Dimensions Annotated red border right

Planning Commission ordinance mandate - 154.051(C)(9)(f) All requests to establish a two-family dwelling shall require site plan approval pursuant to § 154.169 of this chapter; 154.169(D) Decisions conditionally approving or rejecting the site plans shall be based upon standards and requirements contained in the Zoning Ordinances.

Minutes Mt. Pleasant Planning Commission April 9, 2015

Page 5

E. SUP-15-06 - 220 N. Kinney - Keith Cotter.
Chairman Cotter recused himself from the dais and asked Vice-Chair Hoenig to preside over the case.

Motion by Kostrzewa, support by Driessnack to approve SUP-15-06.
Motion approved.

Chairman Cotter rejoined the group.

Page 8

SPR-15-06 - 220 N. Kinney.
Chairman Cotter recused himself from the discussion.

Motion by Dailey, support by Kostrzewa to approve SPR-15-06 with the following condition.

1. The applicant shall comply with the requirements of the Divisions of Public Works (DPW) and Public Safety (DPS).

Motion approved.

Chairman Cotter rejoined the group.

Perpetual Confusion

Autonomous Bureaucracy

Wednesday, June 17, 2015

Fraudulent Review & Approval

City Planner misrepresents site in connection with Planning Commission chairman's Special Use Permit application. Planning Commission approves permit despite deficient application, non-conforming site plan, and building located outside property boundary.

Staff Review as submitted - Defects Annotated Red Text

Planning Commission Staff Report
Site Plan Review / Special Use Permit 15-06
April 9, 2015
Reviewer: Jacob Kain, City Planner

APPLICANT:

PROPERTY OWNER:

LOCATION:

REQUEST:

SITE AREA:

ZONING DISTRICT:

FUTURE LAND USE:

Keith Cotter

Keith Cotter

220 N. Kinney Avenue and 608 E. Chippewa Street

Special use permit to utilize the existing property as a duplex.

0.42 acres

R-3, Residential

Urban Residential

0.49 acres
KINNEY ADD LOTS 2 & 3 BLK 10 - 133 x 138.6'
+ Encroachment East Public Right-of-Way - 133' x 22.9'

BACKGROUND:

The applicant is proposing to utilize an existing residential property as a two-family dwelling. The property currently has one primary structure on site which consists of two former single-family residences that are connected via an attached garage. The portion of the property addressed as 220 N. Kinney Avenue has historically been utilized as a single family home, while the portion of the property addressed 608 E. Chippewa Street was utilized through the late 2000s as a physician's office. That use discontinued with the purchase of the property by the applicant and 608 E. Chippewa has remained vacant since that time.

The applicant is not proposing any site work and exterior building modifications beyond the removal of a lighted sign that was utilized when the property contained the physician's office.

Figure 1. Overview map

SPR/SUP-15-03 1024 & 1026 S. Main Street
February 26, 2015
Page 2 of 4

SPR/SUP-15-06 220 N. Kinney
April 9, 2015

Figure 2. Zoning map

Land uses and zoning on the surrounding properties are as follows:

  Land Use Zoning
North Urban Residential R-3, Residential
East Urban Residential R-3, Residential
South Urban Residential R-3, Residential
West Urban Residential R-3, Residential

The proposed use as a two-family dwelling is permitted in the R-3 zoning district subject to special use permit under Section 154.051 of the Zoning Ordinance (R Residential Districts). The following conditions are imposed as a special use:

Special Use Condition Consistent
with Zoning
The minimum lot size shall be at least 10% larger than the minimum lot size required for the R District in which the property is located. However, no duplex shall be permitted on a lot smaller than 8,500 square feet.
Required parking for four or more vehicles on a single lot or parcel shall be hard surfaced with concrete or asphaltic concrete and constructed so that water does not drain onto adjacent property or onto the public right-of-way.
Required parking for more than two vehicles on one pad shall be prohibited in the required front or side street setback. Paved areas in the front or side street setback shall not exceed a driveway over 24 feet in width or a 12 foot wide driveway and an 18-foot by 18-foot paved parking pad.
Driveway width > 24'
All required parking for more than three vehicles on a single lot or parcel shall be screened from the view of adjacent residentially zoned properties by a minimum of a five foot wide planting buffer. The buffer shall be planted and arranged in such a way as to produce 80% or more continuing opacity beginning no later than four years after planting when viewed horizontally from between ground level and four feet above the ground. The planting buffer shall be maintained in a healthy condition. However, the Planning Commission may waive the planting buffer where the adjacent residential property is separated from the lot with more than three parking spaces by a street or alley right-of-way, or if the adjacent residential property is occupied by a duplex or multiple-family dwelling and recorded provisions are made to provide a shared driveway. Discussion item
In order to waive the required planting buffer, the Planning Commission must find that:
  1. The buffer will cause an increase in impervious surface.
  2. The buffer does not enhance the residential character of the area.
Not ? Applicable
All requests to establish a two-family dwelling shall require site plan approval pursuant to § 154.169 of this chapter.

SPR/SUP-15-03 1024 & 1026 S. Main Street
February 26, 2015
Page 3 of 4

SPR/SUP-15-06 220 N. Kinney
April 9, 2015

SITE PLAN REVIEW:

Section 154.169(D)) Decisions conditionally approving or rejecting the site plans shall be based upon standards and requirements contained in the Zoning Ordinances.

Plan Information - The proposed site conditions comply with all plan information requirements listed in Section 154.169 (c) of the Zoning Ordinance including preparation at a readable scale, and location and use of existing and proposed structures. - N/A

Section 154.171 SPECIAL USE PERMITS. (C)(1)(b) The development site plan must show, at a minimum:
  1. The lot;
  2. All structures, both existing and proposed;
  3. Site improvements;
  4. Parking areas and spaces;
  5. Screening requirements;
  6. Trash container location and screening;
  7. Type and location of exterior lighting;
  8. Signage;
  9. Landscaping features retained and added, including landscape features to be removed;
  10. Ratio of green space to lot size; and
  11. Vehicular and pedestrian circulation plans, including vehicular entry and exit points, loading areas, sidewalks.

Height, Bulk, Density, and Area - The proposed project is consistent with the requirements of the R-3 district as a special use with the exception of the rear setback. However, this non-conformity is allowable so long as it is not made to be less conforming through the actions of the applicant.

Section 154.007(B)(3) Nonconformance of yards. A conforming use which does not meet the area, yard or height standards of this chapter may be altered or enlarged provided there is no increase in the specific nonconformity. Landscape and parking standards must be met.

  Requirement Proposed Consistent with Zoning Site Plan
Lot Area (min) 8,800 sf 18,434 sf 21,479.5 sf
Building Height (max) 35' 35'  
Front setback (min) 20' 42' 30'
Side setback (min)
North Side Yard
South Side Yard
6.5'
10.0'
6.5'
30'
 
 

 
 
 
8'
55'
Rear setback (min) 25' 6' Existing condition 0', -17', 6' ?

Parking - The proposed project is consistent with the minimum quantity, dimension, and construction standards for the proposed use.

Section 154.120 Residential, two-family - 3 for each dwelling unit, parking space width 9', length 18'

Section 154.120 of the Zoning Ordinance (Schedule of Minimum Spaces) requires three parking spaces per unit for a two-family dwelling. Six spaces are provided.

Four 9' x 18' parking spaces are provided

154.003 PARKING SPACE. The area required for parking an automobile, but not including drives and aisles, meeting the requirements of 154.121.

Section 154.121 of the Zoning Ordinance (Location, Space Layout, Construction Standards, and Maintenance) specifies the design standards applied to parking areas. The proposed parking area satisfies the minimum dimensional requirements for spaces as well as the requirement for hard-surfacing.

(B) Residential off-street parking areas shall be parking bays, driveways or garages and shall be located on the premises they serve. Off-street parking areas shall not be constructed with a city street, a city street right-of-way, alley or alley right-of-way.

(G) All parking areas other than those for single-family and duplex units shall provide adequate access by means of maneuvering lanes so that backing directly onto a street is unnecessary. In addition, adequate radii shall be provided to other vehicles necessary to service the site. Maximum driveway entrance width for single-family and duplex units shall be 20 feet, except where there is not an adequate area for transition between the present driveway and the back of curb at the proposed curb cut, and in that event the maximum driveway width may be 24 feet.

(H) All maneuvering lanes in off-street parking areas must be wide enough to permit at least one-way traffic movement.

(I)  A clearly defined and marked driveway shall be provided for each parking area.

(L) Off-street parking areas shall have greenbelt areas of at least ten feet in width along an abutting street right-of-way.

Section 154.122 ADDITIONAL REQUIREMENTS. (F) Any permissible expansion, alteration or change of use which increases the required number of parking spaces shall be required to provide the required increase in the number of parking spaces subject to appropriate review and approval. Any deficiency in the existing parking shall be corrected at this time.

Signs - An existing sign on the property is proposed to be removed. No new signage is proposed.

Sidewalks - Sidewalks are existing along both street frontages and will not be impacted by the proposed project.

Other Requirements - The proposed use is subject to a special use permit under Section 154.051 of the Zoning Ordinance (R Residential Districts). The proposed site plan meets each of the following conditions imposed by the special use permit.

SPR/SUP-15-03 1024 & 1026 S. Main Street
February 26, 2015
Page 4 of 4

SPR/SUP-15-06 220 N. Kinney
April 9, 2015

DIVISION COMMENTS:

Division of Public Works (DPW) - DPW comments are attached.

Division of Public Safety (DPS) - DPS comments are attached.

ANALYSIS:

The proposed site plan complies with the minimum requirements of the Zoning Ordinance. The proposed conditions are consistent with the character of the area and with the future land use identified in the Master Plan. With the findings and analysis stated in this report, the following actions are offered for consideration by the Planning Commission.

SUP-15-06/SPR-15-06 Non-compliance with mandatory standards and requirements include: 154.007(B)(3); 154.121(G), (L); 154.125(A)(2); 154.051(C)(9)(c); 154.171(C)(1) (b), (e); 154.095(B); and,

As shown, 4 parking spaces: 154.120; 154.122 (F); and,

As stated, 6 parking spaces: 154.121(B), (H), (I), (K).

STAFF RECOMMENDATION:

The Planning Commission approve SUP-15-06.

The Planning Commission approve SPR-15-06 with the following condition:

1. The applicant shall comply with the requirements of the Divisions of Public Works (DPW) and Public Safety (DPS).

Site Plan as submitted left - Dimensions Annotated red border right

Planning Commission ordinance mandate - 154.051(C)(9)(f) All requests to establish a two-family dwelling shall require site plan approval pursuant to § 154.169 of this chapter; 154.169(D) Decisions conditionally approving or rejecting the site plans shall be based upon standards and requirements contained in the Zoning Ordinances.

Minutes Mt. Pleasant Planning Commission April 9, 2015

Page 5

E. SUP-15-06 - 220 N. Kinney - Keith Cotter.
Chairman Cotter recused himself from the dais and asked Vice-Chair Hoenig to preside over the case.

Motion by Kostrzewa, support by Driessnack to approve SUP-15-06.
Motion approved.

Chairman Cotter rejoined the group.

Page 8

SPR-15-06 - 220 N. Kinney.
Chairman Cotter recused himself from the discussion.

Motion by Dailey, support by Kostrzewa to approve SPR-15-06 with the following condition.

1. The applicant shall comply with the requirements of the Divisions of Public Works (DPW) and Public Safety (DPS).

Motion approved.

Chairman Cotter rejoined the group.

Perpetual Confusion

Autonomous Bureaucracy