Information on this website has been prepared for general information. The Board of Adjustment would be justified in granting a variance for the insufficient side yard setback if you were to demonstrate that 1) the physical constraints of that particular property does not allow you to meet the zoning requirements of the district and 2) that the variance can be granted without harming the public welfare or impairing the intent and purpose of the Townships Zoning Ordinance. Communities on the Leelanau Peninsula include: The Grand Traverse Band of Ottawa & Chippewa are a group of Native Americans who live on the peninsula around Peshawbestown, Michigan. (The number refers to the subsection of the Municipal Land Use Law which describes these variances.). Im going to teach you about these laws/ordinances on this and the following pages together with a legal term called a variance(s). Traverse City, the largest municipality in Northern Michigan, is located at the base of the peninsula on the east side, at the head of Grand Traverse Bay. He expects, though, that the Timber Shores team will present a new proposal later this month or in December. 2020 2023 Legendary, all rights reserved. SUTTONS BAY In March, the Leelanau Township board in Northport unanimously voted to implement a strict commercial zoning ordinance that changes regulations for future structures in the townships commercial resort zone along the waterfront of Lake Michigan. To view or purchase photos, visit photos.record-eagle.com. 1, or clerk@leelanautownshipmi.gov. The public will be given the opportunity for public comment in-person or via Zoom Electronic Remote Access and telephone at specific times during the Hearing and regular meeting. Visit the document center to view the ordinances and forms. We have greater setbacks that protect the neighbors and environment, said Northport resident Ann Marie Mitchell. Application for rezoning, Variance & etc. 6, Kristian Saile (Facilities Manager) facilities@leelanautownshipmi.gov, Township Hall address: 119 E. Nagonaba (PO Box 338) Northport, MI. In addition, every member of your staff with whom I came in contact with was courteous, respectful, and helpful. This prohibition occurs not because the owner (or tenant) is legally forbidden from using their property the way they want, but because the owner is unfamiliar with the local zoning law and what is necessary to obtain a variance prior to building or profitably using their property. Shes displeased and felt misinformation fueled the election results. Bob Featherly. Ordinances & Forms; Marina; NLTUA. 1, Georgie Murray (Trustee) trusteegeorgie@leelanautownshipmi.gov, Gina Harder (Trustee) trusteegina@leelanautownshipmi.gov phone: (248) 339-6621, Steve Patmore (Zoning Administrator) zoning@leelanautownshipmi.gov phone: (231) 386-5138 ext. I dont want to change it, frame of mind, she said. PLANNING/ZONING The plan is the blueprint upon which future changes will be based. Scholars have established, however, that Jane first used Leelinau as a pen name for her writings in The Literary Voyager, a family magazine which she and her husband wrote together and circulated among friends in the 1820s. Phone: (732) 863-9900 Table of Contents . Cypher Group Inc, P.O. On this Wikipedia the language links are at the top of the page across from the article title. 2023 Leelanau Enterprise, Leelanau County, Michigan. A C-1 variance involves a case where because of the size, shape, topography or other physical features that are unique to the property, the zoning requirements would place an exceptional burden or hardship upon the property owner. According to the attorney for the developer,Brion Doyle, Timber Shores is excited to continue to move forward and is prepared to build its own wastewater treatment facility on the property, going through rigorous review and permitting by the Michigan Department of Environment, Great Lakes, and Energy (EGLE). Ordinances: Burning Ordinance. Special to the Record-Eagle, Petoskey's boys finish as D2 state champions; t, Prep roundup: Lakers finish as unanimous No. Shares Leelanau Township Attorney Seth Koches, This issue was very important to the residents of Leelanau Township and we respect the courts attention to this matter in reaching its decision, also noting, Any new commercial development on the property will require a special land use permit processed and reviewed independently by the Leelanau Township Planning Commission., Tom Oehmke, attorney for the intervenors (whose own property also abuts Timber Shores) maintains the court ruling is erroneous., He says that NM Investment, which had proposed a planned unit development on the Timber Shores site back in 2006 unilaterally added its own escape hatch claiming that the 2006 sewer agreement was project-specific. Disclaimer | Privacy Policy | Site, About Hanlon Niemann & Wright and Our Attorneys, Business, Partnership & Corporate Litigation, Including Arbitration, Elder Law, Disability and Guardianship Rights, Medicaid Eligibility and Protecting Assets from a Nursing Home, Probate Estate Litigation and Will Contests. Zoning Administrator - Steve Patmore Leelanau Township Office hours: Tuesday and Wednesday from 10 am to 4 pm 231- 386-5138 ext. Its fear. Leelanau Township is asking voters to support a .3000-mill levy for four years, 2022-2025, "for the continuation of facility improvements, road improvements, and equipment" for the township's government. Each parcel of land in a municipality is located within a zoning district. From Leelanau Township Emergency Services. C-2 variances do not require a demonstration of hardship however, you must demonstrate that the variance being requested will promote one of the goals of the Municipal Land Use Law and that the benefits of granting the variance will substantially outweigh any detriment. In addition, the applicant must demonstrate that the granting of a variance will not create substantial harm or negative effects to the public, or impair the intent and purpose of the Municipal Zoning Ordinance. At its base, the peninsula is about 20 miles (30km) wide. In deciding whether to grant or deny a variance application, a zoning board must apply specific legal criteria to each case depending upon which variance an applicant is applying for. Hanlon Niemann & Wright does not guarantee its accuracy or completeness or suitability. Site plan review for the purpose of granting variances for the temporary encroachments would undoubtedly be a cumbersome process that would throw this issue to the Zoning Board of Appeals., Patmore agrees that the grading setback is going to impact [Timber Shores] plans but I think the township will be fair in reviewing anyvariancerequests., All told, Doyle assures that Timber Shores is evaluating all of its options with respect to the proposed amended zoning ordinance. He will be able to walk you through the process in a clear and understandable way. Box 226, Lake Leelanau, MI 49653 The township never consented to this unilateral change in the 2006 sewer agreement., He adds, One party acting alone cannotchange a material aspect of a sewer agreement simply by signing a piece of paper and recording it with the Register of Deeds., So, stay tuned, Oehmke tells the Leelanau Ticker: We will be filing a Motion for Reconsideration calling this error to the attention of the court and asking that the 2006 sewer agreement be upheld, specifically, the creation of a special assessment district at Timber Shoreswhich provide[s] authority in the township to specially assess benefitted properties in the [Timber Shores] district for all township assumed and incurred sanitary sewer costs.. These amendments would affect RV parks as a special use in the commercial resort district. Therefore, it is important that you know the law on zoning and what your Municipal Board is looking for to approve your application. The Zoning Board may also grant bulk variances from the zoning requirements related to the location and placement of building or structures, or the size and configuration of a piece property. A Master Plan is the official policy guide for development in the Township, and as such it is important for the plan to be rooted in the opinions and perspectives of the people who live, work, and play in the Township. The meeting will include a Public Hearing and consideration of an Application for Rezoning (Zoning Ordinance Map Amendment) submitted by Green Bridge Holdings, Inc. to rezone property at 12500 E. Sugar Bush Rd., Northport, MI, (Property No. Zoning Board of Appeals Fee $500.00 We included cabins in the plans because of the limited options for overnight lodging in the Northport area. The most notable changes, according to Zoning Administrator Steve Patmore, pertain to wetlands and park models. All rights reserved. Zoning Review $50 per parcel [2] Additional railroads would snake up the peninsula with lines from Lake Ann and Traverse City to Provemont, Suttons Bay, and Northport. Section 1.1 Purpose and Scope . Written comments will be accepted at and prior to the meeting. This peninsula, which is part of the neighboring Grand Traverse County, is much thinner than the Leelanau, only about 3.2 miles (5km) at its widest, and only about half the length, at 17 miles (27km). Written by New Jersey Zoning Law Attorney Fredrick P. Niemann, Esq. Email: fniemann@hnlawfirm.com, COPYRIGHTCopyright Hanlon Niemann & Wright, P.C. The Zoning Board of Adjustment is a group of citizens appointed by the governing body that has the power to grant variances from the zoning laws. of uses are regulated by the Zoning Ordinance. We also hoped that by including cabins that would help ease concerns about traffic., He also cites the poorly conceived grading setback requirement and its impact on stormwater runoff management plans., Small, shallow basins and rain gardens are currently designed to protect wetlands from direct road runoff and to maintain water quality in the streams on the property and Grand Traverse Bay. A usually skeptical person, I trusted you from the moment I shook your hand! 49670, Office HoursMonday-Thursday : 9:30 - 4:00The office is closed on Friday, The Zoning Administrator is in the office on Tuesday and Wednesday from 11:30 - 2:00, The Assessor is in the office on Tuesday from 10:00 - 4:00. The Leelanau Peninsula (/ l i l n / LEE-l-naw) is a peninsula of the U.S. state of Michigan that extends about 30 miles (50 km) from the western side of the Lower Peninsula of Michigan into Lake Michigan. BOARD MEMBERS. To me, its more than passion. For example, suppose you would want to build a house on a property that does not have the physical limitations of, say wetlands or steep slopes. Enterprise photo by Meakalia Previch-Liu, Several changes to the Leelanau Township zoning ordinance for campgrounds and RV parks in the commercial resort district were adopted Monday. I own several small businesses. He can be reached at our toll free number, (855) 376-5291 or by email at fniemann@hnlawfirm.com. In order to avoid disruption of the slopes, the house has to be located on the property such that the side yard setback of the house (i.e., the distance required between the house and the side property line) will not meet Township requirements. [8], Coordinates: .mw-parser-output .geo-default,.mw-parser-output .geo-dms,.mw-parser-output .geo-dec{display:inline}.mw-parser-output .geo-nondefault,.mw-parser-output .geo-multi-punct{display:none}.mw-parser-output .longitude,.mw-parser-output .latitude{white-space:nowrap}450300N 853918W / 45.05N 85.655W / 45.05; -85.655. 5, Leelanau Township Office Tuesday from 10 am 4 pm, Hugh Cook (Chief, Emergency Services) firechief@leelanautownshipmi.gov phone:(231) 386-5343, Jolisa Ugalde (Deputy Treasurer) dtreasurer@leelanautownshipmi.gov phone:(231) 386-5138 ext. Cross declined to publicly take a stance on the issue, acknowledging only what a big deal it is for the community. Leelanau Township, 119 E. Nagonaba St., P.O. Section 1.4 Severability . Please login hereto access content or comment on a story. of DENIAL to the Township Board of Trustees regarding the Township-initiated proposed Zoning Ordinance text amendment ZO 2017-04-19 that, if adopted, would allow certain . Leelanau Ticker shares the latest: First up, the outcome of the lawsuit in whichthe township asked the 13th Circuit Court to decide if the previously recorded 1998 and 2006 sewer agreements associated with the current Timber Shores property are still binding today. Phone (231) 386-5138, 2023 Leelanau Enterprise, Leelanau County, Michigan. It all started after Timber Shores RV park proposed constructing 355 RV campsites, staff housing and a water treatment system roughly 40 feet from the water that zone. The Planning and Zoning department has authority to regulate and control the development and use of property in Glen Arbor Township in order to protect the health, safety, and welfare of the public. These amendments would affect RV parks as a special use in the commercial resort district. Document Center. These local laws are often referred to as municipal zoning ordinances. SPECIAL EVENTS The passion is in the people who dont want it here. Box 226, Lake Leelanau, MI 49653 They have extensive knowledge of the New Jersey Municipal Land Use Act and the legal criteria that must be satisfied, to obtain a successful variance. Rick Cross (Supervisor) supervisor@leelanautownshipmi.gov phone: (231) 386-5138 ext. There are two different types of bulk variances, also known as the C-1 and C-2, variances. At the time the moratorium was imposed, Thall shared this rationale: "It has been over 15 years since the Leelanau Township zoning ordinance has been studied with regard to recreational vehicle parks and campgrounds as a special use within the commercial resort district. Legally permitted Bed & Breakfasts. We encourage residents to support Timber Shores by voting no on the amended Leelanau Township Zoning Ordinance because of its flawed creation and the potential for unintended consequences that. The Legal Description of the property, the written voluntary conditions, and the Application are available for viewing at the Leelanau Township Office during regular office hours, and on-line at https://www.leelanautownshipmi.gov. A variance is an approval by the municipality to a property owner/occupant which permits the use or development of property in a manner otherwise not permitted under the zoning requirements of the township. A few flurries or snow showers possible. Still, Oehmke maintains the path forward for the developer is less than clear, noting the planning commission could order Timber Shores to pay to expand and connect to the NLTUA system because these 200 acres are environmentally sensitive.. 3499 Route 9 North, Suite 1F The North and South Manitou Islands are located to the northwest of the peninsula in Lake Michigan. Agricultural Support Businesses. The Zoom computer and telephone remote access meeting information is as follows: 2122 Campus Drive SE - Suite 100 . Private Road Ordinance. In residential zones for example, incompatible uses such as factories, shopping centers, and offices are not permitted. Apply for or Renew a Short Term Rental Permit. Phone 231-386-5138 x 4, Fax 231-386-7909, Email: . Among the reasons for dividing land into zoning districts is to guide the development of land in an orderly fashion and to prevent conflicts between different types of uses. A motion to intervene was also filed on behalf of 63 property owners within 300 feet of the proposed Timber Shores development, who claimed their interest was not only to protect the well water of the adjacent property owners but also Ennis Creek, which runs through the property. Hanlon Niemann & Wright takes no responsibility and makes no warranty whatsoever for the content or information contained herein. The southernmost section of the peninsula is flanked by the Sleeping Bear Dunes National Lakeshore. All development must conform to the specific requirements of the zoning district in which the property is located. Voters on both sides of the issue put up strong fights for what they believed was the best way to govern the commercial resort zone, which encompasses more than 200 acres. Section 1.6 Construction, Effective Date . A zoning ordinance amendment referendum for Leelanau Township is on the Nov. 8 ballot this year, leaving the voters to decide whether or not they want updated changes made and put in place to zoning and land use in the area. Many times, property owners dont know this when applying for a variance and have their application denied because of a lack of evidence to support the variance. It failed in a close vote. 2023 Leelanau Enterprise, Leelanau County, Michigan. Such criteria is intended to demonstrate the board that the variance request meets the requirements of New Jersey law justifying the grant of a variance. East of the Leelanau Peninsula is the smaller Old Mission Peninsula. The Leelanau Peninsula is known for its unusually steep terrain and large bodies of water, both of which produce a milder microclimate than the more temperate areas further inland. 119 E. Nagonaba, P.O. Amendment to Zoning Ordinance April 2022. 4 zoning@leelanautownshipmi.gov Click here for documents related to zoning in Leelanau Township Freehold, NJ 07728 I walked out of your office feeling much more confident and very relieved. Its not in my backyard. Application for rezoning, Variance & etc. "michiganrailroads.com - Evolution Map - Lower - 1892", "michiganrailroads.com - Evolution Map - Lower - 1996", "Leelanau County website re Lake Leelanau history", "Lake Leelanau, Michigan 49653 - InfoMI.com", Jeremy Mumford, "Mixed-race identity in a nineteenth-century family: the Schoolcrafts of Sault Ste. 1 , West World: Titans win twin D1 ski titles, Cherry Republic keeps TC store; eyes 'whole new concept' in Arcade building, East Jordan leaving Lake Michigan for Ski Valley, Proposed wellness resort met with concern, Awards honor detectives, deputies, corrections, Restaurant Week returns with new eatery, price point, Life as I know it: That telltale tang is worse in winter, New enrollment numbers reveal three schools with notable gains. As the applicant, the burden of proof is on you to prove that sufficient legal criteria exists to support your application. PHONE: (231) 360-2557 FAX: (231) 334-6370 Public Hearing ZO 2017-04-19, a Zoning Ordinance Amendment to amend Section 3.17 Temporary/Seasonal Uses and Structures . Section 1.7 Rules applying to the Text SUTTONS BAY In March, the Leelanau Township board in Northport unanimously voted to implement a strict commercial zoning ordinance that changes regulations for future structures in the. The other group didnt like the idea of filling the quiet part of the township with an RV park, he said. During a special meeting held via Zoom, the township board held both the public hearing on the fiscal. Zoning Ordinances. Rental of only a portion of a dwelling unit (Owner Occupied Rental). Winds NE at 5 to 10 mph. In all cases before the Zoning Board of Adjustment, it is the applicants burden to prove his or her case. https://us02web.zoom.us/j/8819825018?pwd=LzQ5aDgraUJGbUhtbE1xdDVqWThtdz09 Cloudy. The levy would raise an estimated $152,082 in its first year. Gohere to purchase a subscription. Guide to Permitting and Zoning (Guide) for Leelanau County is the result and collaboration of stakeholders in Northwest Lower Michigan to assist individuals and businesses involved with construction and development projects. The impact of the project (would) be so huge, it will more than double the population (in the summer months), he said. Leelanau County encompasses the entire peninsula.It is often referred to as the "little finger" of the mitten-shaped lower peninsula. Planning, Land Use Planner The Zoning Ordinance, Zoning Map, and Master Plan can be found on this website. Apply for or Renew a Short Term Rental Permit. The township then obtained an administrative search warrant and Schwantes and Cypher entered the mushroom trailers in the presence of two deputies from the Leelanau County Sheriff's Office. MEETINGS / MINUTES Please login hereto access content or comment on a story. please contact Fredrick P. Niemann, Esq., an experienced, knowledgeable zoning land use \attorney. I really like them personally and professionally. Glen Lake is another large lake located within the southwest of the peninsula. 2020 2023 Legendary, all rights reserved. The Sleeping Bear Dunes National Lakeshore, the most renowned part of the peninsula, was authorized on October 21, 1970. Chair | 2023. EMAIL: [emailprotected], All regular meetings of the Glen Arbor Township Planning Commission are held the first Thursday of the month at 7:30 PM in the Glen Arbor Town Hall Meeting Room, 6394 W. Western Ave. Glen Arbor, MI, First Division Fee $300.00 Overall our hope is that Timber Shores latest victory in court will help to convince the township to work with us toward a development that will benefit the community at large, he says. Phone (231) 386-5138 The township board amended sections 2, 3, 7 and 15 all pertaining to the commercial resort district where a proposed 355-site RV resort us planned. Patmore says, We are trying very hard to look at the commercial district in general and not the specific Timber Shores project. Of course, Timber Shores will need to follow any of the newly adopted zoning ordinance amendments. It is drained by the Leland River into Lake Michigan, and covers 8,700 acres (40km2). The suit revolved around two agreements which would require Timber Shores to be connected to the Northport-Leelanau Township Utility Authority (NLTUA) sewer at its own expense. The Chair opened the Public Hearing at 7:26 p.m. . First of all, I just wanted to thank you so much for the time, and most of all, for the knowledge, concern and support you so generously gave me during our meeting on May 26, 2010. Steve Patmore (Zoning Administrator) - zoning@leelanautownshipmi.gov phone: (231) 386-5138 ext. [1], The first railroads on the peninsula were built in 1892. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found in this publication is expressly prohibited.NO REPRESENTATIONS This material may contain technical or typographical errors. Timber Shores sees Elsenheimers ruling as a clear victory. Leelanau Township Office hours: Tuesday and Wednesday from 10 am to 4 pm, Click here for documents related to zoning in Leelanau Township, Township Hall address: 119 E. Nagonaba (PO Box 338) Northport, MI. The federal government's stance at the time was that the Great Lakes were the "third coast" and had to be preserved much like Cape Hatteras or Point Reyes, which are National Seashores. Some of the area was developed for agricultural purposes and annual festivals related to the cherry crop have been held in Traverse City since 1925. 4, Leelanau Township Office Tuesday & Wednesday from 11:30 2 pm, Christy Brow (Assessor) assessor@leelanautownshipmi.gov phone: (231) 386-5138 ext. The Zoning Board may grant a d or use variance to permit a use or type of building that is not otherwise allowed. Photo courtesy of Kristian Saile, A zoning ordinance amendment referendum for Leelanau Township is on the Nov. 8 ballot this year, leaving the voters to decide whether or not they want updated changes made and put in place to zoning and land use in the area. Purpose The primary goals of the Guide are to both act as a quick reference as well as educate individuals, Written by New Jersey Zoning Law Attorney . Phone (Toll Free): (855) 376-5291 RECREATION Aspire North Realtors tracks this info here. See Leelanau County for a more complete discussion of the etymology of the name. Financial Policies & Procedures, 2021 Parks & Recreation 5 year plan (draft), 2022-01 Broadband and Cellular Communication Services, Procedure to Post Audit Certain Township Bills, Resolution Civil Infraction Enforcement Policy, Zoning Ordinance updated through August 2012, Setbacks for Agricultural Accessory Structures, Township Hall address: 119 E. Nagonaba (PO Box 338) Northport, MI. All information presented in this website is copyrighted by Hanlon Niemann & Wright, P.C., or other individuals or entities as designated. Fredrick P. Niemann, Esq. IN NO EVENT SHALL HANLON NIEMANN & WRIGHT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS PUBLICATION. 3. Box 338 Northport, MI 49670. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. The property in Northport formerly Timber Shores Campground, a proposed RV park, shown from aerial photos in 2021. VISITOR INFO, RENT THE TOWN HALL Doyle notes several areas very likely to create unintended consequences. For instance, the ordinance proposes counting each park model cabin as 1 of an RV. 2. Nuisance Ordinance. 2, Jessica Alpers (Clerk) clerk@leelanautownshipmi.gov phone: (231) 386-5138 ext. Chance of snow 70%. They also aim to limit the number of the more permanent park models allowed in a campground. Snow accumulations less than one inch. 49670, Office HoursMonday-Thursday : 9:30 - 4:00The office is closed on Friday, The Zoning Administrator is in the office on Tuesday and Wednesday from 11:30 - 2:00, The Assessor is in the office on Tuesday from 10:00 - 4:00. Amended through August 2012 . Henry also used the name Leelinau for a character in his writing. They have reviewed my leases, negotiated the buyout of my former business partner, handled land use problems in a neighboring county and generally have really been there for me. Premium Content is available to subscribers only. Starting on that date, anyone operating or advertising a Short Term Rental must obtain a permit from Leelanau Township. Like Elmwood Township, the Village of Suttons Bay, Suttons Bay Township, Village of Northport, Bingham Township, Empire Township, Leelanau Township, and Leland Township each have short-term rental ordinances in place, while others have ordinances specific to Bed and Breakfasts and tourist homes. of Hanlon Niemann & Wright, PC won a significant land use victory before the Middlesex County Superior Court wherein the Court reversed the granting of a use variance and site plan approval to the owner and operator of a significant commercial business adjacent to Mr. Niemanns residential client. This Application includes written voluntary conditions submitted by the Applicant. New Jersey allows every municipality in the state to adopt its own building and land use laws within their municipal boundary lines and all property owners must abide by these laws. Regulating the placement, height and intensity of development, allows a municipality to be a more attractive and orderly community. 5 Leelanau Township Office - Tuesday from 10 am - 4 pm They would apply to any campground, he says. Meanwhile, completely apart from the litigation, Leelanau Township planning commissioners had a public hearing on Feb. 10 and after considerable public comment recommended the township approve proposed amendments to the zoning ordinance. Clear victory ordinances and forms the neighbors and environment leelanau township zoning ordinance said Northport resident Marie... Resort district ( toll free ): ( 855 ) 376-5291 RECREATION Aspire Realtors. Hanlon Niemann & Wright, P.C orderly community professional counsel 376-5291 RECREATION Aspire North Realtors tracks this info.... Anyone operating or advertising a Short Term Rental Permit election results the opened... 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The issue, acknowledging only what a big deal it leelanau township zoning ordinance for the community warranty whatsoever for the.... Special to the meeting the Zoom computer and telephone remote access meeting information is as follows: 2122 Campus SE... ) wide I came in contact with was courteous, respectful, and offices are not.. Displeased and felt misinformation fueled the election results will be based character in writing... Permit a use or type of building that is not otherwise allowed not the specific Timber Shores campground he.

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